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HomeMy WebLinkAboutSW8960820_Historical File_20211102 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, November 2, 2021 1:36 PM To: Mark Carter,Amy Norris Cc: Jason Clark Subject: RE: [External] Re: Permit Renewal Barclay Apartments(N&T#20055) SW8 960820 Attachments: IG Wilmington.pdf Hi Mark, The most recent paperwork shows Bruce B Cameron IV signing for IG Wilmington, LLC, but he is not listed on the NC Secretary of State's 5/5/21 Annual Report, attached. It only lists Scott Sullivan. Is there more recent documentation that Mr.Cameron has signature authority for IG Wilmington, LLC? Thanks, Kelly Kt1,1, JohV1.Sow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Carter<carter28409@yahoo.com> Sent: Monday,October 18, 2021 3:36 PM To:Amy Norris<anorris@ntengineers.com>;Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: Re: [External] Re: Permit Renewal -Barclay Apartments (N&T#20055)SW8 960820 CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam, Kelly Please call me when you have a second. 910-763-3666 ext 28. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 i PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Monday, October 18, 2021, 02:43:37 PM EDT, Johnson, Kelly <kellv.p.iohnson(a�ncdenr.gov>wrote: Hi Mark, There was an error when the permit was renewed. I inserted a note in the file when I found it, and I have a (very rough) draft permit for SW8 960820 which contains the correction that will be in the cover letter of the permit when it is issued If you have further questions, please let me know. Kelly Kelly Johnson Kelly Johnson Environmental Engineer MC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Carter<carter28409yahoo.com> Sent: Monday, October 18, 2021 2:22 PM To: Johnson, Kelly <kelly.p.iohnsonancdenr.gov>; Amy Norris <anorrisaintengineers.com> Cc: Jason Clark<jclark cc ntengineers.com> Subject: [External] Re: Permit Renewal -Barclay Apartments (N&T#20055) 2 CAUTION: External WPM_ dick open attachments unless you verify. Send all suspicious email as an I attachment to Re Kelly Following up on Amy's email, I wanted to see exactly how the permit was renewed to make sure we are completing the transfer correctly. The transferee will be the Lessee, IG Wilmington, LLC and the two owners, the trust and Dry Pond Properties, LLC, will be signing as the owners. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Monday, October 18, 2021, 02:15:07 PM EDT,Amy Norris <anorrisantengineers.com> wrote: Kelly, 3 Good afternoon. Have you issued the Permit Renewal yet? I asked because I do not have a copy of it in my computer files & Mr. Carter is requesting a copy. Thanks, Amy Amy S. Norris Office Manager ExecL::t e Admin°strat ve Assistart NO TUNSTALL. CONSWING ENGINEERS RC.— 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604 (F) anorriscc'antengineers.com www.ntengineers.com From: Mark Carter<carter28409(ayahoo.com> Sent: Monday, October 18, 2021 1:30 PM To: Amy Norris <anorrisantengineers.corn> Subject: Barclay Apartments Amy Can you send me the permit renewal that was issued earlier this year? I can't put my hands on it. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street 4 Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax 5 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C.— 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 284 Ash,NC 28420 (910) 343-9653 - ' , (910) 287-5900 (910) 343-9604 Fax (910) 287-5902 Fax Oer John S.Tunstall,P. U. 44 J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K. Bland,P.E. Robbie P.Hennelly,E.I. Thomas J. Scheetz,E.I. October 25, 2021 Ms. Kelly Johnson, Environmental Engineer NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit SW8 960820: Barclay Place State Stormwater Permit SW8 210311 Barclay Place Phase 2 Lot 1 State Stormwater Permit SW8 210312: Barclay Place Phase 2 Lot 2 2650 Shipyard Boulevard Wilmington, NC N&T Project No. 20055 Dear Ms. Johnson: Pursuant to your corrected October 12, 2021 Request for Additional Information letter, we offer the following responses. Please note that within the aforementioned letter, there are typos when referencing the assigned State SW project numbers. We are only calling this to your attention so when you issue the permits, they have the correct permit number on them and in your computer system. 1. Plan Sheets: A. 1996 Plan Sheets: Please provide a list of sheet numbers from 1996 that need to be brought forward with this mod. NT Response: As you know, the Phase 2 plans and Independence Grande Plans were done 25 years apart. The best we can tell, Plan Sheets 1, 2, 3, 7 and 8 need to be brought in from the original plans. If you see an issue with these please let us know. We do not want this item to hold up an approval. DEQ Response: This is just a standard question so I can create a list of active plan sheets. B. Sheets 1-1.2 and DA-1: Ms.'Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 2 SW8 960820: Sheet 1-1.2 does not include Lot 1 Longstreet Place. Perhaps this is an older version? I believe that the lot is now intended to be part of the project area as shown on Sheet DA-1. Please include Lot 1 Longstreet Place in the project area. Also, most of the bearing and distance lines for all lots and the project area are shown between Sheets 1-1.2 and DA-1. Please add the bearing and distance for Lot 1 Longstreet Place on its southwestern side to one of these sheets. NT Response: The Lot 1 Longstreet Place lot has always been in the drainage area of the pond, as it was a portion of the original lot. It was recently split out to be a separate lot. 1-1.2 shows this lot as its own lot, recorded in MB 70 Pg 52. We will add the bearing and distances as you request. This lot is in the pond drainage area as shown on DA.1, not the project area. We are not proposing any development on that lot at this time. Other than adding the bearings and distances, how else do you want us to include it in the project area? DEQ Response: I was referring to Lot 1 Longstreet Place as being part of the project area in the sense that it is a lot draining to the pond. It does not really matter if it is in the project area or not, as long as it is on the plans as an offsite lot draining to the pond. I just need the bearing/distance line. NT Response: All lot lines now include bearings and distances. ii. SW8 210311 & SW8 210312: Please make any necessary changes to these plans as well. Response: Separate revised plan sheets are enclosed for each of these project numbers. C. Connecting Offsite Drainage: Lot 2: 1. SW8 960820: Sheet I-1 shows a 24" RCP with a pipe stubout to connect Lot 2 on one end and a grate with entrance invert elevation at 35.08 msl to connect Lot 1. The pipe runs under the road and there is a grate at entrance invert elevation 34.59 msl which connects to a 36 in RCP which will carry water from these two lots to the pond. However, the stubout for Lot 2 does not appear to be inside Lot 2. (It appears to be just outside of the lot). Please clarify the connection for Lot 2. NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 3 NT Response: Our Grading Plan shows a couple of different ways we intend to connect Lot 2 to the system. JB2-20A was specifically extended to allow Lot 2 to connect to the system. CI 2-22B also allows for connection. Both of these inlets are within Lot 2. DEQ Response: Please put this in your response and I will go through the plans once it comes back in. NT Response: Our Grading Plan shows a couple of different ways we intend to connect Lot 2 to the system. JB2-20A was specifically extended to allow Lot 2 to connect to the system. CI 2-22B also allows for connection. Both of these inlets are within Lot 2. 2. SW8 210312: Please make any necessary changes to these plans as well. Response: Separate revised plan sheets are enclosed for each of these project numbers. ii. Lot 1 Longstreet Place, SW8 960820: Please show the piped connection between this lot and the pond. NT Response: We are not proposing any development on this lot at this time. This lot is included in the drainage area of the pond as it has always been. The connection to the stormwater pond will have to be determined when the lot is developed. There is a drainage ditch separating the lot and the pond at this time. We cannot show a pipe connecting this lot to the system at this time. This should not hold up permitting. Please advise if this answer is adequate. DEQ Response: If there isn't yet a connection to that lot then the master permit (SW8 960820) will have to be modified to show the connection to SW8 201312 when development is proposed on that lot. I will put that in the cover letter of each of those permits. NT Response: Please note within the permit that the connection for Longstreet Lot 1 is to be determined in the future. Note also, we have included a note on DA.1. This NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 4 note states "LONGSTREET LOT 1 IS WITHIN THE POND DA AND HAS BUA ALLOCATION. HOWEVER, THE CONFEYENCE TO THE POND HAS NOT BEEN DESIGNED. CONVEYENCES TO THE SW POND MUST BE DESIGNED AND PERMITTED WITH THE DEVELOPMENT OF LONGSTREET LOT 1". D. Natural Features [15A NCAC 02H.1042(2)(g)(iii)]: Please provide the boundaries of all surface waters, wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian buffers, or a note on the plans that none exist. If a note is already provided on the plans, please provide a citation of where it can be located. Response: Plan sheet C2 now includes a note that "THERE ARE NO SURFACE WATERS, WETLANDS, REGULATORY FLOOD ZONE, PROTECTED VEGETATED SETBACKS OR PROTECTED RIPARIAN BUFFERS ON-SITE". 2. Ownership and Lease: A. SW8 960820: i. Potential Path Forward: Please determine how you would like to set up the permittee. One potential path forward is as discussed in the October 5, 2021, email with attorney Mark Carter. In summary, IG Wilmington will lease all the land other than Lot 1, Lot 2, and Lot 1 Longstreet Place. There are two owners for that leased land: Bruce B. Cameron IV, Trustee, and Dry Pond Partners. If we issue the permit in that way, all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV, Trustee and Dry Pond Partners will sign as the property owners. Response: Per your correspondence with Mark Carter, Attorney, for SW8 960820, enclosed are two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), and the revised Deed Restrictions form. Also enclosed is the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust) and a copy of the Lease Agreement. ii. Ownership Summary for the File: On July 8, 2009, the fee title to the 39 acres (See Book 2533, Page 725 Tract B, plus some minor correction deeds) was owned as follows, "Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum NCBELS License C-364 . • Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 5 of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry". At the same time, IG Wilmington, LLC held and continues to hold a leasehold estate (a long-term lease) in approximately 26.24 acres of the property covered by the permit including the pond. (This is now Parcel ID R061 1 7-01 1-01 9-000). Bruce B. Cameron, the Trustee, died 4/3/2013. At the time of his death, Scott C. Sullivan and Bruce B. Cameron, IV became the successor trustees of the trust. (There is a Certification of Trust recorded in Book 5849, Page 569). The original trust is still in existence, only the trustee(s) have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners, LLC (Lot 1 Longstreet Place) which is related to the trust. But the area that has been added to the tract is not the pond. Response: Lots 1 and 2 and Lot 1 Longstreet Place are all owned by Dry Pond Partners, LLC and there is no lease on said tracts. B. SW8 210311 (Lot 1) and SW8 210312 (Lot 2) i. Signatures: hesig gyres ll-were# ame disc„sseN hove in Q(Men Ill of the modificati n appli (Th ill be lesso n-�„�c,�r,�—rrn�sr„vcccrA,T�xpptr�it�rtFeA----�,,,erL�ylf..,--.���ce the modification application. You can add additional sheets if necessary). Each application will be signed by its owner, Dry Pond Partners, LLC. response: i'he original Lot 1 & Lot 2 State SW submittals of March 25, 2021 had the applications signed by Dry Pond Partners, LLC. ii. Ownership Summary for the File: Lots 1 and 2 are solely owned by Dry Pond Partners, LLC and there is no lessee. The deed references for Dry Pond, LLC are Deed Book 5855, Page 238; Book 5855, Page 223; and Book 5855, Page 230 which are attached below (copies are attached and were provided previously). Notes, these three deeds convey approximately 12.77 acres to Dry Pond, LLC which includes Lot 1 (Longstreet Place), Lots 1 and 2 (the areas adjacent to Shipyard on each side of Southhall Drive, MB 70, Page 59), and the portion of the 31.18 acres shown on MB 70, Pg 59 they are labeled "lines to be null and void". (The recorded plat at Map Book 70 at Page 59 shows the owner as Bruce Cameron Trustee, however the note on the plat is incorrect). L otc I end 2 w�t'tof the-orig�`rnraIl 33 4-accrc3-diacuacred �duce-o't 'r�'roronn, 'tea listed on Map Book 70 Page 59 for both lots. (He is one of two trustees that own the Iand- NCBELS License C-3641 Ms.'Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 6 Response: Noted. 3. Forms: Please update the applicable forms for the three permits (SW8 960820, SW8 210311, and SW8 210312). This will be the transfer form and modification application form as discussed above. Please also submit deed restrictions, offsite supplements, O&M Agreements signed by the applicant. (This will be the lessee if you take the approach described above). Response: Per your correspondence with Mark Carter, Attorney, for SW8 960820, enclosed are two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), and the revised Deed Restrictions form. Also enclosed is the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust) and a copy of the Lease Agreement. There are no revised applications required for Lot 1 or Lot 2. 4. SW8 210313 (Lot 3): This permit application will be returned per your request in a separate letter. Response: We have received our copy of the Project Withdrawn Letter dated 10-08- 21. Enclosed for your continued review and approval are two (2) sets of revised plans for each permit number, two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), the revised Deed Restrictions form, the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust), a copy of the Lease Agreement, and one (1) CD (PDF of the complete submittal). Please let us know if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. I apL, T. Jason lark, P. E. TJC/asn 20055 10-25-21-s-sw-minor mod-response-itr(Barclay 1,Transfer&Lots 1-3) Enclosures NCBELS License C-3641 cTEN9 O f Johnson, Kelly From: Johnson, Kelly Sent: Monday, October 25, 2021 2:21 PM To: 'Amy Norris' Cc: Jason Clark Subject: RE: [External] Barclay& Barclay 2 (Lots 1 &2) Hi Amy, I will just change the date to tomorrow. I have you down for 10/26/21. Thanks, Kelly K.�I.I.I�Ohv►SOPL Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Monday,October 25,2021 1:52 PM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: [External] Barclay& Barclay 2(Lots 1&2) CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Hi Kelly. The Barclay response package (SW8 960820, SW8 210311 & SW8 210312) is due today. Do we need to hand deliver by 5 PM today pr would it be ok to overnight for mid-morning delivery to your attention? We can do whatever needs to be done. Also, when you receive the package, this has been such a confusing project, so if you see anything we left out by accident, would you please e-mail us so we can handle immediately & not have the package returned? Thank you, Amy Amy S. Norris '.:: Manager Aciminisiralive A85i5'2 NtIS & TUNSTALL —CONSULTING ENGINEERS PC.— 2602 lrcn Gate Dr., Suite 102, Wilmngton, NC 28412 1 910-343-9653 (Ext. 1) 1910-343-9604 (F) anorrisAntengineers.com www.ntengineers.com Hours: M-Th 8:00 AM —5:30 PM & Friday 8:00 AM —Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. in the preparation of such data. 2 ROY COOPER fiovErnar DIONNE DEL LI- "1"t .: Secretary BRIAN WRENN NORTH CARO I'NA Direttar InvironmeniadOttality October 8,2021 Via email only: hill(a,cameronco.com Dry Pond Partners,LLC Attn: Mr.Bruce B.Cameron,IV,Managing Member PO Box 3649 Wilmington,NC 28401 Mr. Bruce B. Cameron,IV,Trustee PO Box 3649 Wilmington,NC 28406 Subject: Request for Additional Information SW8 960820: Barclay Place SW3 120311: Barclay Place Phase 2 Lot 1 SW3 120312: Barclay Place Phase 2 Lot 2 New Hanover County Dear Mr. Cameron: The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and accepted a signed Permit Transfer Application Form for SW8 960820 on April 5,2021. There is also a modification pending following the transferred permit's issuance. We also received offsite applications for SW8 120311 and SW8 120312 on March 26.2021. SW8 120313(Lot 3)was also received that day,but it will be returned per your request as discussed below. All four permits had requests for additional information mailed on June 15,2021 and responses received on August 20,2021. The successor-owner of SW8 960820 has requested to transfer the permit without consent of the permit holder in accordance with 15A NCAC 02H.1045(1Xc)and G.S. 143-214.7(c5). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete,and that additional information is needed. Please provide the following documentation in a siagk,hard coon aacli ever 5la to complete the application: 1. Plan Sheets: a. 1996 Plan Sheets: Please provide a list of sheet numbers from 1996 that need to be brought forward with this mod. b. Sheets I-1.2 and D.A-1: i. SW8 960820: Sheet I-1 2 does not include Lot 1 Longstreet Place. Perhaps this is an older version? I believe that that lot is now intended to be part of the project area as shown on Sheet DA-1. Please include Lot 1 Longstreet Place in the project area, Also, mast of the bearing and distance lines for all Lots and the project area are shown between Sheets I-1.2 and DA-1. Please add the bearing and distance for Lot 1 Longstreet Place on its southwestern side to one of these sheets. ii. SW8 210311 &SW8 201312• Please make any necessary changes to these plans as well. c. Connecting 0ffsite Drainage: i. Lot 2: 1. SW8 960820: Sheet I-1 shows a 24"RCP with a pipe stubout to connect Lot 2 on one end and a grate with entrance invert elevation at 35A8ms1 to connect Lot 1. The pipe runs under the road and there is a grate at entrance invert elevation 34.59ms1 which connects to a 36in RCP which will carry water from these two lots to the pond. However,the stubout for Lot 2 does not appear to be inside Lot 2. (It appears to be just outside of the lot). PIease clarify the connection for Lot 2. North Carolina Department of£nvirantnental t alftc .diaision of Energy:Mineral and Land Resources Wthoington Regional Office ' 127 Cardinal Drive Evarnsion.! Wilmington.North Carodiria 28405 * �""`3 4i0.79b.7215 State Stormwater Permit No.SW8 960820,SW8 210311 &SW8 210312 Page 2 of 3 2. SW8 201312: Please make any necessary changes to these plans as well. ii. Lot 1 Longstreet Place, SW8 960820. Please show the piped connection between this lot and the pond. d. Natural features[15A NCAC 02H.1042(2)(g)(iii)]: Please provide the boundaries of all surface waters,wetlands,regulatory flood zones,protected vegetated setbacks,and protected riparian buffers,or a note on the plans that none exist.If a note is already provided on the plans,please provide a citation of where it can be located_ 2. Ownership and Lease: a. SW8 960820: i. Potential Path Forward: Please determine how you would like to set up the permittee. One potential path forward is as discussed in the October 5,2021,email with attorney Mark Carter. In summary,IG Wilmington will lease all the land other than Lot 1,Lot 2, and Lot 1 Longstreet Place. There are two owners for that leased land!Bruce B. Cameron IV.trustee,and Dry Pond Partners. If we issue the permit in that way,all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV,trustee and Dry Pond Partners will sign as the property owners. ii. Ownership Summary for the File; On July 8,2009,the fee title to the 39 acres(See Book 2533,Page 725 Tract B,plus some minor correction deeds)was owned as follows, "Bruce B.Cameron,as Trustee under that certain revocable trust agreement dated October 1, 1992,a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry."At the same time,IG Wilmington,LLC held and continues to hold a leasehold estate(a long-term lease)in approximately 26.24 acres of the property covered by the permit including the pond.(This is now Parcel ID R06117- 011-019-000). Bruce B. Cameron,the trustee, died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron,IV became the successor trustees otttie trust. (There is a Certification of Trust recorded in Book 5849,Page 569). The original trust is still in existence,only the trustee(s)have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners,LLC(Lot 1 Longstreet Place)which is related to the trust. But the area that has been added to the tract is not the pond. b. SW8 210311 (Lot 1)& SW8 201312(Lot 2): i. Signatures: The signatures will work the same way as discussed above in Section III of the modification application. (There will be a lessee signature and two owner signatures on both the transfer application and the modification application You can add additional sheets if necessary.) ii. Ownership Summary for the File: Lots 1 and 2 were part of the original 39 acres discussed above. Bruce Cameron,IV is listed on Map Book 70 Page 59 for both lots. (He is one of two trustees that own the land.) 3. Forms: Please update the applicable forms for the three permits(SW8 960820, SW8 210311,and SW8 201312). This will be the transfer form and modification application form as discussed above. Please also submit deed restrictions,offsite supplements,O&M Agreements signed by the applicant. (This will be the lessee if you take the approach described above.) 4. SW8 210313 (Lot 3): This permit application will be returned per your request in a separate letter. All the requested information listed above should be received in this Office by October 25,2021,or the application will be returned as incomplete. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. lithe project is returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the application fee. �. - ,.. North+' robna Department.of Envh-onmental Qualitp I Division of£nagv Mere!and Laced Resources Wilmington Regional Office 127 Cardinal Drive Evter.sion.!Welminoon,North Carolina 2$4f15 4 0auiwrtrar cit0.796.735 State Stonnwater Permit No. SW8 960820,SW8 210311 &SW8 210312 Page 3 of 3 Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the project,it is determined that a major modification to the permit is required to resolve the compliance issues,the transfer application will be returned as incomplete.Upon the issuance of the modified permit,and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition,the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter-,please feel free to call me at(910)796-7215 or email me at kelly.pjohnson@ncdenr.gov. Sincerely, Kelly Johnson Environmental Engineer DES/kpj: \\\Stormwater\Permits&Projects\1996\960820 HD12021 06 addinfo CEI addinfo 960820 \\\Stormwater\Permits&Projects\2021\210311 Offsite\2021 06 addinfo 210311 \\\Stormwater\Permits&Projects1202I\210312 Offsite\2021 06 addinfo 210312 cc- Mr.Jason Clark,PE;via email.jclark�c ntenginecrs.corn Bruce Cameron;via email; bcumeroniv@careronco corn *IRO Stormwater Permit File ?�larth Oiroiina Departrncut, Env rtmmer l e ;ality i Divii3iwan cof.F_nergy,,Mirtrrai and LAT2161r-sou�c.1th DE W 1mirgtan RzgiOnat Office 27 C l nai Drive Extension I'Wlmington North Carokna 28405 ii1R014+141,1 s /le.4 v1O.706.72 Johnson, Kelly From: Johnson, Kelly Sent Friday, October 8, 2021 10:41 AM To: Jason Clark(jclark@ntengineers.com) Cc: Amy Norris (anorris@ntengineers.com); Hill Rogers; 'Mark Cater' Subject: RE: [External] Barclay Place/ Barclay Place Phase 2 - Lots 1, 2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 10 addinfo 960820.pdf Jason, The request for additional information is attached. I have incorporated the email discussions from earlier this week. Thanks, Kelly K.eLLU Ksow Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent:Tuesday,October 5,2021 3:50 PM To: Mark Carter<carter28409@yahoo.com> Cc:Jason Clark(jclark@ntengineers.com)<jclark@ntengineers.com>;Amy Norris(anorris@ntengineers.com) <a n o rri s @ me ngi nee rs.co m> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2 &3-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Hi Mark, Thanks for talking today. As we discussed, I wanted to send a quick email to document what we think will be a path forward if your client agrees. IG Wilmington will lease all of the land other than Lot 1, Lot 2 and Lot 1 Longstreet Place. There are two owners for that leased land; Bruce B. Cameron IV,trustee and Dry Pond Partners. If we issue the permit in that way, all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV,trustee and Dry Pond Partners will sign as the property owners. This would work the same way in Section III of the modification application. Please let me know if this is the preferred path forward. Thanks, Kelly 1 r.r Johnson, Kelly \ YOn From: Amy Norris <anorris@ntengineers.com> Sent: Tuesday, October 5, 2021 10:50 AM To: Johnson, Kelly Cc: Jason Clark Subject: [External] SW8 960820 Barclay Place Mod (N&T#20055) Attachments: 20055 08-19-21-s-sw-minor mod-response-ltr(Barclay 1 &Transfer).pdf; Rev. Pg 3 of 6 S SW App (Onsite Parking Error) - 10-05-21.pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Kelly, We submitted a Response Package to you on 08-19-21 (1st attachment). We discovered yesterday that I had transposed the#for"On-Site Parking (SF)" on Page 3 of 6 of the State SW App. The 2nd attachment is the corrected Page 3 of 6 with the incorrect#crossed out &the correct# handwritten in. This unintentional error did not affect the Total (SF)#. Please replace this page in the resubmittal package you received on 08-20-21. Thanks, Amy Amy S. Norris Office Manager/ Executive Administrative Assistant NORRIS TUNSTALL , —CONSULTING ENGINEERS P.C.— 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1 910-343-9604 (F) anorris( ntenoineers.com www.ntengineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM—Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc.makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc.in the preparation of such data. 1 SCANNED 1 IG WILMINGTON,LLC CONSENT RESOLUTIONS As of this /8 Tti day of October, 2021, the uiid irsignccl, being all the Managers of IC WILMINGTON, LLC, a North Carolina limited liability company ("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone,l be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver fctr and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may (leen necessary, appropriate or advisable in connection with and regarding Barclay Place(being generally liocated in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulc+rcl, Wilmington, NC), including but not limited to all applications,renewals, transfers, modifications,and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot I —SW8 120311 Barclay Place PH2,Lot 2—SW8 120312 Barclay Place PH2,Lot 3—SW8 120313 • 2. The Managers further approve and ratify,any and all,ppior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts,eacll of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto 1xecuted this Consent, effective as of the date set forth above, i 1N,;I iti C /41-1—...., . Scott C.Sullivan(also known as Scott Christci tier Sullivan),Manager , p ) g ..4.-- 4 4"=141---------.11 . Bruedi B.Camerhn,•IV,Manager i BECEIVE OCT 0 5 2021 BY: • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name IG WILMINGTON, LLC Information Sosld: 0414974 Status: Current-Active 0 Date Formed: 1/8/1997 Citizenship: Domestic Annual. Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Satisky, Howard Addresses Mailing Principal Office 11824 Fishing Point Dr 11824 Fishing Point Dr Newport News, VA 23606-2679 Newport News, VA 23606-2679 R Reg Office Reg Mailing 415 Hillsborough Street Ste 201 415 Hillsborough Street Ste 201 Raleigh, NC 27603-1727 Raleigh, NC 27603-1727 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Scott C Sullivan 1201 Glen Meade Rd Wilmington NC 28401 t CA202112501453 SOSID:0414974 Date Filed:5/5/2021 Elaine F.Marshall f i -4 LIMITED LIABILITY COMPANY ANNUAL REPORT North Carolina Secretary of State -.., CA2021 125 01453 swum NAME OF LIMITED LIABILITY COMPANY: 1G WILMINGTON, LLC SECRETARY OF STATE ID NUMBER: 0414974 NC y STATE OF FORMATION: REPORT FOR THE CALENDAR YEAR: 2021 D-y.D SECTION A:REGISTERED AGENT'S INFORMATION 0• Changes 1 1.NAME OF REGISTERED AGENT: Howard Satisky F i 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS Ilk 415 Hillsborough Street Ste 201 415 Hillsborough Street Ste 201 • Raleigh,NC 27603-1727 Wake' Raleigh,NC 27603-1727 Wake SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Own, develope and manage re ',estate 2.PRINCIPAL OFFICE PHONE NUMBER: (757)245-1541 3.PRINCIPAL OFFICE EMA Privacy Redaction I 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL,OFFICE MAILING ADDRESS, .. .. . ®.ti• r.'..x o Ca7 . 11824 Fishing Point Dr 11824 Fishing Point Dr Newport News,VA 23606-2679 Newport News City Newport News,VA 23606-2679-Newport News City • 6.Select one of the following if applicable.(Optional see instructions) The company is a veteran-owned small business k ❑ The company is a service-disabled veteran-owned small business 1 SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) I NAME: SCOtt C Sullivan NAME: NAME: 1 TITLE: Manager TITLE: TITLE: I ADDRESS: ADDRESS: ADDRESS: 1201 Glen Meade Rd . Wilmington,NC 28401 New Hanover SECTION D:CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a personlbusiness entity. . • A li 6 41),i I 'La 2 r t • SIGNATURE I DATE Form must be signed by a Company �Of Official listed under Sectionr Col This form. oS U. C sr (I/ VIVA i" at lA 4 e✓ 1 tI Print or Type Name of Company Official Print oritype Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27628.0525 DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned,being all the Managers of DRY POND PARTNERS,LLC, a North Carolina limited liability company("Company"),do hereby adopt,consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources ail documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications,renewals,transfers,modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 SW8 210311 Barclay Place PH2,Lot 2 SW8 210312 2. The Managers further approve and ratify,any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. Scott Christopher Sullivan,Manager 411.51...vi{- Bruce B.Cameron,IV,Manager J 1 DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned,being all the Managers of DRY POND PARTNERS,LLC, a North Carolina limited liability company("Company"),do hereby adopt,consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington,NC), including but not limited to all applications,renewals,transfers,modifications,and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1—SW8 210311 Barclay Place PH2,Lot 2—SW8 210312 2. The Managers further approve and ratify,any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. * C ,n/L, A/A/(,. Scott Christopher Sullivan,Manager Bruce B.Cameron,IV,Manager �rp I', • File an Annual Report/Amend an Annual Report - Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Dry Pond Partners, LLC Information Sosld: 1387928 Status: Current-Active O I Date Formed: 7/1/2014 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Sullivan, Scott Christopher Addresses Principal Office Reg Office Reg Mailing 1201 Glen Meade Road 1201 Glen Meade Road P.O. Box 3649 Wilmington, NC 28401 Wilmington, NC 28401 Wilmington, NC 28406 Mailing P.O. Box 3649 Wilmington, NC 28406 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Member Member Bruce B Cameron , IV Jane C Sullivan Trust 4/3/13 Rachel Cameron Trust 4/3/13 P.O. Box 3649 P.O. Box 3649 P.O. Box 3649 Wilmington NC 28406 Wilmington NC 28406 Wilmington NC 28406 SOSID: 1387928 Date Filed:3/24/2021 Elaine F.Marshall •4`►1a LIMITED LIABILITY COMPANY ANNUAL F North Carolina Secretary of State • 1012017 CA2021 083 02515 NAME OF LIMITED LIABILITY COMPANY: Dry Pond Partners, LLC Filing to se y SECRETARY OF STATE ID NUMBER: 1387928 STATE OF FORMATION: NC • REPORT FOR THE CALENDAR YEAR: 2021 ❑ ❑ 140.0 ,1 SECTION A:REGISTERED AGENT'S INFORMATION EIChanga s 1. NAME OF REGISTERED AGENT: Scott Christopher Sullivan 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 1201 Glen Meade Road P.O.Box 3649 Wilmington,NC 28401 New Hanover Wilmington,NC 28406 New Hanover SECTION B:pRIN IPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holding 2.PRINCIPAL OFFICE PHONE NUMBER: (910)762-2676 3.PRINCIPAL OFFICE EMA Privacy Redaction 4.PRINCIPAL OFFICE STREET, ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS - ' 'O'w.O 1201 Glen Meade Road P.O.Box 3649 Wilmington,NC 28401 New Hanover Wilmington,NC 28406 New Hanover 6. Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME:'Bruce B•Cameron , IV '.NAME: Jane C Sullivan-Trust 4/3/13 NAME: Rachel Cameron Trust 4/3/13 TITLE: Managing Member TITLE: Member TITLE: Member ADDRESS: ADDRESS: ADDRESS: P.O.Box 3649 .., - P.O.Box 3649 P.O.Box 3649 Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover SECTION •CERTIFICAT N OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity. .fir —1 1- \ . . SIGNATURE nATF Form must be signed , ed�by a Company Official listed under Section C of This form. e, , Print or Type Name of Company Official Print or Type Thugol Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 6 STA?E OF NO-RTH CAROLINA DELEGATION OF CO-TRUSTEE POWERS COUNTY OF NRW HANOVER THIS DELEGATION OF CO-TRUSTEES'POWERS is made pursuant to the provisions of the revocable trust agreement dated October 1, 1992,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee(hereinafter called the"Bruce B.Cameron Revocable Trust,dated October 1, 1992,as amended and restated"or the"Trust"). Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV,are the only currently acting Trustees or Co-Trustees of the Trust. There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. Delegation of Powers. Bywritten signedbyactingmay ga agreement all of the then Co-Trustees,the Co-Trustees provide that any one or more or all of the powers and authorities granted to the Co-Trustees hereunder and by law may be exercised by any designated Co-Trustee. No court approval shall be required to any such agreement,and such agreement need not be filed with any court. The Co-Trustees hereby delegate to Bruce B.Cameron.IV as Co-Trustee,and to Scott C.Sullivan,as Co-Trustee (either of which may act atone without the joinder of the other Co-Trustee)the power and authority to work with the NC Division of Energy,Mineral and Land Resources on behalf of the Trust regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard,Wilmington,NC) and to execute on behalf of the Trust,any and all documents,including but not limited to all applications,renewals, transfers,modifications,and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 210311 Barclay Place PH2,Lot 2—SW8 210312 The Co-Trustees further approve and ratify,any and all,prior documents executed by any one of the Co-Trustees on behalf of the Trust. IN WITNESS WHEREOF,Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron, IV,as Co-Trustees of the Trust,have hereunto set their hands and seals,this the day of August,2021. (SEAL) Scott C.Sullivan(also known as Scott Christopher Sullivan),Co-Trustee (SEAL) Bruce B.Cameron,IV,Co-Trustee 1 STATE OF NORTH CAROLINA DELEGATION OF CO-TRUSTEE POWERS COUNTY OF NEW HANOVER THIS DELEGATION OF CO-TRUSTEES'POWERS is made pursuant to the provisions of the revocable trust agreement dated October 1, 1992,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and Bruce B. Cameron,Trustee(hereinafter called the"Bruce B.Cameron Revocable Trust,dated October 1, 1992,as amended and restated"or the"Trust"). Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV,are the only currently acting Trustees or Co-Trustees of the Trust. There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co-Trustees hereunder and by law may be exercised by any designated Co-Trustee. No court approval shall be required to any such agreement,and such agreement need not be filed with any court. The Co-Trustees hereby delegate to Bruce B.Cameron,IV as Co-Trustee,and to Scott C.Sullivan,as Co-Trustee (either of which may act alone without the joinder of the other Co-Trustee)the power and authority to work with the NC Division of Energy,Mineral and Land Resources on behalf of the Trust regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard,Wilmington,NC) and to execute on behalf of the Trust,any and all documents,including but not limited to all applications,renewals, transfers,modifications,and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot I —SW8 210311 Barclay PIace PH2,Lot 2—SW8 210312 The Co-Trustees further approve and ratify,any and all,prior documents executed by any one of the Co-Trustees on behalf of the Trust. IN WITNESS WHEREOF,Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron, IV,as Co-Trustees of the Trust,have hereunto set their hands and seals,this the day of August,2021. (SEAL) Scott C.Sullivan(also known as Scott Christopher Sullivan),Co-Trustee -1)4, 43, Copvi,„1, (SEAL) Bruce B.Cameron,IV,Co-Trustee STRATION REGISTER NIII I 1111111111111111111 FOR NEW HRNOVVFR COUNTY NC UF DEEDS 2a�aers�e1 2014 NOV 04 01 41 52 PM BK 5849 PG 569-572 FEE $26 00 INSTRUMENT 4 2014429561 STATE OF NORTH CAROLINA CERTIFICATION OF TRUST COUNTY OF NEW HANOVER THIS CERTIFICATION OF TRUST is made in lieu of the recordation and provision of the trust instrument,as amended and restated,pursuant to N.C.Gen.Stat.Sec.36C-10-1013. 1. Trust. The trust certified hereby is the trust created by a revocable trust agreement dated October 1, 1992,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee(ham called the" rust"). 2. Settlor. Bruce B.Cameron is the settler of the Trust. 3. Trustee. The currently acting Co-Trustees of the Trust are Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV. The street address of the currently acting Co-Trustees is 1201 Glen Meade Road,Wilmington,North Carolina 28401. The mailing address of the currently acting Co-Trustees is P.O.Box 3649,Wilmington,North Carolina 28406. 4. Powers. The powers of the Co-Trustees,as stated in the trust agreement,as amended and restated, include,but are not limited to,the powers enumerated in North Carolina General Statutes Section 32-27(subject to General Statutes Section 32-26),and the powers enumerated in North Carolina General Statutes Section 36C- 8-815(a)(2)(which includes all of the powers set forth in Section 36C-8-816)which are incorporated in the trust agreement,as amended and restated,by reference and granted to the Co-Trustees. There is nothing in the trust agreement,as amended and restated,which restricts the above powers granted to the Co-Trustees. 5. Revocability. The Trust is irrevocable. The only person who held a power to revoke the Trust was the settler,Bruce B. Cameron,who is now deceased. 6. Co-Trustees. Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron, 1V,are the only currently acting Trustees or Co Trustees of the Trust There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. 1 •h m .. kC I Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co- Trustees hereunder and by law may be exercised by any designated Co-Trustee No court approval shall be required to any such agreement,and such agreement need not be filed with any court. 7. Taxpayer Identification Number. The taxpayer identification number of the Trust is 56-6415549. 8. Title to Trust Property. The title to the Trust property shall be held by Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,N,Co-Trustees,and their successors in trust, under the Bruce B.Cameron Revocable Trust,dated October 1, 1992,as amended and restated,or in any other fashion to show the Trust as bemg the owner of the assets held by the Trust. 9. Status The Trust has not been revoked,modified,or amended in any manner that would cause the representations in this certification of trust to be incorrect, 10 Governing Law. The Trust is governed by the laws of the State of North Carolina, IN WITNESS WHEREOF',Scott C. Sullivan(also known as Scott Christopher Sullivan)awl Bruce B. Cameron,IV,as Co-Trustees of the Trust,have hereunto set their hands and seals,this the 2.2il—day of October,2014 (SEAL) Scott C.Sullivan(also known as Scott Christopher Sullivan), Co-Trustee (SEAL) Bruce B Cameron,N,Co-Trustee 2 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SIA56?..,\77• � D ri ,a Notary Public of ter^ County. North Carolina,certify that SCOTT C.SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of October,201 otary Public . J15��n v E Printed Name of Notary Public ��P rOy My commission expires: 5 3t) } NOTARY a PUBLIC � y• STATE OF NORTH CAROLINA1\y(4FR c011� COUNTY OF NEW HANOVER I, _JIJl.5Qy j. 1 1 ij Yi a Notary Public of ! � County, North Carolina,certify that Bruce B.Cameron,N,Co Trustee,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal thisZ y of October,20114.'-�- Notary Publi 0,0,110.4740, co 0 Printed Name of Notary Public co� } NOTARY My commission expires -� ' / PUBLIC v y44. RCdU r, ikiiimmoso I �0l' • (01"01, ,Q :,A, 'n- S 1.11 li ,FiTr4RI?WED TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 11/04/2014 01:41:52 PM Book: RE 5849 Page: 569-572 Document No.: 2014029561 4 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014029561 * x 2014029561 i SCANNED /US< STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS Lease, made and entered into as of the 1st day of ' December, 1996, by and between BRUCE B. CAMERON, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum of which is recorded in Book 1645, Page 1032 of the New Hanover County Registry (hereinafter called "Lessor"), and IG WILMINGTON, L.L.C., a North Carolina limited liability company with its principal office and place of business in Wake County, North Carolina, (hereinafter called "Lessee"); WITNESSET H: 1. Demise of Premises. Lessor leases unto Lessee the premises (hereinafter called "Premises") located in New Hanover County, North Carolina, and more particularly described on "Exhibit A" attached hereto, which exhibit is incorporated herein as if fully set out. Lessor and Lessee understand and agree that the Premises consists of the land only. 7. TTcc of Premises. The Premises may be used for any lawful purpose. 3. Term. The term of this Lease (hereinafter called the "Term") shall be for a period of thirty (30) years to commence on the 1st day of December, 1996. As used herein, the term "Lease Year" shall mean the twelve-month period beginning on said Term Commencement Date (or its anniversary) and ending on the day before said Term C iiineficement Date (or its anniversary). 4. Rentals. The Lessee shall pay rentals to Lessor in the sum of One Thousand and no/100 ($1,000.00) Dollars for the period of time beginning December 1, 1996, ending when the improvements to be constructed on the Premises by the Lessee are completed, or on June 1, 1998, whichever occurs first (which period of time is hereinafter referred to as the "Construction Phase"). Commencing on the expiration of the Construction Phase, and continuing throughout the term of this Lease, the Lessee shall pay rentals ' to the Lessor in the sum of One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars per Lease Year, payable in monthly 1 RECEIVE rental installments of Ten Thousand and no/100 Dollars each, all such monthly rental installments to be due and payable in advance on the first day of each calendar month. If the above rent of One Hundred Twenty Thousand and no/100 ($120,000.00) Dollars per Lease Year begins or ends on a day other than the first day of a calendar month, the said rental for the first and last months shall be prorated on a daily basis. 5. Acceptance of Premises. Lessee acknowledges that the act of taking possession of the Premises shall constitute conclusive evidence that Lessee inspected and examined the entire Premises and accepted the same. 6. Assignment, Subletting or Subordination. Lessee shall have the right to assign this Lease or to sublet the Premises in whole or in part, without the prior written consent of Lessor. Except•as provided in paragraph 35, below, this Lease shall not be subrogated or made subject to any mortgage, deed of trust or other lien, without the prior written consent of Lessor. 7. Compliance with Legal Requirements. Lessee snail comply • with all legal-requirements of any governmental or quasi— governmental body including City, County, State or Federal boards having jurisdiction thereof, respecting any operation conducted or any equipment, installations or other property placed upon, in or about the Premises. Lessee shall neither create nor permit the creation of nuisance upon, in•or about the Premises, and Lessee shall not make any'Off'&nsive use thereof. 8. Taxes and Assessments. Lessee shall list for taxes and pay, or make arrangements for the listing and payment of, all tax assessments of whatever kind or nature assessed against the • Premises and the building and other improvements constructed on the Premises by the Lessee, and on any furnishings, fixtures, inventory, equipment,, leasehold improvements and other property situated or placed upon, in or about the Premises. 9. Utilities. Lessor shall not be in any way obligated or responsible for the furnishing of any utility services to or for the Premises. Lessee shall provide and pay for, or arrange for 2 the provision and payment for, all electricity, gas, water, sewer, heat and other utilities consumed or used on the Premises. The lack of availability of or failure of utility services shall not be deemed constructive eviction. 10. Construction, Additions. Alteration. Changes and. Improvements. a. Lessee will construct an apartment complex on the Premises. The site location and plans for the building and all improvements to be constructed by Lessee shall be approved by Lessor in writing. All improvements constructed by the Lessee upon the Premises shall become the property of Lessor at the k termination of this Lease. b. After said building to be constructed by Lessee is completed, Lessee may not make any changes or improvements, structural or otherwise, in or to the Premises or in or to any improvements in or on the Premises, without Lessor's prior written consent. All such construction, alterations, changes and improvements shall be promptly made in a workmanlike manner, be promptly paid for allowing no liens to attach either to the • Premises or to Lessee's interest therein and shall become the property of Lessor at the termination of this Lease. c. After completion of the construction of the said improvements to be constructed by the Lessee, the Lessee shall maintain, or cause to be maintained, with companies reasonably acceptable to Less ,. 'All risk, fire and extended coverage insurance, rental loss insurance, general liability insurance with a limit of $1,000,000.00 for injury to persons arising out of one occurrence, a limit of $1,000,000.00 for damage to • property arising out of one occurrence, and a $4,000,000.00 umbrella limit for injury to person or property. • d. The Lessee shall not make, or permit to be made, any change or cancellation in the foregoing insurance coverage without Lessor's prior written approval. Lessor shall be furnished with a certificate of such insursnce coverage. 0 3 11. Repairs. Lessee shall at Lessee's own expense keep and maintain, or arrange for the keeping and maintenance of, the entire Premises and all improvements constructed thereon and all parts and systems thereof, including for the purpose of illustration (to the extent that the enumerated items exist on the Premises) and not as a'limitation, all buildings, improvements, windows, plate glass, doors, sidewalks, utility installations and equipment, in good maintenance, replacement and repair, and properly painted and decorated. All repairs shall be performed in a prompt, workmanlike manner, shall be promptly paid for and no liens shall be allowed to attach either to the Premises or Lessee's interest therein. 12. Safe and Sanitary Conditions. Lessee shall not permit, allow or cause any act or deed to be performed upon, in or about the Premises which shall cause or be likely to cause injury to any person or to the Premises, the building or improvements located thereon, or to any adjoining property. Lessee shall at all tileb keep, or arrange for the keeping of, the Premises in a neat and orderly condition and keep, or arrange for the keeping of, the Premises and the entryways, sidewalks and delivery areas (if any) adjoining the Premises, clean and free from rubbish, dirt, snow, standing water and ice. 13. Trade Fixtures. Lessee may install, or allow the installation of, trade fixtures on the Premises. In addition, Lessee may remove,16r grange for the removal of, said trade fixtures from the Premises upon the termination of this Lease. This provision is not intended to allow Lessee to remove approved improvements made by Lessee to the Premises. All such improvements belong to Lessor at the termination hereof and shall not be removed nor damaged by the removal of trade fixtures. If Lessee does not remove or cause the removal of the trade fixtures at termination, Lessor shall have the option either to declare such fixtures abandoned and Lessor the owner thereof or to demand that Lessee remove samc at Lessee's expense. 4. 14. Lessor Not Liable for Damages or Injuries. Lessor shall not be responsible to Lessee or to any other person, firm, • partnership, association or corporation for damages or injuries by virtue of or arising out of bursted water pipes, leaks from sprinkler or air conditioning systems, leaks from the roof, or by virtue of earthquakes, riots, windstorms, overflow of water from surface drainage, rains, water, fire or by the elements or Acts of God, or by the neglect of any person, firm, partnership, association or corporation, unless the same shall be caused in whole or in part by some failure of Lessor to abide by the provisions of this Lease or to act reasonably and prudently under the circumstances. 15. Indemnification. Lessee covenants to indemnify and hold Lessor harmless from the claims of any and all persons, firms, partnerships, associations and corporations for personal injury or damage to property or both arising out of or in connection with Lessee's use, subleasing and/or occupancy of the Premises. 16. fire of Casualty. If the building or improvements on the Premises shall be damaged or destroyed by fire or other casualty, Lessee shall, as soon as reasonably possible, repair and reconstruct, or arrange for the repair and reconstruction of, said building and improvements so as to place them in substantially the same condition as existed immediately prior to such damage or destruction. During such time as said repairs or reconstruction are teiiig made, the rentals hereinabove provided shall abate, provided however, that such abatement shall not exceed fifty (50%) of the rental hereinabove specified, and the Lessee shall continue to pay the unabated portion of said rental during such repair and reconstruction. 17. Waiver of Subrogation. Neither Lessee nor anyone claiming by, through under or in Lessee's behalf shall have any claim, right of action or right of subrogation against the Lessor ' for or based upon any loss or damage caused by fire, explosion or other casualty (not limited to the foregoing) relating to the Premises or to any property upon, in, or about the Premises, 5 whether such fire, explosion or other casualty shall arise from the negligence of Lessor, its agents, representatives or employees, or otherwise. 18. Condemnation. If the entire Premises are taken or condemned for a public or quasi-public use (or any transfer is made under threat of condemnation), then this Lease shall terminate at the later of the vesting of title in the condemning authority or the acquisition of possession thereby. Rent shall be pp apportioned as of that date and Lessee shall not be entitled to IF any portion of the award attributable to the Premises. The Lessee shall be entitled to all condemnation proceeds attributable to the use of the building and improvements constructed on the Premises by the Lessee for the remainder of the lease term and any unexercised option(s) to renew, and the Lessor shall be entitled to the remainder of the proceeds. If any part of the Premises shall be taken or condemned for a public.or quasi-public use (or any transfer is made under threat of condemnation) and a part Lhereof remains which is reasonably suitable for the Lessee's use, this Lease shall not terminate, but the rentals payable by the Lessee shall be adjusted so that the Lessee shall be required to pay, for the remainder of the Term, rentals equitably reduced by the reduction in size of the Premises. The aforesaid partial condemnation shall be without prejudice to the rights of either Lessor or Lessee to directly recover compensation fromAe 'condemning authority for any of its loss or damage caused by such condemnation. 19. Inspection. Lessor shall have the right at all reasonable times to enter and inspect the Premises. 20. Condition of Premises Upon Termination. Upon the termination of this Lease, Lessee shall return the Premises to Lessor, together with the building and improvements constructed thereon by Lessee and/or its sublessees, in good order, repair, and condition, ordinary wear and tear, and damage by act of God or by fire excepted. 6 21. Holding Over. In the event Lessee remains in possession after the expiration of this Lease without the execution of a new lease, Lessee shall not acquire any right, title or interest in or to the Premises. In such event, Lessee shall occupy the Premises as a tenant from month-to-month and shall otherwise be subject to ail of the conditions, provisions and obligations of this Lease insofar as the same shall be applicable_ 22. Default. a. Any one or all of the following events shall constitute an Event of Default: i. if Lessee files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act or voluntarily takes advantage of any such act or makes an assignment for the benefit of creditors; • ii. if involuntary proceedings under any bankruptcy law, insolvency or receivership action shall be instituted against Lessee, or if a receiver or trustee shall be appointed for all of substantially all of the property of Lessee and such proceedings are not dismissed, or the receivership or trusteeship vacated, within 10 days after the institution or appointment; iii. if Lessee fails to pay any sum due from it in strict accordance with the provision of this Lease, and does not make the payment within 5 days after written notice thereof. For the purposes hereof, all sums due from Lessee shall constitute rentals whether denai?rtated as rentals or otherwise elsewhere herein; iv. if Lessee fails to fully perform and comply with each and every condition and covenant of this Lease, and such failure of performance continues for a period of 10 days after such notice; v. if the interest of Lessee is transferred, levied upon or assigned to any person, firm or corporation whether voluntary or involuntary except as herein permitted; 7 b. Upon the occurrence of any Event of Default as set forth above, Lessor shall have the right,.at its option, to utilize any one or more of the following rights: i. to cancel and terminate this Lease and all interest of the Lessee hereunder by giving notice of such cancellation and termination not less than 10 days prior to the effective date of such termination. Upon the expiration of said 10 day xp period, the Lessee shall not have any further rights under this Lease (but such cancellation shall not serve to release or discharge the damages Lessee owes to Lessor); and/or ii. to make any payment required of Lessee herein or correct any condition required to be corrected by Lessee, and Lessor shall have the right to enter the Premises for the purpose of correcting any such condition and to remain on the Premises until the complete correction of such condition. However, no expenditure by Lessor on behalf of Lessee shall be deemed to waive or release Lessee's breach hereof and Lessor shall retain all rights to proceed against Lessee as set forth herein; and/or iii. ' to reenter the Premises immediately with or without order of court and without being guilty of trespass, remove the property and personnel of Lessee and store such property in a public warehouse or such other location selected by Lessor, all at the expense of Lessee. After such reentry, Lessor shall have the right to terminate this Lease by giving 10 days notice of termination o Lessee, but without such notice, the reentry by Lessor shall not terminate this Lease. On termination, Lessor may recover from Lessee all damages resulting from Lessee's breach, including the cost of recovery of the Premises and placing them in satisfactory condition, the value of the balance of this Lease over the reasonable rental value of the Premises for the remainder of the Term, all of which sums shall be immediately payable to Lessor from Lessee; and/or iv. to relet the Premises and the building and improvements constructed thereon by the Lessee, or any part thereof for any term, with or without terminating the Lease, and 8 6 at such rentals and on such other terms as Lessor may elect including the right to grant free rental, and to alter and repair the Premises as Lessor deems necessary. Should Lessor relet the Premises and the building and improvements constructed thereon by the Lessee, Lessee shall pay all expenses of reletting including brokers' or finders' fee and such reasonable attorneys' fees as Lessor may incur. Lessor shall apply the rent received from reletting in the following order: (1) to expenses of reletting; (2) to sums due from Lessee other than sums denominated in Section 22.a.iii, above as rentals, and (3) to sums denominated as rentals in Section 22.a.iii, above, previously due and (4) to sums which were to become due in the future; and/or v. all other rights and remedies provide by law to a Lessor with a defaulting Lessee including all such money damages as Lessor shall be entitled pursuant to the law of damages. c. In the event of any conflict between any of the provisions of this Lease regarding the amount of time that must elapse after notice before the same constitutes an Event of Default whereby Lessor may exercise its right pursuant to Section 22.b, then the provisions establishing the least amount of time after notice shall prevail. d. Upon any breach hereof, regardless of whether such breach is, or becomes, an Event of Default, Lessor shall be reimbursed by Lessee for any attorney's fees incurred by Lessor in connection with sal-breach. 23. Waiver. No failure by Lessor to exercise any rights hereunder to which it may be entitled shall be deemed a waiver of Lessor's right to subsequently exercise the same. Lessee shall gain no .rights nor become vested with any power to remain in default under the terms hereof by virtue of Lessor's failure to timely assert its rights. No acceleration of rentals, regardless of how long after occurring, which Lessor chooses to ignore by thereafter accepting rental or other performance by Lessee shall constitute a waiver of the right to thereafter accelerate rentals. - 4 P 24. Law Applicable. This Lease is entered into in North Carlina and shall be construed under the laws, statutes and ordinances of such jurisdiction. 25. Severability. The provisions hereof are independent covenants and should any provision or provisions contained in this Lease be declared by a court or other tribunal of competent jurisdiction to be void, unenforceable or illegal, then such provision or provisions shall be severable and the remaining provisions hereof shall remain at Lessor's option in full force and effect. 26. Easements, Restrictions and Right of Way. The Premises are demised subject to all easements, restrictions and rights of way legally affecting the Premises. 27. Binding Effect and Complete Terms. The terms, covenants, conditions and agreements herein contained shall be binding upon and inure to the benefit of and shall be enforceable by Lessor and Lessee and by their respective heirs, successors and assigns. All negotiations and agreements of Lessor and Lessee are merged herein. No modification hereof or other purported agreement of the parties shall be enforceable unless the same is in writing and signed by the Lessor and Lessee. 28. Notices and Written Consents. All notices and written consents required under this Lease shall be in writing and shall only be deemed properly served when mailed by certified United States mail, postage prepaid, return receipt requested, addressed to the party to whom directed at the following address or at such other address as may be from time to time designated in writing: To Lessor: Bruce B. Cameron, Trustee P. O. Box 3649 Wilmington, N. C. 28402 To Lessee: Notices shall be deemed received as of the date of mailing, when mailed in accordance with this Section. 29- Lessor's Performance of Lessee's Covenants. Should Lessee, after seven days' notice from the Lessor, fail to do any 10 of the things required to be done by it under the provisions of this Lease, Lessor, in addition to any and all other rights and remedies, may (but shall not be required to) do the same or cause the same to be done, and the reasonable amount of any money expended by Lessor in connection therewith shall constitute additional rental due from Lessee to Lessor and shall be payable as rental on the date for payment of rentals immediately following such expenditure. 30. Recording: This Lease shall not be recorded but a memorandum hereof, at the option of the Lessee, shall be executed and acknowledged by Lessor and Lessee and recorded in the office 1 of the Register of Deeds of New Hanover County. 31. Covenant of Title and Ouiet Enjoyment. Lessor covenants and warrants to Lessee that Lessor has full right and lawful authority to enter into this Lease for the term hereof and that provided Lessee is not in default hereunder, Lessee's quiet and peaceable enjoyment of the Premises shall not be disturbed by anyone claiming through Lessor. 32. Sale of Premises. Should Lessor sell., convey or otherwise transfer its interest in the Premises, Lessee shall thereafter look only to the new owner for any subsequent performance due hereunder by the Lessor. 33. Interest. Any sums due to be paid by Lessee to or for the benefit of Lessor which are not paid when due shall bear interest from the 'ke `date to the date of payment at the highest rate allowed by law or if no such rate is numerically defined then at the rate of twelve percent (12%) per annum. 34. Construction. This Lease shall not be construed more strictly against either party regardless of which party is responsible for the preparation of the same. 35. Leasehold Financing. Lessee shall have the right to mortgage its interest in this Lease and all improvements and property constructed, installed, or attached to the Premises by or behalf of the Lessee, or to assign its interest in this Lease, and such improvements and property, as collateral security to a 11 lender, upon the conditions set forth in this paragraph. All rights acquired by the lender under such mortgage or assignment shall be subject to all of the covenants, conditions, and restrictions set forth in this Lease, and to all rights of Lessor under this Lease, none of which is or shall be waived by Lessor, except as expressly provided in this paragraph. If Lessee mortgages all or part of its interest in this Lease, and•if the holder of such mortgage, within thirty (30) days after its execution, delivers to Lessor a true copy thereof together with written notice specifying the name and.address of the mortgagee and the pertinent recording data with respect to such mortgage, Lessor agrees that so long as the leasehold mortgage remains unsatisfied of record or until written notice of satisfaction is given by the holder to Lessor, the following provisions shall apply:. a. Mortgagee Consent. There shall be no cancellation, surrender or modification of this Lease by joint action of Lessor and Lessee without the prior written consent of the leasehold"mortgagee. b. Notices to Mortgagee. Lessor shall, upon serving Lessee with any notice of default, simultaneously serve a copy of such notice upon the holder of the leasehold mortgage. The leasehold mortgagee shall have the same period after service of such notice upon it, to remedy or cause to be remedied the default, kid Lessor shall accept the leasehold mortgagee's acts if they had been performed by Lessee. c. Insurance. Lessor agrees that the name of the leasehold mortgagee may be added to the "Loss Payable Endorsement" of any and all insurance policies required to be carried by Lessee under this Lease on the condition that the insurance proceeds be applied in the manner specified in this Lease and that the leasehold mortgage or collateral document so provide. d. New Lease. Lessor agrees that in the event of r[ termination of this Lease by reason of any default by 12 5 Lessee, Lessor will enter into a new lease for the Premises with the leasehold mortgagee or its nominee for the remainder of the Lease Term effective as of the date of such termination, at the rent and other charges, and upon the terms, provisions, covenants and agreements contained in this Lease, subject only to the rights, if any, of the parties then in possession of any part of the Premises, provided: i. The mortgagee or its nominee shall make written request upon Lessor for the new lease within thirty (30) days after the date of termination and the written request shall be accompanied by any then due payment of rent and other charges payable under this Lease; and the mortgagee or nominee shall execute and deliver the • • new lease within thirty (30) days after Lessor has delivered it. ii. The mortgagee or its nominee shall pay to Lessor at the time of execution and delivery of the new lease, any and all sums which would then be due pursuant to this Lease, but for such termination and, in addition thereto, any reasonable expenses, including reasonable attorney's fees, which Lessor shall have incurred by reason of such default, including the costs of preparation and recording the new lease. iii. Th mortgagee or its nominee shall perform and observe all covenants in this Lease to be performed by $� Lessee and shall further remedy any other conditions which Lessee was obligated to perform under the terms of this Lease. iv. The new lease shall be expressly made subject to the rights, if any, of Lessee and its sublessees under this Lease. v. The lessee under the new lease shall have the same right, title and interest in and to the premises as Lessee has under this Lease. 13 • e. Confirming Documentation- Lessor shall, upon request, execute, acknowledge and deliver to each leasehold mortgagee an'agreement prepared at the sole cost and expense of Lessee, in form satisfactory to the leasehold mortgagee and to Lessor, between Lessor, Lessee, and the leasehold mortgagee confirming the provisions of this paragraph 35. Any additional reasonable costs incurred by Lessor in connection with the agreement, including reasonable attorneys fees, shall be paid by Lessee or the leasehold mortgagee_ The term "mortgage", as used in this paragraph 35, shall include a. mortgage, deed of trust, or other security .instrument used in the State of North Carolina, as well as financing statements, security agreements and other documentation required pursuant to the Uniform Commercial Code. IN WITNESS WHEREOF, Lessor and Lessee have each caused this Lease to be executed under seal as of the day and year first above written. _ M AL) . Bruce B. Cameron, Trustee IG WILMINGTON, L L.0 (SEAL) By (SEAL) anager By Manager 14 STATE OF NORTH CAROLINA COUNTY OF NEW. HANOVER I, /\poirs.SA In'1,4 r4;,,d,r/� • , a Notary Public of iNer-044,41,av,ei County, North Carolina, do hereby certify that BRUCE B. CAMERON, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my haDd and notarial seal, this the (o day of ' 1997. (47&aPic My commission expires:3 ' /512 STATE OF NORTH CAROLINA COUNTY OFNEW HANOVER A I, U5#"1A hrA,-P....J.a_/-c , a Notary Public in and for t e above said State and County, do he eb certify that "},� SN f f and ,. personally appeared before me this day and acknowledged that they are the Managers of IG WILMINGTON, L.L.C., a North Carolina Limited Liability Company, and that as such Managers they do • acknowledge the due execution of the foregoing instrument. Witness my hand and notarial seal this the Co day of Cy5..._.,.4.,2.. , 1991' • Notary Pub is My Commission Expires: 3 3!/S7 1 i 1 15 i 1 - - .. - k lte:Description for Bruce B.Cameron(Independence Grande Site) A certain tract or parcel ofland lying and being in Wilmington Township,New Hanover • County,North Carolina,and being a part of that tract as described in deed book 131 page 471.1,Records of New Hanover County,north Carofma,and being more particularly described as follows: - Beg Inning on an iron located at the intersection oftbe northern right of way of Pettigrew Drive(60 ft.public right of way),with the eastern right of way of Buckner Drive(60 ft. public right of way),as shown on the map of Pine Valley Estates,section 19,as recorded in map book 13 page 42,Records of New hanover County North Carolina,said being point being further located as having a N.C.Grid coordinate of N=162,284.50' E=2,329,913.08'(N A.D. 1927): Proceed from said beginning point with the eastern right of way of aforesaid Buckner Drive S 47-26-48 E 241.83 IL to an iron being the northwestern corner of lot 609 of Pine Valley Section One,as recordedin map book 8 page 91,thence with the real lot line of lots 609 thin 621 of said section one of Pine Valley,N 42-32-27 E 1559.51 ft.to an iron, thence N 41-15-38 W 18,19 ft.-to a point,thence N 41-12-42 W 259.51 11..to apoint, thence N 38-23-57 tr 21.64 It.to an iron,being the southwestern corner ofthe Boy Scouts of America tract,thence with the western line of said tract and beyond N 41-15-38 W 412.03 ft.to a point,thence S 42732-25 W 534.55 ft.to a point,thence a curve to the right having a radius of 183.00 R.and a chord of N 26-23-59 W 81.19 ft.to a point, thence N 13-34-56 W 40.94 ft.to a point,thence S 76-00-10 W 424.88 IL to a point on the eastern right of way of Independence Blvd.(100 IL public right of way),thence with said right of way a curve to tha tight having a radius of 1046.44 it.and t chord of S 25- 22-40 W 617.50 ft.to a point on said right of way,thence containing with said right of way S 42-32-17 W.211.17 ft.to an irou on said right of way,thence leaving said right of way a curve to the left having a radius of 1421.3311.a chord of S 42-57-30 E 222.45 ft. to a point,thence S 47-26-48 E 385.43 ft,to the point ofboginniug and containing 30.96 acres,according to a survey by Hanover Design Services,P.A.in October of 1996. All beam s are relative to N.C.Grid PAD.1927. `nt`tltln1ii11)ii1 • d 11 - Greg A. ayne, L28T6 ��p4tZ. CARV��Nr?r = SEAL _ • .��t 2876 SON ,•: • • .ogres.e w-•-x.-..w...w.�...un-.0n.....-..-.-...-.+..-.r......-. .+.....�-......-..-._,.. v ..-�.-r.�..- -._,r.J+-..... ...--..-.saa�c 170 -01.71 COusfl'Or lit WOO s.'lla g7glarIiEEfig .'HE14•1 atiiitk ao:I Q d • 000057 lraoimmai•or r. a*u D CAbIRO t, as Trustie.under•that certain•riwoaeble - •trust Atrama eb:dated 0etober-i,"•1992,:-a:siibrandie Of-which is.ricotded An book.1ii65 at rags.1022'of the.the sew sallower Couft1!'Rs{listry, (hereinafter•ne sbr"), h it Eby:lesaes to.10 1 •11666i85=06, Mei ■ 1lertb Carolina'Liiiited Liability ,•Cewaay, .•(hsrsitaftsr *Lessees), for-a tint beginning si;of De410wr'-1, 4996) 04 sco.atitatithg for the:saiilUn'period`of this.years; . . subject-to tha'telss of a'written lease dated Oeoeiber 1, 1996, thi,tit:as and'•conditoas of which are fully incesporatsd Asreia by •rah:Ne o the following described seal property: - • • • • -SIR'EXlIOIT NIA ATT*eikD imuri •un•lows'A !Ilia • . : Wintosss. iisitor; •th•-parties: said Lsai:s. baei.useirled • - this jeraadua.of=I ease, tbie-the- daj of.'April i 19l7. • i LESSON:. • B1,01. 4.44,L_. - —•_ (>�) - . _ . l R-RiD' , , • .: . . . • • • • • • • • 466169 . • 1 0 . s1Cri- PACE CouNTY or ti6W•RANOVER • • 'I, ?.p:' �j r a t�6tl i'y:P ii-Xie�ot. , . iiAile.R ounty,•Nd*t.Cairo ina, do ereby:c izt f ttilit, .. + pr..� y:�. BRUCS B. CAMERblt; .Trustee, pal'Son$lly,-aI$&xed•hefera+ina:'i~fiis°day and acknowledged the due execution of the feraiyof'ti$r iastrt1'Kant. • Witness my hand and note ial Seal, this. the + ...day_of -. • I.1 , 1991. .,.,. . .. liN° Notary:Pg6 }•.:, : .• ',t My commission expires: .y�02,?, 4700/ 7 ,► STATE OP NORTR CAROLINA .. 1 COUNTY Of �R i4r►CL a.. .,. 1, .a- qqa, . . , a Notary Public in and for • the•above'said State:and County, do hereby'certify that e14,oi1--.• :.;za-11:�n - :and. y i.I.C. P•1 k. 'SQ': personally•.appeared•before me this day and acknowledged•that they - - . ate the Nanager:.of IO WXUtl$O ON, L.L:C.,.a North Carolina ' • Limited Liability Company,• and that as such-Managers••they do - ' ' • acknOWledtje-the due execution of the foregoing instrument.• • Witness my hated•and nbtarial seal'this the dl J • day of • tt/ , 199,�. ; r . . 4 Publi • c • ` 4T ; my Commission tsxpirehs RR. 42 c/ )' ; u - Isia t STATE OR NORtM-CAROL14A - , , New 1[nnov r County ' • The yew Amend C dilkei p)of ' J gmdwl.• 4.F"77e . Nosy(Nooks)milt id we'alined . • . abowe eoeI.. • • nedmt der14. PRi1. i9 . ' ' _ . -a see ooe 11 'a • • • • • • C 9 ' f 1 F . I• p 5 '.• - _ • • - _ .. .. .:i.y.. A:-- r•.:..:f.._a.;. «s/,x Mtn. ^,- t i c001. 1,4QE . w 2 i i 0 -0t7•3 'A cettai4'ttiaii iv,iii itif4Y .r f air'` ii-.t-i f i:cua .Nadi giiiiif ,ieul ` 'ki•Wilu ticli # lea$(r dititlaiiic 131 - ' v pitesiv;ttaad!WI** sov C d' ty:rioiiti dakifi,•li a iiiii►ifi i'itiiodit* .•.• - mooed'U 9 lLowa: - _ . • -eegimaia6 ei en hots lbei<ed al the idtetsoctlii sfthe*ontlitai dji►t`nt ir.'iyooF tew Diiv4(60 Ri pablk iight Of way),ia4iillie O it tiligkCeftiii-alltiiiiiii 5iii ti(• ft -• ''public iiaht:df 041 of tLovirii'da theiii p of 1'ioe Villif flstitoi, 19 ins iodtded. kw"book 13 page,42,1teebrd,'of New hiookiar atiii9 Non f.Cotoiini%1iag --d bi • - 'phibans 8uthcf l(ie l5ated Wog tle.C.gad eooidieiitb'of 1i=163,214;50' 2,319;913.08'(N.AI).1927): Proceed from said beginning paint with the ilitisii dghi Otwsy of itbiesakl Sndoer- • ' •T)avo•S 47.2648 E•241.83 It to ail iron being tlioaiottbWesttia cornet. tilt 609 ufPuoe ' • •' .Vali y See4ion Aoe,as few ip tip:beoir 8 file 91'thcoco Lli l44-cal lui iao-of : . ' - - lots 609 Vail 621 ofsaid:iei tloti'one diPme tQlo 4 42;320 E.iSS9:ii ft:till iioe;' •thexice N 41-IS-38 W 18.19 ft.to a point,thenoo N 41+12.42 W.759.53 O.to apolot. • _, theaoe N 3¢43-57 E•21.64 it.to la'iroq being the soiithve'stetit coniei oftbe t . . • Siii*ofAaetiolca mist;thomei'vrlU'the'wfsteinl e`of#iid trim end b N'41=1S-38 ..W 412.03 ik'tii i point;theete S 4242725 Vu 594: 3.8,to i jielrit;'t}i 'i iutv"a"t0 tiro _ :,..liglitb014 i iiiu*of•183.110 k.$4 a tbuid ot?4 26223430 W g1:19'&1a*liomt, • theitof N 13 34•Sti W 40:5;4&to 1'000141ice S 76.0&10.W 424 1 ilr Cdo s'pbiertos •.• • - . the a tigbi•of wsy:ulilinddpaid4co Slvdr(1_00&.pubgep right ofway),t cc ivkb.. ' ciid iig ot*iy i.iutve to tkeaidht brdeg.tedba ofE 1046A44 tfiaod i e>eod_gf.T.25- • - . .• 046W61140R a i ''` - '� (*Oil al'wsi►;t6e�iot ceatiouaeg�vi�i hr[d i�ft1'of - • vliV0.6.42 32.17 W.211.17'At..to la iiioi`da ssid tigld oIwey;thaiccli ii `ii lie'of • ,' - ' .a ctnita'to then left tttiehig`a i�eis of 142f,37 8..i id 9f 9 47 0 E 222;43 A, • ' ' '. lei a` isl;ticitte`S 47 2v4;:Bl8S:;,S a.0raa-Aoi slid, fiut`iui 70.% • ' ebes,•sekoc to a aaivvy by 14isdyei Detia6 Scoloee;•PA m Octnbei of 1996-'_ - All • ste reldrfeto N.C.drift N.AD.1927. - ' - , - - • �tlttuu�ti•••• • . -meg A:- ayole: l 2176 • e.• WS#' •/• . SEAL, ..a::8 ;:'it • • • 4. . I' STATE OF NORTH CAROLINA • COUNTY OF NEW HANOVER FIRST LEASE AMENDMENT THIS LEASE AMENDMENT made and entered into this 5th day of December,2005,by and between BRUCE B. CAMERON, as Trustee under that certain revocable trust agreement dated October 1,1992,a memorandum of which is recorded in Book 1645 at page 1032 of the New Hanover County Registry(herein"Landlord"),and IG WILMINGTON,L.L.C.,a North Carolina Limited Liability Company(herein"Tenant");. WITNESSETH: Whereas,on the 1st day of December, 1996,Tenant and Landlord entered into a certain lease whereby Landlord leased to Tenant for a period of approximately thirty years the Premises generally known as Barclay Apartments,located on Independence Boulevard in Wilmington,NC(herein the "Lease");and Whereas,the parties desire to modify and amend the Lease as set forth in this First Lease Amendment;and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,and for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Landlord and Tenant hereby agree to amend the Lease as follows: • I. Section 1. The Demise of Premises of the Lease and"Exhibit A"as set forth in the • Lease are hereby amended by deleting"Exhibit A"in its entirety and replacing the same with"Exhibit A(revised)"as attached hereto. 2. Section 3. Term as set forth in the Lease is amended by deleting said section in its entirety and replacing the same with the following new Section 3: 3. Term. The term of this Lease(hereinafter called the"Term")shall begin on December 1, 1996(the"Term Commencement Date")and shall expire on December 31,2046. As used herein,the term"Lease Year"shall mean the • twelve-month period beginning on said Term Commencement Date(or its anniversary)and ending on the day before said Term Commencement Date • (or its anniversary). 3. Section 4.Rentals of the Lease is amended by adding the following paragraph to the end of said Section 4: In the event Tenant's cash flow for any given month is insufficient to pay the full Ten Thousand and no/100 Dollar ($10,000.00) monthly rental installment, then the monthly rental installment for said month shall be reduced to the amount of Tenant's available Funds less an amount of MAMMON Apartments'ease'amendment.doc sufficient working capital as agreed to from time to time by Landlord. No further rental shall be due for said monthly period and the annual rental for said Lease Year shall be reduced to reflect the reduction of the monthly rental installment. 4. The Lease is amended by adding the following new section immediately following Section 35 of the Lease: 36. Subordination. Tenant hereby subordinates its rights hereunder to the lien of any mortgage or mortgages or the lien resulting from any other method of financing or refinancing,now or hereafter in force against the land and the building of which the Leased Premises are a part or against any building hereafter placed upon the land of which the Leased Premises are a part,and to all advances made or hereafter to be made upon the security thereto. Tenant hereby agrees to attom to and acknowledge the foreclosure purchaser or purchasers as Landlord hereunder subject to the new Landlord honoring the terms of this Lease. In addition, Tenant will promptly furnish, at Landlord's request,such estoppel agreements,consents to assignment of this Lease or of rent due hereunder, and attornment agreements as Landlord may reasonably require to comply with requirements of lenders. 5. Except as amended herein,the Lease shall remain in full force and effect. The parties agree to execute and recorded an new Memorandum of Lease reflecting the changes hereto. In testimony whereof,the parties hereto have executed this Amendment as of the day and year first above written. LANDLORD: (Seal) BRUCE B. CAMERON,as Trustee under that certain revocable trust agreement dated October 1, 1992 TENANT: IG WILMIN TO ,L.L.C. By: r M ager E:ICAMERON1Barclay AparlmenlAlease amendment.doc "Exhibit A revised" BEING ALL of that 26.23 acre tract located in the City of Wilmington,New Hanover County, Wilmington Township as shown on that plat entitled"MAP OF SURVEY FOR BRUCE B. CAMERON,TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services, P.A. as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress, and regress, and for the installation of utilities identified as"50'PRIVATE ACCESS EASEMENT" on the aforesaid recorded map and more particularly described as follows: Beginning on a point on the southern right of way of Shipyard Blvd.930 ft.public right of way), at a point located N 76-27-56 E 157.24 ft.from a point located at the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd. Proceed thence with the southern right of way of Shipyard Blvd.N 76-27-56 E 50,00 ft, to a point,thence leaving said right of way S 13-35-05 E 395.96 ft.to a point being the most northern corner of the above described tract, thence with the northern line of the above described tract S 76-00-10 W 50.00 ft. to a point in.said line,thence N 13-35-05 W 396.36 ft. to the point of beginning. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress, and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 9 u P 9 at Page 7 9. of the New Hanover County Registry of Deeds reference to which is made for-a more particular description. TOGETHER WITH A NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress,egress and regress and for general landscaping described at follows: Beginning on a point in the northern line of the above described 26.23 acre tract,said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd;N 76-27-56 E 157.24 ft., thence S 13-35-05 E 396.36 ft.to the point of beginning: Proceed thence with the northern line of the above described 26.23 acre tract S 76-00-10 W 82.76 ft.,thence N 59-45-15 E 86.38 ft.,thence S 13-35-05 E 24.17 ft.to the point of beginning. This easement will continue until such time that IG Wilmington,L.L.C. or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist. TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property. Said trash compactor and/or dumpster may be repaired and/or replaced as necessary. Said easement being particularly described as follows: G:1CAMERON\Barclay Apartmentsllease amendment.doc • Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd;N 76-27-56 E 207.24 ft.,thence S 13-35-05 E 429.64 ft. to the point of beginning: Proceed thence S 13-35-05 E 6.56 ft.,thence a curve to the left having a radius of 158.02 ft a chord of S 23-25-49 E 54.04 ft.,thence N 19-38-32 E 45.57 ft.,thence N 71-12-36 W 40.50 ft.to the point of beginning. This easement will continue until such time that IG Wilmington,L.L.C.or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist. • I RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B. Cameron,Trustee,to run with and for the benefit of the property currently owned by Bruce B. Cameron,Trustee,located adjacent to the northern boundary of the above described property (generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install,maintain and repair utilities including but not limited to j stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property. RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B. Cameron,Trustee,to run with and for the benefit of the property currently owned by Bruce B. Cameron,Trustee,located adjacent to the northern boundary of the above described property (generally referenced on the aforesaid mentioned recorded map) for ingress,egress and regress over the existing roads and driveways located on the above described property. Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. All bearings are relative to N.C. Grid N.A.D. 1927. Greg A. Wayne,RLS L-2876 Mark Carter,attorney • Eh (MAMMON Barclay A jartmantsilease amendment.doc 1 tiJEAtitL Iflh111111 FOR REGISTRATION REGISTER OF DEEDS 20DE053H5NPM BK:4949 PG:84-89 FEE:$26.00 INSTRUMENT 1242707 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MEMORANDUM OF ie4 7n.' JINN LT' FIRST LEASE AMENDMENT KNOW ALL PERSONS BY THESE PRESENTS,that for and in consideration of the rents and covenants set forth in that certain First Lease Amendment dated December 5, 2005 (the "First Lease Amendment"), by and between BRUCE B. CAMERON, as Trustee under that certain revocable trust agreement dated October 1,1992,a memorandum ofwhich is recorded in Book 1645 at page 1032 of the New Hanover County Registry ("Landlord"), and IG WILMINGTON,L.L.C..a North Carolina Limited Liability Company("Tenant';,Landlord and Tenant have amended the lease dated the 1st day of December, 1996 as described in that Memorandum of Lease recorded April 22, 1997 in Book 2170 at Page 171 of the New Hanover County Registry("Lease"). Provisions of the First Lease Amendment include the following modifications of the Lease: 1. Section 1.The Demise of Premises of the Lease and"Exhibit A"as set forth in the l.eace are amended by deleting"Exhibit A"in its entirety and replacing the same with"Exhibit A(revised)" as attached hereto. 2. Section 3.Term as set forth in the Lease is amended by deleting said section in its entirety and replacing the same with the following new Section 3: 3. Term. The term of this Lease(hereinafter called the"Term")shall begin on December 1,1996(the"Term Commencement Date")and shall expire on December 31,2046. As used herein,the term"Lease Year"shall mean the twelve-month period beginning on said Term Commencement Date(or its anniversary)and ending on the day before said Term Commencement Date (or its anniversary). E:ICAMEROMBarclayy Apartmenthnemoiandum of lease.doe 3. The Lease is amended by adding the following new section immediately following SeE*v15 of the Lease: 36. Subordination. Tenant hereby subordinates its rights hereunder to the lien of any mortgage or mortgages or the lien resulting from any other method of financing or refinancing,now or hereafter in force against the land and the building of which the Leased Premises are a part or against any building hereafter placed upon the land of which the Leased Premises are a part,and to all advances made or hereafter to be made upon the security thereto. Tenant hereby agrees to attom to and acknowledge the foreclosure purchaser or purchasers as Landlord hereunder subject to the new Landlord honoring the terms of this Lease. In addition, Tenant will promptly furnish, at Landlord's request,such estoppel agreements,consents to assignment of this Lease or of rent due hereunder,and attomment agreements as Landlord may reasonably require to comply with requirements of lenders. The provisions set forth in the First Lease Amendment are hereby incorporated in this Memorandum of First Lease Amendment as though stated herein in full. Terms not defined herein shall have the meanings provided in the First Lease Amendment. This the .415 day of . Ct►„bt, ,2005. LANDLORD: / if./(2.4ti.44„- (Seal) BRUCE B. CAMERON,as Trustee under that certain revocable trust agreement dated October 1, 1992 TENANT: IG WILMIV TO L.C. (Seal) /4/ By: _ (Seal) J"tl 8:1CAMBROMBarolay Aparlmentslmemorandum ofleeaaaoo STATE OF NORTH CAROLINA COUNTY OF tie, 44„p e ,a Notary Public of the State and County aforesaid,certify that Scott C. Sullivan, a Manag*c of IG WILMINGTON, LLC, a North Carolina limited liability company,personally came before me this day and acknowledged the execution of the foregoing on behalf of the limited liability company. WITNESS my hand and official seal this _day of, ,,,tb,u,,2005. ,VANp Notary Public 4°TA9y 610. ,n My Commission Expires: .n Ci y A0BLO 944a1 STATE OF NORTH CAROLINA C COUNTY OF IVA,3 I e41118F CC a Notary Public of the State and County aforesaid, certify BRUCE B. CAMERON, as rustee under that certain revocable trust agreement dated October IL,1192,a a ethi aadum of which is recorded in Book 164.5 at page 1032 of the New Hanover County Registry,personally came before me this day and acknowledged the execution of the foregoing in his capacity as Trustee. WITNESS my hand and official seal this day of l r+ Ter- ,2005. !'._ +i • !No r Public ► s.TilN�F�9 My Co it i i ission Expires: 'Z`'a 9�' �-�n y v 4 A1/BLNG 4b1IR coy F E:ICAMERONlBarclay Apartment:lmamonndum of lease doc 1 "Exhibit A revised" BEING ALL of that 26.23 acre tract located in the City of Wilmington,New Hanover County, Wilmington Township as shown on that plat entitled"MAP OF SURVEY FOR BRUCE B. CAMERON,TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services, P.A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50 ft, in width for ingress,egress, and regress,and for the installation of utilities identified as"50'PRIVATE ACCESS EASEMENT" on the aforesaid recorded map and more particularly described as follows: Beginning on a point on the southern right of way of Shipyard Blvd.930 ft.public right of way), at a point located N 76-27-56 E 157.24 ft. from a point located at the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd. Proceed thence with the southern right of way of Shipyard Blvd.N 76-27-56 E 50.00 ft.to a point,thence leaving said right of way S 13-35-05 E 395.96 ft.to a point being the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft.to a point in said line,thence N 13-35-05 W 396.36 ft.to the point of beginning. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50.ft.in width for ingress,egress, and regress, and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book i'9 4 9 at Page 7 9 of the New Hanover County Registry of Deeds reference to which is made for a more particular description. TOGETHER WITH A NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress,egress and regress and for general landscaping described at follows: Beginning on a point in the northern line of the above described 26.23 acre tract,said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd;N 76-27-56 E 157.24 ft., thence S 13-35-05 E 396.36 ft.to the point of beginning: Proceed thence with the northern line of the above described 26.23 acre tract S 76-00-10 W 82.76 ft.,thence N 59-45-15 E 86.38 ft.,thence S 13-35-05 E 24.17 ft.to the point of beginning. This easement will continue until such time that IG Wilmington,L.L.C.or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist. TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property. Said trash compactor and/or dumpster may be repaired and/or replaced as necessary. Said easement being particularly described as follows: G:\CAMERON1Barclay Apartments\memorandum of Iease.doc Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd.with the eastern right of way of Independence Blvd;N 76-27-56 E 207.24 ft., thence S 13-35-05 E 429.64 ft.to the point of beginning: Proceed thence S 13-35-05 B 6.56 ft.,thence a curve to the left having a radius of 158.02 ft.a chord of S 23-25-49 E 54.04 ft.,thence N 19-38-32 E 45.57 ft.,thence N 71-12-36 W 40.50 ft.to the point of beginning. This easement will continue until such time that IG Wilmington,L.L.C.or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist. RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B. Cameron,Trustee,to run with and for the benefit of the property currently owned by Bruce B. Cameron,Trustee,located adjacent to the northern boundary of the above described property (generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property. RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B. Cameron,Trustee,to run with and for the benefit of the property currently owned by Bruce B. Cameron,Trustee,located adjacent to the northern boundary of the above described property (generally referenced on the aforesaid mentioned recorded map) for ingress,egress and regress over the existing roads and driveways located on the above described property. Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. All bearings are relative to N.C.Grid N.A.D. 1927. Greg A.Wayne,RLS L-2876 Mark Carter,attorney O:ICAMERON1Barclay Apartmentslmemorandum of leasadoc Ove,co, .... ,4‘--K_c., ,...v-4,. ;'",?I.:�„f. i//`, .'•:,•, 4 -11.4,- ,.:lie - F . ',` VP Int CI REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Flied For Registration: 12►08/200512:53:45 PM I Book: RE 4949 Page: 84.89 i Document No.: 2005072707 F MEMO 6 PBS $28.00 t Recorder: SCO1T, NANCY A t State of North Carolina,County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2 0 0 5 0 7 2 7 0 7 * .,.,,, 2005072707 1 u STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SECOND LEASE AMENDMENT 16 THIS SECOND LEASE AMENDMENT made and entered into this /S T day of October, 2021, by and between SCOTT C. SULLIVAN (also known as Scott Christopher Sullivan) and BRUCE B.CAMERON,IV, Co-Trustees of the Bruce B.Cameron Revocable Trust,dated October 1, 1992, as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee,with an address of P.O. Box 3649, Wilmington, North Carolina 28406 (herein "Trust") and DRY POND PARTNERS,LLC,a North Carolina Limited Liability Company with an address ofP.O.Box 3649, Wilmington,North Carolina 28406 (herein "Dry Pond") (Trust and Dry Pond are collectively herein"Landlord"), and IG WILMINGTON, LLC, a North Carolina Limited Liability Company with an address of P.O.Box 3649,Wilmington,North Carolina 28406 (herein"Tenant"). WITNES SETH: Whereas, on the 1st day of December, 1996,Tenant and Trust entered into a certain lease whereby Landlord leased to Tenant for a period of approximately thirty years the Premises generally known as Barclay Apartments,located on Independence Boulevard in Wilmington,NC as amended by that First Lease Amendment dated December 5,2005 (collectively herein the"Lease");and Whereas,the parties desire to modify and amend the Lease to add additional property owned by Dry Pond to the Premises, to add Dry Pond as a Landlord under the Lease, and for any other purpose set forth in this First Lease Amendment; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,and for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Landlord and Tenant hereby agree to amend the Lease as follows: 1. For purposes of the Lease and this Second Lease Amendment, "Lessor" and "Landlord"are one and the same,and"Lessee"and"Tenant"are one and the same. 2. Upon the execution of this Second Lease Amendment, Dry Pond and Trust shall jointly be Landlord under the Lease and shall be jointly and severally liable for all duties and obligations of Landlord under the Lease which arise after the execution of this Second Lease Amendment and shall jointly share in the benefits as Landlord under the Lease which arise after the execution of this Second Lease Amendment, 3. Section 1. The Demise of Premises of the Lease and"Exhibit A"as set forth in the Lease are hereby amended by deleting"Exhibit A"and"Exhibit A(revised)"in their entirety and replacing the same with"Exhibit A(revised 2)"as attached hereto. 4, Section 3. Term as set forth in the Lease is amended by deleting said section in its entirety and replacing the same with the following new Section 3: 3. Term. The term of this Lease(hereinafter called the"Term")shall begin on December 1, 1996(the"Term Commencement Date")and shall expire on December 31,2052. As used herein,the to n"Lease Year"shall mean the twelve-month period beginning on said Te m Commencement Date(or its anniversary)and ending on the day before id Term Commencement Date (or it anniversary). 5. Except as amended herein,the Lease shall*lain in full force and effect. The parties agree to execute and recorded a new Merokandum of Lease reflecting the changes hereto. In testimony whereof,the parties hereto have executed thi Amendment as of the day and year first above written. 4 LANDLORD: (Seal) BRUCE B.CAMERON,IV as Co-Trustee of the Bruce B.Cameron Revocable Trust, dated October 1, 10992, as amended and completely restated by that amended and restated trust agreement dated July 29,2010, between Bruce B. Cameron,Grantor,and Bruce B.Cameron,Trustee DRY POND PARTNERS, LLC By: e / it. Manager TENANT: IG WILMINGTON,LLC 4( Manager l i k • "Exhibit A revised 2" BEING ALL of that 31.18 acre tract located in the City of Wilmington,New Hanover County,Wilmington Township as shown on that plat entitled"RECOMBINATION PLAT FOR BARCLAY PLACE"dated July 20,2021 andpreparedby Port City Land Surveying,PLLC as recorded on July 22,2021 in Map Book 70 at Page 59 of the New Hanover County Registry. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation of utilities identified as"SOUTHHALL DRIVE 50'PRIVATE RIGHT OF WAY"on the aforesaid recorded map and more particularly described as follows: Beginning on a point on the southern right of way of Shipyard Blvd. 130 ft.public right of way),at a point located N 76- 27-56 E 157.24 ft.from a point located at the intersection of the southern right ofway of Shipyard Blvd.with the eastern right of way of Independence Blvd. Proceed thence with the southern right of way of Shipyard Blvd.N 76-27-56 E 50.00 ft.to a point,thence leaving said right of way S 13-35-05 E 346.74 ft.to a point in the northern line of the above described tract,thence with the northern line of the above described tract S 76-48-13 W 25.00 ft.to a corner of the above described tract,thence along a western line of the above described tract S 13-35-12 E 49.59 ft to a corner of the above described tract,then along the northern • line of the above described tract S 76-00-I0 W 25.00 ft.to a point in the above described tract,thence N 13-35-05 W 396.39 ft.to the point of beginning. TOGETHER WITH A NONEXCLUSIVE EASEMENT 50 ft,in width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds and amended by the Amendment to Declaration ofAccess Easement recorded in Book _at Page of the New Hanover County Registry of Deeds reference to which is made for a more particular description. TOGETHER WITH A NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress,egress and regress and for general landscaping described at follows: Beginning on a point in the northern line of the above described 31.18 acre tract,said point being located the following bearings and distances from the intersection of the southern right ofway of Shipyard Blvd.with the eastern right of way of Independence Blvd;N 76-27-56 E 157.24 ft.,thence S 13-35-05 E 396.39 ft.to the point of beginning: Proceed thence with the northern line of the above described 31.18 acre tract S 76-00-10 W 82.76 ft.,thence N 59-45-15 E 86.38 ft.,thence S 13-35-05 E 24.17 ft.to the point of beginning. This easement will continue until such time that IG Wilmington,LLC or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist. RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT to run with and for the benefit of the property currently owned by DRY POND PARTNERS,LLC,located adjacent to the northern and northeastern boundary of the above described property to enter upon the above described property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property. RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT to run with and for the benefit of the property currently owned DRY POND PARTNERS,LLC,located adjacent to the northern and northeastern boundary of the above described property for ingress,egress and regress over the existing roads and driveways located on the above described property. Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. I c3CbVIC Johnson, Kelly 63 (‘) t� From: Johnson, Kelly Sent: Tuesday, October 5, 2021 3:50 PM To: 'Mark Carter' Cc: Jason Clark (jclark@ntengineers.com):Amy Norris (anorris@ntengineers.com) Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1,2&3 N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Hi Mark, Thanks for talking today. As we discussed, I wanted to send a quick email to document what we think will be a path forward if your client agrees. IG Wilmington will lease all of the land other than Lot 1, Lot 2 and Lot 1 Longstreet Place. There are two owners for that leased land; Bruce B. Cameron IV,trustee and Dry Pond Partners. If we issue the permit in that way, all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV,trustee and Dry Pond Partners will sign as the property owners. This would work the same way in Section Ill of the modification application. Please let me know if this is the preferred path forward. Thanks, Kelly K.ELL1j oliv50IA, Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Carter<carter28409@yahoo.com> Sent:Tuesday, October 5,2021 2:43 PM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Subject: Re: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3- N&T#20055(SW8 960820,SW8 210311, SW8 201312,SW8 210313) CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly, The underlying fee title was in the name of Bruce B. Cameron, Trustee when the permit was last issued/renewed (Bruce B. Cameron, IV is his grandson). Bruce B. Cameron is deceased, and Bruce B. Cameron, IV and Scott C. Sullivan are now CO-Trustees of the 1 same trust. IG Wilmington, LLC was also shown as a permittee. It is a lessee under a long term lease for the currently developed portion of the property (onsite tract). At the same time we close on a construction loan in the near future, we plan to transfer the fee title to the onsite portion of the land to Dry Pond Partners, LLC (it currently owns a portion of the land and the trust owns the balance) At the same time, we plan to amend the lease to include the entire onsite portion of the land. Dry Pond Partners, LLC also currently owns lots 1 and 2 of phase 2 located on Shipyard which will not be subject to the lease. As far as IG Wilmington, LLC holding the permit, my only concern would be any impact that may have on Dry Pond's control and the offsite parcels. My original thought in removing IG Wilmington was that the lease parcel did not include all of the fee parcel. The lease and fee descriptions should be matched up as to the onsite tract once the transfers are completed. The two entities have several identical members, so I think the client has some flexibility. Any thoughts? Call me if you would like to discuss. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Tuesday, October 5, 2021, 10:02:36 AM EDT, Johnson, Kelly <kellv.p.johnsonancdenr.Qov>wrote: Mr. Carter, I am going through the master permit(SW8 960820/ Barclay Place) today. If I am understanding the email chain below it sounds like the current permittee (IG Wilmington, LLC) is leasing the land. Below it says they"hold a leasehold estate", which from Google sounds like a long-term lease? The current owner(per BK2533/PG0725 and a series of trusts) is Bruce B. Cameron IV, Trustee. So, you all want to transfer the permit from the entity leasing the land to the entity that owns the land. There was a recombination where some Dry Pond Partners, LLC land was added (MB 70 at Page 59) but Bruce B. Cameron IV, Trustee still owns the land where the pond is located (Parcel ID R06117-011-019-000). 2 a i \ ___---;i ' � • • • I aril ■ "_1T71s�4il • ,4 • • ■ f� Tn1T1V" g • in t �14Y SI 4•/ ■ • • _ ■ - r - •111 0 of 4, X 11 r �r --nisi • Parcels i; § - -- T •m ilk di la 1. • ~ 2535 24 • - IIIIP.tt I' c'Tcm.46_7:tem �'� y til Ck fOc ETI iX De:m . • , - i a Zoom IQ r Mr f, �� .;• e a •ATill'-. 301 •a 39 ■' • This is as shown on the application as well. I just want to make sure that I am understanding this correctly. In my experience with long-term leases, the lease often gives development/construction rights to the tenant. Then the tenant would get the permit as a lessee as shown in the third option below on the application. If that were true in this case then the tenant is already the permittee and there would be no need to transfer the permit. 3 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ® Property owner (Also complete Part F.) ❑ Home Owners Association MOM, Property Owners Association (1 (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and tt, the permit as co-permittees_ If the lease is terminated, responsibility fay owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The perm of the recorded deed after the purchase has taken place_ if the purcha: permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the de will appear on the permit as co-permittees. If the development agreema the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the Following and provide the na 2 Corporation, LLC, Partnership, Municipality name: Bruce B. Cameron ' October 1, 1992 as amended and restated AND Dry Pond Partners, LLC Please advise. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension 4 Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Johnson, Kelly Sent: Monday, August 9, 2021 3:52 PM To: carter28409Ccavahoo.com Cc: Jason Clark(jclarkc ntenoineers.com) <jclark(a.ntengineers.com>; Amy Norris (anorrisCcantengineers.com) <anorrisc ntengineers.com> Subject: FW: [External] Barclay Place/ Barclay Place Phase 2 - Lots 1, 2&3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Mr. Carter, This is a lot of information to digest before it is all resubmitted. Please coordinate with Jason to arrange for the resubmittal. SW8 960020 (master permit): i don't remember the details of who owns land under the trust off the top of my head. But, it sounds like there is a trust between Scott C. Sullivan and Bruce B. Cameron, IV and Dry Pond Partners, LLC is"related to"that trust. If Dry Pond Partners, LLC owns land covered by the permit then please clarify how that entity is"related to" the trust in the resubmittal package. 1G Wilmington, LLC must be an additional owner of the land. Under this arrangement it seems that there would be three landowners; 1.) Sullivan/Cameron trust, 2,.) Dry Pond Partners, LLC and 3.) IG Wilmington, LLC. If there are three entities involved, please ensure that someone with signature authority for each entity signs the various forms if you have not already. SW8 210311, SW8 201312 &SW8 210313 (new offsites): This sounds like it will be more straightforward. I will go through it when it arrives. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer 5 NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change In Phone Number From: Mark Carter<carter284090vahoo.com> Sent: Monday, August 9, 2021 3:21 PM To: Johnson, Kelly <kelly.p.johnsonancdenr.aov> Subject: Re: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3-N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Kelly I just left you a voice mail. Jason Clark suggested that I reach out to you directly to discuss the ownership/deed matters. Here is what I provided him on the master permit renewal. SW8 960820 The July 8, 2009 renewal application identifies the drainage area as approximately 39 acres located at 2650 Shipyard Blvd. The permit holder as follows: Bruce Cameron and 1G Wilmington, LLC On July 8, 2009, the fee title to the 39 acres (See Book 2533, Page 725 Tract B, plus some minor correction deeds) was owned as follows: Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry 6 At the same time, IG Wilmington, LLC held and continues to hold a leasehold estate in approximately 26.24 acres of the property covered by the permit including the pond (Now, Parcel ID R06117-011- 019-000). Bruce B. Cameron, the trustee, died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron, IV became the successor trustees of the trust (See Certification of Trust recorded in Book 5849, Page 569). The original trust is still in existence, only the trustee(s) have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners, LLC which is related to the trust. OFFSITE PERMITS On the Offsite permits, both lots are part of the acreage which is described in the three deeds that were submitted with the offsite permits. The legals are the same in all three deeds (they convey undivided interests). The legal in the three deeds includes the two lots, the access easement, a lot on Longstreet (MB 70 PG 52), the the acreage which was added to the above referenced recombination plat recorded in MB 70 at Page 59. There are no deeds for the two individual lots or recorded plat (except as shown on MB 70 at Page 59). I have attached the recorded documents listed above except for the three deeds to Dry Pond Partners, LLC which are in the offsite applications. Please call me to discuss. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Tuesday, August 3, 2021, 10:46:26 AM EDT, Johnson, Kelly <keIlv.D.iohnsonancdenr.gov>wrote: Amy, Please see below in Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change In Phone Number From: Amy Norris <anorrist ntengineers.com> Sent: Tuesday, August 3, 2021 10:33 AM 8 To: Johnson, Kelly<kellv.p.iohnsonCa)ncdenr.gov> Cc: Jason Clark<jclark( ntengineers.com>; Hill Rogers <hillacameronco.com>; John Tunstall <iunstall cCaantenaineers.com>; carter28409c vahoo.com Subject: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Kelly, Good morning. We are working through your comments for the required response packages. We need direction on a couple of your comments(see below for each in ). Barclay Place - SW8 960820 1. Correction to be Issued: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron, Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, LLC. This correction will be noted when the permit is issued. Please PDF us a copy of the issued 03-31-21 Renewal Permit for our files. Attached. Please note that there was an error in who it was issued to. I inserted a comment in the file. 2. Deed [15A NCAC 02H.1045(2)(c)]: Please provide legal documentation of the property transfer of the proposed permittee. Please elaborate on what NC DEQ wants to see for the Permit Transfer. The "Recorded Certification of Trust" was provided to NC DEQ in the original Renewal / Transfer submittal package. If additional documentation is needed, this will have to come from the Attorney, Mark Carter of Morgan & Carter, PLLC. If the documentation provided shows that appropriate entity owns the land, please provide clarification from your attorney. Unfortunately, we receive a lot of different types of legal paperwork, but as an engineer I don't always know how to interpret that information. I am more familiar with receiving the deed_ Barclay Place Phase 2 — Lot 1 (SW8 120311), Lot 2 (SW8 120312). & Lot 3 (SW8 120313) 5. Deeds (15A NCAC 02H.1040(4)(c)]: Three deeds have been submitted, BK5855/PG 238-246; BK 5855/PG 230-237; and BK 5855/PG 223-229. Please provide a copy of the 9 recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. Is NC DEQ wanting us to provide the actual "Recorded Map" referenced within each of the 3 Deeds for each lot? I need to be able to line up the various deeds with the land that each one covers so that I can make sure it covers all of the land under the permit, and so that is why I asked for copies of the recorded maps. Thanks in advance for your time, Amy From: Johnson, Kelly kellv.o.johnson(ancdenr.gov Sent: Tuesday, June 15, 2021 2:01 PM To: Jason Clark Cc: Amy Norris; bcameronivc cameronco.com Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3)-N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 06 addinfo 210311_210312_210313.pdf; 2021 06 addinfo 960820.pdf Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting io C AN1, i evs7c-c • i �u; ' 2425173831 ■ ■ 1° 3701 . ■ _ _ . ■ � ■ ��� 3810i.. �!--mil- ■ ■ .-e `, '16 �1 4- 110' ■ ■ .40,,.14 226 �' 1 q; ■ ■ Y • • 2338� ,4 1 03 ► © }( - . 25 2 06 5. 17N. Pance6s 1 22N. §1 iCt F �'` C Ill 302` PID:R06117-011-019-000 225 ■ .. y1 2529.. PIN: ■ Ilimi'+ di r I 6ix: !VAPID:313613-.33_ 15.3`0C _ ▪■ - 252 .b % 2635 M. -0 26 Aces:26.23 1. • �2537,16Ir ■ CI's-ck for ETriX Jets :s ■ ' 4. - N. I 59 r ■ 2646 Attp, mil Zoom to ... I 1■ { �`I d �4 ''rf ■■ 0 • 8 ■— ■ ■• ■ I 300. 309 ■ 3 ■ ■ • r ■ .309 31 ■ 3U■ ■ . ■ 6 7 446.:*,4),, . 305 E. 4 .4;00,'1/4,- AV33�7 ■ ■ ■ 1 ■ �'� ■ fir, ■ ■ ■ �. ■ : i ■ ■ ■ ■ 2 ►' ■ ■ 33 ■ ? 1. ■ 4 ■ 1 ■ � 33 ■ ■ i ■ ' .■ ■ 1'301. ■ ■ �.3 '�■. ■/Wm 5 6/14/2021 New Hanover County ;'ARID: R06117-011-019-000 CAMERON BRUCE B TRUSTEE 2545 CROQUET DR Sales Sa Sale Date Sale Grantee Grantor Book Page Key Price 09-APR-13 CAMERON BRUCE B CAMERON BRUCE B 9904 0313 485349 TRUSTEE TRUSTEE 27-JUL-12 WILMINGTON CITY OF CAMERON BRUCE B 5659 0082 475126 TRUSTEE 29-AUG-08 5343 0669 436509 08-DEC-05 $0 CAMERON BRUCE B CAMERON BRUCE B 4949 0079 397022 TRUSTEE REVOCABLE TRUSTEE REVOCABLE TRUST TRUST 09-NOV-05 $0 CAMERON BRUCE B CAMERON GROUP LLC 4934 2859 397021 TRUSTEE 09-NOV 05 $0 CAMERON BRUCE B CAMERON PROPERTIES LTD 4934 2855 397020 TRUSTEE REVOCABLE PTNRP TRUST 05-MAR-99 $0 CAMERON BRUCE B CAMERON PROPERTIES LTD 2533 0725 397019 TRUSTEE PTNRP 'Sale Details 1 of 7 Sale Date 09-APR-13 Sale Key 485349 Sale Price Grantee CAMERON BRUCE B TRUSTEE Grantor CAMERON BRUCE B TRUSTEE Sale Source - Book 9904 Page 0313 Sale Type IMPROVED Sale Validity - Sale Flag STEB Instrument# Instrument Type Death (Obituary) Adj. Reason Adj. Price Adj.Amount Link Click Here to view the deed for this parcel https://etax.nhcgov.com/pt/Datalets/PrintDatalet.aspx?pin=R06117-011-019-000&gsp=SALES&taxyear=2021&jur=N H&ownseq=0&card=1&roll=RP&St... 1/1 • :-. 1736 .1\____---\-----------1------' _ .. --_--;:- grAll ' 2435 iirgi .3701 • • .1.. 3810 'il2t -.4- 774. -- • (1 of 4) 11" • ,/ " rl X • )3 8) .-4 Parcels • .X I II • 1 -205_5 --:06 v r RD:R061 i 7-011-016-G00 sr r PIN: r • 2, 5 • • 4MAPID:313613.03.6649.000 •2521: 1 5 253 Acres: -1 1-1 Acres: ., .7..... I ./ IF% 111:(6.v‘-‘1626 Click for ET'A'X Dets s Vir• /C II'4 III 47111 I - ,i' m _, ,,,, 12 • i OAL-5.,:. iiii • IP c/-, C. 2541 ' / Zoom to ••• i 25411% • • ,...-,1 1159 i <,,...F • 2546 • • u 10<z\---). 'rig • - 3170 , 1 11 , 2547• 30 , 318 70-3-3, •335 I pse lc>, 3 • 309 u • A.ir l'›c..,0. • . 00 ... • ... . _ •" • \ . .. . • . :11,-NIA, 111.11/31.1% 111.433411\7 il --"--!---) 6/14/2021 New Hanover County PARID: R06117-011-016-000 DRY PONDS PARTNERS LLC N/A Parcel Alt ID 313613.03.6649.000 Address Unit City Zip Code - Neighborhood CIBSO Class COM-Commercial Land Use Code 958-Unused Land Living Units 0 Acres 12.76 Zoning RB-REGIONAL BUSINESS Legal Legal Description CAMERON PROPERTIES Tax District WM Owners(On January1st) Owner DRY PONDS PARTNERS LLC City WILMINGTON State NC Country Zip 28406 THE DATA IS FROM 2021 https://etax.nhcgov.com/pt/Datalets/PrintDatalet.aspx?pin=R06117-011-016-000&gsp=PROFILEALL&taxyear=2021&jur=NH&ownseq=0&card=1&roll=... 1/1 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, October 5,2021 10:03 AM To: carter28409@yahoo.com Cc: Jason Clark(jclark@ntenaineers.com);Amy Norris (anorris@ntengineers.com) Subject: FW: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 5849-569 Certification of Trust.pdf; B2533-P0725.pdf; MB70 PG52.pdf; MB70 PG59.pdf Mr. Carter, I am going through the master permit(SW8 960820/Barclay Place)today. If I am understanding the email chain below it sounds like the current permittee(IG Wilmington, LLC) is leasing the land. Below it says they"hold a leasehold estate", which from Google sounds like a long-term lease? The current owner(per BK2533/PG0725 and a series of trusts) is Bruce B.Cameron IV,Trustee. So,you all want to transfer the permit from the entity leasing the land to the entity that owns the land. There was a recombination where some Dry Pond Partners, LLC land was added (MB 70 at Page 59) but Bruce B.Cameron IV,Trustee still owns the land where the pond is located (Parcel ID Rip• . i! 1--7 06117-011-019-000), Ill. 4 42`57 41:54 1 .r'i-t__ik __\.7.onvn." ,a• - sin s 7,\ .=". -_:•_••-l-4 s • : _ - y 33741 3784 X • 4 i r-- -a-;■ ■ 1, s • _ t1B .143 111 • • 1E' - '' djoill.143 •15! . . . a fr ,. rr r�35. • - 3 till v . -, PBro0W #1~2 r r �! 4 1 / �k fof E AX__D ' /6Bi f} 1 + 7647■ ■ 1.-e�-;��•-� �e - . �s - ryif} �4 +s 'i . • - ,•3 0 • 3i••• nil •� r 3*3 r This is as shown on the application as well. I just want to make sure that I am understanding this correctly. In my experience with long-term leases,the lease often gives development/construction rights to the tenant. Then the tenant would get the permit as a lessee as shown in the third option below on the application. If that were true in this case then the tenant is already the permittee and there would be no need to transfer the permit. 1 PROPOSED FERMI-TEE INFORMATION 1- The proposed perrnittee In the: ® Property owner(Also complete Part F-) ❑ Horne Owners Association(HOA),Property Owners Association(POA),or Unit Owner Association (UOA)(Also cornpete Part F) ❑ Lessee-Attach a copy of the lease agreement Both the lessee and the property o.seer mall appear on the permit as co-pernuttees. if the lease is terminated, responsrbarty for the perm!mists to the property currier (Also complete Parts F&G.) ❑ Purchaser-Attach a copy of the pending sales agreement The pelmet will require a:.tmen:on of a copy _ of the recorded deed after the purchase has taken place.lT the purchase agreement is canceN d the permit reverts to the property owner. (Also complete Parts F&G.) • 0 Developer-Attach a copy of the development agreement Both the developer and the property ewrer wall appear on the permit as co-perrnittees. If the development agreement is marinated.resoonsdnigy for the permit reverts to the property owner. (Also complete Parts F&G.) 2_ Proposed permittee name(check one of the tollowng and provide the namep Corporation,LLC.Partnership,Municipality name• Bruce B.Cameron R$vocebls Trust acessmant dined (MOW 1. 1992_as amended artdistdted AND Dry PondPartrierrs LLC Please advise. Thanks, Kelly k liujokV1.S0lit Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent: Monday,August 9, 2021 3:52 PM To: carter28409@yahoo.com Cc:Jason Clark(jclark@ntengineers.com)<jclark@ntengineers.com>;Amy Norris(anorris@ntengineers.com) <anorris@ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2 Lots 1, 2 &3- N&T#20055(SW8 960820,SW8 210311, SW8 201312,SW8 210313) Mr. Carter, This is a lot of information to digest before it is all resubmitted. Please coordinate with Jason to arrange for the resubmittal. SW8 960820(master permit): i don't remember the details of who owns land under the trust off the top of my head. But, it sounds like there is a trust between Scott C.Sullivan and Bruce B. Cameron, IV and Dry Pond Partners, LLC is "related to"that trust. If Dry Pond Partners, LLC owns land covered by the permit then please clarify how that entity is"related to"the trust in the resubmittal package. IG Wilmington, LLC must be an additional owner of the land. Under this arrangement it seems that there would be three landowners; 1.)Sullivan/Cameron trust, 2,.) Dry Pond Partners, LLC 2 and 3.) IG Wilmington, LLC. If there are three entities involved, please ensure that someone with signature authority for each entity signs the various forms if you have not already. SW8 210311,SW8 201312&SW8 210313 (new offsites): This sounds like it will be more straightforward. I will go through it when it arrives. Thanks, Kelly KeLL.uJoilinsov. Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Mark Carter<carter28409@vahoo.com> Sent: Monday,August 9, 2021 3:21 PM To:Johnson, Kelly<kellv.p.iohnsonOncdenr.gov> Subject: Re: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3-N&T 420055(SW8 960820,SW8 210311, SW8 201312,SW8 210313) CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly I just left you a voice mail. Jason Clark suggested that I reach out to you directly to discuss the ownership/deed matters. Here is what I provided him on the master permit renewal. SW8 960820 The July 8, 2009 renewal application identifies the drainage area as approximately 39 acres located at 2650 Shipyard Blvd. The permit holder as follows: Bruce Cameron and IG Wilmington, LLC On July 8, 2009, the fee title to the 39 acres (See Book 2533, Page 725 Tract B, plus some minor correction deeds) was owned as follows: Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry 3 At the same time, IG Wilmington, LLC held and continues to hold a leasehold estate in approximately 26.24 acres of the property covered by the permit including the pond (Now, Parcel ID R06117-011-019-000). Bruce B. Cameron, the trustee, died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron, IV became the successor trustees of the trust (See Certification of Trust recorded in Book 5849, Page 569). The original trust is still in existence, only the trustee(s) have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners, LLC which is related to the trust. OFFSITE PERMITS On the Offsite permits, both lots are part of the acreage which is described in the three deeds that were submitted with the offsite permits. The legals are the same in all three deeds (they convey undivided interests). The legal in the three deeds includes the two lots, the access easement, a lot on Longstreet (MB 70 PG 52), the the acreage which was added to the above referenced recombination plat recorded in MB 70 at Page 59. There are no deeds for the two individual lots or recorded plat (except as shown on MB 70 at Page 59). I have attached the recorded documents listed above except for the three deeds to Dry Pond Partners, LLC which are in the offsite applications. Please call me to discuss. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Tuesday, August 3, 2021, 10:46:26 AM EDT, Johnson, Kelly <kelly.p johnsonCcancdenr.gov>wrote: Amy, Please see below in blue. 4 Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Amy Norris<anorrisantenaineers.com> Sent: Tuesday, August 3, 2021 10:33 AM To: Johnson, Kelly <kellv.p.iohnsonancdenr.gov> Cc: Jason Clark<jclarkantengineers.com>; Hill Rogers <hillacameronco.com>; John Tunstall <jtunstalk ntenaineers.com>; carter284090yahoo.com Subject: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3-N&T#20055(SW8 960820, SW8 210311, SW8 201312, SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Kelly, Good morning. We are working through your comments for the required response packages. We need direction on a couple of your comments(see below for each in ). Barclay Place - SW8 960820 5 1. Correction to be Issued: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron, Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, LLC. This correction will be noted when the permit is issued. Please Hui- us a copy of the issued 03-31-21 Renewal Permit for our files. Attached. Please note that there was an error in who it was issued to. I inserted a comment in the file. 2. Deed [15A NCAC 02H.1045(2)(c)]: Please provide legal documentation of the property transfer of the proposed permittee. Please elaborate on what NC DEQ wants to see for the Permit Transfer. The "Recorded Certification of Trust" was provided to NC DEQ in the original Renewal / Transfer submittal package. If additional documentation is needed, this will have to come from the Attorney, Mark Carter of Morgan & Carter, PLLC. If the documentation provided shows that appropriate entity owns the land, please provide clarification from your attorney. Unfortunately, we receive a lot of different types of legal paperwork, but as an engineer I don't always know how to interpret that information. I am more familiar with receiving the deed. Barclay Place Phase 2 — Lot 1 (SW8 120311), Lot 2 (SW8 120312), & Lot 3 (SW8 120313) 5. Deeds (15A NCAC 02H.1040(4)(c)]: Three deeds have been submitted, BK5855/PG 238-246; BK 5855/PG 230-237; and BK 5855/PG 223-229. Please provide a copy of the recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. Is NC DEQ wanting us to provide the actual "Recorded Map" referenced within each of the 3 Deeds for each lot? I need to be able to line up the various deeds with the land that each one covers so that I can make sure it covers all of the land under the permit, and so that is why I asked for copies of the recorded maps. Thanks in advance for your time, Amy From: Johnson, Kelly kelly.p.iohnsonc ncdenr.gov Sent: Tuesday, June 15, 2021 2:01 PM To: Jason Clark Cc: Amy Norris; bcameronivna.cameronco.com 6 Subject: RE: [External] Barclay Place/ Barclay Place Phase 2 Lots 1, 2 &3)-N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 06 addinfo 210311_210312_210313.pdf; 2021 06 addinfo 960820.pdf Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Amy Norris <anorris©ntengineers.com> Sent: Tuesday, June 8, 2021 10:05 AM To: Johnson, Kelly <kellv.D.iohnsonCa.ncdenr.gov> Cc: Jason Clark<iclarkantengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3)- N&T#20055 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Kelly! I've discussed w/Jason &just go ahead & review what we submitted. Thanks, Amy From: Johnson, Kelly <kelly.p.johnson( ncdenr.aov> Sent: Wednesday, June 2, 2021 2:49 PM To:Amy Norris <anorrisantengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3) - N&T#20055 Amy, Any word on this? They will hit 90 days on 6/24 and so I have to get an Addlnfo out on them in the next couple of weeks. Thanks, KJ Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number 8 From:Amy Norris <anorris( ntengineers.com> Sent: Friday, May 7, 2021 8:15 AM To: Johnson, Kelly <kellv.p.iohnsonCa)_ncdenr.gov> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3)-N&T#20055 CAUTION: External email. Do not click!inks or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Kelly, Happy Friday! Hopefully we will know something next week as we are waiting on our client&the surveyor for some information. From: Johnson, Kelly <kelly.p.johnsonancdenr.gov> Sent:Wednesday, May 5, 2021 12:45 PM To:Amy Norris<anorris©ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 & 3)-N&T#20055 Hi Amy, Did you all decide what you would like to do with this? Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 9 Phone: 910.796.7335 Note Change in Phone Number From: Johnson, Kelly Sent:Thursday, April 29, 2021 11:50 AM To:Amy Norris <anorrisCcantengineers.com>; Burd, Tina J <Tina.Burdancdenr.Gov>; Hall, Christine <Christine.Halk ncdenr.gov> Cc: Jason Clark<jclarkt ntenaineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3)-N&T#20055 Hi Amy, The Renewal for Barclay Place (SW8 960820)was issued on 3/31/2020, and then a transfer application was accepted on 4/5/21. There was also a modification package to be permitted shortly after the transfer submitted at the same time. Lot 1 (SW8 210311), Lot 2 (SW8 210312) and Lot 3 (SW8 210313)were accepted on 3/26/21 with acceptance emails on 3/29/21. I can keep the SW8 960820 transfer in line and you can pick up the mod for that permit. For the other three, there are two ways to handle this since they have been logged in: 1. If you are still going to need three offsite permits I can logistically handle this by logging them as out for addinfo and you all can pick those up and re-submit. (As you know the rules now only allow for two requests for additional information. If this were to have to go to a third one, I would have to get Christine's approval for that.) 2. If you do not need three, then I can return however many you do not need. But, unfortunately those submittal fees would have to be forfeited. For either option, the mod for SW8 960820 needs to come back in with the offsite permits. (Technically the three offsites should not have been accepted until the SW8 960820 modification was accepted because those lots do not yet exist in the master permit. And, the transfer has to be done before the mod. But, that was our error.) Let me know which way you want to handle this and I can leave the files in our breezeway for pickup. Thanks, Kelly Kelly Johnson Kelly Johnson i0 Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris <anorrisantenaineers.com> Sent: Thursday, April 29, 2021 11:27 AM To: Burd, Tina J <Tina.Burdancdenr.Gov>; Hall, Christine <Christine.Halk ncdenr.aov>; Johnson, Kelly <kellv.D.iohnson1 ncdenr.gov> Cc: Jason Clark<jclarkCD.ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 -Lots 1, 2 &3)-N&T#20055 Thanks for the info Tina& I'll wait to hear from Kelly! It doesn't matter now, but I didn't receive the acceptance e-mails (maybe they were sent to the Engineer). From: Burd, Tina J <Tina.Burdancdenr.Gov> Sent: Thursday, April 29, 2021 11:19 AM To:Amy Norris<anorrist ntenaineers.com>; Hall, Christine <Christine.Hallt ncdenr.gov> Cc: Jason Clark<jclarkOntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 & 3) - N&T#20055 These have already been assigned to Kelly Johnson and she will be in touch with you regarding the projects. An acceptance email was sent to you on March 29, 2021. Tina Burd From:Amy Norris[mailto:anorrisCcantengineers.com] Sent: Thursday, April 29, 2021 11:10 AM To: Hall, Christine<Christine.Hallc ncdenr.gov>; Burd, Tina J <Tina.Burd@ncdenr.Gov> Cc: Jason Clark<jclarkt ntengineers.com> Subject: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 &3)-N&T#20055 Importance: High 11 Christine &Tina, We submitted 4 packages to NC DEQ (you received by FedEx on 03-26-21) on the subject projects. To date, I do not believe we have received any acceptance a-��ails. We need to come pick up these 4 packages, as we just had the City of Wilmington TRC meeting and they are requiring a recombination of some lots. Due to the recombination, our applications and plans will change. Please advise when we can pick these up &how. Thanks, Amy Amy S. Norris Office Manager/ Executive Administrative Assistant NORRIS TUNSTALL —CONSULTING ENGINEERS P.C.— 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604(F) anorris(a.ntenaineers.com www.ntenciineers.com Hours: M-Th 8:00 AM 5:30 PM & Friday 8:00 AM Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc.in the preparation of such data. 12 Johnson, Kelly From: Jason Clark <jclark@ntengineers.com> Sent: Tuesday, October 5, 2021 10:59 AM To: Johnson, Kelly;Amy Norris Cc: carter28409@yahoo.com Subject: Re: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) CAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly, Yes. That BUA table appears correct. The Phase 2 Development was originally on what was Lot 3. The city required Lot 3 to be recombined with Phase 1 of Barclay so that Barclay 1 and 2 are on the same tract and within the SW8 960820 Permit. Lot 3 no longer exists and that package can be returned. Please let me know if you have any other questions. Thanks, T.Jason Clark, PE NORRIS &TUNSTALL CONSULTING ENGINEERS P.C.— 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 1910-343-9604 (F) jclarkantengineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM—Noon From: "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> Date:Tuesday, October 5, 2021 at 10:49 AM To:Jason Clark<jclark@ntengineers.com>, Amy<anorris@ntengineers.com> Cc: "carter28409@yahoo.com" <carter28409@yahoo.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 & 3- N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Jason, Can you please confirm that the data in the table below(and attached in Excel) is the intended BUA allocation for SW8 960820? The deed restrictions have three lots, but the narrative has two? The"future" in the application package seems to be consistent at 461,466sf. The re-submittal application for Lot 3 (SW8 210313)says that that lot does not exist anymore, and so I believe you all would like me to return that application? t SWB 960820-impervious Arse Master Table Offsite Offsite Facility Name Permit 10,131119981 8 Modification Permit Renewal 7/B/2909 Date TBD Number Renewal 3/31/2321 Total: 1,299,965 1,289,965 sf Onsite: 1,053,000 1,014,419 sf Permitted 702,000 552,953 sf Future 45 0 ? 463,466 sf Offsite Lots: 236,965 275,546 sf Lot 1 S8 210311 Barclay Place Phase 2-Lot 1 109,770 109,770 sf Lot 2 5W8 210312 Barclay Place Phase 2-Lot 2 127,195 123,892 sf Longstreet Place Lot 1 TBD TBD 0 41,884 sf 'The fsale did riot break out the 702,CD0sf of imperious area per land use. 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' •1r rrt, 11M1ALI r Nut f.:. `� AMP 1 R POND a' S6 Piro 11 51 U 9i 41' dn.- pen•pu Tlr t.41 111 ". 114T ffir t $174.aun � a.e M pripltT�� co v410.114r"la.r l 5 3'5 DOI714} �/1 M- (fa • •, Thanks, Kelly K 1,1, j oli wsovi, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent:Tuesday, October 5, 2021 10:03 AM To:carter28409@yahoo.com Cc:Jason Clark(jclark@ntengineers.com)<jclark@ntengineers.com>;Amy Norris(anorris@ntengineers.com) <anorris@ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3- N&T#20055 (SW8 960820,SW8 210311, SW8 201312, 5W8 210313) 3 Mr.Carter, I am going through the master permit(SW8 960820/Barclay Place)today. If I am understanding the email chain below it sounds like the current permittee(IG Wilmington, LLC) is leasing the land. Below it says they"hold a leasehold estate", which from Google sounds like a long-term lease? The current owner(per BK2533/PG0725 and a series of trusts) is Bruce B.Cameron IV,Trustee. So,you all want to transfer the permit from the entity leasing the land to the entity that owns the land. There was a recombination where some Dry Pond Partners, LLC land was added (MB 70 at Page 59) but Bruce B. Cameron IV,Trustee still owns the land where the pond is located (Parcel ID R06117-011-019-000). ■ i _�1ca, "' _. � °t�1ni`\' ' a • i • • . a 2.6 44/7, :;741 • II-------' a 4 • Illik e `fir N ; ��r: e' a a6 . q }.-714 • r 16 � - ■S liar . , ,� • - - 1211 :fib.• - - yr— -- 1ta6 ` (t of 4) IP —. X. t1 ~ _.. If. �'I • • -- _ 1 v a": Parcels •1 lie e2 ?121 '‘. 1 . . ._ J ?tie a••lb li • � x . Ck fqr . y y, • 4. li __ •4' r,� 4„._,:i,. v .L !rm.. This is as shown on the application as well. I just want to make sure that I am understanding this correctly. In my experience with long-term leases,the lease often gives development/construction rights to the tenant. Then the tenant would get the permit as a lessee as shown in the third option below on the application. If that were true in this case then the tenant is already the permittee and there would be no need to transfer the permit. 1. The proposed permit!'"1e the: ® Property owner(Also complete Part F) ❑ Home Owners Aseoclation(HOA),Property Owners Aieocietton IPOA),or Unit Owner (110A)(Also complete Part F) Lessee-Attach a copy of the lease agreement.Both the lessee and the property craw we wear ore the permit as co-permittees. If the lease is terminated, respotisrbday for the perm!reverts to the property • owner (Also complete Parts F a G,) ❑ Purchaser-Attach a copy of the pending sales agreement The permit Will require submission d a copy of the recorded deed after the purchase has taken place. if the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F i G) O Developer-Attach a copy of the development agreement-Both the developer and the property~sr wit appear on the permit as cv-perrrmittees. If the development agreement is terminated responsr6My kw: du permit reverts to the property owner. (.also complete Parts F d G.) i 2. Proposed p"nnittee awns(check one of the rotiowrng and provide the mine) ® Corporation.LLC. Partnership,Municipality name Bruce B.Cameron RewoCabie Tram aelee'w t dew October 1.1992 as aided and metaled AND Dry Ppnc Partners.LLq Please advise. 4 Thanks, Kelly ► .eL� jolnwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent: Monday,August 9, 2021 3:52 PM To:carter28409Cavahoo.com Cc:Jason Clark(jclark@ntengineers.com)<jclark@ntengineers.com>;Amy Norris(anorrisC@ntengineers.com) <anorris@ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2 &3-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Mr. Carter, This is a lot of information to digest before it is all resubmitted. Please coordinate with Jason to arrange for the resubmittal. SW8 960820 (master permit): I don't remember the details of who owns land under the trust off the top of my head. But, it sounds like there is a trust between Scott C.Sullivan and Bruce B.Cameron, IV and Dry Pond Partners, LLC is"related to" that trust. If Dry Pond Partners, LLC owns land covered by the permit then please clarify how that entity is"related to" the trust in the resubmittal package. IG Wilmington, LLC must be an additional owner of the land. Under this arrangement it seems that there would be three landowners; 1.)Sullivan/Cameron trust,2,.) Dry Pond Partners, LLC and 3.) IG Wilmington, LLC. If there are three entities involved, please ensure that someone with signature authority for each entity signs the various forms if you have not already. SW8 210311,SW8 201312 &SW8 210313 (new offsites): This sounds like it will be more straightforward. I will go through it when it arrives. Thanks, Kelly K.eI.L JoiwsOw Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 5 Note Change in Phone Number From: Mark Carter<carter28409@vahoo.com> Sent: Monday,August 9, 2021 3:21 PM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Subject: Re: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3- N&T#20055(SW8 960820,SW8 210311, SW8 201312,SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly I just left you a voice mail. Jason Clark suggested that I reach out to you directly to discuss the ownership/deed matters. Here is what I provided him on the master permit renewal. SW8 960820 The July 8, 2009 renewal application identifies the drainage area as approximately 39 acres located at 2650 Shipyard Blvd. The permit holder as follows: Bruce Cameron and IG Wilmington, LLC On July 8, 2009, the fee title to the 39 acres (See Book 2533, Page 725 Tract B, plus some minor correction deeds) was owned as follows: Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry At the same time, IG Wilmington, LLC held and continues to hold a leasehold estate in approximately 26.24 acres of the property covered by the permit including the pond (Now, Parcel ID R06117-011-019-000). Bruce B. Cameron, the trustee, died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron, IV became the successor trustees of the trust (See Certification of Trust recorded in Book 5849, Page 569). The original trust is still in existence, only the trustee(s) have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners, LLC which is related to the trust. OFFSITE PERMITS On the Offsite permits, both lots are part of the acreage which is described in the three deeds that were submitted with the offsite permits. The legals are the same in all three 6 deeds (they convey undivided interests). The legal in the three deeds includes the two lots, the access easement, a lot on Longstreet (MB 70 PG 52), the the acreage which was added to the above referenced recombination plat recorded in MB 70 at Page 59. There are no deeds for the two individual lots or recorded plat (except as shown on MB 70 at Page 59). I have attached the recorded documents listed above except for the three deeds to Dry Pond Partners, LLC which are in the offsite applications. Please call me to discuss. Sincerely, Mark F. Carter Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 PO Drawer 59 Wilmington, NC 28402 910-763-3666 ext 28 phone 910-251-9562 fax On Tuesday, August 3, 2021, 10:46:26 AM EDT, Johnson, Kelly <kelly.p.johnsont ncdenr.gov>wrote: Amy, Please see below in blue. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension 7 Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorrisCaZntengineers.corn> Sent: Tuesday, August 3, 2021 10:33 AM To: Johnson, Kelly<kellv.p.iohnsonancdenr.gov> Cc: Jason Clark<jclark( ntenaineers.com>; Hill Rogers<hillacameronco.com>; John Tunstall <jtunstallc ntenaineers.com>; carter28409Avahoo.com Subject: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3- N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify Send all suspicious email as an attachment to Report Spam. Kelly, Good morning. We are working through your comments for the required response packages. We need direction on a couple of your comments (see below for each in red). Barclay Place - SW8 960820 1. Correction to be Issued: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron, Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, LLC. This correction will be noted when the permit is issued. Please PDF us a copy of the issued 03-31-21 Renewal Permit for our files. Attached. Please note that there was an error in who it was issued to. I inserted a comment in the file. 2. Deed [15A NCAC 02H.1045(2)(c)]: Please provide legal documentation of the property transfer of the proposed permittee. Please elaborate on what NC DEQ wants to see for the Permit Transfer. The "Recorded Certification of Trust" was provided to NC DEQ in the original Renewal / Transfer submittal package. If additional documentation is needed, this will have to come from the Attorney, Mark Carter of Morgan & Carter, PLLC. If the documentation provided shows that appropriate entity owns the land, please provide clarification from your 8 attorney. Unfortunately, we receive a lot of different types of legal paperwork, but as an engineer I don't always know how to interpret that information. I am more familiar with receiving the deed. Barclay Place Phase 2 — Lot 1 (SW8 120311). Lot 2 (SW8 120312), & Lot 3 (SW8 120313) 5. Deeds (15A NCAC 02H.1040(4)(c)]: Three deeds have been submitted, BK5855/PG 238-246; BK 5855/PG 230-237; and BK 5855/PG 223-229. Please provide a copy of the recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. Is NC DEQ wanting us to provide the actual "Recorded Map" referenced within each of the 3 Deeds for each lot? I need to be able to line up the various deeds with the land that each one covers so that I can make sure it covers all of the land under the permit, and so that is why I asked for copies of the recorded maps. Thanks in advance for your time, Amy From: Johnson, Kelly kellv.p.johnsonancdenr.aov Sent: Tuesday, June 15, 2021 2:01 PM To: Jason Clark Cc: Amy Norris; bcameroniv(dlcameronco.com Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 & 3) - N&T#20055(SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 06 addinfo 210311_210312_210313.pdf; 2021 06 addinfo 960820.pdf Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly 9 Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris centenaineers.com> Sent: Tuesday, June 8, 2021 10:05 AM To: Johnson, Kelly<kellv.D.iohnsonancdenr.gov> Cc: Jason Clark<jclarkc ntenaineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3) - N&T#20055 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Kelly! I've discussed w/Jason &just go ahead &review what we submitted. Thanks, Amy From: Johnson, Kelly <kelly.p.johnson(ancdenr.aov> Sent: Wednesday, June 2, 2021 2:49 PM To: Amy Norris <anorrisantenaineers.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2 - Lots 1, 2&3)- N&T#20055 10 Amy, Any word on this? They will hit 90 days on 6/24 and so I have to get an AddInfo out on them in the next couple of weeks. Thanks, KJ Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorrisOntengineers.com> Sent: Friday, May 7, 2021 8:15 AM To: Johnson, Kelly <kellv.o.johnsonc ncdenr.gov> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3)- N&T#20055 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report SG Kelly, Happy Friday! Hopefully we will know something next week as we are waiting on our client&the surveyor for some information. it From: Johnson, Kelly <kelly.o.iohnson( nodenr.gov> Sent: Wednesday, May 5, 2021 12:45 PM To:Amy Norris <anorrisAntenaineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3) - N&T#20055 Hi Amy, Did you all decide what you would like to do with this? Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From: Johnson, Kelly Sent: Thursday, April 29, 2021 11:50 AM To:Amy Norris <anorrisantengineers.com>; Burd, Tina J <Tina.Burdancdenr.Gov>; Hall, Christine <Christine.Hallancdenr.gov> Cc: Jason Clark<jclarkCd_)ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 -Lots 1, 2 &3) - N&T#20055 Hi Amy, 12 The Renewal for Barclay Place(SW8 960820)was issued on 3/31/2020, and then a transfer application was accepted on 4/5/21. There was also a modification package to be permitted shortly after the transfer submitted at the same time. Lot 1 (SW8 210311), Lot 2(SW8 210312) and Lot 3 (SW8 210313)were accepted on 3/26/21 with acceptance emails on 3/29/21. I can keep the SW8 960820 transfer in line and you can pick up the mod for that permit. For the other three, there are two ways to handle this since they have been logged in: 1. If you are still going to need three offsite permits I can logistically handle this by logging them as out for addinfo and you all can pick those up and re-submit. (As you know the rules now only allow for two requests for additional information. If this were to have to go to a third one, I would have to get Christine's approval for that.) 2. If you do not need three, then I can return however many you do not need. But, unfortunately those submittal fees would have to be forfeited. For either option, the mod for SW8 960820 needs to come back in with the offsite permits. (Technically the three offsites should not have been accepted until the SW8 960820 modification was accepted because those lots do not yet exist in the master permit. And, the transfer has to be done before the mod. But, that was our error.) Let me know which way you want to handle this and I can leave the files in our breezeway for pickup. Thanks, Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number 13 From:Amy Norris <anorris(cantengineers.com> Sent: Thursday, April 29, 2021 11:27 AM To: Burd, Tina J <Tina.Burdancdenr.Gov>; Hall, Christine<Christine.Halk ncdenr.aov>; Johnson, Kelly <kelly.a.ioh nson(cancden r.aov> Cc: Jason Clark<jclarkCcantenaineers.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2-Lots 1, 2 &3)- N&T#20055 Thanks for the info Tina& I'll wait to hear from Kelly! It doesn't matter now, but I didn't receive the acceptance e-mails (maybe they were sent to the Engineer). From: Burd, Tina J <Tina.Burdancdenr.Gov> Sent: Thursday, April 29, 2021 11:19 AM To:Amy Norris <anorris(cmntengineers.com>; Hall, Christine<Christine.Hallancdenr.gov> Cc: Jason Clark<jclark(cD.ntenaineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 & 3) -N&T#20055 These have already been assigned to Kelly Johnson and she will be in touch with you regarding the projects. An acceptance email was sent to you on March 29, 2021. Tina Burd From: Amy Norris[mailto:anorrist ntenaineers.coml Sent: Thursday, April 29, 2021 11:10 AM To: Hall, Christine <Christine.Hall(ci),ncdenr.aov>; Burd, Tina J <Tina.Burdancdenr.Gov> Cc: Jason Clark<iclarkt'cantengineers.com> Subject: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 &3)-N&T#20055 Importance: High Christine &Tina, We submitted 4 packages to NC DEQ (you received by FedEx on 03-26-21) on the subject projects. To date, I do not believe we have received any acceptance e-mails. We need to come pick up these 4 packages, as we just had the City of Wilmington TRC meeting and they are requiring a recombination of some lots. Due to the recombination, our applications and plans will change. Please advise when we can pick these up & how. Thanks, 14 Amy Amy S. Norris I Office Manager/ Executive Administrative Assistant NOBS &TUNSTALL —CONSULTING ENGINEERS RC. 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604 (F) anorris@ntengineers.com www.ntengineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM—Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. in the preparation of such data. 15 A kc\c-b *' \)PA NORRIS & TUNSTALL C "" ) CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910) 287-5900 (910) 343-9604 Fax (910) 287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K.Bland,P.E. Robbie P. Hennelly,E.I. Thomas J.Scheetz,E.I. August 19, 2021 Ms. Kelly Johnson, Environmental Engineer NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit SW8 960820 Barclay Place 2650 Shipyard Boulevard Wilmington, NC N&T Project No. 20055 Dear Ms. Johnson: Pursuant to your June 15, 2021 Request for Additional Information and Notice of Inspection letter, we offer the following responses. 1. Correction to be Issued: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron, Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, LLC. This correction will be noted when the permit is issued. Vesponse: Noted. Attached is the revised State Stormwater Permit Transfer Application. 2. Deed [15A NCAC 02H.1045(2)(c)j: Please provide legal documentation of the property transfer of the proposed permittee. Response: All of these areas are within the Deeds provided. A new Recombination Map was recorded in July of this year (MB 70 Page 59). This plat map Q` shows that Phase 1 and 2 of Barclay and the Stormwater Pond are owned by Bruce B. Cameron Trustee and Dry Pond Partners, LLC. The developer's Attorney has included Delegation of Co-Trustee Powers to show that the permittee as "Bruce B. Cameron Revocable Trust agreement dated October 1, 1992 as amended and restated" and the signatory as "Bruce B. Cameron, IV, Trustee". ECE VE AUG 2U2 Ui SY: Ms. Kelly Johnson/NC DEQ Stormwater August 19, 2021 Page 2 Also enclosed is the Dry Pond Partners, LLC Consent Resolutions showing that both Scott Sullivan and Bruce B. Cameron, IV are Managers with authority to sign. With the direction of Mark F. Carter, Attorney for the developers and with the above it is now shown that the Permittee's of the subject projects are both "Bruce B. Cameron Revocable Trust agreement dated October 1, 1992 as amended and restated and Dry Pond Partners, LLC". 3. Compliance Inspection: On May 28, 2021, the DEMLR inspected the subject project to determine the status of compliance with this permit, last issued on March 31, 2021. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection Report" summarizing the findings of the recent inspection is attached to this letter. Response: Noted. 4. Permit Modification: A. Minor Modification: Check number 1350 in the amount of $505 was submitted for this modification. It will be returned because this application can be processed as a minor modification, which does not require a fee. Response: Noted. B. Bearings/Distances [15A NCAC 02H.1042(2)(g)(ii), .1002(15), and .1002(38)]: Please show the bearing/distance lines for the entire outline of the lots that are subdividing. Response: Bearing and distance lines are show for the entire outline of the lots as they have been recombined. C. Easements [15A NCAC 02H.1042(2)(g)(vi), .1042(2)(1), .1050(8), and .1050(9)]: 1. Please provide and identify an access and drainage easement along the stormwater collection systems and to provide access to the SCMs. Kesponse: All areas outside of the buildings in Phase 1 and Phase 2 are considered Common Areas and all Common Areas are considered Drainage Easements. The drainage from Lots 1 and 2 will be conveyed down the existing storm drainage system in the Southhall Drive Access Easement. This easement ends within the Phase 1 development and at that point the area is common area and therefore drainage easements. Once approved by the City and State, the maps NCBELS License C-3641 Ms. Kelly Johnson/ NC DEQ Stormwater August 19, 2021 Page 3 for Phase 1, Phase 2, and Lots 1 and 2 will be re-recorded to show the new Utility Easements and the Common Areas. Note also, the Stormwater Pond in Phase 1 is within Common Area / Drainage Easement. 2. Every portion of the stormwater collection system stormwater control measure (SCM) installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements as well as the utility and drainage easements on the plans, if necessary. These shall have a minimum width of 10 feet, slopes that do not exceed 3:1, and extend to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the SCMs. Response: All areas outside of the buildings in Phase 1 and Phase 2 are considered Common Areas and all Common Areas are considered Drainage Easements. The drainage from Lots 1 and 2 will be conveyed down the existing storm drainage system in the Southhall Drive Access Easement. This easement ends within the Phase 1 development and at that point the area is common area and therefore drainage easements. Once approved by the City and State the maps for Phase 1, Phase 2, and Lots 1 and 2 will be re-recorded to show the new Utility Easements and the Common Areas. Note also, the Stormwater Pond in Phase 1 is within Common Area / Drainage Easement. D. Retaining Wall [15A NCAC 02H.1042(2)(g)(iv)]: The plans note that the provided retaining wall will be designed by others. Please provide the engineered design of this retaining wall, including final grades, to demonstrate the intended grading plan and support the delineated drainage areas. Response: 1.) 1807.2.4 Retaining Systems Adjacent to Structures: Retaining systems less than 5 feet (1524 mm) in cumulative vertical relief and adjacent to a structure located closer than the vertical relief shall be designed under the responsible charge of a registered design professional. 2.) 1807.2.5 Retaining Systems: Retaining systems providing a cumulative vertical relief greater than 5 feet (1524 mm) in height within a horizontal separation distance of 50 feet (15 m) or less, including retaining walls or mechanically stabilized earth walls, shall be designed under the responsible charge of a registered design professional. NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater August 19, 2021 Page 4 3.) The proposed retaining wall doesn't meet these requirements. The proposed retaining wall is at most 3 feet high. Please see schematic detail on Plan Sheet C3. E. Clarification: Since Lot 3 will be covered by SW8 210313, please do not show the details of what will be built on that lot on the SW8 960820 plans. Please provide a list of plan sheets that will cover SW8 960820. Response: After the recombination of the tracts was required by the City, Lot 3 no longer exists. In the previous submittal, Lot 3 was where most of Phase 2 was being developed. Phase 2 is now a part of the overall Barclay Place Permit SW8 960820. Phase 1 and 2 are within SW8 960820 Permit. If you should have deed or documentation questions for the ownership issues please contact Mark Carter, Attorney. Mark F. Carter, Attorney Morgan & Carter, PLLC P.O. Drawer 59 Wilmington, NC 28402 910-763-3666 (Ext. 28) E-Mail: carter284090,vahoo.com Enclosed for your continued review and approval are two (2) sets of revised plans, the revised calculations, the revised State Stormwater Permit Transfer application, the revised State Stormwater application and Deed Restriction Form, the executed Delegation of Co-Trustee Powers, the executed Consent Resolution for Dry Pond Partners, LLC, and one (1) CD (PDF of the complete submittal). Please let us know if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. . Utk\ T. Jaso Clark, P. E. TJC/asn 20055 08-19-21-s-sw-minor mod-response-Ifr(Barclay 1 &Transfer) Enclosures NCBELS License C-3641 STORMWATER SYSTEM & EROSION CONTROL CALCULATIONS BARCLAY PLACE PHASE 2 2545 Croquet Drive Wilmington, North Carolina For • Dry Pond Partners, LLC P.O. 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'�Tt ''r -,,A.-,,A.,„, ; ‘V POND DRAINAGE ATTACHMENT 1 Barclay - SW8 960820 PERMIT DETAILS TOTAL DRAINAGEAREA:1 1,698,840 ISF 39 AC TOTAL IMPERVIOUS:I 1,289,965 1SF I 29.61 AC POND DA TOTAL AREA IMPERVIOUS ALLOTMENT (SF) (AC) ,. .. (AC) ON SITE PHASE 1 and 2: 1354637 31.10 1,014 412,,..)23.29 OFF-SITE LOT 1: 136983 3.14 109,770 2.52 UNCHANGED FROM PREVIOUS PERMIT OFF-SITE LOT 2: 154865 3.56 123,892 2.84 80%-ALLOTTED OFF-SITE LOT 1(Longstreet): 52355 1.20 41,884 0.96 80%-ALLOTTED TOTAL 1698840 39.00 1289965 29.61 Ic\c &. s : a-!'RARE. 161l 'LC - ts NC_ (70 aF 4/14 Ng fp Aires (4 rau) • is:;931 F , i! . | _ ■ - }& ■■, \..... § �,eoof -g Dl ' 2n2 �� ` ..mgg B■ V 1 ER4 z | . B E) § . . , 5 | a z .- . ; a,a %..... © ■` . A „ 0 ^k ;§ § § g$$$ .g -- §B -$§��� 7 gll '4 �t ■ - 11 _2B = ( Ea E?� ] § • �k a- - egg g n 2ii gn B § 4 .4 PA— ( 1� ` | k ' 1 ?g g ` | $— — s § E| • :6' 8 / I§ | .± ±■aa, , Q . ■,a, ■ .. . ..■ ;..„„. 5 ■ §§` k k ;■- 0 k 3m;§§ # E a - ar, §kkG� E,.'" : ■ - .a? § kP 7 k . © . - 1 §RE . § - " , g � .itr 1 .2 M n E ! 7A8 i n k 1 ' ■ III 21W • 0 ; II • §2 1 1 0§ § m ■■ &. ■,li ( kgs! . K ... g k - a § �$§§ g82 - . �f§` _ a | PROJECT Area: 264,409 SF ( Equal to Limits of Disturbance) 6.07 AC IMPERVIOUS AREAS NEW PHASE 2 ON-SITE EXISTING IMPERVIOUS TOTAL ON PHASE 2 LIMITS: 1035 SF BUILDINGS: 51,067 SF ASPHALT,CONCRETE,C&G: 79,432 SF EXISTING IMP TO BE REMOVED FROM PHASE 2 LIMITS: 1035 SF SIDEWALK: 15,298 SF EXISTING IMPERVIOUS TO REMAIN: 0 SF TOTAL: 145,797 SF PHASE 1(DUE TO PHASE 2 ADDITION) EXISTING IMPERVIOUS TOTAL IN PHASE 1: 402,199 SF SIDEWALK: 4315 SF ASPHALT,CONCRETE,C&G: 1822 SF EXISTING IMPERVIOUS TO BE REMOVED FROM PHASE 1: 1180 SF TOTAL: 6,137 SF NET CHANGE IN PHASE 1: 4957 SF NEW TOTAL PHASE 1: 407,156 SF COMBINED PHASE 1 AND PHASE 2 EXISTING IMP: 403,234 SF EXISTING TO BE REMOVED: 2215 SF EXISTING TO REAMAIN: 401,019 SF NEW IMP: BUILDINGS 51,067 SF ASPHALTC&G: 81,254 SF SIDEWALK: 19,613 SF 151,934 SF NEW LOT2(DUE TO PHASE ADDITION) EXISTING IMPERVIOUS TOTAL IN LOT2: 5405 SF SIDEWALK: 410 SF ASPHALT,CONCRETE,C&G: 7,355 SF EXISTING IMPERVIOUS TO BE REMOVED FROM LOT 2: 0 SF TOTAL: 7,765 SF NET CHANGE IN LOT 2: 0 SF TOTAL NEW IMPERVIOUS: 159,699 SF PERCENT IM P ERVIOUS OF PROJECT AREA: 60% EXISTING IMPERVIOUS TOTAL IN LOT1: 7405 SF EXISTING IMPERVIOUS TO BE REMOVED FROM LOT 1: 0 SF NET CHANGE INLOTI: 0 SF Date Design NORRIS & TUNSTALL Wilmington, NC Sheet —CONSULTING ENGINEERS RC.-- Brunswick County, NC Of Check Job 6 1 For Job No. brzclati 1- Fo• mocs-- . , 1 . . . : , . ! j_ 1 ...**,_._ ,--1 1 .:- .. Gil `ft' V" -7-1\•e. .-\\,?!:4-e L)(4,..i,"\_:,,: : -7-:...) : f;--'17*:4,S-1- i'-',:. '1.." ; )1,6 ci CY 1=1 (5life 96.0 gZc) I ! ' 1 ' • ( CA i .....L,...----r_ i l ....._,....__......---i----1— 1 ,1.,, i ,. •-(1,!cr `it *e .91:A.4, r tgooi.50 -_ 9 2 572 c..-F . I . if-era, epi 5A ,..- gas—,, K a 0 1 . 1 Otos, 57 f(00,,It 11 o‘livir 01:3 '4- IZ‘'es = 4,OW i ----1 I --,----..., . . __,,,— (--..„ 1 ih Zor A C4 1 e' I-jah (1 ; l.0 `iII e, i, e. ."-P 4- Pk‘" • • 0 , 'i I ,c/e 0- b3/0 , __S kevuirei..1 i 1 1 : • ' il a6 ' g ? • (-7 16- i , ?and Pou'irie S ----+ /2",C77 cic 6'r (S? " a6 (q644-le pe ; 7, . gA4. 3.4 ........_i____L.....„ , . itelo : i i I I-, , (Ai/I( ge,c, As t- Zr , fa CIS h . if. 1 I? (1 1 :ell 0 r t 4 tiM.et ! 1:51.d$4.ee 'TO LfAt:1 e ...1 ' 0 '• Tc‘L ..ic".. 54...,n5 al.cf-1-4- SAlt‘,..c.-fre..,e•c.. T j 4-6 P-e(hekt-1 101 a .5' (efelioti(,(., / i Poej )4P4 5 -7130 1.-Cii i-3..., pet A ;Dret_mc(54 /4/401 . •rG . . . Dholmer StLeti ot'' 12-Lt5"71CF • .• , • , , : . 1 , Date Design NORRIS & TUNSTALL Wilmington, NC Sheet 5-25-1( --ler --CONSULTING ENGINEERS P.C.— Brunswick County, NC of Check Jo For Job No. i C)-7-5 I ac3 Oe C.t- ' Pe ' 4 Ad'• + 4-0 I 6 .i , S vv its trceytid ')1 ' ek te., C“ IA- , IC' C I 1 i‘A A Pere,,i'i k4-ai LA(&GE. I ! , : . 1 I 1 ' , i , —,--' , , 6 , , - 1 ''' Q_jeue. opev-\cr-v. 04)f.- 241...fickeui .7-ntiuoteL /Y-4 ( t-iFerce- Co.f\s-t-ri,( -1 4771.4.iir,cc. ,' 1 To----64 ri.s..6"Aaed Aree, s .=.- &or/ Ac_ , ! Iili 1 (1 62/ Xc. >KE sir wie qco-efl Lme 176;'kiln , . ,...:,r , I , i 2e (ocalf-ed Di-1--/---\ iS +0 Z,e S-.1 ; (z.z_ cit# levifrifed;-6i-(dy !Act--e. '.....C.- (0,,iti,,31 ..' 's d. 7e, (-I- F'erte,_e.,.' ir .:c Ptroseee" , ir 1 4( /- 1 !LIAC 1 - -i,-6 -6 1) 4): - • A e ...1-,e+t,k,5 11-4- --r—k1 el 4,, :,c.-i-1, ! 1-R‘1-5 - '4- h '4 S E-r; 41)15 Cey 0\‘ji SL) ( 461‘'''L in'F '` ri :( tie. CoiivoT Pkicc. EC- ii'lecA_Scvt.-E' m, - vf) f-quo P.c4-"et\(idly ( iO4.C...1t. i ty_.of rect,A-t Pect (4-iei. I ' i Afe. ,,,---- 559c, c...,e_c( (....-,;-iii, 4 c,,,40,0. s M fit i gy• .-:-.:-- 1 ti iF 19-r. rrC e 0 -: ( ' ,h 1 e :k,'fi" 4/21r- C ( l'i';?1 i i', e 1, — — 1.-J I I Cip..3r6 C,...- . , ",..4 AO 0 / ?„-e,"4:;-C.• +It, C. !"-j-e . . . 1 . ga..214.%2.--: Calculate Skimmer Size Basin Volume in Cubic Feet I 124,577 Cu.Ft Skimmer Size 6.0 Inch Days to Drain* i 3 Days Orifice Radius 2.7 inch[es] Orifice Diameter 5.4 inch[es] 'In NC assume 3 days to drain Estimate Volume of Basin Length Width Top of water surface in feet Feet VOLUME 0 Cu.Ft. Bottom dimensions in feet Feet Depth in feet Feet „ .�,;i ,�„a,,,,, w, a; ;;"qi ,�*,;;,,,i;iiii; ;,Jaffa^ y 1 n ,, yy i r wi-ias u ay 1� ;!� g� ■ � CKt�rGm�Mb4�5M 41r.4 G zM�rwaK7r Iw�irrtFLMM 'E! f'M!i*���+� I l tN �� C q u a iE� I ,�m �711!!!��l,1+,w J11Iilf 11!111 w -r .-11.7.mln7,77777:ouNoliro--7. Pw2-.2zuw:IwNuiN ::.;44;4g4i'4 : yid!' 4,` r k r r 5,ww,a,$a�5w,fa,a,�ala 1 rar;w , ,isw„ a a, c 03 Z m : ! r ,4771.7 G ■LW °ip�?�' �F�fl ooa••r44wiMdG�yM ��IIs,.q.M 4NM�g4-z,M4'g�1-A4 ■f 1nt Fi 0 z SS” y OC y I si 1111 ill' o gi� /, any, :---T---:"§::!"! - ,�t ,, �" Ir k' s 1j/ F• •/ 'G.ars, _,l' eye _ mg: I l , jIiIi Pil :ETv / i \w$4r 1 1 Ilk liI IMP I7 1.--4(/ 1:::::-:s .*:i 4/1 I j Its 1 '( la 1� 4. \u 'ft— „' —•—Kr'-=;a y:- , illi=I — 0 1 •— a I II 1 1q g, e II 1e t 1 e /p f _ `" +f'a I III _ tly ir 'I 4Lr /ri ! i , I'L. Isla • I 6 1 L• le IeiI19 I li' WI IjiIi1Jt, \ 11 401 V r eAtigi 1 I 61 eh 1 lii Q v:._p-.Nf7n gj'r-�_ue_._j I u 3' 1 , �ILL y'y A 1161 Ae�}-r---- !-__ e I td € lyeeIji r. --o -- ° ■ ig i!: r 1 i._ a e .9faei�p .1 1 i \ 9i1. --- ig — — �Iy01's I l iiii y � : le tlj n jel —"-0_ 1� y r I e if sh e . Jift 1 la 1,gIliltl IiIihi'L >s Irill 11:: t. j j .ali 1 i 1!...w,c,.. 7. -.31 i i i it.,...7..?" i i ..1 lit 1 i 1 i 1 ., = \ III ' i i � �� ,,��� ���*�O I I I Ise.09rl�IIIF-- I I tilL�0 �#�lli l�Ii�l 1 TAMMY THEUSCH S�o0°J�i '"o'�a PIVER New Hanover County ;• ,, 0 i. Register of Deeds _ / i : Register of Deeds ! r, g w 2 320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401 ti Telephone 910-798-4530 • Fax 910-798-7716 '{'46112:0'' Air,,,,,.. L. k:,,,f.„,..-:--,,. • -,-, . • ,,,„ .J„.•44.-.A. ' MIK _ . • il11- ....: . . • . ....or . . - .•. . 1 . State of North Carolina, County of NEW HANOVER Filed For Registration: 07/22/2021 02:56:05 PM Book: PLAT 70 Page: 59-60 2 PGS $21.00 Real Property $21.00 Recorder: ANGELA ENGLISH Document No: 2021036179 DO NOT REMOVE This oerti€ivation sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. r .. I BK:PLAT 70 111111111111111111111111It PG:59-60 RECORDED 2021036179 NC FEE 521.00 07-22-2021 NEW HANOVER COUNTY,NC 02:56:05 PM TAMMY THEUSCH PIPER BY:ANGELA ENGUSH REGISTER OF DEEDS DEPUTY i 9 :1001P1101911111111PPPIPUTPRO1101 QPI I i i ar -11 ::::: ::::::M? �2:3 ::: :07c�7?: :7:3: I I ada_ . 0 JiI ! i I ll a��° I 1 ?8 ' ligil _ la ,; I ' 0 JJff' 411'IIøL P. , 'qin 11 I I ., egg IIIIJ I JIft ill igh ; i ,a V8 1 ,a. ulfill a Ra ; 1I' I I f/# =4 ; 'r 19 ipt ir , 0. Ii.:F2) ; ; 1.1t. fi g 1 g . ..liGlgi gl i I' I' i !.--1'.' I [] E € Qg 1.14• i ‘i .• It I I.,s ! r. > t; ft It Nome mama wawa _ • li �a rit�l j , .1 1{ n' 1 a o 1~ i ; i pa = di -----r--- el i = - '- 6C'7►01 y p 01 - --t — K ti( 1 ' I i s �N I N V 4111111111 II Igo e I i •� ' ' �a 0ll 0 i�.ill s9 N `I li��� N �a� M. 1181 IiiINIIIP 1 11 IM L___ I i ih 1011110 e 1.1y1.11 1 iiim E—Raert 0 1--------1- N III1di1 I6 '� DRIVEMI Mk: WI 1 � ig EW/IufficKSoN ■a 5710IVwar I! ! 9 -� ! $ 1 i II1hIbi!iiiIi a f = N , tt) ligt 1 �., ,hpry,O1 1111 to ,, W i 1 Wbh f IF,5 I. Y •46, in loasC SCANNED FOR TAMMYTTHEUSCHRBEASLEY GISTER OF DEEDS 111101II 0111 I10 UII 110 9W III I Ill q� NEW HfiNOVER C3vNTY NC IIIIII IIIiIII!11VIIIl1111111111111YIIIIINI 11111 2pi4 NpV 04 0i 41 t2 PM 2e14029561 BK 5849 PG 569-572 FEE $26 00 INSWENT 1H14029561 STATE OF NORTH CAROLINA CERTIFICATION OF TRUST COUNTY OF NEW HANOVER THIS CER TJ HCAfON OF TRUST is made in lieu of the aceotdation and provision of the trust instrument,as,amended.and restated,pursuant to N . Gen. Stat. Sec.36C 10-1: 13. 1. Trust. The trust certified hereby is the trust created by a revocable trust agreement dated October 1, 1992,between Bruce B.Cameron,Grantor,and Bruce B.Cameron Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and r a... vM►saYRM++, £LYq.W,hWViYIILILil{IW11Gt AIW.. l£IWL J. 2. Settlor. Bruce B.Cameron is the settlor of the Trust. 3. Trustee. The currently acting Co-Trustees of the Trust are Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,N. The street address of the currently acting Co-Trustees is 1201 Glen Meade Road,Wilmington,North Carolina 28401. The mailing address of the currently acting Co-Trustees is P.O.Box 3649,Wilmington,North Carolina 28406. 4. Powers. The powers of the Co-Trustees,as stated in the trust agreement,as amended and restated, include,but are not limited to,the powers enumerated in North Carolina General Statutes Section 32-27(subject to General Statutes Section 32-26),and the powers enumerated in North Carolina General Statutes Section 36C- 8-815(a)(2)(which includes all of the powers set forth in Section 36C-8-816)which are incorporated in the trust agreement,as amended and restated,by reference and granted to the Co-Trustees. There is nothing in the trust agreement,as amended and restated,which restricts the above powers granted to the Co-Trustees. 5. Revocability. The Trust is irrevocable. The only person who held a power to revoke the Trust was the settlor,Bruce B. Cameron,who is now deceased. 6. Co-Trustees. Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron, N,are the only currently acting Trustees or Co-Trustees of the Trust. There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. 1 • _ 1.. Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co- Trustees hereunder and by law may be exercised by any designated Co-Trustee No court approval shall be required to any such agreement,and such agreement need not be filed with any court. 7. Taxpayer Identification Number. The taxpayer identification number of the Trust is 56-6415549. 8. Title to Trust Property. The title to the Trust property shall be held by Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV,Co-Trustees,and their successors in trust, under the Bruce B.Cameron Revocable Trust,dated October 1, 1992,as amended and restated,or in any other fashion to show the Trust as being the owner of the assets held by the Trust. 9. Status The Trust has not been revoked,modified,or amended in any manner that would cause the representations in this certification of trust to be incorrect. 10 Governing Law. The Trust is governed by the laws of the State of North Carolina. IN WITNESS WHEREOF,Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B. Cameron,IV,as Co-Trustees of the Trust,have hereunto set their hands and seals,this the 2-2-it—day of October,2014 Ir \ (SEAL) Scott C.Sullivan(also known as Scott Christopher Sullivan), Co-Trustee (SEAL) Bruce B Cameron,IV,Co-Trustee 2 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER `E ' ' D n .a Notary Public of County, North Carolina,certify that SCOTT C.SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this `-day of October,20I'2% Li' otary Public ,J�/`n` 1 _ 4� `�D µ{{NMIMryyy ESQ ��4 MF�T Printed Name of Notary Public y5 O� My commission expires: 53 h7 _} p NOTARY UBLIC v \% F? STATE OF NORTH CAROLINA P CO��0 ' nw{nu{_t COUNTY OF NEW HANOVER LA. �T; -6r-N. e �� D ' a Notary Public of County, North Carolina,certify that Bruce B.Cameron,N,Co-Trustee,personally appeared before me this day and acknowledged the due execution of the foregoing mstrument. WITNESS my hand and official seal this .ZZ of October,201X.4- Notary Pubh - _ 1 {{xmm{nr Sia_n ! ! fl M (). Printed Name of Notary Public coJ Z } NOTARY a My commission expires , � —39'4f PUBLIC c. -o 41 bC0 C. 3 oNTY. 14. 11III ��TRBl1S1{E���: TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 11/04/2014 01:41:52 PM Book: RE 5849 Page: 569-572 Document No.: 2014029561 4 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 1 � � 2014029561 STATE OF NORTH CAROLINA DELEGATION OF CO-TRUSTEE POWERS COUNTY OF NEW HANOVER THIS DELEGATION OF CO-TRUSTEES' POWERS is made pursuant to the provisions of the revocable trust agreement dated October 1, 1992,between Bruce B. Cameron, Grantor,and Bruce B. Cameron,Trustee, a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry, as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B. Cameron, Grantor, and Bruce B. Cameron,Trustee(hereinafter called the"Bruce B. Cameron Revocable Trust,dated October 1, 1992,as amended and restated"or the"Trust"). Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B. Cameron,IV, are the only currently acting Trustees or Co-Trustees of the Trust. There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement, as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co-Trustees hereunder and by law may be exercised by any designated Co-Trustee. No court approval shall be required to any such agreement,and such agreement need not be filed with any court. The Co-Trustees hereby delegate to Bruce B. Cameron,IV as Co-Trustee,and to Scott C. Sullivan,as Co-Trustee (either of which may act alone without the joinder of the other Co-Trustee)the power and authority to work with the NC Division of Energy,Mineral and Land Resources on behalf of the Trust regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington,NC) and to execute on behalf of the Trust, any and all documents, including but not limited to all applications,renewals, transfers,modifications,and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 210311 Barclay Place PH2,Lot 2—SW8 210312 The Co-Trustees further approve and ratify,any and all,prior documents executed by any one of the Co-Trustees on behalf of the Trust. IN WITNESS WHEREOF, Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B. Cameron, IV, as Co-Trustees of the Trust,have hereunto set their hands and seals,this the day of August,2021. /UZI' C • 1'L (SEAL) Scott C. Sullivan(also known as Scott Christopher Sullivan),Co-Trustee flEC EIVE AUG 2 0 2uli (SEAL) BY: Bruce B. Cameron,IV,Co-Trustee STATE OF NORTH CAROLINA DELEGATION OF CO-TRUSTEE POWERS COUNTY OF NEW HANOVER THIS DELEGATION OF CO-TRUSTEES' POWERS is made pursuant to the provisions of the revocable trust agreement dated October 1, 1992,between Bruce B. Cameron, Grantor,and Bruce B.Cameron,Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry, as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B. Cameron, Grantor,and Bruce B. Cameron, Trustee(hereinafter called the"Bruce B. Cameron Revocable Trust,dated October 1, 1992,as amended and restated"or the"Trust"). Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B. Cameron,IV, are the only currently acting Trustees or Co-Trustees of the Trust. There are no other currently acting trustees or co-trustees of the Trust and accordingly no other trustee or co-trustee is authorized or required to sign or otherwise authenticate any documents or instruments on behalf of the Trust. The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers. Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co-Trustees hereunder and by law may be exercised by any designated Co-Trustee. No court approval shall be required to any such agreement,and such agreement need not be filed with any court. The Co-Trustees hereby delegate to Bruce B. Cameron, IV as Co-Trustee, and to Scott C. Sullivan,as Co-Trustee (either of which may act alone without the joinder of the other Co-Trustee)the power and authority to work with the NC Division of Energy,Mineral and Land Resources on behalf of the Trust regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington,NC) and to execute on behalf of the Trust, any and all documents, including but not limited to all applications,renewals, transfers,modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 210311 Barclay Place PH2, Lot 2—SW8 210312 The Co-Trustees further approve and ratify, any and all,prior documents executed by any one of the Co-Trustees on behalf of the Trust. IN WITNESS WHEREOF, Scott C. Sullivan(also known as Scott Christopher Sullivan)and Bruce B. Cameron, IV, as Co-Trustees of the Trust,have hereunto set their hands and seals,this the day of August,2021. (SEAL) Scott C. Sullivan(also known as Scott Christopher Sullivan), Co-Trustee 4.- 4. (SEAL) Bruce B. Cameron, IV, Co-Trustee CA202108302515 Q�-Q�t �Y•of 44_7 SOSID: 1387928 Date Filed:3/24/2021 • r!:::„ Elaine F.Marshall LIMITED LIABILITY COMPANY ANNUAL F North Carolina Secretary of State = CA2021 083 02515 iazoi7 NAME OF LIMITED LIABILITY COMPANY: Dry Pond Partners, LLC Y_ Firing office Use Only SECRETARY OF STATE ID NUMBER: 1387928 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2021 El40 SECTION A:REGISTERED AGENTS INFORMATION ❑ • Changes 1.NAME OF REGISTERED AGENT: Scott Christopher Sullivan 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 1201 Glen Meade Road P.O.Box 3649 Wilmington,NC 28401 New Hanover Wilmington,NC 28406 New Hanover SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holding 2.PRINCIPAL OFFICE PHONE NUMBER: (910)762-2676 3.PRINCIPAL OFFICE EMA Privacy Redaction . 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS • .o-�..©- 1201 Glen Meade Road P.O.Box 3649 Wilmington,NC 28401 New Hanover Wilmington, NC 28406 New Hanover 6. Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) • NAME: Bruce Cameron , IV NAME: Jane C SullivanTrust 4/3/13 NAME: Rachel Cameron Trust 4/3/13 TITLE: Managing Member TITLE: Member TITLE: Member ADDRESS: ADDRESS: ADDRESS: P.O.Box 3649 . , P.O.Box 3649 P.O.Box 3649 Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover SECTION •CERTIFICAT N OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity. SIGNATURE DATE - , Form must be signed by a Company Official listed under Section C of This form. PYIACt. ( inroi tJ c ao�. Print or Type Name of Company Official Print or Type Ti of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned, being all the Managers of DRY POND PARTNERS,LLC, a North Carolina limited liability company ("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place (being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications, renewals, transfers, modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 210311 Barclay Place PH2,Lot 2—SW8 210312 2. The Managers further approve and ratify, any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts, each of which shall be deemed an original,hut all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. C LT/Lic) AN/ Scott Christopher Sullivan,Manager Bruce B. Cameron,IV,Manager ECE 1V Au I(; 2 0 202ti DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned,being all the Managers of DRY POND PARTNERS,LLC, a North Carolina limited liability company ("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place(being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications, renewals, transfers, modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2, Lot 1 —SW8 210311 Barclay Place PH2, Lot 2—SW8 210312 2. The Managers further approve and ratify, any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. Scott Christopher Sullivan,Manager Bruce B. Cameron, IV, Manager a 1 I_ , -) N �-� 1 5 a d � - DID 9��7 ""�p�C,C 3 1 I1�;I d�dr - w y MM �+ ;';m' ,.;;i;.,]y da d .,40q rtl 4-il ,.r.�Kw0IM�,I�+„'` �, � " �+� _ [W.i ,s I S 1 rL."'a� '� r..CG.CJRr _77� ARE-�r, R�a-�' ft'CC98vyCCCE , '- �' •���4+�4n� ••1! !� �i �•�!!!u ... !!„� u!...• a �� • 1 s >~ _ ',4 ._ „tit„1ti12,1;;" 9��i 1TIMI;11.T. , ,1,w,,1 ±,1,,,�i, „1111,1i 4 �, L7 OVG 8 s - 'd e M +u d14dL[d+ et. mac+- � .+ 4+ �er,Re+ w.ser � O . o N ° . 110 1i1. 1 11111 ----__ „ .., ,— — — 116 ; �i A. a' a, n°Y 1,a4i / m"� ! ..R •1 �r g9 il / I / , _/= "'""� �' "- ` [iE.gYj `ns ice. a,ry aM1la 1, o �/litIer/ � � % 101 `— ! :"-. , iIAEI li/' , . i Zia 11 / �1 i :::: ' M� rt y R r / R g �;,`t �.... _� 1 �'�'---- �-------�'- a i" ,g�:r♦ \ 1ie 18, --L i' MO :11Lii id'1\ �•/'" Sr1.� o$ 1 tl°1 !1 ji1 at \ `•.f it � a g 9� 1p r 1 1 ! '-{---1 T A )4 44.*, g7m A ' ° {� g111 it ge 1 . 1 1 1 0 '1 n 1 E N.,1 1 3 w b i tly i 3 I 4K ,ni 1.,____, 1 1 1 1 ' u--- w f , g 9 /y�! �13 1 a a 1 !nil a �� ��,g'; �lriyY __I agg! ill'@7 4.'Y'a '�+; P i;Y 3 �n �Rrr r ' S I Ilr gi! 96 I gbh 11 i I 11 iIWI 1 -0 l ' P---I, 0 0 d ! ! H b ill 1 I i 51..-i� w ,1 i -_ elate,ea Milli" if i= UV 1 '.C% 1i go°—, �i ititlil) y� AJN Ma I w y11/15n1 111 W 4 P 1 1111 I i 15i1'e 1��e1 a[[II[[� ail i .j 11 t(7 i 1 i—-----. ----1 Ill , • �4*•1•%*4* i sit 1 jb. j II. limo 1, ° ' iipi1,� ��1 ■•� ,, 1 sag®H l91-s i j ihi'iiIiI1I 61--rEm 5 to.6 Johnson, Kelly From: Johnson, Kelly Sent: Friday,July 23, 2021 12:31 PM To: Amy Norris Cc: Jason Clark Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 &3) N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) - N&T#20055 Hi Amy, I have you guys down for 8/20. But, FYI, I am really not supposed to extend projects so long. The regulations, 15A NCAC 02H .1042(3)(a)(i),say that the applicant gets 30 days to respond, and management has asked us to send up to two addinfos of 15 days each. I have not historically stuck to that very well and I do not want to surprise you by doing so now. But,when this comes back in next month (and for other projects you have in-house) I am going to have to rein in the timelines on extensions. Management wants us to get the projects in and then back out without the lag time. Thanks, Kelly Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday,July 23, 20219:46 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3)-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313)- N&T#20055 CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. We are requesting to have our response back in to you on Friday, Aug. 20"h. From:Johnson, Kelly<kellv.p.iohnson@ncdenr.go > Sent: Friday,July 23, 2021 9:43 AM To:Amy Norris<anorris@ntengineers.com> Cc:Jason Clark<iclark@ntengneers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3)-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313)- N&T#20055 1 What date do you need? Thanks, KJ KtIlu o�nwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.795.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday,July 23,2021 9:42 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3)- N&T#20055 (SW8 960820, SW8 210311,SW8 201312,SW8 210313)- N&T#20055 ICAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spats. Kelly, Good morning. Per your below June 17th e-mail (Highlighted Item #3), we need to request a time extension. We have just received the recombo map; therefore, we need time to organize it & get our plans correct before submitting a response package to NC DEQ SW. Thanks, Amy for T Jason Clark, P.E. From: Johnson, Kelly kelly.p.johnson@ncdenr.gov Sent: Thursday,June 17,2021 1:21 PM To: Jason Clark Cc: Amy Norris;John Tunstall Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2&3) N&T#20055 (SW8 960820,SW8 210311,SW8 201312,SW8 210313) Attachments: 202105 CEI_BIMS 960820.pdf Hi Jason, Here are the answers to your three questions: 1. I have attached the inspection report. I apologize for leaving that attachment off. 2. We have not historically asked for retaining wall information. This has come up because there was a significant failure of a wall in the western part of the State. As a result of the fallout from that,our Central Office has directed all Regions to start asking for retaining wall information for the permit file. This is still fairly new. (I had 2 to go ask Christine for the citations.) We will have to update our standard AddInfo text to be more clear, but I understand that if the retaining wall meets the following two codes,then we need a copy of structural plans by structural engineer for the permit file. If not,then we do not need a copy of the structural plans for the permit file. So, if your wall does not meet these,all we will need is a statement to that effect in your response letter. a. 1807.2.4 Retaining Systems Adjacent to Structures: Retaining systems less than 5 feet(1524 mm) in cumulative vertical relief and adjacent to a structure located closer than the vertical relief shall be designed under the responsible charge of a registered design professional. b. 1807.2.5 Retaining Systems: Retaining systems providing a cumulative vertical relief greater than 5 feet (1524 mm) in height within a horizontal separation distance of 50 feet(15 m)or less, including retaining walls or mechanically stabilized earth walls,shall be designed under the responsible charge of a registered design professional. 3. I have you down for an extension to 7/30/I1. If that doesn't work then just let me know as we get closer to that date. Thanks, Kelly Ktlidjo1'l14501,i• Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3!45 Phone: 910.796.7335 Note Change in Phone Number From:Jason Clark<jclark@ntengineers.com> Sent:Thursday,June 17,2021 11:51 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Cc:Amy Norris<anorris@ntengineers.com>;John Tunstall<junstall@ntengineers.com> Subject: Re: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3)- N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Importance: High CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly, Your attached letter for the Master Barclay Permit SW8 960820 notes that there should be a Notice of Inspection enclosed. The email did not include. Please forward that. All of your letters include this comment: 4. Retaining Wall[15A NCAC 02H.1042(2)(g)(iv)]:The plans note that the provided retaining wall wil! be designed by others. Please provide the engineered design of this retaining wall, including final grades,to demonstrate the intended grading plan and support the delineated drainage areas. Section 15A NCAC 02H.1042(2)(g)(iv)only notes that"proposed contours and drainage patterns" must be included in the signed sealed plan package. 3 Our plans show the grading in the area of the Retaining Wall,give top and bottom of the Wall. The information we provide demonstrates the retaining wall meets the rules of the State for contours and drainage patterns. The proposed retaining wall is shown with enough detail. The note we include "To be Designed By others" refers to the Structural Design. The Structural design of the retaining wall isn't required for SW Approval. We can provide a larger scale of the Retaining Wall Area for you to verify the grades (top, bottom and slopes), however the Structural Design of the Retaining Wall will not be done until the project is approved. We will change our note to state "Retaining wall to be per the grades shown,Structural Design to be done by others". Please confirm this will address your comments. Also, I would like to ask for the Maximum Time Extension allowed for each of these permits. The Recombination Map issue required by the City is taking longer than expected. Thanks, From: "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> Date:Tuesday,June 15, 2021 at 2:00 PM To:Jason Clark<jclark@ntengineers.com> Cc: Amy<anorris@ntengineers.com>, "bcameroniv@cameronco.com" <bcameroniv@cameronco.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 & 3) - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly K.eLLW off IAL01/1. Kelly Johnson Env ronmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 i'Jote Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent:Tuesday,June 8,2021 10:05 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1,2 &3) - N&T#20055 CAUTION: External email.Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Sparn. Hi Kelly! I've discussed w/ Jason &just go ahead & review what we submitted. Thanks, 4 Amy From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent: Wednesday,June 2,2021 2:49 PM To:Amy Norris<anorris@ntengineers.conm> Subject:RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3)- N&T#20055 Amy, Any word on this? They will hit 90 days on 6/24 and so I have to get an Addlnfo out on them in the next couple of weeks. Thanks, KJ keLLo johl4.50tel. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday, May 7,2021 8:15 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Subject:RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2&3) - N&T#20055 CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam Kelly, Happy Friday! Hopefully we will know something next week as we are waiting on our client&the surveyor for some information. From:Johnson, Kelly<kellv.p.iohnsor@ncdeor.gov> Sent:Wednesday, May 5,2021 12:45 PM To:Amy Norris<anorris@ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3) - N&T#20055 Hi Amy, Did you all decide what you would like to do with this? Thanks, Kelly k.t,LLlWOAVISOM. Kelly Johnson 5 Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent:Thursday,April 29, 2021 11:50 AM To:Amy Norris<anorris@ntengineers.com>; Burd,Tina J <Tina.Burd@ncdenr.Gov>; Hall, Christine <Christine.Hall@ncdenr.gov> Cc:Jason Clark<clark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2&3) - N&T#20055 Hi Amy, The Renewal for Barclay Place (SW8 960820)was issued on 3/31/2020, and then a transfer application was accepted on 4/5/21. There was also a modification package to be permitted shortly after the transfer submitted at the same time. Lot 1(5W8 210311), Lot 2 (SW8 210312) and Lot 3 (SW8 210313)were accepted on 3/26/21 with acceptance emails on 3/29/21. I can keep the SW8 960820 transfer in line and you can pick up the mod for that permit. For the other three,there are two ways to handle this since they have been logged in: 1. If you are still going to need three offsite permits I can logistically handle this by logging them as out for addinfo and you all can pick those up and re-submit. (As you know the rules now only allow for two requests for additional information. If this were to have to go to a third one, I would have to get Christine's approval for that.) 2. If you do not need three,then I can return however many you do not need. But, unfortunately those submittal fees would have to be forfeited. For either option,the mod for SW8 960820 needs to come back in with the offsite permits. (Technically the three offsites should not have been accepted until the SW8 960820 modification was accepted because those lots do not yet exist in the master permit. And,the transfer has to be done before the mod. But,that was our error.) Let me know which way you want to handle this and I can leave the files in our breezeway for pickup. Thanks, Kelly K,eLL�oliv sow Kelly Johnson Environmental Engineer NC Division of Energy,Minera:anc Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 6 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent:Thursday,April 29,2021 11:27 AM To: Burd,Tina J <Tina.Burd@ncdenr.Gov>; Hall,Christine<Christine.Hall@ncdenr.gov>;Johnson, Kelly <ke l ly.p.io h nso n @ n cde n r.gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 Lots 1, 2 &3)- N&T#20055 CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Thanks for the info Tina & I'1! wait to hear from Kelly! It doesn't matter now, but I didn't receive the acceptance e-mails (maybe they were sent to the Engineer). From: Burd,Tina J<Tina.Burd@ncdenr.Gov> Sent:Thursday,April 29, 2021 11:19 AM To:Amy Norris<anorris@ntengineers.com>; Hall,Christine<Christine.Hall@ncdenr.gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3)- N&T#20055 These have already been assigned to Kelly Johnson and she will be in touch with you regarding the projects. An acceptance email was sent to you on March 29, 2021. Tina Burd From:Amy Norris [mailto:anorris@ntengineers.coml Sent:Thursday,April 29,2021 11:10 AM To: Hall,Christine<Christine.Hall@ncdenr.gov>; Burd,Tina J<Tina.Burd@ncderir.Gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2&3)- N&T#20055 Importance: High CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Christine &Tina, We submitted 4 packages to NC DEQ (you received by FedEx on 03-26-21) on the subject projects. To date, I do not believe we have received any acceptance e-mails. We need to come pick up these 4 packages, as we just had the City of Wilmington TRC meeting and they are requiring a recombination of some lots. Due to the recombination, our applications and plans will change. Please advise when we can pick these up & how. Thanks, Amy Amy S. Norris ; O Th_ _,,- Administrative Ass+rca: NORRIS & TUNSTALL —C.ONSUC ING ENGINEERS P.C. 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604 (F) anorris@ntengineers.com 7 www.ntengineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM — Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the Was in electronic media format, Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tursall Consulting Engineers, Inc. in the preparation of such data. 8 • e„....411011kz. ROY COOPER COMMIX' DIONNE DELU GAfl1Secretani y; BRIAN WRENN NORTH CAROLINA Director Enstronmental Quality June 15,2021 Mr.Bruce B.Cameron,Trustee,pro. •}fed permittee PO Box 3649 Wilmington,NC 28406 Subject: Request for Additional Information&Notice of Inspection State Stormwater Management Permit No. SW8 960820 Barclay Place New Hanover County Dear Mr.Cameron: The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and accepted a signed Permit Transfer Application Form for the subject project on April 5,2021. There is also a modification pending following the transferred permit's issuance. The successor-owner of the property has requested to transfer the permit without consent of the permit holder in accordance with 15A NCAC 02H.1045(lXc)and G.S. 143-214.7(c5). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete,and that additional information is needed. Since the transfer was submitted under NCAC 02H.1045(1Xc)and G.S. 143-214.7(c5),please provide the following documentation in a sinele.,hard cony submittal taclaffe to complete the application: 1. Correction to be Issued: The March 31,2021 permit renewal was incorrectly issued to Bruce B. Cameron,Trustee. The previous version of the permit dated July 8,2009 was issued to IG Wilmington,LLC. The March 31,2021 permit should have been issued to IG Wilmington, LLC. This correction will be noted when the permit is issued. 2. Deed [15A NCAC 02H.1045(2)(c)1: Please provide legal documentation of the property transfer to the proposed permittee. 3. Compliance Inspection: On May 28,2021,the DEMLR inspected the subject project to determine the status of compliance with this permit, last issued on March 31,2021. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection Report" m si mar ng the findings of the recent inspection is attached to this letter. 4. Permit Modification: a. Minor Modification: Check number 1350 in the amount of$505 was submitted for this modification. It will be returned because this application can be processed as a minor modification,which does not require a fee. b. Bearings/Distances [15A NCAC 02H.1042(2)(gXii), .1002(15),and .1002(38)j: Please show the bearing/distance lines for the entire outline of the lots that are subdividing. c. Easements [15A NCAC 02H.1042(2xgXvi), .1042(2)(1), .1050(8), and .1050(9)]: i. Please provide and identify an access and drainage easement along the stormwater collection systems and to provide access to the SCMs. FNorth Carolina Department of Environmental.Quality I Division of Energy Mineral and Land Resources (34 Wilmington Regional Office 1 127 Cardinal Drive Extension I Wiithlordtud,North Carolina 28405 910.7963215 State Stormwater Permit No.SW8 960820 Page 2 of 2 ii. Every portion of the stormwater collection system stormwater control measure (SCM) installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements as well as the utility and drainage easements on the plans, if necessary. These shall have a minimum width of 10 feet, slopes that do not exceed 3:1, and extend to the nearest public right-of-way. These easements shall be granted its cavor of the party responsible for operating and maintaining the SCMs. d. Retaining Wall I l5A NCAC 02H.1042(2)(g)(iv)]: The ft s note that the provided retaining wall will be desi d by others. Please provide,:, engineered design of this retaining wall, includinggrades,to demonstrate the intended grading plan and support the delineated dra a areas. e. Clarification: Since Lot 3 will be covered by SW8 210313,please do not show the details of what will be built on that lot on the SW8 960820 plans. Please provide a list of plan sheets that will cover SW8 960820. All of the requested information listed above should be received in this Office by July 1,2021,or the application will be returned as incomplete. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information: If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the project,it is determined that a major modification to the permit is required to resolve the compliance issues,the transfer application will be returned as incomplete.Upon the issuance of the modified permit,and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition,the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at kelly.p.johnson@nedenr.gov. Sinc , Keyl nvir Engineer Enclosure: Compliance Inspection Report Check#1350 DES/kpj: G:\\\Stormwater\Permits&Projects\1996\960820 HD\2021 06 addinfo CEI_atidinfo 960820 cc: Mr.Jason Clark,PE;via email:jclark@ntengineers.com Bruce Cameron;via email: bcameroniv@cameronco.com WiR.D Stormwater Permit File 9....-A North Carolina Department of Environmental Quality I Division of Energy,Miners[and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NoRni oeant�taa ear 910.796.7215 Compliance Inspection Report Permit: SW8960820 Effective:03/31/21 Expiration: 10/03/28 Project: Barclay Place Apartments formerly Independence Grande Owner: Ig Wilmington LLC County: New Hanover Adress: Shipyard Blvd Grande Classic Way Region: Wilmington City/State/Zip: Wilmington NC 28412 Contact Person:Bruce B Cameron Title: Phone:910-762-2676 Directions to Project: Shipyard Boulevard at Grande Classic Way(between Long Street&Independence). Type of Project: State Stormwater-HD-Detention Pond Drain Areas: 1 -(Hewletts Creek) (03-06-24)(SA;HQW) On-Site Representative(s): Related Permits: SW8210311 Dry Pond Partners LLC-Barclay Place Phase 2 Lot 1 SW8210312 Dry Pond Partners LLC-Barclay Place Phase 2 Lot 2 SW8210313 Dry Pond Partners LLC-Barclay Place Phase 2 Lot 3 Inspection Date: 05/28/2021 Entry Time 02:OOPM Exit Time:02:30PM Primary Inspector: Brian P Lambe Phone: Secondary Inspector(s): Kelly Johnson Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: O State Stormwater (See attachment summary) page 1 Permit: SW8960820 Owner-Project: Ig Wilmington LLC Inspection Date: 05/28/2021 Inspection Type Transfer Renewal Reason for Visit: Routine File Review Yes No NA NE Is the permit active? U ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? III ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? IN ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ • ❑ Comment: The current version of the permit did not require deed restrictions. 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? • ❑ ❑ ❑ Are the inlets located per the approved plans? • El ❑ ❑ 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 ❑ 0 0 • DWQ upon request? Comment: page 2 Burd, Tina J From: Burd,Tina J Sent: Monday,April 5,2021 1:02 PM To: bcameroniv@cameronco.com Subject: SW8 960820 - Barclay Place The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section) accepted the Stormwater Permit Transfer Application and $505.00 fee for the subject project on April 5, 2021. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance&Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 • Ado-e 1'fi rt • (,;ami iB Ftlb ii' (41iSCi0,, ties. Website: http://clog.nc.gov/about/divisions/ener„v-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COVI.D-19, the Department of Environmental Quality has adjusts: operations to protect the health and safety of the staff and public.Many employees are working remotely or are on staggered shifts.To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices,as we may be able to handle your rquests by phone or:_mail. t:Vc appreciate your patience as we continue to serve the public during this challenging time. 1 Transfer Application Completeness Review Checklist-Short Version Permit#: 131(2.LL Ay PLA Date Delivered to WIRO: c/Zc3f 2b Z1 Project Name: cj,g) '? O g 21) BIMS Received/Accepted Date: U` b2( Project County/Location: / i' [ BIMS Acknowledged Date": * Permit Expriation Date*: /0/2 3 > j *If w/in 6 mo,STOP-needs renewal first. / Exception:only new permittee is submitting. Proposed Permittee Type&Documents Needed: Property Owner(s) ®Purchaser 0Lessee EHOA E]Deve.k per Viable? Viable? ®Viable? Viable? ®Viable? ®Deed ®PurchaseAgmt ®Lease ElElection Minutes IEINot Subdivided: Deed 1950%Sold List(only if HOA doesn't sign) Subdivision: Common Area Deed ®Common Area Deed in HOA's Name ®Deed Restrictions Recorded Current Permittee Signed Application? Y/ N ®PE Certification If not,Dissolved/No Longer Owns Y/ N OBUA/Lot Summary Property,/Not Living DO&M (If HOA Signed Application) Proposed Permittee Signed Application? Y/ N Paperwork ,Application 'Fee: J$505(within 6mo) Check#(s): f c34 ] Deed Restrictions, if subdivided: EPE Certification :Project Narrative U Easements, Recorded(2017 Rules) O&M on File(unless new one from HOA) Electronic Copies NOTES: 'Enter BIMS Acknowledged Date on this Sheet EMAILED ENGINEER DATE: REVIEWER NAME: RECEtVODKal.t/ G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2020 0131 MN: ,,,I V‘).3%.'\11r-D .\-1.0....v.) ...(6..----- \,. �S �Q �C2596a -mt t CA202112501453 SOSID: 0414974 Date Filed: 5/5/2021 Elaine F.Marshall st.iag LIMITED LIABILITY COMPANY ANNUAL REPORT North Carolina Secretary of State CA2021 125 01453 1012017 NAME OF LIMITED LIABILITY COMPANY: I z Wf{ILf,IiNGTON, LLC FiPng office Use Only SECRETARY OF STATE ID NUMBER: 0414974 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2021 ❑ y ❑ SECTION A: REGISTERED AGENTS INFORMATION Changes 1.NAME OF REGISTERED AGENT: Howard Satisky 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 415 Hillsborough Street Ste 201 415 Hillsborough Street Ste 201 Raleigh,NC 27603-1727 Wake Raleigh,NC 27603-1727 Wake SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Own, develope and manage real estate 2. PRINCIPAL OFFICE PHONE NUMBER: (757)245-1541 3.PRINCIPAL OFFICE EMA Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL,OFFICE MAILING ADDRESS. . . • 11824 FishingPoint DrEl 11824 Fishing Point Dr Newport News,VA 23606-2679 Newport News City Newport News,VA 23606-2679•Newport News City • 6.Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: ;t nti C Lii I rflfl NAME: NAME: TITLE: Olc:7ip ri c -Nor. TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 1201 Glen Meade Rd Wilmington,NC 28401 New Hanover SECTION D:CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a person/biusness entity. M• f1 6 4er i l '>:oZ • SIGNATURE / DATE r Form must be signed by a Company Official listed under Section C of This form. S ‘'. ftc (i!4 ua,A m ail 4 di e✓ Print or Type Name of Company Official Print oritype Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 Y I IG WILMINGTON,LLC CONS L1ti'1'RESOLUTIONS TH As of this /0 ' day of October, 2021, the uttd4rsigned, being all the Managers of IG WILMINGTON, LLC, a North Carolina limited liability c¢tnpaay ("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone,f be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of!Energy, Mineral and Land Resources all documents and other material as such Manager may deenn necessary, appropriate or advisable in connection with and regarding Barclay Place(being generally Socatod in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications,renewals, transfers,modifications,aid offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 120311 Barclay Place PH2,Lot 2—SW8 120312 Barclay Place PH2,Lot 3—SW8 120313 2. The Managers further approve and ratify,any and all,t> or documents executed by any one of the Managers on behalf of the Company in regards to the above miter, This consent may be executed in one or more counterparts,oaclj of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto xecutod this Consent, effective as of the date set forth above. C /4/— got ;"L.:13tliwil also known as Scott tristrap ier u Ivan),''- C7ICn s1111CTo11, i/an'1pec> t 1 p FOR REGISTRATION REGISTER OF DEEDS 1111 �I 1"''f Y+�''�1�t■I �liii l `� TRfr1Y THEUSCH BEASLEY ll 1111 I M1111110 I1U1 Nl{«�� NEW HANOVER COUNTY, NC 2014029561 2014 NOV @4 01 41 52 PM BK 5849 PG 569-572 FEE $26 00 INSTRIJENT I N9140/9561 STATE OF NORTH CAROLINA CERTIFICATION OF TRUST COUNTY OF NEW HANOVER THIS CERTIFICATION OF TRUST is made in lieu of the recordation and provision of the trust instrument,as amended and restated,pursuant to N.C.Gen.Stat.Sec.36C-10-1013. 1. Trust. The trust certified hereby is the trust created by a revocable trust agreement dated October 1, 1992,between Bruce B.Cameron,Grantor,and Bruce B.Cameron,Trustee,a memorandum of which trust is recorded in Book 1645,Page 1032 of the New Hanover County Registry,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B.Cameron,Grantor,and Brute E.Cameron,Tnis. :.ira calledthe"Trust"). 2. Settlor. Bruce B.Cameron is the settlor of the Trust. 3. Trustee. The currently acting Co-Trustees of the Trust are Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV. The street address of the currently acting Co-Trustees is 1201 Glen Meade Road,Wilmington,North Carolina 28401. The mailing address of the currently acting Co-Trustees is P.O.Box 3649,Wilmington,North Carolina 28406. 4. Powers. The powers of the Co-Trustees,as stated in the trust agreement,as amended and restated, include,but are not limited to,the powers enumerated in North Carolina General Statutes Section 32-27(subject to General Statutes Section 32-26),and the powers enumerated in North Carolina General Statutes Section 36C- 8-815(ax2)(which includes all of the powers set forth in Section 36C-8-816)which are incorporated in the trust agreement,as amended and restated,by reference and granted to the Co-Trustees. There is nothing in the bust agreement,as amended and restated,which restricts the above powers granted to the Co-Trustees. 5. Revocability. The Trust is irrevocable. The only person who held a power to revoke the Trust was the senior,Bruce B.Cameron,who is now deceased. 6. Co-Trustees. Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron, IV,are the only currently acting Trustees or Co-Trustees of the Trust There are no other currently acting trustees or co-trustees ofthe Trust and accordingly no other trustee or co-trustee is authorized or required to sign or other w' authenticate any docainients or instruments on behalf of the Trust The trust agreement,as amended and restated,provides as follows regarding delegation of the Co-Trustees'powers_ ECA� r E i `qA�' ilC,. Delegation of Powers. By written agreement signed by all of the then acting Co-Trustees,the Co-Trustees may provide that any one or more or all of the powers and authorities granted to the Co- Trustees hereunder and by law may be exercised by any designated Co-Trustee No court approval shall be required to any such agreement,and such agreement need not be filed with any court. 7. Taxpayer Identification Number. The taxpayer identification number of the Trust is 56-6415549. 8. Title to Trust Property. The title to the Trust property shall be held by Scott C.Sullivan(also known as Scott Christopher Sullivan)and Bruce B.Cameron,IV,Co-Trustees,and their successors in trust, under the Bruce B.Cameron Revocable Trust,dated October 1, 1992,as amended and restated,or in any other fashion to show the Trust as being the owner of the assets held by the Trust. 9. Status The Trust has not been revoked,modified,or amended in any manner that would cause the representations in this certification of trust to be incorrect. 10 Governing Law. The Trust is governed by the laws of the State of North Carolina. IN WITNESS WHEREOF,Scott C.Sullivan(also known as Scott Christopher Sullivan)anti Bruce B. Cameron,IV,as Co-Trustees of the Trust,have hereunto set their hands and seals,this the 7.2. day of October,2014 Ar\ 4-C (SEAL) Scott C. Sullivan(also known as Scott Christopher Sullivan), Co-Trustee ✓ iji_ / (SEAL) Bruce B Cameron,IV,Co-Trustee 2 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, � .�Y1 )E ' D Y1. .a Notary Public of County, North Carolina,certify that SCOTT C.SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of October,201' otary Public sari Me__ �D �FlT Printed Name of Notary Pubhc � Oy My commission expires: 5 ^ 3 NOTARY PUBLIC A� 2 STATE OF NORTH CAROLINA I CNN-. mna " COUNTY OF NEW HANOVER 7Y', -tom A?r! /1 1, �• ,a Notary Public of County, North Carolina,certify that Bruce B.Cameron,IV,Co-Trustee,personally appeared before me this day and acknowledged the due execution of the foregoing mstrument. WITNESS my hand and official seal this .ZZ y of October,201`g.4 Notary Pubh „auumagy Printed Name of Notary Public coJ l NOTARY My commission expires PUBLIC n 3 J Ammoimmomer 41 �, I 0 r 'fii;\ ', eli 6r181IS1{ �' TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 1110412014 01:41:52 PM Book: RE 5849 Page: 569-572 Document No.: 2014029581 4 PGS 9926.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014029561 * 20/4029561 CA202112501453 SOSID: 0414974 Date Filed: 5/5/2021 Elaine F.Marshall tr.k� .. LIMITED LIABILITY COMPANY ANNUAL REPORT North Carolina Secretary of State CA2021 125 01453 10/2017 NAME OF LIMITED LIABILITY COMPANY: 1G WIl MINGTON `L G SECRETARY OF STATE ID NUMBER: 0414974 STATE OF FORMATION: rvC Fling Office Use Only REPORT FOR THE CALENDAR YEAR: 2021 ❑ y ❑ I SECTION A:REGISTERED AGENT'S INFORMATION ❑ Changes 1.NAME OF REGISTERED AGENT: Howard Satisky 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 415 Hillsborough Street Ste 201 415 Hillsborough Street Ste 201 Raleigh,NC 27603-1727 Wake Raleigh,NC 27603-1727 Wake SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Own, develope and manage real estate 2.PRINCIPAL OFFICE PHONE NUMBER: (757) 245-1541 3.PRINCIPAL OFFICE EMA Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL.OFFICE MAILING ADDRESS . •. Er.4. - ❑.4oF 11824 Fishing Point Dr 11824 Fishing Point Dr Newport News,VA 23606-2679 Newport News City Newport News,VA 23606-2679Newport News City • 6.Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: ;---,(1(,)Z f NAME: NAME: TITLE: 1 �� TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 1201 Glen Meade Rd Wilmington,NC 28401 New Hanover SECTION D:CERTIFICATION / - ! '�' 6 4 o r; I '2-0 2 f SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Print or Type Name of Company Official Print orkype Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 • Non-Transfer Application Completeness Review Checklist-Short Version• J Project Name: 42I2 C-LI-}r// PC,4(.• i2 Date Delivered to WIRO: 3' 3I 20 F-i Project County/Location: j.1 I-f / .SIC.(1P IA, T") �y�U- BIMS keceived/Accepted Date- i �' e!f BIMS Acknowledged;sae': ',`I Permit Action: New ❑n;ot located in the EL of the following deligated and. New Permit 142: Functioning programs: NHC:Carolina Beach I-cure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa(?)/Oak Island Cart: Emerald Isle Onsl: sacksonviile Pend: Surf City 'Major Moinor Mod/Renewal 1 Existing Permit#: L] C,er ' � .05 2� f Expriation Date': it, /X3 /�Cj2.24 r Permit Type: HD/LD 1 LD Overall/HD&LD Combo General Permit/Offsite/Exempt E Offsite to SW8: Development Type: Commercial r'ResidenlTjl i•i her ❑Is Lot ID'ed in Master Perrnit? Subdivided?: Sub3 isio r Single Lot Rule(s): 02017 Coastal 1-12008 Coastal il11.995 Coastal =Phase il =Universai =L988 Coastal Permittee Type&Documents Needed: Property Owners} Purchaser _Lessee =HOA Lloeveloper Viable? =Viable? =Viable? Viable? 1—]Viable? Deed =Purchase Asmt il.Lease ElElection Minutes =Not Subdivided Deed =subdivision- Common Area Deed Paperwork Application Fee. 5505(within 6ma) Check#(s): 1-S 5. =No Fee 440 Supplement2(1 new form or for older forms:1 original per SCiL1J =O&M2 =soils Report Onfit or PP) r+r =Calculations(signed/sealed) ):„..,j-, 1 ®Deed Restrictions,if subdivided �J =Project Narrative 6 �y 0USGS Map for on file?) Subject to SA? Y / N Subject to ORW?• Y / N . 1---) aians(2 Sets} ❑PE Certification =Electronic Copies =Easements, Recorded(2017 Rules) NOTES: .tEnter BIMS Acknowledged Date on this Sheet 'For New Projects-Enter New Permit V cn Suppiements&Deed Restiction Templates. 31f Win 6 months and they are requesting a mod.STOP Needs a renewal first. EMAILED ENGINEER DATE: Comments: RFVIFWER NAME: Ke LL Y GANCI i'•..Reierence:ibrarylProcedures\Check;iFrr\ComuleenessReview Checklist 2020013; NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910) 287-5900 (910) 343-9604 Fax (910)287-5902 Fax John S.Tu E Il,P.Fikverwso J.Phillip Norris,P.E. T.Jason C1 rk, Joseph K Bland,P.E. Thomas J. Scheetz,E.I. MAR 2 6 7.021 March 2512021 NCDEQ NC DEQ WILMINGTON RO Division of Energy, Mineral and Land Resources— State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal — Major Modification (SW8 960820) Barclay Place 2650 Shipyard Boulevard Wilmington, NC N&T Project No. 20055 Dear Sir or Madam: Enclosed are two (2) sets of plans for the above referenced project, one (1) copy of the Stormwater Narrative, one (1) USGS map, one (1) copy of the Certification of Trust, the original High Density Deed Restrictions with Outparcels & Protective Convenances form, the original Division of Water Quality Stormwater Management Permit application, a $505.00 check for the permit review fee, and one (1) CD (PDF of the complete submittal). Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. aaNk 10304' T. Jason lark, P. E. TJC/asn 20055 03-25-21-s-sw-major mod-Itr(Barclay 1) Enclosures cc: Hill Rogers /Cameron Co. (By E-Mail Only) NCBELS License C-3641 STORMWATER SYSTEM BARCLAY PLACE (SW8 960820) 2545 Croquet Drive Wilmington, North Carolina For Dry Pond Partners, LLC P.O. Box 3649 Wilmington, NC 28406 (910) 762-2676 cy luau a„ur r de 'rri, 9f 7 030869 13?' *tg:44.(t-g,If March 2021 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 2602 Iron Gate Drive, Suite 102 Wilmington, North Carolina 28412 (910) 343-9653 (910)343-9604 (Fax) License#C-3641 N&T Project No. 20055 NARRATIVE BARCLAY PLACE (SW8 960820) Receiving Stream Name: Hewletts Creek Stream Class: SA Stream Index Number: 18-87-26 DESCRIPTION: Barclay Place (Originally independence Grande) was last renewed on 07-08-09. In that permit, the whole 39 Acre Drainage Area was under one(1) ownership. The permit was made up of: Drainage Area: 39 AC / 1,698,840 SF Impervious Total: 29.61 AC / 1,289,965 SF Imp in Permit: 702,000 SF (Phases 1 and 2) Out Parcel 1: 109,770 SF Out Parcel 2: 127,195 SF Future: 351.000 SF Total: 1,289,965 SF Phase 2 of the Original Permit was not constructed. Phase 2 is now being proposed with different layout. Four(4) lots have now been parceled out under different ownership from Phase 1 and the SW Pond. Phase 2 is being constructed mostly on Lot 3, with some impervious being on Lot 2. The Overall Permit is being modified to allow for Off-Site Permits for each of the four (4) lots. At the same time Lots 1, 2, and 3 are being submitted for their own Off-Site Permits. Lot 1 Includes existing road constructed originally with Phase 1. Lot 2 Includes existing road constructed originally with Phase 1 and Phase 2 is adding more impervious to Lot 2. Lot 3 Phase 2 is being constructed on Lot 3. Please see Attachment#1 provided with the Application. 2 A \&) ) m0o NARRATIVE BARCLAY PLACE (SW8 960820) Receiving Stream Name: Hewletts Creek Stream Class: SA Stream Index Number: 18-87-26 DESCRIPTION: Barclay Place (Originally Independence Grande) was last renewed on 07-08-09. In that permit, the whole 39 Acre Drainage Area was under one (1)ownership. The permit was made up of: Drainage Area: 39 AC/ 1,698,840 SF Impervious Total: 29.61 AC / 1,289,965 SF Imp in Permit: 702,000 SF (Phases 1 and 2) Out Parcel 1: 109,770 SF Out Parcel 2: 127,195 SF Future: 351.000 SF Total: 1,289,965 SF Phase 2 of the Original Permit was not constructed. Phase 2 is now being proposed with different layout. Four(4) lots have now been parceled out under different ownership from Phase 1 and the SW Pond. Phase 2 is being constructed mostly on Lot 3, with some impervious being on Lot 2. The Overall Permit is being modified to allow for Off-Site Permits for each of the four (4) lots. At the same time Lots 1, 2, and 3 are being submitted for their own Off-Site Permits. Lot 1 Includes existing road constructed originally with Phase 1. Lot 2 Includes existing road constructed originally with Phase 1 and Phase 2 is adding more impervious to Lot 2. Lot 3 Phase 2 is being constructed on Lot 3. Please see Attachment#1 provided with the Application. 2 SCANNED a S"- V.B.DEPARTMEN7'OF THE IN78RIOR Sy�yw WILMINGTON QUADRANGLE V.8.OEOLOCE ALBURVEY US r NORM CAROLINA sr.r.Mlyly i.S-NIRVIE SERIES Fv'�4,04 _ _ 1 �) Y ' ..'`. tic _ p �:�a . 4� S�'-•,:i as ' t - •.1,I `./ 1 .. , . �.£��: "gy"p. ,� � L firIF% .. 4 } "maygE. ,.r� r • J_ x .l�' 1• Eby c _ 'F,s-Y- GI I. 1. r •m.• K ., .. _ 1—ram ��- _ J:... -,, nz -.. = SA ••' .> � A '{ fLry.' Gosip.Y •� •• -..ti i...�.t .i .. 'f na. 7 .� 1 f^... R1�1 ., l 1 $.i 1' N E 1 i11t 3 • it I-. 1 • fyl� IF .�.' ` a � f 16. ti -.i ay�':..' ! - . • 4. \ i 1 Ra• �.{ y '-�`i�ce� _ 0 f .- .. .. :.... �� 7 "! rfG xTa` ' w n . • n�xsa- aiJ- G_ ' . - WOO ciao 'YS ._ cv R a.', ��m ROAD CLASSWICATIOM Ratl g ,dm UMW Suter 6.M011I011Sua.y • SCALE 1:S4000 fm+n.r �•- .w wnx.�r animx at.wrm:wa .mw. a xt xa w .sSUIT r Nmd�..M.t'.rn six r•,r.. xx.uxts1nn.iwtxa“ 1°r x••• x w__........_a*e.nfc K.um.tx.enx near.•+r.rmr.rsx rrxun•y a w .. . os WIIADN NC ^'^- . re m13t�