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SW8010903_HISTORICAL FILE_20191120
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD New Hanover County Page 1 of i PARID:R07600-006-178-000 NAMI HOTEL INC 5600 CAROLINA BEACH RD 119 Copyright 2007 http://etax.nhegov.comlarcgismaps/PrintMap.aspx?pageTypc=Datalet&imageFormat=PN... 8/ 19/2015 O � r Y C) U K F a m 2 fa co z a N r m O Ln N [O m In O U U rn ,- m N 0 0 0 oID V In L N 0.0 N ❑ ❑ a L N A m H C C NC Q Q D U N Z U J J Q N r U r w F- w CL O a Y It ¢ 0. W O U a O J U z Z O0 zz N J z z N d) N C C 4, a. V U7 U N Ln O clj O m LL r 0 W F�- ra O ii _ T Oi Ql Ol O Q O O O O u) fnY Q M M M M Y W m m n ;: M M m rn o -n v Q 4 m cl 0 0 0 o °Do `Do m v m m M a u U O J � J J J J lB a n. Q. w ❑ w > > F O O O O af X Xcrw 0 Z O U a w w�www ❑a❑on. 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Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: NAMI HOTEL, INC. Business Corporation Information Sosid: 1160875 Status: Current -Active Annual Report Status: Current Citizenship: j Domestic Date Formed: 7/28/2010 Fiscal Month: December State of Incorporation: NC Registered Agent: Patel, Jayesh N. Corporate Addresses Mailing: 2011 Veasley Street Greensboro, NC 27407 Princ+pal Office: 2011 Veasley Street Greensboro, NC 27407 Reg Office: 2011 Veasley Street Greensboro, NC 27407 Reg Mailing: 2011 Veasley Street 'Greece_-_nsbora, NC 27407 Officers Vice President] Secretary: Jayesh N, Patel 2011 Veasley Street Greensboro NC 27407 President: Nayr an C. Patel 2011 Veasley Street Greensboro NC 27407 Stock Class: Common 0 http://www.secretary.state.nc.us/Search/profcorp/9568882 8/19/2015 V SOS 1 D: 1160875 Date Filed: 4/21/2015 8:59:00 AM • 4 J CD-479 (So) Business Corporation Annual Report Elaine F. Marshall 1p-22-13 North Carolina Secretary of State ' � , CA201.5 11.1 03563 Name of Business Corporation: NAMi HOTEL, INC. Secretary of State ID: 1160875 State of Formation: NORTH CAR Fiscal Year. Ending: 0 I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55-16-22) has not changed and is therefore complete. Section A: Registered Agent's Information 1 Name of Registered Agent: i 4 2 Signature of the New Registered Agent: islgnatum constimes mnsent to the appointment) 3 Registered Office Street Address & County 4 Registered Office Mailing Address Section B: Principal Office Information 1 Description of Nature of Business: 2 Principal office Phone Number: 4 Principal Office Street Address & County r Section C: Officers (Enter additional Officers in Section E.) Name: Name: Title: Title: Address: Address: Section D: _Certification listed under Section C, or a pors, 3 Principal Office Email: 5 Principal Office Mailing Address Name: Title: Address: Jai Report Section D must be completed in its entirety and signed by a person for an entity listed under Section C. signolrre.(— roust be signad by an officer of oorporafioni VV 'J� yAP-sh 'Af 10/, i C,) Print or Type Name of officer 3�11�2ar� Date P7ZS t eh'� Tipe NCCZ0501 12I17113 N w` ., SOSID: 1160875 Date Filed: 4/11/2011 10:45:00 AM Cp-479 50 Business Corporation North Carolina Annual Elaine F. Marshall North Carolina Secretary, of State 11-22.10 This report may be filed online at the Secretar of State website: www. CA20112214251_S Name of Business Corporation: NAMI HOTEL, INC. Fiscal Year Ending: 12/31/10 State of Incorporation: NORTH CAROLINA Month I Day I Year Secretary of State ID Number: 1160875 EjI hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55.16. 2) has not changed and is therefore complete. Nature of Business: HOTEL MANAGEMENT Registered Agent: JAYESH N. PATEL Registered Office Mailing Address: 2011 VEASLEY STREET County: GUILFORD City: GREENSBORO State: NC Zip Code: 27407 Registered Office Street Address: 2011 VEASLEY STREET County: GUILFORD City: G SBORO State: NC Zip Code: 27407 Signature of New Registered Agent: ignalure ii to n ni to the appointment) Principal Office Telephone Number. (336) 55-0013 Principal Office Mailing Address: 5600 CAROLINA BEACH ROAD City: WILMINGTON State: NC Zip Code: 28412 Principal Office Street Address: 5600 CAROLINA BEACH ROAD City: WILMINGTON State: NC Zip Code: 28412 Name Title and Business Address of Principal Officers: Name: NAYAN C. PATEL Title: PRESIDENT Address: 2011 VEASLEY STREET City: GREENSBORO State: NC Zip: 27407 Name: '4l eS h N • ' C' Title: v I CQ- t'1'exItjIll Address: A 011 lit tt 4'sl Cy stv[ t r City: GPMG'Yuip 61ro State: (\) C Zip: A-7 4 0 7 Name: Jb y e'j IJ • PA Title: S etrp-Ht Address: a p l I a as S+ YCCh- I City: + rcerlbQ7p State: JQ C Zip: A-14 O 7 Certification of annual rep ri Imust be completed by all Business Corporations). 31 17,111 ne by an oilKer of Lion) Date � h�-- or Piint Name Tale NCCZMI 12)21nQ C201020900013 SOSI D: 1160875 Date Filed: 7/28/2010 12:35:00 PM Elaine F. Marshall North Carolina Secretary of State C201020900013 ARTICLES OF INCORPORATION FOR NAMI HOTEL, INC. Pursuant to General Statute Section 55-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purpose of forming a business corporation. 1. The name of the corporation is NAMI HOTEL, INC. 2. The number of shares the corporation is authorized to issue is One Hundred Thousand (100,000), all of one class, designated as common stock. 3. The street address and county of the initial registered office of the corporation is 2011 Veasley Street, Greensboro, North Carolina 27407, Guilford County. 4. The mailing address of the initial registered office is 2011 Veasley Street, Greensboro, North Carolina 274.07. 5. The name of the initial registered agent is Jayesh N. Patel. 6. The name and address of the incorporator is J. Dewey Edwards, Jr., P.O. Box 1057, 219 New Bridge Street, Jacksonville, North Carolina, 28540. 7. These articles will be effective upon filing. This the 27`h day of July, 2010, or-p'" -1 L J. ey Edward Jr. In rporator I STORMWATER CALCULATIONS SOUNDVIEW PARK SURF CITY, NOR`I'I-1 CAROLINA RECEIVED NOV 0 2 2001 PROM # D�&l PREPARED FOR: TOWN OF SURF CITY P.O. BOX 2475 SURF CITY, NORTH CAROLINA 28445 ,'saa�etzor.,rr n F0774 77 f/Ap�� n n b %a°°Qo f!�ttn° ^ • i�°� I I . d}rta�t�eaaia► PREPARED BY: KEITH P. BULLA, P.E. 3202 BINFORD COURT WLLMINGTON, NORTH CAROLINA 28405 (910) 791-4724 w Vt sr�� �•!•Ja•�.7r+••^1s5� `'`>'i' _._.•r�L�ri_�Lhi1!—:.� { �,..'•� - Ir���� 11G�:". S O�rfl!lfilNjtill���,r' r ! r F. All -1C L1 OCY �j/~ �Y'rJ/•��V`•1.r�C�-F'ef" L�['••� F �L%l Ft�Y"i //� (!. 1 JJ J Iris , (� +� J, I •'F r i.l.J, YI i �� �.:•[ ,� 1 i , r o C CA-j e.0 [ .'\ 1�"+ l �rG.t ,U� �C•� �, rn G (�tJ r �� U U��,c�IIC.Cf �I(a (Y�(i•,/{'.. CG'-r��.G! y tx� v pr C Cc,Ae>r .�..'�, .h .J "I O �G7 /IN r C4_ 1i1CI rCrrc,�c[ I ji1 ��.. r 4.0 L",17�4r/ G.�1(&rO�.•(M lreOrY1 �'J �►t.+l�C�l V,VUS �t1r�G LG LG - G1 r �J c'-y eU A ' l.' 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'� 1•, ` (. - I I `c: r?C. ! .57 Act J vc, fE cy ,�.f r vr- I, !' M l j I/{ C y,»�tr�rrrf C n t + —•�'4 rJ!'►'�'" !.� �"� /;I! v �<.�- e l✓l� L C.,..�f Gh.�.m� C�.:p4-. 'f . � �'. O�� ��� = / i � +- ° Iq'I -I F/ 7 f yti^1/�Pr �► vv� /6i 9 `i �- I `� I. v 5 711" } 62/ �vJU)V C t;G 1rf- 2ele rr s 5,0 20s Ar ell- • Ave. 2, 5 • �r�� ��fcr�.' %1r5;� �.J `����•a�)�tt:.1. � > �, i"�'r�5"����1 �"/�`.y••c,� r oc- do't 0 rra���wc:..-�_✓ ��G 1 rev Ir.,_ �r�•�. , �gzyye�+rraerrr tiRR t1�� u" •aAR �a.t . r e�rdltsli414ti�� �C% �)"i f�J.1 ! Li Tl / 1VI,T rT'? VOILAim-4i t /9 r Lj'^ cf v p uj Fe-, k .......... V L/I 0 Us ZO 9 ?Ez- 18-73 rl 12156 FT-5 /-- If vcl �c�v �. G1 v •�f t.c..t �...�� � �aa»►rr�rr]rllr _1Cr %e+. - �7 /oifVl ea:.fC' I G..L fr;^� U D�rJ C, 9• \ • 1. IQ! � �j e • u • � r o! f[4� �p �e Y Vi Ih/ S ! �j /-.G., i ��f�tefll7 t,ltt 1;v, 7OR1 ! I . r I p �z; a>/-Af-C. C" ,� J v„ prVtW� 780 35M_ , 72- 07Z .i 3ID7 52 +s r,•. Y p �rN.. e Ll r cd + vo �� �i I ,l �c L T:J� L ` r W. q, �ss7ylll:,;r �ci ✓ n^• G•. c, l C f�. ! �c-l/a.ia^ 3 r .F:.. (• r ,� arc g . all��' n �A ° Ohl 01 7 -`s ! e e° % c C-, / L/ Ci,..' / Vf , Rn'+� e. • °'0 � r �/!!16lI1li►l r A + 6's rr / j • i -- w i ate,_. ! Ud 1 �01- GII , .1 . ; - C AR 0 1 10 kl..j I CA — foo 7 OFF 0. 60-) Uri It, 5 C. CtY-i , - L111,41 i RECEIVED PROJ # SE11,A)ING SCII EAW Llil' For Soundview Park Topsail Township Pentler County, North Carolina Prepared For: Town of Surf City P.O. Box 2475 Surf City, North Carolina 28445 October J, 2001 Prepared lly: Keith 1'. 111111ft, P.E. 3202 Rhiford Court Wilmington, Nordi Carolinn 28405 (910) 7914724 NOV 0 2 2001 SEEDING SCIIh,DULE, SOUND VIEW PARK TOWN Or SURF CITI' PENDER COUNT', NORTII C ROLINA OCfOBER 4, 2001 1.0 PLANTING SPECIFICATIONS Seeding, mulching, and conditioning of the soils on the subject site is to be performed to North Carolina Department of Transportatioti requirenrews, Section 880, Standard Specifications for Roads & Structures, with the following prop isions: 1.1 See1111g,11101 111g, curd conditioning shall be done on all earth areas disturbed or filled by channel dredging, construction oras designated by the higirreer. 1.2 Sealing, mulching, and conditioning shall be accomplished as soon as possible afier laird disturbance to stabilize the soils and prevent erosion. The soils shall be stabilized perrimnenily between the months of April and hine. 11nor to perilianent seeding, the soils shall be seeded, mulched, and conditioned 101' a temporarY grass cover as herein Specified. 1.3 In order to prevent excessive soil erosion and siltation, a grass cover shall be established as soon as possible following dredging and consu lctiolr operations. The Contractor shall complete grading to Une proper final grade and then perfonlr seeding, mulching, and conditioning as the final grading progresses or within 30 days thereof, 1111less there is a specific pert nlssible length of delay dLre to circui nstances beyond the control of the Contractor. 1.4 Superficial scratching of the slope surface will not be sullicierrt seedbed preparation. On 2:1 or- 12:1 slopes, a seedbed preparatlori Will be ralurl-al alrltroa0pi11g the degree of preparation required on flatter areas as far as depth is concerned although the same degree of mioothness of seedbed will not be rccµnrerl. 1.5 The kind of seed, the rate of application of seed, limestone, and fertilizer is as follows (.Contrac(or will be responsible for perlorining tests of on -site soils): 1'�rlli}Urf1iD, Scedin- - Pall Sccding Mixture Species: Rye (grain) hate (Il)/acre): 120 Seeding Dates: August 15 - December 30 Soil Ameiidnlcnts: follow recoms-:errdations of soil tests born the Ag1-icul1Lure Extension Service for fertilizer mid lime application rates. 0 Mulch: Apply 4,000 lb/acre straw. Anchor -straw by tacking with asphalt, netting, or a juulcl. anchor'!ng tool. A disk with Wi ;cs set ne<id), str"liglrt Can i,z used as a mulch anchoring tool. Maiaalenance: Repair mid referiilize daimwed areas immediately. Topdress with 50 Ildacre of nitrogen in March. ',f it is necessary to extend tenalxT-ary cover beyond June 15, overseed with 50 Ib/acre Kobc. Temporary. Scpdiii&- lAi(c Winter wid I-,p i S ria�g Seeding Mixture Species: Rye (grain) Kate (lb/acre): 120 Annual lespedeza Rate (lb/;acre): 50 (Kobe) Omit amoral lespedez�n when duration of temporary coven- is not to extend beyond June. Seeding Dates: December 1 - April 15 Soil Amendments: follow recommendations of soil tests from the Agriculture Isxtensioo Service flor fertilizer and linic application rates. Mlrlch, Apply 4,000 Ib/acre straw. Anchor- straw by tacking, with asphalt, netting., or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring loot. Maintenance: Refertilize if growth is not fully adequate. Reseed, relertilize wid niulch ianmediately following erosion or olhcr clanaage. { 1.6 Tempor Seedin -Summer Seeding Mixture Species: Gentian millet Rate (lb/acre): 40 Seeding Dales: April 15 - August 15 Soil Amendments: 17o11ow recon.mendati;mss of soil tests fi-om Illc Agriculture Extensioc-, Service for' fertilizer and lisle ripplicafioll rates. Mulch: Apply 4,000 Iblacre straw. Arichor straw by tacking with asphall, selling, or a mulch turchoring too]. A disk ;Ath blades set nearly straight can be used as a mulch anchoring 1001. Maintenance: Refertifize if growth is notlolly adoquate. Reseed, refertilize arid nmlch immediately following erosion or other damage. Pentment Seeding Seeding Mixture Species: Pensacola Bahiagrass Sericea Iespedem Ceulipedegrass Gerinan millet Seeding Dates: April t - July 15 hate (lb/acre): 50 30 5 10 Soil Amendments: Apply lime and fer-tilizer according to soil tests from the Agriculture Extension Service Mulch: Apply 4,000 lb/acre grain straw or equivalent cover- of ,another suitable mulch. Anchor by tacking; with asphalt, roving or netliug or by crimping with a snitch anchoring tool. A disk with blades set nearly straight can be used as a rmrlch anchoring tool. Maintenance: Rel'ertilize the following April with 50 Ih/acre nitrogen. Repeat as growth requires. May be mowed only once a year. Where a neat appearance is desired, omit sericea and n1mv as oflen as deeded. limestone shall contain riol less than 85 percent of calcium add rmgnesiurn callmoates and shall conform to (lie following minimum standards: one hundred percent (100%) must pass through U.S. Standard 10 mesh screen and forty percent (40%) must pass through U.S. Standard 100 mesh screen. Equipment to be used for the application, covering and compaction of limestone, fertilizer, and seed shall be approved for that use. Ilpplication of seed and fertilizer in water suspension or by air- blast methods will riot be permilled oil slopes Matter than 2:1. Should a hydraulic seeder be used for application of seed and Ceriili7Cr, the seed shall riot remain in water containing r:•rlilizer for more than 30 minutes prior to application. 1.7 Mulching - Mulch shall be spread uni{%Arnily over the area 1ry hand or by means of appropriate mechanical spreaders or blowers to obtain tin application s;ilisl;ido►y to the I-Lngincer• It is the intent of this specification that satislirctory applicalions shall allow sonic stuilight to penetrate and air to circulate, but aiso partially shade the ground, reduce erosion, and conserve moisture. Care shall be exercised to prevent displacement of soil or seed or, other damage to the seeded area during mulching. 1.8 The Contractor shall be required to take sufficient precautions to prevent mulch entering catch basins or pipe lines through displacement by wind, water, or, other causes. The Coiitract�lr shall apply a sul icicnl amonnl cif nsplmlt to insure that the mulch is properly held in place. 1.9 In the application of r iiilizcr in seeding operations, or in the application of asphalt materials dtrnng mtilcl►ing operations, adequate precaution shall be taken to prevent damage to concrete or metal structures. Such structures shall he adequately covered or application methods changed so as to avoid damage. Where any damage occurs as a result of (lie Contractor's failure to take adequate precautions, the Contractor will be required to repair such damage including any cleaning that may be necessary before final acceptance of the work. 1 • l0 Once art area has been seeded and mulched, the Contractor is required to take adequate precautions to insure that all future construction operations do not damage these areas. No pa}'Inertt will be made for repairs of any kind that are due to negligence of the Contractor. 1.11 Fe►iilizer shall he the standard commercial product ol' analysis. All fertilizer shall be delivered in bags bearing the maniifacitrrcr's name, (lie chemical analysis of the project, and its weight. I f not used immedtalely a(ler delivery, fertilizer shall be stored in a manner that will not allow it to harden or, destroy its eflectiyertcss. 1.12 Seed shall be certified seed or equivalent based on North Carolina Seed Iniprovement Association requircrncnts liar cerliiicalioti. If the seed is riot grown in the state where it is to be used, it shall meet the certification rcdtiirements of' the Seed improvement Association for the state in which it is grown. All seed shill he furnished in scaled standard containers. Seed which has become wet, moldy, or otherwise damage prior to seeding, will not be acceptable, 1.13 Mulch shall be any of Ilse materials noted below; 4 A) Grain straw or dry hay: Mulch imperials which contain all excessive quantity Of mature seal of noxious weed or other species which would hinder the establishment of desirable vegetation will not be acceptable. Any )nulch material which is in an advanced stage of decompospim as to srnodler or retard growth of grass will not be acceptable. B) Asphaltic adhesive; Asphaltic material to anchor straw Intllch shall be thin enough to be blown from spray equipment. It shall be SS-1 emulsion or RS liquid asphalt I or 2. 1.14 Seed: Furnish duplicate signed copies of a statement from vendor certifying that each container of seed is fully labeled in accordance with the Seed Improvement Association requirements for certification. This certificalion shill appear on, or with, all copies of invoices for the seed. Each !r,l of seed will be subject to sampling and testing at the discretion of the Engineer. Sampling and testing will be iri accordance with the latest regulation under the Federal Seed Act. 1.15 Fertilizer and Lime: burnish duplicate copies of invoices I'or- alI fertilizer and lime used on tale project. Invoices for fertilizer shall show the analysis and the quantity 11111lidled, Invoices for iinle shall show the percelttagc: ol, rnagnesiunl oxide and quantity furnished. Upon completion of' the project, a final uhcck of Elie total quantities of fertilizer and lime used will be made igainst the total area seeded and if the :atcs of application have not been rllct, adcli;ional quai!i,iic, of the :c materials shall be applied to make up the application specified. 1.16 Prior to or during grading, and tillage operations, the ground surface shall be cleared of stumps, stones, roots, cable, wire, grade stakes, and other materials that might hinder proper grading, tillage, seeding, or subsequent maintellance operations. 1.17 Grades on the area to be treated shall be maintained in a true sold even condition. Maintenance shall include any necessary repairs to previously graded areas. 1.18 All graded areas shall be thoroughly tilled to a depth of at least flour inches by plowing, disking, hrurowing, or other approved methods until the condition of the soil is Acceptable. On sites whcre soil conditions are such that high clay content send excessive compaction cause diftictihy in getting clods and lumps effectively pulverized, the Contractor shall use rotary tillage machinery, until the mixing of the soil is acceptable and no clods or clumps remain larger than 1-1/2 inches in diameter, A firm and compact seedbed is required, and after being gradcd, the seedbed shall be lightly compacted with a land roller such as a cultipacker, belbre and afler seeding. All tillage operations shall be as near on flit contour as is practical, but in riot instance up and down the slope, 1.19 l.,imestone, may be applied to the area prior to the prepa+-aticul of tile. seedbed, but in all . cases, it shall he applied before seeding and thoroughly incorporated into the entire depth of the prepared seedbed. 'file incotporalion of the lime may form a pall of the tillage operation specified above. 1.20 •I7ne fertilizer shall be incosporated into the upper three or tour inches of the prepared seedbed. This caul be clone just prior to the last tillage operation or just prior to seeding, but in no case, will it be applied more than three days lrelore seeding or before the lime is applied. Dismbution by means of an approved seed drill equipped to sow seed and distribute ferl.ilizer at the wine time will be acceptable. "'hen hydroseeding equipment is used for plaiting operations, fca-tilizer shall be applied simultaneously with seed using lire above rate ofalpplicaliolr. 1.21 When eondltlons are such, by reason of draught, high winds, excessive mols(me, or other environmental factors sine such that salisfgrclory results ate not likely to be obtained, Ilse work shall be stopped and resumed only when conditions are favorable. If inspection during seeding operations, or after there is a show of grcern, indicates that strips wider than the splice between rows planted have been tell, of other areas skipped, additional seed shall be sown on these areas. 1.22 Straw or hay mulch shall be anchored in place by unifOrmly spraying the straw with the hereinbefore specified asphalt material at tlir rate of'0. 10 gallon per square yard. 1,23 'Ilhe area shall be protected against foot and vehicular trallic by erecting adequatu barricades immediately after seeding is completed, and by placing wmiling signs of an approved typo. 1.24 The Contractor shall be responsible for the proper care of the seeded area during the period when Yegetatioa is being established. In the vent of an, erosive rain belbue an adequate stand of' vegetal ion is established, (himaged areas shall '�e repaired, tinted, fertilized, seeded, and mulched wholly at the Contractor's expense. LE ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director November 20, 2019 Nami Hotel, Inc. Mr. jayesh N. Patel 5600 Carolina Beach Road Wilmington, NC 28412 NORTH CAROLINA Environmental Quality Subject: APPLICATION RETURN Nami Hotel, Inc. DBA Best Western Pius Wilmington/ Carolina Beach New Hanover County Dear Mr. Patel: On November 14, 2019, the Division received an incomplete State Stormwater Management Application for the project listed above. The application and check number 006856, in the amount of $505 are being returned because the application package lacked the necessary elements to accept it for review. It appears that this application is in response to the Notice of Deficiency issued for The Palms at Dunhill, permit number SW8 010903, which was written to both The Palms at Dunhill Owners Association, Inc. and Nami Hotel, Inc. on August 22, 2019. Though any parcel that is sold to an entity in that development other than its permittee must obtain an Offsite State Stormwater Permit as you have applied for, the SW8 010903 permit must be modified along with this permit application. For instance, the current permit SW8 010903 permit does not contain an impervious allocation for this lot, and so I cannot yet issue a permit for that allocation. Please contact an engineer to guide you through the process of both fixing the issues with that permit as well as applying for offsite permits that have been subdivided and sold inside the SW8 010903 project area. Please visit DEMLR's website at https:I/deq.nc.gov/about/divisions/energymineral-land= resources energy-mineral-land-permitslstormwater-permits/forms to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at Kelly.p.johnson@ncdenr.gov. Since, ly, x ell J hnso En`viro 4e al Engineer CTGDS/kpj: \\\ Permits & Projects\Application Returns\2019 11 Beast Western Carolina Beach \\\Permits & Projects\2001\010903 HD\2019 11 letter 010903 enc: SW8 010903 State Stormwater NOD, August 22, 2019 Application documents for the subject project cc: Wilmington Regional Office Stormwater File, SW8 010903 D�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources EWilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �iH cH♦dxu °+�••� /�� 910.796.7215 -oat 41 w3bb 1)ov IQU, C) _ wo S M i0 blol o LIN ROY COOPER Governor MICHAEL S. RECAN Secretary S. DANIEL SMITH oireaor August 22, 2019 NORTH CAROLINA Environmental Qualify The Palms at Dunhill Owners Association, Inc. (property owner-R07600-006-179-000) Attn: John Hutchings, Registered Agent c/o 8120 Lakeview Drive Wilmington, NC 28412 Nami Hotel, Inc. (property owner - R07600-006-1.78-000) Attm Jayesh N. Patel, Registered Agent and Vice President 2011 Veasley Street Greensboro, NC 27407 Subject: Notice of Deficiency and Request for Additional Information NOD 2019-PC-185 Stormwater Permit No. SW8 010903 The Palms at Dunhill New Hanover County Dear Messrs. Hutchings and Patel: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this Notice of Deficiency references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21. of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 201.0-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit's expiration date, which was originally set to June 22, 2014, was extended to June 22, 2018, but has since expired. On August 1.9, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file review and inspection of the wet detention pond that serves both The Patens at Dunhill located at 5610 Carolina Beach Road and Nami Hotel, Inc. at 5600 Carolina Beach Road in New Hanover County to determine compliance with Stormwater Management Permit Number SW8 010903 originally issued on January 16, 2002 and later modified on June 22, 2004. DEMLR file review and site inspection revealed that the stormwater facility was not in compliance with the terms and conditions of the permit at that time. You were both copied on the Division's Notice of Inspection letter to Palm Beach Development Group, LLC, dated September 3, 2015. None of the information requested on September 3, 2015 has been submitted to DEMLR and none of the affected parties has contacted the Division to discuss the situation. As the successor property owners, it now falls to both of you to address the current permit compliance issues. A followup file review inspection was conducted on August 20, 2019. The following compliance issues were noted: North Carolina Department of Environmental Quality j Division of Energy, Mineral and Land Resources D- E Q 7> Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 NORfkHGMQ[JNx 910.796.7215 State Stonnwater Permit No. SW8 010903 Page 2 of 3 r FORECLOSURE LDISSOLVED LLC / MAILING ADDRESS CHANGE The original perrnittee, Palm Beach Development Group, LLC, sold the 2 subject tracts to different entities. The condominium tract (Lot 2R) was sold to H&S Development of Wilmington, LLC on April 21, 2004, subject to that Private Easement Agreement recorded on March 12, 2004 in DB 4286 at Page 111 of the New Hanover County Register of Deeds. A map showing the location of the easement was recorded on March 12, 2004 in Map Book 45 at Page 327 of the New Hanover County Register of Deeds. H&S Development of Wilmington, LLC, then conveyed the condominium to The Palms at Dunhill Owners Association, Inc. on January 28, 2005. The mailing address currently on file with the NCSOS for the Association has not been updated since it was created on January 28, 2005. It is the responsibility of the Palms at Dunhill Owners Association, Inc., to update the NCSOS with a current mailing address and to notify the Division of the new mailing address. The hotel tract (Lot 1R) was sold to Nami Hotel, Inc. on September 22, 201.0, also subject to'the Private Easement Agreement recorded on March 12, 2004 in Map Book 45 at Page 327 of the New Hanover County Register of Deeds. The deed to Nami Hotel was executed pursuant to that Chapter 11 Case No. 10-03434-8-SWIM entered in the US Bankruptcy Court on September 1, 2010, which approved the sale of the property. Palm Beach Development Group', LLC was later dissolved by the NCSOS on February 28, 2013. MAINTENANCE The pond has not been maintained. The pond sits on the referenced property currently owned by The Palms at Dunhill Owners Association, Inc. As part of the Private Easement Agreement, the original owners of the referenced parcels, Palm Beach Development Group, LLC, and H&S Development of Wilmington, LLC, agreed for themselves and their successors and assigns, to equally share in the cost associated with the maintenance of said easement. As per the recorded agreement, it is the responsibility of both entities, as successor owners, to provide the necessary maintenance for the pond that serves as the permitted Stormwater Control Measure to treat the runoff from both tracts. PERMIT EXPIRATION AND RENEWAL The permit expired on June 22, 2018 and has not been renewed. It is the responsibility of the Palms at Dunhill Owners Association, Inc., as the owner of the property that contains the pond, to subrrtit a permit renewal application and a $505.00 fee to the Division. You should be aware that the operation of a stormwater treatment facility without a valid permit is a violation of NCGS 143-215.1 and may result in appropriate enforcement action being taken against both The Palms at Dunhill Owners Association and Nami Hotel, Inc., including the assessment of civil penalties. PERMIT TRANSFER The permit must be transferred to The Palms at Dunhill Owners Association, Inc. since they own the referenced property that the pond sits on. The referenced parcel of land that the Nami Hotel, Inc., currently occupies will be assigned a maximum BUA limit in that permit. It will be the responsibility of the Palms at Dunhill Owners Association, Inc., to submit a completed and signed Permit Transfer Application Form, $505.00 fee, and a signed Operation and Maintenance Agreement to the Division. It will be the responsibility of.Nami Hotel, Inc., to submit a separate permit application and receive an individual "Offsite" permit which will give that entity permission to use the pond that will be permitted to The Palms at Dunhill Owners Association, Inc. Isach permit to be issued will reference the previously recorded Private Easement Agreement which provides the legal basis for both parties to understand that they are equally responsible for maintaining the wet detention pond located within the Private Drainage Easement area that treats the runoff from both properties. State Stormwater Permit No. S WS 010903 Page 3 of 3 The requested renewal and transfer applications can be submitted concurrently with separate checks for the individual fees and should be received by this Office prior to September 22, 2019. If you need additional time to submit the information, please mail or email your request for a tirne extension to the Division at the mailing address or email address provided at the end of this letter. The request must indicate the date by which you expect to submit the required information which shall be no more than 1.5 days beyond the original due date. Please include the appropriate documentation and separate fees, with the permit transfer application and the permit renewal application. Please reference the State assigned permit number on all correspondence. Any documents that need to be signed must be provided to the Division with the original signature. Photocopied signatures are not acce tab! . You should be aware that failure to respond to this written request for information and failure to provide the requested documents by the due date cited above are violations of NCGS 143-215.1 and may result in appropriate enforcement action being taken against both The Palms at Dunhill Owners Association and Nami Hotel, Inc., including the assessment of civil penalties. The permit renewal application form and the permit transfer application form are available on our website at: https://deq.nc.gov/about/divisions/energy-rnineral-land-resources/energy-mineral- land-r•trles stormwater- ro ram ost-construction. If you have any questions concerning this matter, please feel free to call Linda Lewis in the Wilmington Regional Office of DEMLR at (91.0) 796-7215. Sine rely, Fr S. Daniel Smi'trector Division of Energy, Mineral and Land Resources Enclosures: August 19, 2015 Compliance Inspection Report GDS/arl: G:\\\Stormwater\Permits & Projects\2001\010903 HD\201.9 08 NOD 010903 cc: Jimmy Fentress, P.E., Stroud Engineering Wilmington Regional Office Stormwater File North Carolina Secretary of State Search Results Page l of i • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List - View Filings Non -Profit Corporation Legal Name THE PALMS AT DUNHILL OWNERS ASSOCIATION Information Sosld: 0763378 Status: Current -Active Annual Report Status: Nat Applicable Citizenship: Domestic Date Formed: 1/28/2005 Registered Agent: Hutchings, John, K Addresses Mailing 1800 Canal Dr Principal Office 1800 Canal Dr Carolina Beach, NC 28428 Carolina Beach, NC 28428 Reg Mailing 1800 Canal Dr Carolina Beach, NC 28428 Reg Office 1800 Canal Dr Carolina Beach, NC 28428 https://www.sosnc.gov/online services/search/Business_Registration_Results 8/21/2019 ,i 4V FOR REGISTRATION REpifiTER OF _EOS NEI. OVFR COUNITY. N 2*4 A?R 21 94 U11 I BK:4266 9:111-114 F'EE:0,1110 MRS I INN STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PRIVATE DRAINAGE EASEMENT This AGREEMENT executed this 20 day of April, 2004, by and between Palm Beach Development Group, LLC, a North Carolina limited liability company hereinafter referred to as "Palm Beach", and H & S DEVELOPMENT OF WILMINGTON, L.L.C., hereinafter referred to as °H & S": WHEREAS by Deed recorded in Book 3045, Page 243 the New Hanover County Registry, Palm Beach was coneyed a 3.2 acre tract of land in New Hanover County and by Deed recorded in Book ✓ , Page ✓ of the New Hanover County Registry; H"&-S was conveyed Tract za, as shown in Map Book % 45 , Page 327 , which is adjacent to the tract owned by Palm Beach; and,1 WHEREAS, the parties have established a private drainage easement servicing the tracts owned by Palm Beach and H & S as shown on Map Book 45, Page 327 and have agreed, for their mutual benefd, to"equally-share- in- the- cost -associated with—�t elmaintenance°4aid easement. 1 i WHEREAS, Stroud Engineering, P.A. has designed and drafted the plans and specifications for the hereinabove referenced easement, as attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, Palm Beach and H & S, for their mutual and respective benefit agree as Follows: That the hereinabove described real properties shall be subject to that drainage easement as shown on Map Book 45, Ppge 327 and as described in Exhibit "A" and said -easement -shall -run -with'the-fan d- an inding-on-the parties,, their successors -and] Palm Beach and H & S for themselves, their successors and assigns, hereby agree that they will equally share in the expense and costs associated with the easement as attached hereto in Exhibit A and agree to divide and pay their one-half of the costs and expenses associated with said easement within five days of being presented with a statement for services and/ or materiah said costs to include but not be limited to upkeep, maintenance and improvements. This the 20th day of April, 2004. PALM BEAC By. `5 o u c ngs, r na em er H EVEL07EN f OF WIL ON, LLC 'r 0S of ZC45 P"/J u ' X 0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER i, Susan P. Price , a Notary Public in and for the State and County aforesaid, hereby certify that JOHN K. HUTCHINGS personally appeared before me this day and acknowledged that .he is a Member/Manag i of Palm Beach Development Group, L.L.C., a North Carolina Limited Liability Company and that by authority duly given and as the act of the company, the foregoing Instrument was signed in its name by JOHN K. HUTCHINGS, Member/Manager. WITNESS my hand and notarial stamp or seal, this the 20 day of April ?iL(n 2004. Notary PublicnNOTARY) My Commission Expires: 12/02/06STATE OF NORTH CAROLINA it COUNTY OF NEW HANOVER I, Susan P. Price , a Notary Public in and for the Sti - aforesaid, hereby certify that MARK R. SIMPSON personally appeared ore me this day and acknowledged that he is a Member/Manager of H & S DEVELOPMENT OF WILMINGTON, L.L.C., a North Carolina Limited Liability Company and that by authority duly given and as the act of the company, the foregoing instrument was signed in its name by MARK R. SIMPSON, Member/Manager. WITNESS my hand and notarial stamp or seal, this the 20 day of April 2004. Notary Public My Commission Expires: 12/02/06,, 140TAAr -..I- PUBLIC STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-0 CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815.0775 UHI131T "A" LEGAL DESCRIPTION FOR PALM BEACH DEV. GROUP, LLC PRIVATE DRAINAGE EASEMENT ON LOT 2R MAP-BOOK-45, PAGE127---] NEW HANOVER COUNTY REGISTRY 0.437 ACRE TRACT Commencing at a point in the southerly right-of-way line of Dunhill Lane (S.R. 2585, 60-foot wide public right-of-way). Said point being in the dividing line between Lot 1 R and Lot 2R as shown on a recombination map for "Palm Beach Dev. Group,LLC" recorded in Map Book 4S Paue 3Z7 in the New Hanover County Registry and being the POINT OF BEGINNING; Thence, from said point of beginning with said dividing line of Lot I and Lot 2R, South 11 degrees 29 minutes 10 seconds West a distance of 15.00 feet to a point. Thence North 78 degrees 56 minutes 45 seconds West a distance of 242.90 feet to a point. Thence South 9 degrees 06 minutes 09 seconds West a distance of 119.68 feet to a point in the northerly line of a variable width public drainage and utility easement as shown on said map for "Palm Beach Dev. Group,LLC". Thence, with said easement line, North 67 degrees 03 minutes 31 seconds West a distance of 130.80 feet to a point in the easterly right-of-way line of Chilmark Court (S.R. 2586, 60-foot wide public right-of-way). Thence, with said easterly right-of-way line, North 9 degrees 06 minutes 07 seconds East a distance of 107.73 feet to a point in aforesaid southerly right-of-way line of Dunhill Lane. Thence, with said southerly right-of-way line South 78 degrees 56 minutes 45 seconds East a distance of 370.60 feet to the POINT OF BEGINNING: Containing 0.437 acres, more or less and being that area shown as private drainage easement on Lot 21Z on Map Book 45 at Page 327. f:/master/pw-2831wpd/delgl.doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY, 24 GREENVILLE, NC 27858 WILMINGTON. NC 28403 MOREHEAD CITY, NC 28557 (252) 7W9352 (910) 815-0775 (252) 247-7479 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Flied For Registration: 04/21/2004 04:21:04 PM Book: RE 4286 Page: 111-114 Document No.: 2004020070 ESMNT 4 PGS $20.00 Recorder: NANCY A SCOTT MMf�RR*iffHfMfiN�M��HIMR/t11M#fRR*ktM#Rki*k#wrf#tkw Ri�RtRRMRRR1t State of North Carolina, County of New Hanover The foregoing certificate of SUSAN P PRICE Notary is certified to be correct This 21 ST of April 2004 REBECCA T. CHRISTIAN , REGISTER OF DEEDS Deputyk4selegant,Register YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2004020070* 2004020070 211 �d a HN �9 OYH was su I�E ul f{ 114� 9 iiy .a k5 Es S x i w lee tap SIN Sn QCS_ 15 x m w i s My� r ry gg LL' 06l1 �, z Z! e .1t 1 4! w w FA 2S w 11.66 j b •t0, ! K !b ,fa-llSOIS s 7 K r ; i:�' ! R3 W C\\I OF'bSl O'I,G231fV� -__- �_ �!►'�SY� SS.i -_�-- - __---�I i � '� 4 / �� y �� x it A yi JJ i Q��• a �1ZfJ , `ll� �w# m �it IC\j ar- .13 _a v=i 41 tit ~\� �w m H O . -.s o I + Lt mnw - •--� _ _ _ -_Ij90.6 ...........k�fb?�VJIN�Y • o„ I Lu Lli a � w n Q6. 0r f Q 1 (Y r O d s ZE c 1.c f' C7 oe fA 8 C4 fi b o. 1PL-16 :•ON 153P6aa FOR REGISTRATION REGISTER OF DEEDS REBi CCA T. C4iRISTIM NEW HRNOVER COUNTY NO 2004 MAR 12 03: O: �B PM BK:45 PG:327-328 FEE:121.m NUN I NO .. MAP INDEX pr,-, Name of Map lv- C-) � OwnelN Name Type of Map: 1/ Subdivision P Condo Highway C Book Page(s)� -:� a--) . Number of Pages Recorded By: 2004012286 C V- Deputy/Register of Deeds l�1 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 !R***!*1r*****iRll RRRR*YR****R*!*RR**ff*fYfflY*lf/fi*+!4lYlY�M!!Y****fRiki!**fftlfff******f*f*Yi1lR**#*RY*RR**R**R**iRR*iR** Filed For Registration: Book: Document No.: 0311212004 03:18:38 PNI PLAT 45 Page: 327-328 2004012286 PLAT 2 PGS $21.00 Recorder: LIESEL WARD State of North Carolina, County of New Hanover REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: 4�" -9-1 �Z" Deputy/A Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2004012286* 2004012286 North Carolina Secretary of State Search Results Page I of I • 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 Business Corporation Legal Name Beach Ride Inc Information Sosld: 0452563 Status: Multiple Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 3/6/1998 Registered Agent: Hutchings, John Addresses Reg Office 1800 Canal Drive Carolina Beach, NC 28428 Officers Stock Class: COMMON Shares: 10000 No Par Value: Yes Reg Mailing PO Box 1683 Carolina Beach, NC 28428 https://www.sosne.gov/online_services/search/Business_Registration—Results 8/21 /2019 North Carolina Secretary of State Search Results Page 1 of 1 • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non -Profit Corporation Legal Name The Gardens Owners Association, Inc. Information Sosld: 0894249 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 1 /24/2007 Registered Agent: Hutchings, John Addresses Mailing 5600 Carolina Beach Road Wilmington, NC 28412 Reg Mailing 5600 Carolina Beach Road Wilmington, NC 28412 Principal Office 5600 Carolina Beach Road Wilmington, NC 28412 Reg Office 5600 Carolina Beach Road Wilmington, NC 28412 https:l/www.sosnc.gov/onIine_services/search/Business_Registration_Results 8121 /2019 New Hanover County Page 1 of 1 PARID: R08410-002-022-000 HUTCHINGS JOHN KIPPAX JR VANDA M 8120 LAKEVIEW DR Parcel Alt ID 312107.79.2906.000 Address 8120 LAKEVIEW DR Unit City WILMINGTON Zip Code - Neighborhood A2G60 Class RES-Residential Land Use Code 10-1 Fam Res Living Units 1 Acres Zoning R-1 5-RESI DENTIAL DISTRICT Legal Legal Description Tax District Owners {On January1st} LT 325 THE CAPE SEC 7 FD Owner HUTCHINGS JOHN KIPPAX JR VANDA M City WILMINGTON State NC Country Zip 28412 THE DATA IS FROM 2019 https://etax.ahcgov.com/pt/Datalets/PrintDatalet,aspx?pin=R08410-002-022-000&gsp=PR... 8/21 /2019 ��r ��'f�� BUSINESS CORPORATION ANNUAL REPORT �•a;,,, y � pb 10-2017 NAME OF BUSINESS CORPORATION: NAMI HOTEL, INC. SECRETARY OF STATE ID NUMBER: 1160875 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1 2/,31 /2018 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Patel, Jayesh N. 2. SIGNATURE OF THE NEW REGISTERED AGENT: Filing Office Use Only E - Filed Annual Report 1160875 CA201910212327 4/12/2019 05:05 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 2011 Veasley Street Greensboro, NC 27407 Guilford County SECTION B: PRINCIPAL OFFICE INFORMATION 2011 Veasley Street Greensboro, NC 27407 1. DESCRIPTION OF NATURE OF BUSINESS: Hotel Management 2. PRINCIPAL OFFICE PHONE NUMBER: (336) 855-0013 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 2011 Veasley Street 2011 Veasley Street Greensboro, NC 27407 Greensboro, NC 27407 6. Select one of the following if applicable. (Optional see instructions) ElThe company is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section F.) NAME: Navan C. Patel TITLE: President ADDRESS: 2011 Veasley Street Greensboro, NC 27407 NAME: Jayesh N. Patel NAME: TITLE: Vice President TITLE: ADDRESS: 2011 Veasley Street Greensboro, NC 27407 ADDRESS: SECTION D: CERTIFICATION, OF ANNUAL REPORT. Section D must be completed in its entirety by a persontbusiness en ti Y. Jayesh N. Patel 4/12/2019 SIGNATURE Form must be signed by an officer listed under Section C of this form. DATE Jayesh N. Patel Vice President Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically, MAIL TO: Secretary of State, Business Registration Division. Post Office Box 29525, Raleigh, NC 27626-0525 New Hanover County Page t of 1 .s wY010�10 3 PARIb:R07600-006-179-000 PALMS AT DUNHILL OWNERS ASSN 5610 CAROLINA BEACH Rb Copyright 2007 0 http://etax,nhegov.comlarcgismapsIPrintMap.aspx?pageType=Datalet&imageFormat=PN... 8/19/2015 a oc x u a m a z n 0 x a u O rl to Ul Is P.i cc � N y ❑ Q ¢ F U 0 0 E E p Q0. CDU W O U ❑ a) co v 2 cO z Z C � C W o f O O a E m c p U U w co Jay U U m v 'o o U N N c rn p N U N OI N C _ @ _� C C N C Q Q O U N Z V r Q N 7. 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Marshall DEPARTMENT aFTHE Secmtary SECRETARYOFSTATE 1P013ot 2= Raleigh, NO 27BM06n (919)8D7-2W0 Most of our online web services will be unavailable starting on 8/21/2015 at 5:01 PM dt scheduled equipment upgrades. Click Here To: View Document Filings Corporate Names Legal: THE PALMS AT DUNHILL OWNERS ASSOCIATION Non -Profit Corporation Information Sosld: 0763378 Status: —; Current -Active Annual Report Status: Not Applicable Citizenship: _ IlDomestic Date Formed: 1/28/2005 Fiscal Month: December State of Incorporation: NC Registered Agent: :;Hutchings, John J Corporate Addresses Mailing: 1800 Canal Dr. Carolina Beach, NC 28428 Principal Office: '11800 Canal Dr Carolina Beach, NC 28428 Reg Office: 1800 Canal Dr Carolina Beach, NC 28428 Reg Mailing: j,1800 Canal Dr Carolina Beach, NC 28428 http://www.secretary.state.nc.us/Search/profcorp/7682305 8/19/2015 SOSID: 763378 Date Filed: 1 /28/2005 10:27:00 AM Elaine F. Marshall North Carolina Secretary of State C200502400148 ARTICLES OF INCORPORATION OF THE PALMS AT DUNHILL OWNERS ASSOCIATION In compliance with the requirements of the Nonprofit Corporation Act, North Carolina General Statutes, Chapter 55- A, the undersigned natural person, a resident of the State of North Carolina and eighteen (IS) years of age, and more, has hereby formed a corporation, not for profit, and does hereby certify that: ARTICLE I The name of the corporation is The Palms at Dunhill Owners Association, hereinafter called the "Association". ARTICLE II The period of duration of the corporation is unlimited and perpetual. ARTICLE II I The purpose for which the Association is organized is to provide a nonprofit owners association composed of the record owners of condominium units located upon that certain tract or parcel of land taken or developed from the property known generally as The Palms at Dunhill, A Condominium, and more particularly described in that Declaration of Condominium for same filed in the New Hanover County Registry. The Association shall provide for the care, protection, maintenance, preservation and architectural control of the development subject hereto and shall promote the health, safety and welfare of the residents thereof, and in furtherance of these responsibilities the Association shall: a. Own, maintain, preserve and care for all of the entrance areas, conservation areas, all common areas, retention ponds and amenities, if any, and the improvements thereon, of the real property subject hereto; b. perform and exercise all of the rights, duties, privileges and powers delegated to the Association by the provisions of those certain Declaration of Condominium for said condominium, hereinafter referred to as the "Declaration", applicable to the real property subject thereto and recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina; said Declaration being incorporated herein as if set forth at length; C. have, exercise and perform any and all powers, rights, privileges and duties which a corporation organized pursuant to the provisions of the Nonprofit Corporation Act of the State of North Carolina by law now or hereafter may have or exercise; d. fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association., including all licenses, taxes or governmental charges levied or imposed against the property of the Association; e. acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; f. borrow money, and with; the assent of two-thirds (2/3) of the members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; g. dedicate, encumber, alien, sell or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of the members agreeing to such dedication, sale or transfer. 2 ARTICLE Iv Every person or entity who is a record owner of a fee or undivided fee interest in any condominium unit in The Palms at Dunhill, A Condominium shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any unit which is subject to assessment by the Association. ARTICLE V The Directors of the Association shall be elected by the members of the Association in the manner provided by the Declaration or By -Laws of the Association. ARTICLE VI No part of the net income of the Association shall inure to the benefit of any officer, director or member of the Association. Upon dissolution of the Association the assets thereof, after all of its liabilities and obligations have been discharged or adequate provisions made therefor, shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes, so long as in accordance with N.C.G.S. 55A-14-03. ARTIQLE V11 The address of the initial registered office of the Association is 1800 Canal Drive, Carolina Beach, New Hanover County, North Carolina 28428, and the name of the initial registered agent at such address is John J. Hutchings. 3 ARTICLE VIII The principal office of the Association is located at 1800 Canal Drive, Carolina Beach, New Hanover County, North Carolina 28428. ARTICLE IX The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners and shall be entitled to one vote for each unit owned. When more than one person holds an interest in any unit, all such persons shall be members. The vote for such unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any unit. Class B: The Class B member(s) shall be Palm Beach Development Group, L.L.C. and shall be entitled to three (3) votes for each unit owned. The Class 8 membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership exceeds the total votes outstanding in the Class B membership; or (b) on December 31, 2009. ARTI2LE X The number of Directors constituting the initial Board of Directors shall be two (2), and the names and addresses of the persons who are to serve as Directors until their successors are chosen and qualify are: NAME ADDRESS John J. Hutchings 1800 Canal Drive Carolina Beach, NC 28428 4 Mark Simpson 1800 Canal Drive Carolina Beach, NC 28428 ARTICLE XI The name and address of the incorporator is: F. Darryl Mills 5710 Oleander Drive, Suite 112 Wilmington, NC 28403 New Hanover County IN WITNESS WHEREOF, t4 undersigned has hereunto set his hand and seal as of the day of January, 2005. l' (SEAL) ARR MILLS, Incorporator STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ' a Notary Public in and for the County of e p,� T and State aforesaid, do hereby certify that F. DARRYL MILLS personally appeared before me this'day and acknowledged the due execution' of the foregoing instrument for the purposes therein expressed. WITNESS my hand and notarial seal, this the 17 day of January, 2005. My Commission Expires: (AFFIX NOTARIAL SEAL) C^ q�i A Y PUBLIC ma's pVBL�G v Z. 41. 11I I lots It, 5 Corporations Division Page 1 of 1 Narth Cam) na Elaine F. marshal! DEF ARTMEN r' OFTHE Secreta►y SECRETARY OF STATE tPO Ebx 29M Raleigh, NO 276264M (919160i-2000 Most of our online web services will be unavailable starting on 8/21/2015 at 5:01 PM dt scheduled equipment upgrades. Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: H & S Development of Wilmington LLC Limited Liability Company Information • Sosld: 0713584 Status: .Current -Active Annual Report Status: Current Citizenship: Domestic --�--� Date Formed: 2/26/2004 Fiscal Month: „� December State of Incorporation: NC Registered Agent: 'Simpson, Elizabeth Corporate Addresses Mailing: 7426 Janice Lane Wilmington, NC 28411 Principal Office: 17426 Janice Lane ,Wilmington, NC 28411 Reg Office: 7426 Janice Lane Wilmington, NC 28411 Reg Mailing: j7426 Janice Lane ,,Wilmington, NC 28411 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: John K Hutchings PO Box 16655 Wilmington NC 28408 ,Manager: Elizabeth A Simpson 17426 Janice Lane W\ ilmington NC 28411 http://www.secretary.state.nc.us/Search/profcorp/6198686 8/ 19/2015 vEP^ar E-Filed Annual Report:- LIMITED LIABILITY COMPANY 6198696 ANNUAL REPORT Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: I1 & S Develapmenu of 3,71mington lJ,C REPORl' FORTH E YEAR: 2015 STATT OF INCORPORATION: NC SECRETARY OF S'[WIT, L.L.C. [D NUM131 R: 0713584 NA'1'URI OF BUSINI SS: real estate development RGGISTF;RED AGEN'FSimpson, Elizabeth REGISTERED OFFICE, MAILING ADDRESS: 7426 Jcmice Lane Wilmington, NC 28411 R1;G15'I'1;RE;D Ol'F1CI S'I'R1;E'I' ADDRESS: 7426.1anice Loire Wilmington, NC 28411 New Hannover Counly PRINCIPAL 01;HCE'l'ELEPLIONE NUMBER: 910-443-0517 PRINCIPAL 01,HCE MAILING ADDRESS: 7426 Janice Lane Wilminglon, NC 28411 PRINCIPAL OFFICE, STREET ADDRESS: Company Officials: Name:.lohn K Hutehinhs Tr11e: Manager Address: PO Box 16655 Wihninuton. NC 28408 7426 Janice Larne Wilminglon, NC 28411 Nome: Elizabeth A Simpson Title: Manager Address: 7426 Janice Leme Wilmineton. NC 28411 CERTIFICATION OF ANNUAL REPORT' MUS'[' 13E COMPLETED BY ALL LIMITED LIABILITY COMPANIES Elizabeth A Simpson FORM MUST BE SIGNED BY A MANAGERMEMBER 4/7/2015 DATE Elizabeth A Simpson Manager TYPE OR PRINT NAME TYPE OR PRINT'ITFLE ANNUAL REPORT FEE: F-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 200402012169 FOR REGISTRATION REGISTER OF DEEDS ESE T. CHR'STIRN NEW µANOVER COUNTY HC 2004 APR 2j 04:21:�4 PM 8K:4286 p6:107-110 FEE 320.00 I5M I MUM NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: —0— Parcel Identifier NA07600-006-179--000yerified by County on the day of 120 By: AlsoRe — — 0 MailBox to: This instrument was prepared by: Ned M. Barnes, Atty, A-3 Pleasure Island Plaza, Carolina Beach, - Brief description for the index: Tract 2R NC 28428 _ _ ^_ — THIS DEED made this 20th day of April , 20L , by and between GRANTOR PALM BEACH DEVELOPMENT GROUP, LLC, a NC limited liability company GRANTEE H & S DEVELOPMENT OF WILMINGTON, LLC, a NC limited liability company 419 Marina Street Carolina Beach, NC 28428 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, New Hanover County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN BY REFERENCE The property hereinabove described was acquired by Grantor by instrument recorded in Book 3045 page 243 A map showing the above described property is recorded in VI?Book 45 page 327 NC Bar Association Form No. 3 ® 1976, Revised ® 1977, 2002 + lathes Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all persons whomsoever, other than the followinipxceptions: 1. Rights of way and easements of record, any. 2. Zoning and/or subdivision ordinances and regulations. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for the year 2004 and subsequent years. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) 7- z B (SEAL) x "T-fTLE: Manager/Member (SEAL) U a m w (SEAL) a ` ' ° ` s •` >. State of North Carolina - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instnment for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 20 WMy Commission Expires: Notary Public State of North Carolina - County of New Hanover ±` 1 the undersigned No Public of the County and State aforesaid,A UTCHINGS , a aatt •�"""�CF VANDA M. HUTCHINGS, MARK R. SIMPSON _and E e e me this day and acknowledged that they are ere of PALM REACH DEVELQMNT NOTARY GROUP, LLC , a NC ampcmmtitwllimited liability company! pwWnd* (strike through the inapplicable), and that by authority duly given and as the act of each entity, �� he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and BL Notarial stamp or seal this 20 th day of Aril 2oQ4 4�a VE ►1 -(%"a +` � My Commission Expires: 12 / Q 2 / 05 Notary Public � State of North Carolina - County of 0 I, the undersigned Notary Public ofthe County and State aforesaid, certify that z r Witness my hand and Notarial stamp or seal this day of , 20 . a wMy Commission Expires: �D Notary Public, The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. 3 ® 1976, Revised ® 1977, 2002 * James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com STROUD ENG11WERING, P.A. 0"ULTING ENGINEER4 102-D CINEMA DRIVE WVMMIN0T1)N, NOR-rH c,6oum 2a4o3 (810) 81"res F.%HIBIT "A" LEGAL DESCRIPTION TM PALM BEACH DEV. GROUP, L:LC . REVISING LOT 2 OR) ?4AP BOOK 42, PAGE 249 NEW HAaNOVER COUNTY REGISTRY 1.738, ACRE TRACT Beginning at an existing iron pipe Lgcated at the intersection of the westerly right-of-way fine of t4c: Service Road for Carolina Beach ]Road, US 421, (variable width right-of-way) and the southerty right -of way line of Dunhill Road, -NCSR 2585, (60 feet wide public right-of-way) as shown on Al. subdivision map entitled "Palm B�ach-Development Group, LLCM recorded in Map Book 42 at Page 249 in the New Hanover Cou4ty Registry, said point being the northeasterly corner of Lot 1. Thence along and with the southorl, right of way of.Dimhgl Road, North 78 degrees 56 minutes ,t` seconds West a distance of 225.07 feet to an existing iron mbar, and being the POINT (IF BEGLN!ANG; Thence South 11 degrees 29 minutes 10 b000nds West a d_ isteuce of 254.30 60et, to an existiiis iron rebar. Thence South 55 degrees 23 minutes 32 seconds Ease a distance of 224.66 feat, to ur existing iron rebar located at the western right ofway line of.the Service Road for Carolina Bea Alt Road. Thence along and with thel'Service Road right :of'way South 10 degrees 15 mimrtes 37 seconds West a distance of 16.46 &et, to an existing iron mbar. Thence departing £roil, the Servi:t., Road right of way North 55 degrbis 23 minutes 32 seconds West a distance of 495.59 feet to 3r1 eisting concrete monument. Thence North 72 degrees 1S minutes.29 seconds West a distance of 116.27 ibet to an existing iron raw located on the.eastern right of way of Chilmark Court, NCIL4, 2586, (50 feet wide public right4--way). Thence along W with the right of way of Chilmari: Court North 09 degme9 06 nrinutep 08 seconds East a distance of 149.04 feet to an existing irm rebar located at the south eastern bight of way intersection of Chilmark Court with Dunhill Rotid. Thence proceeding along and with !the southern right of way of Dunhill Road South 78 degrees 56 minutest 45 seconds East a distance of 370.60 feat to an existing iron rebar and the POINT OF BEGINNING; Contalnirig 1.738 a0vA more or less. File FAmastelAPw-2831wpd11ot2r.d0c 107 (.1mmERCE ST. "�N SUITE S 102-D CINEMA Dy c3AEHayIu E, NC 27858 ! W&ANmtotl, NC (212) 75&0392 I (010) 91&07i5 4�41 A FIEST'RON PLAZATW.) 151-A HM. 24 MOREl EAU CITY. NC 21i6,11 (2m) 247-7479 I t LI REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 rraraiarrrrrr►rrrrrrrrrrrrrrriimtrrrrrrrraa+rrrar�ra►fv Filed For Reglatratlon: 04/21/2004 04:21:04 PM Book: RE 4286 Page: 107-110 Document No.: 2004020069 'DEED 4 PGS $20.00 Recorder: NANCY A SCOTT rrrrrirrrrrirrrrrrrr Rw1�RMrirt/r�w�rriRN*rir#/rrtr}e►+rer�wri►A►�lrrwi►irkMA#iRAiriiilMr*fw�YiiMYwwirrrilMi�►iiiMiifiliMisMi1N State of North Carolina, County of New Hanover The foregoing certificate of SUSAN P PRICE Notary is certified to be correct. This 21 ST of April 2004 REBECCA T. CHRISTIAN , REGISTER OF DEEDS YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2004020069* 2004020069 'CB Qvm 0]N� �N z�� 9 ww � ow • ay _ I a� koV38 VNOo�IV0 !z� ,-MN sr? oo�Y c�rr RY wd� � 1 1 r i 1 iw 1 1 El�1 -V \` Zlcj p �srNu� °emu h�7�w-� a'"O2.LZ.215 'll'66 �f8 U K O n N W nC� lu x w T � K Q _ w wmr i N Qcom�mm °' 6Y: Ih V A i •„ J w rn W y 4 a�i xO1,6Z.1lN .'"sr a �, • O ■ h' x O � ' h v tih � v �o i wN We�_�m s 6fl o.9 A.6 O.6S[ � W = e Leda �' J 1 w` `axv DA Aso "a W f3R-`'- .•.' lQ ; i :". .,��P� w' '�% � p�•'°' .»'�fr m•., ��n�a u� : 8O,9O.6ON - - - 1$'A[�Jg %y4'p�'....`•%6t.' ryr,� _ J,.B_0,9O.6ON -- '-`------ _ •al.a..I�n'�" r- ,¢3,x� ---98Sz HS - _- b„m - - _ - 10- - �N ------ f V Na O C�wi w�����oSc°5 `rr LLf 4r w^ O Ell d 0 on 0 li 0 40 tj a 4 ri Corporations Division Page 1 of 1 Torch cardllna jeaIn F. iwarshsl1 DEPARTMENT of TwE Secmfary SECRETARY OF STATE. CFO Box 2M. Raleigh. NO 27B28 M M9WT-=0 Most of our online web services will be unavailable starting on 8/21/2015 at 5:01 PM dt scheduled equipment upgrades. Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report Form Amend a Previous Annual Report Corporate Names Legal: Palm Beach Development Group L.L.C. Limited Liability Company Information Sosld: 0601279 Status: Admin. Dissolved Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 8/17/2001 Fiscal Month: I December State of Incorporation: NC Registered Agent: Simpson, Elizabeth Corporate Addresses Reg Office: 419 Marina Street Carolina Beach, NC 28428 Reg Mailing: 5600 Carolina Beach Road Wilmington, NC.28412 Mailing: 5600 Carolina Beach Road Wilmington, NC 28412 Principal Office: 5600 Carolina Beach Road ,Wilmington, NC 28412 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: John K. Hutchings 5600 Carolina Beach Road Wilmington NC 28412 http://www.secretary.state.nc.us/Search/profcorp/5362261 8/19/2015 ,i� NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Elizabeth Simpson Palm Beach Development Group L.L.C. (0601279) 5600 Carolina Beach Road Wilmington, NC 28412 State of North Carolina Department of the Secretary of State CERTIFICATE OF ADMINISTRATIVE DISSOLUTION 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Palm Beach Development Group L.L.C. has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G_S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6703. This the 28th day of February, 2013 Elaine F. Marshall Secretary of State Document Id: C201305900409 FOR REO 1:TRATION REOI5TER OF DEEDS Ri:BECCR T. CNRI STIRN NE4 NWIOVER COl1NTY NC 2A JAN 28 11:46:18 PM BK:4653 PG:273-297 FEE183.30 MR0 1 =030 • -0,4 . •► WSJ MIKORUD•v + 1u1 DEVELOPED BY H & S DEVELOPMENT OF WILMINGTON, LLC, a North Carolina Limited Liability Company PREPARED BY: F. DARRYL MILLS JACKSON, MILLS & CARTER, P.A. 5710 OLEANDER DRIVE, SUITE 112 WILMINGTON, NC 28403 (910) 350-1500 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF CONDOMINIUM THE PALMS AT DUNHILL CONDOMINIUMS THIS DECLARATION, made this the 26th day of January 2005 , by H & S DEVELOPMENT OF WILMINGTON, LLC, hereinafter referred to as "DECLARANT"; KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the Declarant is the owner of record of the fee simple title of certain real property located entirely in the County of New Hanover, State of North Carolina, which is more particularly described in Exhibit "A" hereto attached and incorporated herein by reference; and WHEREAS, the Declarant is the owner of a multi -unit building, and certain other improvements heretofore constructed upon the aforesaid property; and WHEREAS, it is the desire and the intention of the Declarant to market, sell and convey interests in the property and the improvements thereon as a condominium project pursuant to the provisions of Chapter 47C of the North Carolina General Statutes, entitled "The North Carolina Condominium Act"; and WHEREAS, it is the desire and intention of the Declarant in the recordation of this DECLARATION in the Office of the Register of Deeds of New Hanover County, North Carolina, to submit said condominium pro}ect to the provisions of the said Chapter 47C; NOW, THEREFORE, THE DECLARANT DOES HEREBY DECLARE THAT ALL OF THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" HERETO ATTACHED AS WELL AS ALL OF THE IMPROVEMENTS CONSTRUCTED THEREON, IS HELD AND SHALL BE HELD, CONVEYED, HYPOTHECATED, ENCUMBERED, USED, OCCUPIED, AND IMPROVED SUBJECT TO THE FOLLOWING ARTICLES OF COVENANTS, CONDITIONS, RESTRICTIONS, USES, LIMITATIONS AND OBLIGATIONS, ALL OF WHICH ARE DECLARED TO BE IN FURTHERANCE OF A PLAN FOR THE IMPROVEMENT OF SAID PROPERTY AND THE DIVISION THEREOF INTO CONDOMINIUM UNITS AND SHALL BE DEEMED TO RUN WITH THE LAND AND SHALL BE A BURDEN AND A BENEFIT TO THE DECLARANT, ITS SUCCESSORS AND ASSIGNS, AND ANY PERSON OR ENTITY ACQUIRING OR OWNING AN INTEREST IN THE REAL PROPERTY AND IMPROVEMENTS, OR ANY SUBDIVISION THEREOF, THEIR GRANTEES, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES AND ASSIGNS. ARTSCLE _I . Definitions For the purposes of this Declaration and the By -Laws of the Association, hereinafter defined, the following definitions for the term used herein and therein shall apply unless otherwise defined by the context thereof: 2 1.1 shall mean and refer to The North Carolina Condominium Act, Chapter 47C of the General Statutes of the State of North Carolina, as such may be supplemented or amended from time to time. 1.2 AESESaMENT shall mean and refer to a share or all of the funds required for the payment of the common expenses, hereinafter defined, of the Association which from time to time shall be levied or assessed against a unit owner(s) by the Association, all as provided for hereinbelow. 1.3 ALLOCATED INTERESTS shall mean and refer to the undivided interest(s) in the common elements, the common expense liability and votes in the Association allocated to each unit. 1.4 ASSOCIATION shall mean and refer to THE PALMS AT DUNHILL OWNERS ASSOCIATION, the mandatory association of all unit owners, as is more particularly described in Article VI hereinbelow and organized or to be organized pursuant to North Carolina General Statutes 47C-3-101, et seq. 1.5 BUILDING shall mean and refer to the one (1) multi -unit building which the Declarant has constructed upon the real property described in Exhibit "All,to be used for residential purposes, as hereinafter provided. Attached hereto and made a part hereof by reference is Exhibit "B", a survey of the real property showing the location of the building thereon and other improvements and Exhibit "C" which consist of a full and exact copy of the plans of the buildings. Said building is more particularly described in the plans of said building, showing all particulars as required by law. In general, the building has two (2) stories above the ground level. There are four (4) floor plans of varying dimensions. There are no basements. There are sixteen (16) two -bedroom units with two (2) baths each, eight.(8) of which have handicap accessibility. There are two (2) one -bedroom units with one (1) bath each, one (1) of which has handicap accessibility. The building has been principally constructed,of wood on a concrete slab. 1.6 BOARD shall mean and refer to the Executive Board or Board of Directors of the Association and DIRECTOR shall mean and refer to a member of said Board. 1.7 BY-LAWS shall mean and refer to those By -Laws of the Association providing for the government of the Association as they are duly adopted and amended from time to time by the Association. A copy of the initial By -Laws are attached hereto as Exhibit "D" and made a part hereof by reference. 1.8 COMMON ELEMENTS generally shall mean and refer to all of the real property, described on Exhibit "A", and all of the present or proposed improvements and facilities thereon which are not units, as defined hereinafter. 1.9 COMMON EXPENSES shall mean and refer to the expenditures, costs and expenses incurred by the Association for the administra- tion, maintenance, operation, enjoyment, safety, repair, and 3 replacement (including a capital reserve for repair, maintenance, and replacement) of the common elements as well as any other financial liability incurred by the Association pursuant to the fulfillment of its obligations and purposes as stated herein or by law and designated as common expenses. Common expenses are additionally intended to mean and refer to any expense incurred by the Association as shall be hereinafter agreed upon by the Association of unit owners as common expenses of the Association. 1.10 IA 1 Y shall mean the liability for common expenses allocated to each unit (allocated interests) pursuant to North Carolina General Statutes 47C-2-107, 1.11 COMMON -SURPLUS shall mean and refer to the balance of all revenues of the Association remaining after the deduction of the common expenses. 1.12 CONDOMINIUM shall mean and refer to the entire proposed development created pursuant to this Declaration consisting of all the real property including all phases or sections, all units, all improvements and structures thereon, all common areas and facilities, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for common use in connection therewith, which are intended to be submitted to the provisions of the act by this Declaration, and the supplements and amendments hereto, as are provided for hereinbelow. 1.13 ]2ECLABLNT shall mean R & S DEVELOPMENT OF WILMINGTON, LLC, its successors and assigns, as the owner of the property and who as a part of a common promotional plan offers to dispose of its interest in a unit not previously disposed of or reserves or succeeds to any special declarant right. 1.14 DECLARATION shall mean the Declaration of Condominium for THE PALMS AT DUNHILL CONDOMINIUMS and any and all amendments. 1.15 DEVELOPMENT RIGHTS shall mean any right or combination of rights reserved by the Declarant in this Declaration to add real estate to a condominium; to create units, common elements or limited common elements within a condominium; to subdivide units or convert units into common elements or to withdraw real estate from a condominium. 1.16 DISPOSE OR DISPOSITION shall mean the voluntary transfer to a purchaser of any legal or equitable interest in a unit, but not a transfer or release of a security interest. 1.17 SXEC[jjyE BOARD shall mean the body, regardless of name, designated in this Declaration to act on behalf of the Association. It generally shall be designated herein as the "Board of Directors° or "Hoard". 1.18 IDENTIEYI^NG NJ�MBER means the letter, symbol or address that identifies only one specific unit in the Condominium_ 1.19 LIMITED COMMON -ELEMENT shall mean a portion of the common elements, if any, allocated by this Declaration for the exclusive use of one unit. 4 expressly made a part hereof by reference. The membership of the Association at all times shall consist exclusively of all the unit owners. Except as may be limited by the terms of this Declaration, each unit shall be allocated one vote in the Association to be used by the unit owner or unit owners of each respective unit, 6.2 Powg-ra: The Association shall have the power to: adopt and amend By -Laws and rules and regulations; adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners; hire and terminate employees, agents and independent contractors; institute, defend or intervene in its own name in litigation or administrative proceedings on matters affecting the Condominium; make contracts and incur liabilities; regulate the use and provide for maintenance, repair, replacement and modification of common elements, specifically including the retention pond shown on the recorded plat; cause additional improvements to be made as a part of the common elements; acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, provided that common -elements may be conveyed or subjected to a security interest only pursuant to G.S. 47C-3-112; grant easements, leases, license and concessions through and over the common elements; impose and receive any payments, fees or charges for the use, rental or operation of the common elements and for services provided unit owners; impose charges for late payment of assessments, and after notice and an opportunity to be heard, levy reasonable fines not to exceed $150.00, or the maximum allowed by law, whichever is greater, per violation for violation of the Declaration, By -Laws and rules and regulations of the Association; impose reasonable charges for the preparation and recordation of amendments to the Declaration, resale certificates or statements of unpaid assessments; provide for the indemnification of and maintain liability insurance for the officers, the Hoard, its employees and agents; exercise all other powers that may be exercised in North Carolina by legal entities of the same type as an Association; and exercise any other powers necessary and proper for the governing and operation of the Association. 6.3 The Board of Directors may not act on behalf of the Association to amend the Declaration, to terminate the Condominium or elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Board members except upon the approval of all of the unit owners. 6.4 Common Expenses: The common expenses of the Association shall be shared equally by the unit owners which is the same proportion that the undivided interest in the common areas and facilities appurtenant to each owner's unit bears to the total of all undivided interests in the common areas and facilities appur- tenant to all units. 6.5 NMQnaaement_and Maintenance: The Association, as a common expense, shall be responsible for the maintenance, repair and replacement as necessary of all of the common elements, including those portions thereof which contribute to the support of the building or buildings, and the retention pond located on the Condominium property. All pipes, conduits, ducts, plumbing, wiring, and other facilities located in the common areas and facilities for the furnishing of utility and other services to the units and said common areas and facilities are to be maintained, 11 expressly made a part hereof by reference. The membership of the Association at all times shall consist exclusively of all the unit owners. Except as may be limited by the terms of this Declaration, each unit shall be allocated one vote in the Association to be used by the unit owner or unit owners of each respective unit. 6.2 powers: The Association shall have the power to: adopt and amend By -Laws and rules and regulations; adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners; hire and terminate employees, agents and independent contractors; institute, defend or intervene in its own name in litigation or administrative proceedings on matters affecting the Condominium; make contracts and incur liabilities; regulate the use and provide for maintenance, repair, replacement and modification of common elements, specifically including the retention pond shown on the recorded plat; cause additional improvements to be made as a part of the common elements; acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, provided that common elements may be conveyed or subjected to a security interest only pursuant to G.S. 47C-3-112; grant easements, leases, license and concessions through and over the common elements; impose and receive any payments, fees or charges for the use, rental or operation of the common elements and for services provided unit owners; impose charges for late payment of assessments, and after notice and an opportunity to be heard, levy reasonable fines not to exceed $150.00, or the maximum allowed by law, whichever is greater, per violation for violation of the Declaration, By -Laws and rules and regulations of the Association; impose reasonable charges for the preparation and recordation of amendments to the Declaration, resale certificates or statements of unpaid assessments; provide for the indemnification of and maintain liability insurance for the officers, the Board, its employees and agents; exercise all other powers that may be exercised in North Carolina by legal entities of the'same type as an Association; and exercise any other powers necessary and proper for the governing and operation of the Association. 6.3 The Board of Directors may not act on behalf of the Association to amend the Declaration, to terminate the Condominium or elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Board members except upon the approval of all of the unit owners. 6.4 Common Expenses: The common expenses of the Association shall be shared equally by the unit owners which is the same proportion that the undivided interest in the common areas and facilities appurtenant to each owner's unit bears to the total of all undivided interests in the common areas and facilities appur- tenant to all units. 6.5 Managgment and Ma},ntenance: The Association, as a common expense, shall be responsible for the maintenance, repair and replacement as necessary of all of the common elements, including those portions thereof which contribute to the support of the building or buildings, and the retention pond located on the Condominium property. All pipes, conduits, ducts, plumbing, wiring, and other facilities located in the common areas and facilities for the furnishing of utility and other services to the units and said common areas and facilities are to be maintained, 11 repaired and replaced as necessary, and should any incidental damage be caused to any unit by virtue of any work which may be done or caused to be done by the Association in the maintenance, repair, or replacement of any common areas and facilities, the Association shall, at its expense, repair such incidental damage. Whenever the maintenance, repair, and replacement of any item for which the Association is obligated to maintain, replace or repair at its expense is occasioned by any act of a unit owner, his immediate family, guests, or invitees, and such loss or damage may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement, except that the unit owner who is responsible for the act causing the damage (whether done by himself or by his family, guests, or invitees) shall be required to pay such portion of the cost of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair, or replacement. If insurance proceeds are not available then the unit owner responsible for the loss or damage (whether done by the owner or the owner's family, guests or invitees) shall be solely responsible for the costs of repair. 6.6 Unit Owners Maintenanc-e: Every owner shall perform promptly all maintenance and repair work within his unit which, if omitted, would affect the condominium, either in its entirety or in a part belonging to other owners; every owner being expressly responsible for the damages and liability which his failure to do so may engender. The owner of each unit shall be liable and responsible for the maintenance, repair, and replacement, as the case may be, of all air conditioning and heating equipment, stoves, refrigerators, fans, or other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to his unit. Such owner shall further be responsible and liable for the maintenance, repair, and replacement of the surfaces of any and all walls, ceilings, and floors which are a part of his unit, including painting, decorating, and furnishings, and all other accessories which such owner may desire to place or maintain in his unit. whenever the maintenance, repair, and replacement of any item for which the owner of a unit is obligated to maintain, replace, or repair at his own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement except that the owner of such unit shall be, in said instance, required to pay such portion of the costs of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair, or replacement. All glass doors, window frames, panes and screens are a part of the respective units and shall be maintained by the respective unit owners. 6.7 Except as expressly provided herein, N.C.G.S. 47C-3-107 shall govern the procedure to be followed by the Owners Association in the event of damage to a unit or to any common or limited common elements. 12 GRYLOR , EDWRRDs-17RI L 219 NEW BRIDGE STREET P o sox 1057 1RCKsomt.LE NC 28541 201e;$24308 FOR RFC t57RGT[ON RECIS fER OF DE E05 NELFIIFER H 17RCNEf SH 20i0 5EP 02 3YSa 12 7NPN K5508 PG:959-9fi q S4 NG RSV srRP sa.saa pg VON WARRANTY DEED 'CHF? ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TITLE EXAMINATION AS TO THE PROPFRTY HEREIN DESCRIHFD, UNLESS THE SAME IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE. Mail after recording to: NAMI Hotel, Inc., 2011 Veasley Street, Greensboro, NC 27407 This instrument was prepared by Jackson, Mills & Carter, P.A., 5710 Oleander Drive, Suite 112, Wilmington, NC 28403 Brief desr cription l'or the Index:'1.56 acres'Lot-1R,-Grove Park Properties Trace(„ Parcel No: R07600-006-178-000 n�vu"r� Santis-= STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WARRANTY HEED THIS DEED made this z.--1 day of September, 2010 by and between PALM BEACH DEVELOPMENT GROUP, LLC, a North Carolina Limited Liability Company, P. O. Box 15480, Wilmington, NC 28408, hereafter GRANTOR, and NAMI HOTEL, INC., a North Carolina corporation, 2011 Veasley Street, Greensboro, NC 27407, hereafter GRANTEE. The designation Grantor and Grantee as used herein shall include said parties, theirheirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: BEING ALL THE PROPERTY DESCRIBED ON EXHIBIT "A" HERETO ATTACHED AND MADE A PART HEREOF BY REFERENCE. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The preparer of this instrument has been informed that property described above does not includes the primary residence of the grantor, but no independent verification has been made and none is represented herein. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is executing this Deed pursuant to and subject to that Order entered in the United States Bankruptcy Court the 1 st day of September, 2010, a copy of which is attached hereto as Exhibit'B" and that subject to said Order, Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except: I, All restrictive covenants of record; 2. Ad valorem taxes for the year 2010 and thereafter; 3. All utility easements, permits and rights of way of record; A. All zoning, land use and planning rules, regulations, ordinances and statutes. M WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized Member Manager, the day and year first above written. PALM BEACH DEVELOPMENT GROUP, LLC A North Carolina Limited Liability Company BY: (SEAL) ber/Manabet Cam/ STATE. OF NORTH CAROLINA COUNTY OF NEW HANOVER a Notary Public of the County of and State aforesaid, do hereby certify that o�•� k . 1 a . z personally appeared before me this day and acknowledged the foregoing instrument as a Member/Manager of PALM BEACH DEVELOPMENT GROUP, LLC, a North Carolina Limited Liability Company. WITNESS my hand and official stamp or seal, this Z day of My Commission Expires: P"-, J t_ D o t (AFFIX NOTARIAL SEAL) p;1WPDOCS%W DPAI.M.HEACI[DEVF,LOPA(F7N'T. WPD Di2c '-, Q"'k Notary Public ,rpTggl- EXHIBIT A Commencing at the intersection of the southerly right-of-way line of Dunhill Lane (SR 2585 - 60 foot wide right-of-way) and the westerly right-of-way line ofCarolina Beach Road (US Highway421 variable right-of-way) as shown on a map of Brewster Place recorded in Map Book 37 at Page 112 in the New Hanover County Registry. Said point being the POINT OF BEGINNING; Thence from said point of beginning, with said westerly line of Carolina Beach Road, South 11 degrees 27 minutes 10 seconds West a distance of 99.11 feet to a point. Thence South 17 degrees 01 minutes 47 seconds West a distance of 201.41 feet to a point. Thence South 10 degrees 15 minutes 37 seconds West a distance of 61.12 feet to a point in the northerly line of a tract described in a deed to James T. Turlington, Sr. recorded in Deed Book 1556 at Page 690 in the New Hanover County Registry. Thence with said northerly line North 55 degrees 23 minutes 32 seconds West a distance of 495.59 feet to a point at the northeasterly comer of Lot 1 R of aforesaid Brewster Place. Thence with the northerly line of said Lot I R North 72 degrees 15 minutes 29 seconds West a distance of 116.27 feet to a point in the easterly right-of-way line of Chilmark Court (SR 2586 - 60 foot wide right-of-way) as shown on aforesaid map of Brewster Place. Thence with said line of Chilmark Court North 9 degrees 06 minutes 08 seconds East a distance of 149.04 feet to a point in the southerly line of aforesaid Dunhill Lane. Thence with said line of Dunhill Lane South 78 degrees 56 minutes 45 seconds East a distance of 595.67 feet to the POINT OF BEGINNING. Containing 3.24 acres, more or less, and being a portion of the Grove Park Properties Tract recorded in Deed Book 1587 at Page 177 in the New Hanover County Registry. Less and except the following tract of real property conveyed to H & S Development of Wilmington, LLC Beginning at an existing iron pipe located at the intersection of the westerly right-of-way line of the Service Road for Carolina Beach Road, US 421, (variable width right-4-way) and the southerly right-of-way line of Dunhill Lane (sometimes referred to as "Dunhill Read"), NCSR 2585, (60 feet wide public right-of-way) as shown on a subdivision map entitled "Palm Beach Development Group, LLC' recorded in Map Hook 42 at Page 249 in the New Hanover County Registry, said point being the northeasterly corner of Lot I. Thence along and with the southern right-of-way of DunWii Lane, North 78 degrees 56 minutes 45 seconds West a distance of 225.07 feet to an existing iron rebar, and being the POINT OF BEGINNING; Thence South I 1 degrees 29 minutes 10 seconds West a distance of 254.30 feet, to an existing iron rebar. Thence South 55 degrees 23 minutes 32 seconds East a distance of 224.66 feet, to an existing iron rebar located at the western right of way line of the Service Road for Carolina Beach Road. Thence along and with the Service Road right of way South 10 degrees 15 minutes 37 seconds West a distance of 16.46 feet, to an existing iron rebar. Thence departing from the Service Road right of way North 55 degrees 23 minutes 32 seconds West a distance of 495.59 feet to an existing concrete monument. Thence North 72 degrees 15 minutes 29 seconds West a distance of 116.27 feet to an existing iron rebar located on the eastern right of way of Chilmark Court, NCSR 2586, (60 feet wide public right-of-way). Thence along and with the right of way of Chilmark Court North 09 degrees 06 minutes 08 seconds East a distance of 149.04 feet to an existing iron rebar located at the south eastern right of way intersection of Chilmark Court with Dunhill Lane. Thence proceeding along and with the southern right of way of Dunhill Lane South 78 degrees 56 minutes 45 seconds East a distance of 370.60 feet to an existing iron rebar and the POINT OF BEGINNING; Containing 1.738 acres, more or less. tAlso.beingAescribed'as follows: Being all of Lot-lR; wuWning.1.501.acres, as shown-owa map recorded -in Map book 45, Page-327 in the New. Hanover County, North Carolina Registry. SUBJECT TO: Private Diainage Easement with'ISe Palms Condominiums regarding riiiiintenancei of the retention pond on the site datcxl Apri12U; 2010 and recorded in Book 4286 at Page 1 L 1 of the New Hanover -County. Re Registry.-gi ni'• Case 10-03435-8-SWH Doc 64 Filed 09/01/10 Entered 09/01/10 12:50:40 Pagq,n of 6 Exhibit "B" (page 1 of 6) p r x SO ORDERED. SIGNED this 01 day of September, 2010. r Stephanl W. Humrickhouse United States Bankruptcy Judge IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WILMINGTON DIVISION In the Matter of: Case No.: PALM REACH DEVELOPMENT GROUP, LLC, 10-03435-8-SWH Debtor. Chapter l 1 ORDER ALLOWING PRIVATE SALE OF ASSETS FREE AND CLEAR ON LIENS WITH LIENS TO ATTACH TO PROCEEDS PURSUANT TO I I U.S.C. S 363(f) THIS MATE ER, coming on before the undersigned United States Bankruptcy Judge on that certain Motion for Sale of Assets Free and Clear of Liens ("Section 363 Motion") and Motion for Approval of Private Sale ("Sale Motion") filed by Palm Beach Development Group, LLC ("Debtor"); and it appearing to the Court that no responses to said Motions have been filed other than by New Bridge Bank which has withdrawn its response; and, it further appearing to the Court that adequate notice of the Section 363 Motion and Sale Motion has been provided to appropriate creditors and parties -in -interest; and, based on the representations made by counsel in the Motions, it further appearing to the Court that granting the relief requested in the Section 363 Motion and Sale Motion is in the best interest of the Debtor, its creditors and the Estate; and, for other good cause shown, this Court hereby FINDS AS FOLLOWS: The Debtor filed its voluntary accelerated petition under Chapter t I on April 29, 2010 and currently operates as a debtor -in -possession, The Debtor is a North Carolina limited liability company with its principal operating assets located in New Hanover County, North Carolina and the operator of a 65-unit hotel under the trade name Ameri-Slay Inn & Suites. The real estate and i Case 10-03435-8-SWH Doc 64 Filed D9l01110 Entered 09/01/10 12:50:40 Page 2 of 6 improvements constituting the hotel, in addition to certain furniture and personal property, are encumbered by first priority liens and security interests in favor of NewBridge Bank, and a second priority deed of trust in favor of the U.S. Small Business Administration. 2. The Debtor has, subject to approval of the Bankruptcy Court, executed an Asset Purchase Agreement ("Agreement") in favor of Nayan Patel, or his assigns ("Buyer"). This Agreement is attached to the Debtor's Motion for Approval of Private Sale as Exhibit A. The proposed purchase price for the Property is Two Million, Three Hundred Thousand and Nol100 Dollars ($2,300;000.00). Pursuant to the Agreement, the [debtor proposes to sell by private sale the following property (the "Property"): (a) heal property consisting of approximately 1.5 acres and all improvements constructed thereon located at 5600 Carolina Beach Road, Wilmington, North Carolina. (b) All leases, machinery, furniture, fixtures, equipment, inventory, signs, brochures, listings, customer lists and supplies owned by Debtor and used in the operation of Debtor's hotel business known as Ameri-Slay Inn and Suites. (c) All rights to the business name "Ameri-Stay Inn and Suites" or any variation of said name, all goodwill, all telephone numbers and all other assets, intangible and tangible used in the business unless excluded as set forth in Paragraph 3 below. 3. The proposed sale shall not include the follow property; (a) Debtor's cash on hand and bank deposits at the time of closing. (b) Debtor's accounts receivable. (c) Remaining personal property, including causes of action, not used in the operation of Debtor's business. 4. The Debtor contends, and the Court so finds, that the Property, constituting all of the Debtor's operating assets, represents substantial value that can be converted to cash for the benefit to creditors of the Debtor's estate. The Debtor has provided notice of the proposed private sale, and motion 2 Case 10-03435-8-SWH Doc 64 Filed 09l01110 Entered 09/01/10 12:50:40 Page 3 of 6 to sell the subject Property free and clear of liens and encumbrances of record to all known lien holders of the Debtor, 5. The Debtor asks that it be authorized to sell the Property free and clear of any claims and liens of record, including any liens, security interests and claims asserted against the Property by the following: A. Any and ail personal property taxes due and owing to any City, County or municipal corporation, and more particularly, to the New Hanover County, North Carolina 'Fax Collector. B. Any and all liens and security interests asserted in the Property by NewBridge Bank ("NewBridge"). The Debtor is obligated on a single secured obligation asserted by NewBridge. This secured claim, represented by account number 0462863-9001, originated July 18, 2002 in the original principal amount of $2,350,000. NewBridge represents that this Loan is secured by real and personal property collateral granted NewBridge pursuant to a first -priority deed of trust encumbering the Debtor's real estate assets recorded at Book 3365, Page 829, New Hanover County Registry, Assignment of Leases and Rents, a first -priority Commercial Security Agreement and UCC Financing Statements (collectively the "Loan Documents"), C. Any and all liens and security interests asserted in the Property by the United States Small Business Administration ("SBA"). Upon information and belief the Debtor is obligated on a single secured obligation asserted by SBA in the approximate current amount of $1,028,186.45. SBA represents -that this Loan is secured by real and personal property collateral granted SBA pursuant to a second -priority deed of trust encumbering the Debtor's real estate assets. D. Any and all remaining interests, liens, encumbrances, rights and claims asserted against the Property, which relate to or arise as a result of a sale of the Property, or which may be 3 Case 10-03435-8-SWH Doc 64 Filed 09/01/10 Entered 09/01/10 12:50:40 Page 4 of 6 asserted against the buyer of the Property, including, but not limited to, those liens and claims, whether fixed and liquidated or contingent and unliquidated, that have or may be asserted against the Property by the North Carolina Department of Revenue, the Internal Revenue Service, and any and all other taxing and government authorities. 6. The Debtor contends, and the Court so finds, that the liquidation of the above -described property can be facilitated by a sale free and clear of the alleged liens as set forth above with the rights of the lien creditors being transferred to the proceeds of the sale as determined and marshalled by the court. Based on the foregoing, the Court hereby ORDERS, ADJUDGES, AND DECREES as follows: I. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § § 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 2. T'he proposed sale of the Property, pursuant to the terms of the Asset Purchase Agreement and as described in the Debtor's Section 363 Motion and Sale Motion, for the sum of Two Million, Three Hundred Thousand and No/100 Dollars ($2,300,000.00) is hereby APPROVED. 3. The Property shall be conveyed free and clear of all claims, liens and encumbrances asserted against the Property, as follows: A. Any and all personal property taxes due and owing to any City, County or municipal corporation, and more particularly, to the New Hanover County, North Carolina Tax Collector. B. Any and all liens and security interests asserted in the Property by NewBridge Bank ("NewBridge"). The Debtor is obligated on a single secured obligation asserted by NewBridge. This secured claim, represented by account number 0462863-9001, originated July 18, 2002 in the original principal amount of $2,350,000. NewBridge represents that this Loan is secured by real and personal property collateral granted NewBridge pursuant to a first -priority deed of trust encumbering the Debtor's real estate assets recorded at Book 3365, Page 829, New Hanover County Registry, Assignment of 4 Case 10-03435-8-SWH Doc 64 Filed 09/01/10 Entered 09/01/10 12:50,40 Page 5 of 6 Leases and Rents, a first -priority Commercial Security Agreement and UCC Financing Statements. C. Any and all liens and security interests asserted in the Property by the United States Small Business Administration ("SBA"). Upon information and belief the Debtor is obligated on a single secured obligation asserted by SBA in the approximate current amount of $1,028,186.45. SSA represents that this Loan is secured by real and personal property collateral granted SBA pursuant to a second -priority deed of trust encumbering the Debtor's real estate assets. D. Any and all remaining interests, liens, encumbrances, rights and claims asserted against the Property, which relate to or arise as a result of a sale of the Property, or which may be asserted against the buyer of the Property, including, but not limited to, those liens and claims, whether fixed and liquidated or contingent and unliquidated, that have or may be asserted against the Property by the North Carolina Department of Revenue, the internal Revenue Service, and any and all other taxing and government authorities. 4. The Bayer is a third party purchaser, unrelated to the Debtor. The Buyer is not a successor in interest to the Debtor and is a non -insider of the Debtor. The Buyer shall have no liability, including as a successor entity, for any debts and obligations of Debtor arising prior to the date of the closing of the purchase of the Property, except for Buyer's obligation to pay real property taxes for the year of closing as set forth in the Contract. The Buyer is a good faith purchaser for purposes of l l U.S.C. § 363(m) of the Bankruptcy Code. The Buyer has been found to have acted in good faith within the sneaning of § 363(m) at all times through entry of this Sale Order. S. That the liens described above shall attach to the proceeds of sale, and shall be paid to the penholders according to the priority set forth herein. The secured claim of Newsridge shall be paid in full at the time of the closing of the Property. At closing the Debtor shall also be permitted to pay (i) a broker's commission in the amount of 5°/o of gross sales proceeds, or $115,000, to MRA Hotel Brokers, 5 Case 10-03435-8-SWH Doc 64 i=iled 09/01/10 Entered 09/01/10 12:50:40 Page 6 o3 b Inc., the Debtor's court -approved broker; and (ii) ordinary closing costs, including existing and pro -rated ad valorem taxes. 6. This Court reserves jurisdiction to decide any disputes which arise under the Agreement or this Order. 7, This Order shall be effective immediately, as permitted by Rule 6004(h). END OF DOCUMFNT 6 A, '� JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Ri#itfltiRiii Rfk*#f#R*f*#ki*k*R*t*Rktiif'AR1i*�k*RRR11***RR74#kfflRfkRfi RRRRR#RRRRMR#RRfi1�**iii4i]ii RikRi*k*RkikkktR#fR/kfRiRR#i Filed For Registration: 09102/2010 12:53:50 PM Book: RE 5508 Page: 959-968 Document No.: 2010024308 10 PGS $43.00 NC REAL ESTATE EXCISE TAX: $4,600.00 Recorder: CARTER, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2010024308* 2010024308 A7izA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director August 27, 2004 CERTIFIED MAIL #7002 1000 0005 2390 8535 RETURN RECEIPT REQUESTED Mr. Mark Simpson, Member Manager Palm Beach Development Group, LLC 419 Marina Street Carolina Beach, NC 28428 Subject: NOTICE OF VIOLATION WITHRECOMMENDATION TO ENFORCE The Palms at Dunhill Stormwater Permit No. SW8 010903 New Hanover County Dear Mr. Simpson: On August 4 2004, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located on Carolina Beach Road in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 010903, issued to you on January 16, 2002. The permit was later modified on June 22, 2004. The project has been found in violation of Stormwater Permit Number SW8 010903, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Section II, Condition 1- Upon completion of the existing stonnwater management system, which include re -grading the slopes of the wet detention pond to increase its surface area and volume, the stormwater management system shall be vegetated including the establishment of wetland plants on the vegetated shelf, and operational for its intended use prior to the construction of any additional built -upon surface. The existing stormwater pond has not been enlarged to accommodate the additional stormwater runoff from the recently added impervious area. The pond slCpes have not beer. seeded' :Pithc r; ss or sot:. T"e only vagatation or, the pond slopes consists of various types of weeds and shrubbery. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(p) and a time frame for completion of those actions, on or before September 2f7, 2004 2. Enlarge pond, as stated on pond modification sheet, page 2. 3. Pond slopes need to be seeded and mulched with grass or sod to keep them from eroding. Wilmington Regional Office One 127 Cardinal Drive Extension, Wilmington, Noah Carolina 28405 NorthCarolina Phone: 910-395-39001 FAX: 910-350-20041 Internet: h2o.enr.state. nc.us An Equal Opportunity/Af;rmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturally Date: August 27, 2004 Project Name: The Palms at Dunhill Stormwater Permit No. SW8 010903 Failure to provide the "Plan of Action" by September 27, 2004, or to correct the violations b the date designated in the Plan of Action', are considered violations of 15A NCAC 2H-.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. Ifyyou have any questions concerning this matter, please call Gary Beecher at (910) 395-3900. Ext. 222 Sincerely, Rick Shiver Water Quality Regional Supervisor RSS:lghb S:IWQSISTORMWATINOTICEISW8 010903.Aug04 cc: Gary Beecher Central Office New Hanover County Building Inspector �5 O �i LLJ CU I-- 0 w N y W p ` M 1�• W r/+�R NZWO fix .'� J oWCzy_�a -v OY¢w Qf.W W= pmmG LL WWZca=UJ Z�H CJ Lu �. = Uj g* y.. wy Q =I-aoz c�.n- m.- x ❑❑©© 13 G aqC C 4� M.49 W y 0. 1 Ln CO U a a � � q Z CL a 0 N E� P" w cry S L �6- OF \NATCA Michael F. Easley, Governor \Q� 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CID > Alan W. Klimek, P.E.,Director fl Division of Water Quality Coleen H. Sullins, Deputy Director 1 Division of Water Quality i C-� May 24, 2004 �e Mr. Mark Simpson. Partner Palm Beach Development Group, LLC 419 Marina Street Carolina Beach. NC 2842S Subject: REQUEST FOR ADDITIONAL INTORIVIATION Stormwater Project No. SW8 010903 Mod The Palms At Dunhill New Hanover County Dear Mr. Simpson: The Wilmington Regional Office received a Stormwater Management Permit Application for The Palms At Dunhill on March 11, 2004. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater re% iew: Please verifi- sediment removal elevations of main pond and forebay on the wet detention basin supplement. The placement of the lower part of the forebay weir, directly across from the outlet (shorn; -ay), will cause short-circuiting. Please relocate the weir. You need to provide at least 3 times more length from inlet to outlet than the average width. Please provide a dimensioned building footprint of the 18 unit townhome complex. ^. Please dimension the pool deck (impervious area around pooI). The outlet structure detail indicates that the overflow slot invert is 25.8. This does not correspond to 25.75 indicated on the supplement form and used in the hydraulic calculations. Based on my calculations, the volume at elevation 25.75 will be slightly less than the required minimum. Please check your calculations and increase the storage elevation to 25.8. 6. Please provide trash racks over the outlet weir and orifice. Please label the release structure location. if this modification involves no changes to the tract that currently houses the existing 65 room hotel, we can incorporate the original plans as part of this modification. However if there has been any redesign or addition to the approved amount of built upon area on that tract, then these changes must be shown on the new plans. Please advise this office as to any redesign or addition to the tract that currently houses the existing 65 room hotel. ua► N. C. Division of Wate. Quality 127 Cardinal Drive Extension (910) 395.3900 Customer Service � � Vt'ilminaton Regional Office Wilmington, NC 25405 (910) 350-2004 Fax 1 800 623-7748 NCDENR Mr. Mark Simpson, Partner Pane 2 Nlay 24, 2004 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to May 31, 2004, or the application «ill be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the DiNIsion at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be pro,,ided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Rhonda Hall Environmental Engineer RSS!:rbh S:\"'QSISTORMVNIAT�ADDINF0\—)0041010903.may04 cc: Rhonda Hall James H. Fentress, Jr. PE, PLS i Permit No. �`�'�U L IU yL�;3 ,•-c!� (In be provided bti• D W& State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet i structure details. I. PROJECT INFORMATION Project Name: The Palms at Dunhill Contact Person: Mark Simpson Phone Number: J 910 443-2976 For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation 21.0 ft. (floor of the hasin) Permanent Pool Elevation 25.0 ft. (elevation of the orifice) Temporary Pool Elevation 25.75 ft. (elevation of the discharge structure overflox°) areas Permanent Pool Surface Area 7,516 sq. ft. (water surface area at the orifice elevation) Drainage Area 3.24 ac. (on -site and of f-site drainage to the basin) Impervious Area 1.76 ac. (on -site and off site drainage to the basin) 3-olumes Penuanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DAI Diameter of Orifice Design Rainfall Design TSS Removal 2 14,438 cu. ft. (combined volume of train basin and jorebay) 6,350 cu. ft. (volume detained above the permanent pool) 3,070 cu. ft. (approximately 20% of total volume) 4.74 (swface area to drainage area ratio fr•otr DIJ,O table) 1.25 in. (2 to .i day temporai-v pool drain -down required) 1.0 in. 90 % (minimum 85% required) Fonn SI'U-102 Rey' 3.99 Page t of 4 Aaintenance activities shall be performed as follows: l . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper fimctioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. h When the permanent pool depth reads 2.2 5 feet in the main pond, the sediment shall be removed a • a.� When the permanent pool depth reads 3.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM W/ in the blanks) 0 Permanent Pool Elevation 2 5. 0 Sediment R oval El.-2� . 2 5 b -,Dj75 _ Sediment Removal Elevation 24.0 75% Bottom Ele atioa 22.0 %--------�----------------------------------- ------ Bottom Elevation 21.0 25% FO1tEBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 54% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 PROJECT: PALM COAST PROJECT #: PW-283 DATE: 02/25/04 POND DIMESIONS AND VOLUMES ELEV. SA FOREBAY VOL FOREBAY SA POND VOL POND SUM VOL (FT) (SF) (CF) (SF) (CF) (CF) 21 0 1478 22 227 1995 1736.5 1735.5 23 723 475 2585 2290 4501.5 24 1275 999 3247 2916 8416.5 25 1916 1595.5 5605 4426 14438 26 9406 7505.5 21943.5 27 10559 9982.5 31926 28 11768 11163.5 43089.5 29 13033 12400.5 55490 POND VOLUMES ABOVE PERMANENT POOL ELEV, SA POND VOL POND SUM VOL (FT) (SF) (CF) (CF) 25 7.576 I �' 26 9406 8461 8461 27 10559 9983 18444 28 11768 11164 29607 29 13033 12401 42008 STATE REQUIRED STORAGE VOLUME = 6350 STATE STAGE ABOVE PERM POOL = 0.75 STATE STORAGE ELEVATION (FT) 125.75 2 YR STORM STAGE (FT) = 1.26 2 YR STORM POND ELEVATION 125.26 10 YR STORM STAGE (FT) = 2.15 10 YR STORM POND ELEVATION = 27.15 25 YR STORM STAGE (FT) = 2.66 25 YR STORM POND ELEVATION = 27.66 100 YR STORM STAGE (FT) = 3.37 100 YR STORM POND ELEVATION 128.37 S� STROUD ENGINEERING, P.A. \7 CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910)815-0775 March 19, 2004 NCDENR ATTN: Gary Beecher 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Amerihost Inn Stormwater Project No. SW8 010903 New Hanover County Dear Gary, MAR 2 2 9004 xF This letter is in response to your Notice of Inspection for the aforementioned project dated March 4, 2004. We will address the items cited in your letter as follows: • The trash rack will be fastened to the top of the outlet structure. • A trash/debris screen will be added to the front of the outlet structure. • We would ask that the permittee be allowed to maintain the existing grass until which time our presently submitted permit modification is approved. Any new seeding and/or sodding of the pond would be destroyed during the pond renovation predicated by that modification. When the pond modifications have been completed the pond will be seeded and/or sodded with an approved grass. • All trash will be removed from the pond. These items will be completed during the next week. in conjunction, the grass will be mowed and it understood that once the permit is modified the permittee will establish a suitable stand of satisfactory grass. We hope these actions satisfy your concerns with the project. If you have any questions, please call or email me at jfentress@stroudengineer.com. hank You, James . Fentress, Jr. PE, PL . Stroud n>7ineerinia P.A. Cc: Jay Hutchings Mark Simpson File: F:/macterlPw283lwpdtheecher.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY.24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 LIMITED LIABILITY COMPANY (LLC SOSID: 0601279 .-+ Date Filed: 516l2002 3:56 PM ANNUAL REPORT Elaine F. Marshall North Carolina Secretary of State 221260065 __``yy__ icy, �bwel�prv�cati#- �rrn�� �• �. �, 1 a0 WWWW NAME OF LIMITED LIABILITY COMPANY: PUMrI 1 STATE OF FORMATION: NC'; I SECRETARY OF STATE L.G.C. ID NUMBER: 601279 FISCAL YEAR ENDING: December 31, 2001 FEDERAL EMPLOYER ID NUMBER: 56-2256877 IF THIS IS THE INITIAL ANNUAL REPORT FILING, YOU MUST COMPLETE THE ENTIRE FORM. IF YOUR LLC'S INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX AND COMPLETE LINE 8. ❑ I I. REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS: Elizabeth Simpson $202 Catalina Beach Rd., #16 Carolina Beach, NC 28428 2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE: $202 Carolina Beach Rd., # 16 Carolina Beach, NC 28428 New Hanover :l 3. IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS HERE: ADDRESS- 5202 Carolina Beach Rd, CITY- Carolina Beach ST NC ZIP-28428 5, ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: 910-443-1697 PLEASE INCLUDE AREA CODE 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: NAME- Elizabeth Simpson ADDRESS- 419 Marina St. TITLE- Member CITY- Carolina Beach ST-NC ZIP-28428 NAME-- Mark Simpson ADDRESS-4)9 Marina St. TITLE- Member CITY- Carolina Beach ST-NC ZIP-28428 NAME- John Hutchings :, ADDRESS -PO Box 1683 TITLE- Member CITY -Carolina Beach ST-NC ZIP-28428 NAME- Vanda Hutchings ADDRESS -PO Box 1683 TITLE- Member N" CITY -Carolina Beach ST-NC ZIP-28428 7. BRIEFLY DESCRIBE THE NATURE OF BUSINESS: Motel 8. CERTIFICATION OF A NNUIrPORT MUST BE COMPLETED BY ALL LUUMD LIABILITY COMPANIES. FORM 5 G OF THE L.L.C. D TE Z J44s I TY E R PRINT NAM2 TYP9aXYkiNTTTrLE ANNUAL REPORT FEE: $200.00 MAIL TO: Secretary of State • Corporations Division -Post Office Box 29525 • Raleigh, NC 2762"525 - r kj -A n Flr- I v1t r bra r ,Ljj w �- lk 14 { _y► 5. 7 a e A 7f -.. , 9 S. r� All � � E r Y�` }•fir` _�� .a � ,�b�.:: '� � � � -.:, � �y�ru y! '. ell inn 7•' ` S r +Rli.6 r ° T ¢ . ? .,. O r i °t'L• }' le S ol It ;]w oa z+ .�v` � �t�-tom, •�''�� �C �y�° � � + �4.� - . a +. c F. + �. �e �. �� o �..: x� s5 +�'�,,�:, trra? S, �2fn �r A� r"y' �s'.a. 1' •.E ��, �I� ty ��y-J', • .��' � +� ` ,`N `��}`�: i'r t`w .. Alt +�` 4_•,j� r '[� ��a_Sy. . / - .' A�. �+ • p' �l'y: 'wY 'fie vrAT � ' '•.' •'/ � l(rd AAJI, "F• .M ��WF��� � �j` �,1 Z.^yY,�"C..� � �-� 'L�� k � �i♦ V • k 'Z INici ael F E?siey, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources February 6, 2002 CERTIFIED MAIL #700I 0320 0003 0382 7525 RETURN RECEIPT REQUESTED Mark Simpson, Partner Palm Beach Development Group, LLC 5202 Carolina Beach Road, Suite 16 Wilmington, NC 28412 Subject: Dear Mr. Simpson: Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office NOTICE OF VIOLATION AND INTENT TO ENFORCE Amerihost Inn and Suites Stormwater Permit No, SW8 010903 New Hanover County On December 13, 2001 and January 31, 2002, Wilmington Regional Office personnel performed Compliance Inspections of the project known as Amerihost Inn and Suites, located near Monkey Junction in New Hanover County, North Carolina, The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 010903, issued to you on January 16, 2002. This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1(a)(1), Failing to obtain a permit prior to making an outlet into waters of the state. Per NCGS 143-215.6A(2), failing to apply for or secure, and/or act in accordance with the terms, conditions, or requirements of a permit required by NCGS 143-215.1, you may be subject to a civil penalty of not more than $25,000. The project has been found in violation of Stormwater Permit Number SW8 010903, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. As of December 13, 2001 construction on this project, including laying of foundation, had commenced prior to issuance of Stormwater Permit No. SW8 010903 (effective date January 16, 2002). 2. Section II, Part 1: The stormwater system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. As of January 31, 2002, construction of the permitted storm-,vater retention pond «,as not complete, vegetated, or operational for its intended use. t4CDE R N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 2B405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-774e. Mr. SimpS013 February 5. 2002 Stormwater Permit No. SW8 010903 ----------------------------------------------- To correct these violations you must : Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before March 6, 2002. 2. Complete construction of the permitted Stormwater retention pond, including required vegetation, such that the stormwater management system is fully operational, prior to construction of additional built upon area. If you have an explanation for this violation that you wish to present, please respond in writing within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Failure to provide the "Plan of Action" by March 6, 2002, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in additional enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Mr. Hal Lee at (910) 395-3900. Sincerely, z2e� &-e4A Rick Shiver 4e-T Water Quality Regional Supervisor RSS:Ihwl S:1WQSISTORMWATINOTICE1010903.JAN cc: James Fentress, P.E. Tony Roberts, New Hanover County Building Inspections . HaiL-ee� Central Office State Stormwater Management Systems Permit No. SW8 010903 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mark Simpson, Palm Beach Development Group, LLC The Palms At Dunhill New Hanover County FOR THE construction, operation and maintenance of wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 22, 2014, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 4 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 76,831 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 4 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area. 3 State Stormwater Management Systems Permit No. SW8 010903 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: The Palms at Dunhill Permit Number: SW8 010903 Modification Location: New Hanover County Applicant: Mark Simpson, Member Manager Mailing Address: Palm Beach Development Group, LLC 419 Marina Street Carolina Beach, NC 28428 Application Date: November 7, 2002 Amended June 16, 2004 Receiving Stream/River Basin: Mott Creek/Cape Fear Stream Index Number: 18-82 Classification of Water Body: "C-Sw" Drainage Area, 9cres: Onsite, ft : Offsite, ft2: Total Impervious Surfaces, ft2: Pond Depth, feet: TSS removal efficiency: Permanent Pool Elevation, FMSL: Permitted Surface Area, ft2: Permitted Storage Volume, ft3: Temporary Storage Elevation, FMSL Controlling Orifice: Permitted Forebay Volume, ft3: 3.24 141,134 None 76,831 4 90% (no filter is required) 25.0 7,521 @Permanent Pool 6771 25.8 1.25"0 pipe (drawdown in 2-5 days) 3,070 4 State Stormwater Management Systems Permit No. SW8 010903 II. SCHEDULE OF COMPLIANCE 1. Upon completion of the modifications to the existing stormwater management system, which include regrading the slopes of the wet detention pond to increase its surface area and volume, the stormwater management system shall be vegetated including the establishment of wetland plants on the vegetated shelf, and operational for its intended use prior to the construction of any additional built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 118 horsepower. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. State Stormwater Management Systems Permit No. SW8 010903 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. G. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 13. The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. 31 State Stormwater Management Systems Permit No. SW8 010903 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding- requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall no tify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 22"d day of June, 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 7 I!ic^ael F. Easley, G;.vernor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office January 16, 2002 Mr. Mark Simpson, Partner Palm Beach Development Group, LLC 5202 Carolina Beach Road, Suite 16 Wilmington, NC 28412 Subject: Permit No. SW8 010903 Amerihost Inn & Suites High Density Stormwater Project New Hanover County Dear Mr. Simpson: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Amerihost Inn & Suites on November 7, 2002. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW8 010903 dated January 16, 2002, for the construction of Amerihost Inn & Suites. This permit shall be effective from the date of issuance until January 16, 2012, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, -Rick Shiver Water Quality Regional Supervisor RSS/:arl S:IWQSISTORMWATIPERMIT10I0903.JAN cc: .lames Fentress, P.E. Tony Roberts, New Hanover County Inspections Beth E. WetheriIl, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files Q r4CDENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 State Stormwater Management Systems Permit No. SW8 010903 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Palm Beach Development Group, LLC Amerihost Inn & Suites New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 16, 2012 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 68,255 square feet of impervious area. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be Iimited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 2 0 State Storm,,vater Management Systems Permit No. SW8 Ol 0903 Project Name: Permit Number: Location: Applicant: Mailing Address: DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Amerihost Inn & Suites Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Pond Depth, feet: Permanent Pool Elevation, FMSL: Draina,ge Area, acres: Total Impervious Surfaces, W Future Development, ft2 Offsite Area entering Pond, ft2: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, ft3: Provided Storage Volume, 113: Temporary Storage Elevation, FMSL: Controlling Orifice: [.MMIXIII1193 New Hanover County Mr.Mark Simpson, Partner Palm Beach Development Group, LLC 5202 Carolina Beach Road, Suite 16 Wilmington, NC 28412 November 7, 2002 Mott Creek / Cape Fear / 18-82 "C Sw" 4 25 3.24 68,255 21,954 None, per Engineer 5,884 7,384 5,707 5,717 25.7 1.25"cp pipe 3 State Storm«'ater Management Systems Permit No. SW8 0109.03 II. SCHEDULE OR COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. All connections into the stormwater system from future areas or outparcels shall be made such that short- circuiting of the system does not occur. 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. Decorative spray fountains will not be allowed in the stormwater treatment system. 7. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 10. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 11. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 4 State Stormwater Management Systems Permit No. SW8 010903 12. If the stonnwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater- treatment device, and prior to occupancy of the facility. 13. Deed restrictions must be recorded prior to the sale of any portion of the project's drainage area or future area shown on the approved plans to ensure that the new owners are made aware of the built -upon area limitations. The following statements must be recorded: a. To ensure continued compliance with the NC Division of Water Quality Stormwater Management Permit Regulations, 15A NCAC 2H.1000, the maximum built -upon area for outparcel(s) and future areas shown on the approved plans is 21,954 square feet. This allotted amount includes any built - upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. b. The runoff from all built -upon area within the designated future area must be directed into the permitted stormwater control system. C. Built -upon area in excess of the permitted amount will require a permit modification. d. The connection into the stormwater control shall be made such that short-circuiting ofthe system does not occur. C. The future development tract shall submit a permit application to the Division of Water Quality and receive a permit prior to construction. 14. A copy of the recorded deed restrictions with all statements as listed above, must be submitted to the DWQ within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp/seal of the Register of Deeds. 15. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the pennittee, for which Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit was sought. f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 16. . The Director may determine that other revisions to the project should require a modification to the permit. 17. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools 5 State Stormwater Management Systems Permit No. SNA18 010903 III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. in the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The Permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. S. The permittee shall notify,the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 16th day of January, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �.L ,c ,t C. �} Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 010903 7 State Stormwater Management Systems Permit No. SWS 010903 Amerihost Inn & Suites Stormwater Permit No. SW8 010903 New Hanover County Designer's Certification Page I of 2 as a duly registered in the State of North Carolina, having been authorized to observe (periodicallylweekiylfull time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. I have checked the items listed on Page 2 of this form as a part of this Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL 7 State Stor n.vatcr Management Systems Permit No. SW8 010903 Certification Requirements: cc Page 2 of 2 .1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. S. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. NCDENR-DWQ Regional Office "Tony Roberts, New Hanover County Building Inspections Date Received Fee Paid Permit Number — f—o / Za `i' 3f v /d 9D 3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as ari original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): ll��yr*■ 11 / %F241y 3. Mailing Address for person listed in item 2 above: City: _ Wilmington Telephone Number: 910 796-002 State: NC Gip: 28412 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Amerihost Inn & Suites 5. Location of Project (street address): Carolina Beach Road City: Wilmington County: New Hanover 6. Directions to project (from nearest major intersection): From the intersection of S. CgllQge and Crolina Beach Rd_ south on Carolina Reach u^ad, property -is on corner of_Dunhill and US 421_sesvice road annrnx 3 miles south of intersection. 7. Latitude:__N_340R' 1 ." Longitude:U 77° 5i' 40" of project 8. Contact person wlio can ansiver questions about the project: Name: James H. Fentress. Jr., P.E.H. Fentress, Jr.. P.E� Telephone Number: (910 ) 815-0775 11. PERMIT INFORMATION: 1. Specify whether project is (check one): New Renewal X Modification Dorm SWU-101 Versicm 3.99 Page 1 01,4 2. If this application is being; submitted as the resrilt of a renewal or modification to an existing; permit, list the existing permit number SW8 990225 and its issue date (if known) May 205 1999 3. Specify the type of project (check one): Low Density X High Density -Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control _ 404/401 Permit �NPDCS Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-67,18. III. PROJECT INFORMATION 1. In the space provided below, surrunarim how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . _Stormwatar will be collected in drop inle InrarPrl rhoughn„t the property And convoyed a rletenti,nn nnnrl _ from there, it will be a__iq>r�Y.Qaad predeve pment 2. Stormwater runoff from this project drains to the River basin. 3. Total Project Area: 3.24 acres 4. Project Built Upon Area: 67.3 S. How many drainage areas does the project Nave? 1..' 6. Complete the following; information for each drainage area. If there are more than two drainage areas in the, project, attach an additional sheet with the information for each area provided in the same format as below. p0a d Z -iaJr.i i.$i.nA o.ri�.latlVn 3, T9. .+2�' ti.,c�„' M x)? q l ^,, z L7ratna q Are ,1Draina{fe �.,,�CNe��.. ''3 t } Ar{a 2 ,u Receiving Stream Name Mott Creek Receiving Stream Class CSW Drainage Area 3.24 Existing Impervious" Area `0 Proposed Im ervioust Area % Impervious Area (total) 487 r IIngir7 LIS SLli'face`Area ..,,t: z i?raula e Areal Y., ag re ; l�rasna e Area 2 'i, On -site Buildings 11-025 SE On -site Streets On -site Parking 30,995 SF On -site Sidewalks 2,281 SF Other on -site. /Residental 21,994 SF Off -site Total: Total: Irnpervious area is defined as the built upon area including, but not f trited to, buildings, roads, parking areas, sidmalks, graacl areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7,. How was the off -site impervious area listed above deriveci7 N/A iV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing eacll lot number, size and the allowable built -upon area for each lot must be provided as an attachment. The firllowing covenants are intended to ensure ongoing compliance zoitlr state stomrwatcr rrrarragcruerrf permit nurnber as issued bid the Division of Water Quality. These covenants pray not be changed or deleted without the consent of tyre State. 2. No more than square feet of any lot shall be covered by structures or bripemious materials. Irrrperuioris rnoteritrls include asphalt, gravel, concrete, brick, stone, slate or similar rrurterial bid do not include wood decking or ilrc water surface of swinunirrg pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted arnowit requires a state stornrwater nranagernerrt permit rrrodificalion prior to consfruchorr. 5. All perrniticd runoff from owparcels or future develtrprrrent shall be directed into the perrnrtted slorrnivater control systern. These connections to the slormwater control system shall be per formed in a manner that maintains the integrity and perforrrrarrcc of the system as perrniticd. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project sha€t include all the applicable .items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT DORMS The applicable state stormwater management pernut supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 hlfiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Forrn SWU-101 Vcrsion 199 P,rdc 3 of 4 VL' SUI;MI'i'['AL.t'LQUfR1:N1L'iNTS Orly Complete application packages will be accepted nnCd revsewed by t11e DMS1On Of Kller 0Ua1;ty (DI'Vn). A complete package includes all of the items listed below. The complete application packs c shouid be submitted to the appropriate DIA"Q regional Office. Plense inclicate that you hinve provided the required information by in.it.itiling, in the L;pace provided next to each item. Original anti one copy of the Stormw;iter Management Permit Application Form • One copy of the applicable Supplement Pomi(s) for each 13MP Permit application processing tee of $470 (payable to NCD1_NR) • Detailed narrative description of stormwater treatment/managem.ent • TWO copies of plans Alld specifications, ilIcluding: - Development/Project name - l ngineer and firm - Legend - North arrow - Scale - revision number &- date - NIL'-ln high water line - Diniensioned property/project boundary - Location 11) p \:pith nnmed streets or NCSR numbers - Original contours, prOposecl contours, spot eievations, finished floor elevations Details of roads, drainage features, collection systems, rend stornlwater control measures - Wetlands delineated, or a dole on plans that none exist - )existing drainage (includin4 off -site), drainagC nSermnts, pipe sizes, runoff calculations - Drainmc areas delineated - Vegetated buffers (;Vherc required) VII. AGENT AUTHORIZATION If you wish to dct,ignnte authority to another indiViclual ar firm SO that they may provide infornintlon oil your behalf, please complete this section. Designated agent (individual or firm): Stroud F,ngiaeer,ng PA Mailing Addreas:_U.2 D Cinema DrJv_e___ City: Wilmington __— —� — St,lte:,RC—_—___. LIl?284.12___- __r--- Phonc: (— 910 815—0775 Vtll. APPLICANT'S CERTIFICATION F n x: (g10)815-05 9 A 1, (1.114)11 Or type ,ur„rc nt tu:r r,,, litittr! irl Cz r<cruf l,If ortr;rrt ivrl, ;Ic?.,f 2) Mark Simpson --- _-- --- certify that the information included on this permit tlpplicatiorl forin is, to the best of my knowledge, correct nnd that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will t,v�ecorded, and that the praposcci project col plies With the reclui; elilents of 1 A NCAC 2H .1000. 1 Sis;nature: Date: / Form SWU-101 version 199 P,igc 4 of Pe. t No.�- f to be provided by DWQ) State of North Carolina Department of Environment and Nahtral Resources Division of Water Qttality STORMWATER MANAGEMENT PI .RMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT Thisform may be photocopied for use ns an original DWQ Storinwater Management Plan Review: A complete storniwater rnariageinent plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outict structure details. I. PROJRCT INFORMATION Project Name: Amerihost Inn & Suite Contact Person: ,lames H. Fentx GG, r.,P.E. Phone Number: ( ql0 815 — For projects with multiple basins, specify which basin this :vorksheet applies to: pond 2 elevations Basin Bottom Elevation 21 ft. Permanent Pool Elevation 25 ft. Temporary Pool Elevation 25.7 11. areas Permanent Pool Surface Area 7384 sq. ft. Drainage Arca Impervious Area vohrrnes Permanent Pool V011ime Temporary Pool Volume l orebay V010111C Other pararneters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal 2 --3.24 ac. 1.57 __ac (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (ors -.cite and off -site drainage to the basin) 12757 cu. ft. (combined volume of main basin and forebay) 5717 cu. ft. (volume detained above the permanent pool) 5143 cu. ft, (approximately 20%u of -total volurne) 4. 14 (sit if ice area to drainage area ratio frorn DWQ Ioble) 1.25 _ in. (2 to 5 day ternpormy pool draw -clown required) I ill. gn °lo (ininirnum 85% required) Form SWU-102 Rev 3.99 Paae 1 of 4 Footr,f>tes: t When using the Division SA/DA tables, the correct SAMA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Lunar interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative lilter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDI ,I R 13MP manual provides design, tables for both 85% TSS removal and 90% TSS removal. II. IZFQUIIZED ITEMS CHECKLIST The Following checkiist outlines design requiretnetlts per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting clocumentation is attached. It' the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement lens not been met, attach justification. Applicants Initlak FM a. The permanent pool depth is between 3 and G feet (required minimum of 3 feet). b. The forcbay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff'fronl the design storm event. d. The temporary pool draws down in`2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow CalCL11atl01lS) IF. The basin length to width ratio is-gfeater than 3:1. g. The basin side slopes above the permanent pool Ire no steeper than 3:1. C�S!" h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overnow and orifice. N+- k. A recorded drainage easement is provided for each basin including access to nearest right- 01'-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. in. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT Tile wet detention basin system is defined is the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided, This system (check one) 0 does adoes not incorporate',t vegetated filter at the orttlet. Tlris.systenl (check one) 0 floes tidoes riot inc:orpor,ite pretreatment other tlian ,,i forcbay. Form SWU-102 Rev 3.99 Page 2 of .. 1: .t 1ri�.. .. .� i.. ... .. , ... .., r � ' i:- :3.: i'- � _' r. �i3 ... , .. .. .1. .,. s��. ���. �- •r•�....`�i'.- .. '. -"1 J+:F iI:. .. '! .�:' .. Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. ' b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days is designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, snow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection systern (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. lZen10vt:.1CCl111111l1ted sediment frorn the wet detention basin system semi-annually or W11C11 depth is rcduccd to 75% of the original design depth (See diagram below). IZcnioved sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (Jill in the 8lemb') flernulnent E'ool EIeviitioa ) s _ n Sediment Rerhoval ]_l. 22.0 J 75 --�-----� ------ �' Sep i►nent Removnl I levatiorr 22.0 75°l0 Bottom >rlc anon 21. 0 % ------------------------_-____-_____-________-_- Bottom Elevation 21 _ n 25% / FOREIBAY MAIN POND 5: • IZetnove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow Along the vegetated shelf and forebay berm. 6. If the basin nnulst be drained for an emergency or to -perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Pabc 3 of' 'I - 7.� All components of the wet dctcon basin system shall be maintained iWocl working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Mark Simpson Title Address: 5209 Carol i na RParh Road Suit16, Wilmingt=en, North arelitta 28412 _ Phone: Signatt Date:_ 9 S a� Note: The legally responsible party should not be a llomcowncr5 association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, Tt2uv A&4 P5 • [M A6IL-t-- Tom- , a Notary Public for the State of f4Qr-W C rzoLijAh County of N6w 1' bJ► ✓L do hereby certify that V-f4121L SIMV50►-J personally appeared before me this STM day of toot , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, 2� r� 'OU,g LlG ?v °�m;�aVERG.►`► SEAL My commission expires l t - Za- zoo t Form SWU-102 Rev 3.99 11,tge 4 Of 4 FZ� �.: L a ��% L. -1 MAY 2 8 2004 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815-0775 May 28, 2004 NCDENR ATTN: Rhonda Hall 127 Cardinal Drive Wilmington, North Carolina 28405 Re: The Palms at Dunhill Stormwater Project No. SW8 010903 Mod New Hanover County Dear Rhonda, This letter is in response to your request for additional information for the aforementioned project. We have addressed all the items cited and are resubmitting; the application for your approval. • The wet detention supplement has been revised to show the appropriate sediment removal elevations. • As per our conversation May 28, 2004, the forebay weir has been relocated to its present location. • "file building footprint has been dimensioned. • The pool deck has been dimensioned. • The storage elevation on the outlet structure, application calculations has been revised to 25.8. • Trash racks have been installed on the outlet structure. Invoices for the work are enclosed. • The outlet structure is labeled on the plans. • The only change to the existing hotel site is the addition of the driveway to the south. This additional impervious is accounted for in the impervious totals for the townhome complex. Thank you in advance for attention to this matter. Should you have any further questions or comments upon review of the revised plans and application, please contact me at 815-0775 or psnoddvn.strouderlgi neer.com^ Thank You, C. Patrick Snoddy; E.I. Stroud Engineering, P.A. cc: Mark Simpson I'iItOP':QiilMAARRC1incSlSe��is.�+pd HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY.24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Entity Names Page 1 of 1 North Carolina Elaine F. Marshall D EPARTM ENT OF -rFlE Secretary SECRETARY of STATE Corporations "Corporations Home "Important Notice *Corporate Forms/Fees "Corporations FAQ "Tobacco Manufacturers "Verify Certification "Online Annual Reports Links *Secretary Of State Home °Business License "Register for E-Procuremer "Dept. of Revenue Legislation 01999 Senate Bills 02001 Sill Summaries "Annual Reports 1997 "Corporations 1997 "Other Legislation Search "By Corporate Name "For New Corporation "By Registered Agent Online Orders "Start An Order 'New Payment Procedures PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 5/18/2004 Click here to: View Document Filings 1 Print a pre -populated Annual Report Form 1 File an Annual Report I Corporation Names Name Name Type NC Palm Beach Development Legal Group L.L.C. Limited Liability Company Information SOSID: OB01279 Status: Current -Active Date Formed: 8/17/2001 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Simpson, Elizabeth Registered Office Address: 5202 Carolina Beach Road, Suite 16 Wilmington NC 28412 Registered Mailing Address: Principal Office Address: 5202 Carolina Beach Road, Suite 16 Wilmington NC 28412 Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms. httpa/www.secretary.state.nc.us/Corporations/soskb/Corp.asp?5362261 5/18/2004 O� W A rF9 Michael E. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources >' Alan W. Klimek, P.E.,Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 24, 2004 Mr. Mark Simpson, Partner Palm Beach Development Group, LLC 419 Marina Street Carolina Beach, NC 28428 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 010903 Mod The Palms At Dunhill New Hanover County Dear Mr. Simpson: The Wilmington Regional Office received a Stormwater Management Permit Application for The Palms At Dunhill on March 11, 2004. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please verify sediment removal elevations of main pond and forebay on the wet detention basin supplement. 2. The placement of the lower part of the forebay weir, directly across from the outlet (shortway), will cause short-circuiting. Please relocate the weir. You need to provide at least 3 times more length from inlet to outlet than the average width. Please provide a dimensioned building footprint of the 18 unit townhome complex. 4. Please dimension the pool deck (impervious area around pool). The outlet structure detail indicates that the overflow slot invert is 25.8. This does not correspond to 25.75 indicated on the supplement form and used in the hydraulic calculations. Based on my calculations, the volume at elevation 25.75 will be slightly less than the required minimum. Please check your calculations and increase the storage elevation to 25.8. 6. Please provide trash racks over the outlet weir and orifice. 7. Please label the release structure location. If this modification involves no changes to the tract that currently houses the existing 65 room hotel, we can incorporate the original plans as part of this modification. However if there has been any redesign or addition to the approved amount of built upon area on that tract, then these changes must be shown on the new plans. Please advise this office as to any redesign or addition to the tract that currently houses the existing 65 room hotel. N. C. Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (91M) 395-3900 (910) 350-2004 Fax Customer Service 1 800 623-7748 ��wxA INCDEN.R Mr. Mark Simpson, Partner Page 2 May 24, 2004 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to May 31, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a -construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent'to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, . y. Rhonda Hall Environmental Engineer RSS/:rbh S:1WQSISTORMWATIADDIN1701200410I0903.may04 cc: Rhonda Hall James H. Fentress, Jr. PE, PLS JUN 1 6 2004 NCDENR STORMWATER MANAGEMENT ME THE PALMS AT DUNHILL MA RC FI 8, 2004 R1�VI SED J UNI=? 15, 2004 +0st�rerrrrir� :��pQ;•''�SS1p'�tiy ��: - •�ss�es+ssrsrrrr OWNL:R: I?.AI',M B'GACI=I DI=?VI=;LOPMI?N'1" GItOUI', LLC 419 MARINA SIRE= .FT CAROLINA BI=�,ACFI, NC 28428 STROUD ENGINEERING, P.A. 102 SUITE D CINEMA DRIVE `VILMINGTON, N.C. 28403 (910)815-0775 File F.\master\l)w-283\wpd\ecpcover.wpd PROJECT: PROJECT #: DATE: REVISED: NEW HANOVER COUNTY STORMWATER TOTAL AREA (AC) = 3.24 PROPOSED IMPERV AREA (AC)= 1.76 % IMPER AREA = 0.54 PROPOSED PERVIOUS AREA (AC)= 1.48 PERVIOUS = 0.46 STATE REQUIRED STORAGE FOR 1ST IN OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERV = RUNOFF = 0.539943628 REQUIRED VOLUME = 1.0 IN X RUNOFF X AREA X 43560 SF/AC/12 INIHR VOLUME (CF) = 16350 STATE REQUIRED SURFACE AREA 90% TSS REMOVAL 54% IMPERVIOUS, 4 FT DEEP SAIDA = 4.74 SURFACE AREA = SAIDA x 43560 SFIAC x AREA/100 (SF) _ RUN-OFF COEFFICIENT "C" IMPERVIOUS = 0.95 PERVIOUS = 0.25 USE PREDEVELOPMENT C = 0.25 PROPOSED COMPOSITE "C" = .95 X .48 + .25 X .52 = ;h INTENSITY W15 MIN TIME OF CONCENTRATION (INIHR) = 2 YR INTENSITY (INIHR)= 5.88 10 YR INTENSITY(INIHR)= 7.23 25 YR INTENSITY(IN/HR)= 8.15 100 YR-INTENSITY(IN/HR)= 9.6 0.25 0.63 6690 PALM COAST PW-283 02/25/04 6/ 15/2004 PROJECT: PALM COAST PROJECT #E: PW-283 DATE: 02/25/04 2 YR, PREDEVELOPMENT FLOW Q = CIA Qpre(CFS) W 4.76 C = 0.25 I = 5.88 IN/HR A = 3.24 AC 2 YR. POST DEVELOPMENT FLOW Q = CIA Qpost(CFS) = 12.02 C = 0.59 1 = Es;88 INIHR A = 3.24 AC 10 YR. PREDEVELOPMENT FLOW Q = CIA Opre(CFS) F 5.86 C = 0.25 I = 7.23 IN/HR A = 324 AC 10 YR. POST DEVELOPMENT FLOW Q = CIA Qpost(CFS) = 14.78 C = 0.59 1 = 7.23 INIHR A = 3.24 AC 25 YR. PREDEVELOPMENT FLOW Q = CIA Qpre(CFS) = 6.60 C = 0.25 1 = 8.15 INIHR A = 3.24 AC 25 YR. POST DEVELOPMENT FLOW 0 = CIA Qpost(CFS) = 16.66 C = 0.59 = 8.15 INIHR A = 3.24 AC 100 YR, PREDEVELOPMENT FLOW Q = CIA Qpre(CFS) F 7.78 C = 0.25 1 = 9.60 INIHR A = 3.24 AC 100 YR. POST DEVELOPMENT FLOW Q = CIA Qpost(CFS) F 19.63 C = 0.59 1 = 9.60 INIHR ,A=3.24AC SOIL AS GIVEN BY THE NEW HANOVER COUNTY SOIL SURVEY - LEON HYDROLIC GROUP "B" CURVE NUMBER IMPERVIOUS = 98 URBAN OPEN SPACE (>75% GRASS) = 61 COMPOSITE CURVE NUMBER (CN) = 98 X (,54) + 61 X (.46) _ S = (10001CN) -10 = 2.324 PRECIPITATION 2 YR 6 HOUR STORM (IN) = PRECIPITATION 10 YR 6 HOUR STORM (IN) = PRECIPITATION 25 YR 6 HOUR STORM (IN) = PRECIPITATION 100 YR 6 HOUR STORM (IN) _ 2 YR RUNOFF =(P - 2S)"2/(P + .8S) = 10 YR RUNOFF =(P - ,2S)^21(P + .8S) = 25 YR RUNOFF =(P - .2S)^2/(P + .8S) = 100 YR RUNOFF =(P - .2S)^21(P + ,8S) _ 1.56 2.84 3.63 4.82 TIME TO PEAK (Tp) (MIN) = (43.5 X AREA X RUNOFF)/POST Q 2 YR Tp (MIN) = 18,26 10 YR Tp (MIN) = 27.07 25 YR Tp (MIN) = 30.74 100 YR Tp (MIN) = 34.61 REQUIRED STORAGE 2YR STORAGE (CF) = (Qpost - Qpre)Tp X 1,39 X 60 = 10YR STORAGE (CF) = (Opost - Qpre)Tp X 1.39 X 60 = 25YR STORAGE (CF) = (Qpost - Qpre)Tp X 1.39 X 60 = 100YR STORAGE (CF) = (Qpost - Qpre)Tp X 1.39 X 60 = m 3.30 4.82 5.71 7,00 PROJECT: PROJECT #: DATE: 81.14 11059 20156 25799 34217 PALM COAST PW-283 02/25/04 POND DIMESIONS AND VOLUMES ELEV, SA FOREBAY (FT) (SF) 21 0 22 227 23 723 24 1275 25 1916 26 27 28 29 POND VOLUMES ABOVE PERMANENT POOL ELEV. SA POND (FT) (SF) 25 7521 26 9406 27 10559 28 11768 29 13033 STATE REQUIRED STORAGE VOLUME STATE STAGE ABOVE PERM POOL = STATE STORAGE ELEVATION (FT) _ 2 YR STORM STAGE (FT) = 2 YR STORM POND ELEVATION W 10 YR STORM STAGE (FT) = 10 YR STORM POND ELEVATION = 25 YR STORM STAGE (FT) = 25 YR STORM POND ELEVATION = 100 YR STORM STAGE (FT) 100 YR STORM POND ELEVATION = VOL FOREBAY SA POND (CF) (SF) 1478 1995 475 ,:• 2585 999 3247 1595.5 5605 9406 10559 11768 13033 VOLPOND SUM VOL (CF) (CF) 8464 8464 9983 18446 11164 29610 12401 42010 6350 0.8 25.8 1.26 26.26 2.15 27.15 2.66 27.66 3.37 28.37 PROJECT: PROJECT #: DATE: VOL POND (CF) 1736.5 2290 2916 4426 7505.5 9982.5 11163.5 12400.5 PALM COAST P W-283 02/25/04 SUM VOL (CF) 1736.5 4501.5 8416.5 14438 21943.5 31926 43089.5 55490 DRAWDOWN TIME (2-5 DAY) TOTAL STORAGE = 5717 CF 2 DAY FLOW (CFS) = 57171(2 X 24 X 60 X 60) = 5 DAY FLOW (CFS) = 57171(5 X 24 X 60 X 60) = ` Q = A X Cd(2 X G X H)".5 A = AREA Cd = ORIFICE COEFF. = 0.6 G = GRAVITY = 32.2 FISEC"2 H = HEIGHT = 0.8 2 DAY AREA A = OI(Cd(2 X G X H12)".5 (SF) = 5 DAY AREA A= QI(Cd(2 X G X H/2)".5 (SF) = DRAWDOWN ORIFICE TO BE 1.25 INCHES IN DIAMETER DRAWDOWN TIME = 3.62 days PROJECT: PALM COAST PROJECT #: PW-283 DATE: 02/25/04 0.033085938 0,013234375 0.011 DIAMETER (IN) = 1.434 0.003 DIAMETER (IN) = 0.763 ' STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 r1 LJ (252) 756-9352 V/ TO �C Z WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ [UR L T1212 OL V o e L1VMJLIVML DATE lO d o. J 7 zee r ATTENTION G.N �w�S ": P4M or >tj htc44L c zoo t fwk iq itp� ems: ❑ Samples ❑ Specifications COPIES DA'i'E NO. DESCRIPTION Z MOM a PL4N /r o i C•QG c 1I o•�i zl/&l,)q a Sw 1 a 2 ?-f/a d� ucer Aj w o Z 7.53'7 r " 31s o 'Wcer A.— THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 17 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. .,- . � } � •- . ti. �"� •J, �i �, 3 � ', `.�. ,.J 1 � f ' `.,y _` � 1• 41� -._... f 1. y�p'�1 _ \i f ti �'�� ti� r 1 �_ c J — �� `t1 i . �R �.S �. �' � _ Jr/ STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 26403 (910)815-0775 May 1, 2002 NCDENR Division of Water Quality Attn: Mr. Rick Shiver 127 Cardinal Drive Ext, Raleigh, NC 28403 Re: Amerihost Inn and Suites Stormwater Permit No. SW8 010903 Dear Mr. Shiver, 2002 I am including the Engineer's Certification for the aforementioned project. The slopes ofthe pond Have adequate vegetative cover and all other components of the pond are built within substantial compliance of the permit. The accompanying photo depicts the established pond vegetation and completed outlet structure as observed yesterday. I hope that this is a satisfactory resolution to this project's construction. The owner is aware of his continued maintenance requirements to comply with the conditions of the permit. Thank you, Jame H. Fentress, Jr. PE P S attachment p.c- Mark Simpson �.. : . JHF1jf :. File f \masterlpw-2831wpolcertcovr.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET S% 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 - .. r� • ., - ,.. STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 April 1, 2002 NCDENR Division of Water Quality Attn: Rick Shiver 127 Cardinal Drive Ext, Raleigh, NC 28403 Re: Notice of Violation Stormwater Permit No. SW8 010903 Q ,. 0 APR 0 3 2002 ..--r-,..-.--------- Dear Mr. Shiver, This letter is to advise NCDENR that the stormwater pond for the aforementioned project is complete and seeded. I am including a photo of the pond with outlet structure now installed and the entire periphery hydro -seeded. Once the seed has propagated I intend on providing the Engineer's Certification. If you have any questions or concerns, .i please fell free to call me. nk you, b:z-,- I James . Fentress, Jr. PE, cc Mark Simpson JHFIjf File f-.\masterlpw-2831wpd1VIOLATE2.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 November 7, 2001 NCDENR ATTN: Linda Lewis 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Amerihost Inn & Suites Stormwater Project No. SW8 010903 New Hanover County Dear Linda, RECEIVED NOV 0 7 2001 DW@ PROJ # This letter is in response to your request for additional information for the aforementioned project. We have addressed all the items cited and are resubmitting the application for your approval. The upper invert of the 4" orifice pipe is more clearly shown at elevation 25. The temporary storage elevation calculation, release structure detail and supplement have been changed to read 25.7. The SA/DA has been changed to 4.14. However, this did not affect the pond dimensions as ample surface area was already provided. The lower part of the forebay weir has been moved back to its original location. All calculations and designs have been sealed. The original signature sheet for the supplement is included with this package. We hope this information satisfies your concerns regarding this project. I apologize for the misunderstanding over the amount of property Mr. Simpson had purchased. If you have any questions, please call or email me at psnoddy@stroudengineer.com. Thank You, C. Patrick Snoddy, E.I. Stroud Engineering, P.A. cc: Mark Simpson File: F:/master/Pw2831wpd/lewis.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 2B557 (252)756-9352 (910)815-0775 (252)247-7479 RE: Amerihost • Subject: RE: Amerihost Date: Tue, 6 Nov 2001 16:32.21 -0500 From: "jimmy Fentress" <jfentress@stroudengineer.com> To: <Linda.Lewis@ncmail.net> CC: "Pat snoddy" <psnoddy@stroudengineer.com> LINDA, MR. SIMPSON HAS, TO DATE, ONLY BOUGHT THE TRACT ON WHICH THE PRESENT PROPOSAL (AMERIHOST) IS SITED (3.24 AC.). HE HAS AN OBLIGATION TO BY AN ACRE AND ONE HALF ON THE NORTH SIDE OF DUNHILL FRONTING THE SERVICE ROAD. HE SHOULD BE WHOLLY RESPONSABLE FOR THE POND ON THE 3.24 AC. SITE. THE SUBDIVISION PROPOSAL IS SPECULATIVE AND POSSIBLY NOT APPLICABLE. HE WILL AT SOME FUTURE DATE SEEK A REZONING ON THE RESIDUAL PROPERTY AND POSSIBLY DO SOME COMMERCIAL VENTURE. IT WOULD BE TO AGAIN MODIFY THE PERMIT AT THAT POINT. THERE IS NO IMMEDIATE PLANS HOWEVER TO SUBDIVIDE THE PROPERTY. AS TO THE PROBABLE PURCHASE OF THE ACRE AND A HALF ON THE NORTH SIDE OF DUNHILL, I WOULD GUESS THAT HE WOULD APPLY TO USE THE POND ALREADY CONSTRUCTED AND MAKE APPLICATION AS AN OFFSITE FACILITY. THE CONSTRUCTED POND HAD AN ESTIMATED AMOUNT OF IMPERVIOUS FIGURED FOR THIS PROPERTY YET IT DID NOT PROPOSE A SPECIFIC PLAN. THE SUBMITTAL WOULD OBVIOUSLY INCLUDE A DEVELOPMENT PLAN THAT WAS WITHIN THE PERMITTED ALLOWANCE OF IMPERVIOUS FOR THIS POND. THANK YOU FOR YOUR PROMPT ATTENTION TO PAT'S INQUIRY. THE OBJECTIVE OF THIS DIALOGUE IS TO CONSIDER THE NEED OR LACK OF FOR RESTRICTIVE COVENANTS AT THIS TIME. COULD WE NOT SHOW THIS UNDEVELOPED AREA AS "FUTURE DEVELOPMENT" HAVING RESERVED A 30% IMPERVIOUS ALLOWANCE IN THE PRESENT POND DESIGN. SORRY FOR ALL OF THE CONFUSION. PLEASE REPLY AT YOUR EARLIEST CONVENIENCE. JIMMY FENTRESS > ------Original Message----- • From: pat snoddy > Sent: Tuesday, November 06, 2001 4:13 PM > To: jimmy fentress > Subject: FW: Amerihost >: > -----Original Message----- • From: Linda Lewis [SMTP:Linda.Lewis@ncmail.net] > Sent: Tuesday, November 06, 2001 3:59 PM > To: pat shoddy > Subject: Amerihost > Dear Pat: > If Mr. Sampson bought the whole thing, then no deed restrictions are > needed until he decides to sell all or part of the project to another > party. Ideally, Mr. Ripa should have already recorded the restrictions > before he sold to Mr. Simpson. > Mr. Simpson will need to complete an application for BOTH ponds, and > sign a supplement for each -one. > Linda 1 of 1 11 /6/2001 4:56 PM RE: AMERIHOST INN & SUITES M Subject: RE: AMERIHOST INN & SUITES Date: Mon, 5 Nov 2001 16:24:49 -0500 From: "pat snoddy" <psnoddy@stroudengineer.com> To: "Linda Lewis" <Linda.Lewis@ncmail.net> MR. SIMPSON PURCHASED THE ENTIRE PROJECT. AREA 1 HAS BEEN CONSTRUCTED AND WILL BE MAINTAINED BE MR. SIMPSON. POND 2'S DIMENSIONS ARE NOT CHANGING. WE HAD TO DECREASE THE AMOUNT OF IMPERVIOUS TO COMPLY WITH THE NEW COUNTY STORMWATER REGULATIONS. THIS BEING THE CASE, WHAT RESTRICTIVE COVENANTS WILL NEED TO BE RECORDED? > -----Original Message----- ,' > From: Linda Lewis ISMTP:Linda.Lew1s0ncmail.netl > Sent: Monday, November 05, 2001 4:09 PM I > To: pat shoddy > Subject: Re: AMERIHOST INN & SUITES i > Dear Pat: fi > > I can't answer your questions until you can provide me with the > following: > The original permit (990225) was issued to Larry Ripa. Has Mr. > Simpson > bought the entire 8.35 acre project? If he has, then the modified > application will need to cover all the stuff we originally permitted ;. > to Mr. > Ripa, including the exising pond. If we excluded the existing pond • > from the > modification, the Division would have no recourse concerning > maintainance > and compliance because the permit that used to cover the existing pond > was > modified to exclude it.. 'a > If Mr. Simpson only bought a portion of the project, (what was > identified as Area 2 on the 990225 approved plans), and he will be > changing .., > the pond that was approved for that area, then Mr. Simpson needs to > apply > for his own high density permit, not a modification. > No deed restrictions are needed if this option is used. Mr. Ripa would > also > need to modify his permit to exclude the previously permitted Area 2 > since > Mr.Simpson now owns it and it has it's own permit. > If Mr. Simpson bought the tract but Mr. Ripa will build and > maintain > Pond 2 under his 990225 permit, then Mr. Simpson needs to apply for an > offsite permit to discharge the Area 2 runoff into the permitted pond. ! > A > copy of the deed restrictions for that outparcel area that Mr. Ripa > was > supposed to record (as part of his permit conditions) would need to be > submitted. > It's sounds more confusing than it really is. You need to determine > who ! > bought what. > 1 of 2 11/6/2001 3:46 PM RE: AMEAIHOST INN & SUITES 1 > Linda > pat snoddy wrote: > > LINDA, > > IN ITEM #8 OF YOU NOVEMBER 1, 2001 LETTER, YOU ASK THAT WE ACCOUNT > FOR > > ALL OF THE PROPERTY COVERED IN THE ORIGINAL PERMIT. PLEASE ADVISE > ME ON > > WHAT THIS WOULD ENTAIL. CAN WE NOT MODIFY JUST THE POND 2 PORTION > OF > > THE PERMIT AND LEAVE THE POND ONE PORTION AS IS SINCE IT HAS BEEN > > PREVIOUSLY CONSTRUCTED AND CERTIFIED? ALSO, WHAT AREAS DO THE DEED > > RESTRICTIONS NEED TO COVER? THANK YOU IN ADVANCE FOR HELP. > > PAT SNODDY 2 of 11/6/2001 3:46 PM i file:///Untitled Yes, let's make this a new permit. I'll let Mr. Ripa know that his permit will need to be modified because he sold off a portion of the permitted property. His situation will not affect your permit process. Please go ahead and address items 1-7; and 11-13 of my November 1, 2001, letter. Linda jimmy fentress wrote: LINDA, THANKS AGAIN FOR THE TIMELY RESPONSE. THE MISUNDERSTANDING WAS OF OUR DOING. WE KNEW THAT THERE WAS AN EXISTING PERMIT AND THOUGHT THE ONLY THING NECCESSARY WOULD BE TO SHOW OUR PROPOSAL. THERE WAS MORE CONSIDERATION NECESSARY OF THE FINER POINTS THAN WE CONDUCTED. I WOULD ALSO PROPOSE THAT THIS PROJECT BE MORE SIMPLY PERMITTED BY ITSELF. WOULD CLARIFICATION BY THE CERTIFYING ENGINEER THAT THE POND OF OUR PROPOSAL WAS NOT CONSTRUCTED AND SUBSEQUENTLY NOT CERTIFIED CLEAR UP THIS SITUATION AND PAVE THE WAY FOR A NEW PERMIT? PAT SEEMED TO THINK THAT YOU HAD PRESCRIBED A NEW PROJECT NUMBER TO OUR SUBMITTAL. IF THIS IS THE CASE COULD WE NOT SIMPLY CHANGE OUR APPLICATION FROM MODIFICATION TO NEW AND CLEAR THIS UP? PLEASE REPLY AT YOUR EARLIEST CONVENIENCE. THE FOLLOWING IS FOR CLARIFICATION AND COMMENT IF NECESSARY. THE PRESENT AMBITION IS ONLY TO PERMIT THE 3.24 ACRE AREA. THE UNDEVELOPED PORTION OF THE 3.24 AC. BETWEEN THE HOTEL AND THE POND WILL BE RESERVED FOR FUTURE DEVELOPMENT WITH A THIRTY PERCENT COVERAGE ALLOWANCE. IT WILL BE IDENTIFIED AS FUTURE DEVELOPMENT ON THE PLAN. AS FAR AS THE PROPERTY ON THE NORTH SIDE OF DUNHILL, WHEN A PROPOSAL IS PRESENTED ON THIS PROPERTY IT WILL BE TO UTILIZE THE OFFSITE AND EXISTING POND OF WHICH MR. RIPA IS RESPONSABLE. THANKS AGAIN JIMMY FENTRESS -----Original Message ----- From: Linda Lewis [mailto:Linda.Lewisnncmail.net] Sent: Tuesday, November 06, 2001 5: l 5 PM `Co: jimmy fentress Subject: Re: Amerihost Dear Jimmy, I thought when pat said he had bought the whole thing, it included Pond and it's drainage area. Sorry for the misunderstanding. If Mr. Simpson has bought what was originally called Area 2 on the 990225 permit, and will build and maintain the wet pond, then he will need to get his own permit and Mr. Ripa will have to modify his permit to delete Area 2. Since the tract has been purchased and is under review, deed restrictions are not needed for Area 2 at this time. You can account for any amount of future development in the pond's design. if Mr. Simpson retains ownership of 4 I of 3 11/7/2001 10:43 AM fileJ//Untitled the future area, all that would need to be done prior to the development of the 1.5 acres is to submit grading and layout plans. A permit modification won't be needed. If you account for the 1.5 acres in the pond design, and Mr. Simpson decides to sell the 1.5 acres later, but keep his 3.24 acre tract with the pond, the owner of the 1.5 acre tract will need to apply for his own offsite permit. Mr. Simpson will retain the maintenance responsibility for the pond, so he will need to include provisions in the sale or lease for sharing the maintenance costs of the pond with the new owner. Have I confused you more? Linda Jimmy fentress wrote: > LINDA, > MR. SIMPSON HAS, TO DATE, ONLY BOUGHT THE TRACT ON WHICH THE PRESENT > PROPOSAL (AMERIHOST) IS SITED (3.24 AC.). HE HAS AN OBLIGATION TO BY AN > ACRE AND ONE HALF ON THE NORTH SIDE OF DUNHILL FRONTING THE SERVICE > ROAD. HE S14OULD BE WHOLLY RESPONSABLE FOR THE POND ON THE 3.24 AC. > SITE. THE SUBDIVISION PROPOSAL IS SPECULATIVE AND POSSIBLY NOT > APPLICABLE. HE WILL AT SOME FUTURE DATE SEEK A REZONING ON THE RESIDUAL > PROPERTY AND POSSIBLY DO SOME COMMERCIAL VENTURE. IT WOULD BE TO AGAIN > MODIFY THE PERMIT AT THAT POINT. THERE 1S NO IMMEDIATE PLANS HOWEVER TO > SUBDIVIDE THE PROPERTY. AS TO THE PROBABLE PURCHASE OF THE ACRE AND A > HALF ON THE NORTH SIDE OF DUNHILL, I WOULD GUESS THAT HE WOULD APPLY TO > USE THE POND ALREADY CONSTRUCTED AND MAKE APPLICATION AS AN OFFSITE > FACILITY. THE CONSTRUCTED POND HAD AN ESTIMATED AMOUNT OF IMPERVIOUS > FIGURED FOR THIS PROPERTY YET 1T DID NOT PROPOSE A SPECIFIC PLAN. THE > SUBMITTAL WOULD OBVIOUSLY INCLUDE A DEVELOPMENT PLAN THAT WAS WITHIN THE > PERMITTED ALLOWANCE OF IMPERVIOUS FOR THIS POND. THANK YOU FOR YOUR > PROMPT ATTENTION TO PAT'S INQUIRY. THE OBJECTIVE OF THIS DIALOGUE IS TO > CONSIDER '1 HE NEED OR LACK OF FOR RESTRICTIVE COVENANTS AT THIS TIME. > COULD WE NOT SHOW THIS UNDEVELOPED AREA AS "FUTURE DEVELOPMENT" HAVING > RESERVED A 30% IMPERVIOUS ALLOWANCE IN THE PRESENT POND DESIGN. SORRY > FOR ALL OF THE CONFUSION. PLEASE REPLY AT YOUR EARLIEST CONVENIENCE. > JIMMY FENTRESS 2 of 3 11 /7/2001 10:43 AM f file:///Untitled > > -----Original Message----- * > From: pat shoddy > > Sent: Tuesday, November 06, 2001 4:13 PM > > To: jimmy fentress > > Subject: FW: Amerihost > > -----Original Message ----- > > From: Linda Lewis [SMTP:Linda.Lewis@ncmail.net] > > Sent: Tuesday, November 06, 2001 3:59 PM > > To: pat snoddy > > Subject: Amerihost » > > Dear Pat: > > If Mr. Simpson bought the whole thing, then no deed restrictions are > > needed until he decides to sell all or part of the project to another > > party. Ideally, Mr. Ripa should have already recorded the restrictions > > before he sold to Mr. Simpson. > > Mr. Simpson will need to complete an application for BOTH ponds, and > > sign a supplement for each one. > > Linda 3 of 3 11/7/2001 10.43 AM STROUD ENGINEERING, P.A. 3961-A Market Street WILMINGTON, NC 28403 ILIAUVIE?n ®[� U�U HMDUUZM (910) 815-0775 TO A/C WE ARE SENDING YOU 0 Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE /I 7 D j JOB(.�3 t►J ATTENTION RC: /%( S V i R'20s. o. 5 � " o! o 0 ❑ Samples the following items: ❑ Specifications COPIES NO. DESCRIPTION )DATE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS 0 Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US Cd4dami7 SIGNED: If enclosures are not as noted, kindly notify us at once. Rol Entity Names http://www.secretary.state.nc.us/Corporations/Corp.asp?5362261 I I ARTMENT OF THE SECRETARY OF STATE Corporations Date: 11/1/2001 Document Filings Corporation Names Name Name Type Palm Beach Development Group L.L.C. Legal Limited Liability Company Information SOSID: 0601279 Status: Current -Active Name Date Formed: 8/17/2001 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Principal Office Agent Name: Simpson, Elizabeth Address: Registered Office 5202 Carolina Beach Principal Mailing Address: Road, Suite 16 Address: Wilmington NC 28412 Registered Mailing Address: No Address Listed No Address Listed of 1 11/1/2001 2:33 PM STROUD ENGINEERING, P. ! 3961-A Market Street .RE T • T 1 ' WILMINGTON, NC 28403 SEP 0 y cLIIui1 (910) 815-0775 p i Y : TO /�/��_N iZ_ ti SEP 0 5 2001 WE ARE SENDING YOU ❑ Attached LC}nder s © Shop drawings 0 Prints ❑ Copy of letter ❑ Change order cover via E Plans N-T-'[F.Q BATE "7 16 I J06 NP t—J RE: ❑ Samples I the following items: ❑ Specifications COPIES DAI E NO. DESCRIPTION l� 7 I� �f �1Z�a'r• p �� 9 LA 1 { �{ Ul! cSr w- "b THESE ARE TRANSMITTED as checked below: u\\lor approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ID Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 'I ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS j:—::72 a:M PS E (/rU1`-F� COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. VI up _' .�'` rye: � ��, �."'� +� • � �� �•' .y _ i � , � , (•Y�, f .`r `� ire" - � \�: .��==w,v ` I ,��<: �_..a....,... ...,,},_.,�••-;'r+. - - ��..• 'yam �J S 1 • ' {"ail :.��r::S : `-'c,'rJ'.•,$:,. s�J:!';'r.' !.�{.' •': '. _ r'i.:' r •,may` •-•,.., rt::. ,I9eq uo SpUlDa sausleal 6fim:)aS ca Ix LO V N 69 CO N N U G .-a v C N •--i m U Ln U) Z N I0 Z n Y C; h m a� N 0 U cn O J h ) w y NN f Nm W J ��O ~00 0 U N LD ^1 Z Li CO ¢ZO L -fir J z o c) m oZs a ¢2a .J ED V -i U Nod a a LL 0 W C� !. r o �C)0 t.: ah-.ice{;' •,'•`�•!••�i i� li O a ram❑ L ■a 1 .a N .a Cr rfl LF1 ry Q a �4j rri ? 1 Ln Ln o LU u.l a f r, .,... �.. i. -'` - -ter_, �_ "'s _„1.... •1r .. NARRATIVE Proiect Description,..., The purpose of the proposed development is to allow for the construction of a hotel and parking areas. The site is 3.24 acres located in the Federal Point Township of New Hanover County, near the intersection on Carolina Beach Road(US 421) and South College Road(NC 132): Site Descri Lion The site has mostly flat topography. Stormwater from the site will be collected in one of several drop inlets located throughout the parking areas. From there, the water will be conveyed to a wet detention pond located at the rear of the prol)crty. Overflow volumes will be released through the emergency spillway to the ditch running along.the southern boundary of the property. Waters from the site drain to the Mott Creek, stream class C SW. Adiacent Properties Land use in the vicinity is zoned commercial and residential. The land immedintely to the north and south is undeveloped. Property to the west is developed residential. Areas to the east arc presently developed commercial. Soils The soil, as found in the SCS Soil Survey of New Hanover County, is Leon. Soils are sand with very low shrink swell potential. Leon soils are rapidly permeable with permeability rates in excess of 20 in"ches per our at depths below 30 inches. The risk of corrosion is high so measures should be taken to protect exposed steel and concrete. OF WATFR 02 pG J J .. . Mr. Mark Simpson, Partner Palm Beach Development Group, LLC 5202 Carolina Beach Road, Suite 16 Wilmington, NC 28412 Dear Mr. Simpson: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office November 1, 2001 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 010903 Amerihost Inn & Suites New Hanover County r. The Wilmington Regional Office received a Stormwater Management Permit Application for Amerihost Inn & Suites on September 5, 200I . A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The invert of the orifice into the outlet structure is not clear based on the detail provided. Please make it clear that the invert of the 4" orifice pipe through the wall of the "Release Structure" is 25. 2. The outlet structure detail indicates that the overflow slot invert is also 25. I'believe this should be corrected to 25.63. 3. The supplement form indicates that the overflow elevation is 75.63. I believe this needs to be corrected to 25,63. 4. The SAIDA ratio used to calculate the required minimum surface area is too low. If you interpolate between 40% and 50% at 4' deep, 90% TSS, the ratio is almost 4.2%. You use only 3.74%. Please check and revise. While sufficient area to make up for the error has been provided, this may be a problem on other projects if the area provided is just a little more than required. I have enclosed SA/DA tables for your use. The placement of the lower part of the forebay weir, directly across from the outlet (shortway), is not in compliance with the original SW8 990225 permit. The current proposed design will cause short-circuiting. Please relocate the weir to the other side of the forebay, as originally permitted. You need to provide at least 3 times more length from inlet to outlet than the average width. 6. Please seal the design calculations. 7. Please provide an original signature for the wet detention supplement. The copy submitted is not acceptable. ma N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 ir Mt. Simpson November 1, 2001 Stormwater Project No. SW8 010903 ---------------------------------------------- 8. If Mr. Ripa leased Area 2 to you, with Pond 2 already built, and Mr. Ripa will maintain the pond through the lease terms, an offsite permit is needed. The original permit limited the BUA for this development to.92,565 square feet, but if the pond was not constucted per the approved plans, this limit will be reduced. If you submit this as a modification to the original, you will become the responsible party for maintaining the other pond that treats runoff from the other -tracts that were permitted under SW8 990225. If you now own all of the property originally permitted under SW8 990225, then you need to account for all of the property and the other pond originally permitted under SW8 990225 on the current application, not just Area 2. 9. Recorded deed restrictions for the project have not been provided. Prior to issuing a modification or a new permit, a copy of the recorded deed restrictions must be provided, as well as a completed name/ownership change form and documentation of the sale or lease of this property. 10. On July 31, 2000, the Division received the Designer's Certification for the SW8 990225 project. We expect this to mean that both ponds were constructed per the approved plans, however, the current Pond 2 design parameters are significantly less than what was permitted under SW8 990225. The Certification did not indicate that there were any deviations from the approved plans, or that it was for Pond I only. Has Pond 2 been constructed? 11. Some of building dimensions are obscured by a heavy dotted line. Please relocate them so they can be read. 12. Please specify the�wetland species to be planted on the 6.1 shelf. An approved selection of plants may be found in Chapter 2 of the BMP manual. 13. Based on my calculations, the volume at elevation 25.63 will be slightly less than the required minimum. Please check your calculations and increase the storage elevation to 25.7 minimum. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to December 1, 2001, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. 4 V. Mr. Simpson November 1, 2001 Stormwater Project No. SW8 010903 Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORMWATIADD1NFO1010903.NOV cc: Linda Lewis James Fentress, P.E. Permit No. -)wJ'0901703 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form rimy be photocopied for use as an original DWQ Storrnwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFOR11 UTION Project Name: Ameri.host Inn & Suite Contact Person: James H. FentreG-,, Jr. .P.E. Phone Number: ( 910 ) R15-0775 R� ,t For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation 21 ft Permanent Pool Elevation 25 ft Temporary Pool Elevation 75.63 ft areas Permanent Pool Surface Area 7384 sq. ft. Drainage Area Impervious Area volumes Permanent Pool VO1U111C Temporary Pool Volume Forcbay Va1ll111e Other paratneters SAIDAI Diameter of Orifice Design Rainfall Design TSS Removal z 3.24 ac 1.57 ac (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water .surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the burin) 12757 cu. ft. (combined volume of main basin and forebay) 5717 cu. ft. (volunre detained above the permanent pool) 5193 cu, ft. (approximately 20% of total volume) 3.74 (su,tface area to drainage area ratio fi-orn DWQ table) 1.25 in. (2 to 5 day ternporaiy pool draw -dawn required) 1 111. An % (minimum 85% required) Form SWU-102 Rev 3.99 Pabe 1 of 4 Footnotes: t When usinn the Division SA/DA Mbles, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 1n the 20 coastal counties, the requirement for a vegetative filter may be waived if the vet detention basin is designed to provide 90%n TSS removal. The NCDFNR 13MP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per —the Stormwater Best.Management,Practices.ivlanual (N.C. Department of Environment, Health and Natural ',Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following,design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a regi irement has not been met, attach justification: Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20%v of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in�2 to S days. hr,4 e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3: I. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. N4- k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. � in. A mechanism is specified which will drain the basin for maintenance'or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including foi-ebays and the vegetated filter if one is provided. This system (check orle) 0 does (kdoes not incorporate a vegetated i7lter at the outlet. This.systern (check one) 0 does tidoes not incorporate pretreatment other than a forebay. Form SWU-102 Rcv 3.99 Pade 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for Sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. RCmove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water duality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in 111e blanks) Perninnent Pool Elevation 25 _ n Sediment Rerltoval El. 22.0 175 --------------- Sediment Removal Elevation 22.0 75% Bottom Ile ;t[ion 21.0 % --------------------;--"-------------"---------------------- Bottom Elevation -2 -,(L 25°/o FORE -RAY !MAIN POND 5. - Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. G. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Paae 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or rc�ponsiblc party. Print name: Mark S Title: Parrnar Addr6Ss:--_5202 carol;na Rwarh RO-ad_, Suite 16,Wlimii4sten,—North Gere! ! Phone Signat Date:__-_ -7461 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots ]nave been sold ,Ind a resident of the subdivision has been named the president. I, -MZL1 v\/)Ai4 F5 - M A6lt-�- '3� a Notary Public for the State of Hor-- 4 CA,,oLtj-t1 "'County of NV--w 4- r�tx/�=�2 , do hereby certify that U Ai-Z►- St mt-0so,.J personally appeared before me this 5n4 day of S PTEMV$6vz- ,ZOo % , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires t t - Zo_ Zao t Form SWU-102 Rev 3.99 Pane. 4 of 4 WET DETENTION POND ANALYSIS FILE NAME: PROJECT#: PROJECT NAME: :ThP8 ':lm's:at:DunhiII .. . .. ..... G:\DATA\WPDATA\WQS\POND\010903.WK1 REVIEWER: R. Hall DATE: 18-May-04 ....... ... .. .. Receiving Stream: Motts Creek Class: -SW :8 Drainage Basin: Q 6 6: F 6 Index No. :1 .. .. .... ... ... . .. .. ......... Site Area :::acres Drainage Area 414.3 %00square feet Area in Acres IMPERVIOUS AREAS Rational C :::2 3 9 5 8 0 0 "'square feet ............... ................... ... . 47865 .. .. .. . square feet Sidewalks 3668.00 square feet Pool 1340.00 square feet square feet square feet TOTAL LOT square feet Rational Cc=f<"I`�s"1""', SURFACE AREA CALCULATION % IMPERVIOUS Des. Depth TSS: ............... SA/DA Ratio Req. SA sf Prov. SA sf VOLUME CALCULATION * place a "ll" in the box if Rational is used Rational ?* FOREBAY inches me= Des. Storm Perm. Pool Volu Rv= Req, Forebay Volume= Bottom ms I Provided Volume= Perm. Pool 2Q msl Percent= % Design Pool 17:12 5.: 8': m s I Storage met @eiev msl Elevation Area Inc. Vol. Acc. Vol. �..-.6 0::' Req. Volume cf 25.00 7521.00 Vol. Prov. at DP cf 26.00 9406.00 8463.50 8463.50 ORIFICE CALCULATION `3`.65'sq. inches Avg. Head ft Q2 Area Flow Q2, cfs cfs Q5 Area inches Flow Q5, cfs �sq. inches cfs Orifice Area 111� M., No. of Orifices Q= 0.025 cfs s Diameter, inche V1 25: weir H x W in x in days - Drawdown Surface Area @DP sq. Falling Head Dra days wdown= COMMENTS Surface Area , Volume and Orifice are within Design Guidelines.