HomeMy WebLinkAboutSW7981013_Application Form_20210527DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
So.S,?v
SwRgro13
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg. nc.gov/contact/rogional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until.
1. the current permittee resolves all non-compliance issues identified in the inspection report
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limped Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner;
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW7981013
2. Project name: FSC 11. LLC -- Kitty Hawk Asphalt Plant (new name) Old Name: R & M Properties Asphalt
Is this an updated project name from the current permit? ® Yes ❑ No
Reason for the permit transfer request:
Change of Ownershi
[�LipL�Od�r
MAY 20 2021 Ip
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018
B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G. S. 143-214, 7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below), -
El The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G. S. 14 3-214. 7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply).-
0 A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark X' if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3[] e 2 .
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
NIA 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
NIA 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
NIA 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
NIA 8. If transferring under G. S. 143-214.7W) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
NIA 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
NIA 10. A copy of the lease agreement if the proposed permittee is the lessee.
NIA 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
NIA 12. A copy of the development agreement if the proposed permittee is the developer.
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Reese be sure to provide Email
1. Current Permit {solder's Company Name/Organization: R &_M_Properties Asphalt Plant
2. Signing Official's Name: Robbie Parker
3, Signing Official's Title:
4. Mailing Address. 701 Corporate Center Or€ve. Suite,,, 01 _
City: Raleigh State NC__ ZIP: 27607
5. Street Address: 701. Corporate Center Drive, ite 101
City' Raleigh State: NGZIP: 27607
6, Phone, (919) 783-570Q Email: ro bie,parker rosebrotherspaving.com
1 7f _.Ile the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit I have provided a copy of the following documents to
the proposed permittee named in this application farm: (select all that apply)
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans andlor approved as -built plans;
❑ the approved operation and maintenance agreement,
❑ past maintenance records from the previous permittee (where required),
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required p of this request are not completed or if all required supporting information and attachments
listed above are n cluded, this request package will be returned as incomplete I assign all rights and
obligations as flee to th p posed permittee named below_ I understand that this request to transfer the
permit may no pp the DEMLR unless and until the facility is in compliance wi h the permit.
Signature. pate,: 5�/Ig
a Notary Public for the State of
, County of 12(t r a }"t.rrX , do hereby certify
that ,ciky�r f- personally appeared before me
t00ha, i day of �Q GI - 20 and acknowledge the due
ekAP+ r�4kaprgoing instrument. Witness my hand and official seat,
_ r4Alal�tsbl#)
Cusrlluck County —
, d otary Sig ' 1P. 8 P
'41tof ffil `sion expires_ I
Slorrnwater Permit Transfer Application Form Page 4 of 7 April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
The proposed permittee is the:
® Property owner (Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. if the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
® Corporation, LLC, Partnership, Municipality name: FSC II, LLC
❑ HOA / POA I UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Brent E. Wood
b. Signing Official's Title: Vice President Legal Affairs
c. Mailing Address: 701 Corporate Center Drive Suite 101
City: Raleigh State: NC ZIP: 27607
d. Street Address: 701 Corporate Center Drive, Suite 101 _
City: Raleigh State: NC ZIP: 27607
e. Phone: (919) 740-7325 Email: brent.wood fredsmithcom an .net
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name: Title:
c. Mailing Address:
d. City:
e. Phone: (_) Email:
ZIP:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018
F. PROPOSED PERMITTEE CERTIFICATION
I, 5'C !r,Ci , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a 'plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terl and co ditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; an I ill {can truct), perate and maintain the approved stormwater management system
pursuant to the r,' n s li ted i t e per it and in the operation and maintenance agreement.
Signature: Date:
1 Cq S. Robes �$ a Notary Public for the State of f Curb r�a,
County of Wakes, do hereby certify that ?2ety� - •VJcoJ
personally appeared before me this the F 3 day of MC.0 , 20__4_, and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Sea!) N"%�'Go S. rRo4�r'''f
Notary Signature
My commission expir m pub%%O 40
C G
' r r1i i t o :SS`\�
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018
G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP:
Phone: (_) Email:
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner Date:
, County of
a Notary Public for the State of
do hereby certify that
personally appeared before me this the day of
20 , and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expi
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division or Water Quality
January 9, 2009
Mr. Robert D. Parker
R & M Properties of North Carolina, L.L.C.
P.O. Box 333
Kitty Hawk, NC 27949
Subject: Stormwater Permit No. SW7981013 Renewal
R & M Properties Asphalt Plant
High Density Project
Dare County
Dear Mr, Parker:
The Washington Regional Office received a Stormwater Management Renewal Permit Application for the subject
project on August 4, 2008. We are forwarding Permit No. SW7981013 dated January 9, 2009 to R & M Properties of
North Carolina, L.L.C. for infiltration basins to serve the R & M Properties Asphalt Plant located at 934 W. Kitty
Hawk Road in Kitty Hawk, NC.
This permit shall be effective from the date of issuance until January 9, 2019, and shall be subject to the
conditions and limitations as specified therein. Please pay 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 or failure to comply with all permit conditions 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 150E of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such
demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Roger Thorpe, or
me at (252) 946-6481,
enclosure
cc: Washington Regional Office
Central Files
Sincerely,
1 y AI Hodge
Regional Supervisor
Surface Water Protection Section
North Carolina Division of Water Quality Internet Li%vw(!c%vg1erquAl1tv,org
943 Washington Square Mall Phone (252) 946-6481
Washington, NC 27889 Fax (252) 946.92 t 5
An Equal Opportunity/Affirmatve Action Employer— 50% Recycledl10% Post Consumer Paper
No tliCarolina
)Vaturallr
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE S ORMW TER 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 HERESY GRANTED TO
R & M Properti'es of North Carolina, L.L.C.
R & M Properties Asphalt Plant
Dare County
FOR THE
construction, operation and maintenance of ihr§e stormwater infiltration basins In compliance with the provisions
of 15A NCAC 2H .1000 (hereafter referred to as the 'sbrmwafer 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 9, 2019, and sh6ll bb 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
applicatlon and other support€ng data.
2. This starrnwater system has been approved for the management of stormwater runoff as described in
Section 1.6 of this permit. The stormwater controls have been designed to handle the runoff from 3,91
acres of impervious area.
3. The tract will be limited to the amount of built -upon area Ind€caled In Section'l.6 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•finaf plats for the project wlll 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.
6. The following design criteria have been provided in the infiltration basin system and must be maintained
at design condition:
a. Drainage Area, ft : 273,657
b. Total Impervious Surfaces, ft2: 170,320
c, Design Storm, inches: 1.0
d. Basin Depth, ft:
2.6
e. Provided Surface Area, rye:
33,897
f. Provided Storage Volume, fO
62,809.
g. Receiving Stream:
UT to Kitty Hawk Bay
J. Classification of Water Body:
"Sc"
II, SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its 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. 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,ihe Scheduled Intervals including,;but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
:c. . :Mowing and..revegetatlon 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.
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 specificatlons, and other supporting data,
6. If the stgmiwater system was used as an Erosion Control device, It mast, be restored to. design condition
prior to operation as a stormwater treatment device, and prior to occupartny of the facility..,.
7. Access to the stormwater facilities shall be maintained via appropriate easements at all times.
The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prlorto 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,inanagement
measures, built -upon area, details; etc.
b. project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of bulit-upon area or to the drainage area.
e. Further subdlvls Ion, acquisition, lease 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.
The permittee shall submit final site layout and grading plans for any permitted future areas shown on the
approved plans, prior to construction: • _ . .
10. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times.
11. The Director may notify the permittee when the permitted site does not me6t ohe 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.
111, 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 namelownership 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) having jurisdiction.
4. In the event that the facilities fall 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.
6. 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 relssuance 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 notify the Division any name, ownership or mailing address changes within 30 clays.
% This permit shall be effective from the date of Issuance until January 9, 2019. Application for permit
renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied
by the processing fee.
Permit issued this the 9 th day of January 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ..
for
tI,- Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
,.Permlt No. SW7981013 , . .
= NORTH CAROLINA
Department of the Secretary of State
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF AMENDMENT
OF
FSC II, LLC
the original of which was filed in this office on the 30th day of April, 2010.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 12th day of November, 2020.
Scan to verify online.
Certification# 108441740-1 Reference# 16617730- Page: 1 of 2 Secretary of State
Verify this certificate online at https://www.sosnc.gov/verification
ARTICLES OF AMENDMENT
of
C.C. MANGUM COMPANY, LLC
SOSID: 0472932
Date Filed: 4/30/2010 3:57:00 PM
Effective: 5/1/2010
Elaine F. Marshall
North Carolina Secretary of State
C201012000321
Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited
liability company (the "Company") hereby submits the following Articles of Amendment for the
purpose of amending its Articles of Organization:
2.
3.
4.
The name of the Company is: C.C. Mangum Company, LLC
The Articles of Organization of the Company are amended by deleting Article 1 in its
entirety, and substituting in lieu thereof the following:
"l. The name of the company (the "LLC") is: FSC II, LLC
The amendment was duly adopted by the unanimous vote of the members of the
Company.
These Articles of Amendment shall be effective on May 1, 2010.
This 30th day of April, 2010.
C.C. Mangum Company, LLC
By:
Fred 3 mtth, Jr.
Ma er
R n-300401(r v l
NORTH CAROLINA
a Department of the Secretary of State
bgrw►
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
FSC II, LLC
the original of which was filed in this office on the 9th day of October, 1998.
HUTT
� MAY 2 0 ?`J::I IU
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this i 2th day of November, 2020.
Scan to verify online.
Certification# 108441741-1 Reference# 16617730- Page: I of 2 Secretary of State
Verify this certificate online at https://www.sosnc.gov/verification
ON 2 82 ARTICLES OF ORGANI nON
OF
FILED
16.354rwl
0114 9 .ids
MANGUM ASPHALT SERVICES, LLC EFF&
� MOUM
Pmuant to §57C-2-20 of the General Statutes of North Carolina, the mlersigned hereby
submits these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is Mangum Asphalt Services, LLC (the
"LLC„).
2. The latest date on which the LLC is to dissolve is December 31, 2035.
3. The name and address of each organizer executing these articles of organization is as
follows:
Robert B. Womble 434 Fayetteville Street Mall, Suite 1900
Raleigh, North Carolina 27601
4. The street address and county of the initial registered office of the LLC are:
3141 John Humphries Wynd
Raleigh, Wake County, North Carolina 27612
5. The mailing address of the initial registered office is the same as Item 4 above.
6. The nme, of the initial registered agent is Thomas S. Saunders.
7. The LLC is a manager -managed limited liability company. Except as provided by
N.C.G.S. §57C-3-20(a), the members of this LLC shall not be managers by virtue of their
status ae members.
This the 9 day of October, 1998.
Robert B. Womble, Organizer
0037MAt
iA3:
Certification# 108441741-1 Reference# 16617730- Page: 2 of 2
SPECIAL WARRANTY DEED
Parcel: 017768000
Revenue Stamps: $9,620.000
Land Transfer Tax: $48,100.00
❑ If checked, the property includes the primary residence of at least one of the parties
depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2)
STATE OF NORTH CAROLINA
COUNTY OF DARE
THIS SPECIAL WARRANTY DEED, made and entered into this the 18th day
of December, 2020 by and between R & M PROPERTIES OF NORTH CAROLINA, L.L.C., a
North Carolina limited liability company, party of the first part (the address of the party of the
first part is: 245 N Dogwood Trail, Kitty Hawk, NC 27949); and FSC II, LLC, a North Carolina
limited liability company, party of the second part (the address of the party of the second part is:
701 Corporate Center Drive, Suite 101. Raleigh,. North. Carolina 27607-52S2).
WITNESSETH:
Prepared by Ward and Smith, P.A., Post Office Box 8088, Greenville, NC 27835-8088,
Overnight Delivery: 120 West Fire Tower Road, Winterville, NC 28590
Please return to K&L Gates LLP, Post Office Box 17047, Raleigh, NC 27619-0747
Attention: Robert B. Womble
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on
title from Ward and Smith, P.A,
This instrument prepared by J. Drake Brinkley, a licensed North Carolina attorney. Delinquent
taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of
closing proceeds.
That the party of the first part in consideration of the sum of Ten and No/l00
Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by
the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey
unto the party of the second part, said party's successors and assigns, the following described
property to wit:
All that certain tract or parcel of land lying and being situate in the
Town of Kitty Hawk, Atlantic Township, Dare County, North
Carolina, and being more particularly described on Exhibit A
attached hereto and incorporated herein by reference.
This conveyance is made subject only to ad valorem taxes for the
current year; easements and restrictions of record; public and
utility easements of record or on the ground, all rights of ways,
streets and railroads to their full legal widths; applicable federal,
state and municipal ordinances and other laws, including, without
limitation, all building, zoning and planning, health, environmental
and accessibility rules, regulations and ordinances; and all items
listed on Exhibit B attached hereto and incorporated for reference.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said patty's successors and assigns, forever.
And the party of the first part covenants that said party has done nothing to affect
such title to the aforesaid property as was received by said party and, subject to the matters set
forth above, agrees to warrant and defend the title to said property against the lawful claims of all
persons claiming by, through or under said party, but no further.
IN TESTIMONY WHEREOF, the party of the first part has caused this
instrument to be executed under seal in such form as to be binding, this the day and year first
above written.
2
R & M PROPENTIES OF NORTH CAROLINA, L.L.C.,
a North CalIi limite, lability company
By: l� G
obert D. Parker, Manager
STATE OF No r+h Carol ir)o
COUNTY OF I%L rg
I certify that the following person personally appeared before me this clay, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: ROBERT D. PARKER.
Date: ►d -110 -o�-0
S nature af'Nolary Public
Jane l len�l�rsot�
Notary's printed or typed name
My commission expires:
(Official Seal)
%0\,4 1i E 1V'il
el)
O
Notary Public
Cunlluck County
.y
%20 \��\
,///0111111100
Notary seal or stamp must appear within this box.
EXHIBIT A
All that certain tract or parcel of land located in the Town of Kitty Hawk, Atlantic Township,
Dare County, North Carolina and being more particularly described as follows:
BEING ALL of that certain tract or parcel of land identified as Lot 2 and containing
approximately 767,128 square feet as shown on that certain plat of survey entitled "Final flat: R
& M Properties of North Carolina, L.L.C., A Tract Located at the Intersection of Kitty Hawk
Village Rd. and Woods Rd." dated March 27, 1998, prepared by Martin Barnette, P.L.S, of
Barnettc Integrated Land Development and recorded in Plat Cabinet E, Page 7 in the office of the
Register of Deeds of Dare County, which plat is referenced for a more particular description.
EXHIBIT B
I . Matters shown on a plat recorded in Plat Cabinet D at Slide 316; Map Book 7 at Page 15 and
Plat Cabinet E at Slide 7.
2. Public streets or highways abutting or traversing the Property, including but not limited to
pursuant to that certain Agreement between Decatur Partnership, and the North Carolina
Department of Transportation recorded in Book 769 at Page 613; and an Agreement between
Decatur Partnership, Tien Beacham Partner, and the North Carolina Department of
Transportation recorded in Book 769 at Page 611.
3. Terms of a Boundary Agreement recorded in Book 1745 at Page 154.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Property.
5. Rights of tenants at the Property conveyed herein pursuant to unrecorded leases, as tenants
only.