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SW8051143_HISTORICAL FILE_20191024
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 O 5 11 � 3 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20i%C) 24 YYYYMM DD I' ROY COOPER Governor MICHAEL S. REGAN secrearr S. DANIEL SMITH Director October 24, 2019 Excel Leland Properties, LLC Attn: John Z. Everhart, Manager PO Box 12886 New Bern, NC 28561 NORTH CAROLINA Environmental Quality Subject: Permit Transfer State Stormwater Management Permit No. SW8 051143 SPEC -Leland (111 Thomas Garst Lane) Brunswick County Dear Mr. Everhart: Effective August 1, 2013 the State Stormwater program has been 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 updated permit references DEMLR as the Division responsible for issuance of the permit On June 20, 2018, the Wilmington Regional Office received a request to transfer ownership of the state stormwater management permit for the subject project, with final information received on October 22, 2019. DEMLR staff have inspected the project, determined that the documentation is in order, and that the project is in compliance with the terms and conditions of the state stormwater permit. As indicated on the Permit Transfer Application Form, you have acknowledged receipt of a copy of the permit (which includes the application and supplement forms), a copy of the designer certification, a copy of the recorded plat, a copy of the approved plans, a copy of the approved Operation and Maintenance agreement from the previous permittee, a copy of the past maintenance records, and a copy of the latest inspection report. By acknowledging receipt of the permit, and by signing the Permit Transfer Application form and Operation and Maintenance Agreement, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on October 24, 2019 and reminding you that this permit shall be effective until March 8, 2021. A copy of the transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit. Please be aware that the project's built -upon area and stormwater controls must be constructed, operated and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed and approved Operation and Maintenance agreement. Any modifications to the permitted stormwater control measure or to the built -upon area approved for this project must be submitted to DEMLR and approved prior to construction. The issuance of this permit does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval from the applicable authority prior to construction. D_E QNorth Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 narrrN cnan i,a 910.796.7215 State Stormwater Permit No. SW8 051143 Page 2 of 2 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 1SOB of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact any of the Stormwater Staff with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, �. S. Daniel Smith, Director Division of Energy, Mineral and Land Resources Enclosures: Updated Permit Permit Transfer Application Form Operation & Maintenance Agreement Inspection Report GDS/arl: G:\\\Stormwater\Permits & Projects\2005\051143 HD\2019 10 permit 051143 cc: Ann Brown (165 Vision Drive Wilmington NC 28403) Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 051143 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY .DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT OVERALL LOW DENSITY DEVELOPMENT WITH AN AREA OF HIGH DENSITY 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 Excel Leland Properties, LLC SPEC Leland 111 Thomas Garst Lane, Leland, Brunswick County FOR THE construction, operation and maintenance of an overall 30% low density development with one (1) constructed wetland to treat the higher density areas, in compliance with the provisions of Title 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (DEMLR or Division) and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until March 8, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This permit covers the construction of a total of 42,236 square feet of built -upon area (BUA), which includes 35,509 square feet of BUA within the drainage area of the constructed wetland and 6,727 square feet of BUA within the remaining low density area. 3. The overall tract built -upon area percentage for the project must be maintained at no more than 30% per the requirements of Section .1005 of the stormwater rules. 4. The stormwater system which treats the runoff generated by the designated high density area has been approved for the management of stormwater runoff as described in Section 1.10 of this permit. 5. The low density portion of this project will maintain a minimum 30 foot wide vegetated buffer between all impervious areas and surface waters. 6. Within the low density portion of the permitted project, all roof drains shall terminate at least 30 feet from the mean high water mark of surface waters. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 051143 7. Within the low density portion of the permitted project, the only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and as shown on the approved plan. 8. Within the low density portion of this permitted project, no piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 9. The runoff from all built -upon area within the drainage area of the permitted high density stormwater system must be directed into the permitted stormwater control system. 10. The following design elements have been approved for this constructed wetlands stormwater facility, and must be maintained at design condition: DA a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 1.19 51,768 0 b. Total Impervious Surfaces, ft2: Onsite, ftz: Offsite, ft2: 35,509 35,509 0 c. Plant Depth, feet: 1.0 d. TSS removal eff., %: 85 e. Desi n Storm, inches: 1.5 f. Permanent Pool Elevation, FMSL: 12.0 g. Permitted Wetland Surface Area, ft2: 5,155 h_ Shallow Land Area, ft2: 1,565 i. Shallow Water Area, ft2: 2,165 j. Deep Pool Area, ftz: 1,425 k. Permitted Tem ora Storage Volume, ft3: 4,443 I. Temporary Storage Elevation, FMSL 13.0 m.Controllin Orifice 0": 1.25 n. Number of Plantings Shallow Water — Herbaceous: Shallow Land — Herbaceous / Shrubs / Trees: 541 89 / 37 / 5 o. Receiving Stream / River Basin: Brunswick River / Cape Fear p. Stream Index Number: 18-77 q, Classification of Water Body: Sc II. SCHEDULE OF COMPLIANCE No "person" (as that term is defined in NCGS 143-212) shall alter any part of the approved stormwater management system or the runoff collection system of pipes and swales shown on the approved plans, except for minimum driveway crossings, unless and until the permittee shall have submitted a modification to the permit and received approval from the Division. 2. The permittee is responsible for monitoring the project on a routine basis and verifying that the proposed built -upon area does not exceed the maximum allowed by this permit. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 051143 3. 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. 4. 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. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of the project area, in whole or in part as reported on the application. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. e. Construction of any designated future development areas. f. Construction of any areas of permeable pavement, #57 stone, or the use of certain landscape materials for BUA credit. g. Any other revision as determined by the Director. 6. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project must be recorded showing all such required common areas and easements, in accordance with the approved plans. 7. Erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The stormwater system shall not be used as an Erosion Control device in the future. The permittee shall employ those measures necessary to protect the stormwater wetland system from unnecessary sediment. 8. On October 7, 2013, the facility was certified by an appropriate designer for the system installed, that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. 9. The facilities shall be constructed, operated and maintained in accordance with the conditions of this permit, the approved plans and specifications, and other supporting documents attached hereto and on file with the Division. 10. The permittee shall at all times provide and perform the necessary operation and maintenance procedures as specified in the signed Operation and Maintenance Agreement, such that the permitted stormwater management system functions at design condition. 11. Records of maintenance activities must be kept by the permittee and made available upon request to authorized personnel of DEQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 12. Prior to transfer of the permit, the stormwater facilities will be inspected by DEQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. 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. Page 3 of 5 State Stormwater Management Systems Permit No, SW8 051143 III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part; b. Dissolution of the partnership, corporate, or LLC entity; c. Bankruptcy; d. Foreclosure. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project, in whole or in part, nor the transfer of common area to a third party, shall be considered an approved permit transfer. 3. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 4. The issuance of this permit does not preclude the Permittee from complying with and obtaining any and all permits or approvals as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site prior to receipt of the necessary permits or approvals to do so is considered a violation of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143- 215.6. 5. Any person or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 6. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems, subject to approval by the Division for the additional or replacement SCM's. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal or rescission; however, these actions do not stay any permit conditions. 8. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143- 215.1 et. al. 9. Unless otherwise shown, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The permittee grants permission to DEQ staff to access the property during normal business hours for the purposes of inspecting the stormwater facilities for compliance. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 051143 11. The permittee shall maintain} a copy of the approved plans, permit, permit documents, and specifications for this project on file. The plans and documents are incorporated by reference and are enforceable parts of the permit. 12. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit modified and reissued this the 24th day of October 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 051143 Page 5 of 5 ;.... 'yam." 1„___ _-=..UEIVICK'CJSE'UNLY.. Date Received Fee Paid Permit Number 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. htt ://de .nc. ovlcontect/re Tonal -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; • Limited 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 02K 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: SW8 051143 2. Project name: SPEC - Leland Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Sale of property 0403&1131 s o-ed _T ECEIVE JUN202018 BY: 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); ❑ 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. 143-214.7 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): ❑ 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. Stormwaler 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 'Y' if previously provided. If not applicable or not available, please mark N/A.: 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-2215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. 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. 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. 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 7C engage in the permitted activity. 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. N7. 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. y V �6 8. If transferring under G.S. 143-214.7(c2) (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. Af 9. If transferring under G. S. 143-214.7 c5 (i.e., Part 8, 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. T 10. A copy of the lease agreement if the proposed permittee is the lessee. JJK 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. �i-� 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 Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Ronald Saucier 2. Signing Official's Name: Ann Brown, POA for Ronald Saucier 3. Signing Official's Title: 4. Mailing Address: 165 Vision Drive City: Wilmington State: NC ZIP: 28403 5. Street Address: 111 Thomas Garst Lane City: Leland State: NC ZIP: 28451 6. Phone: (910) 350-1497 ext. 3 Email: ann@speckids.com I, Ann Brown , 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 form: (select all that apply) 0 the most recent permit; the designer's certification for each SCM; any recorded deed restrictions, covenants, common areas, drainage easements or plats; �j the approved plans and/or approved as -built plans; the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); KA Link 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 parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not _0approved by the DEMLR unless and until the facility is in compliant with the permit. Signature: Date: , � a Notary Public for the State of -kb ih QAIi r& , County of , do hereby certify that _CAnn &'o_ oy-N _ , personally appeared before me this the {_ 15�- day of 201'& and acknowledge the due execution of the forgoing instrument. Witness hand and official seal, (Notary Seal) 4 Notary Signature: My commission expires aGi4e4 Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 J E. PROPOSED PERMITTEE INFORMATION 1. 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: Excel Leland Properties, LLC ❑ HOA i POA I UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: John Z. Everhart b. Signing Official's Title: Manager c. Mailing Address: _ d _ _ pU L3r�cl2d?dty New&-AW_ Z85Q City: New Bern State: NC ZIP: 28562 d. Street Address: 41Qr LKin Jr. City: t=etarrd6/04,.- 130m State: NC —ZIP: �M459 ZI S&Z e. Phone: (252) 288-5181 Email: zeverhart@excelkids.com 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: c. Mailing Address: d. City: e. Phone: (_) Email: Title: State: ZIP: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION 1, John Z. Everhart , 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 terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will (construct), operate and maintain the approved stormwater management system pursuant to the requirements listed i the permit and in the operation and maintenance agreement. Signature: ! Date: I, Lr�7-'� l�-_W�11 , a Notary Public for the State of County of do hereby certify that personally appeared before me this the � day of 20 13, and acknowledge the due execution of the forgoing instrument. Witness q hand and official seal, (Notary Seal) Notary Signature �-� 7 w } My commission expiresU 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: Phone: (_} Email: State: ZIP : 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 DEMI_R 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 my hand and official seal, (Notary Seal) Notary Signature My commission expires Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Lewis,Linda From: Lewis,Linda Sent: Friday, October 18, 2019 9:03 AM To: ann@speckids.com Cc: zeverhart@excelkids.com; Garry Pape Subject: SW8 OS1 143 SPEC daycare Leland On April 8, 2019, the Division emailed an inspection report to all of you regarding the transfer of this permit. Although a lot of work has been done on the facility, as evidenced by the March 29, 2019 inspection, the amount of invasive vegetation (cattails) was of concern. Our last correspondence was on May 15, 2019, when I received an email from Ms. Brown that Aquatic Resource Management was handling the vegetation 1 cattail issue and that she would let me know when they had completed the work. I haven't heard anything. I have to be in the Leland area on Tuesday, so I will stop by and check on the site to see if the wetland has been restored. Mr. Everhart — as an alternative to waiting for the wetland to be fully restored, you are able to accept the permit "as is" and deal with this remaining maintenance issue after you become the permit holder. I can accept your written (emailed) acknowledgement to do this. Thanks Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewis,Linda Sent: Monday, April 08, 2019 12:23 PM To: 'ann@speckids.com' Cc: 'Garry Pape'; zeverhart@excelkids.com Subject: FW: SPEC Leland Inspection Report SW8 051143 Attachments: Letterhead 2018_DEMLR_Wilmington_BW 2019 01 24.pdf; 2019 04 CEi_BIMS 051143.pdf Sorry- I accidentally attached the same file twice. Here is the cover letter and the inspection report. Linda From: Lewis,Linda Sent: Monday, April 08, 2019 12:21 PM To: 'ann@speckids.com'<ann@speckids.com> Cc: 'Garry Pape' <gpape@gsp-consulting.com>; zeverhart@excelkids.com Subject: SPEC Leland Inspection Report SW8 051143 Attached please find the inspection report and cover letter for SW8 051143. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisia7ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (/ Nothing Compares -- Email correspondence to and from this address is subject to the North'Caroiina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Brown, Creighton A Sent: Wednesday, April 03, 2019 10:56 AM To: Lewis,Linda Subject: SPEC Leland SW8 051143 Linda I inspected SPEC Leland SW8051143 on 3/29/19 from 11:50am-12:00pm. They have cleared areas at the riser, outfall, and slopes of the wetland. My only concern would be about the amount of vegetation in the wetlands, especially what looks to be cattails. I have uploaded pictures in the stormwater file: G:\WQ\Shared\StormWater\Permits & Projects\20051051143 HD\Inspection Pics - 3.29.19 Let me know if you have any questions. Thanks Creighton Brown Environmental Specialist Land Quality Section Division of Energy, Mineral, & Land Resources Department of Environmental Quality 910.796.7314 office creighton, brownPncdenr.gov 127 Cardinal Dr, Extension Wilmington, NC 28405 !`Nothing Compares,, Email correspondence to and from this address is subject to the Nonh Carolina Public Records Law and may be disclosed to third parties_ Lewis,Linda c51!¢3 From: Ann S. Brown <ann@speckids.com> Sent: Monday, February 25, 2019 12:04 PM To: Lewis,Linda; zeverhart@excelkids.com Subject: [External] Re: SPEC Daycare Leland SW8 051143 Inspection Report Attachments: image001.png Linda, All of the issues from the inspection report have now been addressed and completed for the Leland pond. Please let me know if you need any additional information from me. Thank you, Ann Brown From: "Lewis,Linda" <linda.lewis@ncdenr.gov> Sent: 10/31/18 10:16 AM To: "ann@speckids.com" <ann@speckids.com> Cc: Zac Everhart <zeverhart@excelkids. com>, "gpape@gsp-consulting.com" <gpape@gsp-consulting.com> Subject: SPEC Daycare Leland SW8 051143 Inspection Report undefinedundefinedundefined Attached please find the inspection report for SW8 051143. Mr. Everhart, as before, if you are willing to accept the facility in its "as is" condition, and if you will agree (in writing) to restore the stormwater control to design condition, the Division can transfer this permit to you. Please let me know what you would like to do. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(u)ncdenr.gov Lewis,Linda 0 sll ¢3 From: Lewis,Linda Sent: Thursday, November 15, 2018 8:58 AM To: 'ann@speckids.com' Subject: RE: [External] Re: SPEC Daycare Leland SW8 051143 Inspection Report Ms. Brown - Regarding the Leland facility,,the response date is November 30, 2018. Since Mr. Saucier is still the permittee of record, the required response should be coming from you and/or Mr. Saucier. You and Mr. Everhart should be discussing the matter and making agreements as to who will deal with restoring the facility. The paperwork for the Leland facility is already in order — the only remaining item that is blocking transfer at this point is the need to restore the facility to design condition. Regarding the Burgaw facility — because BUA has been added, the first action will be to set aside the transfer application in order to process a permit modification to address the additional BUA. The pond at this site must be restored to design condition and the required designers certification must be provided before. transfer can take place. The response date for that inspection is November 19, 2018. Again, since Mr. Saucier is still the permittee of record, you and Mr. Everhart should be discussing the matter and making agreements as to who will modify the permit, restore the BMP and provide the certification, and let the Division know, In both cases, Mr. Everhart can agree to take on the modification, restoration and certification responsibilities after he becomes the permittee of record, but we would have to have his signature on a separate document agreeing to that before we transfer. Since neither response date has been reached yet, there is little I can do until after the response date has passed and no response has been provided. I recommend that you contact Mr. Everhart directly and open up the discussion lines. Linda From: Ann S. Brown <ann@speckids.com> Sent: Thursday, November 15, 2018 8:26 AM To: Lewis,Linda <Iinda.lewis@ncdenr.gov> Subject: [External] Re: SPEC Daycare Leland SW8 051143 Inspection Report Linda, Did you get a response from Mr. Everhart? 1 wasn't copied on anything so wanted to see if I needed to follow up with him. Ann From: "Lewis,Linda" <linda.lewis ncdenr. ov> Sent: 10/31/1 S 10:16 AM To: "annOspeckids.com" <an_n@speckids.com> a . Cc: Zac Everhart <zeverhartAexcelkids.com>, "opapeCcDcIsp-consulting.com" <gpape(C)gsp-consultinq.com> Subject: SPEC Daycare Leland SW8 051143 Inspection Report undefinedundefinedundefined Attached please find the inspection report for SW8 051143. Mr. Everhart, as before, if you are willing to accept the facility in its "as is" condition, and if you will agree (in writing) to restore the stormwater control to design condition, the Division can transfer this permit to you. Please let me know what you would like to do. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(a)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -' -%'Nothing Compares--, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Thomas Garst Ln - Google Maps Page Google Maps Thomas Garst Ln s Shirley's Diner zi ®Piggly Wiggly Yummiyummi A92 Leland a s BenkotAmeriw ATM Seafood Propane gP,P Advance Auto Pans oA,& - 3 y 9Go Gas Pizza Hut WDonald's SPEC Q ;-:.--.: n E y„omes��s� _ _ Odean _.- .. r`y Wpa4e Rd NE QCVS ©. C 9TACOBNI 2' © w t� ,tg KF F 688T Lelala nd Citgo Q ua C Waffle House 9 dNF QBolangles' Fond Lion ® Famou ChiCken'n Biscuits, j Leland Ace Hardware i~ t ~ - AeM14 Nn Q 0 It �• Subway E 98P I Belville ABC '---� My olia's Bed B Biscuit Ggle 0o, Circle K • 9 Map data 02018 Google 200 it https://www.google.com/maps/place/Thomas+Garst+Ln,+Leland,+NC+28451/@34.2332314,-77.9937132,17zldata=!4m5!3m4! 1... 8/8/2018 t r ; ECEIVE �. JUL 31 2018 _� 111 11 tlr�n BY: 0s011Va 05 t¢ 3 R£CI5TM}T ION Yea[6ILR OF ar[p lllj ApllJrft I)' 11 J Itf Jrl11l ttNti" 'rWfl1J1, it'll HfiRFiOYFyLpeyrhia zolsalases M1 JLC dB 82:*3 7 FM -' � E,K;6573 PG:f1�r)-12a1 FF£:S2B.BB Si'ATL< Ole NOR1171 CAR01,1NA COIJN"I=IF OF NE44r.HANON'ER .. tABi f; P 4 At O e ATTORNT.Y i.r"mUTARYCUTOFFRD WILMINGTON,NC28atld s't•',VIL 1CNOVJ ALL MEN IIY']ii118E PRI!SBNTS, that i, RONA LD E. SAUCfGR, SR., the undarsigrted, -; a rtuidont of the State of North CarUlink do hereby make, constitute and appoint my daugNer, ANN S. BROWN, my true tied lawful attorney -in -tact, for sne in my name, place, and stead, giving unto said attorney-in�fact full power to act in my name, place, and stead in any way that I myself could do if I were penOrItilly present with respect to the following matters to the extent that I am permitted by law to act y through an agent, r„ In the event ANN S. BROVIN is unable or unwilling to act as my attomoy-in-fact for any reason, then I hereby appoint my son, RONALD 11. SAUCIER, JR., my aitemate attorney -in -fact 1. Real Property Transuetiomx. To lease, purchase, exchange, Lind acquire, and to agree, bargain, and contract for the louse, purchase, exchange, and acquisition of, and to accept, take, receive and t.` possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as said altorneyin-fact shall deem proper; and to raintain, repair, improve, manage, insute, rant, lease, scl I, ! convey,subject to, liens, mortgugc, subject to deeds of, r-u st; and in any way or manner deal with all or past i ofuny inlerest in real gi nperiy wiiatsaavcr, that the principal owns at!he tune ofesac ion or may thereafter 1 acquire, for under such terms and conditions, and under such Covenanh, ac said atlornoy-in.fact shall deem proper. i 2. Personal Properly l'ransactiuns.Tolease, Purchase, exchange, and acquire, and toegreo, bargain, and contract for the Icasc, purchase, cxchungo, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangiblo or Intangible, or interest thereto, on such terms and f`;1 conditions, and under such covenants, as said attomcy-in-fact shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, Col], convey, subject 10 liens and mortgages, and hypothecate, and in any way es manner deal wish all or any part ufany personal proper y whatsoever, tangible. or intangible, or any interest 3herein, that the principal owns at the time afcxecution or may ihcroaRar acquire, under such terms and conditions, and under' covenants, Lis said anomoy-in-fact shall deem proper, . . 3.: ;:..;:. Bond, shere;stock; ScegrltEes arad;Commodity Transactions. Tu requosl, ask, demand, syo for iccQVcr, ctillect;•'reoeive;;dnd hold andrposscss'any iiond, share, instrtmtent of -similar character, all, drcUremeat accounts; Commpdity inlcrosGor any instrument with respect thereto together with the interest, ividends; pro;etids;or ether distributions Conncctod lherawith, as now toe, or shall hereaner become, owned by; or duo, awing payabpe, or belonging to, lha principal at the time of execulion or in which the principal may thereafler acquire interest, to have, use, and take all iawfill means isnd equitable legal remedies, procedures, and writs in the name of the principal fur i€te collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to make, execute, and deliver for the principal, all endorsements, acquittanoos releases, receipts, or Other sufficient discharges for Ilse Caine. 4• MilakingTransactions,Tomalre,reeeivc,sign,endorse, execute, acknowledge,dc]iver,ead possess checks, drafts, bills ofexchonge, letters of credil, notes, stock certificates, withdrawal receipts and instruments relating to acoounts or deposits in, or certificates ofdcposit of, banks, savings and loan or other Inslitutions or associsfions for the principal, 5. SaFe Deposits. To have free access at vaultany time or times to any safe deposit box or to which the principal might have deposit access es lessen or owner. 6. ITosiness Operating Traumctlen& TO conduct, engage in, and transact any and all lawful business of whattvcr nature or Had for the principal. ri 7. Insur'auce Traneaelious. 'fo exercise or perform any act, power, duty, right or obligation o. whatsoever in- regard to any conlracil of life, accident, health, disability or liability insurance or any ' cornbiriation ofsoch insurance procured by or on tsehalfofthe principal prior to execution; and to proouro now, different or additional contracts of insurance for the principal and ro designate the beneficiary of any such contract ofinsurance, provided, however, that the agent himselfcannot be such beneficiary unless the yt agent is spouse, child, grandchild, parent, brother or sister of the principal, ►' S. ifstato Transactions, To request, ask, demand, sue for, recover, coilcct, receive, and hold and possess all legacies , bequusts, dcvisas, as are, owned by, or due, owing, payable, or belonging to, the principal at tiro titnc nfaxecation or in which the prineipal may thereafter acquire interest, to have, use, and take all lawful means and equitable and legal remedioe, procedures, and writs in the name of the principal fbr the collcction and recovery thcrcol; and to adjust, sop, compromise, and agree for ihestane, and to make, exeoule, and deliver for the principal, all andorscmcrtts, acquittances, releases, receipts, or olhcr sufficient dischargcs for the same. l 9. Perso Lint Rulation3hips and Mfairs,To do all acts necessary formaintainingthccustarrilay Y staodurdoflivingoftheprindpal,thespouseand children,andotherdependentsoftheprincipal, toprovide r medical, dental and surgical care, hospitalization and custodial care for the principal, the spouse, and ohildren, and other dependents of the principal; to continue whatever provision has It= made by tho principal, for the principal, rho spouse, and children, and other dependents offlit principal, with respect to 4jc automobiles, or other means of h'unspursation; to continue whatever charge accounts have beau operated by rt{. r �. the principal, for the convenience of the principal, the spouse, and children, and other dependents of the principal, to open such now accounts as the attorney -in -fact shall think to be desirable for the +' nccmnp]ishrnent of any of the purposes enumerated in this suction, and to pay the ilwns charged on such ' accounts by any person authorized or permuted by the principal or the attorney-in.faeito snake such charges;;°i' Iv continuo the discha a of au scrvicus or dufics assumed b theprincipal, rat, re an areort, relalivc or friond ril Y Y p t Y P ' rr.•. • .. of the principal; to oontinue payments incidental to the membership or affiliation of the principal in any thuroh, club, society, ordor or other organization, or to continue contributions thereto. in the event the attorney -in -fact named pursuant to N.C.G.S, 32A-1 makes a decision regarding the health care of the - principal that is contrnd'setory to a decision made by a health care agent appointed pursuant to Arrielc 3 of this Chapter, the decision of the heahh Caro agent sbali uverrule the decision of the attorney -in -fact. 10- SM121 Security unid Unemployment: To prepare, execute and file all social security, i. unemployment insurance and information returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government, 11, ilenefrta from R4ilitary Survico, To execute vouchers in the name of the principal. for any and all allowances and reimbiirsenionts payable by the United States, or subdivision thereof, to the principal, arising from or based upon military service and to receive, to endorse and Cal Ioctthe proceeds ofany check payable to the order of the principal drawn on rho treasureror other fiscal officer or depository of the United states or subdivision thereof; to take possession and to order the removal and shipmoni, of any property of the principal from any post, warehouse, depot, dock or other place of storage or safekeeping, either governmental orprivatc,to execute andtodoliverany rolcase,voucher, icceipt, bill oflading, shipping ticket, certificate or other instrument which the agent shall think to be desirable or necessary for such purpose; to prepare, to file and to prosecute. the claim ofthe principal to any benefit orassistence, financial or otherwise, to which'the principal ls; or claims to bu, entitled, under the provisions of any statute or regulation existing at the creation ofthe agency or thereafter enacted by the United States or by any sate or by any subdivision (hereof, or by any foreign government, which benefit or assistance arises from or is based upon military service performed prior to or aficr exeoution. 12. Tat Matters. To prcpare, execute, verify and fife in the name of the principal and on behalf ofthc principal any and all types oftax returns, amended returns, declaration afostimated tax, repon, protest, application far correction of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the Tax Court of the United States, In connection with any tax imposed or proposed to be imposed by any govcnnnent, or claimed, levied or assessed by any govornment, and to pay any such tax and to obtain any extension of tinto for any of the foregoing; to execute waivers or conscats agrocing to a later determination and assessment of taxes than is provided by any statute of limitations; to execute waivers of rostriction on the assessmont and collection ofdaficienay in any tax; to execute closing agreements and all other documents, Instruments and papers rotating to any tax liability of any sort; to institute andcarry on rhfoafh counsel any proceeding In Connection with determining or contesting any such -2- J e tax or to recover any tax paid or to resist any ciarm for additional tax on any assessmentyor levy _ V rhorcof• and to enter into arty agreements orslipufaltons far compromise arother adjustments ur disposition of net- tax. 13. Lrmployment of Agcuts. To employ ngonts, such as Icgal counsel, accountants nr other professions I representation as may he appropriutc and to grant such agents strch pnwcrs ofattOmey or other appropriate authorization as may be tequucd in connection with such representalian or by the Internal Revenue Service or other governmental aulhorily. 14. Cifix fo Charities, And to Individunls Other III,,, tha attorney -in -fact. To make gilts to charities or persons other rhnn the named attorney -in -fact. T hereby limit such gifts in amnunOs not to exceed the annual exclusion for federal gift fax Purposes at the time the gigs arc made to any one person or charity. Gifts is my spouse may be unlimited. I further limit the power of my attorney -in -fact to make gifts under this puwcr of attorney by requiring that such gifts result in actual or potential tax or ether benefit to. me or m}'estate• ! grart rriy at-otrteY'l-m fact the puwcr to make grits or, my bchalfcyei though l may not have` - bad a history of'prior gift giving. IS, GMS to the NAntud Alturney-in->! nct. To make gifts to charities or persons inctuding my attorney -in -fact named in the powcrofattorney. f hereby limit such gifts in amounts not to exceed the annual exclusion for federal gift tax purposes at Ihetime the gifts au made to any Ono petson or charity. Gifts to my spouse may be unlimited. I further Iin It The power of my attomey4n-flkot to make gifts under Otis puwcr of attorney byrequiringthat such gifts result in actual or potential laxorotherbs notit tome or my estate.I grant my auto ncy-in-fact the power to make gif9s on my behalf even though I may not have had a historyof prior gift giving, This PoworofAttorney shall not he affected by my subsequent incapacity or mental intompetence. rbiy attorney -in -far: shall not bo required to file a copy Of This Power of Attomey with the Cicrk of Superior Court, nor shall my attOrncy-in-fact be required to rendar any inventories or accounts regarding actions taken On my behalf, and I hereby waive lhhoso rcqufrements. Signed and scaled this the 91tfay of , 2(lI I . G ` (Seal) RONALD R, S CIirR, S1t• STAM OF NORTH CAROf.INA COU, ITY OF NEW HANOVER On this Q3ay of July, 2011 , RONALD E. SAUCIER, SR., personnlfy appeared before me, and known to me to be the person who executed the foregoing instrument and the grantor boing duly sworn by me, etude oath that She slatoments in the foregoing instrument are tMe. // Notary Public MYvommissionexpires: 3P NOTARY �_ 3_F l Ui3!~!C —3— Lewis,Linda From: Lewis,Linda Sent: Friday, July 27, 2018 11:37 AM To: zeverhart@ excelkids.com' Cc: ann@speckids.com' Subject: SPEC Leland and SPEC Burgaw Addinfo Attachments: DEMLR W[RO Letterhead_BW 2018 01 29.pdf; 050118.pdf; 051143,pdf Mr. Everhart and Ms. Brown: Attached are my review comments and blank copies of the 0&M agreements, as referenced in the letter. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -:'- Nothing Compares.. -%-'.,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Energy, Mineral & Land Resources ENVIRONMENTAL OUALITV July 27, 2018 Excel L,cland Properties, I.L.C. (via crnail) Excel 13urgaw Properties, IA.0 Attn: Joint Z. fverhart, Manager 110 Box 12886 New 13crrr, NC 28561 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON. JR. inres-im Oirector- Subject: Combined Request for Additional Information regarding 'Transfer of Stale Stormwater Management 1'ermits for S11'EC Leland and SPEC 13urgaw Stormwater 1'ermit Nos. SW8 051143 and SW8 050118 Brunswick / Pender County Dear Mr. Everhart: On June 20, 2018, the Wilmington Regional Office of the Division of Fnergy, Mineral and I.,and Resources (DI:;MI,R) received a signed request to transfer the subject state stormwatcr permits for SPEC I,cland and SI'I:;C l3urgaw located in Brunswick and Pender County, respectively.'Ihe documentation submitted with the transfer requests is incomplete. Please provide the following information in order to continue with the processing of your request to transfer this pert -nit: I . A completed, signed and notarized Operation and Maintenance Agreement for each SCM. I have included a copy of the appropriate blank O&111 form for each project. The SW8 051 143 I.,cland facility is a stormwatcr wetland, and the SW8 050118 13urgaw facility is a wet detention pond. 2. ]']case note that the proposed permittee mailing address reported on each transfer application has been corrected to the PO 13ox in New 13ern. `I'hc street address reported on cacti transfer application appears to be the street address of the facility, when it should be the street address of the proposed permittce, if it differs from the mailing address. 3. Ms. Brown, please submit a copy of your power of attorney for Mr. Saucier. Please provide the requested information by August 27, 2018. Within 90 days of receipt of the requested information, the required compliance inspection will be conducted. Please reference the State assigned permit number on all correspondence. If you have any questions regarding this matter, please contact me in the Wilmington Regional Office, at telephone number (910) 796-7215 or via email at linda.lewisnnedenr.c ov. Sincerely, zc� a a .Lea& Linda I.,cwis, L.I. Lnvironincntal Engineer III GDS/arl: G:111Stormwater\Permits & Project_s1200510501 l8 I ID12018 07 addinfo 050118 G:%Stormwatcrll'crmits & Projccts120051051 143 1-11)12018 07 addinfo 051 143 cc: Ann Brown, 110A Ronald Saucier, Current Pcrmittec (via email) WiR0 Stormwater Permit bile StateofNorihCarolina I UO-onmentalQuality I Energy.Minclaland LandResourccs wilmingicrn Rcglonal ofncc I 127 Cardinal Delve Exicnsinn I Wllminglon, NC 28405 Qif► 796 7215 1'ennit Number:.SW? USI Iq 3 (to be provided by DLVQ Drainage Area Number: I _^ Stormwater Wetland Operation and Maintenance Agreement I will keep a maintenances, record on this 13MP. This maintenance record will be kept in a lop, in a known set location. Any deficient BMP elements noted in the inspection. will be corrected, rc;pairc,d or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, anti the removal efficiency of the IMP. Important maintenance procedures: . — Immediately following construction of the stormwater wetland, bi-weekly inspections will be conducted and wetland plants will be watered bi-weekly until vegetation becomes established (commonly six weeks). — No portion of the stormwater wetland will be fertilized after the, first initial fertilization that is required to establish the wetland plants. — Stable groundcover will be maintained in the drainage area to reduce the sediment load to thr, wetland. — Once a year, a dam safety expert should inspect the embankment. After the stormwater wetland is established, I will inspect it monthly and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems thatare found shall be repaired immediately. BMP ele►nent: Potentialproblem: How I will remediate theproblem: Entire: BMP Trash/debris is present. Remove the trash/debris. Perimeter of wetland llroas of bare sail and/or erosive Regracle the soil if necessary to remove the gullies have formed. golly, and than plant a };round cover and water until it is established. Provide limp and a one-time fertilizer application. T Vegetation is too short or too long. Maintain vegetation at an appropriate hei8ht. Inlet device: pipe or Swale The pipe is clogged (if applicable). Unclog the pipe. Dispose of the, sedinimil. offsite. The pipe is cracked or otherwise, Replace the pipe. damaged (if applicable). lirosion is occurring in the swale (if Rograde the swale if necos,sary to smooth applicable). it over and provide erosion control devices such as reinforced turf nmttirg or riprap to avoid future problems with erosion. f'orin SW40 i -Wetland O&M-Rev.4 l'agc I of 3) k'crrnit Nerrnbcr: (to be provided kV IJWQ) BMP.element: Potentialproblem: How I will remediate theproblem: Eorebay Sediment has accumulated in the Search for the source of the sediment and forcbay Loa depth that inhibits the remedy the problem if passible:, Remove forcbay from functioning well. the sediment and dispose of it in a IocaLion where it will not cause impacts to streams or the l3MP. Erosion has occurred. Provide additional erosion Protection such as reinforced turf matting, or riprap if needed to prevent future erosion _problems. Weeds are present. Remove the weeds, prc;fc;rably by hand, If a pesticide is used, wipe it on l.hc plants rather than spraving . Consult a professional to remove and Deep pool, shallow water Algal growth covers over 50% of the and shallow land areas deep pool and shallow water areas. control the alai growth. _ Cattails, phragm[Lus or other invasive: Remove invascves by physical removal of' plants cover 50% of the deep pool and by wiping, them with pesticide (do not shallow water areas. spray - consult a professional. _ Unclog, the outlet device immediately. Shallow land remains flooded more than 5 days after a storm event. __-- Plants are dead, diseased or dying,. Determine the source of the problem: soils, hydrology, disease, (lc. hc;mcdy the problem and replace plants. Provide a one-tiinc! fertiliser• application to establish the ground cover if necessary. Best professional practices show that Prune according to best professionaal pruning is needed to maintain optimal practices. Plant health. _ Sediment has accumulated and Search for Lhe source of the sediment and; reduced the depth to 75% of the remedy the problem if possib1c. Remove original design depth of the deep the sediment and dispose of it in a location pools. where it will not cause impacts to streams or the 13M P. Embankment A tree has started to grow on the Consult a dam safety specialist to remove embankment. the tree. An annual inspection by appropriate Make all needed repairs. professional shows Lhat the embankment needs repair. Evidence of muskrat or beaver activity Consult a professional to rernovc muskraLs is present. or beavers. Micropool Sediment has accumulated and Search for the; source of t.ho sediment and reduced the depth to 75% of the remedy the problem if possible. Remove original design depth, the sediment and dispose of it in a location where it will not cause impacts to streams or the 13MP. Outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. + Contact. the NIC Division of Water Quality Receiving water Erosion or other signs of damage have occurred at the outlet 401 Oversight Unit at 919-733-1786. f'orrn S W401-Wctland O&M-Rev.4 Page 2 U 3 Permit Nurnbcr: (io he provided 6), D iVQ) I acknowledge and agree by my signature below that I am responsible for,the performance of the 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. Project name: 13M1' drainage area number: Print name: "l'it.le: Address: Phone: Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of'the subdivision has been named the president. a Notary Public for the State of County of, do herebv certify that personally appeared before me this day of and acknowledge the clue execution of the forgoing storinwalcr wetland maintenance requirements. Witness my hand and official seal, SPAl., My commission expires Form SW401-Weiland O&M-RevA Page 3 of 3 Lewis,Linda From: Lewis,Linda Sent: Wednesday, June 27, 2018 12:00 PM To: 'Ann Brown' Cc: Izeverhart@excel kids.com' Subject: Acknowledgment of Receipt of Stormwater Application SW8 051143 Ms. Brown: The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources received the subject Stormwater Management Permit Transfer application and $505.00 fee (Check #1228) on ,tune 20, 2018. The project has been assigned to Linda Lewis for review. You will be notified if additional information is required. Please be advised that the required compliance inspection of the project will not be conducted until the transfer application documents are complete. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(d)ncdenr.pov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares_-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. I I I M 11111111111111111111111111111 I11 BOOK:4036 PAGE:1315 us`9r sr.au: E H.-VA W 0-1,11-fi fi—lswi[k Ccui::y Re c p' pester a: Oeetlf fir" E . all JUN2 0 2018 BY: -- Ail or a portion of the property herein conveyed does not include the primary residence of a Grantor NOTITLE SF.ARCII HAS BEEN REQUESTED OR PERFORMED INTIIF, PREPARATION OF`IHIS INSTRUMENT. Thevinsirumentwas prepared bylamesA.MacDonald, alieensedNorthCarollnaatrarney. Delinqueniiaxes,ifany, art to be paid by the closing attorney to Brunswick County Tax Collector. (Excise Tax) Recording time, Book and Page Tax Parcel No. 038BCO28;11XR13Gff 03�4Co2S� 4"U"26; 038GC031 Prepared Hy: James A. MacDonald, Attorney, The MacDonald lAw Firm, PLI.C, 1508 Military Cutoff Road, Suite 102, Wilmington, North Carolina 28403 Grantor: Grantee: Ronald E, Saucier Excel Leland Properties, LLC 165 Vision Drive Attn: Kimberley R. Ipock, Manager WihniV. on NC 28403 4149 Dr MI, King It Blvd New Bern NC 28562 STATE OF NORTH CAROLINA NON -WARRANTY DEED COUNTY OF BRUNSWICK THIS DEED, made this day of March, 20i8, by and beiween RONALD F. SAUCIER, unmarried, Grantor, and £XCEI, L£LAND PROPERTIES, LLC, a North Carolina limited liability company. 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- WITNESSETII: THAT the Grantor, fora valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, its successors and assigns, all that certain lot or parcel of land situated in the County of Brunswick State of North Carolina, and more particularly described as follows: SF.E ATTACHED EXHIBIT A INCORPORATED 11f;REIN AS IF FULLY SET OUT BY REFERENCE Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. TO I AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple and has the right to convey the same in fee simple, that title is marketable and free and clearofall encumbrances, except unpaid ad valorem taxes nos currently due, any casements or restrictions of record applicable to the property, any governmental or ordinances or building codes applicable to the property, if any. Submitted electtonically by Howard, Stalkngs, From, Hutson, Atkins, Angell, Davis, P.A. in compliance, with North Carolina statutes govetrin and the terms of the submitter agreement with the Brunswick County Register of Deeds, BOOK:4036 PAGE:1316 08137Una1 na2E pe z a. Bin+rfa A+. Cr.narons 9nswrt1. Co -my Rrpist<ror heeds IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year First above written. _ _.LD AI_, RC1?�ALD r„ SAUCIER, unmarried By: Ann S. Brown, Power of Attorney STATE OF NORTH CAROLINA COUNTY OF NE-1W IIANOVER 1,��Y1 Q-'K , a Notary Public in and for the State and County —LA6L aforesaid, do hereby certify that N ' S. BROWN, Attorney -in -Fact for RONALD E. SAUCIER„ personally appeared before rre this day and being by me duly sworn, says that he executed the foregoing instrument op. and in behalf of RONALD E. SAUCIER and that her authority to execute and acknowledge said instrument is contained in an instrument that was duly executed, acknowledged and recorded in Book 5573 at Pages 1198-1201 on July 8, 2011, in the New Hanover County Register of Deeds Office; and thai this instrument was executed under and by virtue of the authority given by said instrument granting her Power of Attorney; and that the said ANN S. BROWN acknowledged the due execution of the foregoing instrument for the purposes therein expressed for and in behalf of said RONALD E. SAUCIER. WITNESS my hand and notarial seal, this the day o . arch, 2018. Notary Public My Commission Expires: b. 1-3-dodo NOTARY PUBLIC �II' I'II�I fl�1l IIIIIII� III �I'III� �II BOOK:4036 PAGE:1317 aszas°uui Pape 3 0. 4 BieaA.. ti. ❑enunous RiunxrmA Caunsr Repn3er e! 6eecs EXIIIB1 A BENNG all of Lots 5, 7 & 9 as shown on that map entitled "Lou 5-9 — Clairmont Section B Recombination Plat" recorded in Plat Cabinet 34, Page 252, Rrunsa-ick County Registry and being the same property as described as follows: LOT' 9. MAP BOOK 34 PG 252: BEING A CERTAIN PARCEL OR TRACT OF LAND IN THE TOWN OF LELAND, NOR'1'WMEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALL OF LOT 9 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLAIR:\MONT SECTION B-RECOMBINATION PLAT'' RECORDED IN MAP BOOK 34, PAGES 252 OFTHE BRUNSWICK COUNTY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUN`IS' PIN 3107-06-47-4738, BEING FURTHER DESCRIBED AS FOLLOVI'S: REGINNIIN'G AT AN IRON PIPE FOUND ON TE IE NORTHERN MARGIN OF NC HIGIIWAY 17/74/76 BEING NORTH 14027'19" EAST A DISI'AINCE OF 59.88' FROM A N'CDOT RIGHT-OF-WAMONUMENT, THENCENORT'H 100134V EAST A DIST:AINCE OF 590.52' TO AN IRON PIPE FOUND; TIIENCE WITHTHE LANTI) OF 7110MAS FRANKLIN (DEED BOOK 847, PAGE 511) THE FOLLOWING FIVE (5) COURSES; SOUTH 51°42'49" EAST A DISTANCE OF 113.88' TO AN IRO;` PIPE FOUND: SOUTH 84"34'41" EAST A DISTANCE OF 99.21' TO AN IRON PIPE FOUND; SOUTH 45°23'58" EAST A DISTANCE OF 89.50' TO AN IRON PIPE FOUND; SOUI'H 07022'21" EASTA DISTANCE OF 102.80' TO AN IRON PIPE FOUND; SOUTH 55°27'28" EAST A DISTANCE OF 104.90" FO AN IRON PIPE FOUND; THENCE WET H LOT 5 OF ;NAP BOOK 34, PAGE 252 SOUI'11 10°1 T51" WEST A DISTANCE OF 109.19' TO AN IRON ROD SET- THENCE 4\'ITII LOT 7 OF MAP BOOK 34, PAGE 252 T'IIT FOLLOWIITIG Six (6) COURSES; SOUTH 74-26'21" 'WEST A DISTANCE OF 187.98' TO AN IRON ROD SET; NOR"111 1 S 33'39" WEST A DISTANCE OF 27.50' TO AN IRON ROD SPT; SOUTH 74°26'21" WEST A DISTANCE OF 40,00' TO AN IRON ROD SET; SOUTH 15°33'39" EAST A DISTANCE OF 27.50' TO AN IRON ROD SET; SOUTH 74°26'21" WEST A DISTANCE OF 85.94' TO AN IIZON ROD SET; SOUTH 15034704" EAST A DISTANCE OF 46.10' TO AN LRON ROD SET ON T'HE RIGHT OF WAY OF THE HIGH WAY; THENCE SOUTH 74°26'23" 'WEST A DISTANCE OF 152.36' TO AN IRON PIPE FOUND \i'IIICII IS THE POINT OF BEGINNIN(j. HAVING ANT AREA OF 144,572 SQ. FT. OR 3.319 ACRES MORE OR LESS, AS SHOWN ON 'THAT SURVEY LNTTrFLED "ALTA/NSPS SURVEY FOR: I I l THO,\MAS GA RST LANE LOTS 5,7 & 9 - PB 34, PG 352" DATED MARCH 28, 2018 BY PARAMOUITE ENGINEERING. LOT7 MAP 1300K 34 PG 252: BEING A CERTAIN PARCEL OR TRACT OF LAND LN THE TOWN OF LELAND, NORTHWEST TOW`NSHEP, BRUNSWICK COU`N-S', NORTH CAROLI.NA BEING FLIRT HE-R DESCRIBED AS BEING ALL 01; LOT 7 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLA WONT SECTION B-RECONUMNATION PLAT" RECORDED 1N MAP 1300K 34, PAGES 252 OF THE BRUNSWICK COUNTY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-4595, BEING FUTRTHER DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD SET ON THE NORTHERN MARGIN OF NC HIGHWAY 17/74/76 BEING NORTH 7402623" EAST A DISTANCE OF 152.36' FROM AN IRON PIPE FOUND BEING TIIE SOUTHWESTERN CORNER OF LOT 9 AS SIIO\k N ON MAP BOOK 34, PAGE 252; TIIENCE WITH LOT9 OF MAP BOOK 34, PAGE 252THE FOLLOWING SIX (6) COURSES; NORTH 1594'04" WEST A DISTANCE OF 46.10' TO AN IRON ROD SET; NORTH 74°26'21" EAST'A DISTANCE OF 85.94' TO AN IRON ROD,SET; NORTH 15°33'39" WEST A DISTANCE OF 27.50' TO AN IRON ROL) SEI; NORTH 74°26'21" EASTA DISTANCE 01' 40.00' TO AN IRON ROD SEsI'; SOUTH 15033'39" EAST A DISTANCE OF 27.50' TO AN IRON ROD SI F; NORTH 74°26'21" EAST A DISTANCE OF 187.98' TO AN IRON ROD SET ON THE BOUNDARY 01, LOT 5 OF THE AFOREMENTIONED MAP;'I`HENCE WITH SAID LOT 5 SOUTH 10'17'53" WIiST A DISTANCE OF 51.23' "l'O AN IRON ROD SET ON THE NORTHERN MARGIN ON NC HIGIRVAY 17/74/76; THENCE %\TFH SAID MARGIN SOUTH 74'26'21" WEST A DISTANCE OF 291.5T TO AN IRON ROD SET \1'HICH IS THE POINT OF BF..GINTNING. HAVING AN AREA OF 15,057 SQ. FT. OR 0.346 ACRES MORE OR LESS, AS SHOWN ON T'IIAT SURVI Y ENTITLED "ALTA/NSPS SURVEY FOR: III THOMAS GARS']' LANE PPAB 41€4353vi BOOK:4036 PAGE:1318 08J28'3TOC'B r Pap. GVa &rn1a ti^ Crin Woos gwuswrt4 01 Co,nnY 0.egn+rr o! Oeers LOTS 5,7 & 9 -- PB 34, PG 352" DATED MARCH 28, 2018 BY PARAIv10UNTI-, ENGINEERING. LOT 5, MAP 1300K 34, PG 252: BEING A CERTAIN PARCEL OR TRACT OF LAND IN T'1-lE TOW\' OF LELAND, NORTHWEST TOWNSHIP, BRUNSMCK COUNI'1', NOW11i CAROLINA BEING FURTHER DESCRIBED AS BEING .ALL OF LOT 5 AS DEPICTED ON THAT MAP UNTITLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLA'I"' RECORDED IN MAP BOOK 34, PAGES 252 OF THE BRUNS119CK COU;N"]''r' REGISTER OF DEEDS AND FURTHER DESIGNATED AS 13RUNSWICK COUNTY PIN 3107-06-47-6696, BEING FURTHER DESCRIBED AS FOLLOWS: BEGLNNING AT AN IRON PIPE FOUND ON THE NORTHWESTERN CORNER OF LOT 5 AS SH011'N ON MAP BOOK 34, PAGE 252 AND BEING T'HE FAS'TEI N MOST CORNER OF LOT 9 OF THE MAP. BEING SOUTH 55027'28" EAST A DISTANCE OF 104.90' FR0111 AN IRON P113E FOUND BEING A CORNER OF LOT 9 AS SHOZVN ON MAP BOOK' 4, PAGE 252; TIf-`NCE `VITH THE LANDS OF TTIOMAS FRANKLIN (DEED BOOK 847, PAGE 511) THE FOLLOWING MO (2) COURSES; NORTH 8100417" FAST A DISTANCE OF 34.24 'TO AN LRON PIPE FOUND; SOUTH 31°56'01" EAST A DISTANCE OF 102.08 'TO AN IRON' ROD SET; T'fIENCE SOUTH 1 I ° l 0'41" W EST A DISTANCE OF 47.55 'TO .AN IRON ROD SETT ON THC NOR'17IEERv MARGLN OF NC HIGHWAY 17/74/76; '['HENCE WITH SAID MARGEN SOUTH 74°26'21" WEST A DISTANCE OF 111,3670 AN IRON ROD SET; THENCE WITH LOT 7 OFMAP BOOK 34, PAGE 252 NORTH 1001751" EAST A DISTANCE OF 51.23 TO AN IRON ROD SET; TI-ENCE WITH LOT 9 OF IMAP BOOK 34, PAGE 252 NOW11-1 l 0.1 T51 " EAST A DISTANCE OF 109.1970 AN IRON PIPE FOUND 1 IiI1CH IS THE POfNT OF BE'GI\-NING. I IAVINTG AN AREA OF 12,070 SQ. FT. OR 0.277 ACRES MORE OR LESS, AS SHOWN ON TTLAT SURVEY ENTITLL'•D "ALTA/INSPS SURVEY FOR: 111 T'HO-17AS GARST LANE LOTS 5,7 & 9— E'13 34, PG 352" DATED MARCH 28, 2018 BY PARAMOUNTE ENGI-NEERI G. TOGETHER WITH a perpetual right and easement of egress, ingress, and regress over that 30' access easement as shown on that Deed of Easement recorded in Book 1061, Page 862, Brunswick County Registry. Parcel ID - i:038BCO25 (Lot 9) Parcel ID - #03813C031 (I,ot 7) Parcel IT) - #038BCO28 (Lot 5) PPAB 4184353v; Ga[ IS]96 34[23e x5 O3l30110a6 21. x4:lla 1 a(�%%j Legend Site ✓„ s s�s,� . Certificate of Registration. by he Register of Deeds u I 1 I!j r ..er[ilicate of Ownership and Oedi<e;ion / General N�tes: . heeemv te, a ] 2. r.tm i.wt aee: 3.9.2 •L oe. •s pr9a. rso , Vicinity Map �( w4Nl ., ec wN^.�ev or, US Hwys. i7 74 70" (Peon 9/w) Lots 91 — Clairmont Section B Ron E. Souder TY1ttUfl `" 765 Ysior. Drive Town ` Le cnd / Br nswick County / North Carolina Wilmington, NC 28403 Recombination Plat SOS1D: 1669168 Date Filed: 2/21/2018 8:13:00 AM Elaine F. Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C2018 046 00979 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: Excel Leland Properties, LLC (See Item Iof the Instructions for appropriate entity designation) The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both by checking A applicable boxes.) Note: This document must be signed by all persons listed. Name Beth F. Atkins Business Address P.O. Box 975, New Bern, NC 28563 Capacity ❑Member DOrganizer ❑Member ❑Organizer ❑Member ❑Organizer 3. The name of the initial registered agent is: Kim [pock 4. The street address and county of the initial registered agent office of the limited liability company is: NumberandStreet 4149 Dr M L King Jr. Blvd. City New Bern state: NC Zip Code: 28562 County: Craven 5. The mailing address, if different from the street address, of the initial registered agent office is: Number and Street P.O. Box 12886 City N ew Bern State: NC Zip Code: 28561 County. Craven 6. Principal office information: (Select either a or b.) E C E Q V E a. R The limited liability company has a principal office. JUN 2 0 2018 The principal office telephone number: 252-288-5181 P� The street address and county of the principal office of the limited liability company is: Number and street: 4149 Dr M L King Jr. Blvd. City: New Bem State: NC Zip Code: 28562 County: Craven BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 The mail inz address, if different from the street address, of the principal office of the company is: Number and Street: P.O. Box 12886 City: New Bem State: Nc Zip Code: 28561 b. ❑ The limited liability company does not have a principal office. County: Craven 7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. 8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the creation document. Name Title Business Address See attached for listing of Company Officials 9. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: This is the 14th day of February , 2018 Signature Both F. Atkins, Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item #2 above. Signature Type and Print Name and Title Signature Type anU Print Name and Title NOTE: 1. Filing fee is $125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 Listing of Company Officials: NAME TITLE BUSINESS ADDRESS Kimberley R. 1pock Manager �'-John Zachary Everhart Manager Wendy T. Stallings Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 OMB NO.2502-0265 it A. U.S, DEPARTMENT OF HOUSING&, URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1,❑FHA 2.[]FmHA 3.[]CONV. UNINS. 4.E]VA . 5.E]CONV.INS. 6. FILE NUMBER: 52173.001LELAND 7. LOAN NUMBER: 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement oosts. Amounts paid to and by the settlement agent are shown, Items marked "[POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER: EXCEL LELAND PROPERTIES, LLC 4149 DR M L KING JR. BLVD. NEW BERN, NC 28562 E. NAME AND ADDRESS OF SELLER: RONALD E. SAUCIER F. NAME AND ADDRESS OF LENDER: WELLS FARGO BANK, N.A. G. PROPERTY LOCATION: 111 THOMAS GARST LANE LELAND, NC 28425 BRUNSWICK County H. SETTLEMENT AGENT: 56-1389127 Howard,Stallings,From,Atkins,Angell & Davis, PA I. SETTLEMENT DATE: March 29, 2018 Disburse:04102118 PLACE OF SETTLEMENT 2918 Trent Road New Bern, NC 28562 J. SUMMARY OF BORROWER'STRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 1,272,824.00 401. Contract Sales Price 1,272,824.00 102. Personal Property 861,533.00 402. Personal Pro er 861,533.00 103. Settlement Charges to Borrower Line 1400 10,310.50 403. 17TH STREET PROCEEDS 252 923.74 104. PER -DIEM ON SELLER PAYOFF to TD BANK, NA 357.64 404. SAUCIER, INC. PROCEEDS 116,313.18 105. 405. Adjustments For Items Paid By Seller in advance Adjustments For Items Paid By Seller in advance 106. CI (Town Taxes to 406, Ci frown Taxes to 107, County Taxes to 407. Coun Taxes to 108. PERSONAL PROPERTY to 408. PERSONAL PROPERTY to 109. 409. 110, 410. ill. 411, 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 2,145,025.14 420. GROSS AMOUNT DUE TO SELLER 2,503,593.92 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201, Deposit or earnest monev 501. Excess Deposit See Instructions 202. Principal Amount of New Loans 1,875,000.00 502. Settlement Charges to Seiler Line 1400 865 351.11 203. Existing loans taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first Mortgage to TD BANK, NA . 1,447,921.87 205. 505. Payoff of second Mortgage 206. 506, 207. 507. 1208. SELLER FINANCING 187,500.00 508. SELLER FINANCING 187 500.00 209. 509. Adjustments For Items Unpaid By Seller Adjustments For Items Un aid By Seller 210. Cityrrown Taxes to 510. City/Town Taxes to 211. County Taxes 01/01/18 to 04/03/18 2,776.05 511. County Taxes 01/01/18 to 04/03/18 2,776.05 212. PERSONAL PROPERTY 01/01/18 to 04103/18 19.89 512. PERSONAL PROPERTY 01/01/18 to 04/03/18 19.89 213. 513. 214. 514. 215. h 515. 216. d 516. 217• JUN 7. U 4U10 1 I} 617. WIRE FEE PP PROCEEDS to Howard, Stallings, From. 25.00 218. �.. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 2,065,295.94 520. TOTAL REDUCTION AMOUNT DUE SELLER 2,503,593.92 300. CASH AT SETTLEMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301, Gross Amount Due From Borrower Line 120 2,145,025.14 601. Gross Amount Due To Seller Line 420 2,503 593.92 302. Less Amount Paid By/For Borrower Line 220 ( 2,065,295.94) 602. Less Reductions Due Seller Line 520 { 2,503,593.92 E3O3. CASH ( X FROM) ( TO) BORROWER 79,729.20 603. CASH ( TO) ( FROM) SELLER 0.00 POW2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ @ % FAJD FROM BORROWERS FUNDSAT SETTLEMENT FAM FROM SELLERS FUNDSAT SMLEMF,NT Division of Commission (line 700) as Follows., 701. to 702. to 703. Commission Paid at Settlement 704. to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. BANK LOAN FEE to WELLS FARGO BANK, N.A. POC:66000.00 809. 810. 811, 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days %) 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for 1.0 years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance months per month 1002. Mortgage Insurance months a $ per month 1003. City/Town Taxes months @ $ per month 1004, County Taxes months @ $ eer month 1005. PERSONAL PROPERTY months @ $ per month 1006. months a $ per month 1007, months @ $ per month 1008, months @ $ Eer month 1100. TITLE CHARGES 1101, Settlement or Closing Fee to 1102. Abstract or Titie Search to 1103. Title Examination to 1104. &RECORDING FEE to INTTEK 143.50 1105. SELLER ATTORNEY FEES to THE MACDONALD LAW FIRM, PLLC #854 1 287.00 1106. Notary Fees to 1107. Attorneys Fees to Howard,Stallings,From,Atkins,Angell & Davis, PA 3,600.00 includes above item numbers: 1108, Titre Insurance to Investors Titie Company #201852560MC 2,120.00 includes above item numbers.- 1109. Lender's Coverage $ 1,875,000.00 1110. Owner's Coverage $ 2.500,000.00 1111, 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 52.00; Mortgage $ 128.00; Releases $ 180.00 1202. Ci !Coun Tax/Stam s: Deed Mortgage 1203. State TaxlStam s: Excise Tax 2,546.00; Mortgage 2,546.00 1204. SUBORDINATION AGREEMENTS X3 to BRUNSWICK County Register of Deeds 78.00 1205. ASSIGNMENT OF LEASES to BRUNSWICK Countypegister of Deeds 26.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to PARAMOUNTE ENGINEERING #18189.PE-1 4,125.00 1302. Pest ln ection to 1303. UCC RECORDING to NC SECRETARY OF STATE 38.00 1304. PERSONAL PROPERTY to SPECNINE, INC. "SEE NOTES'* 861 488.11 1305, OVERNIGHT FEE (PAYOFF) to UPS 30.00 1400. TOTAL SETTLEMENT CHARGES Enter on Lines 103, Section J and 502, Section K 10,310.501 865.351.11 Certified to be a true copy. "NOTES: PERSONAL PROPERTY SALES PRICE IN THE AMOUNT OF $861,533.00 MINUS $19,89 PERSONAL PROPERTY TAX PRO -RATION MINUS $25.00 WIRE FEE EQUALS DISBURSEMENT IN THEAMOUNT OF $861,488.11 TO SPECNINE, INC. Application Completeness Review Checklist Proja-ut Name: �C (cm_C� _ Date Delivered to WIRO: S �v� "2 ('j BIMS Received/Accepted Date: Lcr� Project County/Location: *RIMS Acknowledged Date: Rules): El2017 Coastal 1-12008 Coastal E3�5 Coastal11 Phase II11 Universal 1988 Coastal Permit Action: New / Major_Mod / Minor Mod / Renewal �nsfer) 7--New Permit #: Permit Type: HD / LD kLD Over 11 / HD &LD Combo JlGxi sting Permit : General Permit / Offsite xempt / Rescission IJ" Cert on File? SCM Type(s): 70ffsite to SWB: Development Type. Commercial / Residential / Other Master PE Cert on File? Subdivided?: Subdivision or Single Lot For New or Transferred Permits Permittee is: Stream Class: roperty Owner(s) Developer FILessee OPurchaser FIHOA 1:1SA Map EIORW Map Paperwork Emailed Engineer on: 11Suppiement(s) (1 original per BMP) FlO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) MAf-plication with correct/original signatures Email Address: Design Engineer orp or LLC: Si . Auth. er SoS or Signature Authorization letter or report Ot!f ail Address: Property Owner 0$505 (within 6mo) Check#(s): E]No Fee Deed ❑Soils Report: w/SHWT or General Report Email Address: Lessee Calculations (signed/sealed) Lease Agreement [--]Deed Restrictions, if subdivided: Email Address: Purchaser ❑"Signed & Notarized Template urchase Agreement Correct Template Comm Res & HD LD or Dec. Covenants & Rest. Email Address: Developer Recorded Covenants Email Address: HOA Representative Recorded Plats �50% or more Lots Sold List Project Narrative 7USGS Map Plans ❑2 Sets Wetlands: Delineated or No Wetlands Vicinity Map FlProject Boundaries Legend Layout (proposed BUA dimensions) EIDA Maps Details (roads, cul-de-s; curbs, sidewalks, BMPs, Buildings, etc) Existing Conditions Landscape Plan Grading �PE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet !� "FOR NEW Projects -Enter New Permit # on Supplements & Deed Restiction Templates. 6 PZW3- A) P J'V G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 2018 03 13 GSP CONSULTING LETTEI: ©F Tf'I�NSMITT [ 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28412 (910) 442-7870 FAX (910) 799-6659 To: Christine Nelson NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Fee Check ® Certification COPIES 1 DATE 10L1611 "'"" 2012-0018 ATrENTION Christine Nelson PHONE # RE: SPEC - Leland SW8 051143 ❑ Attached ❑ Under separate cove rvia ❑ 0&M Agreements ❑ Plans ❑ Calculations ❑ ❑ BMP Supplements❑ DESCRIPTION Stormwater Certification THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ® Foryour use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US the following items: ❑ Permit Applications REMARKS: COPYTO: File ❑ Resubmit ❑ Submit ❑ Return copies forapproval copies for distribution corrected prints IV SIGNED: - Gan S.-Pape, P.E. Ifenclasurrs are Hates noted, kindlynoflry us at once RECD 0cr 1. 6 2013 V Nelson, Christine From: Nelson, Christine Sent: Thursday, September 19, 2013 11:07 AM To: 'Garry Pape' Subject: RE: SPEC - LELAND Garry, Thank you so much for your attention to this matter and keeping me informed. I do appreciate it. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Garry Pape fmailto:gpaoe gsp-consulting.coml Sent: Thursday, September 19, 2013 10:37 AM To: Nelson, Christine Subject: RE: SPEC - LELAND Christine, Just to keep you informed all the construction has been completed. I need to go out there one more time to check on everything and then I'll get you the Certification. Thanks. - Garry From: Nelson, Christine fmailto:christine.nelson@ncdenr.gov] Sent: Thursday, September 05, 2013 9:03 AM To: Garry Pape Cc: Lisa Winchell (lisa@speckids.com) Subject: RE: SPEC - LELAND Garry, The provided plan of action indicated construction would be completed by May. If that plan of action changed, an updated one should have been submitted indicating the new timeframe. Would you like the timeframes in your e-mail to be the new plan of action? Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third porties unless the content is exempt by statute or other regulation. From: Garry Pape fmailto:gpapeCaagssp-consultinci.com] Sent: Thursday, September 05, 2013 8:28 AM To: Nelson, Christine Cc: Lisa Winchell (lisa(&s eckids.com) Subject: SPEC - LELAND Christine, What do you need from SPEC on this? The delay in getting started was that it took us a while to get bidding from contractors (nobody wants to bid on small projects these days) and then once we selected a contractor we went out there and the area was pretty wet due to the amount of rain we had in June and July and the fact that the SHWT is pretty close to the surface with the underlying clay layer. I got a call from the contractor today telling me they have started construction today and should be finished by the end of next week. - Garry Nelson, Christine From: Garry Pape Igpape@gsp-consulting.coml Sent: Thursday, September 05, 2013 9:05 AM To: Nelson, Christine Cc: Lisa Winchell (lisa@speckids.com) Subject: RE: SPEC - LELAND Yes please. Also I will keep you informed during the construction process if any other delays are encountered. Thanks. - Garry From: Nelson, Christine [mailto:christine.nelson ncdenr. ov] Sent: Thursday, September 05, 2013 9:03 AM To: Garry Pape Cc: Lisa Winchell (lisafteckids.com) Subject: RE: SPEC - LELAND Ga rry, The provided plan of action indicated construction would be completed by May. If that plan of action changed, an updated one should have been submitted indicating the new timeframe. Would you like the timeframes in your e-mail to be the new plan of action? Christine Email correspondence to and from this address is subject to the North Carolina Public Records [ow and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Garry Pape [mailto: a e s -consultin .cam] Sent:: Thursday, September 05, 2013 8:28 AM To: Nelson, Christine Cc: Lisa Winchell (lisa@spgckids.com) Subject: SPEC - LELAND Christine, What do you need from SPEC on this? The delay in getting started was that it took us a while to get bidding from contractors (nobody wants to bid on small projects these days) and then once we selected a contractor we went out there and the area was pretty wet due to the amount of rain we had in June and July and the fact that the SHWT is pretty close to the surface with the underlying clay layer. I got a call from the contractor today telling me they have started construction today and should be finished by the end of next week. - Garry Garry S. Pape, P.E. GSP CONSULTING, PLLC 6626 Gordon Road Unit C Wilmington, North Carolina 28411 Mobile: 910-442-7870 Fax: 910-799-6659 gpape(a)g_sp-consulting com