SW8050108_Historical File_20190717

THE CUU1PHER GROUP, P.A.
ENGINEERING & SURVEYING SERVICES
July 17, 2019
Ms. Linda Lewis
NCDEQ
127 Cardinal Drive Extension
Wilmington, Forth Carolina 28405
Re: Your letter dated September 6, 2018 and emails since then for Olde Beaufort Village Phases I -IV
and Palmetto Place @ Olde Beaufort Village Phase V- SW8 0000112 SW8 050108
Dear Ms. Lewis,
I have enclosed the proposed restrictive covenant amendment prepared by Richard Stanley, Mercer
Building & Design, Inc. attorney. We would like your concurrence with the document prior to
recording.
We have also provided the Permit Information Update Application Form with the SOS document
merging Mercer Building Company into Mercer Building & Design, Inc. If a request to transfer the
permit was previously submitted to transfer to the HOA please return that package. We will
implement the proper built upon determination prior to resubmitting the transfer request.
An email to me approving the proposed restrictive covenant amendment is satisfactory to us.
Should you do that or have any comments on it, they can be addressed, and the document recorded.
cerely,
4P, BaldD.uRnald D. Cu iphe
Cc:
Richard Stanley
Gary Mercer
Lauren Foshee Cox
HESTRON PLAZA TWO M-
A NC HWY 24 MOREHEAD
CITY, NC 28SS7 (252) 773-
0090

Prepared By Richard Stanley, PO Box 150, Beaufort, NC 28516
STATE OF NORTH CAROLINA
AMENDMENT TO COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
OLDE BEAUFORT VILLAGE
LOTS IN PHASE I AND III AMENDING
RESTRICTIONS ON BUILT -UPON AREA
COUNTY OF CARTERET
THIS AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS is
made this day of 2019, MERCER BUILDING AND DESIGN, INC.,
successor to Mercer Building Company, Inc., Beaufort, NC,herein
"Mercer Building", the Developer of Olde Beaufort Village
Subdivision, Phases I and III; and any and all persons, firms
and corporations owning lots in Olde Beaufort Village, Phases I
and III, or hereafter acquiring any of the lots within these
Phases of Olde Beaufort Village;
W I T N E S S E T H:
WHEREAS, Mercer Building heretofore developed Phases I and
III of Olde Beaufort Village Subdivision as shown on plats
recorded in Map Book 29, page 850 and Map Book 30, page 136, and
did subject the lots to Restrictive Covenants recorded in Book
880, page 325, and the Amendment thereto in Book 944, page 379,
Carteret County Registry and
WHEREAS, Mercer Building in Section IV, Paragraph or
Section 7, in said Covenants recorded in Book 880, page 325,
1

included therein Restrictions on Built -Up Area which were
mandated by the Stormwater Permit issued for the Subdivision by
the Division of Water Quality, North Carolina Department of
Environment and Natural Resources, which remain in effect and
errors were made in Section 7 which the Division of Water
Quality has mandated to be corrected in order to comply with its
rules and regulations;
WHEREAS, the State of North Carolina and the Town of
Beaufort are third party beneficiaries to the Built -Up Area
provisions and have the right to demand corrections and to
enforce the provisions of the Restrictive Covenants;
NOW THEREFORE, in order to provide for the foregoing,
Mercer Building and Design, Inc., do hereby covenant and agree
with all persons, firms or corporations now owning or hereafter
acquiring any lots within Phases I and III of Olde Beaufort
Subdivision as shown on the plats recorded in Map Book 29, page
850 and Map Book 30, page 136, Carteret County Registry, are
hereby made subject to the following amendments to the
Restrictions, covenants, easements, terms and conditions which
shall run with said land and shall be binding on all property
owners within said Subdivision and their successors and assigns,
to wit:
1. RESTATEMENT OF SECTION 7, IN SECTION IV OF THE COVENANTS
"RESTRICTIONS ON BUILT -UPON AREA .
In order to comply with the rules and regulations of the
North Carolina Division of Water Quality (NCDENR) and Stormwater
Permit Number SW8000112, each owner of a lot shall be restricted
to clearing, constructing and using as "built -upon" area not
more than the square footage per lot as shown on the chart
attached as Exhibit B in the Covenants recorded in Book 880,
page 325, applicable to lots in Section 1 ( lots 1-12, 49, 81-
92, and lots 50-56 and 73-80, Phase III, Map Book 29, page 850
and Map Book 30, page 136, inclusive of that portion of the
right of way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate and
coquina, but does not include raised, open wood decking or the
water surface of swimming pools.
These covenants pertaining to Stormwater regulations may
not be changed or deleted without the concurrence of the
Division of Water Quality.
Filling in, piping or altering any 3:1 vegetated
conveyances ( ditches, swales, etc) associated with the
development except for average driveway crossings, is prohibited
E

by any persons. Filling in, piping or altering any designated
5:1 curb outlet swale associated with the development is
prohibited by any persons.
A 30 foot vegetated buffer must be maintained between all
built -upon area and the Mean Highway line of surface waters.
The State of North Carolina and the Town of Beaufort are
hereby designated as third party beneficiaries to the provisions
of this paragraph and Section, and may enforce the same through
proceedings, in law or in equity.
2. AMENDMENTS RECORDED IN BOOK 944, PAGE 379, BOOK 1026,
PAGE 228 AND BOOK 1058, PAGE 38.
Paragraph 3 of the Amendment recorded in Book 944, page 379
is amended to delete the reference to Exhibit D to the Covenants
in Book 880, page 325, and to substitute in place thereof
reference to Exhibit B to the Covenants in Book 880, page 325.
This same error was therefore repeated in the 3rd
Supplemental Amendment in Book 1026, page 228 and the Fourth
Supplemental Amendment in Book 1058, page 38, and these are
further corrected and amended to reference Exhibit B to the
Covenants in Book 880, page 325, as opposed to "Exhibit D".
IN WITNESS WHEREOF, Mercer Building and Design, Inc. has
executed this instrument effective upon recording.
Mercer Building and Design, Inc.
By
Gary A. Mercer President
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public for the County and
State aforesaid, certify that Gary A. Mercer in the capacity of
President of Mercer Building and Design, Inc. personally came
before me this day and acknowledged that in such capacity he
executed said instrument on behalf of said North Carolina
Corporation for the purposes set forth therein.
Witness my hand and official stamp or seal, this the
day of , 2019.
Notary Public
My Commission expires:
3

01/24/2011 11:36 2527281490
MERCER REALTY INC
Stara ofNerth Calroiina
Department of the Secretary of State
ARTICLES OF MERGER
SOSID: 0328926
Date Filed: 1/24/20115:39:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201101300300
Pursuant to North Carolina General Statute Sections 55-11-05(a), 55A-11-09(d), 55A-11-04, 57C-9A-
22(a), 59.73.32(a) and 594072(a), as applicable, the undersigned entity does hereby submit the following
Articles of Merger as the surviving business entity in a merger between two or more business entities.
1. Th name of the surviving entity isZELQ�i t>�tr . a (check one)
[l
M CoTomtion, 13 nonprof�It corporation, [ ] professional corpan�an.11 liability company,
litliitcd partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of
11� ,�`�►LY�1if1Q,VSlrB (stare or country).
2. The address of the surviving entity is:
StnetAddress e.SS\taK1Ci.�. � yBeU R.
State NBIr#h 3`+r13Zip Code aS51:o County
(Complete only if the surviving business entity is a foreign business entity that is not odhorw to
transact baeiness or conduct affairs in North Carolina.) The mailing address of the surviving foreign
business entity is:
The Surviving foreign business entity will file a
statement of any subsequent cbmp in its mailing address with the North Carolina Secretary of State.
3. For arch merging entity: (Ifmore than one, late an S orates and attach.)
The a ofthe merged entity is a (check ow)
�rporation, [ ] nonprofit corporation, [ j professional corporate [I lime I' ity oomptuty, [ 1
lirship, [ ] limited liability partnership organized under the laws oI
/1.. '!be4state or cow0y).
4. If the surviving business entity is a domatio business entity, the text of each amendment, if any, to
the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within
the Plan of Merger is attached.
5. A Plan of Merger has been duly apprmd in the mantle. required by law by cacti of the busiam
entities participating in the merger.
6. nese articles will be effective upon filing unless a delayed date and/or time is specified
This the HIV day of •YUJ & 20� _.
Name of fthyJ
Signatwe _
or Pr am
�'e u d cep �'�� Trtie
1. Filing &e is $50 for Por-protit cntides.
2. Filing fee is $25 for No& roflt enddes.
3. Thin docurmbt must be filed with the Secretory of Stole. Ceraftte(s) ofMarger must be registered purmoot to ft
requirMcnft ofN.C.C,.S. Section 47.1 R.1
(RevissdSeptember 2005) (Form BE.I5)
CORPORATTONR Divl&lON P. O. BOX 29622 RALEIGH, NC 27626.,%22

M-MLK USt UNLY
Date Received Fee Paid Permit Number
STATE STORMWATER.
PERMIT INFORMATION UPDATE APPLICATION FORM
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current permittee to notify the Division of-
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number: SW8 050108
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
❑ Corporation Name'
® Permit Contact Name2.3
Gary Mercer
® Permit Contact Title
President
® Mailing Address3
106-D Professional Park Dr. Beaufort NC 28516
® Phone number
252-7284233
❑ Email address
Provide documentation such as a Name Change / Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 02H .1040(1).
If more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I, Gary Mercer , the current permittee, hereby notify DEMLR that I am making the changes as listed in
Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to test of my knowledge.
Signature: Date: f D- 2 - Z a)
1, ��n r'�[ - Cza.*C��G , a Notary Public for the State of 116 q4
N /
Co�yof , do hereby certify that
AsoVYaredtBefnre me this the 2/1:5 day of t�� , 20 , and acknowledge the due
mecutioon offtthgYorg g instrument. Witness my hand and official seal,
IG 3 '
'Nlry Seal)
Notary Signatur
My commission expires �l V M S - ( 0 5/ 1
(((
Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017

Lewis,Linda
From:
Ron Cullipher <[e-mail]>
Sent:
Tuesday, October 02, 2018 2:10 PM
To:
Lewis,Linda
Cc:
'Gary Mercer'
Subject:
RE: [External] extension request SW8 000112 and SW8 050108
email, 0❑ •-' T.'... h..,i. y;-•.--a..;. _. ..� ... e.�.._._ _----__ _ �.._
Perna! not dick finks or open attacments unless verified. Send ail -suspicious email as an attachment to
THANKYOU
Ronald D. Cullipher, P.E.
The Cullipher Group, P.A.
President
151A Hwy 24
Morehead City, North Carolina 28557
Office 252.773.0090
Fax [phone]
ro n (etc 1pa�;;o m
From: Lewis,Linda <[e-mail]>
Sent: Tuesday, October 02, 2018 1:35 PM
To: Ron Cullipher<[e-mail]>
Cc:'Gary Mercer' <[e-mail]>
Subject: RE: [External] extension request SW8 000112 and SW8 050108
We're all fine, thank you. We didn't lose anything that can't be repaired or replaced.
In the interest of getting this resolved in a timely manner, I can grant a 2 week extension to October
14, 2018.
Linda
From: Ron Cullipher <[e-mail]>
Sent: Monday, October 01, 2018 2:04 PM
To: Lewis,Linda <lind?.lr wis_@ncdr:nr.gov>
Cc:'Gary Mercer' <aa; m @r-oercei-realtyinc.r:om>
Subject: [External] extension request SW8 000112 and SW8 050108
)al email. D❑ not click finks or open attachments unlessd all suspicious email as an attachment to
Good afternoon Linda, I hope you and your family are well after the storm. Please see the attached extension request,
thanks ,ron
Ronald D. Cullipher, P.E.
1

THE CULLIPHER GROUP, P.A.
ENGINEERING & SURVEYING SERVICES
October 1, 2018
Ms. Linda Lewis
NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Your letter to Mercer Building & Design dated September 6, 2018 concerning Olde Beaufort
Village Phase I -IV and Phase V
Dear Ms. Lewis,
I have received a copy of your letter to Mr. Mercer concerning various deficiencies for the
projects listed above. With the delays experiences with respect to Hurricane Florence and that the
two projects are in varying stages of archive, I would like to request a two week extension on the
behalf of Mr. Mercer so I can research the items described and provide an appropriate response.
Please advise at your earliest convenience.
cerely,
y
Ro Id D. Cullipher, R.E.
Cc: Gary Mercer
HESTRON PLAZA TWO 151-
A NC HWY 24 MOREHEAD
CITY, NC 28557 (252) 773-
0090

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLAM E. (TOBY) VINSON, JR
Interim Director
September 6, 2018
Mercer Building & Design, Inc.
ATTN: Gary Mercer, President
106-C Professional Park Drive
Beaufort, NC 28516
NORTH CAROLINA
Environmental Quality
Subject: Olde Beaufort Village Phases I -IV and
Olde Beaufort Village Phase V
State Stormwater Management Permit Nos. SW8 000112 and SW8 050108
Low Density Subdivision with a Curb Outlet Swale System
Carteret County
Dear Mr. Mercer:
On May 25, 2017, the Division sent you 2 letters outlining the file review inspection deficiencies that
were identified for each of the subject stormwater projects. You provided separate responses on June
5; 2017 for the SW8 000112 project (Olde Beaufort Village Phases 1-4) and for the SW8 050108 project
(Beaufort Village Phase 5, platted as Palmetto Plantation at Olde Beaufort Village). Thank you for
providing the requested Permit information Update form for each project with your correct owner
name and mailing address. Those changes have been made in the database.
The Division followed up your response with another letter on August 18, 2017 and -received some of
the requested information on September 18, 2017. Unfortunately, each of these projects is still not in
compliance with their current permit.
Please address the outstanding deficiencies for the SW8 000112 project (Phases I -IV):
1. The Town of Beaufort has not agreed to assume the maintenance responsibility for the swales
in this project. Please maintain the curb outlet swales, restore the side slopes to 5:1 or flatter,
remove the woody -stem overgrowth and establish permanent vegetation in the swales.
2. The recorded covenants and restrictions for this project still do not contain all of the
statements contained in Section 11.5 of the permit. Items 5b, 5c, 5e and 5f have still not been
added as an amendment. Item 5d does not need to be recorded since CAMA has no jurisdiction
here.
3. The supplemental recordings which annexed and subjected the Lots in Phases II -IV to the
original Phase I declaration contain an error. They reference Exhibit D for the per lot BUA
limits, however, the per lot BUA limits in the original recorded document are found in Exhibit
B. Please correct this recording error.
4. Please submit revised velocity calculations for Swale #8. When this swale was originally
approved in 2000, the existing adjacent borrow pit pond was not shown on the plan. The
discharge from that pond was NOT accounted for in the original swale design and may be
causing erosion in the swale due to an increase in the flow velocity.
S. The project has not been certified. It is not enough to say, "to the best of my knowledge, the
project is in compliance." The onus is on you as the permittee to have the necessary
documents in hand so you can state for certain. The fact that the swales need maintenance,
and the deed restrictions are missing required statements or have incorrect statements, are all
indicators that the project is not in com b ce and should not be certified until those items are
resolved.
4��WEQ
6ewiYmniar Fnikamemel mull �/
North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 000112
State Stormwater Permit No. SW8 050108
Page 2 of 2
6. The permit remains with Mercer Building & Design, Inc. and has not been transferred to the
HOA. Please note that under NCAC 02H.1045, the project must be in compliance before the
Division can approve a permit transfer to an HOA.
Please address the outstanding deficiencies for the SW8 050108 (Phase V) project:
1. The Town of Beaufort has not agreed to assume the maintenance responsibility for the swales
in this project. Until the Division approves a request to transfer this permit to a new owner or
to the HOA, it is your responsibility to maintain the curb outlet swales. .
2. The deed restrictions that were submitted only cover the lots in Phase 1 Section 1 of Phase V.
Please provide a copy of the supplemental amendment to annex the remaining lots in Phase 1
Section 2 (Lots 6-20, 26-31, and 34-36) shown on the plat recorded in map Book 31 at Page
474 and subject them to those restrictive covenants.
3. The project name for Phase V has apparently been changed from Olde Beaufort Village to
Palmetto Plantation. This change was not included on the Permit Information Update form that
we received on June 5, 2017.
4. This permit also remains with Mercer Building and Design, Inc. and has not been transferred.
Please be reminded that until you submit the required permit transfer application form and fee with
supporting documentation, to the Division and receive approval from the Division to transfer the
permit, you are required to comply with the terms, conditions and limitations of the Stormwater
Management Permit issued under Title 15A North Carolina Administrative Code 021-1.1000 and North
Carolina General Statute 143-214.7, including the operation and maintenance of the permitted curb
outlet swale stormwater system and the recordation of the deed restriction statements as specified in
the permit. ,
The Division encourages you to comply with your permits and then initiate the transfer of these
permits to the HOA as soon as possible. Failure to respond to this letter, failure to maintain the
stormwater system, failure to submit and/or to record the required deed restrictions are all
considered violations of the permit and/or the general statutes. If these required actions and
documents are not undertaken or submitted to this Office by October 6.2018, then DEMLR staff will
re -inspect the site and may issue a Notice of Violation. If you have any questions, please contact meat
the Wilmington Regional Office, telephone number (910)-796-7215 or via email at
[e-mail].
Sincerely,
R
Linda Lewis, E.I.
Environmental Engineer III
IOGDS\arl: G:\\\Stormwater\Permits & Projects\2005\050108 LD\2018 09 letter 000112
G:\\\Stormwater\Permits & Projects\2005\050108 LD\2018 09 letter 050108
CC: Mark Eakes, Public Works Director, Town of Beaufort (412 Hedrick St. 28516-2019)
Ron Cullipher, P.E., The Cullipher Group
William H. Martin, 307 Franklin Street, Beaufort 28516
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, September 06, 2018 12:12 PM
To: [e-mail]'
Cc: 'Mark Eakes'
Subject: Beaufort Village (SWO 000112) and
Mr. Day and Mr. Eakes:
As discussed yesterday, I have reviewed the files to determine the current status of these projects,
and here are the results of that review:
For SW8 000112 (Beaufort Village Phases 1-4) — on June 5, 2017, Mr. Mercer provided a response
to our May 25, 2017 letter. Mr. Mercer's response indicated that the Town had assumed the
maintenance responsibility for the swales (not true) and he provided a permit update form to address
the owner name and mailing address changes, and he indicated that he was in the process of
submitting a transfer application (not true). To my knowledge, the swales have not been maintained,
the restrictive covenants have not been corrected or amended to address the missing statements, the
project has not been certified and the permit has not been transferred.
For SW8 050108 (Beaufort Village Phase V, now called Palmetto Plantation) — on June 5, 2017, Mr.
Mercer provided a response to our May 25, 2017 letter. The Division's letter asked that the following
information be provided (briefly):
1. Certify the project;
2. Record deed restrictions,
3. Submit the permit information update form to deal with the owner name change and mailing
address change;
4. Submit a transfer application to transfer the permit to the Association.
Mr. Mercer's response was a carbon -copy of the response letter for SW8 000112 and included only a
permit information update form for the owner name and mailing address changes. On August 18,
2017, the Division sent another letter to Mr. Mercer which indicated that the Town had not assumed
the maintenance, and that a copy of the recorded deed restrictions had still not been provided for
Phase V. Mr. Mercer responded on September 18, 2017, with a copy of the recorded deed
restrictions. In reading the recorded deed restrictions I find that only the Phase 1 Section 1 lots shown
on the plat recorded in Map Book 31 at Page 193 were made subject. I am unable to locate a
supplemental amendment that pulled in the lots in Phase 1, Section 2 as shown on the plat recorded
in map Book 31 at Page 474, and subjected them to those restrictive covenants. To my knowledge,
the project has not been certified, a copy of the recorded supplemental declaration for Lots 6-20, 26-
31, and 34-36 has not been submitted, and the permit has not been transferred. A new wrinkle I
discovered today is that apparently, the name of the Phase V subdivision has been changed to
Palmetto Plantation. This was not included on the permit information update form that Mr. Mercer
submitted.
I'll be apprising Mr. Mercer of these continuing deficiencies in a new letter.
Linda Lewis, E.I.

Environmental Engineer III
Division of Energy; Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
iinda.le_AfisCo).ricdenr.cov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington; NC 28405
'Nothing Compares —_-
kA
Email Correspondence to and fronr� address is subject tD the
North Car -Dims Pablic Pf-voids L.aa' and may be di5CIo5e+) fc.; 9,, rd pa: ices.

Carteret County, '\ C Property Record Card
Page 1 of 1
Carteret County
Property Data
Parcel Number: 730608884162000
Inquiry Date: 9/6/2018
DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret
County Tax Office.
Property Info
PARCEL NUMBER:
OWNER:
PHYSICAL ADDRESS
MAILING ADDRESS:
LEGAL DESCRIPTION:
730608884162000
PALMETTO PLANTATION MASTER ASO
0
106C PROFESSIONAL DRIVE
BEAUFORT NC 28516
COMMON AREA / RECREATION AREA
PALMETTO PLANTATION PH.1 SEC.1
DEED REF: 1213-078
PLAT REFERENCE: 31-193
NEIGHBORHOOD: 590026
SALE DATE:
SALE PRICE:
$0
ACREAGE:
0
LAND VALUE:
$2
EXTRA FEATURE VALUE:
$0
Sketches
Photos
Building Info
BATHS:
BEDROOMS:
CONDITION:
EXTERIOR WALLS:
FLOOR FINISH:
FOUNDATION:
HEAT:
ROOF COVER:
ROOF STRUCTURE:
SQUARE FOOTAGE:
YEAR BUILT:
BUILDING VALUE: $0
PARCEL VALUE- $2
https://aregisweb. carteretcountync. gov/PropertyRecordCardIPropertyDetails. aspx?pin=73 06... 9/6/2018

�p� /,I'l L,
MERCER
Building & Design 106-D Professional Park Drive Beaufort, NC 28516 [phone]
September 14, 2017
CERTIFIED MAIL #70151520 0000 2213 6791
RETURN RECEIPT REQUESTED
Linda Lewis, E.I.
NC Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Response to Letter dated August 18, 2017
Old Beaufort Village Phase V
State Stormwater Management Permit Nos. SW8 050108
Low Density Curb Outlet Swale Project
Carteret County
Dear Ms. Lewis,
JEC EIV E
SEP 18 20f 9
BY: -s6u 705010?
The week of September 4, 2017, we received a letter from you dated August 18, 2017, referencing Mr.
Hayden's letter of June 1, 2017 in reply to the Division's May 25, 2017 letter concerning a lack of
compliance of the subject Stormwater Management Permit. I hope that this letter can clear up this
matter.
After the Division's May 25, 2017 letter, Mercer Building & Design, Inc. changed mailing address from
106-C Professional Park Drive, Beaufort, NC to 106-D Professional Park Drive, Beaufort, NC, this change
was noted in the completed Permit Update Form dated June 1, 2017 and included with Mr. Hayden's
June 1, 2017 letter. US Postal Service's regulations delayed our receipt of the Division's August 18, 2017
letter due to it being incorrectly addressed to 106-C Professional Park Drive.
Replying to the issues raised in the Division's letter from May 25, 2017 from an inspection from August
11, 2016,1 submit the following:
1. A lack of recorded deed restrictions for the lots: - Attached is a copy of the Restrictive Covenants
that were filed with the Carteret Country Register of Deeds on March 2, 2007.
2. A lack of a certification from the permittee that the project's Stormwater controls and built -
upon areas are in compliance with the approved plans and specs; - To the best of my knowledge
the subject Stormwater controls and built upon areas are in compliance with the approved plans
and specs.

3. The lack of notification regarding the owner name change due to the corporate merger and the
mailing address change; - This was addressed in the completed Permit Update Form dated June
1, 2017 and included with Mr. Hayden's letter.
4. The permit remains in the name of Mercer Building & Design, Inc. and has not been transferred
to the HOA. - As of this date there is still one lot to be sold by Mercer Building & Design, Inc.
If you have any questions, please contact me, telephone number [phone].
Sincerely,
Gary A. Mercer
President
Enc. Copy of Recorded Deed Restrictions for Palmetto Plantation at Olde Beaufort Village
GAM/ceh
ECEIVE
SEP 18 2017
BY:

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
August 18, 2017
Mercer Building & Design, Inc.
ATTN-. Gary Mercer, President
106-C Professional Park Drive
Beaufort, NC 28516
Subject: Response to 01-June- 2017 Letter
Old Beaufort Village Phase V
State Stormwater Management Permit Nos. SW8 050108
Low Density Subdivision Curb Outlet Swale Project
Carteret County
Dear Mr. Mercer:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On June 5, 2017, the Division received a letter from Mr. Christopher E. Hayden, who signed the letter as
the Controller for Mercer Building & Design, Inc. The letter was in response to the Division's May 26,
2017 letter regarding the results of the August 11, 2016, file review and compliance inspection for Old
Beaufort Village Phase V. The Controller's letter of June 1, 2017 provided a completed Permit Update
Form to update the current mailing address for Mercer Building & Design, Inc.; a statement that the
permittee was in the process of completing the Permit Transfer Application Form (not received yet); and a
statement that the Town of Beaufort had taken over the maintenance of this subdivision's stormwater
system. The Controller's letter failed to address the lack of recorded deed restrictions as one of the
deficiencies listed in the May 25, 2017 letter.
I contacted Mark Eakes, the Public Works Director for the Town of Beaufort. Mr. Eakes stated to me that
the Town has not taken over the maintenance for this project. Please be reminded that until you submit
the required form to the Division and receive approval from the Division to transfer the permit, you are
required to comply with the terms, conditions and limitations of the Stormwater Management Permit
issued under Title 15A North Carolina Administrative Code 02H .1000 and North Carolina General
Statute 143-214.7, including the operation and maintenance of the permitted curb outlet Swale storlwater
system and the recordation of the deed restriction statements as specified in Schedule of Compliance
Condition II.12.
Failure to maintain the stormwater system or to record the required deed restrictions are considered
violations of the permit. If these required actions and documents are not undertaken or submitted to this
Office by September 18, 2017, then DEMLR staff will re -inspect the site and may issue a Notice of
Violation. If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7215 or via email at [e-mail].
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
90GDS\art: G:1\\Stormwater\Permits & Projects\2005\050108 LD12017 08 letter 050108
cc: Mark Eakes, Public Works Director, Town of Beaufort (412 Hedrick St. 28516-2019)
Ron Cullipher, P.E., Stroud Engineering (Morehead City Office)
William H. Martin, 307 Franklin Street, Beaufort, 28516
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina 1 Environmental Quality I Energy, Mineral and Land Resources
Wlimington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
970 796 7W

Lewis,Linda
From: Mark Eakes <[e-mail]>
Sent: Tuesday, June 13, 2017 3:22 PM
To: Lewis,Linda
Subject: town of beaufort
Ms_ Lewis,
Good afternoon Ms. Lewis, I am getting back with you in reference to a email you submitted to the town last week
about the confirmation of town of Beaufort taking over any storm water issues or maintenance of storm water retention
areas for Mercer building, (Gary Mercer), and I wanted to say that no we have not taken over anything for him. I would
like to speak with you in more detail about this if you can call me at your convenience. Thanks
Mark Eakes
Town of Beaufort
Public Works Director
[e-mail]
252-728-7166 office
252-732-4928 mobile
E-Mail correspondence to and from this address may be subject to the North Carolina Public Records Law and shall be
disclosed to third parties when required bythe general statutes. (G.S. 132-1)

MERCER
Building & Design 1 106_10Professional! Park Drive Beaufort, NC 28516 [phone]
June 1, 2017
Linda Lewis, E.I.
NC Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Old Beaufort Village Phase V
State Stormwater Management Permit Nos. SW8 050108
Low Density Curb Outlet Swale Project
Carteret County
Dear Ms. Lewis,
am writing to provide a Permit Information Update information for the subject Permit as requested by
your letter dated May 25, 2017. See the attached completed Stormwater Permit Information Update
Form and Articles of Merger.
Please note that the Town of Beaufort has assumed maintenance of the subject project. We are in the
process of completing the Stormwater Permit Transfer Application Form to complete the transfer.
Sincerely,
Christopher E. Hayden
Controller
Mercer Building & Design, Inc.
EcE,VED
BY:

UMMLK list VMY
Date Received Fee Paid Permit Number
TAT IE STORiiriillrATER:
PIERMIT INFORiYIAT ION UPS D4.TE RPUCI' T ION FORM
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current permittee to notify the Division of.'
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project; and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. iNiE ill PERI IT INFORIVIATION
State Stormwater Permit Number:
ECEIVE
JC#N 0 5 21.11 '.
Are you updating
(check all that apply):
If so, please provide the updated information: BY.
❑ Project name
® Corporation Name'
Mercer Building & Design. Inc
❑ Permit Contact Name2 ,3
❑ Permit Contact Title
® Mailing Address3
106 Professional Park Drive, Suite D. Beaufort, NC 28516
❑ Phone number
❑ Email address
Provide documentation such as a Name Change / Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NQAC 02H .10400 ).
If more than one point of contact or mailing address is being changed, please attach a separate sheet
I, Gary A. Mercer. President , the current permittee, hereby notify DEMLR that I am making the changes as listed in
Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to the best of my knowledge.
Signature: I Date: I e I
I, ` 6 ken /�[ . if J `-� , a Notary Public for the State ofA(DkVA A i CL ,
County of C,CPf�il��i' , do hereby certify that 6-2,-14
per app before me this the _� day of �Tj�%?.� , 20=, and acknowledge the due
.e tion of the fo rr9 instrument. Witness my hand and official seal,
1.
(Notary eal
C) armor. C:
My commission expires LOL t
Stormwater Permit Information Update Form Page 1 of 1 May 11, 20 i 7

4711 Z41 Y4711 1l : 4b ;dtz (zU14yb MWE,R REALTY INC SOSEN 0328926
Date Filed: 1/24/20115:39:00 PM
Elaine F. Marshall
State ofNorth Carolina North Carolina Secretary of State
Aepartmerst of the Secretary Of Stale C201101300300
ARTICLES OF MERGER
Pursuant to North Carolina General Statute Sections 55-11.05(a), 55A-11.09(d), 55A•11.04, 57C-9A-
22(a), 59.73.32(a) and 59-1072(a), as applicable, the undersigned entity does hereby submit the following
Articles of Merger as the surviving business entity in a merger between two or more business entities.
1. Th name of the surviving entity is G a (check one)
[corporation, [ ] nonprofit corporation, [ ] professional corpo on, ] lkWW liability company, [ ]
limited partnership, [ ] partnership, [ ] limited liability partnership organized under the laws of
11iok7 jo `pr=1% (slate or country).
2. The address of the surviving entity is:
Street Address
State ,-,—Zip Cod e'.2INS fc County
(Complete only if the ssavtving business entity 4 a foreign business entity that is not aWhoriaed to
transact business or conduct hairs in North Carolina.) The mailing address of the surviving foreign
business entity is:
. The Surviving foreign business entity will file a
statement of any subsequent change in its mailing address with the North Catolina Secretary of State.
3. For mr,,b merging entity: (if mare than one,
co—arate sheet and attach)
Tice a of the merged entity isMs
a (check one)
rpamtion, [ ] Wnpro#it corporation, [ ] professional corporati [ ] limi I' ity company, [ j
lic�it pa p. rship, [ ] limited liability partnership organized under the laws of
ll.. /iXstate or country).
4. If the surviving business entity is a domestic business entity, the text of each amendment, if any, to
the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within
the Plan of Merger is attached.
5. A Plan of Merger has been duly approved in the manner required by law by each of the business
entities participating in the merger.
6. These attieles will be effective upon filing unless a delayed date and/or time is specified
This the %O day
WrIES:
1. Fi11ag fee is $50 for Fonpmflt entities,
2. Filing fee is S25 for Non-proflt entities.
3. This documbnt must bo filed with the Sewatwy of State.
requirmonts of N.C.G.S. Section 47.1 S. i
Name of E.1ity
pe or Print Name a d 7'irte
Certificate(s) of Merger must he registered p nuont to tbo
(Revised September2005) (Fa m B1r15)
CORPORATTOM, DTViRTON P. O. BOX 29622 RALE1011, NC 27626.0622

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PAT McCRORY
Governor
DONALD R. VAN DER VAART
' Secretary
Energy, Mineral & TRACY DAVIS
Land Resources Director
ENVIRONMENTAL QUALITY
September 1, 2016
Gary Mercer, President
Mercer Building and Design, Inc.
106-C Professional Park Drive
Beaufort, NC 28516
Subject: Notice of File Review Inspection Request for Additional Information
Old Beaufort Village Phase V
State Stormwater Management Permit No. SW8 050108
Carteret County
Dear Mr. Mercer:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
On August 11, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Old Beaufort Village Phase V located off Professional Park Drive at
Tradd Street, in Beaufort, Carteret County, to determine the status of compliance with the State
Stormwater Management Permit Number SW8 050108 issued to you on January 25, 2005. DEMLR file
review and site inspection revealed that the following information is needed in order to comply with the
permit requirements. Please find a copy of the completed form entitled "Compliance Inspection Report"
attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following information must be provided:
1. Schedule of Compliance 11.7 - The permittee must certify that the proj ect's stormwater controls
(the curb outlet swales) and built -upon areas (lots, streets, and sidewalks) have been constructed
within substantial intent of the approved plans and specs.
2. Schedule of Compliance H.10, IL 12 and II.14 — The permittee shall record deed restrictions prior
to the sale of any lot. The permittee shall record the statements found in Schedule of Compliance
Condition Il.12(a)-(1) of the permit. The permittee shall submit a copy of the recorded deed
restrictions to the Division within 30 days of recording. To date, the permittee has not submitted
a copy of the recorded deed restrictions.
3. General Condition III.8 - The permittee shall notify the Division of any name, ownership or
mailing address changes within 30 days. The permittee changed their mailing address in 2006,
and merged the original permittee development company, Mercer Building Company with
Mercer Building and Design, Inc„ in 2011, but did not notify the Division of these changes.
Please submit a Permit Update form to update the merged company name and mailing address.
4. General Condition III.5 - The permit is not transferrable to any person or entity except after
notice to and approval by the Director. If you want to transfer this permit to the. HOA, you must
submit a formal request to the Division along with any required fee, supporting documentation as
per SL 2011-256 and the appropriately completed and signed Name/Ownership Change Form.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405
9107%7215

State Stormwater Permit No. SW8 050108
Page 2 of 3
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. These forms are available on our website
at: litti)s:Hdeci.nc.izov/about/divisions/ener ryy-mineral-land-resources/eiiers;y-mineral-land-
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part, except for individual lot conveyances which are made subject to the recorded deed
restrictions as listed in the permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings or filing for bankruptcy;
d. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up, which may include continuing the business of the LLC for a period of time. The LLC's
assets [which include the stormwater management permit] shall be distributed and the liabilities
shall be discharged, as provided in NCGS 57D-6-08(2).
e. A name change of the owner / permittee;
f. A name change of the project;
g. A mailing address change of the permittee;
The requirements to transfer a permit from the original permittee to the HOA or POA under Session Law
2011-256 include:
1. The subdivision was made subject to the requirements of Chapter 47F, aka the Planned
Community Act.
2. The permittee has submitted a completed and signed HOA Permit Transfer document, which
requires only the signature of the original permittee;
3. The permittee has submitted a copy of the recorded deed conveying the common areas of the
subdivision to the Association;
4. A determination by the Division that the project is in compliance with the permit. This
determination must be made in writing no more than 90 days prior to the transfer. Documents that
the permittee needs to submit in order for the Division to make that determination of compliance
include:
a. A copy of the designer's certification for any permitted BMP's;
b. A copy of the recorded deed restrictions containing all of the permit -required statements,
including the BUA limit for each lot;
c. Verification that the permitted maximum built -upon area per lot has not been exceeded.
The permittee's review records, tax records and lot surveys can be used for this;
d. A copy of the recorded subdivision plat documenting the number of lots and the locations
of all required drainage easements and maintenance access easements, in accordance with
the permitted maximum number of lots and the easement locations shown on the
approved plans;
e. Verification that more than 50% of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance are acceptable. Where there are many lots,
the permittee may create a chart listing the lot number, lot address, owner's name,
conveyance date and deed book and page number.
Please be advised that until you submit the required Name/Ownership Change Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit issued under Title 15A North Carolina
Administrative Code 02H .1000 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by November 1, 2016, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 127 Cardinal Drive Extension Nfilmington. NC 28405
910 796 7215

State Stormwater Permit No. SW8 050108
Page 3 of 3
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at linda.lewis@.ncdenr.eov.
Sincerely,
A01Yvn4+Fi�
Linda Lewis, E.I.
Environmental Engineer III
Enc: Compliance Inspection Report
`07 GDS\arl: \\\Stormwater\Permits & Projects\2005\050108 LD\2016 08 CEI_addinfo 050108
cc: Ron Cullipher, P.E., Stroud Engineering (Morehead City Office)
William H. Martin, 307 Franklin Street, Beaufort, 28516
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office i 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7715

Lewis,Linda
From: Lewis,Linda
Sent: Monday, August 08, 2016 10:14 AM
To: [e-mail]'
Cc: Scott, Georgette; Ron Cullipher
Subject: Olde Beaufort Village SW8 050108 (Ph V)
Mr. Martin:
The Division received your August 4, 2016 email regarding your concerns about the alleged flooding of
Meeting Street within the Olde Beaufort Village subdivision. You allege that the pond within Phase V is not
allowed to be there due to the low densitv stormwater regulations.
This pond appears to be the "borrow pit" pond located within Olde Beaufort Village, SW8 050108 for Phase V.
This is a permitted low density project and the existing borrow pit is noted on our approved plans to be
converted to a "recreational pond". The Division has no jurisdiction over that pond. It was not required or
proposed to be a state stormwater pond. Please note that neither the presence of an "amenity" or flood
control pond within a low density project nor the fact that swales may drain into this amenity pond, are
violations of the rules or the permit and are not a compliance issue.
However, the outlet piping of this recreational pond may have impacted the permitted curb outlet swale
between Lots 27 and 28 in Olde Beaufort Village Phases I -IV (low density permit number SW8 000112). It is
not clear from the approved plan if the pond's outlet structure piping goes under the swale and ends at the
perimeter drainage ditch, or if it empties into the permitted curb outlet swale and is causing a higher flowrate
than the swale was designed to handle.
The Division will inspect the SW8 000112 project and determine what options are available to the permittee
to remedy the outlet piping situation from the "recreational" pond shown on the SW8 010508 approved
plan. The Division has no jurisdiction over the alleged lack of maintenance of this "recreational" pond or the
outlet piping or any flooding issues. However, if the outlet piping is in fact impacting the permitted swale
system in SW8 000112, the Division can require that the swale be restored to design condition and/or
relocated and/or that the outlet piping be taken into consideration as part of the design of that swale to keep
the velocity below 5 fps. At the very least, a revised plan will be needed to show the location, size and invert
of the outlet piping from the recreational pond.
We'll be back in touch after the inspection to let you know what we find out
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.lewis0mcdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28403
1

Compzrts
N. r1a. I
corrr.af,-ondenc- o awof fru,"l- d?.F's -Idros is su ct to tito
0 li L'��, tj6 .
Ncrdi Ca,.roiin a Public Rry-1-00rcys discloseni fc.

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, August 04, 2016 5:47 PM
To: Scott, Georgette
Cc: Christine Hall ([e-mail])
Subject: RE: Olde Beaufort Village
Georgette:
This appears to be the "borrow pit" pond located within Olde Beaufort Village, SW8 050108 for Phase V. This is
a low density project and the pond is noted on our plans to be converted to a "recreational pond". We have
no jurisdiction over that pond. It was not required or proposed to be a state stormwater pond. Even if the
curb outlet swales within 050108 are draining into this pond, it would not be a compliance issue.
However, the outlet piping of this recreational pond may have impacted the permitted curb outlet swale
between Lots 27 and 28 in Olde Beaufort Village Phases I -IV (low density permit number SW8 000112). It is
not clear if the piping goes under the swale and ends at the perimeter drainage ditch, or if it empties into the
swale and is causing a higher flowrate than the swale was designed to handle.
This is easily remedied with a modification or a plan revision to relocate the curb outlet swale or to provide
new swale calculations that take into account the recreation pond discharge and revised plans to show the
location of the pond's outlet piping. Mr. Martin does say something about no piping, but this would not apply
to the pond discharge piping.
I don't see where any regulations or laws have been "grossly" violated, as Mr. Martin suggests. I'll check the
files for a copy of the recorded deed restrictions and have Brian Lambe inspect. I'll write the standard letter
about requesting a transfer of the permits to the HOA. If you would like for me to respond directly to Mr.
Martin, 1 can do that when 1 get back from St. James tomorrow afternoon.
Linda
-----Original Message -----
From: Scott, Georgette
Sent: Thursday, August 04, 2016 2:55 PM
To: Lewis,Linda <[e-mail]>
Subject: FW: Olde Beaufort Village
Linda,
Can you look into this? Or maybe you already know and can answer this?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]

[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may
be disclosed to third parties.
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, August 04, 2016 2:21 PM
To: Scott, Georgette <[e-mail]>
Cc: Arnie Huber <[e-mail]>
Subject: Olde Beaufort Village
Ms. Scott,
Since April of this year I have reviewed and copied many records from your Wilmington office concerning
projects developed by Gary A. Mercer/Mercer Building and related entities. Mr. Mercer is a developer who
has obtained several stormwater permits over the past 15 or so years, some of which include retention ponds.
This email deals primarily with Olde Beaufort Village, Phases I thru V. Ask anyone in Beaufort and they can tell
you about the Meeting Street flooding issues which date back to the time construction first began on Olde
Beaufort Village.
In January of this year, the Town formed a Stormwater Advisory Committee with Meeting Street being one of
its main concerns. The Committee is currently chaired by Whitney Jenkins of your Beaufort Office and, as she
had a limited amount of time for public comments at the June 14th meeting, asked that comments be
forwarded to her. I have attached to this email my comments which were sent to her and adopted as part of
the notes of the committee.
I have copies of the engineering plans, statements made and recorded in public meetings, correspondence
between Mercer and/or his representative and town officials concerning a retention pond for which no permit
has been issued. This pond was basically up and running prior to the construction of Phase V and incorporates
the swales of Phase V for the movement of stormwater. This fact has never been disclosed to your office.
I have also attached some digital photos of the pond to show its proximity to houses, its state of disrepair and
the pumping system that he installed. We are two months into hurricane season and the ponds and swales
are all in a state of disrepair from neglect. Additional photos can be forwarded to you at your request.
it is my opinion that DENR regulations have been grossly violated, laws of the State of North Carolina and
other entities violated, and that this matter should be investigated. i am willing to meet with you or personnel
from your office at a time and place of your choosing to review all the documents I have accumulated in this
matter.
I thank you in advance for your time in addressing this matter,

William H. Martin II
307 Franklin Street
Beaufort, NC
cell: 540-525-2154

Lewis,Lindla
From: Lewis,Linda
Sent: Tuesday, April 25, 2017 11:56 AM
To: '[e-mail]'
Cc: Scott, Georgette
Subject: RE: SW8 000112 and SW8 050108
Thank you for the reminder Mr. Martin. Our staff is stretched a bit thin at the moment. There has been no
response from Mr. Mercer to the November 2016 letters. My next step will be to resend the letters via
certified mail so the Division will have proof that the letters are received. If that new deadline passes with no
response, we will initiate the enforcement action.
Even if Mr. Mercer restores the site to compliance, please remember from our previous correspondence, that
it will not provide any guarantees or protection from flooding. For these specific permits, any amount of
rainfall in excess of 1", including hurricanes, is not regulated by the stormwater rules. Flooding and poor
drainage area the purview of the local government.
will be sure to copy you on the revised certified letters.
Linda
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, April 25, 2017 11:05 AM
To: Lewis,Linda <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: 5W8 000112 and SW8 050108
Dear Ms Lewis,
Late last year I provided information to your office concerning flooding issues in two subdivisions in Beaufort.
Letters were sent to Gary Mercer, President of Mercer Building and Design, Inc. by your office. Both letters
gave Mr Mercer the opportunity to address the issues and respond with an action plan with deadlines of
October 29, 2016 for Permit SW8 000112; and November 1, 2016 for Permit SW8 050108. There does not
appear to be any improvement to the overall stormwater situation in this area.
Since both deadlines for Mr. Mercer to reply expired nearly 6 months ago, would you please provide me with
an up date as to the steps he has taken, or promised to take, in order to resolve these issues? Copies of any
correspondence between Mr. Mercer or any of his employees or representatives and your office would be
helpful.
Another hurricane season is approaching and these issues could have tragic consequences if allowed to go
uncorrected any further.
I appreciate you responding to these questions at your earliest convenience.

Respectfully,
Bill Martin