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SW8051143_HISTORICAL FILE_20191024 (2)
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 D5 11 A-5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2GY: W 24 YYYYMMDD r� ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dtr or October 24, 2019 Excel Leland Properties, LLC Attn: John Z. Everhart, Manager PO Box 12886 New Bern, NC 28561 NORTH CAROLINA Emirortmewa/ Quaftty Subject: Permit Transfer State Stormwater Management Permit No. SW8 OS1143 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 Q�� North Carolina Department of Environmental Quality I Division of Energy. Nneral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 45W 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 150B 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, �.3 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 "stormwaterrules') 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. 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, ftz: Offsite, ftz: 1.19 51,768 0 b. Total Impervious Surfaces, ftz: Onsite, ftz: Offsite, ftz: 35,509 35,509 0 c. Plant Depth, feet: 1.0 d. TSS removal eff., W 85 e. Design Storm, inches: 1.5 f. Permanent Pool Elevation, FMSL: 12.0 g. Permitted Wetland Surface Area, ftz: 5,155 h. Shallow Land Area, ftz: 1,565 i. Shallow Water Area, ftz: 2,165 . Deep Pool Area, ftz: 1,425 k. Permitted Temporary Storage Volume, ft3: 4,443 I. Temporary Storage Elevation, FMSL: 13.0 m.Controllin Orifice O": 1.25 n. Number of Plantings Shallow Water — Herbaceous: Shallow Land — Herbaceous / Shrubs / Trees: 541 89 / 37 / 5 o. Receivin Stream / River Basin: Brunswick River / Cape Fear 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. 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 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. 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. 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. 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. 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. 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 6m 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 nor' ,.,._._=UEMLKUSE UNLY.. Date Received I Fee Paid Permit Number -201 U !22 w_ OS NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contactlregional-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 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner,' • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: 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: 0403(�131 S Dew -T4 ECEIVE JUN202018 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. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark "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. 143-215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y3. 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. V ',' A g 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. A— 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 Xengage 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. N 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. 8. If transferring under G.S. 143-214.7(c2) (i.e., Part 8, 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. 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. " f 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: annla soeckids.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) 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; j� past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required 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 Ill. approved by the DEMLR unless and until the facility is in compliant with the ppermit. Signature: _ Date: 3 0 a Notary Public for the State of County of k)&Q do hereby certify this the '1 day of execution of the forgoing instrument. (Notary Seal) Notary Signature: WAa. �• l/�� �,A�CX My commission expires , P &Abe✓ ol�ipV1� personally appeared before me 201'% , and acknowledge the due Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 r 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 IPOA /UOAname: ❑ 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 Cunt/2FKa New/3P/n IUC. Z85Q City: New Bern State: NC ZIP: 28562 d. Street Address: ' " T`ee;as G^ cjI ^ 4149 A'MLlGncj 9r. %3/mil City: tetand /Vaw aBr'n State: NC ZIP: -28459 2,8507- e. Phone: (252) 288-5181 Email: zeverhart(oexcelkids.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: Title: c. Mailing Address: d. City: e. Phone: (_) State: ZIP: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, 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 listedd the permit and in the operation and maintenance agreement. Signature: ZK// - Date: I, L � C. Wwt Y1 ` a Notary Public for the State of County of NeA/Z VCAnDX. do hereby certify that inn `1G�.1 personally appeared before me this the -g\L day of rVVA , 20 k0 , and acknowledge the due execution of the forgoing instrument. Witness Q hand and official seal, (Notary Seal) �/oJr 1� r— Notary Signature ` �r My commission expfires \6nber 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: (_) 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 DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: 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 my hand and official seal, (Notary Seal) Notary My commission 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 051143 SPEC daycare Leland W1 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 / 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 linda.lewis(c 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 in 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 linde.lewis(ncdenr.00v 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: Brown, Creighton A Sent: Wednesday, April 03, 2019 10:56 AM To: Lewis, Li n da 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\2005\051143 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.brown(a)ncdenr.gov 127 Cardinal Dr. Extension Wilmington, NC 28405 -:5>'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 o5114-3 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 undefnedundefinedundefned 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(o)ncdenr.gov Lewis,Linda 05l/¢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 <linda.lewis@ncdenr.gov> Subject: [External] Re: SPEC Daycare Leland SW8 051143 Inspection Report Linda, Did you get a response from Mr. Everhart? I wasn't copied on anything so wanted to see if I needed to follow up with him. Ann From: "Lewis,Linda" <linda.lewis(a)ncdenr.gov> Sent: 10/31/18 10:16 AM To. "ann(a)speckids.com" <annospeckids.com> Cc: Zac Everhart <zeverhart(@excelkids.com>, "wape(fiigsp-consulting.com' <gpapeggsp-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 linda.lewis(c)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. 7 Thomas Garst Ln - Google Maps Page qw Google Maps Thomas Garst Ln n, M Shirley's Omer } - ' y Piggly Wiggly Yummm i Yumi - o. ®a92 Leland 6 p Bank of America ATM O z Seafood® �ija ©- Propane geR QAdvence Auto Parts Pizza Hut dNg u 3 ti QGo Gas McDonald SPEC Q iron' w�sr Ocean H _. 1 ' Vine —ge Rd ryE_� iy tg oA i _ 688T Leland Citgo Waffle Mouse Q RdA,F; QBolangles'Famouy_: y Food Lion ® Chicken'n Biscuits rkrin Aa Q s r Suhway If n RAH IQBP Belville ABC Magnolias Bed B Biscuit , -- Google Q �' COT)Circle K j Q i Map data @2018 Google 200 ft r https://www.google.com/maps/place/Thomas+Garst+Ln,+Leland,+NC+28451/@34.2332314,-77.9937132,17z/data=!4m5!3m4! 1... 8/8/2018 JUL 31 2018 s. III � G�II>If1GI�iGNII��JII���h��' zmum)aems M/¢3 SFOP p;CXytnNq ten pieri c.N eF efL6' 28t1"JlLp08 0�4iY51FA H 5701C:1130-f201 FEE:S20.08 Ih�i�RkNi � 2011Ci8aGo SPATE OF NOR111 CAROLINA aL� COUN'I:Y OF NEWHANOVER 87EtC2' RUIL\BIC POW1214 OF A'ITORNr, 1A08 MILITARY CUTOFF RO wlLhnxoro14,1NIc2e403 r Vz. KNOW ALL MEN 6Y'RiI1,SE PRY.SENTS, that I, RONA LD E. SAUCIER, SR., the undersigned, a resident of the State of North Carolina, du hereby make, constitute and appoint my daughter, ANN S. BROWN, my true and lawful attorney -in -tact, for me in my "AMC, place, and stead, giving unto said attomay-imfact fill power to act in my name, place, and steed In may way that i myself could do if I were Personally present with respect to the following matters to the extent that I ern permitted by law to act through an agent. In the oven( ANN S. BROWN is unable or unwilling to act as my attomay-in-fact for any reason, than I hereby appoint my son, RONALD E. SAUCIER, JR., my akernate attorney -in -fact. L Rent Property TraoeueUoaa. To (case, purchase, exchange, and acquire, and to Agree, bargain, and coroner for the lease, purchase, exchange, and acquisition of, and to accept, bike, receive and Possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as said atlorney4n-fact shall deem proper; and to maintain, repair, improve, manage, insuto, rent, lease, sell, cenvcy; subject to, liens, mortgage, subjcet to deeds of trust; and in anyway or manner deal with all or part ofany Interest in real property whaisnovel, that lho principal owns at the time ofeseetdoa oc may there fter ufor under terms and conditions, under such covenants, as said attorney -in -fact shall deem 2. Personalpropertyl'rsusx.ioas.'i'o lease, purchase, exchange, and acquire, and to agree, bargain, and contract for the lensc, purchase, exchange, and acquisition of, and to accept, take, receive, and Possess any personal property whatsoevuq tangible or Intangible, or interest thereto, on such terms and conditions, and under such covenants, as said attomay-in -fact shall deem proper; and to maintain, repair, improve, manage, Insure, rent, lease, sell, convey, subject to liens and mortgages, and hypothecate, and in any way or manner deal with all or any part of any personal property whatsoever, tangible or intangible, or any interest (herein, that the principal owns at the time Of execution or may lheroaftm acquire, under such terms and conditions, and undersuoh covenants, ns said Anornoy-m-fact shall deem proper, 5 Bond share, stock Securitles'aid iCommodity Transactions. To request, ask, demand, stellar" ccpvcr,col Pct relve; and hold and: possess any bend share, instrument ofaimilar character, all o eo rement a.ccatints Oommodity(inicrost-or. any Ihstrwnent with respect (hereto together with the interest, 'd{vidcnds,pro'ceeds,orotherd(shibutions connected therewith, esnow=. or shall hereafter become, owned by; or duo, awing Pay 'a, or olonging to, the principal at the time of execalion Orin which the principal may thorenRer acquire interest, to have, use, and rake all lawful means And equitable legal remedies, procedures, and writs in the name of the principal for the collection and recovery thereof, and to adjust, $all, compromise, and agree for the same, and to make, execute, and deliver for the principal, all endorsements, acqui"ances, releases, receipts, or other sufficient discharges for the same. 4, flanking Traasacflons. To matte, receive,sign, endorse, execute, acknowledge, deliver, and Possess checks, drafts, bills ofexchonge, letters of credit, notes, stock certificates, withdrawal receipts and instruments reluting to accounts or deposits in, or certificates ofdeposit of, banks, savings and loan or other Inslit tions or associations for the principal, S. Safe Depwits. To have free access at any time or times to any safe deposit box or vault 10 which the principal might have deposit access us lesseo or owner. 6. Business Operating Transactions.To conduct, engage in, and transact any and all lawful business Of whatever nature or kind for the principal. 7. lnsw'auce Transaetimrs.'1'0 exercise or perform any act, power, duty, right ur obligation whatsoever ill regard to any contract of life, accident, health, disability or liability insurance or any combination of such insurance procumd by or on behalf of the principal prior to execution; and to procure now, different or additional contracts of insurance fm'the principal and to designate the beneficiary of any such contract of insurance, provided, however, that the agent himseifcannot be such beneficiary, unless the agent is spouse, child, grandchild, parent, brother or sister of the principal, S. Estate Transactions. To request, ask, demand, sue for, recover, correct, receive, and hold end possess all legacies , bequests, devises, as arc, owned by, or due, owing, payable, or belonging to, the principal at die time of execution or in which the prineipal may thereafter acquire interest, to have, use, and take all lawful means and equitable and legal remedies, procedures, and writs in the name of the principal for the collection and recovery thereof; and to adjust, sell, enmprondm, and agree for the same, and to make, execute, and deliver for the principal, ail endoacmcros, acquittances, releases, receipts, or other sufficient discharges for the same. 9. Personal Relationships and Affairs.'1'o do all acts necessary formuinlainingthe cCsmmiy standard of living of tic principal, the spouse and children, and other dependents of the principal; to provide medical, coital unit surgical care, hospitalization and custodial cart for The principal, the spouse, and children, and ether dependents of the principal; to continue whatever provision has burn made by Cho principal, for tho principal, the spouse, and children, and other dependents ofthe principal, with respect to automobiles, or other means of Itunsportalion; to without whatever charge accounts have been operated by 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 accomplishment of any of the purposes enumerated in this section, and to pay the items charged on such accounts by any person authorized or permitted by the principal or the attanicy-in-faotto mike snort charges; to continue the discharge of any services or duties assumed by the principal, to any parent, relative or friend of the principal; to continue payments incidental to the membership or aMi union of the principal in any church, club, soeiioly, order or other organization, or to continue contributions Choreic. In the event the atlomoy-in-fact named pursuant to N.C.O.S, 32A-i makes a decision regarding the health cure of the principal that is contradictory to a decision made by a health care ngont appointed pursuant fo Article 3 of this Chaplet, The decision of the health wro agent shall overrule the decision of the attorney -in -fact. 10. Sol Security and Unemployment: To prepare, execute and Ole all social security, unemployment Insurance and information returns required by the laws offho United States, or of any state or subdivision thereof, or ofany foreign government. 11, Benefta from hiiltury Service. To execute vouchers in the name of the Principe! for any and oil allowances and reimbursenans payable by the United States, or subdivision thereof, to the principal, arising from or bused upon military service and to receive, to endorse slid collect the proceeds of any check payable to the order of the principal drawn on the treasurer or other fiscal officer or depository of tho United States or subdivision Thereof,' to take possession and to order the removal and shipment, ofany properly of the principal from any post, warehouse, depot, dock or other pince of storage or safekeeping, either govommen;al orprivate, to execute and to doliverany please, voucher, receipt, 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 orassistance, financial or otherwise, to which the principal Is; or claims to be, entitled, under the provisions of any statute or regulation existing of (be creation ofthe agency or thereafter enacted by the United States or by any safe or by any subdivision thereof, or by any foreign government, which benefit or assistance arises from or is based upon military service performed prior to or aficr execution. 12. Tar Matters.To prcpxrc,oxecute, voriry and fife in the name ofthe, principal and on behalf ofthe principal any and all types offax returns, amended returns, declaration ofostimaled tax, report, protest, application for carnation of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the Tax Court ofthe United States, In connection with any tax imposed or proposed to be imposed by any government, or claimed, levied or assessed by any government, and to pay any such tax and to obtain any extension of time for any ofthe foregoing; to execute waivers or consents agreeing to a later determination and assessment of texts than is provided by any statute of limitations; to execute waivers of restriction on the assessment and collection ofdeficicney in any tax; to execute closing agreements and all other documents, instruments and papers relating to any has liability of any sort; to institute and carry on through counsel any proceeding in connection with determining or contesting any such -2- Y tax Or eoto ec thereof, and to to 0r any lax paid or to resist any claim for additional tax on any proposed assessment or levy V a t'- s `b i%� •�� mar into any agreements ors(ipulations farcamlloOl a or other adjustments or disposition 7Xr j' a:, of any tax. }. 13. Employment of Agculs. To employ agents, such as legal counsel, accountants or other rr�s professional representation as may Lc appropriate and to grant suoh ngonls such powers ofnttamcyorothcr 't1 appropriate authorization as may be inquired in cumulation with such representalion by the Internal , Revenue Suvice or other govcrnmeand authority. ; 14, Ciflalo Cinrldes, and to Individuals OtherThan the AliOrae-•make` r 1•.r o A yl. To gi s to charities or persons ocher Ihnn the named attorney-Indgin, inacl. i hereby limit such pills in amaun is not to exceed the Brunei exclusion for federal gilt tax pulposes at the time the gilts are made to any one person or charity. Gifts to my spouse maybe unlimited. I further limit the power army anomey-in-fact to make gifts ' under this power of attorney by rcgmnng that such grDs result in actual or potential tax or other benefit to. me or my estate. Igrort my eYomd < } In fact the power amok, gifts oomybchalreven though l may not have: bad a history of prior gift Diving,' .. .. 15. Gifts to the Named Allocrcy-ln-FnaTomake gifts toChat Hills orpersons includin m attorney -in -fact named in thepowcrofattorney.thereby "andtsuchgidsinamounts not toexeecdtheannu I exclusion for redcrd gift tax purpose.% at dtetime the gifts me made to any Ono pmrson orcharky. Gifts to my ` spouse may be unlimited. I further limit the power army attomey-in.fao; to make gifts under Ibis power of '�•+�: myattattorny byme requ-ja-ract theng owe a gifts ake itfresultix actual orpotential lax or otherbenofit tome or my estate. [grant a my attorney- n-fact the power to make gifts an my behalfeven though 1 may not have had a history of prior gift giving, 7 I P�,;ii: `.,: ,,.... '., ' This Powor ofAllomey shall not be affected by my subsequent incapacity arms ntal in<ompetenw. My ntlorney-in-fact 51,411'lot be required to file a copy of this Power ofArtomey with the Cicrk of Superior Court, nor shall my of onmY4,fiacf be required to reactor any invcnmries or accounts regarding actions taken on my behalf, and i hereby waive those mqulrements. Signed and scaled this the 2011 . G.- -e'' (Seal) RONALp H. S CIER, SR, STATE OF NORTH CAROLINA COUNTY OF NEW �3HANOVER On this _"day of3uly, 2011 , RONALD E. SAUCIER, SR., personally appeared before me, and known 10 me to be the person who executed the foregoing instrument and the grantor being duly sworn by me, made oath that the statements in the foregoing instrument are true. / Notary Public My commission expires: .?S x All, NOTARY "ws aSIPUBLIC I ly e -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 WIRO 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 O&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.lewisQncdenr.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 QUALITY July 27, 2018 Exccl Leland Properties, LL,C (via email) Excel I3urgaw Properties, I .,C Attn: John Z. Everhart, Manager PO Box 12886 New Bern, NC 28561 ROY COOPER Governor MICHAEL S. REGAN Serretnry WILLIAM E. (TOBY) VINSON. JR. Interim Director Subject: Combined Request for Additional Information regarding 'transfer of State Slormwater Management Permits for SPEC Leland and SPEC I3urgaw Slormwater Permit Nos. SW8 051143 and SW8 050118 Brunswick / Ponder County Dcar Mr. Everhart On June 20, 2018, the Wilmington Regional Officc of the Division of Energy, Mineral and Land Resources (DFMI.,R) received a signed request to transfer the subject state stormwatcr permits for SPEC Leland and SPEC I3urgaw located in Brunswick and fender County, respectively. The 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 permit: I . A completed, signed and notarized Operation and Maintenance Agreement for each SCM. I have included a copy of the appropriate blank O&M form for each project. The SW8 051 143 Leland facility is a stormwatcr wetland, and the SW8 050118 I3urgaw facility is a wet detention pond. 2. Please note that the proposed permittee mailing address reported on each transfer application has been corrected to the PO Box in New Bern. The 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 permitter, 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 I inda.levvisnamcdenraov. Sincerely, z Hda. 44ACu , Linda L,cwis, E.I. Environmental Engineer III GDS/arl: G:\\\Stormwatcr\Permits & Projects\2005\0501 I8 1ID\2018 07 addinfo 050118 G:\\\Stormwatcr\I'crmits & Projects\2005\051143 1ID\2018 07 addinfo 051143 cc: Ann Brown, FICA Ronald Saucier, Current Permittce (via email) WiRO Stormwater Permit Pile Stale of North Carolina I EnOr nmental QUallty I Energy.Mlnclal and land Resources Wilminglnn Rcglonal Ofncc 1127 Can9na1DI'fvC Extvn%i(,n I Wllminglon, NC 28405 q10 796 7215 PennitNumber:.SW7 OSI I43 (to be provided by UN'oJ Drainage Area Number: Stormwater Wetland Operation and Maintenance Agreement I will keep a maintenance record on this 131MP. This maintenance record will be kept in a log in a known set location. Any deficient 13MP elements noted in the inspection. will be corrected, repaired or replaced immediately. "These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the I3MP. 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 the 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 aCoastal 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 that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: Entire IMP Trash debris is present. Remove the tiash/debris. Perimeter of wetland Areas of bare soil and/or erosive _ Regrade the soil if necessary to remove the gullies have formed. gully, and then plant ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too long. Maintain vegetation at ,in appropriate height. Inlet device: pipe or The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment Swale offsite. The pipe is cracked or otherwise Replace the pipe. damaged (if applicable . Reg 'rade the Swale if necessary to smooth lirosion is occurring in the Swale (if applicable). it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Wetland O&M-Rev.4 Page I of') Permit Nalnber (Io be provided by UWQ) Forebay Sediment has accumulated in the forebay to a cleplh that inhibits the forebay from functioning well. Deep pool, shallow water and shallow land areas Micropool Outlet device Receiving water I rosion has occurred. Weeds are present. Algal growth covers over 50% of the deep pool and shallow water areas. Cattails, phragmites or other invasive plants cover 50% of the deep pool and shallow water areas. Shallow land remains flooded more than 5 days after a storm event. plants are dead, diseased or dying. Best professional practices show that pruning is needed to maintain optimal Plant health. Sediment has accumulated and reduced the depth to 75% of the original design depth of the deep pools. A tree has started to prow on the embankment. An annual inspection by appropriate professional shows (flat the embankment needs repair. lividence of muskrat or beaver activity is present. Sediment has accumulated and reduced the depth to 75% of the original design depth. has occurred. The outlet device is damaged Erosion or other signs of damage have occurred at the mullet. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts lostreams or the BMP. Provide additional erosion protection such as reinforced turf matting; or riprap if needed to prevent futureerosion Remove the weeds, preferably by hand. If a pesticide is usecl, wipe it on the plants rather than spraying__ _ Consult a professional to remove zinc] Control the algal growth. Remove invasives by physical removal or by wiping, them with pesticide (do not spray) - consult a professional. _ Unclog; the outlet device immediately. Determine the source of the problem: soils, hydrology, disease, etc Remedy the problem and replace plants. Provide a one -lime fertilizer application to establish the ground cover if necessary. ,,rune according to best professional practices. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a dam safely specialist to remove the tree. Make all needed repairs Consult zi professional to rernove rnuskrds or beavers. Search for the source of dw sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the B,MP. Clean out the Outlet device. Dispose of the sediment off -site. Repair or replace the outlet device. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.. Form SW401-Wetland O&M-Rcv.4 page 2 of'3 Permit Number: (to he provided by 15; Q) 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 ofany problems with the system or prior to any changes to the system or responsible party. Project name: BMP drainage area number: Print Title: Address: Phone: Signature: Datc: Mole: 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 Votary public for the State of County of do hereby certify that personally appeared before me this day of , and acknowledge the due exdcution of the forgoing stormwatcr wetland maintenance requirements. Witness my hand and official seal; S1:',AI., My commission cxp Form SW40I-Weiland O&M-Rev.4 page 3 of 3 Lewis,Linda From: Lewis,Linda Sent: Wednesday, June 27, 2018 12:00 PM To: 'Ann Brown' Cc: 'zeverhart@excelkids.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 June 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.lewistd')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. IIIIIIIIIIIII III IIIIIIII�III I111111111 BOOK:4036 PAGE:1315 ;g ao",I aeon....: seem."+cav�,�a.em., a' oam JUN2 0 2018 All or a portion of the property herein conveyed does not include the primary residence of a Grantor NO III LE SEARCH HAS BEEN REQUESTED OR PERFOR.xIED IS THE PRF,PARATION OF`THIS INSTRUx1EN'1'. This instrument was prepared byJames A. MacDonald, a licensed North Carolina attorney. Deliniueettaset, ifany, are to be paid by the closing attorney to Brunswick County Tax Collector. (Excise Tax) Recording time, Rook and Page Tax Parcel No. 038BCO28: 4d8I1603B 03b6C,02Sjj 4MUG426; eauuca16038C3G031 Prepared Ity: James A. MacDonald, Attorney, The MacDonald law Firrn, PLLC, 1508 Military Cutoff Road, Suite 102, Wilmington, North Carolina 28403 Grantor: Ronald E. Saucier 165 Vision Drive Wilmington NC 28403 RtrRr 44#rr##1#w####lFr iYRRr R4f RAl4R}}RY STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Grantee: Excel Leland Properties, LLC Attw Kimberley R. [pock, Manager 4149 Dr MI, King Jr Blvd New Bern NC 28562 Y}Riii}RnR kY 4RRR1RRYf1f}ffRRRRMRIIRRRR!!A♦ NON -WARRANTY DEED THIS DEED, made this 12 day of March, 20i8, by and between RONALD E. SAUCIER, unmarried, Grantor, and EXCEL LELAND 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 convoy 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: SEE Al [ACHED EXHIBPIA INCORPORATED HEREIN AS IF FULLY SET OUT BY REFERENCE Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE 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 fret and clear of all encumbrances, except unpaid ad valorem taxes not currently due, any easements or restrictions of record applicable to the property, any governmental or ordinances or building codes applicable to the properly, if any. submitted electronically by [toward, Stallings, from, Hutson, Atkins, Angell, Davis, P.A. in compliance. with North Carolina statme, gover nil and the terms of the submiuer agreement with the Brunswick County Register of Deeds, B00K:4036 PAGE:1316 paas`'3j° t ` &n,M \',. Cle.rvno.f 9nnuwK Courn qe .0e2a a IN 0.TITESS ','HEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written, et-5( ��/fAj ��iA � _<OD S �Al,) RONALD E. SAUCIER, unmarried By* Ann S. Brown, Power of Attorney STATE OF NORTIFI CAROLINA COUNTY OP NF.W I-IAN'OVER I, -LAOA/ /1 J>/, a Notary Public in and for the State and County aforesaid, do hereby certify that N' ' S. BROWN, Attorney -in -Pact for RONALD E. SAUCIER„ personally appeared before me this day and being by me duly swom, says that he executed the foregoing instrument on- 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 that 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. SAUCIIER.R'.. ,12 WITNESS my hand and notarial seal, this the / day o .arch, 2018. Public�� My Commission Expires: r ^. 13.d0 NOTARY PUBLIC 'I'I'I'll'llll'lll'llll�lll II'IIII'll BOOK:4036 PAGE:1317 aszeij4oui &eaM n'. Clennnons RmnuvmICaun+y ReO^+er e!De¢+ ,30 EXHIBIT A BEING all of Lots 5, 7 & 9 as shown on that map entitled "Lots 5-9 — Clairmont Section B Recombination Plat" recorded in flat Cabinet 34, Page 252, Brunswick 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 N THE 'TOWN OF LELAND, NOR"I'HWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALI, OF LOT 9 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLAT" RECORDED IN MAP BOOK 34. PAGES 252 OF TIT BRUNSWICK COUNTY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-4738, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE FOUND ON 1*11E NORTHERN MARGIN OF NC HIGIIWAY 17/74/76 BEING NORTH 7402719" EAST A DISTANCE OF 59.88' FROM A NCDOT RIGHT-OF-WAY MONUMENT, THFNCE NORTH 1001341" EASTA DISTANCE OF 590.52' 1'0 AN IRON PQ'E FOUND; TIBENCE WITH TILE LAND OP T110MAS FRANKLN (DEED BOOK 847, PAGE 511) THE FOLLOWNG FIVE (5) COURSES; SOUTH 51 °42'49" EAST A DISTANCE OF 113.88' TO AN IRON PIPE FOUND: SOUTH 84034'41" 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 07022121" 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 WITH LOT 5 OF MAP BOOK 34, PAGE 252 SOUTH 10°17'51'.' WEST A DISTANCE OF 109.19 TO AN IRON ROD SET; THENCE WITH LOT 7 OF MAP BOOK 34, PAGE 252THE FOLLOWING SLY (6) COURSES; SOUTH 74°26'21" WEST A DISTANCE OF 187.98' TO AN IRON ROD SET; NOR"I'II 15033'39" WEST A DIS'T'ANCE OF 27.50' TO AN IRON ROD STET; SOUTH 74026'21" WEST A DISTANCE, OF 40.00' TO AN IRON ROD SET; SOUT14 15033'39" EAST A DISTANCE OF 27.50' TO AN IRON ROD SET; SOUTH 74026'21" WEST A DISTANCE OF 85.94' TO AN IRON ROD STET; SOUTH 15034'04" EAST A DISTANCE OF 46.10' TO AN IRON ROD SET ON T'I IE RIGHT OF WAY OF'IHP ITIGH WAY; THENCE SOUTH 74026'23" WEST A DISTANCE OF 152.36' TO AN IRON PIPE POUND WHICH IS THE POINTOF BEGINNING. HAVING AN AREA OF 144,572 SQ. FT. OR 3.319 ACRES MORE OR LESS, AS SHOWN ON THAT SURVEY ENTITLED "ALTA/NSPS SURVEY FOR: 111 THOMAS GARST LANE LOTS 5,7 & 9—PB 34, PG 352" DATED MARCH 28, 2018 BY PARAMOUNTE ENGINEERING. LOT'7 MAP 1300K 34 PG 252: BEING A CERTAIN PARCEL OR TRACT' OF LAND LN THE TOWN OF LELAND, NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLNA BEING FURTHER DESCRIBED AS BEING ALL. 017 LOT 7 AS DEPICTED ON THAT MAP FN'T'ITLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLAT" RECORDED IN MAP 1300K 34, PAGES 252 OF THE BRUNSWICK COUN"I'Y REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-4595, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD SET ON T'HE NORTHERN MARGIN OF NC HIGHWAY 17/74/76 BEING NORTH 74026'23" EAST A DISTANCE OF 152.36' FROM AN IRON PIPE FOUND BEING THE SOUTHWESTERN CORNER OF LOT 9 AS SIIOWN ON MAP BOOK 34, PAGE 252; THENCE WITH LOT9 OF MAP BOOK 34, PAGE 252 THE FOLLOWING SIX (6) COURSES; NORTH 15034'04" WEST A DISTANCE OF 46.10"I'O AN IRON' ROD SET; NORTH 74026'21" EAST A DISTANCE OF 85.94' TO AN IRON ROD,SET; NORTH 15033'39" WESTA DISTANCE OF 27.50' TO AN IRON ROD SF"1; NORTH 74°26'21" EASTA DISTANCE 01' 40.00' TO AN IRON ROD SE F; SOUTH 15033'39" EAST A DISTANCE OF 27.50' T'0 AN IRON ROD SE'F; NORTH 74'26'21" EAST A DISTANCE 017 187.98' TO AN IRON ROD SET ON THE BOUNDARY OF LOT 5 OF THE. AFOREMENTIONED MAP; THENCE WITH SAID LOT 5 SOUTH 1001 T53" WEST A DISTANCE OF 51.23' "I'O AN IRON ROD SET ON' THE NORTHERN MARGIN ON NC HIGHWAY 17/74/76; THENCE WTI'H SAID MARGIN SOUTH 74026'21' WEST A DISTANCE OF 291.57TO AN IRON ROD SET XN7111CH IS THE POINT OF BF.GINTNING. HAVING AN AREA OF 15,057 SQ. FT. OR 0.346 ACRES MOR17 OR LESS, AS SHOWN ON THAT SURVEY EN'T'ITLED "ALTA/NSPS SURVEY FOR: I I I THOMAS GARST LANE PPAB 41€4353v1 II'III'll'III�'lll'IIIIIII' II'lll'III BOOK:4036 PAGE:1318 ag'2etnma r &e4a'.', C:eurnons 9unuwo4 CournV 0.epnur es fan Pa9•[ola LOTS 5,7 & 9 — PB 34, PG 352" DATED MARCH 28, 2018 BY PARAMOUNTF. ENGINEERING. LOT 5, MAP BOOK 34, PG 252: BEING A CERTAIN PARCEL OR TRACT OF LAND IN TIrE TOWN OF LELAND, NORTHWEST 17O1AFNS1111'. BRUNSWICK COUNTY. NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALL OF LOT 5 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLATT"RECORDED Ii\ ,MAP BOOK 34, PAGES 252 OF THE BRUNSWICK COUNTY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-6696, BEING FURTHER DFSCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE FOUND ON THE NORTHWESTERN CORNER OF LOT 5 AS SHOWY ON MAP BOOK 34, PAGE 252 AND BEING THE EASTERNMOST CORNER OF LOT 9 OF THE MAP. BEING SOUI'H 5502728" EAST A DISTANCE OF 104.90' FROM AN IRON PIPE FOUND BEING A CORNER OF LOT 9 AS SHOWN ON MAP BOOK 34, PAGE 252; THENCE WITH THE LANDS OF TiIOMAS FRANKLIN (DEED BOOK 847, PAGE 511) THE FOLLOWING TWO (2) COURSES; NORTH 81004'17" EAST A DISTANCE OF 34.24 ,r0 AN IRON PIPE FOUND; SOUTH 31-56-01" FAST A DISTANCE OF 102.08 TO AN IRON ROD SET;'PI11-\CE SOUTH 11010,41" WEST A DISTANCE OF 47.5570 AN IRON ROD SET ON THE NOR'ITIERN MARGIN OF INC HIGHWAY 17/74/76; 117ENCE WITH SAID MARGIN SOUTH 74°26'21" WEST A DISTANCE OF 111.36'TO AN IRON ROD SET; THENCE WITH LOT 7 OF MAP BOOK 34, PAGE 252 NORTH 1001751" LAST A DISTANCE OF 51.23 70 AN IRON ROD SET; THENCE WITH LOT 9 OF MAP BOOK 34, PAGE 252 NOW11410°I T51"EAST A DISTANCE OF 109.197O AN IRON PIPE FOUND R77ICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 12,070 SQ. FT. OR 0.277 ACRES MORE OR LESS, AS SHOWN ON THAT SURVEY ENTYFLED "ALTA/NSPS SURVEY FOR: 111 THOMAS GARST LANE LOTS 5,7 & 9— I'13 34, PG 352" DATED MARCH 28, 2018 BY PARANIOUNTE ENGINEERING. 'TOGETHER WITH a perpetual right and easement of egress, ingress, and regress over that 30' access casement as shown on that Deed of Easement recorded in Book 1061, Page 862, Brunswick County Registry. Parcel 1D-'—'038BCO25 (Lot 9) Parcel ID - 403SBC031 (Lot 7) Parcel ID - ti038BCO28 (Lot 5) PPAB 4184353vi Site Vicinity -Map (No $tole) Bnalwors aC `[ Vsga. so Oe»R mson N Wt $5]96 . NPale .1 01 ,iaa6 11:21:3la scall;?5 Legend W E -o ..utn09 irnorm 3 - 5/e' ., u.9 xm sets, B..—'1 tine Lne xel .epe Ce-Urcote of Accuracy Stale of North Carolina Town of Leland e.or .ey pet to 1 rot A,wwm so mote �Awooe,,m �m.m Ym N .'s W.at a Lln-m ]-eiv 1 ms low Ie G-�me�r � OA E95/\� tit fw CE4 C Ga u n iD.U' aI Jr. [�I J'� t -'%.•e"�IA o cp r s peal mewmF w pc l.e. »t-mo A�"u .im . re.em .1. el mtom, .B. e995. "p°m� t .1. mm-,allt,. ..e-.--•..»-..u—. m»A-m) c-u:e of NMI Cam n t I. Rmh. Miter of $R4WGGIYI'Y 1101 tle ass, a, Pat b rI(11 6 Bffl� moalb a C6 R1fil'dm B'Ay..IGry IGCI'p1.�6 111ox"as'a Mid, ` \ Otte Certificote of Aparmes fa Recanting ow,w. / :e`welo lie l om .Lmm— amp, S P 0 Kerp �— e T . µ3 M uu. r emn. --- ` urr Certifcate of Registration by the Register of Deeds recwEM .n ap t— _ a. Pvgem_ Certili<ate of Ownership and Dedi`m/ im(..) .emY re", lest ren a me) — r o.no, .l er / tooto n, stow'. ea AArm, mw lot. ran tons. w (-) e 1.11 / Lot 9 / (Loot 9-to he / -Its s / r a f ed) um p/ (Lot 9-la be / 8` Y6f/ abandoned) / Graphic Scale w o 20 wAn Scale - ew o.:e ' mosstlo al I -to be / a / ea<fned> a. / d � e/ (Loot 5-lo be b.odaned) Lot 5 wa0 wxcrro-. / s Lot 73 Access / 9`r. Eosemmt IE.•. / at 09 / o a'iI:G rrm � / vr.z'.o'wwe le)9e' ti US Hwys. 17 / 74 / 75 (Pubae R/w) WITHERS & RAVENEL ENGINEER31 PLANNER31 SURVEYORS 70a0 Mti�te9�e Awxrae. State 101. WdmM9tan, Mors Cardlna 2BA03 Te. 910.2W.92n F. 910.25fi.15M w. wiMenravaleLAzm as N° ma a:me ion li S. Drie 165 Ysior. Brive Wilmington. NC 2E4O3 9 Clairmont Section B Lots — y�hw(j+ Town o.` Lelcr.0 / Brunswick CWrty / North Carolina oey <"' 'b°lc 1a6. _ "e a +wer n vm Recombination Plat IEimeeU Of I 2/oo SOSID: 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. I. The name of the limited liabil ity company is: Excel Leland Properties, LLC (See Item lof the Instructions for appropriate entity designation) 2. 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 all 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 2M63 3. . The name of the initial registered agent is: Kim [pock Capacity ❑Member DOrganizer ❑Member ❑Organizer ❑Member ❑Organizer 4. The street address and county of the initial registered agent office of the limited liability company is: Number and street 4149 Dr M L King Jr. Blvd. cityNew Bern State: NC Zip Code: 28562 County: Craven 5. The mailine addressif different from the street address, of the initial registered agent office is: Number and Street P.O. Box 12886 city New Bern State: NC Zip Code: 28561 County-. Craven 6. Principal office information: (Select either a or b.) E C E Q a. R The limited liability company has a principal office. JUN 2 O 2018 The principal office telephone number: 252-288-5181 / 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 DMSION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 The mailing 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: Ne Zip Code: 28561 County: craven b. ❑ The limited liability company does not have a principal office. 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 FAT.rr 1 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 Beth F. Signature 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 Type and Print Name and Ttt e NOTE: I. 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 Angusf. 2017) Form L-01 Listing of Company Officials: NAME TITLE BUSINESS ADDRESS Kimberley R. Ipock 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 r OMB NO.2502.0265 7r A. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1'❑FHA 2.E]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 costs. Amounts paid to and by the settlement agent are shown. Items marked '%POCJ" were paid outside the obsing; 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,AtUdns,A,ngell & Davis, PA PLACE OF SETTLEMENT 2918 Trent Road New Bern, NC 28562 I. SETTLEMENT DATE: March 29, 2018 Disburse:04/02/18 J. SUMMARY OF BORROWER'S TRANSACTION 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 Property 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 Adiustments For Items Paid By Seller in advance 106. Cityrrown Taxes to 406. City/Town Taxes to 107. County Taxes to 407. County 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 money 501. Excess Deposit See Instructions 202. PrincialAmount of New Loans 1,875,000.00 502. Settlement Charges to Seller Line 1400 885 351.11 203. Existing loans taken subject to 503. EAstln loans taken subject to 204. 504. Payoff of first Mortgage to TO BANK, NA . 1,447.921.87 205. 505. Payoff of second Mortgage 206. 506. 207. 507. 208. SELLER FINANCING 187,500.00 508. SELLER FINANCING 187 500.00 209. 509. Adjustments For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. Cityrrown Taxes to 510. Cityfrown 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 04/03/18 19.89 512. PERSONAL PROPERTY 01/01/18 to 04/03/18 19.89 213. 513. 214. 514. 215. h 515. 216. 9RIA0 It 516. 217. 1 U LUIQ 4 Q 517. WIRE FEE PP PROCEEDS to Howard,Stallin s,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 FROM/TO 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 ( 2,503,593.92 303. CASH ( X FROM) ( TO) BORROWER 7 1,729.20 603. CASH( TO) ( FROM) SELLER 0.00 N- ��. l PepZ " L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ @ % FIND FROM .BORROWERS FUNDSAT SETnEMENT RUD FROM SELLERS FUNOSAT SErrLEMENT o Division of Commission(line 000)as Follows: 701. to 702. t0 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 Insoection Fee to 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. BANK LOAN FEE to WELLS FARGO BANK, N.A. POC:B6000.00 809. 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 monthsper month 1002. Mortgage Insurance months $ per month 1003. CityfTown Taxes months @ $ per month 1004. County Taxes months A $ per month 1005. PERSONAL PROPERTY months @ $ per month 1006. months @ $ per month 1007. months CeD $ per month 1008. months @ $ per month 1100. TITLE CHARGES 1101. Settlement or Closing Fee to 1102. Abstract or Title Search to 1103. Title Examination to 1104, E-RECORDING FEE to INTTEK 143.50 1105. SELLERATTORNEY 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 indudes above item numbers: 1108. Title Insurance to Investors Title Ccrnpany #201852560MC 2.120.001 (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. City/CountyCitylCounty Tax/Stamps: Deed Mortgage 1203. State Tax/Stamps: 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 County Register of Deeds 26.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to PARAMOUNTE ENGINEERING #18189.PE-1 4,125.00 1302. Pest Inspection 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 10,310.50 865,351.11 CertIfied to be a true copy. "NOTES: PERSONAL PROPERTY SALES PRICE IN THE AMOUNT OF $861,533.00 MINUS $19.89 PERSONAL PROPERTY TAX PRORATION MINUS $25.00 WIRE FEE EQUALS DISBURSEMENT IN THEAMOUNT OF $861,488.11 TO SPECNINE, INC. Application Completeness Review Checklist Project Name: PE-c i 2- (crv�_c� Date Delivered to WIRO: � t�vt '�Ot BIMS Received/Accepted Date: Project County/Location: 'BIMS Acknowledged Date: Paperwork Emailed Engineer on: MSupplement(s) (1 original per BMP) MO&M with correct/original signatures (1 original per BMP except LS/VFS and swales) MAO'plication with correct/original signatures orp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report ®$505 (within 6mo) Checkft(s): ONo Fee ❑Soils Report: w/SHWT or General Report Calculations (signed/sealed) ❑Deed Restrictions, if subdivided: "*Signed & Notarized Template Covenants Plats F-150% or more Lots Sold List Project Narrative DUSGS Map Plans Email Address: Design Engineer 0 ail Address: Property Owner Deed Email Address: Lessee Lease Agreement Email Address: Purchaser urchase Agreement Email Address: Developer Email Address: HOA Representative ❑2 Sets Wetlands: Delineated or No Wetlands Vicinity Map Project Boundaries Legend Layout (proposed BUA dimensions) MDA Maps Details (roads, cul-de-s �; curbs, sidewalks, BMPs, Buildings, etc) Existing Conditions Landscape Plan Grading MPE Seal REVIEWER NAME: NOTES TO REVIEWER: 'Enter BIMS Acknowledged Date on this Sheet "FOR NEW Projects -Enter New Permit k on Supplements & Deed Restiction Templates. 6 pzwy /U AQ G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 20180313 GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 To: Christine Nelson NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 L TVT[E4 OL TMSM�L DATE lo/16/i3 JOB NO. 2012-0018 I ATENTION Christine Nelson PHONE# RE: SPEC - Leland SW8 OS1143 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Fee Check ❑ 0&M Agreements ❑ Plans ❑ Calculations ® Certification ❑ ❑ BMP Supplements❑ COPIES DESCRIPTION 1 Stormwater Certification THESE ARE TRANSMITTED as checked below: ❑ Forapproval ❑ Approved as submitted ® Foryour use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FORBIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US the following items: ❑ Permit Applications REMARKS: COPYTO: File El Resubmit copiesforapproval ❑ Submit _copies for distribution ❑ Return corrected prints SIGNED: - Garry S. Pape, P.E. /!enclosures are not as noted, kindly notify us at once RECtD OCT 1. 6 2073 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 rmailto:gpaoe(algssp-consulting.com] 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 rmailto:christine.nelson(a)ncdenr.gov] Sent: Thursday, September 05, 2013 9:03 AM To: Garry Pape Cc: Lisa Winchell (lisa(aspeckids.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 parties unless the content is exempt by statute or other regulation. From: Garry Pape rmailto:gpape(algsp-consultino.com] 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 Nelson, Christine From: Garry Pape [gpape@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.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 parties unless the content is exempt by statute or other regulation. From: Garry Pape [mailto:gpape(acisp-consulting.com] Sent: Thursday, September 05, 2013 8:28 AM To: Nelson, Christine Cc: Lisa Winchell (lisa0soeckids.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 GarryS. Pape, P.E. GSP CONSULTING, PLLC 6626 Gordon Road Unit C Wilmington, North Carolina 28411 Mobile: 910-442-7870 Fax:910-799-6659 gpapena gsp-consulting com STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0 5 l 1 �A'�) DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2o1%o 24 YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN 5ecrerary S. DANIEL SMITH Db or October 24, 2019 NORTH CAROLINA Envimnmentat Quality Excel Leland Properties, LLC Attn: John Z. Everhart, Manager PO Box 12886 New Bern, NC 28561 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. North 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 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 150B 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) 796-721S. Sincerely, �3 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 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This 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 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. 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, ftz: Offsite, ftz: 1.19 51,768 0 b. Total Impervious Surfaces, ft2: Onsite, ftz: Offsite, ftz: 35,509 35,509 0 c. Plant Depth, feet: 1.0 d. TSS removal eff., W 85 e. Design Storm, inches. 1.5 f. Permanent Pool Elevation, FMSL: 12.0 g. Permitted Wetland Surface Area, ftz: 5,155 h. Shallow Land Area, ftz: 1,565 i. Shallow Water Area, ftz: 2,165 . Deep Pool Area, ftz: 1,425 k. Permitted Temporary 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. 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. 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. 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. 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. 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. 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 21-1.1000, and North Carolina General Statute 143- 215.1 et. al. 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 UtMLK USt UNLY ♦ !' Date Received Fee Paid Permit Number 11505wl W i22 w' os 11' NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.govlcontactlregional-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 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee, • Partnership or limited partnership - the general partner,' • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: 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: a403(01131S D.0e-(-4!b 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. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark X' if previously provided. If not applicable or not available, please mark N/A.: 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y3. 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. NS4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized \I applicable O&M agreement(s) from the proposed permittee, as required by the permit. T 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 X 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. NN7. 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. 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. 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 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. PDA for Ronald Saucier 3. Signing Official's Title: 4. Mailing Address: 165 City: Wilmington State: NC ZIP: 28403 5. Street Address: 111 Thomas Garst Lane City: INC ZIP, 28451 6. Phone: (910) 350-1497 ext. 3 Email: ann(c)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) All 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; 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 approved by the DEMLR unless and until the facility is in complianc with the ppermit. Signature: 1 � Date: 31 fl this the 1 day of a Notary Public for the State of County of (U&n �A6npwr, , do hereby certify personally appeared before me 201"% , and acknowledge the due (Notary Seal) Y Notary Signature: A/h. K� My commission expires Se&ember D�,W6 Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 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 / POA / 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 PC 6cne mew&-n /JC- i851o( City: New Bern State: d. Street Address: 4t" A"liLKny Jr. 131vt City: L-etartd Alow C3ern y State: e. Phone: (252) 288-5181 Email: zeverhart(o)excelkids.com P: 28562 NC ZIP : Z'8S(v2. 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: (_) Title: ZIP: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, John Z. Everhart , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the projecUproperty 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); Ka 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: s/3��g I, LIik C. WoLkC 1 a Notary Public for the State Doff 00 C� kin�n County of ��CwY1Dvl0l do hereby certify that �� �rr'barq personally appeared before me this the 31 day of rVIAA 20 10, and acknowledge the due execution of the forgoing instrument. Witness Q hand and official seal, (Notary Seal) �.-c6i^ , , 4 C Notary Signature A� l aft has: My commission expires 5D%1be° r 2, OlG 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: (_) 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 DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Sig My commission 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 051143 SPEC daycare Leland All: 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 / 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 linda.lewisCcDncdenr.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@speckidscom' 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 nll 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.lewis(dncdenr.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: Brown, Creighton A Sent: Wednesday, April 03, 2019 10:S6 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\Storm Water\Permits & Projects\2005\051143 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. brown (a)ncdenr.gov 127 Cardinal Dr. 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 oS11 4-3 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 u lYExternal email. Do,not click links'or open attachments unless you veriN.rSend all suspicious email as an attachment to reo YtSpai (�nc2oV 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 linda.lewis(o ncdenr.gov 1 Lewis,Linda 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 <linda.lewis@ncdenr.gov> Subject: [External] Re: SPEC Daycare Leland SW8 051143 Inspection Report Linda, Did you gel a response from Mr. Everhart? I wasn't copied on anything so wanted to see if I needed to follow up with him. Ann From: "Lewis,Linda" <linda.lewis(o)ncdenr.gov> Sent: 10/31/18 10:16 AM To: "ann(a)speckids.com" <ann(a)speckids.com> Cc: Zac Everhart <zeverhart(&excelk ids. corn>, 'gpapeQgsp-consultinq.com" <gpape@gsp-consultinq.corn> Subject: SPEC Daycare Leland SW8 051143 Inspection Report undefnedundefinedundefned 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.lewisCcDncdenr.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 y Shirley Oincr i A a Yu Piggl'WiggN V' mmi Vummi LL ®#92 Leland 8 Ef s g"H Propane aA'F a It Bank of America ATM 9 ® s QAdvance Auto Parts Pizza Hut 4 9GO Gas MCDonald's SPECS Village Rd NE - 9 ® 4P Taco Bell Q CVS ® 9 U ' KI'C o� BUT Leland Cago A Wattle House A RvkF L� QBojangles' Famous Food Lion® Caicken'n Biscuits,+" i Leland Ace Hardware t ~ $n®i r%� ©BP oil a Belville ABC O Magnolias Bed 8 Biscuit Google CP C Circle K / — 9 aelnik qp @s, a Map data 02018 Google 200 ft t CceanHparyli https://www.google.coin/maps/place/Thomas+Garst+Ln,+Leland,+NC+28451/ a 34.2332314,-77.9937132,17z/data=!4m5!3m4! 1... 8/8/2018 �C;EIVE JUL 3 1 1018 BY:GSG//�' �II��I�II���(��f�1�''I�II��t�ll�'I����I —� SFei RECISnIpTle Kerb rift pi nFT6' Ihl li II'In'� Il la� 'u�^ N`u nNAVORfR L�y zafzBla=_ee 20iI At 03 A2A5NCN'S7'15XL1 f573 PGJ123HM1 FEr:$n,oJ YOKK f 26f pm� H,6 STATE OF NORTH CAROLINA p.... COUNTY OF NEW HANOVERJr- STE1c2 pILAAI.E PO«TI20F rrORNi'Y 1:OO PMi1TABV CUTOFF AD WNMINOTON,NC21402 rns,.Z KNOW ALL MEN AY TI FFSE PRESENTS, that 1, RONALD E. SADCTER, SR., the undersigned, a resident of the Slate of North Carolina, do hereby make, constitute and appoint my daughter, AM S. BROWN, my true and lawful attorney -in -fact, for me in my name, place, and stead, giving unto said attomay-in-fact full power to act in my name, place, and stead in any way that I myself could do if I were personally present with respect to the following matters to the extent that I am permitted by law to act through an agent. lathe event ANN S. BROWN is unable or unwilling la act as my attorney -in -fact for any reason, then I hereby appoint my son, RONALD E. SAUCIER, JR., my alternate at orney-in-facl. 1. Raul Property Transactions. To lease, purchase, exchange, and require, and to agree, bulletin, and contract for the loose, purchase, exchange, and escalation of. and to accept, fake, receive and possess wry interest in real property whatsoever, oo such terms and conditions, and Under such covenants, as said altatney-in-fact shall dcem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, "Play, eabJact to, liens, mortgage, subject to deeds oftrusq and in any way or manner deal with all or pail ofany interest in real piopoly wbatsoeva', (bat the principal owns at the time ofexecution or may thereafter arcane, for undersueh terms and conditions, and under such covenants, as said aft uacy-in-far! shell deem proper. 2. PeteonalPropertyT7an3actlons.To lease,purchase, exchange, and acquire,and lougrce, bargain, and contract for the lease, purchase, exchange, and acquisition of, and to accept, take, receive, and Possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as said attomay-in-fact shall deem proper; and to maintain, ropoir, improve, manage, Insure, rent, lease, sell, convey, subject to !ions and mortgages, and hypothecate, and in any way or manner deal with all or any part ofany personal propery whatsoever, tangible or intangible, or any interest (herein, that the principal owns at the time ofaxecution or may thereafter acgnirc, under such terms and conditions, and under such covenants, as said attorney -in -fact shall deem proper. 3 ".Bond share, stocF Sccurdtfl'sand:CommodityTransactlorts. To request, ask,demand, sae for rcrogve ;.collect rec,iye;,uno hold and possess ariy6ond,share, instrument ofsimilar character,all- retvement see TO.a' is eemmodify;interest or aby instrument with respect thereto together with the interest, 'dlmdcnds, proceeds, or other'disfribuhons connected therewith, es now nre, orshall hereafter become, owned by;or duo, owing ppyable, or (slanging to, the principal at the time of execution or in which the principal may there. fie' acquire interest, to have, use, and take all hawfbl means and equitable legal remedies, procedures, and writs in the name ofthe principal for lire collection and recovery thereof, and to adjust, sell, compromise, old agicc for the same, and to make, execute, and deliver for the principal, all cndorsemeuss, "alliances, releases, receipts, or Other suffiolium discharges for the same. 4. DankllICTrnnaaclluns.Tomaka, receive,sign, endorse, exocutc, ack owlalge,deliver,and Possess checks, drafts, bills ofexchange, letters of credit, notes, stock certificates, withdrawal receipts and instruments rotating to accounts or deposit, in, or certificates of deposit of, banks, savings and loan or olher instinutions or associations for the principal. 5. Safe Depwib. To hove free access at any time or times to any safe deposit box or vault to which the principal might have deposit access us lessee or owner. 6. Uasiocss Operating Tntnsacdans.'I's con duct, cngaga in, and transact any and all lawful business of whatever nature er bind for the principal. 7. insurance Transactions. To exercise or perform any act, power, duty, righter obligation _ whatsoever in regard to Any contract of life, accident, health, disability Or liability insurance or any combination of such insurance pro contact by or air behalf or the principal prior to excaimain and to procure .new, different or additional contracts of insurance for the principal and m designate the beneficiary of any i.': sucbcontractofinsurance, provided,however, that the agent himselfcannot besuch beneficiary unless the; is agent sprain, child, grandohild, parent, brother or sister of the principal. 4r 8. Cstate Transactions. To request, Ask, demand, sue for, recover, collect, receive, and hold and possess all legeoies , bequis;s, devises, as am, owned by, or due, owing, payable, or belonging to, the principal at die time ofexeootion or in which the principal may thereafter acquire interest, to have, use, and lake all lawful mcons and equitable and logo'. remedice, procedures, and writs in the name oflhc principal tot tine collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to make, exaction, and deliver for the principal, all endorsements, acquitamees, ieleases, receipts, or other sufficient discharges for the scone. 9. Personalfalathaships cud Affairs.'fo do all acare.cssary formaintainingthc ciatomary .5 standard of living ofthe principal, the spouse and children, and other depcn lends cribs principal; to provide medical, dental and swgienl are, hospitalization and custodial care for the principal, the spouse, and children, and otter dependents of the principal; to continue whatever provision has been made by the principal, for the principal, the spouse, and children, and other dependents ofthe principal, with respect to automobiles, orotherneans oftiansportation; to continue whetevercherge accounts have been operated by 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 otinrney-in-Feel shall think to be desirable for the _ - accomplishment of any of the purposes enumerated in this section, and to pay the items charged on such accounts by any person authorized or permitted by the principal orthe atmrncy-in-factto make such charges; to continue the discharge ofany services or dudes assumed byline principal, to any parent, relative or friend Of the principal; to continue payments incidental to the membership or affiliation of the principal in any church, club, society, order or other organization, or to continue contributions thereto. In the event the L. attorney -in -fact named pursuant to N.C.G.S. 32A-1 makes a decision regarding the health camat'tho principal that is contradictory to a decision made by a health care agent appointed pursuant to Article 3 of this Chapter, the decision oftho heahh cum agent shall overrule the decision ofthe attorney -in -fact, 10. Social Security and Unomploymeui To prepare, execute and Ole all social security, unemployment insurance and infomatlon returns required by die lags offDe United States, or ofany state or subdivision thereof, or ofany foreign government. 11, Benefits from hIDltary Service. To execute vouchers in the name ofilm principal for any Aid All a0owancesand reimbursements payableby the United Slates, orsubdivishm thereof, totheprincipal, arising from or based upon military service and to receive, to endorse and culiecr the proceeds ofany check payable totheorderoflhe principal drawn on the treasurer or otheriiscal officer or depository oftho United Stales or subdivision thereof, to take possession and to order the removal and shipment, ofany property of R the principal from any post, warehouse, depot, dock or other pines of storage or safekeeping, Dither 'r governmental or pr ivate, to execute and to dodiverany rolcesc,vo icheq receipt, 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 prosecule the claim ofthe principal to any banefil or assistamm, financial orothcrwise, to which the principal is; or claims to bit, mahled, under the provisions ofany statute or regulation existing at the creation ofthe agency o: thtma0ir enacted by the United Slates or by any sate or by any subdivision thereof, or by Any foreign government, which benefit or Assistance arises from or is based upon military service performed prior to or attar execution. 12. Tax Matters.To prepare,execute, verify end file in the Annie ofthe principal andon behalf of the principal any and ail types oftax returns, amended returns, declaration ofostimnled lax, repor„ protest, Application for activation of wsesead valatition of rent 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 govemrnent, or claimed, levied or assessed by any government, and to pay any such tax and to obtain any extension oftime for any ofthe foregoing; to execute waivers or consents agreeing to a later determination and assessment of texts than is provided by any statute of limitations; to czectut waivers ofroshiction on the assessment and collection ofdodclency in any tax; to execute closing agreements and all other docununa, instminem's and papers relating to any tax liability of any sort; to institute and carry on through comond any proceeding in connection with determining orcontesting any such -2- _a _ tax . tax or to recover any tax paid or to resist any claim for additional tax on an .. a y ihmcoC -ad to enter into any agreemwts"real of any to or'opals)iota forcompromiseor cut adJustmomis ordisposition !a. Empleymout of Agents. To employ agents, such es legal counsel, accountants or other profc;sionaI representation as maybe appropriate nod to grant such agents such powers ofattnmey fir other appropriate anhoriwtion as may be Iagnir,d in connection with such representation or by file OrOthinternal Revenue Set vkc or e:her govcrnman tal aulhorily. n: 14. Gifts to Charhies, and to ladtviduals Other Than the attorucy-in-Noel. To make gigs to charities or persons other than the named attorney -In -pact. I hereby limit such gins in amoun to exceed the nncoal exclusion for fedora) gift tux purposes at the lime the gifts arc made to Ilse not any one person or charity . C ilts to my spouse may be wdhaited. I further limit the power of my attorney -in -fact to make gifts under this power ofaltomey by_requiring trial such gifts result in actual or potential tax or other benefit (o. me orm estare. !grhrtmy anomey-in tact the pou4rto make gips on my hehalfevcrr lhoughlir ainy nathave hadhistory of prior gift giving' i 15. Gills la lho Named Attorney -in -Pact To mffi:egifls to charitiecorpersons including my al:orney-in-fact named in hhe powerofaltomey, 1 he:uby limit such gips in amounts mu to exceed the nnnoal exclusion for federal gift tax purposes at the 6mo the gifts me made to anyone peson or charley. (litts to my spouse may he unlimiicd. (further Iimibtha power nF:nyattomey-in-foot to maku gilts under this power of attorney by requving that such gifts result in ac4nd or potential tax or other benofil,, me or my estate. I grant my attomey-in-fca: file power to make gifts on my behalf even though I may not have had a history of prior gift giving. This Power of Attorney shall not be affected by my subsequent incapacity or mental incompetence. My attorney -in -fact shell not be required to file a copy of this Power ofAttomey with the Clerk of Suprior Court, nor shall my attomey-in-fact be required to render any inventories or accounts regarding actions taken on my behalf, and I heresy waive those mqu!remftms. Signed and scaled this the dpy of 2011 RONALD E. S- if lt3R, SR. (Seal) STATE OF NORTH CAROJANA COUNTY OF NEW HANOVER On this ,-- day ofJuly,2011,RONALD 13.SAUCIER,SR., personally appeared here, ,a, and known to file to be the person who executed the foregoing instrument and the Brother being duly sworn by me, made oath that the statements in the foregoing instrument arc Imo. / Notary P:� 7 2i MY commission expires: G —/?_� 167- vw °P \ Yi 3� �£ NOTARY 7,A PUBLIC, 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 WIRO 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 O&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(aincdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 a '^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. ROY COOPER Governc, K! MICHAEL S. REGAN Secretary Energy. Mineral& WILLIAM E. (TOBY) VIN Sin Director JR. Land Resources ENVIRONMENTAL OVALITY July 27, 2018 Excel Leland Properties, LLC (via email) Excel Burgaw Properties, I.,L,C Attn: John Z. L?verharl, Manager PO Box 12886 New Bern, NC 28561 Subject: Combined Request for Additional Information regarding Transfer of State Stormwater D7anagement Permits for SPEC Island and SPEC Burgaw Stormwater Permit Nos. SW8 051143 and SW8 050118 Brunswick / Pender County Dear IIvIr. Everhart On June 207 2018,. the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a signed request to transfer the subject state stormwater permits for SPf.?C Lcland and SPEC Burgaw located in Brunswick and Pender County, respectively. The 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 permit: 1. A completed, signed and notarized Operation and Maintenance Agreement for each SCM. I have included a copy of the appropriate blank O&M form for each project. The SW8 051 143 Leland facility is a stormwater wetland, and the SW8 050118 Burgaw facility is a wet detention pond. 2. Please note that the proposed permitter mailing address reported on each transfer application has been corrected to the PO Box in New Bern. The street address reported on each transfer application appears to be the street address of the facility, when it should be the street address of the proposed permittee, 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 Iinda.lewis(a)ncdenr., ov. Sincerely, Linda Lewis, E.I. Environmental Engineer III GDS/arl: G:\\\Stormwater\Permits & Projects\2005\050118 IiD\2018 07 addinfo 050118 G:A\\Stormwater\Permits & Projects\2005\051143 1 ID\2018 07 addinfo 051143 cc : Ann Brown, FICA Ronald Saucier, Current Permittee (via email) WiRO Stormwater Permit File Slate of North Carolina I Cnvin nme ital Quality I Energy. Mineral and lend Resources Wilmington Regional Office 1127 Cardinal Drive Extension I V ilmington,NC 28405 910 796 7215 Permit Number..SW7 OSI143 (io be provided by DWO) Drainage Area Nurnber: 1 Storinwater Wetland Operation and Maintenance Agreement I will keep a maintenance record on this BMP. "I his maintenance record will be kept in a logy in a known set location. Any deficient 13M P elements noted in the inspection. will be corrected, repaired or replaced immediately. 'These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. 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 wealand 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 the wetland. — Once a year, a dam safely 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 that are found shall be repaired immediately. BMP element: ' Potential How I will remediate theproblem: Entire BMP -problem: Trash/clebris is present. Remove the trash/debris. Perimeter of wetland Areas of bare soil and/or erosive Regrade the soil if necessary to remove the Follies have formed. golly, and then plant a p,round cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too long. Maintain vegetation at an appropriate height. Inlet device: pipe or The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment Swale offsite. The pipe is cracked or otherwise Replace the pipe. damaged (if appli(able). Ref, ride the swale if necessary to smooth Erosion is occurring in the Swale (if applicable). it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form Sw401-wetland O&M-Rev.4 I'age 1 of") Pe nn i t Number (to be provided by DNV) forebay Deep pool, shallow water and shallow land areas Embankment Micropool Outlet device Receiving water blem: Sediment has accumulated in the forebay to a depth that inhibits fire forebay from functioning well. Grosion has occurred. Weeds are present.. Algal growth covers over 50% of the deep pool and shallow water areas. Cattails, phragmites or other invasive plants cover 50% of the deep pool and shallow water areas. Shallow land remains flooded more than 5 days after a storm event. Plants are dead, diseased or dying. Best professional practices shore that pruning, is needed to maintain optimal plant health. Sediment has accumulated and reduced the depth to 75% of the original design depth of the deep pools. A tree has started to prow on the embankment. An annual inspection by appropriate professional shows that the embankment needs repair. Evidence of muskrat or beaver activity is present. Sediment has accumulated and reduced the depth to 75% of the original design depth. Clogging has occurred. The outlet device is damaged Erosion or other signs of clamage have occurred at the outlet. How I will remediate the problem: Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BNIP. Provide additional ciosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. _ Remove the weeds, preferably by hand. If a pesticides is used, wipe iton the plants rather than spraying. Consul( a professional to remove and control the algal growth. Remove invasives by physical removal or by wiping them with pesticide (do not spray) - consult a professional. Unclog the outlet device immediately. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if necessary. Prune according to best professional practices. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BcVIP. Consult a dam safety specialist to remove the tree. Make all needed repairs. Consult a professional to remove muskrats or beavers. Search for the source of the sediment and remedy the problem if possible Remove Ili(! sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Clean out the outlet device Dispose of the sediment off site. Repair or replace the outlet device. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786, Form SW401-Wetland 0&Nl-Rev.4 page 2 of") Permit Number: (to be provided by Da'Q) I acknowledge and agree by my signature below that T 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: BMP drainage area number: print nam, 'I'itic: Address: I'honc: 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. L a _Notary Public for the State of County of ; do hereby certify that personally appeared before me this day of and acknowledge the due execution of the forgoing stormwater wetland maintenance requirements. Witness my hand and official seal, SE?AL My commission expi Form SW401-Wetland O&i'vt-Rev.4 Page 3 of 3 Lewis,Linda From: Lewis,Linda Sent: Wednesday, June 27, 2018 12:00 PM To: 'Ann Brown' Cc: Izeverhart@excelkids.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 June 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(abncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares._ Email correspondence to and front this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 600KA036 PAGE:1315 ',,29oo_ ' 6. e' Jeees etr.t A' Cle..ttto�is alai. ft.¢\rO....\' Pes'. a._i -o� 1UN2 0 2018 By. All Ora portion oft he property herein con vexed does not include the primal) residence of Grantor NO TO'LI, SEARCH HAS BEEN REQUESTED OR PERFORM CD IN THE, PREPARATION OF THIS INSTRUNIENl'. The, instrument waspreparedbr James A.MacDonald, a licensed North Carolina attorney. Delinquentrases, ifconv} are to be➢aid by the closing anornev to BrunswirA County Tax Collector. (Excise Tax) Recording lime. Book and Page Tax Parcel No. 03SBCO28; 9VC`-@.-R 03a13002S� 01911PQ6 ODUCA16'036GCO31 Prepared Bv: James A. MacDonald, Attorney, The MacDonald Law Finn, PLLC, 1508 Military Cutoff Road, Suite 102, Wilmington, North Carolina 28403 Grantor: Grantee: Ronald E. Saucier Fxeel Leland Properties, LLC 165 Vision Drive Attn: Kimberlev R. Ipock, Manager Wilmington INC 28403 a 149 Dr ML King Jr Blvd New Bent NC 28562 STATE OF NORTH CAROLINA NON -WARRANTY DEED COUNTY OF BRUNSWICK THIS DEED, made :his �9 day of March, 2018, by and between RONALD E. SAUCIER unmarried. Grantor, and EXCEL LELAND 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. WIT N E S S FT II: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich 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: SEE ATTACHED EXHIBIT A INCORPORATED HEREIN AS IF FULLY SET OUT BY REFERENCE l ogether with all and singular the tenements, hereditaments and appurtenances thereunto belonging, cr in an,wise appertaining. 10 HAVE 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 clear of all encumbrances, except unpaid ad valorem taxes not currently due, any easements or restrictions of record applicable to the property, any governments] or ordinances or building codes applicable to the property, if any. Submined electronically by Howard, Stallings, From, Itutson, Atkins, Angell, Davis, P.A. in compliance with North Carolina statutes governii and the terms of the subrnitter agreement with the Brunswick County Register of Deeds. �I'II�'II" II OII II�IIII� III II��I II �II BOOK:4036 PAGE:1316 uzu;r os:zs izaur e<„eav_a,000ru arrr„.rt.co�rrw er o�m, °"q^zo< qriroi IN WITNESS W11FRB017, the Grantor has hereunto set her hand and seal, the day and year first above H'ritten. �L�-�--� R Al.p };, S.AIiCIF;IL, unmarried Ay-Asn S. Brown. Power of Aeomey STATE OF NORTII CAROLINA COUNTY OF NEW HANOVER Y1J�; a N'otary Pubiic in and for the State and Court%, aforesaid, do hereby certify that \' S- BROWN, Attorney -in -Fact for RONALD E. SAUCIER., personally appeared before me this day, and being by me duly swom, says that he executed the foregoing instrument or. 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, intheNew Hanover County Register of Deeds Office; and that this instrument was executed under and by virlue 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 insimment for the purposes therein expressed for and in behalf of said RONALD E. SAUCIER. \1r17T'ESS my hand and notarial seal, this the /-0 de7 o _ arch, 2018. Notblicc My Commission Expires: �. 1 '3 dDdt NOTARY PUBLIC �I�I�I�II�IIII�11111111111111e1111'II 600K:4036 PAGE:1317 08283°oo1 9i e.vle c.aavoione 3iooawiu com, p2epiner o'oeem �.ipe 3o'a FXIT IBII A BEING all of Lots 5, 7 &. 9 as shown on that map entitled "Lots 5-9 — Clairmont Section B Recombination Plat" recorded in Plat Cabinet 34, Page 252,Bruns«2ck 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, NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALL OF LOT 9 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLAT" RECORDED IN MAP BOOK 34. PAGES 252 OF THE BRUNSWTCK COUN-TY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUN"lY PIN 3107-o6-47-4738, BENG FURTHER DESCRIBED AS FOLLOWS: BEGLNNiN'G AT AN IRON PIPF FOUND ON THE NORTHERN MARGIN OF NC MGHWAY 17/74/76 BEING NORTH 74027,191, EAST A DISTANCE OF 59.SS' FROM A NCDOT RIGITT-OF-Ni'AI' MONU\iLNT, THENCE NORTH 10'133*41" EASTA DISTANCE OF 590.52' TO ANIRON PIPE FOUND; TI IENCE WITH THE LAND OF'rHOMAS FRANKLLV (DEED BOOK 847, PAGE 511) THE FOLLOWING FIVE (5) COURSES; SOUTH 51°42'49" EAST A DISTANCE OF 113.88' TO AN IRON PIPE FOUND; SOUTH 8403441" 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 FOUNT); SOUTH 072221" EAST A DISTANCE OF 102.80''rO AN IRON PIPE FOUND; SOUTH 55o27'28" EASTA DISTANCE OF 104.90' TO AN IRONPIPE, FOUND: THENCE WITH LOT 5 OF MAP BOOK 34, PAGE 252 SOUTH 10`17'51"\VESTA DISTANCE OF 109.19' TO AN IRON ROD SET: THENCE WITH LOT 7 OF MAP BOOK 34, PAGE 252 THE FOLLOWING SIX (6) COURSES: SOUTH 74°26'21" REST A DISTANCE OF 187.98' TO AN IRON ROD SET; NORTH 15°33'39" WEST A DISTANCE OF 27.50' TO AN- IRON ROD SET: SOUTH 740262V WEST A DISTANCE OF 40.00' TO AN IRON ROD SET; SOUTH L5°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 MON ROD SET; SOUTH 15034'04" EAST A DISTANCE OF 46.10' TO AN IRON ROD SET ON THE RIGHT OF WAY OF THE HIGHWAY; THENCE SOUTH 74026'23" WEST A DISTANCE OF 152.36' TO AN IRON PIPE" FOUND WHICH IS THE POINT OF BEGINNING. HA%TNG AN AREA OF 144,572 SQ. FT. OR 3.319 .ACRES MORE' OR LESS, AS SHOWN ON THAT SURVEY ENTITLED "ALT.A/N'SPS SURVEY FOR: 111 THOMAS GARST I-ANE LOTS 5,7 & 9 —PB 34, PG 352" DATED MARCH 28. 2018 BY PARAMOUNTE ENGINEERING. LOT 7. MAP BOOK 34, PG 252: BEING A CERTAIN PARCEL OR 'TRACT OF LAND IN THE TOWN OF LELAND- NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALL OF LOT 7 AS DEPICTED ON THAT MAP ENTTLED "LOTS 5-9- CLAIRMONT SECTION B-RECOMBINATION PLAT" RECORDED IN MAP BOOK 34. PAGES 252 OF THE BRUNSWICK COUNTY REGISTER OF DEEDS AND FURTTIFR DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-4595, BEING FURTHER 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 017 15236' FRONI .AN IRON PIPE FOUND BEING THE SOUTTIRVESTERN CORNER OF LOT 9 AS SHORT ON MAP BOOK. 34, PAGE 252; THENCE WITH LOT9 OF %kP BOOK 34, PAGE 252 THE FOLLOWING SIX (6) COURSES; NORTH 15-34'04" WEST A DISTANCE OF 46.10' FO AN IRON ROD SET: NORTH 7402621" EASTA DISTANCE OF 8594' TO AN IRON ROD,SET; NORTH 15033'39" "TEST A DISTANCE OF 27.50' TO AN IRON ROD SET; NORTH 7402621" EASTA DISTANCE OF 40.00' TO AN IRON ROD SET; SOUTH 15033'39" LAST A DISTANCE OF 27.50' TO AN IRON ROD SE F; NORTH 74°26'21" EAST A DISTANCE OF 187.98' T'O AN IRON ROD SE'T ON THE BOUNDARY OF LOT 5 OF THIt, AFOREMENTIONED MAP; TI IFNCI-. WITH SAID LOT 5 SOUTH 1001 T53" WEST A DISTANCE OF 51.23' TO AN IRON ROD SET ON THE NORTHERN \1ARGIN ON NC HIGHWAY 17/74/76; THENCE WITH SAID MARGIN SOUTH 74026'21" WEST A DISTANCE 017 291.57T'O AN IRON ROD S17T WHICH IS THE POINT 01' BEGINNING. FLAVING AN AREA OF 15; 057 SQ. FT. OR 0.346 ACRES MORE OR LESS, AS SHORT ON THAT Sl'•RVEY ENTITLED "ALT.A/NSPS SURVEY FOR: III THOMAS GARST LANE PP -AB 41E4353,'1 IIIIII'II�I�IIIIII"III'II II'III"II BOOK:4036 PAGE:1318 082fis3'oL8 B B�en�a e,.Clennunns 3�uns.v¢l Caw.q 4eCiver ot�eew P.,qe-oa LOTS 5J & 9 — P13 34, PG 352" DATED MARCH 28, 2018 BY PARA,MOUNTE ENGINEERING. LOT5, MAP 1300K 34, 1'G 252: BFING A CERTAIN PARCEL OR TRACT OF LAND IN THE 'TOWN OF LELAND, NORTHWEST TOWNSHIP, BRUNSWICK COUNTY. -NORTH CAROLINA BEING FURTHER DESCRIBED AS BEING ALI. OF LOT 5 AS DEPICTED ON THAT MAP ENTITLED "LOTS 5-9- CLA RMONT SECTIOiN B-RECOMBINATION PLAT" RECORDED N MAP BOOK 34. PAGES 252 OF THE BRUNSWICK COUN-FY REGISTER OF DEEDS AND FURTHER DESIGNATED AS BRUNSWICK COUNTY PIN 3107-06-47-6696, BEING FURTHER DESCRIBED AS FOLLOWS: BEGI;v WING AT AN IRON PIPE FOUND ON THE (NORTHWESTERNCORNER OF LOT 5 AS SHOWN ON MAP BOOK 34, PAGE 252 AND BEING THE EASTERN MOST CORNER OF LOT 9 OF THE \LAP. BEING SOUFH 55027128" EAST A DISTANCE OF 104.90' FROM AN IRON PIPE FOUND BEING A CORNER OF LOT 9 AS SHOWN ON MAIN' BOOK 34, PAGE 252; THENCE WITH THE LANDS OF THOMAS FRiNKLIN (DEED BOOK 847, PAGE 511) THIN: FOLLORT'G TWO (2) COURSES; NORTH 8100417" EAST A DISTANCE 017 34.2470 AN IRON PIPE FOUND; SOUTH 3V56,01" EAST A DISTANCE OF 102.08'T0 AN IRON ROD SF.T; THFVCE SOUTH 11010'41" WEST A DISTANCE. OF 47.55 'TO AN IRON ROD SET ONTHE N'OR'FHERN MARGIN OF NC HIGHWAY 17/74/76; THENCE WITH SAID NUUWN SOUTH 74'26'21" REST A DISTANCE OF 111.36'TO AN IRON ROD SET; THENCE WITH LOT 7 OF MAP BOOK 34. PAGE 252 NORTII 1001751" EAST A DISTANCE OF 51.23 "FO 2V,' IRON ROD SET; TH ENCE W ITH LOT 9 OF MAP BOOK 34, PAGE. 252 NORTH 10° 1 T51" EASTA DISTANCE OF 109.19 *TO AN IRON PIPE FOUND WHICH IS THE POINT OF BFGI\KING. HAVING AN AREA OP 12,070 SQ. FT. OR 0.277 ACRES MORE OR LESS, AS SHOWN ONTHAT SURVEY ENTITLED "ALTA/NSPS SURVE]' FOR: III THO__\1AS CARST LAME LOTS 5.7 & 9 — PB 34. PG 352" DATED MARCH 28, 2018 BY PARANIOUNTE ENGNEER.NG. 'I OGET HER 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 - i1038BCO25 (Lot 9) Parcel ID -=.'.'038BC031 (Lot 7) Parcel ID - tt038BCO28 (Lot 5) PPAA 4194352v7. / N eoet 15796 huN k lage $5$ 01,1 a$nonuernaos 33:z.:JlOu, ert A.1i775 ' Legend Geearal NPWI ¢as:..9 i,a,. by the a of Registration etf000L coD. L.1 I c. • s/e' Pme, by the Register of Deeds of 0WI / 5 .,. le, wm xa<r ram rw rat en as o ePoxscav L.: 6 x the Y 1 ete; LDI 9 6 SIIC _• Zr,trcOwlu.gr0w. _ a. 0'. _ 03BBc035 et Pu loan 9. BM ywge'66' a. ✓1 / 'e R1 F o s 36< p9. 916 f Certificate of OwoershiD and Dedication e9oa. Is Deq, Rso e Ir um 1 9On, in.... n pm 0wur Vicinity Mop '"'"^^"°^'<'°°<""• 10 (No 5 ale) mD w d 1. ^tea... DIn , ':n) c : Alt l4 oLa ne�m Certi6ante of Accuracy Slate of North Carolina Ta<n of Leland e� w. i m`oeen0,1. nii, - 0 , .. oe / Lot 9 / u+e�wein',r,� ye�e�rm�• In, o.. uve ..mew maw 'n (Lot 9-10 be / •v .._... sr. Dr redefined) / Craphi< Scaie - .�wQA . <•o �H�x: w a - CAL �•l = Dees IM] Pry< 9x9 / (cot 8-to be / seek - ew araa—D.m em.,..a e, cae Im _ r�„'`,�"A * •'4 d/ / lnwn nF I—lr<R.`u'C—elmw l0 65. :99 Av a„e.[11.11, 1E / o..a 9.i o�eq.... •l,t.e y in, .10.e a1 NOR.'I LB'Ot.:l / (LOredefined) 7-to be .. rat m. o.,D... er I—r—, ",m. e tC v 1 k ID 1 nsP of d < 9rrnwa corrcr anlN and ldIni dd �•9..<w. e.e � ro w.a l:so3rNlalm sand meeum - 5 IalarY rtYl Rrri r'S I r6 C(I I �S/ S/ 0'M'E a D' '"° vew GN'�cer 9 to / d/ ii a"J• .a (Lot 6-to be obondoned) Certificate of Appromi for Recording / / "1 s ,nwcoro� Uses in. ptfi..r..e Dler m... .. / _':_ / ic.mm t xo°o sr. slr.z' a -oq < fO n„ / we do / o<ewzx6 le 5 r::zl,rp r. a< J .° /® f, ,. IIe new in 9.r.. o.Iw eoas: vq za marr emir do' Ac< - / A<,..n , E- / / • :d :+ .11 r Dint us. 1 aq. 1n Eas ent/ c n. .,r.rore in,Y �. 1J3.J6' en L/ Cx91]) s71111n'w q. in J6 511.).o'w [s i/'<Lne U 5' / IWy$. 17174 176 (Piitnk R/w) Ot Ne. M`nl Cheat: WITHERSRAVENEL Jrowr6> Lots us9 — Clairmont Section B ENGINEERS I PLANNERS I SURVEYORS=neekee By uw y. nd Brunswick County / North Corolino WRon E, Saucier DY`}NlUfbl _ / J040 .i9htaWle Avenue, Suite 101, Wilmington, North Caroline 28A03 scam: 165 Vision Drive Town of Lellc areum.Ur rs. zoos Wlmingion, NC 28403 Tell. 910.286.9277 fax 910.256.2584 Sneer ) of , R e e o m b i n a t i o n Pict w. w i th ers ra ven el. coat gap ,ZS..I 40/-30-2404& //.241."3/ j4/+! .Z/ 00 SOSID: 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 §5713-2-20 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. 1.The name of the limited liability company is: Excel Leland Properties, LLC (See Item lof the Instructions for appropriate entity designation) 2. 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 all 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 3. _. The name of the initial registered agent is: Kim (pock Capacity ❑Member ❑Q Organizer ❑Member ❑Organizer ❑Member ❑Organizer 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 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 New Bern State: NC Zip Code: 28561 County: Craven 6. Principal office information: (Select either a orb.) EC E R�� . a. [;�] The limited liability company has a principal office. JUN 2 O 2016 The principal office telephone number: 252-288-5181 f Y: 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 mailing address, if different from the street address, of the principal office of the company is: Number and Street: P.O. Box 12886 City: New Bern State: INC Zip Code: 26661 County: craven b. ❑ The limited liability company does not have a principal office. 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 Name 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 Beth 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. Type and Print Name and Title Signature Type and 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. Ipock Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 John Zachary Everhart Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 WendyT. Stallings Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 ry OMB NO.2502-0265 A U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1.E]FHA 2.QFmHA 3.[]CONV. UNINS. 4.QVA 5.E]CONV. INS. 6. FILE NUMBER: 52173.001LELANO 7. LOAN NUMBER: 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. 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 PLACE OF SETTLEMENT 2918 Trent Road New Bern, NC 28562 I. SETTLEMENT DATE: March 29, 2018 Disburse:04/02/18 J. SUMMARY OF BORROWER'S TRANSACTION 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 Property 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 TO 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. City/Town Taxes to 406. City/Town Taxes to 107. County Taxes to 407. County 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 money 501. Excess Deposit See Instructions 202. PrincipaLknount of New Loans 1,875.000.00 502. Settlement Charges to Seller Line 1400 I 865,351.11 203. Ebstin loans taken subject to 503. EAstin 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. 1 207. 507. 208. SELLER FINANCING 187,500.00 508. SELLER FINANCING 187,500.00 209. 509. Adjustments For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. City/Town Taxes to 510. CItyfTown 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 04/03/18 19.89 512. PERSONAL PROPERTY 01/01/18 to 04/03/18 19.89 213. 513. 1 214. FtR1 Rl- fl Q Lm 1 514. 1 215. 515. 1 216. U q q 516. 217. q11 .Ill % LU 10 q Il 517. WIRE FEE PP PROCEEDS to Howard,Stallin s,From, 25.00 218. q q qJJ 518. 219. u a "" 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 FROM/TO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. GrossAmount 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 ( 2,503,593.92 303. CASH( XFROM) ( TO)BORROWER 79,729.20 603. CASH( TO)( FROM)SELLER 0.00 PW2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ @ % FWD FROM BORROWER'S FUNDSAT SETTLEMENT MD FROM SELLER'S FUNDSAT SETTLEMENT Division of Commission (line 700) as Follows' 701. to 702, t0 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. Apo. Fee to 807. Assumption Fee to 808. BANK LOAN FEE to WELLS FARGO BANK, N.A. POC:B6000.00 809. 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 monthsper month 1002. Mortgage Insurance months @ $ per month 1003. CityTown Taxes months @ $ per month 1004. County Taxes months @ $ per month 1005. PERSONAL PROPERTY months @ $ per month 1006. months @ $ per month 1007. months @ $ per month 1008. months @ $ per month 1100. TITLE CHARGES 1101. Settlement or Closing Fee to 1102. Abstract or Title Search to 1103. Title Examination to 1104. E-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,AtWns,Angell & Davis, PA 3,600.00 indudes above item numbers: 1108. Title Insurance to Investors Title Company #201852560MC 2.120.001 (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. City/CountyCity/County Tax/Stamps: Deed : Mortgage 1203. State TaYJStam 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 County Register of Deeds 26.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to PARAMOUNTE ENGINEERING #18189.PE-1 4,125.00 1302. Pest Inspection 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 10,310.50 865,351.11 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 THE AMOUNT OF $861,488.11 TO SPECNINE, INC. Application Completeness Review Checklist Project Name: S G i_2 (cry�_J% Date Delivered to WIRO: , !iCvw i Project County/Location: BIMS Received/Accepted Date: � _1Yc> 9-6 *BIMS Acknowledged Date: Rule(s): ®2017 Coastal ®2008 Coastal ®1915 Coastal MPhase II ❑Universal EJ1988 Coastal Permit Action: New / Maior Mod / Minor Mod / Renewal ransfer **New Permit #: Permit Type: HD / LID LD Over ll / HD &LD Combo xisting Permit : (,zj O �3 General Permit / Offsite xempt / Rescission E Cert on File? SCM Type(s): 70ffsite to SWB: Development Type: Commercial / Residential / Other I Master PE Cert on File? For New or Transferred Permits Permittee is: Stream Class: Elp-roPerty Owner(s) Developer ❑Lessee ®Purchaser ®HOA EISA Map ®ORW Map Paperwork Emailed Engineer on: r-Tupplement(s) (1 original per BMP) FIO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) rnAplication with correct/original signatures orp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report [:]$505 (within 6mo) Check#(s): ®No Fee Soils Report: w/SHWT or General Report Calculations (signed/sealed) Deed Restrictions, if subdivided: *Signed & Notarized Template Covenants Email Address: Design Engineer QE ail Address: Property Owner ®Deed Email Address: Lessee Lease Agreement Email Address: Purchaser Egru-rch Agreement Email Address: Developer Email Address: HOA Representative Recorded Plats E-150% or more Lots Sold List Project Narrative EIUSGS Map Plans 172 Sets Wetlands: Delineated or No Wetlands Vicinity Map F iProject Boundaries ❑Legend Layout (proposed BUA dimensions) 7DA Maps FiDetails (roads, cul-de-sdcs; curbs, sidewalks, BMPs, Buildings, etc) Existing Conditions Landscape Plan Grading FiPE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet L **FOR NEW Projects -Enter New Permit # on Supplements & Deed Restiction Templates. a //evQ6 Xb `✓e 11ce- G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_20180313 GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910)442.7870 FAX (910) 799-6659 To: Christine Nelson NC Division of Water Qualitv 127 Cardinal Drive Ext. Wilmington, NC 28405 LETTEf: OF T111A. NSMI= DATE 1o/16/1 IOBNO. 2012-0018 MENTION Christine Nelson PHONE k RE: SPEC - Leland SW8 051143 WE ARE SENDING YOU ❑Attached ❑ Under separate cover Via ❑ Fee Check ❑ 0&M Agreements ❑ Plans ❑ Calculations ® Certification ❑ ❑ BMP Supplements❑ COPIES DESCRIPTION 1 Stormwater Certification THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ® For your 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: El Resubmit copies for approval El Submit copies for distribution ❑ Return corrected prints COPYTO: File SIGNED: - Garry S. Pape, P.E. ff enclosures am not as noted, kindly notify us at once RECD 0GT 19 2013 ! IV 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(algsi)-consulting.com] 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(abncdenr.aov] Sent: Thursday, September 05, 2013 9:03 AM To: Garry Pape Cc: Lisa Winchell (lisa(cbspeckids.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 parties unless the content is exempt by statute or other regulation. From: Garry Pape rmailto:gpape(algsp-consulting.com] Sent: Thursday, September 05, 2013 8:28 AM To: Nelson, Christine Cc: Lisa Winchell (Iisa0)speckids.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 [gpape@gsp-consulting.com] 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.00v] Sent: Thursday, September 05, 2013 9:03 AM To: Garry Pape Cc: Lisa Winchell (lisa(alspeckids.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 parties unless the content is exempt by statute or other regulation. From: Garry Pape rmailto:ooaoe(ogsp-consulting.com] Sent: Thursday, September 05, 2013 8:28 AM To: Nelson, Christine Cc: Lisa Winchell (lisac&speckids.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 GarryS. Pape, P.E. GSP CONSULTING, PLLC 6626 Gordon Road Unit C Wilmington, North Carolina 28411 Mobile: 910-442-7870 Fax:910-799-6659 14pape@psi)-consulting.com