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HomeMy WebLinkAboutSW8060608_Historical File_20100728MA 4 A+�1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 28, 2G10 Mr. Chris S. Williard, Vice President REDUS NC Coastal, LLC 8540 Colonnade Center Drive, Suite 111 Raleigh, NC 27615 Subject: Name Change / Ownership Change The Villages at Turtle Creek Phases I and II Stormwater Permit No. SW8 060608 Pender County Dear Mr. Williard: On July 21, 2010, the.Wilmington Regional Office received a request for transfer of ownership of the Stormwater Management Permit for the subject project. On July 26, 2010 additional supporting information was submitted to verify the authorization of the proposed Permittee's ownership of the subject property. Staff of the Division of Water Quality has inspected the project and a Notice of Violation (Nov-2009-PC-0865) was issued. On July 21, 2010 a Plan of Action from Mr. Chris Williard of REDUS for permit compliance was received by this Office. The proposed plan of action has been accepted and must be followed to bring this project into compliance with the Stormwater permit requirements. According to the Plan of Action, the inspection deficiencies will be completed by August 21, 2010. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement. By acknowledging receipt of the permit, notation of undertaking responsibilities of the Permittee in the cover letter, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division of Water Quality in the Wilmington Regional Office at the phone number below. Please replace the old second page of the permit with the enclosed updated page. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shaii be performed in accordance with the Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 A7On,.et, 1 Phone: 910-796-72151FAX 910-350-20041Customer Service; 1-077.623-6748 1�1oft 1Carc)lina Internet: www.nrwaterqualihr.org �Q't�r���� An Equal Opportunity 1 Affirmative Action Fmpinyer j State Stormwater Management Systems, Permit No. SW8 060608' The issuance of this approval 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 prior to construction. If you have any questions concerning this matter, please do not hesitate to call Angela Hammers or me at (910) 796-7215. Sincerely, Georgette cott Stormwater Supervisor Division of Water Quality GDS\akh: S:\WQS\STORMWATER\PERMIT\060608.ju110 cc: William Gus Simmons, Jr., PE (Cavanaugh & Associates) Pender County Building Inspections Angela Hammers; WiRO; Central Files Page 2 of 3 State Stormwater Management Systems Permit No. SW8 060608 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Chris S. Williard and REDUS NC Coastal, LLC The Villages at Turtle Creek Phases l and 11 NC 210 & Lodge Hall Rd, Surf City - Pender Countv FOR THE construction, operation and maintenance of 7 infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 30, 2016, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 &1.7 on pages 3 & 4 of this permit. The subdivision is permitted for 71 lots; each allowed the maximum amount of built - upon area specified in Section 11.15 of this permit. The stormwater systems have been designed toandle the foliowin2g amounts of impervious area: 1A-1 @'11,025 ft2; 1A-2 @6,875 ; 1A-3 @2,361 ft ; B @339,953 ft ; 1 C @137,639 ft2, 1 D-1 @21,851 ft2; and 1 D-2 @46,652 ft2. Basins #1 B and #1 C must be operated with a 50' vegetated filter. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built -upon area within each permitted drainage area of this project must be directed into the permitted stormwater control system. State Stormwater Management Systems Permit No. SW8 060608, F 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 6. The following design elements have been permitted for the infiltration basin stormwater facilities, and must be provided in the system at all times. Units Basin Basin Basin Basin Basin Basin Basin 1 A-1 1A-2 1A-3 1 B 1 C 1 D-1 1 D-2 Drainage Area 29,988 16,454 7,072 752,249 283,381 38,304 80,666 Onsite ft2 29,988 16,454 7,072 752,249 283,381 38,304 80,666 Offsite 0 0 0 0 0 0 0 Total BUA 11,025 6,75 2,361 339,953 137,639 21,850 46,652 Lot BUA 0 0 0 188,569 84,875 8,565 19,770 Roads/Parking ft2 8,876 5,238 1,697 113,771 36,273 9,648 21,997 Sidewalks 2,149 1,637 664 37,613 22,809 3,637 4,885 Other 0 0 0 0 4,682 0 0 Offsite 0 0 0 0 0 0 0 Basin Depth Feet 0.75 1.25 1.25 5.5 2.25 2.25 2.05 Design Storm Inches 4.5 4.5 4.5 1.5 1.5 4.5 4.5 SHWT FMSL 29.0 28.0 28.0 19.0 10.0 24.0 23.7 Bottom Elevation FMSL 31.0 30.0 30.0 21.0 .12.0 27.0 25.70 Surface Area Bottom ft2 6,025 2,208 1,085 4,802 9,377 2,790 6,534 Storage Volume W 4,879 3,331 1,757 56,450 26,859 9,450 17,335 Storage/Bypass Elevation FMSL 31.75 31.25 31.25 26.5 14.25 29.25 27.75 Expected Infiltration Rate in/hr 0.52 0.52 0.52 4.0 3.0 2.6 2.6 Time to Draw Hours 16 28 20 27 7 13 12 Down Type of Soil Woodington Fine Sandy Onslow Sandy Loam Loam Receiving Becky's Creek Stream River Basin Cape Fear Stream Index 18-87-8 Number Classification of "SA;HQW' Water Body II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. State Stormwater Management Systems Permit No. SW8 060608 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built - upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. The bioretention area may not be used as a sediment and erosion control device once the planting soil has been placed. 5. 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. 6. The permittee shall submit to the Director and shall have ieceived 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. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control- Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 8. The Director may determine that other revisions to the project should require a modification to the permit. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. Access to the stormwater facilities shall be maintained via appropriate easements at all times. State Stormwater Management Systems; Permit No. SW8 060608 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior transfer of the permit, the stormwater facilities will be inspected by DWQ 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. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and. piping. g. Access to all components of the system must be available.at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060608, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is as follows: State Stormwater Management Systems Permit No. SW8 060608 Lot # . Max BUA Lot # Max BUA' . Lot # Max. BUA - Lot # Max. BUA Lot # Max. BUA 1 4,152 16 3,731 31 3,659 46 4,176 61 4,187 2 4.152 17 3,695 32 ,633 47 4,165 62 4,189 3 41152 18 3,676 33,602 48 4,149 63 4,187 4 4,152 19 4,211 34,601 t3,59999 49 4,226 64 4,195 5 4,300 20 4,269 35 50. 4,145 65 4,187 6 4,186 21 4,350 36 4,151 51 4,152 66 4,187 7 3,668 22 4,161 37 4,480 52 4,151 67 4,187 8 3,608 23 4,165 38 3,849 53 4,151 68 4,187 9 3,607 24 4,162 39 3,828 54 4,1.51 69 4,183 10 3,607 25 40 4,022 55 4,147 70 4,186 11 3,517 26 41 4,255 56 4,166 71 4,186 12 4,156 27 3,681 42 4,087 57 4,165 72 4,232 13 3,692 28 3,672 43 3,829 58 4,213 73 4,289 14 3,776 29 31668 44 4,128 59 4,253 15 3,691 30 3,664 45 4,425 60 4,189 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not. limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. 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. State Stormwater Management Systems; Permit No. SW8 060608 III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 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. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 28th day of July 2010. IT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission IWA WDENR North Carolina Department of Environment and Natural ReSol Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director STATE STORMVHATER PERMIT NAME/OWNERSHIP CHANGC rull1m I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: Sw8 060608 2. Project Name: The Villages at Turtle Creek Phases I and II 3. Current Permit Holder's Company Name/Organization: Dilsheimer Communities of NC, LLC 4. Signing Official's Name: Mr. JB Dilsheimer Title: (person legally responsible for permit) 5. Mailing Address: 401 City Ave., Suite 710 City: Bala Cynwyd State: PA Zip: 19004 6. Phone: (_ N/A Fax: L_) N/A II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: REDUS NC Coastal, LLC 2. Proposed permittee's signing official's name: Mr. Chris S. Williard 3. Proposed permittee's Title: Vice President 4. Mailing Address: 8540 Colonnade Center Drive, Suite 111 City: Raleigh State: NC Zip: 27615 Phone: L919 ) 278-1313 Fax: (919 ) 278-1329 5. New Project Name to be placed on permit:The Villages at Turtle Creek Ph 1 and 2 Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev16Nov2009 Page 1 of 4 Ill. REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION *** See Note Below *** Please check one of the following statements: ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit. I, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. ❑ Check here if Current Owner is transferring (selling) the properly to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Division approves it. Signature: 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) ***Note*** Current permittee relinquished property through foreclosure. Notary Signature SSW N/© Change Revl6Nov2009 Page 2 of 4 Jul, ZI. 1UiU 10;I9AM lio. Vi J6 n 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) Chris Williard for 1, LLC , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and inspected the.permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I. attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with. the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that 1 have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permlttee. I further acknowledge and agree that 1 will construct and/or operate and maintain the system per the requirements listed in the. permit and i the Opper ion and Maintenance agreement. Nc Signature: Date: 7 zi Li a Notary -Public for. the State of, Al �'"oAll 0 , County of , pf4��e, , do hereby certify that personally appeared before me this the Zf day of -41 , 20_L(__, and acknowledge the due exe_ cution-of the forgoing instrument. Witness my hand and official seal, _ _ Seal No ary Signature FRVAN P MONEFIy O Nord► C�mraron Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change R90 6Nov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections Il and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: State: (if different from street address) State: Fax: Zip: Zip: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner I, County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Revl6Nov2009 Page 4 of 4 SECRETARY'S CERTIFICATE. REDUS PROPERTIES, INC. 1, Brenda S. Bradley, Assistant Secretary of REDUS Properties, Inc., (the "Corporation"), hereby certify that the following resolution was duly adopted at a meeting of the sole shareholder of the corporation on October 23, 2008, and that the same is reflected in its corporate records: Resolution Regarding Officer Authority and Execution of Documents RESOLVED, that the President and any Vice President (however designated), Managing Director, Director, Associate or persons holding other such equivalent titles with the Corporation, or any one of said officers., together with the Secretary or any Assistant Secretary of the Corporation, if required, be and they are hereby fully authorized to sign, execute, acknowledge, verify, deliver or accept on behalf of and in the name of the Corporation, all agreements, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, undertakings, petitions, schedules, accounts, affidavits, bonds, proxies, and other instruments or documents (collectively, hereinafter referred to as "Documents") that may arise in connection with or relate to the conduct of the business of the Corporation; provided, however, that where required, any Document shall be attested by one of said officers other than the officer executing such Document; and provided, further, that any Document may also be executed, acknowledged, verified, delivered, or accepted on behalf of the Corporation in such other manner and by such other officers as the Board or other governing body of the Corporation may from time to time direct; and provided, further, that the provisions of this resolution are supplementary to any pertinent provisions of the Corporation's governing documents. Except as may otherwise be required by law, any such Documents executed and delivered as aforesaid shall be binding on the Corporation and shall be deemed to be authorized by the board or other governing body. The President and any Vice President, (however designated), Managing Director, Director, Associate or persons holding other such equivalent titles shall have, by virtue of their office, the authority from time to time to act as an Assistant Secretary of the Corporation, and to such extent, said officers are appointed to the office of Assistant Secretary; RESOLVED FURTHER, that to the extent necessary, desirable or convenient in connection with the execution and delivery of any Document that may arise in connection with or relate to the conduct of the business of the Corporation, a duly elected Managing Director of the Corporation may execute and deliver a Document as a Senior Vice President of the Corporation, a duly elected Director of the Corporation may execute a Document as a Vice ]'resident of the Corporation, and a duly elected Associate of the Corporation may execute a Document as an Assistant Vice President of the Corporation; and RESOLVED FURTHER, that any and all actions heretofore or hereafter taken or caused to be taken by the appropriate officers of the Corporation within the terms of the foregoing resolutions be, and the same hereby are, approved, ratified, and confirmed. I FURTHER CERTIFY that the following individuals are duly elected officers of the Corporation, holding the titles set forth opposite their name: Bill Honaker Vice President Christopher S. Williard Vice President 1N WITNESS WHEREOF, I have set my hand and the corporate seal of the Corporation this 14,h day of July, 2010. p ;i^ at too �''•�...:...• �� ':yam 'aW ,,., Document Number: 785196 Brenda Bradley RECEIVE Assistantt Secretary REDUS Properties, Inc. teZv. uL. Hammers, Angela From: William Simmons[gus.smmons@cavanaughsolutions.com] Sent: Monday, July 26, 2010 3:50 PM To: Hammers, Angela Subject: Turtle Creek Documents Attachments: REDUS Incumbency-Honaker and Williard.pdf, DCNC - Pender.pdf Angela; Please find, attached, the documents we discussed this afternoon for Turtle Creek. Thank you for your assistance and cooperation. Please let me know if you need anything else. Thanks! Regards, LAVA N AU G H William G. "Gus" Simmons, Jr., P.E. Vice President, Director of Engineering Cavanaugh & Associates, P.A. 130 N. Front Street, Suite 202 Wilmington, North Carolina 28401 (910) 392-4462 (910) 392-4612 fax (910) 619-0072 mobile www.cavanauahsolutions.com � �In EPA ,w WaterSense PARTNER RECEIVED JUN 2 6 1010 BY: Date: 7/21 /2010 Job No. Attn.: Ms. Angela Hammers Ref.: Villages at Turtle Creek - Phase 1 and 11 CAVANAU G H Solutions through integrity and partnership RECT JUL 21 2010 HAND DELIVER TO: Ms. Angela Hammers We are sending you: NCDENR &0 Attached 127 Cardinal Drive Extension d Under Separate Cover VIA Wilmington, NC 28405 The Following Rem(s): 0 Shop Drawings d Prints d Tech. Specs. d Copy of Letter d Plans O Submittal Package d Change Order l] Application No. Copies Description 1. Letter to Ms. An ela Hammers f State Stormwater Permit Name/Ownership Change Form 1 Plan of Action 1 Check made out to NCDENR for $40.00 for processing fee Ms. Hammers, If you have any questions upon reviewing the attached, please call me. William G.'Gus" Simmons, Jr., P.E. Vice -President, Director of Engineering These are Transmitted as Checked Below: d For approval d For Your Use ® As Requested d For Review and Comment d Approved as Submitted d Approved as Noted d Returned for Corrections d Revise and Resubmit d Resubmittal d For Distribution Prints d Corrected Prints ��3L % 1 It% Cavanaugh Associates, P.A., 130 N. Front Street, Suite 202, Wilmington, NC 28401 Phone: 910/392-4462 Fax: 910/392-4612 v4vtiv.cavanaughsolutions.com J,(1. 21. 2010 10:19AM No.013ii F. b T heViiiages at Turtle Creek Phase I d II PLAN OF ACTION v FOR PERMIT COMPLIANCE FOR °moo THE VILLAGES AT TURTLE CREED PHASES 1 AND 1 STORMWATER PERMIT SW8 0608 Mod PENDER COUNTY This Plan of Action is developed in response to a Notice of Violation issued by the North Carolina Department of Environment and Natural Resources, Division of Water. Quality, dated June 21, 2010 (Nov-2009-PC-0865). This Plan of Action also is developed subsequent to a compliance inspection of the subject project performed on May 22, 2010 by Ms. Angela K. Hammers. The following items have been identified as non -compliant with the subject permit. Following each statement of non-compliance is a Plan of Action for addressing each item, respectively, with the schedule for completion of any, and all -steps and actions required to address the non- compliant condition: Item 1: Failure to respond to a written request. A notice'of violation letter and inspection report from • DWQ was. sent on October 28, 2010, , notifying the Permittee of the compliance status of this perm. it. This. notice required a written response with a Plan of Action to be submitted to DWQ. This office has not yet received their written Plan of Action. Response: As "October 28, 2010" representsa, date in the future, we assume that the Notice of Violation letter described was sent on October 28, 2009. During this period in time, the subject project was undergoing foreclosure proceedings, it may only be presumed that the former owners of the property, Dilsheimers Communities of North Carolina, LLC., did not respond with a written Plan of Action or otherwise to the Notice of Violation letter. We are sorry to learn that such response was not created and submitted. The�subject project has since been acquired by REDUS NC Coastal, LLC. REDUS NC Coastal, LLC is committed to restoring the compliance of the subject property with all environmental permits, including stormwater permit number SW8 0606 08 Mod. Please accept this Plan of Action as our commitment to taking any and all required steps to return the subject property to compliance. Item 2: Falluro to cortif, the stormwater system: A file review revealed that this office has received a design certificate for infiltration basins 18 and 1C only. It was observed that built - Plan of Action Stormwater Permit No. SW8 060608 Ju1.11. 1111U lU:19RNl No. 0138 �. r The Villages at Turtle Creek Phase I and 11 upon area has been constructed and/or homes are occupied in drainage area 1A (includes Basin 1A1, 1A2, and 1A3); drainage areas 1D (includes Basins 1D1 and 1D2). Response: REDUS NC Coastal, LLC has retained the services of the design engineers, Cavanaugh & Associates, P.A., that assisted the former property owner with the development of engineering designs and construction documents, and assisted with the acquisition of the subject permit. Although several of the designer certificates are outstanding as noted in Item 2 above, Cavanaugh & Associates, P.A. was engaged in observing the construction activities of such infiltration basins and are familiar with the practices undertaken to construct the infiltration basins.. Further, Cavanaugh & Associates, P.A. has been retained to perform a site inspection of the subject infiltration basins to ascertain their as -built condition. Any and all inadequacies determined by Cavanaugh & Associates; P.A. regarding the current operational status of these infiltration basins will be promptly addressed. Once each of these basins are capable of being certified by the designer, such.designer certificates will be completed and submitted to the. Division of Water Quality. Schedule: Any and all actions required to address any.inadequacies will be 66mPlAed' on or before August 21, 2010. Any and all outstanding designer certificates will also be submitted to the Division of Water Quality on or before August 21, 2010. item 3: Failure to'maintain the stormwater system: At all times, the Permittee shall provide the operation and maintenance necessary to"assure the permitted stormwiater system functions at optimum efficiency. It was observed that removal of sediment. plumes, maintenance.of basin side slopes,. and repair of the road areas has not been conducted. As stated in the permit, the approved operation maintenance plan must be followed in its entirety and maintenance must occur at the scheduled intervals, including, but not limited to: • Semi-annual scheduled inspections. • Sediment removal. • Mowing and re -vegetation of side slopes. • Immediate repair of eroded areas. • Maintenance of side slopes in accordance with the approved plan and specifications. • Debris removal and unclogging of the outward structure, orifice device, and catch basins and piping. Response: Many of the items described in Itern 3, above, have already been addressed and necessary repairs made to the stormwater management system. As previously stated, REDUS NC Coastal, LLC has retained Cavanaugh & Associates, P.A. to perform an inspection of the infiltration basins associated with the subject permit to determine any inadequacies that Plan of Action Page 2 of 3 Stormwater Permit No. Sw8 060608 Jui.11. 1U1U IU,1UAM No. U i J6 r. d The Villages at Turtle Creek Phase I and II must be addressed, including any and all repairs required to achieve permit compliance. Schedule: Any and all steps and actions required to return the subject project to compliance will be completed by August 21, 201,0. Wells Fargo is committed to the compliance of The Villages of Turtle Creek Phases I and II with any and all applicable environmental permits. As such, the necessary resources will be devoted to the Plan of Action described herein to achieve satisfactory results and permit compliance within the schedule specified. Submitted this 2111 day of July-. 2010 on behalf of REDUS NC Coastal, LLC: Y L) Chri S. Williard Date Vice President Asset Manager, Real Estate Owned a Notary Public for the- State, of County of _ ©/9✓1qe— do hereby certify that CG, ��s (.Ji i"fir personally appeared before me this the s7 day of 20LL__, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Plan of Action Stormwater Permit No. SW8 060608 (Notary Seal) I IV P MONTOWOrR NOTARY Luc QMV ter. NOM csrouna Page 3 of 3 July 21, 2010 Ms. Angela Hammers NCDENR Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 2805 CAVANAU G H Solutions through integrity and partnership Response to Notice of Violation (Nov-2009-PC-0865) Plan of Action for Addressing Outstanding Stormwater Concerns The Villages at Turtle Creek — Phase 1 and 11 Stormwater Permit No. SW8 060608 Mod Pender County Dear Ms. Hammers; Cavanaugh & Associates, P.A. is in receipt of a Notice of Violation for the subject Stormwater Permit dated June 21, 2010. This Notice of Violation is addressed to Mr. J.B. Dilsheimer of Dilsheimer Communities of North Carolina, LLC. At the time of permit issuance, Mr. Dilsheimer, representing Dilsheimer Communities of North Carolina, LLC was the Permittee and Cavanaugh & Associates, P.A. was, at that time, working for Mr. Dilsheimer in the development of construction documents and support of acquisition of environmental permits for the Villages at Turtle Creek in Pender County. Please note that Cavanaugh & Associates, P.A. received a copy of the Notice of Violation letter as a courtesy copy to Mr. Eric Tomczak, PE. Please note for your records that Mr. Tomczak has not been employed with our firm since January 2008. It is our understanding that Dilsheimers Communities of North Carolina, LLC filed for bankruptcy protection of the subject project. During this time, we understand that certain aspects of the Permittee's responsibilities relative to subject permit may have gone unattended. In 2010, REDUS NC Coastal, LLC acquired the subject property through foreclosure proceedings and are currently working to gather an appreciation for the items requiring attention from the incomplete actions of the former property owner and Permittee. Over the past several months, Cavanaugh & Associates, P.A. has been working with REDUS NC Coastal, LLC and Wachovia Bank to determine the status of all environmental permits and outstanding issues for the subject project. As Cavanaugh & Associates, P.A. was formerly assisting Dilsheimers Communities of North Carolina, LLC with the engineering design, construction document development, and permitting activities associated with the subject property, REDUS NC Coastal, LLC has asked Cavanaugh to assist them in working through any and all outstanding concerns and issues associated with the existing permits for the subject property. In this regard, we are submitting, herewith, a request for transfer of ownership of the subject permit to REDUS NC Coastal, LLC. REDUS NC Coastal, LLC has agreed to undertake the responsibilities of Permittee and rectify any and all outstanding compliance issues and improve the state of repair and operational condition of the stormwater system to be consistent with the aforementioned stormwater permit. In addition to the transfer of ownership, pleased find, attached hereto, a Flan of Action that has been developed to address certain items associated with the state of operation and condition of the stormwater management system serving The Villages of Turtle Creek Phases I and II, including, but not limited to those items described in the aforementioned June 21, 2010 Notice of Violation. On behalf of REDUS NC Coastal, LLC, we appreciate your assistance and consideration in this matter. REDUS NC Coastal, LLC is committed to the expedient resolution of the outstanding concerns regarding the subject stormwater management system as stated in the Notice of Violation and will work swiftly to ensure that the operational condition of the stormwater management system is restored to a manner consistent with the expectations and prescribed conditions of the subject stormwater management permit. Thank you again for your assistance in this matter. If upon receipt and review of this information, you have any questions or would like to discuss this matter at greater length, please do not hesitate to contact me at your earliest convenience. Regards, C AVANAUGH & ASSICIATEW.A. William G. Simmons, Jr., PE Vice -President, Director of Engi Enclosures: 1. STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 2. Plan of Action cc: Mr. John Hennessy, NCDENR, Raleigh Office Mr. Chris S. Wiiliard, Vice President, REDUS NC Coastal, LLC Pender County Building Inspections fllll .14:114:6800011111111 f II 1111111111111111111111 Prevatte IiPAfI4 D.IdP_ 1 Of 4 Prepared by and return to: Brent M. Mllgrom, Jr. Parker Poe Adams & Bernstein LLP Three Wachovia Center 401 S. Tryon Street, Ste. 3000 Charlotte, NC 28202 CONSENT AND SUBORDINATION WACHOVIA BANK, NATIONAL ASSOCIATION, as the holder of a Deed of Trust dated July 11, 2006 and recorded in the Pender County Public Registry ("Registry"} on July 19, 2006, in Book 3006, Page 276 (the "Deed of Trust") and WASLAW, LLC, in the capacity. as Substitute Trustee under the Deed of Trust, hereby consent to the execution, delivery and recording of the instruments more particularly described on the attached Exhibit A (collectively, the "Instruments") and further subject and subordinate the lien of the Deed of Trust to the Instruments such that the foreclosure of the Deed of Trust shall not terminate the Instruments. Wachovia Bank, Notional Association, and WASLAW, LLC, by its authorized officers, has caused this Consent to be executed this day of AC4 2010. [Signature Pages Follow] PPAB 16515970 RECEIVED JUN 2 6 2010 .7-�����11�IIIllllll�Illl�111lllllilllllll�Ilk�15j.!tk2°��° �,0 Prevat 8, 000 Pander CGunty, NC Register of Deeds page Z of a B3 N, Ti T-L-�,,Aa4wAvrA STATE OF 'Pi-G�A COUNTY OF C}' :- (2, ... %-.1" I,a Notary Public of (��� { _ County and State of P�,,,,.���,� do hereby certify that lamas jam► ("Signatory"), nowl sonally came before me this day and ac e that he/skff' is VICE PRESIDENT, *'.',-.of Wachovia Bank, National Association, and that -helshe, as VICE S190. ' l4i ' , being authorized to do so, executed the foregoing instrument on behalf of Waaliovia Bank, National Association. I certify that the Signatory personally appeared before me this day, and (check one of the following) --._.(I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license or in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stamp or seal this ,,,L day oft, , 2010. Z, dwg4, Notafy Public Print Name: & &LrAW,,-,, )Note: Notary Public must sign exlictly as on notary seal) My Commission Expires: fXVZO/2 `v [NOTARY SEAL] (MUST BE FULLY LEGIBLE) C0..j 'i42WyF-.ALTH OF PENNSYLVANIA Nptarfal *mjrina K. Adgsie.ublicwest Pmdshen Twp.. 4wntyM CotriRlfsioo! Exp Memler, aMn WlVptilp ado, of M:des PPAH 1651597v5 IlilllIfIliIIIIIIfillI�llIllilIIIIIIQL ®3 358.3T 4:T4:68.000 Pender Countv, N Realster of psid$y Prevatte page 3 of 4 WASLAW, LLC, a North Carolina limited liability company � i.. MAC � i STATE OF NORTH CAROLINA COUNTY OF I, KA 1' a Notary Public of � ' County, State of ' do hereby certify that C-Ae r; ne_ F . Lwt� (the "Signatory"), who is 1440 rl^Z� of WASLAW, LLC, a North Carolina limited liability company, personally appeared before me this day, by authority duly given, and acknowledged the due execution of the foregoing instrument in the capacity indicated, I certify that the Signatory personally appeared before me this day, and (check one of thefollowing) have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity; by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license or in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that heA& voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stem or seal this )SA day of i a r &J , 2010. N tary Public Print Name: 1 A ' 0 0111111111/teo1 [Mote: Notary public must sighexactly as on notary seal] � �i�- ;Y •a.•. �;5� ` My Commission Expires: pl-i , pi i �sd T A qr 0 ' [NOTARY SEAL] (-MUST BE MIMLY ]LEGIBLE) w Ie • ... i +�, r �BL,IC. V': PPAB 1651597v5 03-30-2010 IIIII II IIII IIII II II IIIIIII i I III3�4e�as4 Prev58.000 e 000 at Pender Countv. NC Realster of Deeds pa4e 4 of 4 Exhibit A Master Declaration of Protective Conditions for The Villages at Turtle Creek, dated August 16, 2006, and recorded August 17, 2006, in Book 3029, Page 010, as amended by Amendment dated April 15, 2008, and recorded April 22, 2008, in Book 3447, Page 241, as further amended in Amendment recorded August 4, 2008, in Book 3503, Page 213, aforesaid records. 2. Supplemental Declaration of Protective Covenants for The Villages at Turtle Creek, dated July 31, 2007, recorded August 7, 2007, in Book 3290, Page 192, as amended by Amendment dated April 15, 2008, and recorded April 22, 2008, in Book 3447, Page 241, aforesaid records. 3. Plat Book 43, Page 43 & 44, Plat Book 44, Page 29, Plat Book 44, Page 60, Plat Book 45, Page 105, Plat Book 45, Page 117, Plat Book 45, Page 139, Plat Book 46, Page 44, and Plat Book 46, Page 104 & 105, aforesaid records. 4. Right of Way Easement recorded August 2, 2007, in Book 3287, Page 255, aforesaid records. 5. Easement Agreement, dated August 3, 2006, and recorded September 8, 2006, in Book 3045, Page 180, as further affected by Addendum to Easement Agreement dated August 29, 2006, and recorded September 8, 2006, in Book 3045, Page 189, aforesaid records. 6. Underground Electric Service and Lighting Agreement, dated March 21, 2007, and recorded April 25, 2007, in Book 3214, Page 152, aforesaid records. 7. Communication System Right -of -Way and Easement Deed, recorded October 23, 2007, in Book 3341, Page 308, aforesaid records. 8. Collateral Assignment of Agreements Affecting Real Estate recorded July 19, 2006, in Book 3006, Page 300. 9. Collateral Assignment of Declarants Rights recorded August 17, 2006, in Book 3029, Page 66. 10. Amendment to Declarations of Protective Covenants for The Villages of Turtle Creek recorded September 30, 2009, in Book 3689, Page 143. PPAB 1651597v5 03 30 201Q lflillilllllllIIjIjtljllll1111111111 k15j.!tk5po4eee3-20, Dnne4a� Ceuncv. Resister of Doods oaoe 1 of 4 DRAWN BY AND MAIL TO: Parker Poe Adams & Bernstein LLP (BMM) Three Wachovia Center 401 South Tryon Street, Suite 3000 Charlotte, NC 28202 STATE OF NORTH CAROLINA COUNTY OF PENDER ASSIGNMENT OF RIGHTS THIS ASSIGNMENT OF RIGHTS ("Assignment") is entered into and effective as of the 312''day of AX-A 2010 by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association ("Wachovia") and REDUS NC COASTAL, LLC, a Delaware limited liability company ("RED US"). WHEREAS, Wachovia entered into the Collateral Assignment of Declarant's Rights recorded in Book 3029, Page 66 in the Pender County Public Registry ("First Assignment"); WHEREAS, DCNC North Carolina I, L.L.C. ("Declarant") entered into a Master Declaration of Protective Conditions for The Villages at Turtle Creek recorded in Book 3029, Page 10 in the Pender County Public Registry (as amended and supplemented, the "Declaration"); WHEREAS, Wachovia is the owner and holder of an A&D Note dated July 11, 2006 in the original principal amount of $5,300,000.00 (the "A&D Note"). For value received, the A&D Note was executed by DCNC North Carolina I, L.L.C. ("Debtor) to Wachovia. WHEREAS, Wachovia is also the owner and holder of a Revolving Note dated July 11, 2006 in the original principal amount of $2,000,000.00 (the "Revolving Note). For value received, the Revolving Note was executed by Debtor to Wachovia. (The A&D Note and the Revolving Note are collectively referred to as the "Notes.") WHEREAS, payment of the Notes is secured by a Deed of Trust and Security Agreement executed by Debtor dated July 11, 1006, recorded in Book 3006, Page 276 of the Pender County Public Registry, conveying certain real property in Pender County to TRSTE, Inc., Trustee, for the benefit of Wachovia (the "Deed of Trust'). The Deed of Trust encumbers certain real PPAB 16560300 /`j 03-30-2010 IIIIIII�IfIIIIIIIIIIIIIIIIIIIIIIIII k3?Sj P0266 14A4.ey Pre 8,eel eacPander County, NC Register of Deeds page 2 of 4 property located in Pender County, North Carolina and is more particularly described in the Deed of Trust (the "Property"). WHEREAS, Debtor defaulted under the Deed of Trust and Notes. Wachovia foreclosed on the Deed of Trust and assigned its foreclosure bid to REDUS and as part of the assignment of bid to REDUS, Wachovia desires to assign to REDUS its rights pursuant to the First Assignment, including, without limitation, the "Declarant's Rights," as defined therein (collectively, "Assigned Rights'; NOW, THEREFORE, in consideration of Ten Dollars in hand paid and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged Wachovia and REDUS agree as follows: 1. Assignment of Rijzhts. Wachovia does hereby grant, sell, assign, transfer, convey and deliver the Assigned Rights to REDUS and its successors and assigns. REDUS hereby assumes all Declarant Rights and Special Declarant Rights as defined in the First Assignment. 2. No Assumption of Prior Declarant's Liability. REDUS shall not be responsible for (and does not assume): (i) any liability arising out of the acts or omissions of any third parties, including, without limitation, Declarant's acts or omissions, or (ii) any of Declarant's obligations or liabilities under the Declaration or the North Carolina Planned Community Act that REDUS is not legally obligated to perform after it becomes the owner of the Property. Notwithstanding any legal presumption to the contrary, REDUS shall not, by reason of its acceptance of this Assignment, be deemed to have accepted any responsibility whatsoever for the control, care, management or repair of the "Property" (as defined in the Declaration) or for any negligence in the management, operation, upkeep, .repair or control of the Property resulting in loss or injury or death to any purchaser or owner of any portion of the Property or any tenant, licensee, employee or stranger. 3. Exercise of Assigned Rights REDUS is hereby irrevocably authorized at REDUS's option, to exercise some or all of the Assigned Rights, including the "Declarant Rights" (as defined in the First Assignment), but REDUS shall have no obligation to elect to exercise such rights. Capitalized terms that are not specifically defined herein have the meaning defined in the First Assignment. TO HAVE AND TO HOLD, the Assigned Rights and all privileges and appurtenances thereto belonging unto REDUS and its successors and assigns. PPAB 16560300 03-313-2010 �IIIIi�I�II� jII�jIjjjIjIIjII IIYe �v �t Pevatte Ponder County, egister of Deeds page 3 of a Wachovia and REDUS have executed this Assignment under seal as of the date first above written. Wachovia: Wachovia B National Association, a national banking ass is n By: Name: Title: vita&�.®;:, STATE OF COUNTY OF I, `� Algeorr a Notary Public of llliscrmCounty and State of syL do hereby certify that I ' ("Signatory"), ersoit�fl.y came before me this day and acicnow edged -that he/.slie—is VICE PRESIDMIT . of Wachovia Bank, National,>. Association, a national banking association, and that heLsl , as � z M- 1` VS"s; . 4 ';,. , being authorized to do so, executed the foregoing instrument on behalf of the association. I certify that the Signatory personally appeared before me this day, and (check one of the following) ::�O(_ (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of - (check one of the following) _ a driver's license or in the form of ), or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this � day of , 2010. PPAB 16560300 0 W Notary Public Print Name: O [Note: Notary Public must sign actly as on notary seal] My Commission Expires: &4/siy a -w [NOTARY SEAL] (MUST BE FULLY LEGIBLE) COMMOMMEALTH OF NNSYLVANIA Notarial seat Hanna r. Adgate, Notary Publto West Goshen TWP.. 0e16er County my commmion lures Aug• 14, 2012 Weiner, Pennsylvania Assodation of Notaries eaasam-am1m IIII�IIIIiIIIIlIIiI I IIIlI11IliI� �3� 4P ma -vat{ . Pander County, NC egister of Deeds page 4 ooy f 4 REDUS: REDUS NC Coastal, LLC, a Delaware limited liability company By REDUS Properties, Inc. its managing partner Name:_ Q t ua Ann 41Q 0 hK-p- Title: N i t-P— -jV7 e-j ba--\T STATE OF NORTH CAROLINA COUNTY OF Q/'gvrq e_ I,4424 , ref , a Notary Public of G�fol0- County and State of North Cara ana, do hereby certify that W ; W0,.q &,qake ("Signatory', personally came before me this day and acknowledged that he/she is f%ic;res;�ev�f of REDUS Properties, Inc., a Delaware company, and that he/she, being authorized to do so, executed the foregoing instrument on behalf of the Iimited liability company. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of - (check one of the following) a driver's license or in the form of ); or _ __ (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this J:& day of Aec, 2010. AW-P, ?. �� Nostaryy PubIff RYAN P MONT60MERY Print Name' NaTARY PUSI IC [Note: Notary Public must sign n] range ex�a�tly �/ f s p notary seal ocounty, North Ina My Commission Expires: � / D try cammta m t:xp w tr 2oio � [NOTARY SEAL] (MUST BE FULLY LEGIBLE) 4 PPAB 16560300 03-30 58.0 83154 P@269 p e1e� tg �Oz pander Countv. NC Resister of Deeds page I of 5 Faye TeacheY prevatte Register of Deeds 03-38-2010 14;14;58.002 pander County, NC NC REVENUE STAMP: $904.00 (#10170} ad�- Oq-1 o-fLf'Ir,'c ..9 70 Grantee confirm the excise is $904.00 Tax Lot No. /Parcel Identifier No. 4225-89-1044 3 Mail after recording to: William L. Esser IV, PARKER POE ADAMs & BERNSI;RIN LLP Three Wachovia Center, 401 South Tryon St. Suite 3000, Charlotte, North Carolina 28202 This instrument was prepared by: PARKER POE ADAMs & BERN TEIN LLP Brief Description For The Index: 2.155 Acre Tract NO 46, Pg. 44, Slide 620, Pender County SUBSTITUTE TRUSTEE'S DEED GRANTOR WASLAW, LLC, Substitute Trustee, a North Carolina limited liability company 120 West Fire Tower Road Post Office Box 8088 Greenville, North Carolina 27835-8088 GRANTEE The Villages at Turtle Creek Homeowners Association, Inc., a North Carolina Non -Profit Corporation c/o Corporation Services Company 1213 Culbreth Drive Wilmington, NC 28405 THE PROPERTY REFERENCED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). 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. THIS DEED, made this day of 2010, by and between WASLAW, LLC, Substitute Trustee under the Deed of Tryst ereinafter mentioned, of Pitt County, North Carolina (the "Grantor"), and The Villages at Turtle Creek Homeowners Association, Inc. (the "Grantee"); WITNESSETH: WHEREAS, on July 11, 2006, DCNC North Carolina 1, L.L.C. (the "Debtor"), executed and delivered an A&D Note (the "A&D Note") evidencing its indebtedness to Wachovia Bank, National Association ("Wachovia") in the original principal amount of $5,300,000.00; and PPA13 16578044 03-30-2010 Illllllill11llllllllll11loll 1111111 Fa �eachey Prevatte°@z Pender County, NC Register of Deeds Page 2 of S WHEREAS, on July 11, 2006, Debtor executed and delivered a Revolving Note (the "Revolving Note") evidencing its indebtedness to Wachovia in the original principal amount of $2,000,000.00 (the A&D Note and the Revolving Note are collectively referred to as the "Notes'); and WHEREAS, Debtor executed a Deed of Trust and Security Agreement dated July 11, 2006 and recorded in Book 3006, Page 276 of the Pender County Public Registry (the "Deed of Trust"), conveying certain real and personal property, including the property conveyed herein (the "Property") in Pender County to TRSTE, Inc., Trustee, for the benefit of Wachovia to secure the Note; and WHEREAS, WASLAW, LLC was substituted as Trustee by a Substitution of Trustee recorded in .Book 3562, Page 304 of the Pender County Public Registry; and WHEREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Grantor, by the owner and holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the Deed of Trust and sell the real and personal property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and WHEREAS, under and by virtue of the power and authority in it vested by the Deed of Trust and according to the terms and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of Pender County in that certain FORECLOSURE PROCEEDING, entitled 09-SP-19, whereupon the Assistant Clerk of Superior Court of Pender County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at 11:00 a.m. on January 6, 2010, did expose the Property for We at public auction at the Pender County Courthouse and the Property was sold along with other property secured by the Deed of Trust as reported in six (6) separately filed reports of sale; and WHEREAS, Grantor duly reported the sales to the Clerk of Superior Court for Pender County on January 6, 2010 whercin Wachovia was the highest bidder for the Property with a total combined bid (for the Property and the other property secured by the Deed of Trust) of $2,670,000.00 (the "Credit Bid', and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, Wachovia assigned the Credit Bid to REDUS NC Coastal, LLC, a Delaware limited liability company ("REDUS") pursuant to the Assignment and Assumption of Foreclosure Bid filed with the Clerk of Superior Court for Pender County; WHEREAS, REDUS was assigned certain rights as a "Declarant" pursuant to an Assignment of Rights from Wachovia to REDUS recorded in the Pender County Public Registry; WHEREAS, exercising the Declarant right to convey Common Area to Grantee pursuant to Section 4.11 of the Master Declaration of Protective Conditions for the Villages at Turtle Creek recorded in Book 3029, Page 10, REDUS hereby directs Grantor to convey the Property to Grantee; NOW, WHEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in it by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real and personal property: (a) the real property lying and being in the County of Pender, State of North Carolina more particularly described in Exhibit A attached hereto and incorporated herein by reference; PPAB 1657804v4 03-50-2010 111111! Jill 11111111111111 Ills III1�7�4T4P0271 4V4t5E002 der County. NC sai9isr of page 3 of 5 (b) the personal property, lying and being in the County of Pender, State of North Carolina and being located upon the real property described in Exhibit A attached hereto and incorporated herein by reference; SUBJECT TO any and all prior liens, unpaid taxes, special assessments, restrictions, easements of record, and other encumbrances, if any. TO HAVE AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor, as Substitute Trustee, is authorized and empowered to convey. The Property is specifically conveyed "AS IS, WHERE IS." Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. [signature on next page] PPAB 1657804v4 03 30 2010 lll�l Ulilllii1i111Illllilll�ll1454 P0272 VBtta0O2 s n.. 4 of a IN WITNESS WHEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set its hand and affixed its seal on the day and year rst above written. WASLAW, LLC, Substitute Trustee e", By:.Y Name: / j.r \ e. 'ej 9 i-tj 15 Title: RuAo r.'t"-w ' tic 120 West Fire Tower koad Post Office Box 8088 Greenville, North Carolina 27835-8088 Telephone: (252) 215-4018 STATE OF NOF-XH ROMN COUNTY OF 1 t - a NotaryQ lic of r County and State of North Carolina, do hereby certify that ' _LeAj 0,Sig story"}, personally came before me this day and acknowledged that he/ is 4,4-A i e of WASLAW, LLC, a North Carolina limited liability company, and that he/she, being authorized to do so, executed the foregoing instrument on behalf of the limited liability company. 1 certify that the Signatory personally appeared before me this day, and (check one of the following) (i have personal knowledge of the identity of the Signatory); or (1 have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of. - (check one of the following) _ a driver's license or in the form of or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that�pvoluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this d day offho—ML, 2010. 0 TA �..: _ i m _ A Lgi.tC C� �'•••....•••'°• G' PPAB 1657804A it Print Name: K L-& b=e C- (Note. Notary Public must sib My Commission Expires: `w [NOTARY SEAL] (IMUST r actas on notary seal] FULLY LE 1131 E) A. 11111 IIjljj11111I1l1111111111111111;O P0273 Ps�attie002 Penderounty. NC Reaaster of Deeds Daae 5 of 5 Exhibit A Legal Descriotion Topsail Township, Surf City, Pender County, North Carolina: Being all of the tract of property depicted as the "Amenity Area" containing 2.155 acres as shown on that map recorded in Map Book 46, at Page 044, Slide 620, Pender County Registry, reference to which map is hereby made for a more particular description. PPAB 16578040 r ReK500prevatte 008 Pander County, NC gister of Deeds page 1 of 13 Faye Teachey Prey+atte Register of Deeds 03-30-2010 14:14:58.003 Pander County, NC NC REVENUE STAMP: $4428.00 (#10172) The nkrffnZi`* Grantee confirm the excise I Tax Lot No. /Parcel Identifier No. See attached 4 Mail after recording to: William L. Esser IV PARKER .POE ADAMs & BERNSTETN LLP Three Wachovia Center, 401 South Tryon, Suite 3000, Charlotte, North Carolina 28202 This instrument was prepared by: PARKER POE ADAMs & BERN_ STEIN, LLP Brief Description For The Index: Various Tracts within The Villages at Turtle Creek SUBSTITUTE TRUSTEE'S DEED GRANTOR WASLAW, LLC, Substitute Trustee, a North Carolina limited liability company 120 West Fire Tower Road Post Office Box 8088 Greenville, North Carolina 27835-8088 GRANTEE REDUS NC Coastal, LLC, a Delaware limited liability company 123 South Broad Street, 7" Floor Philadelphia, Pennsylvania 19109 THE PROPERTY REFERENCED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). 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. THIS DEED, made this ojY day of C (, _ 2010, by and between WASLAW, LLC, Substitute Trustee under the Deed of Trust hereinafter mentioned, of Pitt County, North Carolina (the "Grantor"), and REDUS NC COASTAL, LLC (the "Grantee"); WITNESSETH: WHEREAS, on July 11, 2006, DCNC North Carolina 1, L.L.C. (the "Debtor"), executed and delivered an A&D Note (the "A&D Note") evidencing its indebtedness to Wachovia Bank, National Association ("Wachovia") in the original principal amount of $5,300,000.00; and PPAB 1647823v2 1 5 �3754 P07�8 e4:14:6e 3 �I�II er I�II1I1li��,ll1111111111111er f Deed�Tpage yZ o{eta WHEREAS, on July 11, 2006, Debtor executed anddelivered a Revolving Note (the "Revolving Note") evidencing its indebtedness to Wachovia in the original principal amount of $2,000,000.00 (the . A&D Note and the Revolving Note are collectively referred to as the "Notes"); and WHEREAS, Debtor executed a Deed of Trust and Security Agreement dated July 11, 2006 and recorded in Book 3006, Page 276 of the Pender County Public Registry (the "Deed of Trust"), conveying certain real and personal property, including the property conveyed herein (the "Property") in Pender County to TRSTE, Inc., Trustee, for the benefit of Wachovia to secure the Note; and WHEREAS, WASLAW, LLC was substituted as Trustee by a Substitution of Trustee recorded in Book 3562, Page 304 of the Pender County Public Registry; and WHEREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Grantor, by the owner and .holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the .Deed of Trust and sell the real and personal property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and WHEREAS, under and by virtue of the power and authority in it vested by the :Deed of Trust and according to the terns and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of Pender County in that certain FORECLOSURE PROCEEDING, entitled 09-SP-19, whereupon the Assistant Clerk of Superior Court of Pender County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at 11:00 a.m. on January 6, 2010, did expose the Property for sale at public auction at the Pender County Courthouse and the Property (along with other property secured by the Deed of Trust) was sold as reported in six (6) separately filed reports of sale; and WHEREAS, Grantor duly reported the sales to the Clerk of Superior Court for Pender County on January 6, 2010 wherein Wachovia was the highest bidder for the Property with a total combined bid (for the Property and the other property secured by the Deed of Trust) of $2,670,000.00 (the "Credit Bid"), and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, Wachovia assigned the Credit Bid to Grantee pursuant to the Assignment and Assumption of Foreclosure Bid filed with the Clerk of Superior Court for Pender County; NOW, THEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in it by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real and personal property: (a) the real property lying and being in the County of Pender, State of North Carolina more particularly described in Exhibit A attached hereto and incorporated herein by reference, LESS AND EXCEPT the property described on Exhibit B attached hereto and incorporated by reference. (b) the personal property lying and being in the County of Pender, State of North Carolina being located upon or appurtenant to the real property described in Exhibit A attached hereto and incorporated herein by reference; SUBJECT TO any and all prior liens, unpaid taxes, special assessments, restrictions, easements of record, and other encumbrances, if any. PPAB 1647823v2 I II1 I 83794 P0279 14a3a 6a. 00a Jill ��III Faye ieaohey Prevatte Pender County, NC Register of Deeds page 3 of t8 TO HAVE AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor, as Substitute Trustee, is authorized and empowered to convey. The Property is specifically conveyed "AS IS, WHERE 1S." Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. [signature on next page] PPAB 1647823v2 IIII����� lid 111 IlII II �� 11I I Itll IIl 3�54,P0z8� Prevatte003 Pander County. MC Reatster of Deeds Pace 4 of 13 IN WITNESS WHEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set its hand and affixed its seal on the day and year first above written. WASLAW, LLC, Substitute Trustee By: %� 1 Name: ('i K L i Title: 120 West Fire Tower Road Post Office Box 8088 Greenville, North Carolina 27835-8088 Telephone: (252) 2154018 STATE OF NO TH CAROLINA COUNTY OF ` r �� _ I i, , a Notary Public of 1 County and State of North Caroli , do hereby certify that t S ("Signatory"), personally came before me this day and acknowledged that he/she is 12 ",�.�� of WASLAW, LLC, a North Carolina limited liability company, and that he/she, being authorized to do so, executed the foregoing instrument on behalf of the limited liability company. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal -identification with the Signatory's photograph in the form of: (check one of the following) _ a driver's license or _ in the form of ), or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me thatlk voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this aOk day of , 2010. � gER L Y /��iy •......... 0 �� Vk0T16g o :mw ;• 410 .•r' f O PFA33 1647$23v2 '/,'`'���&N IJlll- Print Name: [Note: Notary Public must si My Commission Expires: - `w [NOTARY SEAL] (MUST aql� as on notary seal] FULLY L GBL IEI iill lllll 11 lilllillliliiiil IIIPoiegPrevatte8003 County. NC Reaister of Deeds of 13 Exhibit A Legal Description TRACT A: 6.725 Acre Tract on U.S. Highway 17 Topsail Township, Pender County, North Carolina Commencing at a set magnetic nail in the centerline intersection of N.C.S.R. 1537 (Man Holloway Church Road, a 60' right-of-way) and U.S. Highway 17, thence leaving said centerline intersection North 75 degrees 24 minutes 56 seconds East 454.16 feet to an existing iron pipe Iocated in the eastern right-of- way line of U.S. Highway 17, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 49 minutes 22 seconds East 528.42 feet to an existing iron pipe located at the common corner of the Nellie Moore property as per Deed Book 456, Page 216 and the Gloria J. Dearmas and Norman E. Shepard property as per Deed Book 997, Page 140, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 24 minutes 12 seconds East 326.22 feet to an existing iron pipe located at the western corner of the Oston G. Hardison and wife Jaqueline D. Hardison property as per Deed Book 754, Page 755, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 30 minutes 27 seconds East 129.95 feet to an existing iron pipe located at the common corner of the said Oston property and the Will R. Tate and wife Maria A. Tate property as per Deed Book 746, Page 148, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 50 minutes 15 seconds East 123.51 feet to an existing iron pipe located at the northern corner of the said Tate property, and being the TRUE POINT OF BEGINNING: thence from the above described true point of beginning Ieaving the said eastern right-of-way line of U.S. Highway 17 and with the said Tate line South 49 degrees 12 minutes 43 seconds East 199.90 feet to an existing iron pipe, thence continuing with the said Tate line South 64 degrees 19 minutes 47 seconds West 123.77 feet to an existing iron stake located in the northern corner of the Oston G. Hardison and wife, Jaqueline D. Hardison property as per Deed Book 724, Page 61, thence with the northeastern Oston line South 49 degrees 18 minutes 00 seconds East 129.40 feet to an existing iron pipe, thence continuing with the said Oston line South 49 degrees 08 minutes 23 seconds East 100.00 feet to a point located in the northern corner of the Oston G. Hardison and wife Jaqueline D. Hardison property as per Deed Book 913, Page 192, thence with the northeastern Oston Line South 49 degrees 05 minutes 24 seconds East 100.38 feet to a point located in the common corner of the said Oston property and the McCager Batts property as per Deed Book 927, Page 250, thence with the northeastern Batts line South 49 degrees 05 minutes 06 seconds East 906.62 feet to a set iron rod located in the western line of the Floyd Hufham property, thence with the said Hufham line North 30 degrees 45 minutes 24 seconds East 234.36 feet to an existing iron pipe located at the common corner of the said Hufham property and the James D. Dixon property as per Deed Book 403, Page 151, thence leaving the said Hufham Iine and with the said Dixon line North 49 degrees 04 minutes 06 seconds West 503.60 feet to point, thence continuing with the said Dixon line North 49 degrees 01 minutes 01 seconds West 790.52 feet to an existing iron pipe located in the said eastern right-of-way line of U.S. Highway 17, said existing iron pipe being located South 49 degrees 31 minutes 04 seconds West 111.99 feet from N.C.G.S. Monument "Flea 1984" having a northing of 263,180.4808 and an easting of 2,425,229.362, thence leaving said existing iron pipe and with the said eastern right-of-way line of U.S. Highway 17 South 64 degrees 11 minutes 29 seconds West 100.26 feet to a right-of-way disk, thence continuing with said eastern right-o-, way line of U.S. Highway 17 South 64 degrees 11 minutes 29 seconds West 29.53 feet to an existing iron pipe, the point and place of beginning. Being a portion of the property described in Deed Book 1009, Page 254 of the Ponder County Registry, Containing 6.725 acres, as surveyed by Charles Francis Riggs, P.L.S. L-2981 on July 19, 2005. The courses contained within are correct in angular relationship and are referenced to NAD 83. PPAB 1647823v2 I III I I (I f 0A-34 8� 003 � � ! 1+1� � ! li II �I� jk7jVFBk2Prevatte Pander Countv. NC Reoister of of 23 TRACT B: 151.185 Acre Tract on Atkinson Loop Road & N.C. Highway 210 Topsail Township, Pender County, North Carolina Commencing at an existing Parker-Kalon nail in the centerline intersection of N.C.S.R. 1536 and N.C. Highway 210, thence leaving said centerline intersection and along the centerline of N.C. Highway 210 South 87 degrees 46 minutes 35 seconds West 506.08 feet to an existing magnetic nail located in said centerline of N.C. Highway 210, thence leaving said centerline of N.C. Highway 210 North 01 degrees 06 minutes 57 seconds West 32.74 feet to an existing iron pipe located in the northern right-of-way line of N.C. Highway 210, said point also being the southeastern property corner of the Myra T. Rochelle and Husband, James L. Rochelle, Jr. property as per Deed Book 416, Page 64 of the Pender County Registry, and also being the TRUE POINT OF BEGINNING: thence from the above described true point of beginning and leaving said northern right-of-way line of N.C. Highway 210 and with the eastern Rochelle line North 21 degrees 43 minutes 27 seconds West 571.12 feet to a point located in the southeastern property corner of the David Wilson Justice, Sr. property as per Map Book 32, Page 132, of the Pender County Registry, thence with the eastern Justice line North 20 degrees 5I minutes 02 seconds West 307.12 feet to a point located in the southeastern property corner of the Stephen Ross Justice, Jr. and Wife, Paula Denise Justice property as per said Map Book 32, Page 132, thence with a portion of the eastern Justice line North 20 degrees 51 minutes 02 seconds West 193.33 feet to an existing iron pipe, thence continuing with a portion of the said eastern Justice line and with the eastern line of the Haywood B. Lancaster property as per Map Book 32, Page 90 of the Pender County Registry, North 37 degrees 39 minutes 12 seconds West 471.86 feet to a point, being the southeastern property corner of the Lisa P. Thompson, James P. McKay, Jr., and David L. Sharpe and wife Susan M. Sharpe, property as per said Map Book 32, Page 90, thence continuing with the eastern Thompson, McKay, and Sharpe line North 36 degrees 55 minutes 47 seconds West 3728.20 feet to an existing iron pipe located in the centerline of Ring Branch, thence with the centerline of Ring .Branch the following courses and distances: South 67 degrees 32 minutes 19 seconds East 91.91 feet, South 49 degrees 47 minutes 06 seconds East 192.09 feet, South 53 degrees 44 minutes 49 seconds East 216.37 feet, South 43 degrees 41,minutes 35 seconds East 340.87 feet, South 80 degrees 14 minutes 33 seconds East 571.89 feet, South 74 degrees 43 minutes 29 seconds East 113.86 feet, South 89 degrees 59 minutes 46 seconds East 398.30 feet, North 83 degrees 12 minutes 25 seconds East 375.13 :feet, North 65 degrees 46 minutes 43 seconds East 182.92 feet, North 72 degrees 12 minutes 44 seconds East 69.85 feet, North 87 degrees 24 minutes 59 seconds East 17.72 feet, South 89 degrees 34 minutes 59 seconds East 280.27 feet, South 75 degrees 58 minutes 24 seconds East 266.15 feet, South 72 degrees 58 minutes 01 seconds East 118.76 feet, South 47 degrees I I minutes 12 seconds East 85.98 feet, South 43 degrees 49 minutes 51 seconds East 153.11 feet, South 63 degrees 40 minutes 15 seconds East 108.14 feet, South 26 degrees 12 minutes 48 seconds East 159.23 feet, South 18 degrees 36 minutes 23 seconds West 192.24 feet, South 04 degrees 01 minutes 30 seconds West 126.20 feet, South 38 degrees 58 minutes 44 seconds East 177.53 feet, South I 1 degrees 40 minutes 57 seconds East 339.50 feet, South 1 I degrees 59 minutes 46 seconds West 360.00 feet, South 42 degrees 18 minutes 26 seconds East 332.30 feet, South 53 degrees 13 minutes 48 seconds East 6.16 feet, North 87 degrees 57 minutes 02 seconds East 134.30 feet, South 07 degrees 34 minutes 27 seconds West 125.75 feet, South 57 degrees 45 minutes 33 seconds West 69.34 feet, South 06 degrees 16 minutes 32 seconds East 114.82 feet, South 21 degrees 50 minutes 48 seconds West 81.50 feet, South 03 degrees 00 minutes 32 seconds East 92.63 feet, South 64 degrees 20 minutes 05 seconds East 41.10 feet, North 80 degrees 52 minutes 37 seconds East 52.64 feet, North 23 degrces 42 minutes 46 seconds East 31.86 feet, North .58 degrees 33 minutes 57 seconds East 93.33 feet, North 89 degrees 41 minutes 05 seconds East 78.04 feet, South 18 degrees 49 minutes 14 seconds East 60.18 feet South 23 degrees 20 minutes 53 seconds East 53.83 feet, South 16 degrees 18 minutes 32 seconds West 32.79 feet, South 25 degrees 14 minutes 09 seconds West 71.19 feet, South 09 degrees 38 minutes 51 seconds East 77.81 feet, South 70 degrees 07 minutes 30 seconds East 32.42 feet, South 15 degrees. 47 minutes 41 seconds West 114.58 feet, South 13 degrees 38 minutes 35 seconds West 43.85 feet, South 15 degrees 32 minutes 30 seconds East 49.36 feet, South 06 degrees 24 minutes 52 seconds West 96.02 feet, South 69 degrees 47 minutes 24 seconds West 101.37 PPAB 1647823v2 IIIIIIIiIIIIIIIIIIIIBIIIIIIIIIIIIIIII B3?�P0283 eva!lema3 Ponder County, NC Realoter of Deeds page 7 of 13 feet, South 64 degrees 37 minutes 08 seconds West 108.06 feet, South 03 degrees 12 minutes 06 seconds West 51.61 feet, South 27 degrees 41 minutes 15 seconds West 98.66 feet, South 19 degrees 40 minutes 42 seconds East 52.08 feet, South 48 degrees 29 minutes 46 seconds West 76.26 feet, South 64 degrees 20 minutes 40 seconds East 25.20 feet, South 42 degrees 07 minutes 47 seconds East 69.24 feet, South 35 degrees 10 minutes 00 seconds East 44.93 feet, South 39 degrees 35 minutes 51 seconds .East 39.65 feet to a point located in the northern right-of-way line of N.C.S.R. 1536 and being a southern corner of the Shelia Atkinson Slater property as per Map Book 22, Page 35 of the Pender County Registry, thence leaving Ring Branch and along the northern right-of-way line of N.C.S.R. 1536 and along a curve to the left: having a radius of 430.0I feet which has an are length of 265.70 feet and a chord bearing and chord of South 19 degrees 44 minutes 08 seconds West 261.50 feet to a point, thence continuing with said northern right-of-way line of said N.C.S.R. 1536 and along a curve to the right having it radius of 473.74 feet which has an arc length of 25497 feet and a chord bearing and chord of South 21 degrees 05 minutes 09 seconds West 251.90 feet to a point, thence continuing with said right-of-way line, now being the western right-of-way line, of N.C.S.R. 1536 South 54 degrees 00 minutes 18 seconds West 132.30 feet to a point located in the intersection of the western right-of-way of N.C.S.R. 1536 and the northern right-of-way line of N.C. Highway 210, thence leaving the said right-of-way intersection and with said northern right- of-way line of N.C. Highway 210 South 88 degrees 23 minutes 10 seconds West 298.01 feet to a point, thence continuing with said northern right-of-way line of N.C. Highway 210 South 85 degrees 24 minutes 16 seconds West 238.87 feet to the point and place of beginning. Being the First Tract and the Third Tract of the property described in Deed Book 328, .Page 449 of the Pender County Registry. Containing 151.185 acres, as surveyed by Charles Francis Riggs, P.L.S. L-2981 on September 30, 2004. The courses contained within are correct in angular relationship and are referenced to NAD 83. TRACT C: BEING ALL of that tract containing 20.487 acres, more or less, lying in Topsail Township, Pender County, North Carolina; said tract being more particularly described by courses and distances according to a survey dated July 7, 2005, by Charles Francis Riggs, P.L.S. L-2981, as follows: Commencing at a set magnetic nail in the centerline intersection of N.C.S.R. 1537 (Man Holloway Church Road, a 60' right-of-way) and U.S. highway 17, thence leaving said centerline intersection North 75 degrees 24 minutes 56 seconds East 454.I6 feet to an existing iron pipe located in the eastern right-of- way line of U.S. Highway 17, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 49 minutes 22 seconds East 528.42 feet to an existing iron pipe located at the common corner of the Nellie Moore property as per Deed Book 456, Page 216 and the Gloria J. Dearmas and Norman E. Shepard property as per Deed Book 997, Page 140, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 24 minutes 12 seconds East 326.22 feet to an existing iron pipe located at the western corner of the Oston G. Hardison and wife Jaqueline D. Hardison property as per Deed Book 754, Page 755, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 30 minutes 27 seconds East 129.95 feet to an existing iron pipe located at the common corner of the said Oston property and the Will R. Tate and wife Maria A. Tate property as per Deed Book 746, Page 148, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 50 minutes 1.5 seconds East 123.51 feet to an existing iron pipe located at the common corner of the said Tate property and the Vernon Clayton property as per Deed Book 1009, Page 254, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees I 1 minutes 29 seconds East 29.53 feet to a right-of-way disk, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees I I minutes 29 seconds East 100.26 feet to an existing iron pipe located at the common corner of the said Clayton property and the James D. Dixon property as per Deed Book 403, Page 151, said iron pipe being located South 49 degrees 31 minutes 04 seconds West 111.99 feet from N.C.G.S. Monument "Flea 1984" having a northing of 263,180.4808 and an easting of 2,425,229.362, thence leaving said existing iron pipe and continuing with the said eastern right-of-way line of U.S. Highway 17 North 63 degrees 23 minutes 40 seconds East PPAB 1647823v2 II I fill it 11 III I I I I Ili I I I I III III II I III k��54 4 e� t 003 Pender Countv. NC Reaister of Deeds page 8 of 13 138.73 feet to an existing iron pipe located at the common corner of the said Dixon property and the Gloria J. Dearmas property as per Deed Book 997, Page 137, thence leaving the said eastern right-of-way line of U.S. Highway 17 and with the said Dearmas line South 48 degrees 56 minutes 14 seconds East 1219.47 feet to an existing iron pipe, and being the TRUE POINT OF BEGINNING: thence from the above described true point of beginning and with the said Dearmas line North 30 degrees 45 minutes 24 seconds East 131.86 feet to an existing drive -shaft located at the southern corner of the Lester Bryant Shepard property as per Deed Book 1394, Page 146, thence with the Shepard line North 30 degrees 45 minutes 24 seconds East 50.88 feet to a set iron rod located in the western corner of Lot I of the Solomon Hardison Estate, as per Map Book 31, Page 90, thence leaving the said Shepard line and with the southern line of said Lot I and Lot 2 of the Solomon Hardison Estate South 54 degrees 48 minutes 59 seconds East 389.83 feet to an existing iron rod located at the southern corner of Lot 2, thence continuing along the said Hardison Estate line South 54 degrees 48 minutes 59 seconds East 700.67 feet to an existing iron rod located in the southern line of the Nettie Hardison property as per Deed Book 1428, Page 265 and Map Book 31, Page 90, thence with the said Hardison line South 54 degrees 48 minutes 59 seconds East 422.16 feet to a set iron rod located in the centerline of Ring Branch, thence leaving the said Hardison line and with the said centerline of Ring Branch the following courses and distances: South 72 degrees 12 minutes 44 seconds West 18.36 feet to a point, thence South 65 degrees 46 minutes 43 seconds West 182.92 feet to a point, thence South 83 degrees 12 minutes 25 seconds West 375.13 feet to a point, thence North 89 degrees 59 minutes 46 seconds West 398.30 feet to a point, thence North 74 degrees 43 minutes 29 seconds West 113.86 feet to a point, thence North 80 degrees 14 minutes 33 seconds West 571.89 feet to a point, thence North 43 degrees 41 .minutes 35 seconds West 110.91 feet to a point located at the southern corner of the Gloria J. Dearmas and Norman E. Shepard property as per Deed Book 997, Page 140, thence leaving the said centerline of Ring Branch and with the eastern Dearmas and Shepard line North 30 degrees 45 minutes 24 seconds East 257.32 feet to an existing iron pipe located at the common corner of the said Dearmas and Shepard property and the McCager Batts property as per Deed Book 927, Page 250, thence with the eastern Batts line North 30 degrees 45 minutes 24 seconds East 115.58 feet to a set iron rod Iocated at the common corner of the said Batts property and the said Clayton property, thence with the eastern Clayton line North 30 degrees 45 minutes 24 seconds East 234.36 feet to an existing iron pipe located at the common corner of the said Clayton property and the said Dixon property, thence with the eastern Dixon line North 30 degrees 45 minutes 24 seconds East 128.14 feet to an existing iron pipe, the point and place of beginning. Containing 20.487 acres, as surveyed by Charles Francis Riggs, P.L.S. L-2981 on July 7, 2005. The courses contained within are correct in angular relationship and are referenced to NAD 83. For reference purposes for source of title, see: (1) Book 367, Page 605; (2) Book 214, Page 135; and (3) Book 2, Page 191, Pender County Register of 'Deeds. TRACT D: BEING ALL of that tract containing 68.459 acres, more or less, lying north of North Carolina Highway 210 in Topsail Township, Pender County, North Carolina; said tract being more particularly described by course and distances according to a survey dated June 20, 2005, by Charles Francis Riggs, P.L.S. L-2981 as follows: Commencing at an existing Parker Kalon nail in the centerline intersection of N.C.S.R. 1536 and N.C. Highway 210, thence leaving said centerline intersection and along the centerline of N.C. Highway 210 South 87 degrees 46 minutes 35 seconds West 506.08 feet to an existing magnetic nail in said centerline, thence leaving said centerline North 01 degrees 06 minutes 57 seconds West 32.74 feet to an existing iron pipe in the northern right-of-way line of N.C. Highway 210, thence leaving said northern right-of-way line North 21 degrees 43 minutes 27 seconds West 571.12 feet to an existing iron pipe, thence South 66 degrees 05 minutes 56 seconds West 279.83 feet to an existing iron pipe and being THE TRUE POINT OF BEGINNING: thence from the above described true point of beginning South 66 degrees 45 minutes 28 seconds West 346.69 feet to an existing iron pipe, thence North 36 degrees 31 minutes 33 seconds PPAB 1647823v2 II�IIII�III III III koismprovatte®s3 ender Countv. NC Register of Deeds page 9 of 13 West 2,996.93 feet to a set iron rod, thence North 36 degrees 30 minutes 59 seconds West 1,316.52 feet to an existing concrete monument, thence North 35 degrees 02 minutes 10 seconds East 758.66 feet to an existing iron pipe, thence South 36 degrees 46 minutes 44 seconds East 3,730.65 feet to an existing iron pipe, thence South 67 degrees 02 minutes 42 seconds West 288.55 feet to an existing iron pipe, thence South 37 degrees 33 minutes 32 seconds East 372.99 feet to an existing iron pipe, thence South 24 degrees 29 minutes 13 seconds East 600.43 feet to an existing iron pipe and being the point and place of beginning. Containing 68.459 acres as surveyed by Charles Francis Riggs, P.L.S. L-2981 on June 20, 2005. The courses contained within are correct in angular relationship and are referenced to NAD I983. The above described tract is subject to a 100' Powerline Easement as shown on Map Book 32, Page 90 of the Pender County Registry. BEING ALSO PART OF THE PROPERTY described in that deed recorded in Book 1513, Page 175 of the Pender County Registry; and TRACT E: Lying and being in Topsail Township, Pender County, North Carolina, and being more particularly described as follows: Beginning at a new iron pipe in the Southeastern right of way line of U.S. 17; 50 feet from the centerline thereof, said Beginning point being located South 43 degrees 49 minutes 45 seconds East 43.52 feet from the common corner of Lot 3 and Lot 4 within the bounds of U.S. 17 as shown on a map entitled "Map of Survey for .Tames D_ Jacobs" as recorded as an Exhibit attached to the deed from Mary N. Dawson, Widow, to James D. Jacobs and Norman E. Shepard recorded in Book 479 at Page 8 of the Pender County Registry; said beginning point also being located South 62 degrees 58 minutes 51 seconds West 239.50 feet from N.C. Geodetic Survey Traverse Station Flea which has N.A.D. 83 Grid Coordinates of North 80,217.57.1 meters and .East 739,211.388 meters, said station Flea being located South 59 degrees 36 minutes 25 seconds West 1677.715 feet from N.C. Geodetic Survey Traverse Station Clennie, (bearing and distance equality, Clennie to Flea, N.C. Grid, N.A.D. 83, South 54 degrees 03 minutes 27.5 seconds West 511366 meters or 1677.706 feet); running thence, from said beginning point with the dividing line between Lot 3 and Lot 4 as shown on the above mentioned map, South 43 degrees 49 minutes 45 seconds East 200.00 feet to a new iron pipe; running thence, South 69 degrees 40 minutes 42 seconds West 123.85 feet to an existing iron stake in the dividing line between Lot 2 and Lot 3 as shown on the above mentioned map; running thence with said dividing line, North 43 degrees 46 minutes West 200.00 feet to a new iron pipe in the above mentioned Southeastern right of way line of U.S. 17, said new iron pipe being located South 43 degrees 46 minutes East 26.27 feet from the common corner of Lot 2 and Lot 3 within the bounds of U.S. 17 as shown on the above mentioned map, said new iron pipe also being located a chord bearing and distance along the above mentioned right of way line of North 69 degrees 50 minutes 15 seconds East 129.93 feet from an existing iron pipe at the most Northern corner of Lot 1 or Tract "A" as shown on the above mentioned map; running thence from the above described last mentioned new iron pipe, with the above mentioned Southeastern right of way line of U.S. 17, an irregular curve to the left to the beginning point, said beginning or ending point being located a chord bearing ,and distance of North 69 degrees 43 minutes 00 seconds East 123.66 feet from the preceding or last mentioned new iron pipe. The above described parcel contains approximately 0.5211 Acre and is a portion of the above mentioned Lot 3. The above description was prepared by Johnie C. Garrason, Register Land Surveyor, No. L-1347 from a new survey dated November 15, 1989 of the lands conveyed from J.F. Jacobs and wife, Caroline Jacobs to C.A. King in Book 215 at Page 514 and subsequently from Pender County to James D. Jacobs and wife, Rena B. Jacobs in Book 508 at Page 134. Being also that parcel of land conveyed to Will R. Tate and wife, Maria A Tate from James D. Jacobs and wife, Rena B. Jacobs; Harry Dean Batts (single); and Curlena Batts Clayton (widow) (Said Rena B. Jacobs, Harry Dean Batts and Curlena Batts Clayton PPAB 1647823v2 {I!IIIItlIIII 1111111Jill 1113 5 !a� P '3-36104 5to 8 003 Pander Countv, NC Register of Deeds page 10 of 18 being the only children and sole surviving heirs of Lister Batts) by that deed recorded in Book 746 at Page 148 of the Pender County Registry, For reference purposes r"or source of title, see: (1) Book 72, Page 168; (2) Book 84, :Page 488; (3) Book 215, Page 514; (4) Book 344, Page 500; (5) Book 508, Page 134; (6) Book 704, Page 125; (7) Book 746, Page 148; and (8) Book 2851, Page 299, Pender County Register of Deeds. TRACT F: Being all of that portion of land containing 0.512 acres, more or less, as shown on that certain map recorded in Map Book 4I, Page 112, Slide 557, Pender County Registry, North Carolina, reference to which made for a more particular description. PPAB 1647823v2 @11LI111111111Jill 111111111111111113754 P62s7 P �tt�003 County. NC Reasster of Deeds page 11 of 13 EXHIBIT B LESS and EXCEPT: 1- Property conveyed in Deed Book 3295, Page 235: Being all of Lot 3, Phase I -A of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at .Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 2. Property conveyed in Deed Book 3312, Page 110: Being all of .Lot 5, Phase I -A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 3. Property conveyed in Deed Book 3319, Page 188: Being all of Lot 1, Phase 1-A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 4. Property conveyed in Deed Book 3329, Page 033: Being all of Lot 11, Phase 1-A, of The Villages of Turtle Creek as shown on that map recorded in Map Book 45, at Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 5. Property conveyed in Deed Book 3368, Page 045: Being all of Lot 30, Phase I -B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 6. Property conveyed in Deed Book 3374, Page 242: Being all of Lot 34, Phase I -A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 7. Property conveyed in Deed Book 3379, Page 137: Being all of Lot 6, Phase 1-A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at Page 043 of the Pender County Registry, reference to which map is hereby made for a more particular description. 8. Property conveyed in Deed Book 3381, Page 132: Being all of Lot 24, Phase 1-B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 45, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 9_ Property conveyed in Deed Book 3406, Page 146: Being all of Lot 38, Phase 1-B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. 10. Property conveyed in Deed Book 3414, Page 001: Being all of Lot 20, Phase I-C, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 11. Property conveyed in Deed Book 3429, Page 012: Being all of Lot 22, Phase I -B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. 12. Property conveyed in Deed Book 3430, Page 307: Being all of Lot 27, Phase I-B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. PPAB 1647823 v2 03 30-2010 vimpprevatte003 ender Countv. N ftaister of Dds page 2 of 13 13. Property conveyed in Deed Book 3432, Page 268: Being all of Lot 19, Phase I -C, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 14. Property conveyed in Deed Book 3449, Page 091: Being all of Lot 32, Phase i -A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 104 of the Pender County Registry, reference to which map is hereby made for a more particular description. 15. Property conveyed in Deed Book 3458, Page 240: Being all of Lot 29, Phase 1-B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particulardescription. 16. Property conveyed in Deed Book 3462, Page 187: Being all of Lot 28, Phase 1-B, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. 17. Property conveyed in Deed Book 3465, Page 003: Being all of Lot 12, Phase I-C, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 18. Property conveyed in Deed Book 3477, Page 298: Being all of Lot 2, Phase I -A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 104 of the Pender County Registry, reference to which map is hereby made for a more particular description. 19. Property conveyed in Deed Book 3485, Page 162: Being all of Lot 18, Phase 1-C, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 20. Property conveyed in Deed Book 3492, Page l 17: Being all of Lot 4, Phase 1-A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 104 of the Pender County Registry, reference to which map is hereby made for a more particular description. 21. Property conveyed in Deed Book 3494, Page 337: Being all of Lot 21, Phase I -C, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 044 of the Pender County Registry, reference to which map is hereby made for a more particular description. 22. Property conveyed in Deed Book 3508, Page 132: Being all of Lot 8, Phase I -A, of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 104 of the Pender County Registry, reference to which map is hereby made for a more particular description. 23. Property conveyed in Deed Book 3521, Page 055: Being all of Lot 42, Phase I-B of The Villages at Turtle Creek as shown on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. 24. Property conveyed in Deed Book 3522, Page 067: Being all of Lot 43, Phase l -B, of The Villages at Turtle Creek as shown, on that map recorded in Map Book 46, at Page 105 of the Pender County Registry, reference to which map is hereby made for a more particular description. 25. Being all of the property depicted as "Pump Station Easement" containing 0.195 acres, and the "Amenity Area" containing 2.155 acres, as shown on that map recorded in Map Book 46, at Page 044, Slide 620 of the Pender County Registry, reference to which map is hereby made for a more particular description. PPAB 1647823v2 03 36-21110 Prevatte 003 Pander County, NC Register of Deeds page 13 of 13 EXHIBIT C TAX PARCEL ID NUMBERS 4225-99-0040 4225-99-0247 4225-88-0590 4225-78-8791 4225-88-5671 4225-88-6735 4225-88-6862 4225-88-9956 4225-99-1006 4225-99-0198 4225-89-5030 4225-88-4891 4225-88-3631 4225-88-1587 4225-88-0671 4225-78-8779 4225-78-8857 4225-79-8101 4225-79-8230 4226-52-0974 4225-88-5687 4226-52-4697 4226-62-403 8 4225-89-0802 4225-78-7296 4226-5.1-6225 PPAB 164M3v2 83754 PQ29 03-30: 010 14:1458.004 irsll Iloilo 1111 li 111E II I1111 IIIEI 1111 Faye Tsaehey Prevatte Pander County. NC Register o£ Deeds page 1 of 5 Faye Teaohey Prevatte Register of Deeds 03-30-2910 14:14:58,804 Ponder County, NC NC REVENUE STAMP: $ a.00 (#.10173) Grantee confirm the excise 7 ax Lot No. /Parcel Identifier No. 4225-88-8826 Mail after recording to: William L. _Esser_M PARKER POE ADAMS & BERNSTEIN LLP Three Wachovia Center,_ 401 South Tryon St Suite 3000 Charlotte North Carolina 28202 This instrument was prepared by: PARKER POE ADAMS & BERNSTr-- N LLP Brief Description For The Index: 0.195 Acre Tract MB 46, Pg. 44, Slide 620, Pender County SUBSTITUTE TRUSTEE'S DEED GRANTOR WASLAW, LLC, Substitute Trustee, a North Carolina limited liability company 120 West Fire Tower Road Post Office Box 8088 Greenville, North Carolina 27835-8088 GRANTEE Town of Surf City, a North Carolina municipal corporation Attn: Michael Moore, Town Manager P.O. Box 2475 Surf City, NC 28445 THE PROPERTY REFERENCED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). 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. THIS DEED, made this day of 2010, by and between WASLAW, LLC, Substitute Trustee under the Deed of Trust hereinafter mentioned, of Pitt County, North Carolina (the "Grantor"), and the Town of Surf City (the "Grantee"); WITNESSETH: WHEREAS, on July 11, 2006, DCNC North Carolina I, L.L.C. (the "Debtor"), executed and delivered an A&D Note (the "A&D Note") evidencing its indebtedness to Wachovia Bank, National Association ("Wachovia") in the original principal amount of $5,300,000.00; and PPAB 1662697v2 93754P@291 °4:;a:68.004 �ItIIIJillII Faye Teachey Prevatte Pender County, NC Reylster of heeds page 2 of 5 WHEREAS, on July 11, 2006, Debtor executed and delivered a Revolving Note (the "Revolving Note") evidencing its indebtedness to Wachovia in the original principal amount of $2,000,000.00 (the A&D Note and the Revolving Note are collectively referred to as the "Notes"); and WHEREAS, Debtor executed a Deed of Trust and Security Agreement dated July 11, 2006 and recorded in Book 3006, Page 276 of the Pender County Public Registry (the "Deed of Trust"), conveying certain real and personal property, including the property conveyed herein (the "Property") in Pender County to TRSTE, Inc., Trustee, for the benefit of Wachovia to secure the Note; and WHEREAS, WASLAW, LLC was substituted as Trustee by a Substitution of Trustee recorded in Book 3562, Page 304 of the Pender County Public Registry; and WHEREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Grantor, by the owner and holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the Deed of Trust and sell the real and personal property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and WHEREAS, under and by virtue of the power and authority in it vested by the Deed of Trust and according to the terms and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of Pender County in that certain FORECLOSURE PROCEEDING, entitled 09-SP-19, whereupon the Assistant Clerk of Superior Court of Pender County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at l 1:00 a.m. on January 6, 2010, did expose the Property for sale at public auction at the Pender County Courthouse and the Property was sold along with other property secured by the Deed of Trust as reported in six (6) separately filed reports of sale; and WHEREAS, Grantor duly reported the sales to the Clerk of Superior Court for Pender County on January 6, 2010 wherein Wachovia was the highest bidder for the Property with a total combined bid (for the Property and the other property secured by the Deed of Trust) of $2,670,000.00 (the "Credit Bid"), and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, Wachovia assigned the Credit Bid to REDUS NC Coastal, LLC, a Delaware limited liability company ("REDUS") pursuant to the Assignment and Assumption of Foreclosure Bid filed with the Clerk of Superior Court for Pender County; NOW, THEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in it by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real and personal property: (a) the real property lying and being in the County of Pender, State of North Carolina more particularly described in Exhibit A attached hereto and incorporated herein by reference; (b) the personal property, including all right, title and interest in the pump station and related improvements, lying and being in the County of Pender, State of North Carolina and being located upon the real property described in Exhibit A attached hereto and incorporated herein by reference; SUBJECT TO any and all prior liens, unpaid taxes, special assessments, restrictions, easements of record, and other encumbrances, if any. PPAR 1662.697v2 i� II I1 CI[ICI II CIII IIIIIIIIIlllI1 Illkj� B3754 P0?9?P y4 58. 4 Pender County, NC Register Qaads page 3 of 3 TO HAVE AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor, as Substitute Trustee, is authorized and empowered to convey. The Property is specifically conveyed "AS IS, WHERE IS" Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. {signature on next page] PPAB 1662647v2 09 80 2@10 1�1ll1i 11 Jill 11111111111111111111 RSj,!Rt p "14:6 .a04 Dander Cauntu_ NC earster of Deeds aaae 4 of S IN WITNESS WHEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set its band and affixed its seal on the day and year first above written. WASLAW, LLC, Substitute Trustee � f 1 By: Name: uJ 5 120 West .Fire Tower Road Post Office .Box 8088 Greenville, North Carolina 27835-8088 Telephone: (252) 215-4018 STATE OF NO H CAROL COUNTY OF I, ` � y t ► Q , a Notary ublic of County and State of North Carolinaj do hereby certify that ("Si story"), personally came before rite this day and acknowledged that�heis ' of WASLAW, LLC, a North Carolina limited liability company, and that he/she, eing authorized to do so, executed the foregoing instrument on behalf of the limited liability company. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) _ a driver's license or in the form of }; or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that lievoluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this aS-qk day of 2.010. RLY+O��°°+i°,� M i A% G BL10 OUNTY , �'U ����\•` �i����lfrrmu►»���� PPAB 1662697v2 Print Name: K L&U r=1k (Note: Notary Public must sig My Commission Expires: `w [NOTARY SEAL] (MUST actly, as on not seal] FULLY L GIBLEII it ve- 1111111IIllIII1lI1Ili11111111111111i18151,F � 4 14:14r5B.f004 Pander Caunty . NC Reasster of Deeds Dave y$ of 5 tte Exhibit A L=1 Descriotion Topsail Township, Surf City, Pender County, North Carolina: Being all of the tract of property depicted as "Pump Station Easement" containing 0.195 acres as shown on that map recorded in Map Book 46, at Page 044, Slide 620, Pender County Registry, reference to which map is hereby made for a more particular description. PPAB 1662697v2 IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII III ;00M P03-30-2010 ro vatte Pendep County. NC Reafster of Deeds oaae 1 of 2 STATE OF NORTH CAROLINA NOTICE OF FORECLOSURE COUNTY OF PENDER (Pursuant to N.C. Gen. Stat. § 45-38) That certain Deed of Trust and Security Agreement dated July 11, 2006, executed by DCNC North Carolina I, L.L.C. to TRSTE, Inc., Trustee, for the benefit of Wachovia Bank, National Association, securing original principal indebtedness in the amounts of $5,300,000.00 and $2,000,000.00, and recorded at Book 3006, Page 276 of the Pender County Public Registry (the "Deed of Trust") has been foreclosed in foreclosure proceeding 09-SP-19 by WASLAW, LLC ("Substitute Trustee"), substituted as Trustee per instrument recorded at Book 3562, Page 304 of the Pender County Public Registry. All the real and personal property described in the Deed of Trust which was not previously released of record was sold and conveyed by the Substitute Trustee by one of the following: 1. Substitute Trustee's Deed to The Villages at Turtle Creek Homeowners Associates, Inc. dated March ,< , 2010; 2. Substitute Trustee's Deed to REDUS NC Coastal, LLC dated March o, 2010; and Substitute Trustee's Deed to Town of Surf City dated March a�', 2010. Other than the tract(s), parcel(s) or lot(s), or portions thereof described above, no other property was sold or conveyed by the Substitute Trustee by reason of the foreclosure of the Deed of Trust. This the 2° day of March, 2010. WASLAW, LLC, Substitute Tru tee By: Gu r. c� (SEAL) Name: e, iec 449 4d i 5 Title: PPA13 1647684v ] A 63754 3754 P130a 0359-00851111111111111111111111111111111111 1[� FY,TyrevItt er egsstsr page STATE OF NORTH 'AROLINA COUNTY OF 1 a Notary Public of County, State of North Carolina, do hereb certify that 9qjIw,Ae `��. j;� LethE , of WASLAW, LLC,. personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official or seal this al!Mday of March, 2010. Notary PublicL Print: Name: My Commission Expi "v [NOTARY SEAL] 2 PPAB 1647684v1 R v 03 30 2010 lfIIIl�lIIIlI!lIIIIlIlllilll!!I!f!I ViSi3p1r4:Vat14:58.e006 t Pander CountV. NC Rsafster of Deeds page 1 of 3 Drawn by and mail to: Parker Poe Adtans & Bernstein LLP (BMM) Three Wachovia Center 401 S. Tryon St., Ste. 3000 Charlotte, NC 28202 ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT ("Agreement') is entered into Q.fC , 2010 by REDUS NC COASTAL, LLC, a Delaware limited liability company ("REDUS"), and MARTIN ROBERT SWAN, and wife, SHARON ROCHELLE SWAN (collectively, "Grantee"). A. REDUS is the owner of the 0.512 acres of property in Pender County, North Carolina, located north of NC Highway 210 ("REDUS Property") as shown on the plat recorded in Map Book 41, Page 112 ("Plat") in the Pender- County Public Registry ("Registry") B. . Grantee is the owner of property adjacent to the REDUS Property, depicted on the Plat as "Myra T. Rochelle James L. Rochelle, Jr. DB 747, Pg. 166", on which property was conveyed to Grantee by deeds recorded in (1) Deed Book 3606, Page 57, and (2) Deed Book 3668, Page 52 in the Registry ("Grantee Property"). C. REDUS has agreed to grant for the benefit of Grantee an access easement over and across the existing road known as West Stockton Place ("Easement Area"), which is located on the REDUS Property. NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Access Easement. (a) REDUS grants for the benefit of Grantee, its successors and assigns and their respective invitees, licensees, representatives, agents and contractors, a non-exclusive, perpetual easement ("Easement") for vehicular and pedestrian access to and from the Grantee Property over the Easement Area. The Easement is granted subject to all conditions, covenants, PPAB 16558170 l�l�elr '!_V,lJIlegllserloPP0384®4-34 58,008IlClll�Il��NRIIIlIliIIf eachey Prevatte page 2 of 5 restrictions, easements and other matters of record, to any matters that would appear on a current and accurate survey of the Easement Area and to all subdivision ordinances, zoning ordinances, land use regulations and other laws, regulations or ordinances applicable to the Easement Area. 2. Terms of Easement. (a) REDUS reserves for the benefit of each owner of all or any portion of the Easement Area, the right to use the Easement Area in any manner which will not materially interfere with or prevent the use, maintenance, repair or replacement of the Easement Area or the exercise of the rights under the Easement. (b) REDUS reserves for the benefit of each owner of all or any portion of the Easement Area, the right to relocate, at the sole cost of such owner, all or any portion of the Easement Area lying within such owner's portion of the REDUS Property. if any such owner elects to relocate all or any portion of the Easement Area, then such owner shall construct a roadway within the relocated easement area of a condition equal to or greater than the roadway then existing within the Easement Area. Upon the completion of such new roadway and, at the sole cost of such owner, an instrument specifying the location of the relocated easement area shall be recorded in the Registry, and the Easement shall no longer burden the portion of Easement Area from which the roadway was relocated, but shall burden the relocated easement area. Upon the recording of such instrument, the relocated easement area shall constitute part of the Easement Area for the purposes of this Agreement. 3. Easement ABRurtenant. The Easement shall burden, and run with title to, the Easement Area and benefit and be appurtenant to, and shall run with title to, the Grantee Property. 4. Release, Indemnification. In consideration for the right granted to Grantee by REDUS hereunder, Grantee accepts such right with the full understanding of the risk of loss of life, personal injury or property loss or damage which may arise out of Grantee's exercise of its rights as set forth herein, and Grantee agrees to exercisc its rights hereunder at its own risk. Grantee shall not hold REDUS, its successor or assigns, liable for any loss, injury or damage which may occur to Grantee or its property, and Grantee hereby releases REDUS, its successors and assigns, from any loss, injury, damage or any claims related thereto except where such loss, injury, damage or claim is caused by the gross negligence or willful misconduct of REDUS, its successors or assigns, or their respective agents, invitees, contractors, employees or representatives. 5. Governing ]Law. This Agreement shall be governed by North Carolina law. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 7. Severability. If any term, covenant or condition of this Agreement or the application thereof to either party shall be held to be invalid or unenforceable, then the remaining terms, covenants and conditions of this Agreement shall not be affected thereby, and shall be enforceable to the fullest extent permitted by law. 2 PPAB 16558170 111111 Ji Il 111111111111111lP�3�5 P evatte00e Ponder Countv. NC Reqister of Deeds page 3 of 5 8. Notice. Any notices or other communications contemplated by this Agreement shall be in writing and shall be effective upon receipt. In the case of a notice delivered by (i) pre- paid personal delivery, (ii) pre -paid messenger, pre -paid express or air courier or similar courier, or (iii) United States first class certified or registered .mail, postage pre -paid, return receipt requested, addressed as provided below, the notice shall be deemed received on the delivery date indicated by the United States Postal Service or courier service on the return receipt or on the date such delivery is refused or marked "undeliverable," or if the party is served personally, on the date of personal delivery. Any party may from time to time designate a different address by giving notice in the manner herein provided, such designation being effective under this Section 8 from and after the day of receipt of notice thereof. As to R.E.DUS: REDUS NC Coastal, LLC 123 South Broad Street, 7`h Floor Philadelphia, PA 19109 With a copy to: As to Grantee: Brent M. Milgrom, Jr, Esq. Parker Poe Adams & Bernstein LLP Three Wachovia Center 401 South Tryon Street, Suite 3000 Charlotte, NC 28202 Martin Robert Swan and Sharon Rochelle Swan 220 West Stockton Place Holly Ridge, NC 28445 9. Amendment. No provision of this Agreement may be amended without the prior written consent of each of the then current owners of all or any portion of the Easement Area and Grantee Property. 10. Termination. The Easement granted herein shall automatically terminate at such time as a road providing access to and from the Grantee Property is constructed and publicly dedicated. 11. Replacement of Prior Easement. The Easement granted herein is intended to replace the prior easement recorded at Book 3598, Page 313 in its entirety and the prior easement is hereby terminated and shall have no further forcc or effect. TO HAVE AND TO HOLD the Easement, together with all privileges and appurtenances thereunto belonging, for the use and purposes aforesaid unto the partics hereto, their heirs, successors and assigns. 3 PPAB 16558170 IIllllllllllllllllllllll�lll111111111 s ?5a the 1 vatte006 D•ndar Countv. NC taister of Desds pBCN 4 of 6 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. REDUS NC COASTAL, LLC, a Delaware limited liability company By: REDUS Properties, Inc, its managing partner By: Name: WWAA-\ Na►ar Mt - Title: ' Vice STATE OF 40r" 4 Ca -tuba' COUNTY OF /7^. I,d(419101 /'''. 10#044WA1 , a Notary Public of i�1orl p County and State of r �— do hereby certify that --. --—G�-Ccs a�.n Y Y _ca);j&w sae/ er, ("Signat ry"), personally came before me this day and acknowledged that he is vice of REDUS Properties, Inc, a Delaware company, and that (s)he, as lrict w, e.jf , being authorized to do so, executed the foregoing instrument on behalf of the limited liability company. 1 certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) _ a driver's license or _ in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stamp or seal this day of P&A 22010. [LP -AN P MONTGOMERY ' otary Ablic NTARY PUSUC Print Name: 4gri Z 0yts e J OMW Covet& NOM Cwaflm [Note. Notary? ublic must sign exactly as on notary seal] my Coromisaion Eon it Z O ( 0 i My Commission Expires: 4 PPAB 16558170 IIIIIIIIIII III III IIII II II III II1111 III Fa � Teach* �aeea �e Ponder County R NC Reasster of Dead. oaaa 5 of 5 Grantee: Name: Martin Robert Swan STATE OF _T COUNTY EA-Vli& & & a Notary Public of r_ County, State of do hereby certify that Martin Robert Swan and wife, Sharon Rochelle Swan (each, a "Signatory") personally appeared before me this day and acknowledged the execution of the foregoing instrument. I certify that each Signatory personally appeared before me this day, and (check one of the following and mark through all blank lines or spaces in the certificate) L'""- I have personal knowledge of the identity of each Signatory; or I have seen satisfactory evidence of each Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of (check one of the following a driver's license; or : or a credible witness has sworn to the identity of each Signatory. Each Signatory acknowledged to me that he or she voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Witness my hand and official stamp or seal this day of 5'h& _, 2010. QT A H Y INJ i LIC .. o PPAB 1655817V2 Not Public Print Name: L!h i � �; _ I� (Note: Notary Public must sign exactly as on notary seal] My Commission Expires: 10 -- Y=' J4 IS `w [NOTARY SEAL] (MUST BE FULLY LEGIBLE) 5 IS ru I M 1 Ln Ir Postage $ ru Certified Fee E:3 M Return Receipt Fee M EndorsementRequired) Re c:deDeveryFee nt Required) C3 Endorsement red) Total Postage & Fees $ ri - cc) see, AA_ pert 0 Addre Name) C. Date Dell e 6 A ' different from item 1 ? 13 Yes" feTy address below: 13 No 0 Express Mail 0 Retum Reoelpt for Merchandise nA e L5:' Q M C.O.D. ,q XfM Fee) rI Ye M M; -- NO.-------------------------------------------------------------------- r%- or PO POx - Ave -------- --- 1 ---------------------- ' W ...........62 020901, State ZIP+4 c- 10259"2-M-1540 P8 For�n'WO. Augu�i 2oob Sev flcup-e �or InstrUCtiOrIS , I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 21, 2010 CERTIFIED MAIL #7008 1140 0002 0209 RETURN RECEIPT REQUESTED Mr. JB Dilsheimer Dilsheimer Communities of North Carolina, LLC 401 City Ave., Suite 710 Bala Cynwyd, PA 19004 Dear Mr. Dilsheimer: CERTIFIED MAIL #70081140 0002 9562 0216 RETURN RECEIPT REQUESTED Faison Sutton 16 North Fifth Avenue Wilmington, NC 28401 Subject: NOTICE OF VIOLATION NOV-2009-PC-0865 The Villages at Turtle Creek Phases I and II Stormwater Permit No. SW8 060608 Mod Ponder County Dee Freeman Secretary On May 22, 2010, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at NC 210 and Lodge Hall Road in Surf City, Pender County, North Carolina. The.inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 060608 Mod, issued to you on July 10, 2007. The project has been found in continual violation of Stormwater Permit Number SW8 060608 Mod, issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are: 1. Failure to respond to a written request A Notice of Violation letter and inspection tit f `0 report from DWQ was sent on October 28, 2010 notifying the Permittee of the �`�Q"compliance status of this permit. This Notice required a written response with a (&-plan of action to be submitted to DWQ. This office has not yet received a written plan of action. ✓2. Failure to certify the stormwater system A file review revealed that this office has received a Designers Certificate for Infiltration Basins 1 B and 1 C only. It was observed that built upon area has been constructed and/or homes are occupied in drainage areas 1A (includes basins 1A-1, 1A-2, and 1A-3); drainage areas 1 D (includes basins 1 D-1 and 1 D-2). Title 15A NCAC 2H .1008 a) requires that upon completion of construction, the designer for the type of stormwater system installed must certify that the system was inspected during construction, was constructed Ul substantial conformity with plans and specifications approved by DWQ, and complies with the requirements of this Section. As of the date of this letter, DWQ has not received this certification. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One 1 Phone: 910-796-72151 FAX 910-350-20041 Customer Service:1-877-623.6748 NQ CaJ 01.11Ic'� Internet wtvrw.ncsrraterquality.org �tlil'!x'�� An Equal Opportunity (Affirmative Action Employer Ks Mr. Brian D. Dilsheimer, Manager The Villages at Turtle Creek Stormwater Permit No. SW8 060608mod 3. Failure to Maintain the Stormwater System. At all times, the permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. It was observed that removal of sediment plumes, maintenance of basin side slopes and repair of eroded areas has not been conducted. As stated in the permit, the approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals, including, but not limited to: • Semi-annual scheduled Inspections. • Sediment Removal. • Mowing and re -vegetation of the side slopes. • Immediate repair of eroded areas. • Maintenance of side slopes in accordance with the approved plans and specifications. • Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping. Requested Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the Wetlands and Stormwater .Branch, NPS Assistance and Compliance Oversight Unit, attention: John Hennessy, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should include the following: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before July 21, 2010. 2. Remove accumulated sediment, repair all eroded areas of the basin slopes and re -seed with permanent vegetation. 3. Submit the required Designers Certificate(s) to the Wilmington DWQ Office. 4. Submit a copy of recorded deed restrictions to the Wilmington DWQ Office. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. While agreeing to voluntarily restore environmental damage associated with any violation(s) and /or undertake any activities to bring your site back into compliance does not constitute admission of having committed a violation, action must be taken to correct the violation(s). Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Page 2 of 3 Mr. Brian D. Dilsheimer, Manager The Villages at Turtle Creek Stormwater Permit No. SW8 060608mod By copy.of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Angela Hammers at 910-796-7215. Sincerely, Geo ettd'Scott r9 , Stormwater Supervisor, Division of Water Quality Enclosures: Inspection Report cc: John Hennessy- NPSACOU Eric S. Tomczak, PE, (Cavanaugh) DLQ-WiRO (via email) Pender County Building Inspections 1,VILRO Files; Angela Hammers; DWQ Central Files Page 3 of 3 Compliance Inspection Report Permit: SW8060608 Effective: 12/17/07 Expiration: Owner: Dcnc North Carolina I LLC Project: The Villages at Turtle Creek Ph I & If County: Pender NC 210 And Lodge Hall Rd Region: Wilmington Surf City NC 28445 Contact Person: Brian D Dilsheimer Title: Phone: 910-790-9880 Directions to Project: From the intersection of US 17 and NC 210, travel east on NC 210 two (2) miles. Turn left after Lodge Hall Road Type of Project: State Stormwater - HD - Other State Stormwater - Infiltration System Drain Areas: 1Al - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) 1A2 - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) 1A3 - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) 1 B - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 C - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 D1 - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) 1 D2 - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 05/22/2010 Entry Time: 11:30 AM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Exit Time: 12:30 PM Phone: 919-796-7215 Ext.7317 Inspection Type: Stormwater Page: 1 Permit: SW8060608 owner - Project: Dcnc North Carolina I LLC Inspection Date: 05/22/2010 Inspection Type: Stormwater Reason for Visit: Follow-up Inspection Summary: The following deficiencies were noted during the inspection: V1. Required engineer certifications for Infiltration basins 1A-1, 1A-2, 1A-3, 1 D-1 and 1 D-2 were not found in the file. 2. A copy of recorded deed restrictions was not found in the file. —3. Maintenance of some of the infiltration basins was not apparent. To bring this system into compliance, the following must be completed: 1. Submit a certification from an engineer certifying that the permitted facility has been installed in accordance with this permit, approved plans and specifications to this Office for all 5 basins listed above. 2. Submit a copy of recorded deed restrictions as required by the permit to this office. 3. Maintain all infiltration basins per the signed agreement and/or permit condition. Note that this project is under continual Notice Of Violation, NOV-2009-PC-0865 and may be recommended for Enforcement action and civil assessment of penalties. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: A recorded copy of deed restrictions were not found in the file. A PE certification for 1 B and 1 C were found in the file, however basins 1A-1, 1A-2, 1A-3, 1 D-1 and 1 D-2 were not found in the file. Built upon area was observed in all of the drainage areas. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑■00 YPR Nn NA NE Cl ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: Basin 1 D-1 had sediment plumes, erpsove slopes and drainage pipes from the clubhouse observed. A lack of erosion control was observed in Phase II. It was unclear if the catch basins have been connected to the infiltration basin. Page: 2 E-Filed Annual Report -1-0-7309405 LIMITED LIABILITY COMPANY For year 2010 ro ANNUAL REPORT Do not data enter manually. �n �V aw+V NAME OF LI IITED LIABILITY COMPANY: Dilsheimer Communities of North Carolina, L.L.C. STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0757657 NATURE OF BUSINESS: Land Developer REGISTERED AGENT: Sutton, Faison G. REGISTERED OFFICE MAILING ADDRESS: 16 North Fifth Avenue Wilmington, NC 28401 REGISTERED OFFICE STREET ADDRESS: 16 North Fifth Avenue Wilmington, NC 28401 New Hanover County PRINCIPAL OFFICE TELEPHONE NUMBER: (610) 617-9700 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: Name: Thomas S Dilsheimer Title: Member Address: 401 City Ave. Suite 710 Bala Cynwyd, PA 19004 Name: Robert A Dilsheimer Title: Member Address: 401 City Ave. Suite 710 401 city avenue Suite 710 Bala Cynwyd, PA 19004 401 city avenue Suite 710 Bala Cynwyd, PA 19004 Name: James B. Dilsheimer Title: Member Address: 401 City Ave. Suite 710 Bala Cynwyd, PA 19004 Name: Richard H Dilsheimer Title: Member Address: 401 City Ave. Suite 710 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Thomas S. Dilsheimer FORM MUST BE SIGNED BY A MANAGER/MEMBER Thomas S. Dilsheimer 03/30/2010 DATE Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 SOSID: 0845525 Date Filed: 1/5/2010 10:07:00 AM Elaine F. Marshall North Carolina Secretary of State C200935200164 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF C*L46NGE OF REGLSTERED OFFICE ANWOR REGI RED AGiEW Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office and/or registered agent in the State of North Carolina. INFORMATION CURRENTLY ON FILE The name of the entity is _ c o a r-�- - ,^ v}°+ j..i '�� �i C t u `l tolx - i a C . Entity Type: ❑Corporation, []Foreign Corporation, (NNonprofit Corporatio n, LjForeign Nonprol-tt Corporation, [3Limited LiW lity Company, [3]Foreign limited Liability Company ❑Limited Partnership, []Foreign Limited Partnership, []Limited Liability Partnership, ❑Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on file is: }} Number and Street: /j1 �Sy]uiuv�gg � City, State, Zip Code: f `GL t,u q,j/t� a� 7 (e 03 County _ l� a p The mailing address if dierent from t1re street a,4dj cs of the registered office currently on file is: The name of the current registered agent is: 1. The street address and county of the new registered office of the entity is: (complete this heat only if the address of the regisramd oflICe is being changed) Number and Street --all �y �, tij ^� �N i ve, _ City, State, Zip Code: LrvX i a_ d► oZ, S'Y iJ County: /V L 1 l/ ,�' —T'� 2. The mailing address if different fro)n the street address of the new registered office is: (complete this stein only if the address of the registered office is being changed} 3. The name of the new registered agent and the new agent's consent to appointment appears below: (complete this item onh• fthe name ofthe registered agent is being cha eco —�� o Print Name o env'd * r t JPe f Signature Title •t•: ; j , t-�) ►j - 4. The address of die entity's registered office and the address of the business office of its registered agent, as changed, will be identical. S. This statement will.be etFective upon filing, unless a date and/or time is specified: ibis is die day of k? d tirF3 =� 20_v . }, a U - L�rla�tz Entity Name j�lSSNGrH %'laYl ,�2 y'1 L. �,.Seghaarre T-'r' C` f #'�rte iLl , 1"✓�:�':�6ti 1 or ma 4z - Notes: Filing nee is sa.00. Titis deenmtat must be tiled wirb the Secretary ofStnte, Type or Frint Nance and Title CORPORATIONS DIVISION, P. 0. BOX 29622 RALEIGFI, NC27626-0622 Revised January 2002 Form RF.-0A C200612900283 SOSID: 845525 Date Filed: 5/11/2006 8:59:00 AM Elaine F. Marshall North Carolina Secretary of State C200612900283 ARTICLES OF INCORPORATION OF THE VILLAGES AT TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. (A NON-PROFIT CORPORATION) In compliance with the requirements of Chapter 55A of the General Statutes of North Carolina; the undersigned being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE 1 NAME The nine of the corporation is The Villages at Turde Creek Homeowners Association, Inc., hereinafter called the "Association". ARTICLE 2 DURATION The period of duration of the Association shall be perpetual. ARTICLE 3 REGISTERED OFFICE AND AGENT, PRINCIPAL OFFICE The mailing address and the initial registered office of the Association is 327 Hillsborough Street, Raleigh, 'Wake County, North Carolina 27603, and the name of the initial registered agent at such address is Corporation Services Company. The mailing address and principal office of the Association is 2528 Independence Boulevard, Suite 1044, Wilmington, New Hanover County, North Carolina 28412-2437. ARTICLE 4 DEFINITIONS Except as otherwise provided herein, all capitalized words contained herein, shall have be as defined in that certain Master Declaration of Protective Covenants for The Villages at Turtle Creek, as amended, recorded or to be recorded in the Register of Deeds of Pander County, North. Carolina (the "Declaration"). ARTICLE 5 66585 i C200612900293 PURPOSES AND POWERS This Association does not contemplate pecuniary gain or profit to the Members thereof. No part of the net income of the Association shall inure to the benefit of any officer, director or Member of the Association. The Association is formed for the purpose of providing for the maintenance, management, regulation, architectural control and preservation of the Units and any Common Area within that certain property known as The Villages at Turtle Creek, as described in the Declaration, and any additions thereto that may be brought within the jurisdiction of the Association (hereafter the "Development"), and promoting the health, safety and welfare of residents and the Owners of property in the Development. For said purposes and for any other purpose and objective as may be established by or provided in the Declaration, the Association shall be authorized as follows: (a) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges lcvied or imposed against the property of the Association; (c) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) To borrow money, and, with the assent of eighty percent (80%) of each class of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) To fix, levy, collect and enforce against members payment of assessments as provided by the Declaration and also for assessments adequate for the costs of maintenance and operation of the surface water or storm water management system(s), including but not limited to, work within retention areas, drainage structures and drainage easements; (f) To have and exercise any and all powers, rights and privileges which a corporation organized under the nonprofit corporation law of the State of North Carolina may now or hereafter have or exercise. (g) To have and exercise any and all the powers, rights and privileges which an owner's association organizeu pursuant to the Norldh Carolina Planned Community A,:t 47F-1-101 et seq.). 66585 2 C200612900283 ARTICLE 6 MEMBERSHIP Every Owner of a Unit which is subject to assessment by the Association, as provided in the Declaration, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities holding an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Unit. There shall be only one membership per Unit. The rights and obligations of the Members shall otherwise be as set out in the Declaration or the Bylaws of the Association. ARTICLE 7 VOTING RIGHTS OF MEMBERS The voting rights of the members of the Association shall be as provided in the Declaration and the By-laws of the Association. ARTICLE 8 BOARD OF DIRECTORS Initially, the affairs of the Association shall be governed by a Board of Directors who need not be Members of the Association. Until their successors are otherwise selected and qualified as provided in the Bylaws, there shall be three (3) Directors whose names and addresses are as follows: J.B. Dilsheimer 401 City Avenue, Suite 710 Bala Cynwyd, PA 19004 2. Tom. Dilsheimer 401 City Avenue, Suite 710 Bala Cynwyd, PA 19004 3. Bill Comninaki 2528 Independence Boulevard, Suite 104 Wilmington, NC 28412-2437 The number, qualifications and method of election of the Board of Directors shall otherwise be fixed by the Declaration and the Bylaws. 66585 3 C200612900283 ARTICLE 10 DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than eighty percent (8011/o) of the Members of each class. Upon dissolution of the Association, other than incident to a merger or consolidation, after all of its liabilities and obligations have been discharged or adequate provisions made therefore, the assets of the Association may be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created, or such assets may be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be used for purposes similar to those for which this Association was created, or be distributed as provided by the North Carolina Planned Community Act, ARTICLE 11 AMENDMENT These Articles of incorporation may be amended as provided in Section 55A-10-01 of the North Carolina General Statutes. ARTICLE 12 TAX STATUS Notwithstanding any other provision of these Articles, this Association hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986 or any corresponding sections or provisions of any future United States Internal Revenue Law (the "Code"). This Association shall not carry on any activities prohibited by a corporation electing tax-exempt status under Section 528. It is further provided that no distributions of income of the Association are to be made to members, directors or officers of the Association, except that members of the Association may receive a rebate of any excess dues and assessments previously paid to the extent permitted by the Code and applicable law. ARTICLE 13 INDEMNIFICATION Subject to and consistent with the requirements and procedures for such indemnification under the applicable provisions of the North Carolina Statutes, the Association shall defend, indemnify and hold harmless any person who was or is a party or is threatened to be made a party to any threatened, pending, or contemplated action, suit or proceeding (other than an action by or in the right of the Association), whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a director, employee, officer, committee member, Member or agent of the Association, from and against any and all liabilities, expenses (including attorneys' and paralegals' fees and for all stages prior to and in connection with any such action, suit or proceeding, including all appellate proceedings), judgments, fines and amounts paid in settlement as long as actually and reasonably incurred by him in connection with such action, suit or 60585 4 . ` C200612900283 proceeding, including any appeal thereof, if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interest of the Association and, with respect to any criminal action or proceeding, had no reasonable cause to believe the alleged conduct was unlawful, except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or misfeasance or malfeasance in the performance of his duty to the Association, unless and only to the extent that the court in which such action or suit was brought shall determine upon application that despite the adjudication of liability, but in view of all of the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceedings by judgment, order, settlement, conviction or upon a plea of solo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interest of the Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. ARTICLE 14 INCORPORATOR The name and address of the incorporator of this Association is: Faison G. Sutton Murchison, Taylor, & Gibson, PLLC 16 North Fifth Street Wilmington, NC 28401 IN WITNESS WHEREOF, for the purpose of forming this Association under the laws of the State of North Carolina, I, the undersigned, being the incorporator of this Association, have executed these Articles of Incorporation this the 5-6day of Maw 2006. 4Qcam J. L&Xcp (SEAL) Faison G. Sutton 665&> 5 Aekv NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 28, 2009 Mr. Brian D. Dilsheimer Dilsheimer Communities of North Carolina, LLC 2528 Independence Blvd., Suite 104 Wilmington, NC 28412 Subject: NOTICE OF VIOLATION No. NOV-2009-PC-0865 The Villages at Turtle Creek Phases I and II Stormwater Permit No. SW8 060608 Mod Ponder County Dear Mr. Dilsheimer: Dee Freeman Secretary On September 29, 2009, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at NC 210 and Lodge Hall Road in Surf City, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 060608 Mod, issued to you on July 10, 2007. The project has been found in violation of Stormwater Permit Number SW8 060608 Mod, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: Failure to build accordinq to the approved plan. The inspection revealed that a sidewalk has been installed bisecting infiltration basin 1 D-1 adjacent to the clubhouse. Permit conditions require that 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. 2. Failure to Maintain the Stormwater System. At all times, the permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. It was observed that maintenance of basin side slopes and repair of eroded areas has not been conducted. As stated in the permit, the approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals, including, but not limited to: • Semi-annual scheduled Inspections. • Sediment Removal. • Mowing and revegetation of the side slopes. • Immediate repair of eroded areas. • Maintenance of side slopes in accordance with the approved plans and specifications. • Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - One Phone: 910-796-72151 FAX: 910-350-20041 Customer service:1-877-623-6748 NorthCarolina Internet: www.ncwaterquallty.org �aturallilt� An Equal Opportunity l Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 060608 Modification 3. Failure to certify the stormwater system. A file review revealed that this office has received a Designers Certificate for Phase 1A area only. It was observed that built upon area has been constructed and homes are occupied in area 113, 1 C, and 1 D. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before November 30, 2009. 2. Request a modification to address the unapproved sidewalk bisecting infiltration basin 1 D-1. 3. Repair all eroded areas of the basin slopes and reseed with permanent vegetation. 4. Submit the required Designers Certificate. 5. Submit a copy of recorded deed restrictions to this Office. Failure to provide the "Plan of Action" by November 30, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Angela Hammers at 910-796-7215. Sindrely, x �46- eorgette : cott, Stormwater Supervisor Division of Water Quality Enclosures: Inspection Report Designers Certificate Form cc: John Hennessy- NPSACOU Eric S. Tomczak, PE, (Cavanaugh) WiRO Files; Angela Hammers; DWQ Central Files Page 2 of 4 State Stormwater Management Systems Permit No. SW8 060608 Modification Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on,the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Pender County Building Inspections Page 4 of 4 State Stormwater Management Systems Permit No. SW8 060608 Modification The Villages at Turtle Creek Phases I and II Pender County Stormwater Project No. SW8 060608 Mod Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 Hammers, Angela From: Shaver, Brad E SAW [Brad. E.Shaver@saw02.usace.army.mil] Sent: Monday, October 26, 2009 1:10 PM To: Hammers, Angela Cc: Steenhuis, Joanne; Amschler, Crystal C SAW Subject: RE: The Villages at Turtle Creek, Pender County Angela, I am can't say that I have ever been to this area as I inherited the action once the Jurisdictional Determination was complete by a previous project.manager. What I can tell you is that according to the permit drawings the area in question is labeled as a pond on our drawings and we have no request or authorization for anything new in this area. A pond existed before the permit was issued and again I am unaware of any improvements to the water control structure. Has the home owner had any conversations with the developers, I have always found them to be very responsive and reasonable each time I have had an issue? My next question is, has there been any recent improvements to the water control structure. It appears to the permit action the area in question is currently covered by a conservation declaration so there should not have been any action completed inconsistent with the conservation declaration, which was recorded as recently as July of 2008 and once before this time but I can't put my finger on that date. If the individual thinks something is not correct with a recent activity please have them come directly to us and we will conduct a compliance inspection. If I were them I would first speak with the Developers to get a recent history of the site. It could be that this area is just now seeing hydrology restored as we have been in a drier period for the last five years. The builders may have built closer to the pond than they wanted as it is labeled flood zone "C". The proximity of construction to the flood zone is administered by the County. I am no longer the project manager for Pender as this area is now regulated by incoming project manager, Crystal Amschler. I will be more than happy to assist her on any future compliance inspection if warranted. Her number is 910-251-4170. Sorry I can't be any more help, Brad -----Original Message ----- From: Hammers, Angela [mailto:angela.hammers@ncdenr.gov] Sent: Monday, October 26, 2009 11:49 AM To: Shaver, Brad E SAW Subject: The Villages at Turtle Creek, Pender County Hi Brad, I was referred to you and got your email from Joanne Steenhuis here at the Wilmington Office. 1 I received a complaint from a homeowner that lives at The Village at Turtle Creek which is located in Surf City/Hampstead off Hwy 210 and Lodge Hall Road. The DENR wetland permit number is 20061274; the USACoE Action ID # is 200600208 from the General Permit Verification Form. The homeowner (address is 121 Leland Way) stated that the overflow from the existing pond behind her house is eroding her yard. Upon inspecting the area, the flooding is not really a stormwater issue as the' runoff from the built upon area does enter the catch basin at the street, but the area in the rear of her home is underwater from the water of the existing pond. The existing pond, aka wetland, does have a pipe structure installed through the berm and discharging to another section of wetland. This structure does not show up on the stormwater plans. So, I checked with Joanne about the wetland - existing pond, previously a borrow pit pond - and asked about the piped structure at the end of the horseshoe wetland. She said it looked like a connector pipe but didn't understand why it jutted out into the pond so much. She thought you might remember more details. I have attached a photo to possibly trigger a memory. Please let me know if you need more info or if you want to visit the site with me. Thank you for your time and assistance. I look forward to hearing from you. Sincerely, Angel Hammers (Please note my new email address is angela.hammers(@ncdenr.eov <mailto:Linda.Lewis@ncdenr.gov> ) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: 910.796.7215 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. K !7 s Permit: SW8060608 County: Pender Region: Wilmington Compliance Inspection Report Effective:12/17/07 Expiration: Contact Person: Brian D Dilsheimer Title: Owner: Dcnc North Carolina I LLC Project: The Villages at Turtle Creek Ph I & II NC 210 And Lodge Hall Rd Surf City NC 28445 Phone: 910-790-9880 Directions to Project: From the intersection of US 17 and NC 210, travel east on NC 210 two (2) miles. Turn left after Lodge Hall Road Type of Project: State Stormwater - HD - Other State Stormwater - Infiltration System Drain Areas: 1Al - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1A2 - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1A3 - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 B - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 C - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 D1 - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA;HQW) 1 D2 - (Beckys Creek (Bishops Creek)) (03-06-24 ) ( SA; HOW) On -Site Representative(s): Related Permits: Inspection Date: 09/29/2009 Entry Time: 11:00 AM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility status: rl Compliant C Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Exit Time: 11:30 AM Phone: 919-796-7215 Ext.7317 Inspection Type: Stormwater Page: 1 Permit: SW8060608 Owner - Project: Dcnc North Carolina I LLC Inspection Date: 09/29/2009 Inspection Type: Stormwater Reason for Visit: Complaint Inspection Summary: The following deficiencies were noted during the inspection: 1. The required certification for all drainage areas with BUA installed has not been received by DWQ. 2. Recorded deed restrictions were not found in the DWQ file. 3. A sidewalk has been installed bisecting Infiltration Basin 1 D-1 not shown on the approved plan. 4. The slopes of the infiltration basin are eroding. 5. The area behind Leyland Way adjacent to the wetland overflows and is creating gullies to the side property at 121 Leyland Way. To bring this system into compliance, the following must be completed: 1. Submit a PE to this Office for all basins receiving runoff from BUA. 2. Submit a copy of recorded deed restrictions to this Office. 3. Modify the permit or correct the location of the sidewalk at infiltration basin 1 D-1 near the clubhouse. 4. Repair all eroding areas immediately. If you have questions, please contact Angela Hammers at 910-796-7215. Page: 2 Permit: SW8060608 Owner - Project: Dcnc North Carolina I LLC Inspection Date: 09/29/2009 Inspection Type: stormwater Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Phased construction: Partial PE received for Phase 1A area only. Built Upon Area has been constructed in Drainage Area 1 A-1,2 &3, 1 B, 1 C, 1 D-2, and 1 D-1. Recorded deed restrictions as required by permit condition were not foundin the DWQ file. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: A sidewalk has been installed bisecting Infiltration Basin ID-1. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ Yes No NA NE ❑ ■ ❑ ❑ 00011 0000 Yes No NA NE ❑f❑❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ❑ upon request? Comment: Infiltration Basin 1 D-1 has eroding slopes. The depth of the infiltration basins should be verified based on an observation of standing water to be included in the PE. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ■ ❑ ❑ Comment: The existing horseshoe pond, aka jurisdictional wetland, located behind Leyland Way overflows and is creating gullies at the side yard of 121 Leyland .Way. This report is being forwarded to the US Army Corps of Engineers for follow-up of the wetland connector pipe details and any other conditions required in the 404 permit. Page: 3 N.C. DIVISION OF,.WATER QUALITY 9 - PG - 0%65 Water Quality Section Complaint/Emergency Report Form WILMINGTON REGIONAL OFFICE Received by_(3ZGY`�� sf-,- Date 0�-��� Zt✓ i Time''` Emergency Complaint Y City County / �y Report Received From De4 dr-a PA S Phone No.(C :7-PYf 3 - gap Address /tlZl kttknd twd - T Phone No. Check One: Fish Kill Spill Bypass Animal NPDES N.D. -,-* Stormwate/r Wetland Other, Specify: Nature of Referral PIM sy 49 _ .3 A.. k P ,,- _ n .._ - _ 1 _ , _ — _ A _ _ Time and Date Occurred Pl Location ofArea Affected 121 I-P JAka -- TL" Z- Lje_ Surface Waters Impacted Classification OtherAgieneies Nofdfied hC Ah? Investigation Deiailss Investigator /41"Zti-a SAWOMSHELLSIREPORT.SHL EPA Region IV (404)347-4062 Pesticides 733.3556 Emergency Management 733-3867 Widlife Resources 733-7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4981 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004 1K1K>IC>K>K>K1K1K1KK1K�(���>K1K�>K>K��>K>K1K>K�X>K>K1K�����(��1K1K>K1K��>K�(�>K�1K1K1K>K>K��1K>K>K>K1K1K�>K��1K�c:K1K1K1K�1K1K�>K1K��1K1K>K>I(1K1K���(�lK1K�>K1K��1K>I(�� �c P. 01 TRANSACTION REPORT APR-29-2008 TUE 03:56 PM FOR: NCDENR 9103502004 �K >K SEND �K DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP >Ic APR-29 03:55 PM 93924612 .38" 3 FAX TX OK 308 �c �t TOTAL 38S PAGES: 3 >K WDENR North Carolina Department of Environment and Natural Resources Wilmington Regional Office .(giO) 796-7215 ;vdlram G, Ross Jr., Seerctxry iael F, Easley, Governor FAX COVER SHEEN` Bate:' Cp Ir Remarks: # pabes_ Division F.AX #: 910-3-0-2004 1 � C:.ar ,n—pri ee Est , ti"hlmingion, Plorth ::archna 28405-3645 , Pone 91(} 79G �� 15 r F,�X 91D-35U�290d � -- January 22, 2008 Mrs. Linda Lewis Environmental Engineer NC Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 / Re Stormwater Permit No The Villages at Turtle ( High Density Subdivis Pender County Dear Mrs. Lewis: CAVANAU G H Solutions through integrity and partnership Via Regular Mail Enclosed with this correspondence, please find one (1) copy of the 'Partial Designer's Certification' for the aforementioned project, specifically the stormwater appurtences located within Phase 1 C as identified on the attached Final Plat and Phase 1 — Overall Stormwater Plan which is the partial tributary area to Stormwater Basin 1 C. — --- This certification identifies compliance with the approved permit for this area only in order to obtain 'Certificate of Occupancies' for the lots located within Phase 1 C as indicated within Item #9 of the 'Schedule of Compliance' of the approved Stormwater Management Permit. It is important to note that due to the large scale nature of this project, the project was phased through the construction process in order to obtain Certificate of Occupancies prior to the completion of the entire project. Should you require any further information in regards to the matter, please don't hesitate to contact the undersigned. Sincerely, CAVANAUGH & SOCIATES, P.A. G Eric S. Tomczak, P.E. (f o h9 h► en T 14 r31 Al S Ea AcEa � T �2V RESTRICTIVE ACCESS EASEMENT FOR OHM MAINTENANCE �� wsrAu, c6NcxE� +QRT 70 ial RAM ELEVAMON5- .) SEE IFTHL @\{ UNNAMED JURWDICBONAL -ZC STREAM TO SECKYS CREEK � t, T PROPOSED PHASE 1 STORMWATER PLAN rr �r � ; I r if SANITARY SEWER r J ; PUMP STATION DRAINAGE AREA I DRAINAGE AREA -DRAINAGE AREA ID-1 FA INACE AREA 10-2 � DRAT AREA 10 y AINAGE AREA to-2 )--DRAINAGE AREA 1A-3 PHASE 1 SPECIFICATIONS JUNCTION BOXES (JB) 3 YARD INLETS (YI) 1 CURB INLETS CI 25 5' X 7' BYPASS SOX 2 15' HDPE SDR 32.5 1,935 L.F. 18' HDPE SDR 32.5 454 L.F. 2V HDPE SDR 32.5 349 L.F. 30' HDPE SDR 32.5 351 L.F. 36' HOPE SDR 32.5 508 L.F. 42' HDPE SDR 32.5 250 L.F. INFILTRATION BASINS 7 RIP RAP APRONS 15 LEVEL SPREADERS 9 LMFORYJAW20 1. 1601 D BY CHARM OVI F. (R) LATERAL SEPARAIION OF SEIMENS OR WATER WAN& WATER MABIS SHALL BE LALD AT LEAST TEN (12) SERER AND STORMNATLR PIPES TO HAVE A MUM OF IC SEPARATION FROM BOT7Om OF STOWWATER PPE An TOP CF P I L- WL IMORNAROK PROVIDED FEET !_AIERALLY FROM EXISTING OR PRROPOSED a11E14S UK= LOCAL COHOIROIM W. SEWEP PIPE. Ki1RPO5E wNLY. HDT FOR I.E'�OADAITCN. 1Ql (2) ALL-IRETLARD BUFFER NFORYATIDN AND SETBACKS HAVE BEEN FIELD APPROVED BY IHE ARLEY CORPS OF EMUS ON BARRIERS PREVENT A IN (1O) MOT LATERAL SEPATLAHIN -- IN WMICH CASE. (A) THE WATER MAIN N LAD IN A SEPARATE TRENCH, WITH THE &EVAMON ON THE 307TDIE OF (13) ROOFTOP NUMM FOR ALL RE8IENNAL. LOTS TO BP VAIN TO RIONT-OF-MAY, DR TO YARD INLET (OR OTHER STMWOTER CIRLECIIDN MWES) FOR EVffNRFAL DISCHARGE TO WILIRATMN DMK IWVEMBER 23. 2006 (FINAL APPROVAL PTJDNG). THE WATER MAIN AT LEAST ETSHMN (18) INCHES ABOVE THE TOP OF SEWM OR (1 FOR MANMRM ALLO ALE BUILT -UPON AREA PER LOT SEE TABLE 5.1 ON SHEET SJ AND TABLE 5.5 ON SHEET 5.5.. (3) CONTRACTOR TO FW VERIFY ALL ENSWNO U7BAUES BEFORE (0) THE WATER MAIN M LND IN THE SAME IRHICI A4 TIE SEWER MINTHE WATER MAN (18 THE 370116VATER MANAOMMFHT PLAN aEPI = ON MIME SHEETS DOES NOT OTttM ANY RUNOFF FROM IMpUMMS SURFACE CONLIENCRIG OONSIRUCBINf. LOCATED AT ONE SIDE ON A BOlpl OF UNDISTURBED EAR1N. AND WIN THE ELEVATION OF ASSOCAIED WOI THE FUNIRE COIRMERCIAL ASIA A PERHBT MWFIOAIHON WLL BE NecErARY PNDR TD GONSTRUCi" ANY (4) CONTRACTOR IN RESPONSIME FOR DISPOSAL OF ALL VW M MAIERKAIS QVIERAIS O THRDIHGR DEMOLIWON AND GRUBBING THE IMOTM OF THE WATER STAN AT LEAST EMTEEH(16) UNDIES ABOVE THE TOP OF SEWER. (10) CROSSING A WATER MMN OVER A SLIVER. WHENEVER NECESSARY FOR A WATER MAN TD CROSS AMDONw. IMPERVIOUS SURFACE. (M THE STORMWATE R MANAGEMENT PLAN DEWCHD ON THESE &EFTS SHJILL BE 000HIMMED IN ACCORDANCE 1BTH IHE SFA-T ACTIVIIES SHOWN. (S) SIDIAENT TENCNO 70 BE AT IRE LIMIT OF DISTURBANCE FOR AT ONE OVER A SEWER. THE WATER LAIN SHAH. BE LARD AT SUCH AN ELEVATION TNAT TIE BOTTOM OF TIE WATER MAN IS AT LEAST BMI EE N (MQ INCHES ABOTE THE TOP OF THE SEWER, IR M LOCAL CONDIBONS OR BARRIERS PREVENT A EROSION COMMUL PLAN APPROVED BY THE NORM CAROMA DEPARWENT O' eWd M mujT AND NAIVRAL RESAURCES. AOCODINO 70 THE SORMEMTAVON POLLUIION CONMC. ACT OF 1473 (NORIN omWUNA GENERAL STATUTE 113A d1-BB) 119E PROTECT B SUBJECT TO AN APPROVED SEDIMENTATION AND ZROSIOHN TITS ommRwlION SITE, LEAST FOOT (Y) FROM TEILANDS ALN ERTIREEFI 1 DR171 GEPARATIDIT -- N VHM CASE. 001" THE RATER Mw1H. AMMO SEVER SHALL BE # FFJUtOTNS MATERULS AND CONTROL PLAN, THE CONTRACTOR SNAIL AMERE TO ALL. OF WE CONDITIONS SET FORTN IN THE APPRRpOVYE0 PLAN AS PRESCFEED BY NCDEHR. A COPY OF THE APPAOVEO SEDIMENTATION AND (6) CONRIMED SEDUMTA71OI OUTLETS TO BE PLACED AT 2W LF. INIEWMTS ALONG SIMIL ELT FENCING WM JDIN73 THAT ARE EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF TEN (10) FEET OR EACH SIDE OF THE ORO SIM EROSION OCI TROL PLAN'SH BEVVIAYED AT THE JOB M7E AT ALL COMES ALL FITONOS TO BE MJ DIP WAM 7HRUST BLOCKING UAESS 07H MOM NOTED ON PLANS, (7) ALL DISTURBED AREAS 70 BE SEEDED, FFAIIJZEO. AHD MULCHED (11) CROSSING A WV70 MAIN CIDER A SEVOL WHENEVER IT IS HEOMSARY FOR A TW7FR MAN TO N MATWNO AND SEEING TO BE USED ON SLOPES STEEPER THAN 11. SOD SHALL BE USED FOR ALL SLOPES FLATTER IBINN IS CALENDAR DAYS OF ORAOINO AC7WAtES (6) NEATER. SEWER AND 5MMM70 PIPES 10 8E INSTALLED IN CR058 UNDER h SEWER. BODE THE WATER MAN AM THE SEER SMALL BE OONSIR = OF FERROIB MAIEPoALS AFD KNISH JOINTS EUMALENT 70 WATER MAN STANDARDS FOR A DISTANCE 7HAB 2-1. (Y0) SHED RAW 1 MIRON (FFB) DISIMFCD ON THE PLAN IS INITCAISW OF COMPACTED PAD GRADE TO WHICH Y-�4' OF TOP TRENCHES ACCORDING TO STANDARD SAEgfDA7DHS AND MAIL$ OF lEl! C70) FEET ON EAOI SIDE OF THE PCNTKS7 OF CROSM A SECT M OF WATER MAIN SOIL WALL BE ADDED. SEE DETAIL 5/G7.7T. ON SWEET QMM PIPE Skill BE CENTERED AT THE PONT OF CROSSING (21) DOIIRACTOR SHALL WLEMRTT TRAFRO CONTNO. MEASURE 01 ACCOROANLE WIM MJI.T.m PHASE 1 DRAINAGE AREAS DRAINAGE AREA AREA (ACRES) AREA 1A-1 0.69 AREA 1A-2 0.38 AREA to-3 OL16 AREA 18 8.37 AREA 1 C 6.51 AREA 1D-1 0.88 AREA 1D-2 1.85 TOTAL PHASE 1 18.84 DRAINAGE AREA Tab168,1 MA76MLkMIMPEPMOUSSURFACEAREAS FOR PHASE 1 RESIDENTIAL LOTS; LOT NUMBER MAXITVRJMIMPERVIOUS SURFACEARLEA (SO. FT LOT NUMBER MAXIMLIMIMPERYIOUS 811RFACEAREA O.FT 1 4152 24 4.V* 2 4182 25 9 4152 28 4 4.192 27 181 6 28 3,6m 84.188 29 1 3,668 73460 30 6 808 W 3.009 9 32 10 sm33am 11 3617 94 U01 12 4,156 35 SAP 13 14 8,SB2 9 718 38 4JOI 87 4,480 16 gal 3B 9 16 3 73T 39 3 17 3,W5 40 4.D22 1s 9676 41 6 19 ' 211 42 087 20 40 21 4 44 4,128 22 4,16E 45 4ffi 28 4166 NOTE 1: AVG 30. FT. PEP. LOT IS 3,9E3 $0. FT. 0M669 SQ FT,143 LOTS - 3.923 SO. FT,) NOTE 2: TOTAL BUA FOR GACH LOT INCLUDES W X 8S BIl11LD[NG ENVELOPE PLUS 1S' WIDE DRIVEWAY (VARYING LENGTH M, PINS SECTION OF DRIVEWAY WIMIN ROW (124 tD 180 SF. DEPENDING ON NW1), UNESS orHERWISE NOTDSIDEWALKS CLUCM IN BUA. CONSTRUCTION SEQUENCE 1. PERFORM COMMUC11ON STAKE OUT 2. M3TALL TEMPORARY GRAVEL CONSTRUCTION EN7RANCE 3. CLEAR SITE, BUT DO NOT KRtU6. 4. WSTAL.L ALL EROSION AND SEOWENT CONTROL MEASURER. 51 ORUB SITE CONSTRUCT SEDIMENT DASI' ham. 7. DOLGa NCE ROUGH ORACNO OF THIF. SITE. NL MSTALL STORIMATER MAXAGEMLNT DEWCM 2. CONSTRUCT SEWER OGLLEOM SYSTEM, 10.00NSTRUOT WATER SYSTEAL 11. ROM GRADE THE SITE 42.`aWE SHOULDERS AND OUT AND FILL SLOPES. 13,SCARIFY, SEED, FERTTLIZE AND MULCH ALL OSTURBEJ AREAS I4.INSULL DRY UTILITIES (ELLEC7R1CAl., FIBER-OPTIC, ChBIE, PHONE, ETC). IS.RE-SCARIFY, RE -SEER. RE -FOR &E AND MULCH AM DISTURBED AREA. 16.CWMRIICT ROADBED BASE OWSE AND INTEWdEDIATE ASPHALT COURSE. 17.APPLY FINAL ASPHALT COURSE 14AFTER OMSTURBEO AREAS ARE STAIBUZE0 V47H VMTATION, THE CONTRACTOR SHALL RETURN TO THE SITE AND REMOVE ALL TEMPORARY EROSION CONTROL MEASURES • SAT: OF.,:DxM CMONA CONiY Or PIIEW L MARVN S. CAVANAUML M GmIFT THAT TR RAT US DRAIN OEFB NV NPEAMMOH FROM AM ACWX SURVEY MADE UMR11 MY SIFFRV®OI (0® DE7R'9 nON RELVIIOm N ��AT TIE BO1xfIMM:E NOT RZOICI ED ACE CIENLT NOGIm K WAM'FRW N TW FMNIO N D® RAMS AS S MF2®C6M8G4ILTA,TLD A6 NEN�D. My AMQNTNT MISSV CRNNAL NM 'UM,FMMrMTW. !WINNER AM SEAL INS ®L DAY OF EIGIBiRB AB.. 2007 I ALSO HONEST CER IFT R1AT TR SURVEY IS OF TIE FOLLOWING CAIEMM AS a I SIR RSO M IN O.S. 47-70(f)t"k /I ® a1 tMT 11E LRIEY DIEATR A 31HOMlOI O' LNO R11M iNE AREA OF A COUNTY LMUNICIPALITY AT RIM NI O ANR TUO REMAATES RAUCOUS _ p !) WHAT nE •NMET O IOCATFD W A PaRT101 OF THE OOINIM TNT IS Y l ATgMBON D® BOd( 001. PACE 240 _ Ae 1/WkRR.ATED AS TO AN apIN1R INAT REM LA= FAMOUS OF LAND, 1 . _ - PIN NQ 1225-00-4434 p 0) ANY ONE OF THE FCUID N - • VICINITY MAP p1) IWATIN ROMOF AN INDOORPARCCX OR PANEIS OF UVID \. / LTS) AND DOES NOT CREATE A NEWS 4FRECHANCE AN 0S1 E p EI sIEP THAT INS SURVEY IS OF AN !DRIVERS EUSm• ON OnER STRCROL / • - \\ pmWNT AEjANRA Mx1FACAE4: W suNlEl: ❑ 10 WHAT TE SUNLEY E OF ANOTHER CANONIC; SUCH AS THE RE Wii:CL YR OF MONLwff. . - � \ �� ' ENSIPARCELS, A COUNT -ORDERED SURVEY, p EY. OR DT(OARON m THE � 1 1 \ DEUNIEAATTEDD BY M0 OTHERS' CEFNOT E OF A WMMSOk ❑ j MAT THE SFONARW AVAILABLE 10 THE SWVERR M SUCH Tut ME C .. =jA Y- R�S2p' SUR EITN • UNABLE M TUNE A DERRIMMTMN TO 11E REST O' lIE _ . r S E S RVEMn PROFESSIONAL ABILITY AS TO PROMSO°S CONTAINS N (W LE sGCO g • • ♦'�4 146.73' • ' \ OOaC J �`0 / / xORM° 6tlC AI W S. CAYANMMA SR PUS L - 11 : N V �d�\ F I N NO, 22-80OS0E YARV}��\ LOTIB 4,034 D. '" t 1412,H)TE 7 FT a � F 0.727 ACRES \/A � EN �� � , N ,C„•,�E g4MF / \ / � •�,'`B. � - (.nx.L, / , ' //�a0�07 _ (iIE11E)\ _ . _ _ / 'FUTURE NGDEVELOPMENT` PCI PON _ J«s i / DWC NORTH CMCJ l LLC tg4q So rt. OT D.B. 2686, P.C. 22e 1 LOT IS 1 F . . . . . / . . PIN NQ 4225-50-DO02 02/0 MKS - L �\ 4a . M N \ D0000� "m NIT PACE M, d 41 Q. \. THE NUA P AT 7NtT1E RAT BOOK46,HASE'YAR EEAREA - . . . LOT DO. FT. EIJJ i SLIDE BUT x O,EATm BY GPM/ O'I' 0.2R ACES 6 ST'M TN N '20' E I W I., iiii5555 111�' 1E� LOT 44 / V nN: taMa• Nteee REL / � ae� � - - . / .gyp o ; y L � I g . � g LOT TS Q I 'ate ACRES; IS. 8` YN'Y O�RpO F / S i E �I�M E°°1MX ,�IEMaDrI �R"R"rt tS�66'�T! NB MlE NUM C5 d 2.155 ACHES _ _ { - . • � 10T � or Rom.- I i x SL,STpo E Em� � AI. ,� Mw° v 1 `- LOT NCS IIOI NN SOVE � tA1Y i A LOT 47_C�� � O�O FA�R151„ TIE VRLAOS LOT M AT TURTLE CRFflC \ PUNT L � �oPACE 44 ' / .. ,R.m LCT'BLS rt` �/ y D2{T IDES LOT 42 \ `id® 4 4 ob 1T.OR SG FT. CONTROL MATE 6 NORM CAROOLIIA DA' AOACRESQ �/. �� • OVER BLUE OTY / PEf•ER INA FIRM. RRIN9011 PLAT API440VI1 m4S7' HAY �` VT 1 ! � a I R�4yRO61Nplis aFYTIE TUTHIS NIDDPI"RIEI 'Ir`aO�MMI °m S SmL1 R �+5d pfiLIC ROPY LOT 11 ry \ �. If VO ! M IS 10 p� IM bA SStF LZL /{ L d 4.Y FFo WIND, OEM. NO. LOT 41 ,Fi h 14 T P)� 'E4 s 37� 1 ! I OFIN71 FRL MNF CRT: C. CHIRPY' TNT THE MAP MOM, B 'j 90� �' A ROW TES QRIFICAMON • AFFORD) MEETS ALL STATUTORY _ _ PI.A 6DT PHASE 1A II`F ROREIdIS FOR IEICOI•ING ' d _ _ 4 1 THE MLLA°ES AT TURTLE CRm( / 5 � • OF 11•� PLAT BOOK 507AGE 43 / - \ PON ft �22-0m3012 C,, a // TVRS.'.10")-. RIM ME MT Q 21L7 \ ` Lot N 1 / Hy�ffyy� IOF,O ` � �` � VA7 WEEASSIBIT ' P ,F,SS� LOT 40 \ / 1 29 IF f O� 0.11E AGES ♦ r ,riA" OEWENE�STED AR OMOts ♦ d - / Y 11 O'� / / HE Nl1AOE5 AT TBTTE OTm( p IPf i7 00 L25 DK I 1B 4��- PLAT BOOT 4FA PAYE 44 pqy SLIDE B07 vo ( PRAT °SINE MDT M 1 CPl LOT 5e f $ Hof wl'S 1 I tB '' ! 1 1 L97Et ' ) SATE OF C.MOLMTO PROA 1, iPFAI'F B SIBAECT 10 ANY FASFIEMs (MTBTE71 ORNARR UIEN). COUNTY FENDER OFR �/V 2. THE BOUNDARY INFORMATION B,SED OIF DEED °DON 2205, PAGE US. FILED FOR RUMS UMM O, THE s2= MT IS, . T4AA-A EALEN2w, 1 THIS WWPEF" WAS SURVEYED WITHOUT THE BENEFIT OF A TYRECH SEARAND AT � j M NM NECONCED IN PLAT SOIL � PAR 0% qj �f% CERTOCATE OF °MERMR NM COMMON TE UIENWM•OL REFORM BLATDR UN®M NffW NMME OWNERS OF THE PROPERTYsN TMT 1 ILE1 Ie7EHY AORF Res BLAB O' SUBOINBW NTN NT BONI FREE COIRNF AIIO CI MI A IEWNOL m THEM CITY -COUNTY M PLAT TI C SMR O' ECO E I M OIIRA COQ/TY COMMON TNT w PLAT R N221AOm N ME OTR 6 n2 R'a.^me Q OE®R v PEIEN! OORITI: AWL NRM OFIA I. LUC L ET O�IEr//• BT DLSIOER, TR PRE20ERTVIEMBER PATE —' A ©0mor- C.'rii:'iLTCTf,711 ' ©gym r Fir.7�d`7 wEm 0 u=1 i Fi"S'-1ma Er �' :' :T;7 m - t� i!779FMIF:�fi 7 �i�F'. M '� ti ®m0mrr7rmW..^'.7T-.7M ©m��i�T-1-311 41 ®[FSJQ:L:71F�irf'ir '70 wo"Il��� . 7t'T'1 .731 m11�111131 !4L� OmE"Y' �"T..4�ra Rom' '7 F7.41 THEREFORE MN- NOT Sim ALL ENCUwJHCE9. BOUNDARY UNE TABLE 4, NOTED. IRONIEBAn (4/B') 10 BE SET AT ALL CORNERS UNLESS OT ENWBIE BT IREFED CP93 U 5. THIS PROPERTY IS SHOWN AS ORN 4225-a-CM Sn L2 t 13 1L22 S. AIffA SIIOFN HEREON WAS CCOMPUTEDTED By THE IEIII TIE COONDri1T00. MP6W u faee IS 10.01 7. NO Mm 0,4F7W, 'Z 16'SASMA ON 1.75 OBRRYOW (NOVEMSER 2DD4) OF MC63 u 16RN MOIlSE7R il£A', YI14' AND 'QOVNE' L232Y 11 A TINS PROPERTY 6 ZONER RFD MANNEDMANNEDDE UNIT LOAF -DEI$TII) IS. L2S M S. TOTAL NUMBER OF LOTS 12 (NCLUDNO AMENITY AREA AND PUMP STATION EASMENI). SI^' mm!1 EASBMxrI L • la TMAI AIFA 1F NEW "DEBGATED: 0.585 ACRES. AMR 11. MWAIN SE DACM- FRONT - 15', SIDE - 2W BETWEEN STNUCLREII - 18 N M RAN Oe lm REAR - 0' 2 N23snrE NAF 12. ALL ROADS TEL BE BOLT M NCDOT STANDAIM DTomwaseuaI De7401 11 A POTION OF THIS PROPERTY E LOCATED W FLOOD KWM AKA 'AV' ElS 1 am. 7.7.41 AOD(IFEM TO FEMA FLOOD IPP, COMMUNITY PAR: 37204225OU DA7@ FEB VARY 12, 2007. -BMOE SL ROOF INSET NO, REVISION OF NAP SWK 45. PATE 139 at m ammy 14. THIS PLAT SUPERSEDES MAP (iOOE 45, PACa 135� 7LIDC Ofb O1R,O Fpp 2JpEY. NO+,NSFR. LIDI r FE,EN� M>� T RV. I22O�OM1 1 DRR $I.Q,'E B76 C"A NI A U G H LRANACE S 5� EASEMENT CURVE TABLE °ELT" BEARWB DISTANCE 14,DSY Ny wlJasa OF,ED25 4N�N• THE VILLAGES OF sDsaoFMe2oup,ARpeRr.NBPNfo-fMN,� EC24 1m IO4B0 Mew BLs fIAY , TURTLE CREEK C~SWh SAMQW% PA/2O ANF, ROn14L �= xMl,MIM NO RN NOTE, NL LMRII• A• COTANCES N TABLES AE"CMMTAL FEET. OmER LSC /� PHASE PHASE 1—C 010.9 ft.B/OSEB4S/YNMNa,R,r�mtrNbuma 904.1` 1'•,20 lOP2tL 7011@P - 21NF Cm - IBEEE OOMIT - R