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HomeMy WebLinkAboutSW8040740_HISTORICAL FILE_20150902STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWS DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 201 5 0902 YYYYMMDD �° NC®E:R North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 2, 2015 Francisco Zarate, Manager of JaneDean, LLC, Manager of Zailant, LLC, Manager of Sunset Beach Holdings, II, LLC (property owner) 2421 Bowland Parkway, Suite 104 Virginia Beach, VA 23454 Subject: Stormwater Permit No. SW8 040740 Name / Ownership Change and Permit Extension Riverside Drive Subdivision High Density Subdivision Project Brunswick County Dear Mr. Zarate: Donald van der Vaart Secretary Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they. are modified. Please note that the attached, updated permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. On July 16, 2015, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form for the subject project. A file review was performed on September 2, 2015 by DEMLR staff and as noted in the enclosed inspection report, the undeveloped site is currently in compliance with the terms and conditions of the current state stormwater permit. As indicated on the Name/Ownership Change form, Sunset Beach Holdings II, LLC is the current owner of the property as evidenced by the warranty deed from Tidal Ventures, LLC to Sunset Beach Holdings, LLC recorded on July 9, 2014 in DB 3544 at PG 0353 and by the warranty deed from Sunset Beach Holdings, LLC to Sunset Beach Holdings ll, LLC recorded on December 17, 2014 in DB 3596 at PG 0419. You have also acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans, a copy of the required Operation and Maintenance agreements and a copy of the required deed restriction statements from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that Permit No. SW8 040740 has been transferred on September 2, 2015 and to remind you that this permit is now in effect until May 16, 2021. For your records, please find enclosed a copy of the updated permit, a copy of the inspection report, and a copy of the Name/Ownership Change form. Please keep this cover letter, the updated permit and the approved plans on file at all times. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-72151 Fax: (910) 350-2004 • Internet: http:llportal.ncdenr.oralwebAd State Stormwater Management Systems Permit No. SW8 040740 This permit is subject to the terms, conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and. maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sin rely, 1Sl Tracy Dav' , P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: \\\Stormwater\Permits & Projects\2004\040740 HD\2015 09 permit 040740 cc: Sammy Varnam, Tidal Ventures, LLC Kyle Herring, Cape Fear Engineering Wilmington Regional Office Stormwater File Page 2 of 9 State Stormwater Management Systems Permit No. SW8 040740 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Sunset Beach Holdings ll, LLC Riverside Drive Subdivision North Shore Drive at Riverside Drive, Sunset Beach, Brunswick County FOR THE construction, operation and maintenance of five (5) underground infiltration trenches 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 and considered a part of this permit. The permit shall be effective from the date of issuance until May 16, 2021, and shall be subject to the following specified addendums, clarifications, conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The subdivision is permitted for 68 lots, each allowed a maximum of 2,250 square feet of built -upon area. 3. The five stormwater controls have been designed to handle the runoff from a total of 212,104 square feet of impervious area. Each infiltration trench must be operated with a 50' vegetated filter. 4. The tract and each drainage area will be limited to the amount of built -upon area indicated in Design Standard Condition 1.7 of this permit, and per approved plans. 5. All stormwater collection and treatment systems must be located in public rights -of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 6. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 040740 7. The following design criteria have been provided in the infiltration trenches 1-5 and must be maintained at design condition: Infiltration Trench System #1 #2 #3 #4 #5 a. Drainage Area, acres 2:05 0.32 1.13 3.86 0.87 Onsite, ft' 89,497 13,836 49,184 168,344 20,691 Offsite,ft' None None None None None b. Total Impervious Surfaces, W 40,517 11,815 38,065 110,297 11,411 c. Design Storm, inches 1.5 1.5 1.5 1.5 1.5 d. Trench Length, ft: 410 135 " 1.505 132 e. Trench Width, ft: 13 13 13 13 f. Trench Height, ft: 2 1.67 1.33 1.67 g. Perforated Pipe Diameter, in: 12 12 10 10 12 h.Perforated Pipe Length, ft: 2460 810 4140 12046 792 I. Bottom Elevation, FMSL 2 2 2 2 2 j. Bypass Weir Elev., FMSL 4 3.67 3.33 3.33 3.67 k. Storage Volume, ft' 5,124 1,453 4,616 13,481 1,421 I. Type of Soil Newhan m. Infiltration Rate, in/hr 8.0 8.0 8.0 8.0 8.0 n. SHWT, FMSL 0 0 0 o 0 o. Time to Draw Down, hours 1.24 1.03 1.03 1.21 1.44 p. Receiving Stream/River Basin Anks Creek / LBR59 q. Stream Index Number 15-25-9 r. Classification of Water Body SA;HQW " Trench #3 consists of 4 sections (3A-3D). Section 3A dimensions (LxWXH) are 139'x8'x1.33'; Section 3B dimensions are 85'x13'x1.33'; Section 3C dimensions are 153'x8'x1.33'; and Section 3D dimensions are 250'x13'x1.33'. II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 4. 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. 5. 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. A modification may be required for those deviations. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 040740 6. The permittee shall cause the following deed restriction statements to be recorded prior to the sale of any lot such that all of the lots covered by this permit are made subject to the permit requirements: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 040740MOD, as issued by the Division of Energy, Mineral and land Resources 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 Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 2,250 square feet. 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. Any lots within a CAMA-regulated Area of Environmental Concern must count the roof overhang as built -upon area and/or may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. 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 extra measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 7. 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. 8. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. Unencumbered and clear access to the bypass structure must be available at all times. 9. Records of maintenance activities must be kept and made available upon request to authorized personnel of DENR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 040740 11. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. c. Further subdivision, acquisition, lease or sale of all or part of the project area. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. e. The construction of any future BUA specified on the application. 12. 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. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action in accordance with North Carolina General Statute 143, Article 21. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which maybe imposed by other government agencies (local, state,, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 040740 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall submit a permit renewal application and fee at least 180 days prior to the expiration date of this permit. Permit updated, transferred and reissued this the 2nd day of September 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,Q-ca Scob p;racy E. Da% , P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 9 State Stormwater Management Systems Permit No. SW8 040740 Riverside Drive Stormwater Permit No. SW8 040740MOD Brunswick Countv Designer's Certification 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. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No. SW8 040740 Certification Requirements: 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. All roof drains are located such that the runoff is directed into the system. 5. The bypass structure elevations are per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided, including the vegetated filter. 14. The required system dimensions are provided per the approved plans. 15. The system draws down within 5 days. cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections Page 9 of 9 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION C7 w, j / I a 1. Stormwater Management Permit Number: SW8 040 MOD SW� 0 L1D'] `{0 2. Project Name: Riverside Drive 3. Current Permit Holder's Company Name/Organization: Tidal Ventures, LLC 4. Signing Official's Name: Samuel N. Varnam Title: Managing Member 5. Mailing Address: 1574 Monster Buck Estates City: Supply State: NC Zip: 6. Phone:( 910 1 579-5400 Fax: (� 28462 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: S=cl Beach Holdings u, L.0 & Sunse Bench Holdings,LLC 2. Proposed permittee's signing official's name: Francisco Zarate 3. Proposed permittee's title: Manager 4. Mailing Address: 2421 Bowland Parkway, Suite 104 City: Virginia Beach State: VA Zip: 23454 Phone: 7( 57 ) 962-4808 Fax: ( ) 5. New Project Name to be placed on permit: Riverside Drive Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA orPOA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative 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. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) ECEIVE JUL 16 2015 SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless.all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant. if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWO Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Check here if current permittee is transferring the property to a new owne �d Icy gt�evn/ ownership of the permit. J11 I, Samuel N. Varnam the current permittee, am sub ing this applica' for a transfer of ownership for permit # swR na 70%40n 1 hereby notify D oft or other legal transfer of the stormwater system associated with this permit. I have bvlded a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permitte�q named in Sections II and V of this form. I understand that this transfer of ownership canne approved by the DWQ unless and until the facility is in compliance with the permit. , „ Il 474 Fill, a Notary Public for the State of County of unSW$ILi! do hereby certify that (,7amaU N . VU.Yelam personally appeared before me this the 1� day of 116114 20 {� and acknowledge the due execution of the for�trufitness my nd and official seal, ....� r'��AL5E'AL Notary Public• NoM Carolina ignatu a NEW HANOVER COUNTY H. SCOTT KENNEDY, JR. SSW N/O Change Rev24Sept2012 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, Francisco Zarate , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP any recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that l will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. 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 or if all required supporting information and attachments listed above are not ig^cluded, this application package will be returned as incom lete. / \ -- / � Signature: Date: �O I, RhlcV P5 � bn c�n- , a Notary Public for the State of , County ofy 1Y Oi�(110� �OlLy ` do hereby certify that Fr "CA s co 211lYoutt, personally appeared before me this the y day of 20—L2, and acknowledge the due execution of the for oing instrument. Witness my and and official seal, (Notary Seal Notly Sign ure ASHLEY B. L SANCHEZ NOTARY PUBLIC COMMONWEALTH OF VIRGINIA FuyCOMMISSION COMMISSION EXPIRES MAY 31.2018 0 76MM Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee(if required), 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 Rev24Sept2012 JUL 1 6 26i� Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 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: Francisco Zarate Organization: Sunset Beach Holdings I1, LLC & Sunset Beach Holdings,LLC Title within the Organization: Manager Street Address: 2421 Bowland Parkway, Suite 104 City: Virginia Beach State: VA Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Email: Fax: 23454 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 and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permlttee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. 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 Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 peZ=-. 3-215.6. Signature of the property owner Date: I, 116 rl Ly 1 1L-\ / t, a Notary Public for the State of 1(� Countyof do hereby certify that personally appeared before me this the �D day of 20 - , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, N t ry Sig atu SSW N/O Change Rev24Sept2012 Page 4 of 4 ASHLEY S. L SANC EZ NOTARY PUBLIC COMMONWEALTH OF NROINIA MY COMMISSION EXPIRES MAY 31,2018 COMMISSION • 7594NO EGEWE JUL 16201 BY: Compliance Inspection Report Permit: SW8040740 Effective: 05/16/07 Project: Riverside Drive Owner: Sammy Vamam County: Brunswick Region: Wilmington Expiration: 05/16/21 Adress: N Shore Dr E CltylState/Zip: Sunset Beach NC 28468 Contact Person: Sammy Vamam Title: Phone: Directions to Project: From the intersection of NC 904 & INC 179 in Sunset Beach, travel SW on NC 179 for approx 1.9 miles. Continue S on Sunset Blvd. for approx 4695 ft. Turn left on Northshore Drive east. Travel east for 550 ft. Site is at the end of Northshore Drive. Type of Project State Stonnwater - HD - Infiltration Drain Areas: 1 - On -Site Representative(s) Related Permits: Inspection Date: 09/02/2015 Entry Time: 08:40AM Primary Inspector: . Alicia R Lewis Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stonnwaler Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 08:45AM Phone: 910-796-7215 Inspection Type: Transfer Renewal page: 1 permit SW8040740 Owner •project Sammy Vamam Inspection Date: 09102/2015 Inspection Type Transfer Renewal Reason for Visa: Other Inspection Summary: The site is undeveloped. The new owners will comply with the permit requirements to record deed restrictions prior to selling any lots and to certify the approved BMP's after installation. 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? ® 111111 Copy of the recorded deed restrictions is in the file? ❑ ®❑ ❑ Comment: 1. The site is undeveloped. The new owners have indicated by their signature on the transfer form that they will provide the Designers Certification and the recorded deed restrictions as part of their compliance actions after they get the permit , page: 2 Completeness Review Checklist Project .Name:�I KnSir1K��u� Received Date: Project Location: Accepted Date: -ypl Rule(s) F-12008 Coastal F-11995 Coastal Phase II (WiRO.) Universal �1988 Coastal Type of Permit: New or Mod or PR Existing Permit It (Mod or PR): nPE Cert on File? Density: HD or LD Type: Commercial or Residential �NCG: %: _p(% 00) Stream Class: EISA Map [:]Offsite to SW8 Subdivided?: Subdivision or Sinele Lot ORW Map Exempt Paperwork Emailed Engineer on: pplement(s) (1 original per BMP) BMP Type(s): L 0&M with correct/original signatures (1 original per BMP except lS/VFS and sw esJ plication with correct/original signatures eed or L-C: Sig. Auth. per SoS or letter Email Address: "MOA wo'C3-b Email Address: Soils Report with SHWT r(� �I ]Calculations (signed/sealed) rNo obvious errors Density includes common areas, etc%1+{c).d-- BSI 7Deed Restrictions, if subdivided: rl-4d l,s & Notarized Plans Design Engineer Owner Note to Reviewer: ❑2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) GradingWetlands: Delineated or No Wetlands MVicinity Map Layout (proposed BUA dimensions) ` uLegend �DA Maps Project Boundaries (l--e-J �w . SOS. A 4-3.��- Infiltration Wet Pond Offsite Soils Report Soils Report �PE Cert for Master Lot #: SHWT: SHWT: Deed Rest for Master Lot # Matches Master Bottom: �PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional 1 nformation: Permitted Proposed:. BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) 'SA (sf) Proposed: Pronosedc CARE FEAR ►ENIGINE RING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To: INCDEMLR Attn: Linda Lewis EcEiVE JUL 16 2015 f?y:_ Transmittal Date: July 16, 2015 File: 875-177 "36" Subject: NC Department of Energy, Mineral and Land Resources Stormwater Permit Owner Change ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 1 Copy NCDEMLR State Stormwater Permit Name/Ownership Change form 1 Copy Sunset Beach Holdings. LLC Certificate 1 Copy Sunset Beach Holdings IL LLC Certificate 1 Copy Purchase Documentation, Brunswick County Deed Book 3544, Page 0353 1 Copy Purchase Documentation, Brunswick County Deed Book 3596, Page 0419 1 Check Check for Required Application Fee, $40.00, Check # 26338, Dated 7/16/15 REMARKS 'Please note that project construction is not complete, deed restrictions and engineer certification will be forwarded upon completion. CC: C F r Engineeri Inc. File 875-177 "36" RECEIVED Signed. JUL 16 2015 L. er I. Received y: C:1UsersUeningMDesktw%Transmi 12015.07-16,c State of North Carothta Department of the Secretary of State SOSID: 1385502 Date Filed: 6/18/2014 8:32:00 AM Elaine F. Marshall North Carolina Secretary of State C2014 163 00142 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LEWrED LIABHdTY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for tlurt purpose submits the following: 1. The name of the limited liability company is SUNSET BEACH HOLDINGS. LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is NOT APPLICABLE 2. The state or country under whose laws the limited liability company was formed is SOUTH CAROLI NA 3. Principal office information: (Select either a or b) a. ® The limited liability company has a principal office. The principal office telephone number: (843)427-7200 The street address and county of the principal office of the limited liability company is: Number and Street: 2120 SEA MOUNTAIN HWY, Sulu 1200 City: NORTH MYRTLE BEACH State: SC Zip Code: 5�82 County: HORRY The mailing address, (f doerent from the sheet address, of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State Jul. 16 5. The street address and county of the registered agents office in the State of North Carolina is: Number and Street: 8721 EAST OAK ISLAND DRIVE City: OAK ISLAND State: NC Zip Code: 2846_S County: BRUNSWICK 6. The North Carolina mauling address, If dfJferent from the stied address, of the registered agent's office in the State of North Carolina is: Number and Street: State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment Ifnecessary) Nameand 7ifle Brtslness Addrrw RICHARD MACE WATTS. JR., MANAGER 2120 SEA MOUNTAIN HWY, STE 1200. N. MYRTLE BEACH. SC 29582 in I S. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records In the state or country of formation. The Certifleato of Existence must be leas than six months old. A mhotecomv of the cerdflcation cannot be aceepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: �^ The Secretary of Slate's Office will e-mail the business automata is filed. The e-mail provided vrM not be viewable on the website, see the instructions for this documem. y at the address proviaRl7ibove at no cost when a document For mote information on why this service is offered, please 11. This application will be effective upon filing, unless a delayed date and/or time is specified: N/A This the IITa day of JUNE 2014 SET BEA H HOLDFNGS.LL4C Q :am!AfLimfted Liability Comparry t�51 Signa&m of Company O&W RICHARD MACE WATTS, JR., MANAGER Type or Prim Name and Title Notes: I. FIdng fee is S260. This document must be Sled with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626.0622 (RevisedJam(ay 2014) (Form L-09) The State of South Carolina Office of Secretary of State Mark Hammond Certificate of Existence I, Mark Hammond, Secretary of State of South Carolina Hereby certify that, SUNSET BEACH HOLDINGS, LLC, A Limited Liability Company duly organized under the laws of the State of South Carolina on June 4th, 2014, with a duration that Is until Tuesday, December 31, 2075, has as of this date filed all reports due this office, including its most recent annual report as required by section 33-44-211, paid all fees, taxes and penalties owed to the Secretary of State, that the Secretary of State has not mailed notice to the company that It is subject to being dissolved by administrative action pursuant to section 33.44-809 of the South Carolina Code, and that the company has not filed a certificate of cancellation as of the date hereof. Given under my Hand and the Great Seal of the State of South Carolina this 4th day of June, 2014 Mark Hammond, Seaetaryof State State of North CaroUna Department of the Secretary of State SOSID: 1412797 Date Filed: 11/19/2014 8:53:00 AM Elaine F. Marshall North Carolina Secretary of State C2014 318 00315 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LoIIm LWBam COMPANY Pursuant to §57D-7-03 of the General Statutes of North Caroline, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is SUNSET BEACH HOLDINGS H, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is NOT APPLICABLE 2. The state or country under whose laws the limited liability company was formed is SOUTH CAROLINA 3. Principal office information: (Select either a or b.) a ® The limited liability company has a principal office. The principal office telephone number: _(843)427-7200 The strut address and county of the principal office of the limited liability company is: Number and Street: � ;3 VERMILLION DRIVE City: LITTLE RIVER State: SC Zip Code: _ 29566 County: HORRY The mailing address, tf ififfaeat from the sheet address, of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: GREG KLEVA 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street MI EAST OAK ISLAND DRIVE City: OAK ISLAND State: NC Zip Code: 2U65 County: BRUNSWICK 6. The North Carolina mailing address, tfdt,Q'auafrom the street address, of the registered agent's office in the State of North Carolina is: Number and State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised Jammy 2014) (Fom L-09) APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) Name and rifle Business Addrm LUCKY FLOPS, LLC. MANAGER 26S VERMILLION DRIVE. LITTLE RIVER, SC 2"66 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Exiskitce mast be has than six months old. A pbotoeonv of the certification cannot be accented. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: _ The Secretary of State's Office will e-mail the business is filed. The e-mail provided will not be viewable on d see the instructions for this document. 171 r m The address probe at no cost when a documem For more information on why this service is offered, please 11. This application will be effective upon fling, unless a delayed date and/or time is specified: This the 1411 day of NOVEMBER 20L4 SUNSET BEACH HOLDINGS II. LLC Name of Limited Liability Company BY: ZAILANT, LLC — Manager By: JaneDean, LLC — Its Manager V' Sigmrhr+e of Cmnpmiy-ZVk1al FRANCISCO ZARAIL MANAGER OF JANEDEAN. LLC— MANAGER OF ZAILANT. LIZ, MANAGER OF SUNSET BEACH H HOLDINGS. LLC Type or Print Name and Tine Notes: 1. Filing feet S250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 2%22 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) The State of South Carolina Office of Secretary of State Mark Hammond Certificate of Existence I, Mark Hammond, Secretary of State of South Carolina Hereby certify that: SUNSET BEACH HOLDINGS 11, LLC, A Limited Liability Company duly organized under the laws of the State of South Carolina on November 13th, 2014, with a duration that is at will, has as of this date filed all reports due this office, including its most recent annual report as required by section 33-44-211, paid all fees, taxes and penalties owed to the Secretary of State, that the Secretary of State has not mailed notice to the company that it is subject to being dissolved by administrative action pursuant to section 33.44-809 of the South Carolina Code, and that the company has not filed a certificate of cancellation as of the date hereof. Given under my Hand and the Great Seal of the State of South Carolina this 14th day of November, 2014 Mark Hammond, Secretary of State Previous Page View as PDF Zoom in Zoom out Book:3544 Page:353 Next Page Tex Map No. B@II I m IN III IUI II� r" 15 4 2N 1141 u Y. 101pe� kWEGIrpa 1 8Fm BrWAM M. clemmm Raglater of D*W& 07-89-2914 18:54:21.000 arumarlok fly, We "C RD DG E STOP: $20409.00 (02tm=) / Est iO Tda! Rev Mt. Ck$ CkCash$ RdU*. Cash $_ Fitw = o patmntar cxtetm�dere ulagLmduem arxlarnr o}arlanat O 000amnl acnmh0 eaa§vaEea Ayarlpt� �� bwmnsnmecarmotta,epoe„waaaopied, Parcel Identft No. Mal after reoordmg io: This htstmment was prepared by: Hewett Law I =, MC, = Village Rd, Suhe 1, ShaDo te, N.C. 264T0 Delinquent tas. ifany, to be raid by dw clog d m0ey to the anmswick Cmmly Tax Colloclorupon disbursement of claeiog Imo% PREPARED WITHOUT OPINION OF T ME THIS DEED made this _ day of .hrly, 2014 by and between GRANTOR Big Pine Holdings, LLC, a North Carolina Limited Liability Company „ 1574 Monster Buck Estates NW Supply, NC 28462 JUL 1 6 26 GRANTEE BY: Sunset Beach Hold'mg;q, LLC, a South Carolina Limited Liability Company 2120 Sea Mountain Highway, Suite 12W North Myrtle Beach, SC 29582 The dwMgna*m Grantor w d Grantee as used herein shall Indude said parties, their helm, suc0s mm, and assigns, and shd Indude singular, plural, rnasoulne. feminine or neuter as required by context. WfrNESSETH, thallhe Grantor, for a veifuabie consideration paid by the Grante% the reoelpf ofwtddl is hersbye crowiedged, has and by these presents does grant, bargain, sea and convey unto the Grantee in fee almple, d drat certain lot Or panel of lard and mom perdWarty descried as follows: SEE EXHIJIT "A" ATTACHED HERETO AND INCORPORATED HEREIN View as PDF Zaom-in Zoom out Previous Page Book:3544 Page:354 Next Page ► • � II U II I� I� I �� B�mMa n Cleseana 'PROP • . ' Fe1� CavnlY. � Rpls�v of Deeds • pa4e 2 of26 � AA or a portion of the property hereimabova described was aogLdmd by Grentor by ins r ment recorded in Book Pape . Brunavadk County Regleby. A map showing ire above described property Is recorded in Plat Book!!, Pape ML and referenced wilfdn ids Instrument The above desolosd properly does not include the prImory resldence of the Grantor. TO HAVE AND TO HOLD the eforessW tot or parcel of land and all prvines and appurtenances thereto belongtmg to the Grantee in fee simple. And the Grantor covenants wtth the Gmntee, that G,mttm Is soloed of the premises to fee shnple, has the right to aarvey the eame in fee simple, that the Is marketable and flee and clear of an anc n tbranoss, and that GrarhWWD werrantand defend the tire agabtst the lawful detms of all persons whomsoever except for the aceepttoha hereinaPosr aIad. Title to the property herebhabove described Is subject to the toflawtrhg oweptions: 9) Lands "below tea kktso high water mark, 2) Riparian dahts incidental to the subject property, 3) Right of way for Riverside Drive as shown the survey map recorded in Lisp Bit H at Page 358, Parts Ore and Two, Bnmswiek Coin. North Carolina Registry. 4) AD goverrae;0 laud use regulations, Including but not Harrod to, zoning and storm water regulations. IN MNFSS UY KMOF, the GMntor leas bereunto set lob hand and 804 or tf corporate, No caused tide MAMMON to be tamed in is corporate name by its duly authorbo d otlke„s), the day and year first above rwitton. ft Pine HaWmn LLC ISFJiL) (ENTITY NAME) BY 4 (SEAL) Gore, Mangerlhlember of Big Pine Holdings, LLC W. LLC .LC STATE OF NORTH CAROLINA, BRUNSWICK COUNTY I oerty thatfhe following person(s) pe smWly appeared before me this day, each acknowtedghhg to me that he or she signed the foregoing document: . Witness my hand and offI ate mp or seal, this the 7 day of&I. lA..u:d%� My Commission Expires: t Notary Public V,��L sct J. p� yy_ Print Nab" Name r 1*11� .1�� to VNINjgar TO %Boc cj *74 This oerm" roar ere no deanquerd ad valom tams. lees, aseeasmaare a otlarr MM whlbh the Bmasv ick Cow" Us Colinas ts merged wnh golleakna, that are a Assess Met Ma parcel number ntidd the deed daseOon. DEC t 7 M4 First A, tcu.t-P/p � Mlff Data p c lDel.7tar8px TOW, Rer�-r //��Int. CkS Ck#Lj'�CashS Munn Cash S_FiWa_ (a ntnieaaamuunanmamepor a.mm�aeoo acegoat Ne ll ,.. ODaanwrowsI Gwftwdrtlbrapnd _p! Ndmmaeraarwx bo repo0ua0arrpad. nna:w�r•�u�lron Prepared irr Robert & Guytm Esq. 46M B Okander orire, Belle 202 Myak Besets, SC 29577 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK TAX PARCEL: THIS DEED, made this e1day of December, 2014 by.and between, SUNSET BEACH HOLDINGS, LLC, a South Carolina limited liability company, called GRANTOR and SUNSET BEACH HOLDINGS H, LLC, a South Carolina Invited liability company, whose mailin6 address is �in Aa.1-h Oak Sf. S 711,u �(a! 1%'tb R, weA. t"A celled GRANTEE. — 7 g7,'7 WITNESSETHTHAT; THE GRANTOR for and in consideration of the soon of Ten Dollars (SI0.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby aclmowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, its successors and assigns forcer, that certain real property located in Bnmswick County, North Carolina, described as follows: SEE EXHIBIT "A" ATTACHED HERETO TO HAVE AND TO HOLD the property described above, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereonto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever. AND THE GRANTORefor itself, its successors and assigns, do covenant to and with the said GRANTEE, its successors and assigns, that they are seized in fee of the above granted and described property; that they have good right to sell and convey the some in fee simple; that the same is five and clear from any and all restrictions, easements or encuonbraoom except those mentioned above; and it will and its successors and assigns shell wartnm and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. 4 Previous Page View as.PDF Zoom in Zoom out Book:3596 Page:420 Next Page WOMAN CIIIJ Paw Y. [oW Ogap are IN TESTIMONY WHEREOF, the said GRANTOR has hereunto sat its hand as of the day and year first above written. SMET BEACH HOLDINGS, LLC, a North Carolina limited liability company (;FN /� J"I 16 Z 13 11 a Notary Public in and for die Stan County aforesaid, do certify that Richard Mace Watts. Jr. as Manages of SUNSET LLC, a South Carolina limited liability company, personally appeared me this day and acla owledged the due execution of the foregoing instrumant, by authority duly given, as the act and deed of the limited liability company. WITNESS my hand and ofi'ieial seal this _ 1 a day of December, tom. my Commission Expires: SOSID: 1385502 Date Filed: 8/26/2015 7:46:00 AM Effective: 9/26/2015 Elaine F, Marshall North Carolina Secretary of State C2015 232 00342 State of North Carolina Department of the Secretary of State STATEMENT OF RESIGNATION OF REGISTERED AGENT Pursuant to §55D-32 of the General Statutes of North Carolina, the undersigned hereby submits the following statement: Kleva (0pc or print name), hereby resign my appointment as registered agent for the following entity: Sunset Beach Holdings. LLC Entity type: ❑Corporation, []Foreign Corporation, ❑Nonprofit Corporation ❑Foreign Nonprofit Corporation, []Limited Liability Company, QForeign Limited Liability Company, []Limited Partnership, ❑Foreign Limited Partnership, ❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership 2. The undersigned certifies that written notice of this resignation as registered agent of the entity has been mailed or delivered to the entity a5 follows: Name and Title of Individual Richard Mace Watts. Jr. - OismKiMemherfManager Addrez% 2120 See Motadaln Highway - Suite 1200 City, Stale, Zip Code North rhyme Beach, South Carolina 29582 3. The registered office is to be discontinued (check here ✓ ifapphaable) This the 79 day of August 10 2015 Straw! Beach Holdinas. LLC �egoy Kleva - Registered Agent Type or Print Name and Title NOTES 1. No miog fee. This documcsa must be filed with the Secremry of State. ' 2. The appoint mn as registered Wm is lemonmed, n:1J the regiaetcd office is discontinued if so provided, on flit 3 tatty after the dale on wfiich this stotcmerd is filed. . CO$POitAT1ONS DIVISION P.O. BOX 29622 KALEIGH, NC 27626.0622 (RevisedJamrom 2002) (Form BE-07) SOSID: 1412797 Date Filed: 8/26/2015 7:48:00 AM Effective: 9/26/2015 Elaine F. Marshall North Carolina Secretary of State C2015 232 00341 Stott of North Carolina Department of the Secretary of State ,STATEMENT OF RESIGNATION OF REGISTERED AGENT Pursuant to §55D•32 of the General Statutes of North Carolina, the undersigned hereby submits the following statement: IOevo (type or print name), hereby resign my appointment as registered agent for the following entity: Sunset Beech Holdln9a h, LLC Entitytype: ❑Corporation, ❑Foreign Corporation, ❑Nonprofit Corporation ❑Foreign Nonprofit Corporation; ❑Limited Liability Company. (DForeign Limited Liability Company, ❑Limited Partnership, ❑Foreign Limited Partnership, ❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership 2. The undersigned certifies that written notice of this resignation as registered agent of the entity has been mailed or delivered to the entity as follows: Name and Title of Individual Richard Mace Wass . Jf. -s OwnteflMemberNanager 255 Vermillion Drive City, Slate. Zip Code Me River, South Carolina 295N 3. The registered office is to be discontinued. (check here ✓ rjapplicabie) This the 79 day of August _ 20 zots Sunset Beach Holdings II, LLC 7e a of Entity Sigifature RR/fiNN��"r,�•• Gregoy Wave - Registered Agent 'type or Print Name and Title NOTBS I. No Niag fee. This document must be tiled with the Suretary of 3wie., 2. The appointment as registered agent is terminated, and the registered oit" is diswntinued if so Provided, on its; 31r day after the date on which this statement is riled. CORPORAPWNS DIVISION PA. BOX 29622 RALEI6FL NC 27626.0622 Wevised Jonnaq 2002) (F•orm NE-07) !e ". k JINKSCREEK 1� GREG&JA 0. [SS T ..srn.mn. enoenm Galw°Ev��r65w �I �I \.\ / JDVKS CREEK \ xm aExre xsnRmuJ Nn .,•.. � lateti \ � � J - I 1 1 j 19 _ I ® - n a I l ' f m.msr. la°61.ss. a m.ms, R , I RIVERSIDE DRD'6: — � _ ern__ 2-- .. ,a4SF e R ?B N a wSNORE rt�"vn nf D rrm�cw kr oSwOR y LE AtRER'I WEB;MR ?yj° JINKS CREEK FEEDER CANAL oFimemx w."�tw sus.vu • nunanaEn e:acsn umm __ - Luwmr v..xnexm �� �m re'°' lil�lllllllllllllll'I v�aeta ---j II�IIIIIIIIiI pae� i.,.,„, score r -.v a zo o eo Im JINKS CREEK nx we.ra M. \ / nln.eu"..n- �. u.s•ui �i IPLR vn iein z°i - / RMRSIDEE DRNF. • .2 tn..sy�"4 L f \ Glum _ rvmrn'rvsmvvr s.v ¢� _nR 9KLy d q PVE laeua Y .j t k2k _ r laeut. n -1 ", -i -kjc in o s b r 4 0.0 5. C k tOi 9 11.N' S 112F. a I°11Opi. a OOF C O r� ® .Sa k69x $ Ox 51 Z mix ofR 3] t P 2 rs. 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I found this topo map in it — will this work for you? Jo Casmer Administrative Assistant for DEMRUStorsnwater Section NC Department of Environment & Natural Resources Division of Environmental Assistance & Customer Service 127 Cardinal Drive Extension VAlmington, NC 28405 Phone: (910) 796-7336 Fax: (910) 350-2004 fmail correspondence to and from this address may be sub/ert to the North Carolina Pbbtic Records Law and may be disclosed to third parties B1d'i !D 3 I � � "TopoZone - The Web's Topographic Map Page 1 of 1 I, iuL i - a v,. aCF g lVts rro u� � � y lZ � 77, v vN V.V VJ 1.< 1.J M1L1IrT G 0 0.1 0.2 0.3 0.4 0.5 mi Map center is 330 52.34'N, 780 30.26'W (WGS84/NAD83) Little River quadrangle M=-8.489 Projection is UTM Zone 17 NAD83 Datum G=1.392 :fs-- w 8 0 4-0 7 '-{-O http://www.topozone.com/print.asp?z=17&n=3750805.99960802&e=730849.000085052&s... 2/4/2005 Casmer, Jo From: Casmer, Jo Sent: Tuesday, April 01, 2014 3:16 PM To: 'janharris@atmc.net Subject: FW: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Attachments: W00036193,pdf; Riverside Drive SWB 040740.pdf Jan: I am attaching the most recent version of the State Stormwater Permit SW8 040740 for "Riverside Drive." I am also attaching a Vacuum Sewer Extension permit issued in Raleigh for "Sunset Beach Vacuum Sewer Extension." Our database indicates this is for "Riverside Drive Vacuum Sewer Extension" which is why I am including it. These are the only permits for the Stormwater Section and Water Quality Regional Operations Section that are reflected in our database. jo Casmer Administrative Assistant IV NC Department of Environment & Natural Resources Division of Environmental Assistance & Customer Service 127 Cardinal Drive Extension Wilmington, NC 28405 Phone:(910) 796-7336 Fax: (910) 350-2004 Email correspondence to and from this address may be subject to the. North Carolina Public Records Caw and may be disclosed to third parties From: Snider, Holley Sent: Monday, March 31, 2014 4:27 PM To: willam harris Cc: Casmer, Jo; Davis, ]an Subject: RE: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Please see the contact information for Water Resources -Jo Casmer and Land Quality -Jan Davis. Holley Snider Field Representative NC Department of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215, Fax: (910) 395-3964 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. `A Be Green - Don't print this e-mail unless required. From: willam harris fmailto;janharris(a)atmc.netl Sent: Monday, March 31, 2014 4:08 PM To: willam harris Cc: Snider, Holley; soweddle(alatmc.net; srwood(Olatmc.net; Davis, Braxton C Subject: RE: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Holly Thank you for your phone call this afternoon telling me that you do not have a CLOMR for Riverside drive. I understand from our conversation that you will be putting this in an email later this week. I also understand you will include paperwork from site visits where activities are in compliance with permits such as sedimentation and control,etc I would like to request with this email copies of ALL state permits that have been granted for Riverside Drive As always,l will be happy to pay any charges for these copies. Thank you so much for your assistance. Jan Harris BEAT 919-414-0037 — ianharris(Matmc.net wrote: From: "willam harris" <ianharris(aDatmc.net> To: "Snider, Holley" <hollev.snider(iD.ncdenr.gov> Cc: <soweddle(c�atmc.net>, <srwood(cDatmc.net> Subject: RE: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Date: Fri, 28 Mar 2014 12:53:04 -0700 Holley, Could you please provide me with the document: Conditional Letter of Map Revision (CLOMR) that was received by Sammy Varnam for the Riverside Drive project as mentioned in your email below. I will be happy to pay any charges related to this request and am willing to drive to your office in Wilmington to pick it up Please let me know when I may do so. My cell 919-414-0037. Thank you. Jan Harris -- hollev.snider(rDncdenr.gov wrote: From: "Snider, Holley" <holley.sniderAncdenr.gov> To: Sandy Wood <srwoodCrDatmc.net>, Sue & Owen Weddle <soweddle(rDatmc.net>, "ianharrisCDatmc.net" <janharris atmc.net>, Randy Walters <randvwalters(rDatmc. net>, "John.gerber@ncdp5.gov" <John.gerber0ncdp5.goy> CC: "smarker(oDatmc.neY' <sroarkerAatmc.neh, "mikecwilliamsAyahoo.com" <mikecwilliamsavahoo.com>, "rwatts(&sunsetbeachnc.god' <rwatts(&sunsetbeachnc.00v>, "wilsonsherrillcoDhotmail.com" <wilsonsherrillCcDhotmail.com>, "tiohnson@sunsetbeachnc.gov' <tiohnsonnc sunsetbeachnc.00v>, "deesatolavcCii)-atmc.net" <deesatplayaatmc.net>, "ckscottl3agmail.com" <ckscott13CrDamail.com>, Sammy Varnam Subject: RE: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Date: Tue, 18 Mar 2014 20:38:01 +0000 Good Afternoon All, Tidal Ventures, LLC c/o Sammy Varnam received a CAMA major permit on March 31, 2005 that authorized "only the land disturbing activities associated with the establishment of the Riverside Drive subdivision, to include the construction of an access road and associated grading, bulkhead and utilities installation," and was due to expire on December 31, 2008. Jan Harris of the Brunswick Environmental Action Team (BEAT) filed a petition for and was granted a contested case hearing on May 20, 2005. BEAT alleged that the proposed development would likely close the adjacent waters to shell fishing and would include the expenditure of public funds in the OH AEC. The case was heard by ALJ Beryl E. Wade and ruled that the DCM decision to grant the permit was affirmed. The CRC then adopted the ALJs decision on April 3, 2006. The permit was modified on June 27, 2007 to include the construction of a storm water infiltration system (SW8040740) and a boardwalk. The permit was renewed and modified again on January 21, 2014, to include an additional boardwalk and kayak access pier. The permit is now due to expire on December 31, 2016. The applicant obtained a sedimentation and erosion control permit for the bulkhead construction and backfill (BRUNS 2005-160). The applicant had an engineered analysis performed and an engineer certified (Dan Bowman) that the bulkhead and fill placement would not lead to damaging flow diversion or wave ramping. The applicant also received a Conditional Letter of Map Revision (CLOMR) from FEMA for Riverside Drive. A general permit for maintenance excavation of the Feeder canal authorized the placement of spoil material on the Riverside Drive. The placement of fill in a VE flood zone is NOT prohibited by FEMA. "NFIP regulations prohibit the use of fill for structural support of buildings in V Zones. However, minor grading, and the placement of minor quantities of fill is allowed, but only for landscaping, drainage under and around buildings, and support of parking slabs, pool decks, patios, walkways and similar site elements. Fill must not prevent the free passage of floodwaters and waves beneath elevated buildings. Fill must not divert floodwaters or deflect waves such that increased damage is sustained by adjacent or nearby buildings." (FEMA tech. bulletin #5 page 21-22) Based on other FEMA regs and building code requirements, all structures within the V Zone must be elevated and meet the community's base flood requirements (sunset Beach= BFE +1 foot of freeboard). Elevated buildings would not require structural fill and would not present an obstruction to wave action. The construction of a bulkhead and placement of fill on Riverside Drive has been certified by an engineer, stating that the construction design would not prevent the passage of floodwaters and waves beneath the buildings and would not lead to damaging flow diversion or wave ramping. Construction on the bulkhead began in 2005, was on hold during judicial proceedings and was completed in 2008. Please feel free to call or email me if you have any questions or need my assistance in any way. Sincerely, Holley Snider ><uu° ><ua°> Field Representative NC Department of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215, Fax: (910) 395-3964 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. Be Green - Don't print this a -mall unless required. From: Sue & Owen Weddle fmailto:soweddle(@atmc.netl Sent: Sunday, March 16, 2014 2:36 PM To: Carol Scott; Lou DeVita; Mayor Ron Watts; Mike Williams; Susan Parker; Terry Johnson; Wilson Sherrill Cc: John.gerber(lu ncdD5.gov; Braxton Davis; Jan & Butch Harris; Sandy Wood Subject: INQUIRY: PERMITS GRANTED TO TIDAL VENTURES FOR WORK ON RIVERSIDE DRIVE PROJECT Hello Council Members and Town Administrator: Sandy Wood, Building Code Director, met with Jan Harris (Brunswick County Environmental Action Team (BEAT) on March 14 and Holly Snider, Field Representative, for Sunset Beach from the Wilmington office of the N.C. Division of Coastal Management (DCM) on Friday, March 14`h. The purpose of the meeting was to review the permits for fill on Riverside Drive on the island of Sunset Beach. Riverside Drive is the long peninsula on the north side of the long man-made canal on the island — otherwise known as the Jinks Creek Feeder Canal. This canal provides the only ingress and egress to the 4 finger canals on the east end of Sunset Beach . This entire peninsula known as Riverside Drive is in a FEMA VE Zone as well as the land on the south side of the long canal containing the development on the finger canals and Old Campground. Evidently in 2004, Tidal Ventures (the owners of the Riverside property) was granted a fill permit by the Division of Coastal Management. Throughout the years other permits were granted by the town or state Division of Coastal Management. The last permit in the file was granted in 2014 to place fill on lots 70, 71, and 72 of the platted lots on Riverside Drive by Hollie Snider, a Field Representative for the Division of Coastal Management in the Wilmington office. The problem with all of these permits is that putting fill in a VE Zone is prohibited by FEMA regulations. It is the local government's responsibility working with the FEMA regional office in Raleigh to make sure all of FEMA's regulations are met. It is not the state's responsibility to make sure local governments meet their FEMA obligations (although the state employees should have known better and so advised the town and should not have been issuing state permits contrary to FEMA regulations.) If a local -government fails to meet its obligations under the FEMA regulations, our entire town could lose the ability to participate in the federally -subsidized flood insurance program. 2. To assist local governments in administering FEMA requirements for building in flood zones, FEMA has developed a number of publications — user friendly and well written. They have offered workshops to those who will be responsible for administering the FEMA requirements and each state has a FEMA representative - ours is: John Gerber, PE, CFM NC Division of Emergency Management 4218 Mail Service Center Raleigh, NC 27699-4215 919-825-2317 John.gerber .ncdp5.gov 3. One of the most useful publications by FEMA to provide the layman with a general understanding of the FEMA requirements is the FEMA publication: Unit 5: The NFIP Floodplain Mana eq ment Requirements. The additional requirements for development in a VE Zone are on pages 5-51 through 5-59. This publication is readily available online by googling the title. To the point, here are the prohibitions on fill in a VE Zone (Page 5-52). Buildings must be on pilings "Other methods of elevating buildings — on fill, solid walls or crawlspaces- and floodproofing are prohibited because these techniques present obstructions to wave action. The force of a breaking wave is so great that these types of foundations would be severely damaged, resulting in collapse of the building. While fill is not allowed for structural support for buildings within V Zones because of the severe erosion potential of such locations, limited fill is allowed for landscaping, local drainage needs, and to smooth out a site..." By allowing a bulkhead and massive amounts of fill dirt to be placed on Riverside Drive, the town has effectively and illegally created a dam (See pages 5-18-through 5-22). During a hurricane or other storm, water will pile up in the finger canals and long canal with the only egress through the long and narrow canal. Instead of spreading out over the tidal marsh to the Intracoastal Waterway, the confined water will back up into the finger canal properties and the Old Campground properties. Allowing fill and bulkheading on the north side of the long canal has put all of these properties at a higher risk for flood damage. The town has also damaged Tidal Ventures, which has spent lots of money putting in fill dirt and a bulkhead, because they can't build on this fill. They might have been able to find enough high ground to put a couple of houses on Riverside Drive prior to filling, but now they have nothing. All of this could have been so easily avoided if someone in the town had been tending to town business. All of the information needed has been put out in simple language by the federal government, and our FEMA contact in Raleigh stands ready to give us assistance with whatever we need. I trust the issues raised above can be addressed and resolved to the satisfaction of all affected parties. Sue Weddle BOWMAN DESIGN & ENGINEERING SERVICES, PA 143 Holden Beach Road, Suite 3, PO Box 748, Shallotte, North Carolina 28459 Phone:910-755-6526 F= 910-755-6527 May 25, 2010 Linda Lewis Division of Water Quality NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Riverside Drive, SW8 040740 Sunset Beach, Brunswick County Request for recorded deed restrictions, designer's certification Dear Linda: Our office received a copy of your letter dated May 21, 2010, requesting a copy of the recorded deed restrictions and designer's certification. To date, none of the property has been sold by the developer, no portion of the stormwater treatment system has been installed, and there is no built -upon area. The developer is aware that prior to the sale of any lots, the restrictions will need to be recorded. The developer is also aware that a designer's certification is required to be submitted to your office after construction is complete. Sincerely, 1E Eliza eth Nelson, PE Enclosures cc: Mr. Sammy Vamam File: Riverside Drive (0324) MAY 2 6 2010 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 21, 2010 Samuel Varnum, Managing Member Tidal Ventures, LLC 1574 Monster Buck Estates Supply, NC 28462 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION Riverside Drive Stormwater Project No. SW8 040740 Brunswick County Dear Mr. Varnum: Dee Freeman Secretary On May 16, 2007, the Wilmington Regional Office issued a Stormwater Management Permit to you for Riverside Drive. Per the requirements of the permit, deed restrictions must be recorded prior to the sale of any lot, and a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. Additionally, the as -built stormwater system must be certified by an appropriate design professional as having been constructed in substantial compliance with the permit. A review of our files indicates that, as of this date, neither the Designer's Certification nor a copy of the recorded deed restrictions has been received in this Office. Failure to submit the. Designer's Certification and/or failure to record the deed restrictions prior to selling lots and/or failure to submit a copy of the recorded deed restrictions are violations of your permit, and subject to enforcement action. Please have the stormwater system certified by an appropriate design professional and forward the completed Designer's Certification and a copy of the recorded deed restrictions to this Office at the address below by June 21, 2010, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If the project has not yet begun construction please provide a written response regarding the status of construction. If you have any questions, please do not hesitate to call me at (910) 796-7215. Sincerely,/ Linda Lewis Environmental Engineer III GDS/arl: S:\WQS\STORMWATER\DEEDREST\040740.may10 cc: Elizabeth Nelson, P.E., Bowman Design & Engineering Brunswick County Building Inspections Wilmington Regional Office Stormwater File DWQ Central Files ,Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 Internet v .ncsaterquality.org Nne ot1hCarolina Nahl"llJ An Equal Opportunity 1 Arfirmafive Acfion Employer North Carolina Secretary of State Page 1 of 1 G Elaine F. Marshall Secretary ations Home By Corporate Name For New & Dissolved By Registered Agent ant Notice of Tickets Online ations FAQ wners' Association FAQ Jnincorporated Non -Profits )Issolution Reports Jon -Profit Reports /erlfy Certification )nline Annual Reports LINKS & LEGISLATION SHE B2B Annual Reports OSID Number Correction 001 Bill Summaries 1999 Senate Bills Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS [art An Order New Payment Procedures CONTACT US Orporatlons Division TOOLS ecretary of State Home cretary of State Site Map rintable Page North Carolina DEPARTMENT of THE SECRETARY of STATE PO Box 29M Rele an, NC 27626 0622 19191807.2000 Date: 5/21/2010 here to: Document Filings I Sign Up for E-Notifications I int apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Names Name NC Tidal Ventures, LLC I Liability Company Information Name Type Legal SOSID: 0741924 Status: Current -Active Date Formed: 9/3/2004 Citizenship: Domestic State of Inc.: NC Duration: 12/3112050 Bred Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Gore, Gregory Stuart 1350 Hickman Rd NW Calabash NC 28467 1350 Hickman Rd NW Calabash NC 28467 401 S Sunset Beach Sunset Beach NC 28468 401 S Sunset Beach Sunset Beach NC 28468 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitcmld=6523731 5/21/2010 C200912100139 *h r 1 I LIMITED LIABILITY COMPANY ANNUAL REPORT e NAME OF LIMITED LIABILITY COMPANY: Tidal Ventures, LLC SECRETARY OF STATE L.L.C. ID NUMBER: 0741924 NATURE OF BUSINESS: Real Estate Investment holding company REGISTERED AGENT: Gore, Gregory Stuart REGISTERED OFFICE MAILING ADDRESS: 1350 Hickman Rd NW Calabash, NC 28467 Date Filed: 5/1/2009 9:30:00 AM Elaine F. Marshall North Carolina Secretary of State C200912100139 STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 13501Ilckman Rd NW Calabash, NC 28467 Brunswick County SIGNATURE OF TFIE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 579-5400 PRINCIPAL OFFICE MAILING ADDRESS: 40l SSunset Beach Sunset Beach, NC 28468 PRINCIPAL OFFICE STREET ADDRESS: 401 SSunset Beach Sunset Beach, NC 28468 MANAGERS/MEMBERS/ORGANIZERS: Name: Gregory S Gore Varnam Name.• Samuel N Varnam Varnam Title: manager/member TUIe: manager/member Address: Address: 1350 Hickman Rd NW 1574 Monster Buck Est Calabash, NC 28467 Supply NC 28462 CERTIF ATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES 4 ST BE SIONED BY A MANAOER/MEMBER DATE TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Coryoretiom Division • Post Office Box 29525 • Raloigl4 NC 27626.0525