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HomeMy WebLinkAboutSW8051045_HISTORICAL FILE_20181015STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 QS lU`!S DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2ot5r►VV-) YYYYMMDD I;r ROY COOPER NORTH CAROLINA Go,ernor Environmental Quality MICHAELS REGAN seoetarn WILLIAM E (TOBY) VINSON JR Inlenrn Director October 15, 2018 KG Plaza LLC AtLn Mr Jack) Carlisle Manager 8620 River Road Wilmington, NC 28412 Subject Name / Ownership Change and Permit Fxtension State Stormwater Management Permit No SW8 051045 The Reserve at Palmetto Creek Brunswick County Dear Mr Carlisle Effective August 1, 2013 the State Stormwater program has been transfers ed from the Division of Water Quality (DWQ) to the Divvsion of Energy, Mineral and Land Resources (DEMLR) All previous refer ences to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified Please note that the updated permit or any updated pages to the permit will now reference DEMLR as the Division r esponsible 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 Energv, 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 anv stormwater permit that was set to expire din ing this time frame up to thi ee (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 tip to four (4) years On October 10, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) r eceived a permit and Name/Ownership Change Form from Palmetto Creels, LLC for the subject project A site inspection has not been completed because you have also submitted a permit modification application which will be accepted after this Name/Ownership change is issued Also, you have submitted a letter dated October 8, 2018 indicating that you understand that the project is not in compliance, and that you intend to bring the project into compliance by modifying it, deed restricting it, certifying the systems, and maintaining the system By acknowledging receipt of the per nit, and by signing the Name/Ownership Transfer for m, you have accepted the responsibility for complying with the terms and conditions outlined in this permit The Division is hereby notifying you that permit SW8 051045 has been transferred on October 15, 2018 and to remind you that this permit shall be effective until April21, 2020 For your records, please find enclosed a copy of the updated permit, and a copy of the Name/Ownership Change form submitted on October 15 2018 Please note that the renewed, updated and i e issued per mrt does not impose new or different terms, it merely restates and cliriLes some of the previous terms to provide you with abetter understanding of your obligations under the permit Noah Cs ohna Depm ement of ❑rvu onm�ntai Quahh I DIVISionof Ener% Mmeialand Land Resou�ees WtImmgron Regional Office 1127 Cat dinal Dnu Latens,on 1 Wilmington North Carohn328405 410 79G 721 i it State Stoi mwater Permit No SW8 051045 Page 2 of 2 I his pei mit is subject to the conditions and limitations as specified in the updated permit Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s) recordation of deed resti ictions, procedures for changes of ownership transferring the permit, and i enewmg the permit Failut e to establish an adequate system for operation and maintenance of the stormwater management system, to recut d deed i estrictions to transfer the permit, or to renew the permit will result in futui e compliance problems I( any pat ts, requirements, of limitations contained in this pet mit are unacceptable, you have the right to i equest an adjudicator y hearing by filing a wi itten petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 150B of tire 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 pi cress at 6714 Mail Service Center, Raleigh NC 27699 6714 or via telephone at 919 431 3000 or visit their website at wnvw NCOAH com Unless such demands ate made this permit shall be final and binding If you have any questions, need additional copies of the pet nut or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796 7331 Sincer ly, �1\Nilham L (Toby) Vinson, Jr PE CPESC CPM, interim Director Division of Enei gy,�Mineral and Land Resources GDS/kpj \\\Stormwatcr\Pernuts & Pi ojects\2005\0S1045 HD\2005 10 permit 051045 cc Mt D Logan Manager, Palmetto Creek LLC (previous permittee) 6740 Netherlands Drive, Suite F, Wilmington, NC 28405 Mi Phil Tiill PE, Tripp Engineering 419 Chestnut Street Wilmington NC 28401 Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No SW8 051045 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 KG Plaza, LLC The Reserve at Palmetto Creek Palmetto Creek Way, Bolivia, Brunswick County FOR THE construction operation and maintenance of three wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000 effective September 1 1995 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy Mineral and Land Resources (DEMLR) and considered a part of this permit This permit shall be effective from the date of issuance until April 21 2020 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data This stormwater system has been approved for the management of stormwater runoff as described in Section 15 of this permit The subdivision is permitted for 60 lots, each allowed 4 000 square feet of built -upon area, and town homes that are allowed the following built -upon area in square feet Town Home Number BUA, sq ft 316 21 26 31 38 42 48 51,54 61 65 68 72 76 81 1 808 86 1 2 4-15, 17-20 22-25, 27-30, 32-37 39-41 43-47, 49, 2 681 50,52 53 55-60 62-64 66 67 69-71 73-75 77-80 82- 85, 87, 88 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 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 Page 3 of 10 State Stormwater Management Systems Permit No SW8 051045 The following design elements have been permitted for the wet detention pond stormwater facilities, and must be provided in the systems at all times Design Criteria Pond #1 Pond #2 Pond #3 a Drainage Area acres Onsite ft2 Offsite h2 853 371,715 None 15 83 689 745 None 10 56 60 070 4600 None b Total Impervious Surfaces ft2 (1) Buildings (2) Roads/Parking (3) Other (4) Offsite 194 129 109 988 72 794 11 347 None 320 310 211 100 97 756 11 454 None 181 312 140 000 37 282 4 030 None c Design Storm inches 1 0 1 0 1 0 d Pond Depth feel 5 5 5 e TSS removal efficiency 90 90 90 f Permanent Pool Elev FMSL 380 300 220 g Perm Pool Surface Area ft2 50 407 51 690 14 219 h Permitted Storage Volume ft3 24 175 53 108 21 226 i Temporary Storage Elev FMSL 385 31 0 2335 t Controlling Onfice 0 pipe 20 20 20 k Permitted Forebay Volume ft3 48 700 52 073 9 189 1 Receiving Stream/River Basin UT to Lockwoods Folly R / Lumber m Stream Index Number 15 25 1 (11) n Classification of Water Body SC o Max horsepower for a fountain 3/4 3/4 1 1/6 II SCHEDULE OF COMPLIANCE 1 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 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 DEMLR, and responsibility for meeting the built -upon area limit is transferred to the individual property owner 3 If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit 4 The permittee shall submit to the Director and shall have received approval for revised plans specifications and calculations prior to construction, for any modification to the approved plans including but not limited to those listed below a Any revision to the approved plans regardless of size b 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 The Director may determine that other revisions to the project should require a modification to the permit Page 4 of 10 State Stormwater Management Systems Permit No SW8 051045 6 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 7 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 8 During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 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 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 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 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 051045 as issued by the DEMLR 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 DEMLR e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the DEMLR f The maximum built -upon area per lot is 4 000 square feet, and town homes are limited to the following built -upon area in square feet i own riome rvumoer I HUA, sq n 1 3,16, 21, 26 31, 38 42, 48, 51, 54, 61, 65, 68, 72 76 81, 86 1,808 1 2, 4-15, 17-20, 22-25 27-30, 32-37 39-41, 43-47 49 50 52, 2 681 53 55-60. 62-64. 66, 67, 69-71 73-75, 77-80 82-85 87 88 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 Lots within CAMA s Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations All runoff from built upon area 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 Page 5 of 10 State Stormwater Management Systems Permit No SW8 051045 Built -upon area in excess of the permitted amount will require a permit modification 13 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 14 Wet Pond Fountain Language a Decorative spray fountains are allowed in the pond subject to the following criteria i The minimum permanent pool volume is 30 000 cubic feet u The fountain must draw its water from less than 2' below the permanent pool surface ui Separated units, where the nozzle pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond IV The fountain may not be placed into the forebay v The falling water from the fountain must be centered in the main pond away from the shoreline vi The maximum horsepower for a fountain in this pond is HP horsepower b Decorative spray fountains will not be allowed in the stormwater treatment system as the permanent pool volume is less than 30,000 cubic feet c Decorative spray fountains will not be allowed in the stormwater treatment system until calculations are provided documenting the permeant pool volume is greater than 30,000 cubic feet 15 Prior to transfer of the permit, the stormwater facilities will be inspected by DUNILR 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 16 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition 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 17 Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date activity name of person performing the work and what actions were taken 18 The facilities shall be constructed operated and maintained in accordance with the provisions of this permit, the approved plans and specifications and the supporting documents attached to this permit and on file with the Division 19 Built upon area includes, but is not limited to structures asphalt, concrete, gravel brick stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools Page 6 of 10 State Stormwater Management Systems Permit No SW8 051045 III GENERAL CONDITIONS 1 This permit is not transferable to any person or entity except after notice to and approval by the Director The permittee shall submit a completed and signed Permit Transfer Application accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events a Any ownership change including (Red text is for subdivisions only ) i The assignment of declarant rights to another individual or entity n The sale or conveyance of the common areas to a Homeowner's or Property Owners Association subject to the requirements of Session Law 2011-256 ui 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 and protective covenants iv Dissolution of the partnership, corporate, or LLC entity subject to NCGS 55-14-05 or NCGS 57D-6-07 b Bankruptcy c Foreclosure subject to the requirements of Session Law 2013-121 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 DEMLR, 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) which 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 DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours 8 The permittee shall notify the Division 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 10 The permittee shall submit a completed Permit Information Update form to the Division at least 30 days prior to making any one or more of the following changes a A name change of the current permittee b A name change of the project, c A mailing address change of the permittee 11 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request Neither the sale of the project, in whole or in part nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit Page 7 of 10 State Stormwater Management Systems Permit No SW8 051045 12 The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification transfer, renewal, or rescission, however these actions do not stay any permit conditions Permit transferred and reissued this the 1511 day of October 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION f� Q Z` r,C` /J scg—ea /tea E (Toby) Vinson, Jr PE CPESC CPM Interim Director Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 051045 Page 8 of 10 State Stormwater Management Systems Permit No SW8 051045 The Reserve at Palmetto Creek Stormwater Permit No SW8 051045 Brunswick County 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 protect (Project) for (Protect Owner) hereby state that to the best of my abilities due care and diligence was used in the observation of the protect 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 are a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No SW8 051045 Certification Requirements Page 2 of 2 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 protect 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 outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 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 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDEQ-DEMLR Regional Office Brunswick County Engineering Page 10 of 10 _ - - DEMLR USE ONLY Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H 1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office which can be determined by locating the project on the interactive online map at http //deg nc gov/contact/reoional-offices After this application Is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee Per the state stormwater rules and the state stormwater permit conditions the permit shall not be transferred until 1 the current permittee resolves all non-compliance issues identified in the inspection report 2 the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities The negotiated resolution must identify the necessary actions the responsible party(les) and the timelines to correct the deficiencies The site must either be found in compliance or a copy of the negotiated resolution must be submitted poor to the transfer of the permit), or 3 in the case where a transfer falls under G S 143-214 7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit Signature requirements for the named signing official (for current and proposed permittee) must meet the following • Corporation - a principal executive officer of at least the level of vice-president, • Limited Liability Company (LLC) - the designated manager (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H 1040) that shows they have legal authonty to sign for the LLC) • Municipality - a ranking official or duly authorized employee • Partnership or limited partnership - the general partner • Sole proprietor • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable A GENERAL INFORMATION 1 State Stormwater Permit Number SW8 051045 2 Project name The Reserve at Palmetto Creek Is this an updated project name from the current permit? ❑ Yes ® No 3 Reason for the permit transfer request Change of ownership ECEOVE AUG 2 12018 BY Stormwater Permit Transfer Application Form Page 1 of 7 April 27 2018 B PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1 Both the current and proposed permlttees ❑ 2 Only the current permttee of a condominium or planned community (skip Part F & G) In accordance with G S 143-214 7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners association In accordance with the declaration, ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below) ❑ The stormwater management system Is In compliance with the stormwater permit NOTE If subdivision was built prior to 1999 the Declarant s Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision If the Declarant chooses to use this type of transfer the determination must be In writing, signed by the attorney, and submitted to DEMLR with this form ❑ 3 Only the proposed permrttee (skip Part D below) In accordance with G S 143-214 7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked ❑ a The proposed permlttee is either (select one of the following) ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur ❑ The successor -owner who Is the sole claimant of the right to engage In the permitted activity ❑ b The current permlttee Is (select at least one of the following but all that apply) ❑ A natural person who Is deceased ❑ A partnership, Limped Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity Is occurring or will occur ❑ A person who has sold the property on which the permitted activity Is occurring or will occur ❑ Other (please explain) ❑ c The proposed permlttee agrees to the following requirements (all must be selected) ❑ There will be no substantial change in the permitted activity ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit Is transferred ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred !cCEt VE_ AUG 2 12018 BY Stormwater Permit Transfer Application Form Page 2 of 7 Apnl 27 2018 C SUBMITTAL REQUIREMENTS Please mark Y" to confirm the items are included with this form Please mark "X If previously provided If not applicable or not available, please mark N/A Y 1 A processing fee of five hundred and five dollars ($505 00) per G S 143-215 3D(e)(2) Y 2 Two hard copies (with original signatures) and one electronic copy of this completed form and the required Items Y 3 For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina Y 4 If Part B, Items 1 or 3 of this form Is selected the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit Y 5 Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity N/A 6 If required by the permit and if the project has been built a signed sealed and dated certification document from a licensed professional stating that the stormwater management system has been Inspected and that it has been built and maintained In accordance with the approved plans Y 7 A copy of the recorded covenants and deed restrictions If required by the permit If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants N/A 8 If transferring under G S 143-214 7(c2) (i e , Part 8 Item 2 of this form is selected) documentation verifying that 50% or more of the lots have been conveyed to Individuals (not builders) Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner s name, conveyance date and deed book and page number are acceptable N/A 9 If transferring under G S 143-214 7(c5) (i e , Part 8, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property N/A 10 A copy of the lease agreement if the proposed permittee Is the lessee N/A 11 A copy of the pending sales agreement if the proposed permittee is the purchaser N/A 12 A copy of the development agreement if the proposed permittee is the developer ECE9 CN AUG 2 12013 r 6V Stormwater Permit Transfer Application Form Page 3 of 7 April 27 2018 D CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Emad 1 Current Permit Holder's Company Name/Organization Palmetto Creek LLC 2 Signing Official's Name D Logan 3 Signing Officials Title Member Manager 4 Mailing Address 6740 Netherlands Drive Suite F City Wilmington State NC ZIP 28405 5 Street Address City 6 Phone (_) State ZIP I, D Logan �i4Rn�Ct /�i�sA'o���.,y�b A!4914t6ecurrent permittee am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit I have provided a copy of the following documents to the proposed permittee named in this application form (select all that apply) ® the most recent permit ❑ the designer's certification for each SCM ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats, ❑ the approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement ❑ past maintenance records from the previous permittee (where required) ❑ a copy of the most recent inspection report, I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge I attest that I have provided all of the required items per the law to transfer this permit I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below I understand that this request to transfer the permit may t bved by the DEMLR unless and until the facility is in compliance with the permit Signature Date I N\g:A L�o a Notary Public for the State of &00N\ QI1.tll�L County of (�Da�iVSWlC�6. do hereby certify that (!�, _ \,p(kQn personally appeared before me this the 24 day of 20 kb , and acknowledge the due ,9pa)04he„XArgoing instrument Witness my hand and official seal, 5;it�EA SpyC'�w: Seal) NOTARY =_ PUBLIC Signature MycorralRMNfires (A —A- TWA AUG 2 12018 BY Slormwater Permit Transfer Application Form Page 4 of 7 Apnl 27 2018 E PROPOSED PERMITTEE INFORMATION 1 The proposed permittee is the ® Property owner (Also complete Part F) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F) ❑ Lessee - Attach a copy of the lease agreement Both the lessee and the property owner will appear on the permit as co-permittees If the lease is terminated responsibility for the permit reverts to the property owner (Also complete Parts F & G ) ❑ Purchaser -Attach a copy of the pending sales agreement The permit will require submission of a copy of the recorded deed after the purchase has taken place If the purchase agreement is cancelled the permit reverts to the property owner (Also complete Parts F & G ) ❑ Developer - Attach a copy of the development agreement Both the developer and the property owner will appear on the permit as co-permittees If the development agreement is terminated, responsibility for the permit reverts to the property owner (Also complete Parts F & G ) 2 Proposed permittee name (check one of the following and provide the name) ® Corporation, LLC Partnership, Municipality name KG Plaza LLC ❑ HOA /POA /UOA name ❑ Sole Proprietor 3 Proposed permittee contact information Please be sure to provide Email a Signing Officials Name Jack J Carlisle b Signing Official's Title Member Manager c Mailing Address 8620 River Road City Wilmington State NC ZIP 28412 d Street Address City State ZIP e Phone (910) 520-6011 Email buvhorizonhomes(d)gmail com 4 if there is a Management Entity that manages the property for an HOA, POA or UOA, please provide Please be sure to provide Email a Management Company or Business name b Contact Name c Mailing Address d City e Phone (_) Email Title ZIP rAIJ(G 2 12018 Stonnwater Permit Transfer Application Form Page 5 of 7 April 27 2018 F PROPOSED PERMITTEE CERTIFICATION I,Jack J Carlisle , hereby notify the DEMLR that I have acquired through sale, lease development agreement or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system I acknowledge and attest that I have received a copy of (select all that apply) ® the most recent permit ❑ the designer's certification for each SCM ❑ any recorded deed restrictions covenants common areas drainage easements or plats, ❑ the approved plans and/or approved as -built plans, ❑ the approved operation and maintenance agreement, ❑ past maintenance records from the previous permrttee (where required), ❑ a copy of the most recent inspection report, 19 Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report If checked, the proposed permrttee must provide a written document statement with a "plan of action and schedule addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit This written plan of action and schedule' must be received by the Division before the Division will transfer the permit I have reviewed the permit approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit I will construct the project's built -upon area as shown on the approved plans, and I will {o nstruct} operateLaai tain the approved stormwater management system pursuant to the requirem fits fisted th per i t e operation and maintenance agreement Signature 9� i Date k_yl 1, 1/x—,U V4a Notary Public for the State of County of do hereby certify that _Z_Ar /_ ( ) personally appeared before me this the 7-0 day of `�i ply 2016, and the due execution of the forgoing instrument Witness my hand and official seal IEEE rAW PUBW —�rrrr.n► �.,� My commission expires C% � AUG 2 12018 BY Stormwater Permit Transfer Application Form Page 6 of 7 April 27 2018 G PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee The permit will revert to the property owner if the purchase agreement development agreement or lease expires or is terminated Company Name/Organization Palmetto Creek LLC Signing Official's Printed Name D Logan Signing Official's Title Member Manager Mailing Address 6740 Netherlands Drive Suite F City Wilmington State NC ZIP 28405 Phone (_) Email OkWIJO I ��fief6 Crop/� GcG hereby certify that I curceat own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf and/or leasing the property from me A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request I agree to notify DEMLR within 30 days if there are any changes to the purchase developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form or Permit Transfer Application Form to address these changes As the legal property owner, I acknowledge, understand and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21 Signature of the property owner —1� Date % — Z y `16 asp Notary Publ)_c for the State of County of r7f1�7� �.�1C� do hereby certify that personally appeared before me this the 2t� day of 20 15 and acknowledge the due execution of the forgoing instrument Witness my h4raw seal, ��ARY r PUBLIC =U -•,�nn,uunu.omm�o- �1 My commission expires OR-\�- LO n L` rAUG 2 1 2G18 Stormwater Permit Transfer Application Form Page 7 of 7 April 27 2018 KG PLALA, LLC 8620 RIVER ROAD, WILMINGTIIN NC 28412 OctobW8, 2018 NCDEQ Division or EneM, Mineral. and Land Resources 127 Cardinal Drive Wilmington, NC 28405-3845 Attu Ms Kelly Johnson Re The Reserve at Palmetto Creek Permit -No S%8 051045 Dear Ms Johnson 1, Jack J Carlisle, Member Manager of KG Plaza, LLC, ackno%%Iedge that I am accepting a permit transfer for a permit (SW8 051045) that is not in compliance It is my intention to bring it into compliance once the permit has been transferred Sincerely, i 1 Jack J Carlisle, Member Manager KG Plaza LLC Johnson, Kelly From office@trippengineering corn Sent Wednesday, October 10, 2018 2 29 PM To Johnson, Kelly Cc ptripp@trippengineering corn Subject [External] RE SW8 051045 The Reserve at Palmetto Creek Attachments CarlisleDEQLetter pdf Kelly, Attached is the letter you requested for the transfer Please let us know if you need anything else Phil From ptripp@trippengineering corn <ptnpp@trippengmeenng com> Sent Tuesday, October 9, 2018 3 46 PM To 'Johnson, Kelly' <kelly p Johnson@ncdenr gov> Cc office@trippengineenng com Subject RE SW8 051045, The Reserve at Palmetto Creek Kelly, We have contacted the developer to provide the letter Thank you, Phil From Johnson, Kelly <kelly P iohnsonC@ncdenr gov> Sent Thursday, October 4, 2018 3 39 PM To ptripp@tnppengineering com Cc buvhorizonhomes@email com Subject FW SW8 051045, The Reserve at Palmetto Creek Phil, I went through the transfer application for this one this afternoon, and everything looks good I just need a letter from him stating that he understands that he is accepting a permit transfer for a permit that is not in compliance, and that he intends to bring it into compliance once he becomes the permittee You all have already submitted the application package to modify the permit, and that package will be accepted upon issuing this transfer Specifically, once he is the permittee he will have to obtain that modification, record deed restrictions, certify the systems, and perform any maintenance that may be necessary We do not typically inspect projects in this situation because the modification will likely change the site considerably Once we receive that letter (signed and scanned is fine), we can get this out Since this is a fairly simple one, I haven't generated an official Request for Additional Information letter But, I am required to set a due date Please respond by 10/19/18 Thanks, Kelly From Johnson, Kelly Sent Thursday, May 24, 2018 2 57 PM To 'ptripp@trippengineenng com' <ptripp@tnppenameenng com> Subject SW8 051045, The Reserve at Palmetto Creek Phil, As we discussed today, I understand that your client has purchased a development and since buying the property you all have realized that the original developer did not construct the ponds and other infrastructure per the permitted plans Since your client plans to develop the remaining portion of the property, and he understands that the ponds/permit will have to be modified I have recommended that he apply to 1 ) Transfer the permit to his name, and 2 ) Modify the permit to reflect what he wants to build You can submit both of these at the same time, and they will be processed and order By transferring the permit, he will be afforded the ability to keep the permitted impervious area at the 1 0"/permitted design storm Any impervious over this amount will have to be at the 1 5" But, there is quite a bit of impervious that you will be able to keep at 1 0" Since your client understands that he is accepting a permit transfer for a permit that is not in compliance, please include a letter from him acknowledging this circumstance and indicating that he intends to modify the ponds appropriately, certify them, etc It also sounds like you may have to redesign the ponds since the elevations are off, and so please note that you will have to do that per the 2017 rules The other thing to think about is the deed restrictions As we discussed, hopefully those are recorded If not, perhaps there is a clause in the covenants that allows the declarant to unilaterally modify the covenants pursuant to Local/State/Federal law And, if so, you can just have your lawyer draft new restrictions and record them If not, then you either have to get the people that own the townhomes to allow you to record a new restriction on their lot (which isn't likely in my experience), or you have to account the non -deed -restricted lots at full build -out (usually per a max percentage of impervious area per zoning regulations) That obviously increases the water that you have to treat in your pond, and isn't the ideal path forward for you (If the restrictions aren't recorded, he will want to make sure that he doesn't sell any additional units without restrictions because he will continue to dig a deeper hole, so please put that on his radar ) If you have further questions, please let me know Thanks, Kelly KeUUJokV,SOln, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone 910 796 7331 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 49D mo Johnson, Kelly (G.- jZ4sl From Johnson, Kelly Sent Thursday October 4, 2018 3 39 PM To ptripp@trippengineenng com Cc buyhorizonhomes@gmail com Subject FW SW8 051045, The Reserve at Palmetto Creek Phil, I went through the transfer application for this one this afternoon, and everything looks good I just need a letter from him stating that he understands that he is accepting a permit transfer for a permit that is not in compliance, and that he intends to bring it into compliance once he becomes the permittee You all have already submitted the application package to modify the permit, and that package will be accepted upon issuing this transfer Specifically, once he is the permittee he will have to obtain that modification, record deed restrictions, certify the systems, and perform any maintenance that may be necessary We do not typically inspect p,ojects in this situation because the modification will likely change the site considerably Once we receive that letter (signed and scanned is fine), we can get this out Since this is a fairly simple one, I haven't generated an official Request for Additional Information letter But, I am required to set a due date Please respond by 10/19/18 Thanks, Kelly From Johnson, Kelly Sent Thursday, May 24, 2018 2 57 PM To 'ptripp@trippengineering com' <ptnpp@tnppengmeering com> Subject SW8 051045, The Reserve at Palmetto Creek Phil, As we discussed today, I understand that your client has purchased a development and since buying the property you all have realized that the original developer did not construct the ponds and other infrastructure per the permitted plans Since your client plans to develop the remaining portion of the property, and he understands that the ponds/permit will have to be modified I have recommended that he apply to 1 ) Transfer the permit to his name, and 2 ) Modify the permit to reflect what he wants to build You can submit both of these at the same time, and they will be processed and order By transferring the permit, he will be afforded the ability to keep the permitted impervious area at the 1 W/permitted design storm Any impervious over this amount will have to beat the 1 5" But, there is quite a bit of impervious that you will be able to keep at1 0" Since your client understands that he is accepting a permit transfer, for a permit that is not in compliance, please include a letter from him acknowledging this circumstance and indicating that he intends to modify the ponds appropriately, certify them_,_et_c' It also sounds like you may have to redesign the ponds since the elevations are off, and so please note that you will have to do that per the 2017 rules The other thing to think about is the deed restrictions As we discussed, hopefully those are recorded If not, perhaps there is a clause in the covenants that allows the declarant to unilaterally modify the covenants pursuant to Local/State/Federal law And, if so, you can just have your lawyer draft new restrictions and record them If not, then you either have to get the people that own the townhomes to allow you to record a new restriction on their lot (which isn't likely in my experience), or you have to account the non -deed -restricted lots at full build -out (usually per a max percentage of impervious area per zoning regulations) That obviously increases the water that you have to treat in your pond, and isn't the ideal path forward for you (If the restrictions aren't recorded, he will want to make sure that he doesn't sell any additional units without restrictions because he will continue to dig a deeper hole, so please put that on his radar ) If you have further questions, please let me know Thanks, Kelly K. U'. Johwsovw Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone 910 796 7331 E-mod correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Johnson, Kelly From Johnson, Kelly Sent Monday August 27 2018 2 16 PM To buyhorizonhomes@gmail com office@trippengineering com Subject SW8 051045 - The Reserve at Palmetto Creek - State Stormwater Permit The Wilmington Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505 fee (check number 1608) on 8/21/18 The project has been assigned to Kelly Johnson and you will be notified if additional information is needed Please be advised that the construction of built upon area may not commence until the Stormwater Permit is issued Thanks, Kelly K.eU ohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone 910 796 7331 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 I Application Completeness Review Checklist Project Name %(� �� t G"'a Aihl- f a vat Date Delivered to WIRO BIMS Received/Accepted Date f Project County/Location S`�i c� L,J *BIMS Acknowledged Date Rule(s) "2017 Coastal "2008 Coastal Lyi995 Coastal "Phase II LJUniversal LJ1988 Coastal PermitAction New / Major Mod / Mihor Mod / Renewal Transf-eb * *New Permit # Permit Type (HDJ LD / LD Overall / HD &LD Combo General Permit _/ Offsite / Exempt ///Re�escission SCM Type(s) Development Type Commercial / Residential / Other Permit # 5 C_cJ6 OPE Cert on File? to SW8 Master PE Cert on File? For New or Transferred Permits Permittee is Stream Class Property Owner(s) ❑Developer Lessee OPurchaser ❑HOA EISA Map DORW Map Paperwork Emailed Engineer on ❑Suppplement(s) (1 original per BMP) IiFI&lyl with correct/original signatures (1 original per BMP except LS/VFS and swales) Li. ' ppllc tion with correct/original signatures Corp or LLC Sig Auth per SoS or Signature Authorization letter or report I$505 (within 6mo) Check#(s) (w C) F]No Fee ❑Soils Report w/SHWT or General Report Calculations (signed/sealed) F71De/d Restrictions, if subdivided & Notarized Template Recorded Covenants Recorded Plats Project Narrative USGS Map F-150% or more L P, 1 G10c\ i i Email Address Design Engineer Email Address Property Owner eed Email Address Lessee Lease Agreement Agreert9fit ail F4Mdress Developer ail Address HOAIPAIL I. 06 Plans l F-12 Sets ®Wetlands DehneatA or AWetlands In Vicinity Map FiProject Boundaries Legend Layout (proposed BUA dimensions) 44, FIDA Maps FIDetails (roads, cul-de-sacs curbs, sidewalks, BMPs, Buildings etc) Existing Conditions Landscape Plan Grading E_1PE Seal REVIEWER NAME NOTES TO REVIEWER *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Projects -Enter New Permit # on Supplements & Deed Restiction Templates G WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 03 13 TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone (910)763-5100 • FAX (910)763-5631 August 7, 2018 NCDEQ Division of Energy, Mineral and Land Resources 127 Cardinal Drive Wilmington, NC 28405-3845 Attn Ms Kelly Johnson Re The Reserve at Palmetto Creek Permit No SW8 051045 TE 16029 Dear Kelly We are requesting a transfer of ownership and modification of existing off -site stormwater permit SW8 051045 Enclosed please find the following items for review • 2 sets of plans • (2) $505 checks • Permit transfer application • Stormwater application — one original and one copy • Operation and Maintenance Agreement • Wet Detention Basin Supplement • Calculations • Narrative • USGS map • Secretary of State info • Deed Restrictions • Copy of the Deeds Please review for approval and contact us with any questions, comments or if you need additional information Thank you Sincerely, T gm mg, P C Ph�lhp G Tapp, PGT dcb Eric F-IVE r fAUG 2 t 2M j BY ---- TE 16029 Stormwater & Erosion Control Narrative The Reserve at Palmetto Creek Brunswick County, NC The Reserve at Palmetto Creek is a residential site consisting of 60 single-family lots and 86 townhome lots in Brunswick County, owned by KG Plaza, LLC The project area is approximately 42 41 acres No wetlands exist on the site The Reserve at Palmetto Creek previously proposed 60 single-family lots and 88 townhomes The project now proposes to construct 60 single-family houses and 86 townhomes for a total of 146 units, asphalt roadway with curbing, concrete sidewalks, three (3) existing wet detention basins, and utility extensions All outflow from the drainage basins will dram to Scotts Branch, classification C,Sw, Index No 15-25-1-10, in the Lumber River Basin All built up areas (BUAs) will be collected and routed to the wet detention pond The site has three (3) drainage areas Drainage Area 1 is approximately 8 53 acres There are 51 townhome units at 3,416 sf per unit within the drainage area as well as 47,247 sf of streets and 8,656 sf of concrete sidewalk The total impervious area for DA 1 is 5 28 acres Drainage Area 2 is approximately 15 83 acres There are 35 townhome units at 3,416 sf per unit and 25 single family homes at 4,000 sf each within the drainage area as well as 75,721 sf of streets and 19,243 sf of concrete sidewalk The total impervious area for DA 2 is 7 35 acres Drainage Area 3 is approximately 10 56 acres There are 35 single family homes at 4,000 sf each within the drainage area as well as 37,282 sf of streets and 4,030 sf of concrete sidewalk The total impervious area for DA 3 is 4 16 acres The project will be treated by erosion control measures such as drop inlets with inlet protection, temporary silt fence, and gravel construction entrance Three (3) wet detention basins provides sufficient storm water management to meet the State's 1 5" requirement An emergency spillway has been designed for the 100-year storm assuming the principal spillway is obstructed or not operating properly AUG 2 12018 III(IIIIIIIIIIIII IIIII IIIIIIIIIIII III Brend M Cl min �s a2tPROP Brunswick Countv NC Register of Deeds ease 1 of 4 Tkis "I' o . * , ; � _ f,,,,,ent ad l %iore r, 11s 9% re'1S, 23Se�L'nants or Other F-ns which the Brunswick County Tax r riliecfo. is charged with cofiecttrig, that are a in on Parcel Number /�SFD0O ( ., notated by the Brunswick CountyPA -8 Assessor's Office This Is not a certhloahon that the parcel number matches the deed escription di risks Wee�11 Tax Cad / Dal Tax Spec Brenda M Clemmons Register of Deeds 01-28-2016 09 08 02 000 Brunswick County, NC NC REVENUE STAMP $2500 00 (k468428) Presenter Tro Rot tbtel�c� Rev 6 Int Li;- Ck Ck#- 3 Cash$ Refend, Gash $ _ Finance ❑ ttoftne of document eta Ineglble due to oondition otoriglnal d Docufnenloontaim aee4S YWed byOrpinai jftgh t m that cannot 1)3 mfodtxed oraopled WARRANTY DEED Prepared by MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Revenue Stamps $ 2500 00 Parcel Number See Exhibit B THIS WARRANTY DEED, made and entered into this 2151 day of January, 2016, by and between CP BRUNSWICK, LLC, a North Carolina limited liability company with an address of P O Box 699, Wilmington, NC 28402 (herein called GRANTOR), and KG KK1aza, LL"C, a North Carolina limited liability company with a mailing address of 109 Willesden Dnve, Cary, NC 27513 (herein called GRANTEE), WITNESSETH The GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in Brunswick County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference SUBJECT TO the (i) Master Declaration of Protective Covenants for Palmetto Creek recorded in Book 2324, Page 1195 of the Brunswick County Registry and all amendments thereto, (n) all easements, rights of way and restrictions of record, (in) all governmental land use statutes, ordinances and regulations, including zoning, subdivision and building regulations, and (iv) ad valorem taxes for the current and subsequent years Z C Z � V V U—= 00137786 P AUG 2 12018 RETURN TO MTG By I II I IIIIIIIII III IIIII IIIIIIIIIIII III Brenda M Clem 02'PR00 OP Brunswick County, NC Register of Deeds page 2 of 4 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of the above granted and described property, that it has good right to sell and convey the same in fee simple, that the same is free and clear from any and all restrictions, easements or encumbrances except those set forth above, and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever Pursuant to N C G S. § 105-317 2, none of the property herein described includes the primary residence of the Grantor IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written CP BRUNSWICK, LLC a North Carolina limited liability company ►l. •4. COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared ¢efore me this ay, each acknowledging to me that he or she signed the foregoing documentyv%h _�t, rds 01,1 Date U 20A_� [Notary's si a ire a me a ear on seal] Notary Public [Not 's print name as name appears on seal] •,�'iiiu uui,,��, �. Nb My commission expires ,.• °:• grid •.ti , 00137796 '••,,,�3Mtiii,•, 6 U BY 206 IIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIII B3131 M Cl min �s OZ'PROP Brunswick County, NC Register of Deeds page 3 of 4 EXHIBIT A Patio Lots BEING ALL of Lots 6, 7, 8, 9, 10, 11, 12, 13, 16, 20, 21, 26, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54, The Reserve at Palmetto Creek Phase Three, Section Two, as shown on that map recorded in Map Cabinet 38, Pages 77 and 78 of the Brunswick County Registry, reference to which map is hereby made for a more particular description, BEING ALL of Lots 29, 30, 32, 39, 40, and 55, The Reserve at Palmetto Creek Phase Two, Section One, as shown on that map recorded 1n Map Cabinet 35, Pages 47 and 48 of the Brunswick County Registry, reference to which map 1s hereby made for a more particular description, Townhome Lots Area (Portions not vet platted) BEING ALL of Unit 29 and Unit 30 and Common Area, The Reserve at Palmetto Creek Phase Two, Section Two, Budding "J", as shown on that map recorded in Map Cabinet 90, Page 35 of the Brunswick County Registry, reference to which map 1s hereby made for a more particular description, and BEING ALL of the property described as The Reserve at Palmetto Creek Phase Two, Section Two, 18 66 Acres +/- as shown on that map recorded 1n Map Cabinet 36, Page 197, as subsequently revised and described as The Reserve at Palmetto Creek Phase Two, Section Two (2nd Revision) 15 96 Acres +/- and Tract 3B-Revision 2 70 Acres +/- in Map Cabinet 36, Page 342 of the Brunswick County Registry, reference to which maps 1s hereby made for a more particular description, LESS AND EXCEPT those parcels identified on maps recorded in Map Cabinet 36, Page 198, Map Cabinet 36, Page 355, Map Cabinet 36, Page 473, Map Cabinet 36, Page 474, Map Cabinet 36, Page 477, Map Cabinet 36, Page 478, Map Cabinet 44, Page 2, Map Cabinet 44, Page 39, Map Cabinet 68, Page 91, Map Cabinet 69, Page 36, Map Cabinet 69, Page 37, Map Cabinet 69, Page 45, Map Cabinet 72, Page 97, Map Cabinet 72, Page 98, Map Cabinet 73, Page 32, and Map Cabinet 74, Page 82, Map Cabinet 76, Page 60 and Map Cabinet 90, Page 35, all of the Brunswick County Registry 00137786 AUG 2 12018 BY - -- IIIIIIIIIIIIIIIII IIIII IIIIII IIIIIIIII Brand PO Cl 09 �g 02'PROP Brunswick County, NC Register of Deeds page 4 of 4 EXHIBIT B Parcel ID list Lot # 6 7 8 9 10 11 12 13 16 20 21 26 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Parcel ID 185FD001 185FDO02 185FDO03 185FDO04 185FD005 185FDO06 185FDO07 185FDO08 185FD011 185FDO15 185FDO16 185FDO21 185FDO23 185FDO24 185FD025 185FD026 185FDO27 185FDO28 185FDO29 185FDO30 185FDO31 185FDO32 185FDO33 185FDO34 185FDO35 185FDO36 Unit #29 Budding "J" 185FM001 Unit #30 Building "J" 185FM002 Raw Land 3 tracts 3 02 acres Tr 3B 34/282 1850002005 7 53 acres Ph2 36/342 1850002006 35 acres Ph2 36/42 1850002008 Lot / Parcel ID 29 185FBO13 30 185FBO12 32 185FB010 39 185FBO23 40 185FB024 55 185FBO15 rAUG 2 1 2018 BY_-- -- ----_ LIMITED LIABILITY COMPANY ANNUAL REPORT v. _V 1012017 NAME OF LIMITED LIABILITY COMPANY KG Plaza LLC SECRETARY OF STATE ID NUMBER 1410798 REPORT FOR THE CALENDAR YEAR 2018 SECTION A REGISTERED AGENT S INFORMATION 1 NAME OF REGISTERED AGENT Carlisle. Jack 2 SIGNATURE OF THE NEW REGISTERED AGENT 3 REGISTERED OFFICE STREET ADDRESS & COUNTY 8620 River Rd STATE OF FORMATION NC E Filed Annual Report 1410798 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4 REGISTERED OFFICE MAILING ADDRESS 8620 River Rd Wilmington, NC 28412-3334 New Hanover County Wilmington, NC 28412-3334 SECTION B PRINCIPAL OFFICE INFORMATION 1 DESCRIPTION OF NATURE OF BUSINESS Property Management 80835 2 PRINCIPAL OFFICE PHONE NUMBER (919) 818-7078 3 PRINCIPAL OFFICE EMAIL Privacy Redaction 4 PRINCIPAL OFFICE STREET ADDRESS & COUNTY 8620 River Rd 5 PRINCIPAL OFFICE MAILING ADDRESS 8620 River Rd Wilmington, NC 28412-3334 New Hanover County Wilmington, NC 28412-3334 6 Select one of the following if applicable (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C COMPANY OFFICIALS (Enter additional company officials in Section E ) NAME Lisa Beaman NAME Jack J Carlisle TITLE Managing Member TITLE Managing Member) ADDRESS 6025 Tarin Road ADDRESS 8620 River Rd NAME AUG 2 12018 N �J TITLE ADDRESS Wilmington, NC 28409 Wilmington, NC 28412 SECTION D CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity Jack J Carlisle SIGNATURE Form must be signed by a Company Official listed under Section C of This form Jack Carlisle 4/12/2018 Managing Member DATE Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically MAIL TO Secretary of State Business Registration Division Post Office Box 29525 Raleigh NC 27626 0525 Burd, Tina J To buyhorizonhomes@gmail com, office@trippengineering com Subject SW8 051045 - The Reserve at Palmetto Creek The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505 00 fee for the subject project on October 16, 2018 The project has been assigned to Kelly Johnson and you will be notified if additional information is needed Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext Wilmington, INC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Application Completeness Review Checklist Project Name -e /L S-" V't % U'0-� Date Delivered to WIRO At 4, 9 z6i;S BIMS Received/Accepted Date U Project County/Location LLy`CQ Gi *BIMS Acknowledged Date Rule(s) i ` i O17 Coastal 1:12008 Coastal 0k995 Coastal Phase II Universal E:11988 Coastal Permit Action New Major Mo / Minor Mod / Renewal / Transfer **New Permit # xisting Permit # Dy{ Permit Type HD LD / LD Overall / HD &LD Combo General Perini / Offsite / Exempt / Rescission FTE Cert on File SCM Type(s) L'c) z A o}' Offsite to SW8 Master PE Cert on File) Development T e __._ ommercial(/Reside I / Other Subdivided SubdiV n or Sln le Lot For N or ransferr ermits Permit4ee is Stream Class Property Owner(s) DDeveloper Lessee Purchaser E]HOA EJSA Map DORW Map Paperwork Emailed Engineer on EITU-P"P"Iement(s) (1 original per BMP) O M with correct/original signatures (1 original per BMP except LS/VFS and swoles) Application with correct/original signatures DC-m--a*i"I'Address, Design Engineer FCc Corp or LLC Sig Auth per SoS or Signature Authorization letter or report Mail Address Property Owner 505 (within 6mo) Check#(s) (iv ° �! E:]No Fee Deed Soils Report w/SHWT or General Report Email Address Lessee OZ/aIculations (signed/sealed) Lease Agreement Deed Restrictions if subdivided Email Address Purchaser ❑"Signed & Notarized Template Purchase Agreement Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest Email Address Developer Recorded Covenants Email Address HOA Representative Recorded Plats F-150% or more Lots Sold List Proj�ect Narrative MSGS Map Plans ®2 Sets Wetlands Delineated or No Wetlands 7Vicimty Map Project BoundariesLegend Layout (proposed BUA dimensions) �DA Maps Details (roads, cul de -sacs, curbs, sidewalks, BMPs, Buildings,Ee �Existmg Conditions Landscape Plan Grading EIPE Seal REVIEWER NAME NOTES TO REVIEWER *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Projects Enter New Permit # on / Supplements & Deed Restiction Templates t GV G WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 03 13 Johnson, Kelly From Johnson, Kelly Sent Thursday, May 24 2018 2 57 PM To ptripp@trippengineering com Subject SW8 051045, The Reserve at Palmetto Creek Phil, As we discussed today, I understand that your client has purchased a development and since buying the property you all have realized that the original developer did not construct the ponds and other infrastructure per the permitted plans Since your client plans to develop the remaining portion of the property, and he understands that the ponds/permit will have to be modified I have recommended that he apply to 1 ) Transfer the permit to his name, and 2 ) Modify the permit to reflect what he wants to build You can submit both of these at the same time, and they will be processed and order By transferring the permit, he will be afforded the ability to keep the permitted impervious area at the 1 W/permitted design storm Any impervious over this amount will have to be at the 1 5" But, there is quite a bit of impervious that you will be able to keep at 1 0" Since your client understands that he is accepting a permit transfer for a permit that is not in compliance, please include a letter from him acknowledging this circumstance and indicating that he intends to modify the ponds appropriately, certify them, etc It also sounds like you may have to redesign the ponds since the elevations are off, and so please note that you will have to do that per the 2017 rules The other thing to think about is the deed restrictions As we discussed, hopefully those are recorded If not, perhaps there is a clause in the covenants that allows the declarant to unilaterally modify the covenants pursuant to Local/State/Federal law And, if so, you can lust have your lawyer draft new restrictions and record them If not, then you either have to get the people that own the townhomes to allow you to record a new restriction on their lot (which isn't likely in my experience), or you have to account the non -deed -restricted lots at full build -out (usually per a max percentage of impervious area per zoning regulations) That obviously increases the water that you have to treat in your pond, and isn't the ideal path forward for you (If the restrictions aren't recorded, he will want to make sure that he doesn't sell any additional units without restrictions because he will continue to dig a deeper hole, so please put that on his radar ) If you have further questions, please let me know Thanks, Kelly KCLLIJO� V1Sol& Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone 910 796 7331 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 NOTICE TO REGISTERED AGENT Under N C G S Section 55D 30(b) it is the dury of the registered agent to fore and this certificate to the business entity at the last kno�m address D I Logan Palmetto Creek LLC (0795736) 60 Gregory Road Belvllle NC 28451 State of North Carolina Department of the Secretary of State CERTIFICATE OF AI)AUNISTRATIVE I)ISSOLUTION I Elaine F Marshall, Secretary of State as mandated by law, do hereby cu-ufy that Palmetto Creek- C--7 has be cn administratively dissolved pursuant to the proccduie set forth in N C G S Section 5 7D-6-06 fin failure to file an annual report effective as of the date su forth heicunder A Limited Liability Company administratively dissolved under N C G S Section 57D-6-06 may apply to the Secietary of State foi reinstatement by complying with the procedure set forth in the K' C G S Section 57D-6-06 I his the 41h day of March, 2014 i / ail/, i /i Flame I^ Marshall Sciretary of State Document Id C201406305021 Coastal Land Design, PLLC Civil Engineering/Landscape Architecture Land Planning/Construction Management To NCDENR — Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 — 7215 Attn / —Emda Lewis r JUN 0 9 2011 BY 56v8�S�G�S Date June 9, 2011 File 150-00 Subject The Reserve at Palmetto Creek— Request for Deed Restrictions and Certification SW8 051045 ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No Description I Response Letter to Request for Information 1 Designer's Stormwater Certification 1 Copy of Recorded Amendment to the Protective Covenants REMARKS I Please contact our office if you have any questions or concerns Thank you CC File Coastal Land Design PLLC Frans06091 I-NCDLNR Coastal Land Design, PLLC Civil Engineering/Landscape Architecture Land Planning/Construction Management May 12, 2011 NCDENR — Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Arm Linda Lewis Re Request for Recorded Deed Restrictions and Designer's Certification for — The Reserve at Palmetto Creek Stormwater Project No SW8 051045 Ms Lewis, Please find the following in response to your letter dated January 24, 2011 regarding The Reserve at Palmetto Creek, SW8 051045 1 Please find a copy of the attached amendment to the protective covenants adding Article 18 covering stormwater management and impervious allocations 2 Please find a copy of the Designer's Certification for this project The project overlap was from the adjacent Palmetto Creek project and has been corrected within that permit The project area for The Reserve at Palmetto Creek remains unchanged as per approved permit 4 The corporate mailing address has changed, please find this correspondence as notification that the mailing address for Palmetto Creek, LLC is Palmetto Creek, LLC 60 Gregory Road, Suite Belville, NC 28451 Please let me know if you have any additional questions and/or comments Also, thank you for granting the time extensions necessary to provide this response Sincerely, tZECEIVED Jeffrey B Petroff, P E JUN 09 2011 Coastal Land Design, PLLC BY P O Box 1172 Wilmington, NC 28402 Phone 910 254 9333 Fax 910 254 0502 www CI -Deno com NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor January 24, 2011 D Logan, Managing Member Palmetto Creek, LLC 60 Gregory Road, Suite 1 Belville. NC 28451 Division of Water Quality Colleen H Sullins Director Subject REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION The Reserve at Palmetto Creek Stormwater Project No SW8 051045 Brunswick County Dear Mr Logan Dee Freeman Secretary On April 21, 2006, the Wilmington Regional Office issued a Stormwater Management Permit to you for The Reserve at Palmetto Creek On January 18, 2011, a site visit of the adjacent project, Palmetto Creek, was performed in preparation for the approval of a modification to that permit While inspecting that site, we noticed this adjacent development A review of our database and of the protect file for this development indicates that you have not submitted either a copy of the recorded deed restrictions or the Designer's Certification for the stormwater system Per the requirements of Sections 11 12 and 11 13 of the April 21, 2006, permit, the deed restrictions must be recorded before selling lots, and a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording Additionally, per the requirements of Section II 9 of the permit, you are required to provide a certification from an appropriate design professional that the stormwater system has been constructed per the approved plans During the file review of this project, it was discovered that the project area for this approved protect appears to overlap the protect area for the adjacent Palmetto Creek The project boundary for Palmetto Creek is offset approximately 80' east of and parallels the 50' right-of-way line for Palmetto Creek The protect area for The Reserve at Palmetto Creek appears to encompass that 80' area and go all the way up to the right-of-way line This discrepancy will need to be resolved by submitting a permit modification The Secretary of State's Corporate database indicates that The Reserve at Palmetto Creek HOA, Inc was formed in April 2006 Please be reminded that the stormwate r permit is not transferable to any person or entity until the Division approves a formal request to transfer the permit Please submit the signed Name/Ownership Change Form and all associated documentation as listed on the form at least 30 days before you plan to convey the common areas to the HOA A full compliance inspection will then be conducted and the permit can be transferred when the site is determined to be in compliance with the permit Wilmington Regional Office 127 Cardinal Owe Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910-350 20041 Customer Service 1-877-623 6748 Internet vevw nmaterquality org NorthCartiolina Nahirrally An Equal Opportunity 1 Affirmative Action Employer Mr Logan January 24, 2011 Page 2 of 2 It also appears that you changed your corporate mailing address in November of 2006 However, there is no written notification in the file informing the Division of this change Please note that Section III 8 of the permit requires you to notify the Division of any name, ownership or mailing address changes within 30 days Failure to address the protect area overlap, or to provide the Designer's Certification, and/or to record and/or provide a copy of the recorded deed restrictions prior to selling lots are violations of your permit, and subject to enforcement action Please submit a permit modification to address the project area overlap, a completed Name/Ownership Change form if you are ready to transfer the permit, the required Designer's Certification and a copy of the recorded deed restrictions to this Office at the address below by February 24, 2011, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit If you have any questions, please do not hesitate to call me or Georgette Scott at (910) 796-7215 Sincerely, Linda Lewis Environmental Engineer III GDS/arl S \WQS\Stormwater\Permits & Prolects\2005\051045 HD\2011 01 req_deed 051045 cc Jeff Petroff, P E , Coastal Land Design Dave Sweyer, Agent Brunswick County Building Inspections Wilmington Regional Office Stormwater File North Carolina Secretary of State Iq Page 1 of 1 North Carolina Elaine F Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh NC 27626-0622 (919)807-2000 Date 1202011 Click here to View Document Filings 1 Sign Up for E-Notifications I J Pre populated Annual Report Fillable PDF Form I File an Annual Report Corporation Names Name Name Type NC PALMETTO CREEK LEGAL LLC Limited Liability Company Information SOSID 0795736 Status Current -Active Effective Date 8/2/2005 Dissolution Date Annual Report Due Date Citizenship DOMESTIC State of Inc NC Duration PERPETUAL Registered Agent Agent Name LOGAN DI Office Address 60 GREGORY ROAD BELVILLE NC 28451 Mailing Address 60 GREGORY ROAD BELVILLE NC 28451 Principal Office Office Address 60 GREGORY ROAD BELVILLE NC 28451 Mailing Address 60 GREGORY ROAD BELVILLE NC 28451 Officers Title MANAGING MEMBER Name DLOGAN Business Address 60 GREGORY ROAD SUITE I BELVILLE 28451 Title MEMBER Name Business Address 60 GREGORY ROAD SUITE I BELVILLE 28451 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system Version 2722 http //www secretary state nc us/corporations/Corp aspx9PrtemId=7799406 1/20/2011 CA201007802293 € I_ LIMITED LIABILITY COMPANY q ANNUAL REPORT e NAME OF LIM1111) LIABILITY COMPANY Palmetto Creek. LLC SECRETARY 01 S1 ATE L L C Ill NUMBER 0795736 NATURE OF BUSINESS Real Estate RFGISIEREDAGENT Logan DI REGISTERED OFFICE MAILING ADDRESS 60 GregoryRoad Belvlle, NC 28451 SOSID 0795736 Date Filed 3/19/2010 3 22 00 PM Elaine F Marshall North Carolina Secretary of State CA201007802293 STATE OF INCORPORATION NC REGISTERED OFFICE STREET ADDRESS 60Gregory Road Belville NC 28451 Bnmsivick County SIGNATURF OF THE NEW REGISTERED AGENT SIGNATURE CONSTMYrrs CONSENT TO THE APPOINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER (910) 452 7175 PRINCIPAI OFFICE MAILING ADDRESS 60 Gregory Road Belvrlle, NC 28451 PRINCIPAL OFFICP$TREEFADDRESS 60 Gregory Road Belvrlle, NC 28451 MANAGERS/MEMBERS/ORGANIZFRS Name DlLogan Name LoganMmtagementCompany Inc Title Managing Member Title Member Address Addresr 60 Gregory Road Suite I 60 Gregory Road State I Belvrlle, 28451 Belvrlle, 28451 CERTIFICATION OF ANNUAL REPORI MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES -.a � 2,010 FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE A -T Le jitm Ma,,v%a9;AA Me#Klxr FYPE OR PRIN4AAME TYPE OR PRflfF TITLE ANNUAI RFPORT FFE S200 MAII TO Secretary of State • Comnrattnox Division • Port Office Box 29325 • Raleigh NC 27626 0525 C200613500278 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATI STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT SOSID 0795736 Date Filed 12/6/2006 8 49 00 AM Elaine F Marshall North Carolina Secretary of State 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 Palmetto Creek LLC Entity Type []Corporation, ❑Foreign Corporation []Nonprofit Corporation, []Foreign Nonprofit Corporation ElLimned Liability Company, ❑Foreign Limited Liability Company []Limited Partnership ❑Foreign Limited Partnership ❑Ginned Liability Partnership ❑Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on file is Number and Street 6740 Netherlands Drive Suite F City, State, Zip Code Wilmington NC 28405 County New Hanover County The mailing address if differentfrom the street address of the registered office currently on file is N/A The name of the current registered agent is D I Logan NEW INFORMATION 1 The street address and county of the new registered office of the entity is (complete this item only if the address of the registered office is being changed) Number and Street so Gregory Road City, Slate, Zip Code Belville NC 28451 County Brunswck County 2 The marling address f difJrerent from the street address of the new registered office is (complete this item only if the address of the registeredoffice is being changed) NIA 3 The name of the new registered agent and the new agent's consent to appointment appears below (complete this item only if the name of the registered agent is being changed) WA Type or Print Name of New Agent • Signature & Title 4 The address of the entity s registered office and the address of the business office of its registered agent, as changed, will be identical 5 Tlus statement will be effective upon filing, unless a date and/or time is specified This is the_Iday of A�VCA4+%ief2 , 200l- Palmetto Creek LLC Erin me ign re T. I- 4.,J _ rfcaR. Type or Print NaW and Till Notes FWng fee is $5 e0. This document most be mod with the Secretary of State e Instead of signing here, the new registered agent may sign a separate written consent to the appointment, which roust be attached to this statement CORPORATIONS DIVISION P O BOX 29622 RALEIGH NC 27626-0622 Revised January 2002 Form BE-06 SOSID 795736 Date Filed 8/2/2005 2 12 00 PM Elaine F Marshall North Carolina Secretary of State ARTICLES OF ORGANIZATION OF PALMETTO CREEK, LLC TO THE SECRETARY OF STATE OF THE STATE OF NORTH CAROLINA Pursuant to Section 57C-2-21 of the North Carolina Limited Liability Company Act, the undersigned adopts the following Articles of Organization for the company and does hereby submit these Articles of Organization for the purpose of forming a limited lability company ARTICLE I NAME The name of the Limited Liability Company shall be PALMETTO CREEK, LLC, (the "Company") ARTICLE II INITIAL REGISTERED AGENT AND REGISTERED OFFICE The street address of the initial registered office shall he 6740 Netherlands Drive, Suite F Wilmington, New Hanover County North Carolina 28405 The mailing address of the initial registered office shall be 6740 Netherlands Drive, Suite F Wilmington, New Hanover County North Carolina 28405 The name of the initial registered agent at the registered office is D I Logan ARTICLE III PRINCIPAL OFFICE The street address and county of the principal office of the limited liability company is 6740 Netherlands Drive, Suite F Wilmington, New Hanover County North Carolina 28405 1 The mailing address of the principal office of the corporation is the same as the street address set forth above ARTICLE IV PERIOD OF DURATION The Company's existence shall commence upon the acceptance and filing of these Articles of Organization by the Secretary of State of North Carolina and shall continue until dissolved pursuant to the terms of the Operating Agreement or North Carolina law ARTICLE V MANAGER MANAGED LLC Except as provided by N C G S Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members ARTICLE VI PARTIES TO THIS DOCUMENT The name and address of the person executing these Articles of Organization are as follows Jeffrey P Keeter 310 North Front Street, Suite 200 Wilmington, New Hanover County North Carolina 28401 ARTICLE Vll INDEMNIFICATION OF MANAGERS A A manager of this Company shall not be personally liable to the Company or its members for monetary damages for breach of fiduciary duty as a manager, except for liability(i) for any breach of the manager's duty of loyalty to the Company or its members, (it) for acts or unissions not in good faith or which involve intentional misconduct or knowing violation ofany law, (m) fora transaction from which the manager derived an improper personal benefit, or (tv) under the provisions of Section 57C-4-07 of the North Carolina Limited Liability Company Act B A manager of this Company shall be reimbursed for and indemnified by the Company against any payments made or personal liabilities reasonably incurred by any manager in the authorized conduct of its business or for the preservation of its business or property C The Company may, by action of its managers, provide indemnification to such of the officers, employees, and agents of the Company to such extent and to such effect as the managers shall determine to be appropriate and authorized by applicable law D The rights and authority conferred in this Article shall not be exclusive of any other right which any person or the Company may have or hereafter acquire under any statute, provision of the Articles of Organization or Operating Agreement of the Company, agreement, vote of members or disinterested managers or otherwise ARTICLE VIII EFFECTIVE DATE These Articles shall be eflective at the date and time of filing This the _day of August, 2005 / (SEAL) Je ey ' tee r, Organizer North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh NC 27626-0622 (919)607 2000 Date 1/202011 Click here to View Document Filings I Sign Up for E-Notifications I PC PLLC LP and Non Profit entities are not required to file annual reports Corporation Names Name Name Type NC THE RESERVE AT PALMETTO CREEK HOA INC LEGAL Non -Profit Corporation Information SOSID 0839963 Status Current -Active Effective Date 4/11/2006 Dissolution Date Annual Report Due Date Citizenship DOMESTIC State of Inc NC Duration PERPETUAL Registered Agent Agent Name SWEYER DAVE JR Office Address 1630 MILITARY CUTOFF ROAD SUITE 108 WILMINGTON NC 28403 Mailing Address 1630 MILITARY CUTOFF ROAD SUITE 108 WILMINGTON NC 28403 Principal Office Office Address 60 GREGORY ROAD BELVILLE NC 28451 Mailing Address 60 GREGORY ROAD BELVILLE NC 28451 Officers This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system Version 2726 http //www secretary state nc us/corporations/Corp aspx?Pttemld=7954592 1/20/2011 SOSID 0839963 Date Filed 5/23/2007 2 20 00 PM Elaine F Marshall North Carolina Secretary of State C200710700266 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT 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 The Reserve At Palmetto Creek HOA Inc Entity Type []Corporation, ❑Foreign Corporation EINonproth Corporation []Foreign Nonprofit Corporation, []Limited Liability Company []Foreign Limited Liability Company ❑Limited Partnership ❑Foreign Limited Partnership ❑Limited Liability Partnership ❑Foreign I muted Liability Partnership The street address and county of the entity's registered office currently on file is NumberandStreet (socnre`��lX..lOrL�1 City, State, Zip Code —P--QA V I I It i t4C, o14SI County -RLLf1S1 U [a The mailing address if differentfrom the street address of the registered office currently on file is The name of the current registered agent is D I Logan NEW INFORMATION I The street address and county of the new registered office of the entity is (complete this item only if the address of the registered office is being changed) Number and Street 1630 Military Cutoff Road Suite 108 City, State, Zip Code Wilmington NC 28403 County New Hanover 2 The mailing address ifdfferent from the street address of the new registered office is (complete this item 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 ap (complete this item only f the name of the registered agent is bein age L. Dave Sweyer Jr /ype or Print Name of New Agent 4 The address of the entity's registered office and the address of the business office of its registered agent, as changed, will be identical 5 This statement will be effective upon filing, unless a date and/or time is specified This is thet�— day of (--01 206-1 14 Notes Filing fee is Ss 00 This document must be filled with the Secretary of State V • Instead oteigning here, the new registered agent may sign a separate written consent to the appointment, which must be attached to this statement CORPORATIONS DIVISION P O BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form BE-06 0 0.5 6 MI 2000 Ft Map provided by MyTopo.com