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