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HomeMy WebLinkAboutSW8060338_HISTORICAL FILE_20151123STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 p l0 0 "33 & DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS L] HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 G 15 112 3 YYYYMMDD North Carolina Department of Environmental Quality Pat McCrory Governor November 23, 2015 Sebastian Drapac, Manager c/o Buck Altschul OIP NC, LLC 1123 Zonohte Rd, NE Suite 30 Atlanta, GA 30306 Subject Stormwater Permit No SW8 060338 Permit Transfer SL 2013-121 / Notice of Inspection Ocean Isle Palms Phase I Brunswick County Dear Mr Drapac Donald R van der Vaart Secretary Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR) All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit On August 5, 2009, the Governor signed Session Law 2009-406 This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010 The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension Accordingly, this permit shall now be effective from the date of issuance until November 29, 2021, which includes all available extensions The terms and conditions of this extended permit, issued on November 23, 2015, shall remain in full force and effect On September 24, 2015, the Wilmington Regional Office received a request to transfer ownership of the subject state stormwater management permit under the provisions of Session Law 2013-121 Staff of DEMLR has inspected the project and reviewed the available documentation, and determined that the project is currently not in compliance with the terms and conditions of the state stormwater permit As previously indicated in the inspection report dated September 16, 2015, and as updated today, the deficiencies to be addressed are A partial engineer certification for Pond 412 and #14 was submitted on May, 2009 with a list of clarifications that needs to be addressed Pond #12 is currently under construction, being converted from a sediment basin to a stormwater pond It appears that Pond 414 is currently acting as a temporary sediment basin and it will need to be converted to a stormwater pond in the future Pond #s 12 and 14 will need to be surveyed to determine existing conditions, to calculate sediment removal required, and to develop as -built plans, which are to be submitted after restoration is complete Ultimately, these ponds will need to Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington North Carolina 28405 (910) 796 7215 / fax (910) 350 2004 • Internet httD //portal ncdenr org/web/Ir/ An Equal opportunity 1 AffirmMve Acton Employer —Made in part by recycled paper have vegetation on banks trimmed with the exception of wetland type plants or shrubs We recommend that trees should not be within 10 feet of inlet or outlet pipes, outlet boxes, spillways, or flow spreaders Tree species with water -seeking roots, such as weeping willows and poplars, should be avoided within 50 feet of pipes or manmade structures Evergreen trees are preferred in areas draining to detentions devices Trees should be set back so that branches do not extend over pond Pond #21 is currently under construction and it has (2) connected basins Currently, there are two (2) interconnection pipes installed, which is compliant, however the plan shows a quantity of four (4) 36" diameter pipes at an invert elevation of 6 0 feet on the inlet side A Plan Revision will have to be submitted for approval to correct this discrepancy 3 Work to be completed on amenity pond #22 will include installation of an outlet structure and piping Also, the erosion issues will be addressed upon construction of road 4 Dirt and debris need to be removed from all roads and drop inlets Inlet grates need to be repaired and/or replaced as necessary 5 All erosion issues will need to be repaired 6 Please note that a Plan Revision is required in order to change any stormwater piping or other stormwater control measures (SCM), and roads, lots, etc Also, an increase in built - upon area (BUA) will require a modification to the permit The Division has determined that the provisions of SL 2013-121 have been met as indicated by the supporting documents and findings listed below I The successor -owner of the property has submitted a written request for the transfer of the permit Reference is made to the attached signed Name/Ownership Change Form 2 The original permit holder, Shelton Tucker of Ocean Isle Palms, LLC, was lawfully and finally divested of title to the property on which the permitted activity is occurring 3 The successor -owner holds title to the property on which the permitted activity is occurring Reference the deed made on June 25, 2014 showing the Grantee as Drapac Group 35, LLC and the Certificate of Amendment filed July 18, 2014 with the State of Delaware, showing that the current name for this lmuted liability company is OIP NC, LLC 4 The successor owner has not proposed any substantial changes to the permitted activity 5 The updated permit does not impose new or different terms — it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit By signing the Name/Ownership Change Form and acknowledging receipt of a copy of the permit, which includes the following a application and supplement forms b a copy of the approved plans c a copy of the required Operation and Maintenance agreement d the designer's certification for each BMP e Any recorded deed restrictions, covenants, or easements f DEMLR stormwater inspection report showing partial compliance Page 2 of 3 You have accepted the responsibility for complying with the terms and conditions outlined in this permit, including the correction of the deficiencies outlined in the inspection report The Division is hereby notifying you that the subject permit has been transferred on November 23, 2015 per the requirements of SL 2013-121, and to remind you that this permit shall be effective until November 29, 2021 For your records, please find enclosed an updated permit Please keep this permit on file at all times Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement Any modifications to this project must be submitted to DEMLR and approved prior to construction The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Steve Pusey with DEMLR in the Wilmington Regional Office at (910) 796-7215 Smcer lyD,,,� For Tracy Davis, P E ,Director Division of Energy, Mineral and Land Resources GDS/ sgp G \WQ\Shared\Stormwater\Permits & Prolects\2006\060338 HD\2015 11 permit 060338 cc Shelton Tucker, Ocean Isle Palms, LLC Doug Talbor, Land Development Specialists Ocean Isle Beach Building Inspections Brunswick County Engineering Allen Lewis, East Coast Engineering & Surveying Wilmington Regional Office Stormwater File Page 3 of 3 State Stormwater Management Systems Permit Number SW8 060338 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO OIP NC, LLC Ocean Isle Palms Phase 1 1338 Ocean Isle Beach Road, Ocean Isle Beach, Brunswick County FOR THE construction, operation and maintenance of three (3) wet detention pond(s) in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the DIVISION OF ENERGY, MINERAL AND LAND RESOURCES and considered a part of this permit This permit shall be effective from the date of issuance until November 29, 2021 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data This stormwater system has been approved for the management of stormwater runoff as described in Section 16 on page 3 of this permit The subdivision is permitted for 238 lots, each allowed a maximum of 6,000 square feet of built -upon area The Amenity Center and Canoe and Kayak Club are limited to a maximum of 93,654 square feet and 2,614 square feet, respectively, of built -upon area Future bua in drainage areas routed to ponds #12 and 21 are allocated for 26,877 and 29,500 square feet, respectively Development of the future bua requires a submittal of plans and details with approval by the Division prior to construction Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit Page 4 of 11 State Stormwater Management Systems Permit Number SW8 060338 4 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system Each of the ponds is designed for 90% TSS removal, therefore, no vegetated filter is required The following design elements have been permitted for the wet detention ponds 12, 14 and 21, and must be provided in the system at all times Design Criteria Pond #12 Pond #14 Pond #21 a Drainage Area, acres Onsite, ft2 Offsite, ft2 2482 1,081,159 none 51 27 2,233,321 none 2511 1,093,685 none b Total Impervious Surfaces, ft2 (#)Lots at 6,000 ft2 per lot Roads/Parking, ft2 Sidewalks, ft2 Alleyways, ft2 Canoe & Kayak Club Amenity Center, ft2 Off -site Future 545,807 (69 5) 417,000 95,396 871 3,049 2,614 0 0 26,877 1,151,623 (125) 750,000 279,655 0 121,968 0 0 0 0 561,672 (43 5) 261,000 134,557 22,548 20,413 0 93,654 0 29,500 c Pond Depth, ft Average Pond Depth, ft 60 50 13 max 70 11 0 (max) 65 d TSS removal efficiency, % 90 90 90 e Design Storm, inches 1 1 1 f Permanent Pool Elev, , FMSL 3600 800 600 Perm Pool Surface Area, ft2 95,110 50,491 62,543 h Permitted Storage Volume, ft' 204,215 108,618 131,772 i Temporary Storage Elev, , FMSL 3800 990 8 Controlling Orifice, "0 i e 3 4 3 k Permanent Pool Volume, ft3 484,740 359,604 355,575 I Permitted Forebay Volume, ft' 45,512 59,126 107,554 m Maximum Fountain Horsepower 2 1 1 1 1 n Receiving Stream/River Basin UT to Jinny's Branch / Lumber o Stream Index Number 15-25-2-16-1-(1 5) Classification of Water Body C Sw,HQW II SCHEDULE OF COMPLIANCE 1 No person or other legal entity shall alter the approved stormwater management system or fill in, alter or pipe any drainage feature, including swales, shown on the approved plans as part of the stormwater management system, unless and until the permittee submits a modification to the permit and receives approval from the Division 2 The permittee is responsible for verifying that the proposed built -upon area on each individual lot, and for the entire project, does not exceed the maximum allowed by this permit 3 The maximum built -upon area assigned to each lot via this permit and the recorded deed restrictions may not be increased or decreased by or with the knowledge of, either the lot owner or the permittee, unless and until the permittee notifies the Division and obtains Page 5 of 11 State Stormwater Management Systems Permit Number SW8 060338 written approval from the Division At a minimum, this will require an amendment to the recorded deed restrictions, and may also require a permit modification If the permittee establishes an Architectural Review Board or Committee to review plans for compliance with the Covenants and Restrictions, including the lot BUA limit, the plans reviewed must include all proposed built -upon area on that lot Any approval given by the Board on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the overall permitted built -upon area for the project, nor does it relieve the individual lot owner of the responsibility to maintain compliance with the BUA limit assigned to that lot via the recorded deed restrictions 5 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 6 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 7 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 Protect 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 8 The Director may determine that other revisions to the project should require a modification to the permit 9 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 10 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 11 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 12 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 Page 6 of 11 State Stormwater Management Systems Permit Number SW8 060338 13 Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 14 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 15 This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 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 optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and re -vegetation 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 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 060338, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources f The maximum built -upon area per lot is 6,000 square feet for 238 lots This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools g All runoff on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street Lots that will naturally drain into the system are not required to provide these measures h Built -upon area in excess of the permitted amount will require a permit modification Page 7 of 11 State Stormwater Management Systems Permit Number SW8 060338 18 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 19 Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR 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 20 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria a The fountain must draw its water from less than 2 foot below the permanent pool surface b 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 c The falling water from the fountain must be centered in the pond, away from the shoreline d The maximum horsepower for the fountain's pump is based on the permanent pool volume The maximum pump power for a fountain in Pond #12, 14, and 21 is 2 HP, HP, and 1 HP, respectively III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division of Energy, Mineral and Land Resources, signed by the parties involved, along with the applicable documents as listed on page 2 of the form The project must be in good standing with DEMLR The approval of this request will be considered on its merits and may or may not be approved 2 The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request 3 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, 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 but not limited to, the creation of nuisance conditions and failing to draw down within 2-5 days, 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 re -issuance or termination does not stay any permit condition Page 8 of 11 State Stormwater Management Systems Permit Number SW8 060338 Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes The permittee shall submit a permit renewal application to the Division at least 180 days prior to the expiration date of this permit The renewal application will include the processing fee and other documentation as required 10 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction Permit revised, transferred and reissued this 23rtl day of November, 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Tracy Dais, PE, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 060338 Page 9 of 11 State Stormwater Management Systems Permit Number SW8 060338 Ocean Isle Palms Phase 1 Stormwater Permit No SW8 060338 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 project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the 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 is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date Page 10 of 11 SEAL State Stormwater Management Systems Permit Number SW8 060338 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 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 draw down 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 NCDENR-DEMLR Regional Office Ocean Isle Beach Building Inspections Brunswick County Building Inspections Page 11 of 11 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1 Stormwater Management Permit Number SW8 060338 MOD 2 Project Name Ocean Isle Palms - Phase 1 3 Current Permit Holder's Company Name/Organization Ocean Isle Palms LLC 4 Signing Official's Name Shelton Tucker Title _Manager 5 Mailing Address 131 Ocean Blvd, West City Holden Beach State NC Zip 28462 6 Phone ( 910) 842-4939 Fax ( II PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) Name change of protect (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change (Please complete Item 4 below) ❑ Other (please explain) 1 Proposed permittee's company name/organization OIP NC, LLC 2 Proposed permittee's signing official's name Buck Altschul 3 Proposed permittee's title Manaoer 4 Mailing Address 11 3 Zonolit - Road NE Spite ,30 _ City Atlanta State GA Zip 30306 Phone 678 794.9396 Fax ( 404) 480-49m 5 New Project Name to be placed on permit Please check the appropriate box The proposed permittee listed above is ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ® The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) E C E I V E SEP 2 4 2015 SSW N/O Change Rev24Sept2012 Page 1 of 4 By > ' � � � .f r ' (� � r a 1 + > >>' t + f � � f � f ky k r .1 ^ 1 f � > � > x l I ` � ` y W r I r � r t� �' �' i i l i — > i� ul � r �` f � � k 1 1> f k f L .. � � i � f k - �� '1 i � .. ' � > � r` _ �> � ni'j r � I II I 7 �' v + 1 f � > �t < i � � � � , { �f 1 l r� r i � '` ` f ', �_ .. k f 1 t 1 t i III REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal Failure to provide the listed items may result in processing delays or denial of the transfer 1 This completed and signed form This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership 2 Legal documentation of the property transfer to a new owner 3 A copy of any recorded deed restrictions, covenants, or easements, if required by the permit 4 The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ 5 If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee 6 The $40 00 processing fee If this is an initial transfer from the original permittee the processing fee is not required Subsequent ownership transfers will require the $40 00 processing fee IV CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete ® Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit I. , the current permittee, am submitting this application for a transfer of ownership for permit # SW8 060338 MOD I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit Signature 11 a Notary Public for the State of North r:awllna , County of Rrunswick , do hereby certify that personally appeared before me this the day of , 20-j-5-, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, Notary Signature SSW N/O Change Rev24Sept2012 Page 2 of 4 (Notary Seal) ECEIVE SEP 2 4 2015 BY V PROPOSED PERMITTEE CERTIFICATION (This section must be completed by the Proposed Permittee for all transfers of ownership) 1, Buck Altschul, Manager hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system I acknowledge and attest that I have received a copy of (check all that apply to this permit) the most recent permit the designer's certification for each BMP © any recorded deed restrictions, covenants, or easements [j the DWQ approved plans and/or approved as -built plans Ej the approved operation and maintenance agreement ®past maintenance records from the previous rmittee (where required) DWQ stormwater inspection report showin co pliance within 90 days pnor to this transfer TA?M.AU I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete Signature Date Date 9 zo/S I, +dttYlRP1i�A KOMI a Notary Public for the State of County of a/ey,alb , do hereby certify that Buck Altschul, Manager personally appeared before me this the L 17 day of _'_x".:Preyw3etz 201:�, and acknowledge the due execution of the forgoin instrument Witness my hand and official seal, NO Nota Signature SAMANTHA Kr=ETON NOTARY PUBLIC DeKelb County State of Georgia My Comm Ex res Feb 16, 2019 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document Both the lessee / developer and the property owner will appear on the permit as permittees E C E 0V E SEP 2 4 2015 6Y SSW N/O Change Rev24Sept2012 Page 3 of 4 1 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permrttee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form Printed Name _Buck Altschul Organization OIP NC LLC Title within the Organization Manager Street Address 1123 Zonolite Rd, Suite 30 City Atlanta Mailing Address City Phone different from street State Georgia Zip 330306 State C�'ti_'I Zip Email buck@drapacgroup com I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWO stormwater permit As the property owner, it is my responsibility to notify DWO by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215 1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6 Signature of the property owner._ Date 9 i7 zolS rnaAhog, n County of NlC0.% a Notary Public for the State of do hereby certify that ""r'ML rvtwMe► personally appeared before me this the day of Sefok nbW 20 15 and acknowledge the due execution of the Witness my hand and official seal, (Notary Seal) SA NOTARYPUBLECON DeKalb County State of Georgia My Comm Expires Feb 16, 2019 ECEI V E SEP 2 4 2015 SSW N/O Change Rev24Sept2012 Page 4 of 4 Pusey, Steven From Buck Altschul <Buck@drapacgroup com> Sent Friday, November 20, 2015 3 44 PM To Pusey, Steven Subject RE Ownership transfer of Stormwater permit - Ocean Isle Palms Attachments Letter stating Buck has authority to sign for Ocean Isle Palms pdf Does the attached work for your �k �v o�/surssid/i L••/ `i'/ 011ie, Le ui S BUCK ALTSCHUL Land Development DRAPAC GROUP 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306 T 678 794 9396 F 404 480 4901 buck@drapacgroup com I www, drapacgroup com Disdaimer If you are not the intended addressee of this email please notify us Immediately by email or by telephoning ♦613 9321 2500 and delete it from your computer Any unauthorised form of duciosure or reproduction is strictly prohibited and may result in legal anion While Drapac uses the latest anti virus tools we do not accept any responsibility for problems caused by viruses or other destructive mechanisms which may be attached to electronic communications This notice must not be removed From Pusey, Steven [mailto steven pusey@ncdenr govj Sent Friday, November 20, 2015 1143 AM To Buck Altschul <Buck@drapacgroup com> Subject Ownership transfer of Stormwater permit - Ocean Isle Palms Importance High Dear Mr Altschul I am reviewing the application for an ownership change for the Ocean Isle Palms development The NC Secretary of State has the following managers listed Costa Alexiou, Michael Drapac, and Sebastian Drapac We must ask that one of them be the signee on the application unless you can provide some documentation showing that you are also a manger, or you may submit a letter from one of the managers that authorizes you to sign documents for the stormwater permit Please advise ASAP how you wish to handle this matter Thanks, Steve crta"am 47. Pam Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality n—.r a r>e+.av-r_n .p c�wx,zac�sr.vxw. �ra..aca e_ _-n�wa v_ rc_.wxra, sra+rnr-�^rs^.�e_ � n —.v<v rc" c vasr-�xa7swv.raarenm�.nr-roz�.rsc r �� u I .,I rf'i 1, , , ) I IV[? Ill J 1 l ] U- 4 dlfu .l-i -rc, , t.,: �) r'[It it{ 131f b'1ft ll(Itc jJ 1..121h 11 { • I'%(r-'CJ 7^k 7 J�(f1.rc" t { e" IF _'i .i (il 1 1 I' t l 'L IJ- c 1' 4 rk It i 1 6N 11, 1 7 OiOJ q� �J,'l.. 1r_wv_r� j r7t�� qi�r t � �rlg u'` iJut ( ci', it f,Jv,-1, Ir lie ^tf r-vs}t,Y3t.ra r; 0• 1 c1,„UL r^,n 1,0 ',el,nt 5+ ti1rlJl y1.0 ^ ty';�.1 �.ieJ� IJIIJ _: V� IV bra :+ 7 lra _r r+IG 1J9 .e b.. �y r! ✓ar,hiltlgT' , 11, AI I V r n ,_ ti�i ynT i191r1"7UI`7 /bt) _ti'*tt.4 71<`1 li[, -'JV -lii li,� `1v1r b 1't71 �zi9rlb 0lib i �1 JI'h )71.jO ; e.l) jl'ibry VJr )Jta I �I Jr Li'IC� I)'7. ,JLy�In I r, I A , lull 11 :.J 1J5i111 `Io C ( J t„r Ji 711r y t J i roc 0- yfJ 110 Oct flbJ 110Y «v+Ihu' 0 Ib-,1'tob Jlr Ill' _t`7'iZ I' Of Q 1t Sri IQ MO It,,"?eZ, irllfi ' bV "94 tll! It , tli n l 1`11011 " :I ` 1 H I I r ' it r a I it 0, b V Y ' r _I r' U 1 13 11, I `r t r Ui ' 11 rT1f Qr 1JCPV f1),P I rl I111 li I 1,1bv r't , /It ,,;-A i_i` Uh i" 9 1 uU iC;` !�' ,J)htMf111"c tr£li - c ,,,11 Mdr LA LJ J(16 Lr riII&I I3'3 to PJI'I-1Q t I d• i l i i August 19, 2015 Mr Robert Tucker East Coast Engineering and Surveying, P C 4918 Main Street Shallotte, NC 28459 RE OIP NC, LLC Dear Mr Tucker 1123 Zond to Road NE Sure 30 Matta George 30306 r +, (404) 4BO 4900 F -1 J4041480 J901 Orapacgroup cam I first want to thank you for your efforts in helping us move this project across the line It is my understanding that you needed documentation stating that Kendall Steven Altschul (Buck Altschul) was authorized to sign for OIP NC, LLC Please accept this letter as the Drapac Group on behalf of OIP NC, LLC's formal statement that Kendall Steven Altschul, AKA Buck Altschul, has the full authority to sign permits and final plats for this development His signature is in fact authorized as an owner's signature of OIP NC, LLC If you have any questions or comments regarding this, please do not hesitate to call me on my direct line 917 868 4486 Sincerely, Sebastian Drapac Executive Director Drapac Group OIP NC, LLC WNPRI 11/20/2015 Corporations Division Click Here To North Carolina Elaine F Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh NC 27626-0622 (919)607-2000 View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal OIP NC LLC Limited Liability Company Information Sosld Status Annual Report Status Citizenship Date Formed Fiscal Month State of Incorporation Registered Agent Corporate Addresses 1393497 Current -Active Current Foreign 8/1/2014 December DE eRes identAgenl Inc Principal Office 1123 Zonolite Road NE Suite 30 Atlanta GA 30306-2016 Reg Office 120 Penmarc Drive Suite 118 Raleigh NC 27603-2400 Reg Mailing 120 Penmarc Drive Suite 118 Raleigh NC 27603-2400 Mailing 4123 Lankershim Boulevard North Hollywood CA 91602-2828 Company Officials All LLCs are managed by their managers pursuant to N C G S 57D-3-20 Manager Costa Alexiou 1123 Zonolite Road NE Suite 30 Atlanta GA 30306 Manager Michael Drapac 1123 Zonolite Road NE Suite 30 Atlanta GA 30306 Manager Sebastian Drapac 1123 Zonolite Road NE, Suite 30 Atlanta GA 30306 Account Login Register http A~v secretary state nc us/Search/profcorp/10589374 1/1 East Coast Engin ENGINEERS - I' & Surveying, P.C. ERS•SURVEYORS Pape Analysis for Ocean Isle Palms - Phase 1 SW8 060338 MOD JECEiVE" OCT 0 7 2M5 BY _ STORMWATER POND #21 4918 MAIN STREET . POST OFFICE BOX 2469 . SHALLOTTE NORTH CAROLINA 28459 . TEL 910 754 8029 . Fax 910 754 8049 FIRM LICENSE NUMBER C 3014 � .A .. � .z � n a .- .��'i°�A� ti%��°, �� PNoiiaj�o,,9'',. � � � 9� � {i � , g i .�y�^ � J �/ ; • a`WGS� � � ;� •A �•.,, 3 TR , auu� a m,,,,•• Culvert Report Hydraflow Express Extension for AutoCAD® Civil 3D® 2012 by Autodesk Inc INTERCONNECTING PIPES POND 21 Invert Elev Dn (ft) = 6 00 Pipe Length (ft) = 100 00 Slope (%) = 010 Invert Elev Up (ft) = 6 10 Rise (in) = 36 0 Shape = Cir Span (in) = 36 0 No Barrels = 2 n-Value = 0 012 Inlet Edge = Projecting Coeff K,M,c,Y,k = 0 0045, 2, 0 0317, 0 69, 0 5 Embankment Top Elevation (ft) = 10 00 Top Width (ft) = 60 00 Crest Width (ft) = 0 00 Calculations Qmin (cfs) Qmax (cfs) Tailwater Elev (ft) Highlighted QtotaI (cfs) Qpipe (cfs) Qovertop (cfs) Veloc Dn (ft/s) Veloc Up (ft/s) HGL Dn (ft) HGL Up (ft) Hw Elev (ft) Hw/D (ft) Flow Regime Wednesday Sep 23 2015 =880 =880 =000 =062 =063 =900 =900 =901 =097 = Outlet Control IMENCONNEUING PIPES POND 21 Pond Report Hydra9Dw Hydragaphs Erienmcn for AataCADE CMI 3O02012 by A00desk Inc v9 Wednesday W23 2015 Pond No 1 pond 21 Pond Data Pond sW.ga Is based on user-ov ined values Stage / Storage Table Stage (it) Elevation (it) Contour area lsgy) Incr Storage(cun Total storage(cuft) ace 600 Na 0 0 200 800 Na 131 M 131 722 4 as 1000 n/a 131 722 263 444 Culvert / Onfice Structures We I Structures [A] IS] [C] [PRRsr] [A] [B] [C] [D] Rise (in) -025 1800 Inactive Imctne Crest Lan (it) = 16 00 2000 000 000 Span (in) = 025 1800 coo 000 Crest El nu = 800 850 000 000 No Bartels = 1 1 a 0 Wen Cosy = 333 260 333 333 InvertEl Nu = 600 600 0as 000 Wen T,,e = Rect B..d — — Length (it) =100 10000 000 000 Multi Stage No No No No slope(%) = 010 100 000 nla N Value - 013 013 013 N. Ore. Coey =060 060 06D 060 Eayl innin = 0000(by Wet area) MUIb.stage = Na No No No TW Elev hu = 000 stage (it) 10 58 CFS xa cxvuu4u wrox�wry�rfvar Nn rq�esi rle<I�d v„+ mmwrankr mu m�eu ru lrl�n wbn mwnld Stage/Discharge Elev(it) 1000 900 80 00 Pond Report Hydrafiox Hydmprapbe Extension for AuIOCACA Cm13DA 2012 by Autpdesk Inc v9 Wednesday 0023 2015 Pond No 1 pond 21 Pond Data Pond storage is based on user -defined values Stage / Storage Table Stage(R) Elevation(M Coal oura..(59R) Inc, Stoage(cun) Total storage(cult) 0o0 600 Ne 0 0 2 W 80 We 131 722 131 722 d W low N3 131 722 263444 Culvert / Onfice Structures Weir Structures [A] [B] [C] [PrfRsr] [A] [B] [C] [D] Pose (rn) = 025 1800 Inactive Inactve Crest Len On = 1600 2000 000 0SO Span (in) 025 1000 ON 000 Crest El (it) = 800 850 000 000 No Barrels = 1 1 0 0 Walr Coen = 333 260 333 333 InvertEl (ft) = 600 600 000 ON Weir Type = Req Broad — — Lenglh(fe = 100 10000 000 000 IduldBhge = No No No No Slope(%) = 010 100 000 n/a N Value = 013 013 013 Na Orifice Coeff =060 060 060 0SO EvRI(MM1r) = 0000(by Wet area) Multi Stage = N. No No No Tar Elev (In = 000 St.,. In) 400 300 200 1 00 000 0 50 000 Storage Mm CwsNh[a wGo.eae✓+Mmuvw rxrr�l�emerl:l mmra vwr ne's.... mvxuv U)--11.) Stage / Storage 200 ON 250 000 Elev(8) 100 9W a 00 700 � 600 300000 Sloage(Cud) East Coast Engi ENGINEERS•PL�A October 5, 2015 Mr Steve Pusey, PE Environmental Engineer Division of Energy, Mineral, and Land Resources 127 Cardinal Drive Wilmington, NC 28405 Re Ocean Isle Palms —Phase 1 State Permit SW8 060338MOD Non -Compliant Inspection Notice Dear Mr Pusey g & Surveying, P.C. ERS•SURVEYORS ECEIVE OCT 0 71015 BY Our office was provided with a copy of your September 15, 2015 Non -Compliant Inspection Notice to Mr Douglass S Talbot for the subject project On behalf of our Clients, OIP NC, LLC, we offer the following response As you are aware, the current owner and developer of the project is now the OIP NC, LLC Their contact person is Mr Buck Altschul, Director -Land Development, 1123 Zonolde Rd, Suite 30, Atlanta, Ga 30306, phone 1-310-622-9234 Our office has provided Buck with the permit transfer form for execution and subsequent return to your office It is our understanding that he has sent the paperwork to your office for review "I he project, as currently configured, does meet the criteria for transfer of the permit We are aware of the prior partial certifications for pond #12 and #14 by others and acknowledge the requirements for completion of the proposed construction of the ponds as outlined in your letter to Mr 1 albot This work is included in the scope of work which is currently under contract and being constructed Based upon the existing storm water permit, Permit No SW8 060338MOD, the drainage area to Pond #21 is 25 11 Be and the impervious surface is 12 89 ac Using a rational c factor of 0 59, and a 10 cmnute time of concentration, the flow generated by this drainage area at full buildout for the 10 year slorin is 88 cfs Pond #21 was designed as a split pond with the fore bay separated from the main body of the pond and interconnected by four proposed 36" diameter reinforced concrete pipes to allow the water level within the pond cells to be maintained at the same level The limiting factors for setting the discharge from the pond are the outlet structure and emergency spillway Attached is a copy of the routing report for the pond that indicates a stage discharge relationship such that at elevation 9 0 msl, a discharge of 88 cfs is reached Inspection of the attached culvert report reveals that two 36" diameter interconnecting pipes between the cells will pass 88 cfs under a tail water condition of 9 0 nisi while maintaining a 1 foot freeboard between the water level and the top of the dam The pond as originally designed and approved incorporated four 36" intei connecting pipes We propose that two of the four interconnecting pipes be eliminated as flow requirements can be met using 4918 MAIN STREET *POST OFFICE BOX 2469 •SHALLOTTE NORTH CAROLINA 284S9 •TEL gio 7S4 8o7g .Fax 910 754 8049 FIRM LICENSE NUMBER C 3oi4 ivrr areve rusey, r a z Ocean Isle Palms Phase I - SW8 060338MOD October 5, 2015 two pipes All other features of the storm water pond and its design basis are proposed to remain unchanged Attached is a plan sheet showing the current permitted design with notations showing the revised interconnecting pipe As this change does not impact the specific design elements listed in the permit, we would hope this could be accomplished through the final certification process with a copy of the as built drawings for the pond Please advise us after you have reviewed the attached information to let us know if you concur The outlet stmaure has been installed on pond #21 and we are currently addressing erosion control issues concurrent with the construction of the roads, storm water and utility system Inlet grates have been ordered to replace those grate missing from the previous Phase IA construction with delivery anticipated in the near future We are working with Jean Conway on sediment and erosion control issues and will be cleaning all of the streets of debits (mostly pine needles and other vegetative debris) upon completion of the improvements We currently anticipate completion of all construction before the end of this calendar year Should you have any questions or comments, please let us know Thank you in advance for your attention to this matter Sincere] , � R e Tucker, PE e 117 Resident Engineer pc Mr Buck Altschul, OIP NC, LLC Mr Alan Lewis, LCCS Mr Doug Talbot, Land Development File 3100 08 (Ocean Isle Palms — Phase 1 A R B) 4918 MAIN STREET* POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL 910 754 8o2g •Fax 910 754 8049 FIRM LICENSE NUMBER C 3014 Completeness Review Checkhst Project Name Received Date Project Location 2Q.� Accepted Date Rule(s) Li2008 Coastal 1:31995 Coastal El Phase II (WiRO) Universal 01988 Coastal Type of Permit New or Mod or PR Existing Permit # (Mod or PR) (Q033,0 1APE Cert on File? Density HD or LD Type Commercial or Residential �NCG (% OK?) Stream Class ®SA Map ®Offsite to SW8 Subdivided) Subdivision or Single Lot I FIORW Map MExempt Paperwork Emailed Engineer on "Supplement(s) (1 original per BMP) BMP Type(s) 130&M with correct/original signatures (1 onginal per BMP except LS/VFS and swales) yyqry� � pplication with correct/original signatures rTKeed Corp or LLC Sig Auth per SoS or letter ®Email Address Design Engineer pp(icc�� /rI44OSl ]w1� ®$505 (within 6mo) -7;eS�� Li Address Owner Sd�S 0So0s Report with SHWT ( Note to Revoewer IJCalculations (signed/sealed) CD L / r ENo obvious errors ®Density includes common areas, etc �} Y ��'J—w Deed Restrictions, if subdivided & Notarized Plans 112 Sets L_JGrading Vicinity Map ",Legend ®Details (roads, cul-de-sacs, curbs, sidewal s, BMPs, Buildings, etc) ®Wetlands Delineated or No Wetlands ElLayout (proposed BUA dimensions) DA Maps ®Projec undanes �- 9r/'Y�5 p- - 6r- A,Z>4- J' -e-o �- Infiltration Wet Pond offsite oils Report Soils Report ®PE Cert for Master Lot # HWT SHWT ®Deed Rest for Master ®Lot # Matches Master ottom a UPP BUA Permitted (Master) sf isited BUA Proposed (Offsite) sf Additional Information Permitted Proposed BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Proposed Proposed State of Delaware Secretary of State Dicnaion o£Corporatuons Delivered 07 26 PM 0711812014 FILED 07 14 FM 0711812014 STATE OF DELAWARE SRV 140974059 - 5393395 FILE CERTIFICATE OF AMENDMENT I The name of the limited liability company is Drapac Group 35, LLC 2 The Certificate of Formation of the limited liability company is hereby amended as follows 2014 The name of the limited liability company is changed to OIP NC, LLC IN WITNESS WHEREOF, the undersigned have executed this Certificate on June 26, By /s/ Enka Easter Authorized Officer Name Enka Easter ECEIVE SEP 2 4 2015 -4 BY NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $ Parcel Identifier Nos See Attached Exhibit Tr ea,Fed by County on the_ day of 2014 BY ox to t Ti iti FidehtvN tonal THe Grotto 5565 (34mridw Cormoctor. Sutc 329 AtlanM GA 50342 Mus instrument was prepared by Tow & Associates, 2999 Palm IIarbor Bwkvard, Sane A Palm Harbor, Florida 34683 (without opnnion on title) Brief deserii)don for the hider Occen Isle Palms THIS DEED made this9�day of June, 2014, by and between Mr Andrew Bolniek, as Trustee for the North Myrtle Iagmdatmg Trust, U/T(A dated September 7, 2012 3001 Countryside Blvd Clearwater, FL 33761 Drapac Group 35, LLC a Delaware limited liability company 6161 Santa Monica Boulevard, Ste 102 iama Monica, CA 90038 The designation Grantor and Grantee as used berem shall include scald parties, their hens, successors, and assigns, and shall include singular, plural, masculme, femunne or neuter as required by context W]TNESSETH, that the Grantor, for a vahmble consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee smiple, all that certain lot or parcel of land more particularly described on Exhibit A (A02349i2 DOCX ) EVEI V E SEP 2 4 2015 BY The property described on Exhibit A was acquired by Grantor by instrument(s) recorded in Deed Book 3344, Page 0082, Brunswick County Registry TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all pnvrleges and appurtenances thereto belonging to the Grantee in fee simple And the Orantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the exceptions set forth on Exhibit C attached hereto and incorporated herem by reference, but not otherwise IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above wnttea. Cef•.7:i�YS173 Andrew BolmcL, as Trustee for the North Myrtle Liquidating Trust, U/f/A Dated September 7, 2012 STATE OF FLORIDA COUNTY OF PINELLAS I, a Notary Public of the County and State aforesaid, do hereby certify that Mr Andrew Bolmck personally came before me this day and acknowledged that he is Trustee of the North Myrtle Liquidating Trust U/T/A dated September 7, 2012, and that he, as Trustee and, being authorized to do so, executed the foregoing on behalf of the North Myrtle Liquidating Trust. Date [NOTARY STAMP OR SEAL] r — 1 ( f N'a6y Public signature My <i;tcFnl�(//PK Notary Public The foregoing Certificate(s) of islare certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the fast page hereof By (A0234912 DOCX ) of Deeds for County Deputy/Assistant - Register of Deeds EXHIBIT "A" Lying and being situate in Brunswick County North Carolina, and being more particularly described as follows TRACT ONE (Dennis — OIP Land Tract) (Parcel A) BEING that certain tract or parcel containing 83 79 acres (3,649,835 3 square feet), as more fully described in a survey plat dated 23 August 2005, prepared by Howard E Stocks, PLS, Cape Fear Engineering, Inc , entitled "Boundary Survey for MAS Properties, LLC, a Portion of Deed Book 364, Page 413", recorded in Map Cabinet 33, Page 288, Brunswick County Registry, to which reference is made and which is incorporated herein for greater certainty of description (Parcel B) All right, title and interest of the Grantor in and to those easements and the rights therein, contained, including the right to erect and maintain a sign as more fully described in a deed recorded in Deed Book 663, at Page 646, Brunswick County Registry, which is incorporated herein by reference for greater certainty of description, and being the same easement which is identified as "Existing 60' Easement DB 663, Pg 646" in the survey plat referenced above For back reference see instrument recorded in Deed Book 2248, Page 1026, Brunswick County Registry TOGETHER WITH TRACT TWO (Assembly of God — OIP Land Tract) (Parcel A) Beginning at an existing iron pipe located South 89 degrees 25 seconds 05 minutes West 50 00 feet from a pk nail in the center of SR 1184, Ocean Isle Beach Road, Said pk nail being located South 02 degrees 47 minutes 38 seconds West 1,707 65 feet from a pk nail in the center line intersection of SR 1163, Old Georgetown Road and SR 1184, Ocean Isle Beach Road Thence South 00 degrees 27 mmutes 40 seconds East for a distance of 346 62 feet to a new iron pipe, thence South 89 degrees 32 minutes 20 seconds West for a distance of 488 00 feet to a new iron pipe, thence North 01 degrees 27 minutes 10 seconds West for a distance of 346 67 feet to a new iron pipe, thence North 89 degrees 32 minutes 20 seconds East for a distance of 494 0 feet to an existing iron pipe, being the pomt of beginning and containing 3 91 acres For back reference see Deed Book 2401, Page 513, Brunswick County Registry TOGETHER WITH TRACT THREE (DWE — OIP Land Tract) (Parcel A) Bemg all of that tract or parcel containing 30 34 acres, more or less, as more fully described in a {A0234912 DOCX 1 survey plat dated 10 April 2006 entitled "Boundary Survey for DWE I, LLC", prepared by Howard E Stocks, PLS, Cape Fear Engineering, and recorded in Map Cabinet 34 at Page 499 in the Office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said propel' (Parcel B) A non-exclusive right-of-way and easement for purposes of ingress, egress, regress, and the connection and maintenance of utility services, in, over, along and upon that certain sixty foot (60) right -of --•way and easement shown as "Existing 60' Easement DB 663 PG 646" on the survey plat referenced in Parcel A, above, connecting the Property with the westem right-of-way of State Road (SR) 1154, which nght-of--sway and easement shall be appurtenant to and shall run with the title of Parcel A For back reference see Deed Book 2369, Page 1270, Brunswick County Registry TOGETHER WITH TRACT FOUR (Hales — OIP Land Tract) (Parcel A) BEGINNING at a stake in the run of Crown Branch, a common comer of Daniel Flowers and E H Smith's lands, runs thence South 9 degrees East 700 feet to a stake in the run of Jenrue's Branch, thence down the run of Jennies Branch about 117 5 feet to a point where it is Intersected by Croom Branch, thence up the run of Croom Branch about 1620 feet to the beginning, containing 15 acres, as surveyed by A. J Brown, surveyor, August, 1936, and being Lot No 1 of the W H Flowers estate For a more particular description reference is hereby made to the second tract in a deed to Daniel Flowers, dated August 15, 1936, and duly recorded in Boole 63, Page 279 and Deed Book 122, Page 423 in the office of the Register of Deeds for Brunswick County, North Carolina. (Parcel B) BEGINNING at a stake in the old W H Flowers and J M and J S Parker line, a common corner to Lots Nos 2 and 4, runs thence with the dividing line between Lots 2 and 4 South 68 degrees west 717 feet to a stake, a common corner to Lots 2, 3 and 4, thence with the dividing lute between Lots 2 and 3 North 9 degrees west 978 feet to a stake in the run of Jennies Branch, thence up the run of Jenmes Branch about 700 feet to a stake in the old E H Smith line, thence South 9 degrees east with the old Smith line 927 feet to the BEGINNING, containing 15 acres, more or less, and being all of Lot No 2 of the W H Flowers Estate as allotted to W S Flowers, as surveyed by A J Brown, Surveyor, August, 1936 For a more particular description, reference is hereby made to deed from Sarah J Flowers et als, to W S Flowers, dated August 11, 1936, and duly recorded in Book 63, Page 254, in Deed Book 115, Page 428, in the office of the Register of Deeds for Brunswick County, North Carolina (Parcel C) 1A0234912 DOCX ) BEGINNING at an iron stake with pine pointer, W S Flowers' corner of Lot No 2 and Lillie Smith's corner of Lot No 4, runs south 82 degrees 15 minute-, west 739 feet to an iron stake with pine pointer, thence north 9 degrees 45 minutes 829 feet to a stake in the run of Jennie's Branch about 775 feet to a bay tree being the northwest comer of W S Flowers' lot no 2, thence with W S blowers' line south 9 degrees east 978 feet to the place of beginning, containing 14 acres, more or less For back reference see Deed Book 117, Page 315, Brunswick County Registry (Parcel D) BEGINNING at an iron stake with pine pointers, a common comer of the W It Flowers estate lands and Caesar Bell lands, also a common comer to Lots Nos 2, 3 and 4 in the division of the W H Flowers estate, runs thence from said beginning corner and with the dividing line between lots 2 and 4, north 68 degrees east 717 feet to a stake, a common comer to Lots 2 and 4, thence with the old Flowers and Parker line south 18 degrees 45 minutes east 1140 feet to an iron stake, a common comer between Lots 4 and 5, thence south 83 degrees 15 minutes west 931 feet to a stake in the old Czar Bell line, and also another common comer between lots 4 and 5, thence with the old dividing line between W H Flowers and Czar Bell North 6 degrees 45 minutes west 925 feet to the beginning, containing 19 116 acres, as surveyed by A J Brown, surveyor, August 1936, and being known as Lot No 4 of the W H Flowers Estate which was allotted to Lillie Smith For back reference see Deed Book 117, Page 136, Brunswick County Registry (Parcel E) BEGINNING at an iron pipe in the northwest comer of the tract of land described in a deed to George Hughes dated October 9, 1948, and recorded in Book 94, Page 6, runs thence south 14 degrees 30 minutes east 2290 feet to a stake, thence north 75 degrees east 506 feet to a stake in the Russ line, thence with the Russ line north 14 degrees 30 minutes west 2376 feet to a stake, thence south 66 degrees 15 minutes west 518 feet to the BEGINNING, containing 27 acres as sutti eyed by Johnnie Bland, surveyor, February 25, 1959 and being a part of that tract of land purchased by George Hughes from C N Hewett et ux by deed dated October 9, 1948, and recorded in Book 94, Page 6, Brunswick County Registry For back reference see Deed Book 146, Page 146, Brunswick County Registry (Parcel F) BEGINNING at Roark's corner in Robert H Pigotfs line and runs with Pigott's-Lluellyn Hewett's line south 13 degrees east 110 poles to I F Parker's comer, thence south 75 degrees west with J F Parker, J H Parker and W G Parker's line 130 poles to E M Parker's comer, thence with his ]me south 80 degrees west 42 poles to another comer in W A Bland's line, thence with Bland's line north 10 degrees west 48 poles to the run of Jennies Branch, thence down said Branch to the mouth of Cross Branch which is Rourk's line, thence with said Branch and Rourk's line to the BEGINNING, containing 98 acres, more or less, and being the same lands conveyed Canal Wood Corporation by Finley McMillan and wife, Clara McMillan by deed dated April 3, 1939, and recorded in Book 68, Page 80, Brunswick County Registry ,A9234912 DOCX } Excepting from the above 50 acres, more or less, conveyed to W H Flowers by G F Gore by deed dated February 18, 1908 and recorded m Book 30, Page 457, Brunswick County Registry For back reference see Deed Book 147, Page ISO, Brunswick County Registry The above described property also being the same property as more fully described as 63071113 sq ft , 144 79 acres by coordinates in a survey plat dated April 26, 2005 entitled 'Boundary Survey For MAS Properties, LLC" prepared by Perry G Davis, Jr, P L S , Cape Fear Engineering, Inc, and recorded in Map Cabinet 32 at Page 276 in the Office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said property For back reference see Deed Book 2134, Page 644, Brunswick County Registry TOGETHER WITH TRACT FIVE (OIP LAND PLATTED FOR PHASES 1A, 113, 2A, 2B AND 2C) BEING those tracts sometimes referred to as the Ocean Isle Beach Golf Course tracts located in Shallotte Township, Brunswick County, North Carolina, and being more fully desenbed as follows Tract 1 BEING ALL of Tract 1, containing 346 33 acres +/-, all of Tract 2, containing 30 59 acres +/-, and all of Tract 3, containing 30 77 acres +/-, as shown on a map entitled "Boundary Survey for MAS Properties, LLC, a Portion of Deed Book 365 at Page I ", as recorded in Map Book 33 at Page 17, Brunswick County Registry LESS AND EXCEPTING the following lots Lots 1-13, 16-20, 23, 25, 28-47, 53, 57-60, 62, 63- 81, 81A, 82, 83, 166, 167, 170-181, 183, 185-200, 202, 203-228, including 72A and 217A, all inclusive, Phase 1A, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 35 at Pages 51-54, inclusive, and revised in Map Cabinet 35 at Pages 166-169, inclusive, Brunswick County Registry, to which plats reference is hereby made for greater certainty of description of said property LESS AND EXCEPTING the following lots Lots 86, 88, 89, 93, 94, 96-106, 113, 114, 117, 120-128, 131, 132, 134-143, 145, 146, 147, 15I, 152, 158, 160, 161, 162 and 164, all inclusive, Phase 1B, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 35 at Pages 170 and 171, and revised in Map Cabinet 35 at Pages 456 and 457, Brunswick County Registry, to which plats reference is hereby made for greater certainty of description of said property LESS AND EXCEPTING the following lots Lots 477-483, inclusive, 487,488 and 489, Phase 2A, Ocean Isle Palms Development as shown on a survey plat recorded in Map Cabinet 35 at Page 459, Brunswick County Registry, to which plat reference is hereby made for greater certainty of description of said property (Lots 450, 453, 454 and 476 were revised in Map JAD234912 DOCx ) Cabinet 37 at Page 15, Brunswick County Registry) LESS AND EXCEPTING the following lots 386, 389, 412, 424 and 433, Phase 2B, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 36 at Pages 112 and 113, Brunswick County Registry, to which plats reference is hereby made for greater certainty of description of said property LESS AND EXCEPTING the following lots Lots 257, 258, 286, 291 and 292, Phase 2C, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 39 at Pages 11 and 12, and revised in Map Cabinet 52 at Pages 45 and 46, Brunswick County Registry, to whuh plats reference is hereby made for greater certainty of description of said property (Lot 239 was deleted on the revised plat.) TRACT SIX Those certain lots lying and being in Shallotte Township, Brunswick County, North Carolina and being identified as Lots 168,169 and 203, Ocean Isle Palms Development, Phase 1-A, Shallotte Township, as more particularly described in a survey plat dated May 23, 2006, by Howard E Stocks, P L S , Cape Fear Engineering, Inc and recorded in Map Cabinet 35 at Page 166 through 169, inclusive, Brunswick County Registry TRACT EIGHT (ADDITIONAL PARCELS IN OCEAN ISLE PALMS) Lying and being in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows BEING ALL of that certain tract or parcel containing 164 15 acres and all of that certain tract or parcel containing 109 61 acres, for a combined total of 273 76 acres, all as more fully described in a survey plat dated 8 August 2005, entitled "ALTA Plat of Rourk Seaside and JC Snider tracts", prepared by Robert A Warner, P L S Robert A Warner & Associates, Inc, recorded in Map Cabinet 33 at Page 287 in the Office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is hereby made and which is incorporated herem for greater certainty of description of said property And being the same property as was conveyed to Star TCH Properties, LLC by deed dated 28 September 2005 from David T Stevenson et ux et als, recorded in Book 2248 at Page 981, Brunswick County Registry TOGETHER WITH TRACT NINE BEING ALL of Tract 1 as shown on a map prepared by Jan K Dale, RLS, dated 1042-1984 and duly recorded in Map Cabinet P at Page 125 in the Office of the Register of Deed for Brunswick (AD234912 Docx ) County, North Carolina LESS AND EXCEPT Tract One Being all of Lot 154, Phase 1 B, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 35, Page 170 and 171, and revised in Map Cabinet 35, Pages 456 and 457, Brunswick County Registry Tract Two Being all of Lot 54, Phase IA, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 35, Pages 51-54, and revised in Map Cabinet 35, pages 166-169, Brunswick County Registry Tract Three Being all of Lot 48, Phase IA, Ocean Isle Palms Development as shown on survey plats recorded in Map Cabinet 35, Pages 51-54, and revised in Map Cabinet 35, Pages 166-169, Brunswick County Registry SAVE AND EXCEPT, in regard to tax parcel numbers 2280000410, 22800010 and 2280001005, Title to the Lands taken by those Memoranda of Action regarding the NC Department of Transportation recorded in Book 3404, Page 1271, Book 3404, Page 1280, and Book 3404, Page 1269, all Brunswick County Registry Those same areas that are the subject of North Carolina Department of Transportation condemnation proceedings bearing Brunswick County file numbers 13 CVS 870, 13 CVS 872 and 13 CVS 873 related to DOT Project Number 35501 2 1 known as "SR 1163 (Old Georgetown Road Extension) from SR 1184 (Ocean Isle Beach Road) to NC 179," and consisting of areas sufficient to acquire for the Department of Transportation the right of way shown on Plan Sheets 4, 5, 6, 7, 8, 9 and 15 of Project 35501 21 Areas indicated as permanent drainage easement, permanent utility easement, temporary construction easement and slope easement on said Plan Sheets, are also subject to the Department of Transportation easements The areas are more particularly identified in Exhibits B-1, B-2 and B-3 attached hereto Those DOT Condemnation Parcels being more uai ticularly described as follows Less and Except the Following NC -DOT Condemnation Parcels Being all that tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows Beginning at the northeast corner of Tract 3 as shown on a map entitled "Boundary Survey for MAS Properties, LLC a Portion of Deed Book 365, Page 1" as recorded in Map Cabinet 33, Page (A0234912 DOM ) 17, Brunswick County Registry, said beginning point also being in the old right of way line of S R- 1184 (Oc edn Isle Beach Road), and also being located N39° t7'04"W 7,530 36 feet from N C G S Monument "Runway", said monument having a northing of 59,108 33 feet and an casting of 2,172,572 23 feet, NAD 83-2011 (Reference bearing from N C G S "Runway" to N C G S "Isleport" is S54°42' 13"W), thence from the Point of Beginning, along the old westerly right of way line of said S R 1184 (Ocean Isle Beach Road) and the easterly line of said Tract 3 for the following bearings and distances SOl°13'28"W, 2 55 feet to a point, thence S00° 11'57"E, 10171 feet to a point, thence, S02°43' 14"E, 10184 feet to a point, thence S04018'01"E, 10104 feet to a point, thence S05151' 14"E, 128 43 feet to a NCDOT Right of Way Disk (NCDOT T i P # R3432, as recorded in N C D O T Map Book 2, Pages 186 thru 203 of the Brunswick County Registry (Station 33+88 00, 50 00' Right), thence, along the new westerly right of way hne of S R 1184 (Ocean Isle Beach Road), NI I°49'58"W for a distance of 443 25 feet to a point on the north line of the aforementioned Tract 3 of Map Cabinet 33, Page 17, thence N80°43'31"E, 66 16 feet along the northerly line of said Tract 3 to the Place and Point of Beginning Containing 0 29 acres (12,515 square feet) and being a portion of Tract 3 as shown on a map entitled `Boundary Survey for MAS Properties, LLC, a Portion of Deed Book 365, Page 1" as recorded in Map Cabinet 33 at page 17, Brunswick County Registry, also being a portion of and situated in Brunswick County Tax Parcel ID 2280000410 Exhibit RW-2 Less and Except the Following NC -DOT Condemnation Parcels Being all that tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows Beginning at the northwesterly corner of Tract I as shown on a map entitled "Boundary Survey for MAS Properties, LLC a Portion of Deed Book 365, Page 1" as recorded in Map Cabinet 33 at page 17, Brunswick County Registry, said beginning point also being in the old westerly right of way line of S R 1184 (Ocean Isle Beach Road) and being located N35046'28"W, 7,95121 feet from N C G S Monument "Runway", said monument having a northing of 59,108 33 feet and an casting of 2,172,572 23 feet, NAD 83-2011, (Reference bearing from N C G S "Runway" to N C G S `Isleport" is S54°42' 13"W), thence from the Point of Beginning, N67°53'2T'E, 59 99 feet along the northerly line of said Tract I to a corner of said Tract 1, thence S07°32' 58"E, 205 45 feet, along the easterly line of said Tract 1 to a point on the new southerly right-of-way line of S R 1163 (Old Georgetown Road Extension), thence S57130' 52"W, 58 20 feet with the new southerly right of way line of said S R 1163 to a NCDOT Right of Way Disk (NCDOT T I P # R3432, as recorded in N C D O T Map Book 2, pages 186 thru 203, Brunswick County Registry), to the intersection point of the new southerly right-of-way line of S R 1163 and the easterly nght of way hne of S R 1184 (Ocean Isle Beach Road), thence S03000'23"W, 744 49 feet with the new easterly right of way line of said S R 1184 to a NCDOT Right of Way Disk in the intersection of the old easterly right of way line of said S R 1184, thence with said old easterly right of way line of S R 1184 and the westerly line of said Tract 1 for the following bearings and distances N04°22'06W, 123 90 feet to a point, thence, NO2°43' 14"W, 98 26 feet to (AO234912 DOCX ) a point, thence N00°11'57"W, 98 27 feet to a point, thence NOl°13'28"E, 99 11 feet to a point, thence N01049'45"E, 99 79 feet to a point, thence, NO2°29'48"E, 100 76 feet to a point; thence NO2°07' 06"E, 252 72 feet to a point, thence N00°40' 15"E, 83 83 feet to the Place and Point of Begimung Containing 0 84 acres (36,784 square feet), and being a portion of Tract I as shown on a map entitled `Boundary Survey for MAS Pioperttes, LLC, a Portion of Deed Book 365, Page 1" as recorded in Map Cabinet 33 at page 17, Brunswick County Registry, also being a portion of and situated in Brunswick County Tax Parcel ID 2280000410 EXHIBIT RW-3 Less and Except the Following NC -DOT Condemnation Parcels Being all that tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows Beginning at the northwesterly comer of a 164 15 acre tract as shown on a map entitled "ALTA Plat of Rourke Seaside and JC Snider Tracts, Prepared for Tanner Consolidated Holdings, Inc" as recorded in Map Cabinet 33 at page 287, Brunswick County Registry, said beginning point being located N35°21' 13"W 7,937 25 feet from N C G S Monument "Runway", said monument having a northing of 59,108 33 feet and an eastmg of 2,172,572 23 feet, NAD 83- 201l(Reference bearing from N C G S "Runway" to N C G S "Isleport" is S54°42' 1 TV), thence from the Point of Beginning and with the north line of said 164 15 acre tract N72.38 48"E, 318 12 feet to a point, thence, continuing along said north line, N66148'04"E, 100136 feet to a point in the new northerly right of way line of S R 1163 (Old Georgetown Road Extension), thence with the new northerly right of way line the following bearings and distances S08°53' 56"E, 128 32 feet to a NCDOT Right of Way Disk (NCDOT T I P # R3432, as recorded in N C D O T Map Book 2, pages 186 thru 203, Brunswick County Registry), thence with a curve to the nght having a radius of 2795 Ol feet and a chord bearing and distance of N88°52' 18"E, 755 82 feet to a NCDOT Right of Way Disk at a point of tangency (Station 43+97 80, 75 00' Left), thence S83°21'27"E, 687 08 feet to a NCDOT Right of Way Disk (Station 50+84 88, 75 00' Left) at a point of curvature, thence with a curve to the left having a radius of 2645 Ol feet and a chord bearing and distance of S88°35'04"E, 48193 feet to a point on the easterly line of aforementioned 164 15 acre traLA, thence with said easterly line, S11057'24"E, 6179 feet to a point, thence continuing along said easterly line, S21°35'55"E, 93 04 feet to a point on the new southerly right of way line of S R 1163 (Old Georgetown Road Extension), thence along the new southerly right of way line of said S R. 1163 for the following bearing and distances starting with a curve to the right having a radius of 2795 01 feet and a chord bearing and distance ofN88°57'56"W, 546 28 feet to aNCDOT Right of Way Disk (Station 50+84 88, 75 00' Right), thence S06°38'33"W, 5 00 feet to a NCDOT Right of Way Disk (Station 50+84 88, 80 00' Right), thence N83°21'27"W, 687 08 feet to a NCDOT Right of Way Disk (Station 43+97 80, 80 00' Right), thence N06°38' 33'E, 5 00 feet to a NCDOT Right of Way Disk (Station 43+97 80, 75 00' Right), thence with a curve to the left having a radius of 2645 Ol feet and a chord bearing and distance of S84°52150"W, 1078 34 feet to a NCDOT Right of Way Disk at a point of tangency (Station 32+81 06, 75 00' Right), thence S73107'08"W, 706 06 feet to a NCDOT Right of Way Disk (Station 25+75 00, 75 00' Right), thence (A0234912 DOCX ) S57030'52"W, 243 67 feet to a point on a westerly line of aforementioned 164 15 acre tract as shown on a map recorded in Map Cabinet 33 at page 287 aforesaid mentioned, thence N87°32'58"W, 205 45 feet along the westerly line of said 164 15 acre tract to the Place and Point of Beginning Containing 12 39 acres (539,643 square feet) and being a portion of the 164 15 acre tract as shown on a map entitled "ALTA Plat of Rourke Seaside and JC Snider Tracts, Prepared for fanner Consolidated Holdings, Inc" as recorded in Map Cabinet 33 at page 287, Brunswick County Registry, and being a portion of and situated in Tax Parcel ID 22800010 EXHIBIT RW-4 Less and Except the Following NC -DOT Condemnation Parcels Being all that tract or parcel of land lying and being in Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows Beginning at a point on the northerly right-of-way line of S R 1163 (Old Georgetown Road Extension, said beginning point being located S 11°57'24"E, 41 83 feet from the northwesterly comer of a 109 61 acre tract as shown on a map entitled "ALTA Plat of Rourke Seaside and JC Snider Tracts, Prepared for Tanner Consolidated Holdings, Inc " as recorded in Map Cabinet 33 at page 287, Brunswick County Registry, said beginning point is also located from N11°56'07"W, 6909 02 feet N C G S Monument "Runway", said monument having a nortlung of 59,109 33 feet and an eastmg of 2,172,572 23 feet, NAD 83-201 l (Refereneebeanng from N C G S "Runway" to N C G S "Islepoif" is S54°42' 13" W), thence from the beginning point and with the new northerly -right of way line of S R 1163 (Old Georgetown Road Extension), the following bearings and distances, starting thence with a curve to the left having a radius of 2645 01 feet and a chord bearing and distance of N78°59'56"E, 662 04 feet to a NCDOT Right of Way Disk (NCDOT T I P # R3432, as recorded in N C D O T Map Book 2, pages 186 thm 203, Brunswick County Registry (Station 62+63 78, 75 00' Left) said disk is located at a point of reverse curvature, thence with a curve to the right having a radius of 3895 01 feet and a chord bearing and distance of N86°00'35"E,1910 98 feet to a NCDOT Right of Way Disk (Station 81+57 28, 75 00' Left), thence N10° 12'36"E, 5 00 feet to a NCDOT Right of Way Disk (Station 81+57 28, 80 00' Left), thence S79°47'24"E, 120 39 feet to a point on the easterly line of aforementioned 109 61 acre tract, thence S02°55'21"E, 159 16 feet, along the westerly line on said 109 61 acre tract, to point on the new southerly right of way line of S R1163 (Old Georgetown Road Extension), ), thence with the new southerly right of way line the following bearings and distances thence N79°47'24"W, 156 55 feet to a NCDOT Right of Way Disk (Station 81+57 28, 75 00' Right) at a point of curvature, thence with a curve to the left having a radius of 3745 01 feet and a chord bearing and distance of S86°00'35"W, 1837 39 feet to a NCDOT Right of Way Disk (Station 62+63 78, 75 00' Left) at a point of reverse curvature, thence with a curve to the right having a radius of 2795 01 feet and a chord bearing and distance of S78°37'05"W, 662 69 feet to a point on the westerly line of the aforementioned 109 61 acre tract as shown in Map Cabinet 33 at Page 287 referenced above thence N21°35'55"W, 93 04 feet along the westerly line of said 109 61 acre tract to a point, thence N11 057'24"W, 61 79 feet along the westerlyline of said 109 61 acre tract to the Place and Point of Beginning Containing 9 31 acres (405,574 square feet) and being a portion of the 109 61 acre tract as shown on a map entitled "ALTA Plat of Rourke Seaside and JC Snider Tracts, Prepared for Tanner Consolidated Holdings, Inc" as recorded in Map Cabinet 33 at page 287, Brunswick County IAO234912 DOCX 1 Registry, also being a portion of an situated in Tax Parcel ID 2280001005 All bearings listed hereon are based on NC Grid (N A D 83-2011), all distances are horizontal ground distances All metes and bounds shown hereon were taken from recorded information, were not surveyed by me at this time and are suble,,t change LESS AND EXCEPT any easements interebts taken by the NC DOT as described in the said DOT plans described above (A=4912 DOCX ) GA.IJMTF IIBT I.. L I)ESCRIPTION OF SUWCT PRORMT—Y Those certain lands lying and being to Shallotte Township, Brunswick County, North Carolina and being more particularly described as follows Being that tract of land represented by Tax Parcel No 2280-00-0410 (P)N No 106616836401) as is shown mthe Brunswick County Tax Office MTMST OR ESTATE TAKEN Fee simple title to right of way for all purposes for which the plamoff is authorized by law to subject the same. Also, an easement, u perpelnrty for drainage Said pemranent drainage easement in perpetuity is for the installation and maintenance of dramage facilities, and for all purposes for which the Department of Transportation is authorized bylaw to subieet sumo The Department of Traosportahon and its agents or assigns shall have the right to constrict and mmntaiu m I proper manner m, upon and through said permaneut dramage easement area(s) a dramage facility with all necessary pipes poles and appurtenances, together with the right at all times to enter sasand permanent alterations thereon, together ge easement ws) for the the purpose of mWeting said drsmago facility and making all necessary rep right to out away and keep clear of said dramago facility, all trees and other obstructions dial may in any way endanger or interfere with the proper maintenance and operation of the same wdh the right at all tires of mgiess, egress and regress Time Departrount of Transportation shall have the nghtto constrict. and maintain the cut and/or fill slopes in the above described permanent dramage easement areas) The Pormatent Dramago Basement aball be used by the Department of Transportation for additional working area during the above described project A permanent utility easement for all purposes for which the plamtrff is authorized by law to subject the same Said utility easemetd in perpetuity is for the installation and maintenance of utilities, and for all purposes forwhich the Department of Transportation is authorized by law to silbkeet same The Department of Transportation and its agents or assrgps shall have the right to construct and maintain in a proper manner In, upon and through said premises autrhty hue or Imes with all necessary pipes, poles and appurtenances, together with the right at all times to enter send premises for the purpose of inspecting said utility hues and making ell necessary ropaus and alterations thereon, togother with the rigiitto cut away and keep clear of said utility Imes, all tires and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all tunes of ingress, egress and regress The Depar mant of Transportation shall have the right to construct and mai r"m the cut and/or fill slopes in the above cambed permanent utilityeasement acea(s) Tho Permanrnrt Utility paeernent shallbe used by the Department of Transportation for additional working area during the above described project Access is controlled by the Deparimatt of Tiansportahon as is indicated by control -of -access (CIA) Imes on the plan sheets attached horato and there will bo no access to, front, or across the areas within the control -of -access (CIA) Imes to the main traffic lanes, ramps, or approaches over or from the property abutting said highway right of way ARFA TAIfEN That area sufficient to acquire for Department of Transportation Protect 3550121$e not of way shown over and upon Parcel 004 implant Sheets 4 and 15 of the above -mentioned protect, plus Bach addittonal areas as Indicated as a pomianant drainage easement and permanent utility easement on said plan sheets The aforesaid plan sheets are attached hereto for the purpose of identification of the areas taken and for no other propose Said areas taken will be more specifically described on the plat provided form O S 136.106_ ProkectNo 3550121 Parcel No 004 ID No R-3432 A G FILE NO. Tit 12-00767 a@iL1AL Lwa -rro- PI SID 047 p - 3*57' 9fRn O • r074&r t = 34SM T = ffJLV R - SRWW SE - DO M - IUY STA /3+07.00 -L- BEGIN STATE PROJECT R-3432 ♦♦♦nnn��� PUE TO BE WEDEO TO BWIYSIYA7( EA6 I42• LT N! r' B� p WIN" MU acrcx N[w IaDu/ .Ay YDYDOD�xY ISIDIifPaLTlali WWOfY —kt- 13WN1IX2 D[LN{Gk {.�Y1alT TOO/WAYT DAAIIWi{ IAQNW�---me�- ww.wxr mxvneumon wrewwr—.-..<— ® wuLrwWY v{nm uvNtut — D.{WLN YAiI 6AI{MR1Y ® �DYIAL VN11'T We•nM� —q— DIWXA�Va]l�T 1SNlWLLRY VILIIY DFIPNDIT �pY—. MNTAdIlD ♦Caf/{ {YRIWD WMi4O3llY AICW Mi/ICi Y1R10 W/Im1W W Im!}KR 0 0 � \ aux wL euo/ ar/ {T ao�w a nO MA/D � MN� N f POE TO BE OEMO TO BRUNS1TiCK ENC g 64 REbLLL MIMSn W ffi win $Om G \ 432 PT SIo 21 r h,W" A]O xxrRosr Mil 1 _yam fwf /In n nsI aon .Im �fl rcu �en�I m LALO "A" zM Tw emo f�64 � 140E n nN d0 GtODOfInVM b W IXD GTO12lOWN M 2�YID J.IM .4 .lr SjflD 4DM 1DA]d npRR n IIM n(8tN m! DWI W 0 ME 0 4T P� y�-o PpHfB� B ~� 1 3 5PO7 i�iX143' �.s L W • �u %t �t �LL �k GD m �Y S ` I I FOR -E- PROW SEE SHEET s FOR -YIO- PROFILE SEE SHEET MA SEE SHEET 2-C FOR ROUMDAW/T OETAX is bY�ODg Y ^Y 411XYXo Y xxiuBrP "B`" 2 / V DESCRIPTION OF SUBJECT PROPERTY Those certain lands lying and being in Sballotte Township, Brunswick County, North Carolina and being more particularly described as follows Being that tract of land described as `Tract One (Additional Parcels in Ocean Isle Palms)' in a Special Warranty Deed dated November 16, 2012 to Andrew Rolnick, as Trustee for the North Myrtle Liquidating Trust dated September 7, 2012, and recorded December 6, 2012 in Book 3344, Page 212, Brunswick County Registry The property description far said `"Tract One (Additional Parcels in Ocean Isle Pahns)" contained in said deed is hereby incorporated by refeream INTEREST OR ESTATE TAKEN Pee simple title to right of way, and a slope easement for providing lateral support to the highway, or land adjacent thereto, which easement will temrinate at such time as fat owner lower; or raises the elevation of the land adjacent to said highway to the extent that such lateral support is no longer needed and, in addition, a temporary construction easement to continue until the completion of the prof ect, at which time said temporary construction easement will terminate Access is controlled by the Department of Transportation as is indicated by control -of -access (C/A) lines on the plan sheets attached hereto and there will be no access to, from, or across the areas within the control -of -access {C/A) lines to the main traffic lanes, ramps, or approaches over or from the property abutting said highway right ofway AREA TAKEN That area suflment to acquire for Department of Transportation Project 35501 21 the right of way shown aver and upon Parcel 005 on Plan Sheets 4, 5, 6, 7, 8 and 9 of the above -mentioned project, plus such additional areas as ui&cated as a temporary construction easement and as slope easement on said plan sheets The aforesaid plan sheets are attached hereto for the purpose of identification of the areas talmn and for no other purpose Said areas taken will be more specifically described on the plat provided for in G S 136-106 Project No 3550121 Parcel No 005 LD No R 3432 A.G FILE NO. TR 12-00768 !�f c 4r� .s JV sI • s o � O O O n N J 4411 l4O e 1 iAy\lL Si 4 Oe°fmvS86 W -no- rou sm m n.s ans rasa me �,os ns sna vacs Stec rss tq¢le v sva atn cscessiarne n ev mm raeo ss rt tW1N 41! Sbl e0 FOR -L- Paomiz SEE weEr 16 FOR -rto- PIVRIZ SEE SREEr E!A SEE SHEET E-C FOR RWOMAMIT DETAIL 93aeltsrf 1'11w3 " DESCRIPTION OR SUBJECT PROPERTY- Those certain lands lying and being in Shallotte Township, Brunswick County, North Carolma and being more particularly described as follows Being all of "Tract 3, containing 30 77 acrest" which is a portion of `Tract 1" of "Tract Five (01P Land Platted For Phases 1A, 1B, 2A, 2B And 2C)" as is described m a Special Warranty Deed datedNevember 16, 2012 to Andrew Bolinck, as Trustee for the North Myrtle Liquidating Trust dated September 7, 2012, and said deed is recorded December 6, 2012 m Book 3344, Page 186, Brunswick County Registry The property description for "Tract 3, containing 30 77 acrest" of "Tract 1" of"Tract Five (01P Land Platted For Phases 1A, 1B, 2A, 2B And 2C)" as is contained in said deed is hereby incorporated by reference. INTEREST OR ESTATE TAKEN Fee simple title to right of way for all purposes for which the plaintiff is authorized by law to subject the same Also, a permanent utility easement for all purposes for which the plaurtiff is authorized by law to subject the same Said utility easement in perpetuity is for the installation and maintenance of utilities, and for all purposes for which the Department of Transportation is authorized by law to subj ect same The Department of Transportation and its agents or assigns shall have the right to construct and maintain in a proper manner 11), upon and through said premises a utility line or Ines with all necessary pipes, poles and appurtenanczs, togatlier with the right at all tines to enter said premises for the purpose of inspecting said utility lines and making all necessary repairs and alterations thereon, together with the right to cut away and keep clear of said utility Imes, all trees and other obstrnchons that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times of ingress, egress and regress The Department of Transportation shall have the right to construct and maintain the cut and/or fill slopes in the above -described permanent uthtyeasement areas) The Permanout Utility Easement shall be used by the Department of Transportation for additional working area during the above described project AREA TAKEN* That area sufficient to acquire for Department of Transportation Project 35501 21 the right of way shown over and upon Parcel 039 on Plan Sheet 15 of the above -mentioned project, plus such additional area as indicated as a permanent utility easement on said plan sheet The aforesaid plan sheet is attached hereto for the purpose of identificabon of the areas taken and for no other purpose Said areas taken will be more specifically described on the plat provided for m G S 136-106 Project No -355012 1 Parcel No 039 LD No R-3432 A G FILE NO TR-13-00409 -Yq- P/ a�i p = r9r4f.Mr! D rq'C5d r = aw = 79= 3DO S '03 SE - iq = er NMI, O Exhibit C Permitted Exceptions 1 Taxes or assessments for the year 2014, and subsequent years, not yet due or payable 2 Any discrepancy, conflict, access, shortage in area of boundary Imes, encroachment, encumbrance, violation, variation, overlap, setback, easement of claims of casement, riparian right, and title to land withm roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below the mean highwater mark or within the hounds of any adloimng body of water, or other adverse circumstance affecting the property that would be disclosed by a current inspection and accurate and complete land survey of the land 3 Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Property disclosed by plat(s) recorded in Map Cabinet 33, Page 288, Brunswick County Registry (Tract One) 4 Reservation of gas, oil and mineral rights recorded in Book 364, page 413, Brunswick County Registry (Tract One) 5 Rights of others in and to old timber roads crossing the Property (Tract One) 6 Conveyance of Ocean Isle Palms, Section 11 lots included within the boundaries of the Property (Tract One) 7 Any nght, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Property disclosed by plat(s) recorded in Map Cabinet 20, Page 401, Brunswick County Registry (Tract Two) 8 Easements to Brunswick Electric Membership Corporation recorded in Book 205, Page 689, Book 205, Page 691, Book 205, Page 837, Book 205, Page 853, Book 624, Page 696, and Book 534, Page 804, all Brunswick County Registry (Tract Two) 9 Easement to Southern Bell Telephone and Telegraph Company recorded in Book 105, Page 88, Brunswick County Registry (Tract Two) 10 Easements to the North Carolina State Highway Commission recorded in Book 141, Page 580, Book 141, Page 582, and Book 141, Page 597, all Brunswick County Registry (Tract Two) 11 Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Property disclosed by plat(s) recorded in Map Cabinet 34, Page 499, Brunswick County Registry (Tract Three) 12 Easements recorded in Book 663, Page 646, and as shown on plat recorded in Map Cabinet 34, Page 499, both Brunswick Comity Registry (Tract Three) 13 Easements to International Paper Company recorded in Book 339, Page 409, and Book 314, Page 754, both Brunswick County Registry (Tract Three) 14 Rights of Way of streets shown on plat of ` Relaxoland" subdivision recorded in Map Cabinet 8, Page 14, Brunswick County Registry (Tract Three) 15 Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Property disclosed by plat(s) recorded in Map Cabinet 32 Page 276, Brunswick County Registry (Tract Four) 16 Lack of a right of access to and from the Property (Tract Four) 17 Easements to Brunswick Electric Membership Corporation recorded m Book 189, Page 642, and Book A20, Page 430, both Brunswick County Registry (Tract Four) 18 Easement to Southern Bell Telephone and Telegraph Company recorded in Book 105, Page 88, Brunswick County Registry (Tract Five (1) and Tract Six) 19 Easements to the North Carolina State Highway Commmssion recorded in Book 141, Page 580, Book 141, Page 582, and Book 141 Page 597, all Brunswick County Registry (Tract Five (1) and Tract Six) {A0234912 DOCx ) 20 Terms, provisions, options, right of first refusal, covenants, conditions, restrictions, easements, charges, assessments, and liens provided for in mstrument(s) filed for record in Book 485, Page 815, Brunswick County Registry, and any related maps, plans, bylaws and other document(s) and amendment(s), but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law (Tract Five (1) and Tract Six) 21 Easements to Brunswick Electric Membership Corporation recorded in Book 205, Page 689, Book 205, Page 691, Book 205, Page 837, and Book 205, Page 853, all Brunswick County Registry (Tract Five (1) and Tract Six) 22 Easement to Sledge Lumber Company recorded in Book 157, Page 523, Brunswick County Registry (Tract Five (1) and Tract Six) 23 Rights of others in and to the continuous and uninterrupted flow of Jimmy's Branch and ditch bounding or crossing the Property (Tract Five (1) and Tract Six) 24 Master Declaration of Protective Covenants and Easements for Ocean Isle Palms recorded in Book 2383, Page 1333, Brunswick County Registry (Tract Five (1) and Tract Six) 25 Supplement Declaration of Protective Covenants and Easements for Ocean Isle Patens, Phase 1-A recorded in Book 2383, Page 1364, Brunswick County Registry (Tract Five (1) and Tract Six) 26 Supplement Declaration of Protective Covenants and Easements for Ocean Isle Palms, Phase 1-B recorded in Book 2399, Page 503, Brunswick County Registry (Tract Five (1) and Tract Six) 27 Easement recorded in Book 2404, Page 1388, Brunswick County Registry (Tract Five (1) and Tract Six) 28 Termination of Reuse Water Agreement and Amendment to Sewer Service Agreement recorded in Book 2415, Page 637, Brunswick County Registry (Tract Five (1) and Tract Six) 29 Reuse Water Agreement recorded in Book 2415, Page 658, Brunswick County Registry (Tract Five (1) and Tract Six) 30 Supplemental Declaration of Protective Covenants and Easements for Ocean Isle Palms, Phase 2- A recorded in Book 2443, Page 85, Brunswick County Registry (Tract Five (1) and Tract Six) 31 Supplemental Declaration of Protective Conditions and Restrictions for Ocean Ridge Plantation Adding Ocean Isle Palms Phase 2-A as Class "C" Members recorded in Book 2445, Page 761, Brunswick County Registry (Tract Five (1) and Tract Six) 32 Amended and Restated Sewer Service Agreement recorded in Book 2473, Page 426, Brunswick County Registry, amending and restating, superseding and replacing in its entirety that Sewer Service Agreement recorded in Book 2415, Page 642, Brunswick County Registry, as affected by that certain Assignment and Assumption of Lease and Assignment and Assumption of Amended and Restated Sewer Service Agreement recorded in Book 2625, Page 251, Brunswick County Registry, as affected by that certain Agreement Regarding Sewer Services Agreement dated November 16, 2012 and recorded on December 6, 2012 in Book 3344, Page 287, Brunswick County Registry (Tract Five (1) and Tract Six) 33 Supplemental Declaration of Protective Covenants and Easements for Ocean Isle Palms, Phase 2- B recorded in Book 2484, Page 310, Brunswick County Registry (Tract Five (1) and Tract Six) 34 Declaration of Easement recorded in Book 2566, Page 1, Brunswick County Registry (Tract Five (1) and Tract Six) 35 Supplemental Declaration of Protective Covenants and Easements for Ocean Isle Palms, Phase 2- C recorded in Book 2599, Page 1137, Brunswick County Registry (Tract Five (1) and Tract Six) 36 Deed of Easement and Right of Way recorded in Book 2735, Page 170, Brunswick County Registry (Tract Five (1) and Tract Six) 37 Amendment to Supplemental Declaration of Covenants, Conditions and Restnctions for Ocean Isle Palms Phase 1-A Phase 1-B, Please 2-A, Phase 2-B, and Phase 2-C recorded in Book 2804, Page 197, Brunswick County Registry (Tract Five (1) and Tract Six) 1A0234912.DOCx 1 38 Amendment to Declaration of Protective Covenants for Ocean Isle Palms Phase 2-C recorded in Book 2823, Page 1307, Brunswick County Registry (Tract Five (1) and Tract Six) 39 Declaration of Easement recorded in Book 2945, Page 1138, Brunswick County Registry (Tract Five (1) and Tract Six) 40 Declaration of Easement recorded in Book 3047, Page 952, Brunswick County Registry (Tract Five (1) and Tract Six) 41 Special Exceptions recorded in Book 3059, Page 827, Brunswick County Registry (Tract Five (1) and Tract Six) 42 Deed of Dedication to Brunswick County recorded in Book 3103, Page 0001, Brunswick County Registry (Tract five (1) and Tract Six) 43 Affidavit regarding water distribution Imes recorded in Book 3103, Page 0005, Brunswick County Registry (Tract Five (1) and Tract Six) 44 Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variation, or other adverse circumstance disclosed by plat recorded m Map Cabinet 32, Page 276, Map Cabinet 33, Page 288, Map Cabinet 35, pages 51-54, Map Cabinet 35, Pages 166-169, Map Cabinet 35, Pages 170-171, Map Cabinet 35, Page 456, Map Cabinet 35, Page 459, Map Cabinet 36, Page 112, Map Cabinet 36, Page 535, Map Cabinet 37, Page 15, Map Cabinet 39, Page 11, Map Cabinet 45, Page 82, Map Cabinet 52, Page 45, Map Cabinet 60, Page 42-43, Map Cabinet 65, Page 77, all Brunswick County Registry (Tract Five (1) and Tract Six) 45 Any right, easement, setback, interest, claret, encroachment, encumbrance, violation, variations or other adverse circumstance affect the Property disclosed by plat(s) recorded in Map Cabinet 33, Page 16, Brunswick County Registry (Tract Five (2) only) 46 Easements to Brunswick Electric Membership Corporation recorded in Book 534, Page 804, and Book 624, page 696, both Brunswick County Registry (Trace Frve(2) only) 47 Easements in favor of International Paper Company recorded in Book 314, Page 754 and Book 339, Page 409, both Brunswick County Registry (Tract Five(2) only) 48 Outconveyance of 0 117 acre, more or less, including a right-of-way to the Town of Ocean Isle Beach for sewer fines, recorded in Book 624, Page 699, Brunswick County Registry (Tract Five (2) only) 49 Any right, easement setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affect the Property disclosed by plat(s) recorded in Map Cabinet 25, Page 44, and Map Cabinet 33, Page 297, both Brunswick County Registry (Tract 8) 50 Access from the Properties to State Road 1153 known as Ocean Isle Beach Drive (Tract 8) 51 Any right, easement setback, interest, claim, encroachment, encumbrance, violation, variations or other adverse circumstance affecting the Property disclosed by plat(s) recorded in Map Cabinet P, Page 125, Brunswick County Registry (Tract 9) 52 Right of Way and easement agreement recorded in Book 2150, Page 594, and amended in Book 2193, Page 452, both Brunswick County Registry (Tract 9) 53 Temporary and permanent easements taken by the NC DOT as shown m documents recorded in 13 CVS 870, 13 CVS 872, 13 CVS 873, of the Brunswick County Clerk of Superior Court, and Book 3404, Page 1269, Book 3404, Page 1271, and Book 3404, Page 1280, Brunswick County Registry (As to any applicable tracts) {A0274912 DOCX ) EXHIBIT "D" Revrsion 2 5.29-14 Ocean Isle Palms Page I Parcel No Descnoaon 1 22800003 141 60 Acres 2 22800010 16415 Acres 3 2280000402 76 61 Acres 4 2280000407 3 91 Acres 5 2280000408 9877 Acres 6 2280000410 109 35 Acres 7 2280000411 40 95 Acres 8 2280000412 4 12 Acres 9 2280000419 3 77 Acres 10 2280001005 109 61 Acres 11 243CG014 L-14 12 243CG015 L-15 13 243CG021 L-21 14 243CG022 L-22 15 243CG024 Lr24 16 243CG026 L,26 17 243CG027 L27 18 243CG049 L-49 19 243CG050 L..50 20 243CG051 1,151 21 243CG052 L-52 22 243CG055 L-55 23 243CG056 L-56 24 243CG061 L-61 25 243CG086 L-165 26 243CG089 L.168 27 243CG090 1�169 28 243CG103 L-182 29 243CG105 L-184 30 243CG00I OI 4 25 Acres 31 243CG00102 18 Acres 32 243CG00103 159 Acres 33 243CG151 91 Acres 34 243CG152 56Acres 35 243CG153 5 64 Acres 36 243CG154 126 Acres 37 243CGI55 538 Acres 38 243CGI56 42 Acres 39 243CGI57 09 Acres 40 243CG]58 07Acres 41 243CG 159 25 Acres Revision 2 5-29-14 Ocean Isle Palms Page 2 42 243CGI60 18 Acres 43 243CROBI 26Acres 44 243CH082 54 Acres 45 243CH083 45 Acres 46 243CH084 155 Acres 47 243CH085 41 Acres 48 243C1037 L-267 49 243FB021 124 Acres 50 243FB022 17 Acres 51 243FCOOIOI 26 Acres 52 243FC00102 53 Acres 53 243FC00103 50 Acres 54 243FC00104 43 Acres 55 243FC059 L-444 56 243CI068 L-298 57 243CI069 L-299 58 243CI070 L-300 59 243CI071 L-301 60 243CI072 L1302 61 243CI073 L-303 62 243C[074 L-304 63 243CI075 1,305 64 243CT076 L-306 65 243FB00l L-450 66 2431`6002 L-451 67 243FB003 1.452 68 243FB004 L-453 69 243FB005 Lr454 70 243FB006 L475 71 243FBO07 L-476 72 243FBO15 L 484 73 243FBO16 L-485 74 243FB017 L-486 75 243CI033 L-263 76 243CI034 L-264 77 2430035 L-265 78 243CI036 L-266 79 243CI038 L-268 BO 243CI039 L-269 81 243CT040 L.270 82 243CI041 L 271 Revision 2 5-29-14 Ocean Isle Palms Page 3 83 243CI042 L-272 84 243CI043 L-273 85 243CI044 L-274 86 243CI045 L-275 87 243(-1046 Lr276 88 243CI047 L-277 89 243CI048 L-278 90 243CI049 L-279 91 243C1050 L-280 92 243CI051 L-281 93 243CI052 L-282 94 243CI053 L-283 95 243CI054 L-284 96 243CI055 L-285 97 243CI057 Lr287 98 243CI058 L-288 99 2430059 L-289 100 243CI060 L.290 101 243C1063 L-293 102 243CI064 L.-294 103 243CI065 L-295 104 243CIO66 L-296 105 243CI067 L-297 106 243CGI22 1,201 107 243CGI24 Lr203 108 243CH00I Lr84 109 243CH00IOI 13 71 AC 110 243CH002 L-85 III 243CH004 L-87 112 243CH007 11190 113 243CH009 L191 114 243CH009 L-92 115 243CH012 L195 116 243CH046 L.-129 117 243CH017 L-130 118 243CH080 L-163 119 243CI001 L-231 120 243CI00I OI 74 AC 121 243CI00103 15 AC 122 243CI00104 71 AC 123 243C100105 35 Revision 2 5-29-14 Ocean Isle Palms Page 4 124 243CI00106 48 125 243CIO0107 33 126 243CI00108 1 127 243CI002 232 2C 128 243CI003 233 2C 129 243CI004 2342C 130 243CID05 2352C 131 243CI006 236 2C 132 243CIO07 237 2C 133 243Ci008 2382C 134 243CI010 2402C 135 243CIO] 1 2412C 136 2430012 2422C 137 243CI013 243 2C 138 243CI014 2442C 139 243CI015 2452C 140 243CI016 246 2C 141 243CIO17 2472C 142 243CI018 2482C 143 243CI019 2492C 144 243CI020 250 2C 145 243CI021 2512C 146 243CI022 252 2C 147 243CI023 253 2C 148 243CI024 2542C 149 243CI025 255 2C 150 243CI026 256 2C 151 243CIO29 259 2C 152 243CI030 260 2C 153 243CI031 2612C 154 243C1032 262 2C 155 243CH024 107 156 243CH025 108 157 243CH026 109 158 243CH027 110 159 243CH028 III 160 243CH029 112 161 243CH032 115 162 243CH033 116 163 243CI4035 118 164 243CH036 119 Revision 2 5-29-14 Ocean isle Palms Page 5 165 243CH050 133 166 243CH061 144 167 243CH065 148 168 243CH066 149 169 243CH067 150 170 243CH070 153 171 243CH072 155 172 243CI4073 156 173 243CH074 157 174 243CH076 159 175 243FC002 387 176 243FC003 388 177 243FC005 390 178 243FC006 391 179 243FC007 392 180 243FC008 393 181 243FC009 394 182 243FC0IO 395 183 243FCOII 396 184 243FC012 397 185 243FC013 398 186 243FC014 399 187 243FC015 400 188 243FC016 401 199 243FC017 402 190 243FC018 403 191 243FC019 404 192 243FCO20 405 193 243FCO21 406 194 243FCO22 407 195 243FCO23 408 196 243FCO24 409 197 243FCO25 410 198 243FCO26 411 199 243FCO28 413 200 243FCO29 414 201 243FC030 415 202 243FC031 416 203 243FC032 417 204 243FC033 418 205 243FC034 419 Revision 2 5-29-14 Ocean Isle Palms Page 6 206 243FC035 420 207 243FC036 421 208 243FC037 422 209 243FC038 423 210 243FC040 425 211 243FC041 426 212 243FC042 427 213 243FC043 428 214 243FC044 429 215 243FC045 430 216 243FC046 431 217 243FC047 432 218 243FC049 434 219 243FC050 435 220 243FC0SI 436 221 243FC052 437 222 243FC053 438 223 243FC054 439 224 243FCOSS 440 225 243FC056 441 226 243FC057 442 227 243FC058 443 228 243FC060 445 229 243FC061 446 230 243FC062 447 231 243FC063 448 232 243FC064 449 233 243FC065 490 234 243FC066 491 235 2280DO0413 1 AC 236 2440002202 30 34 AC 237 2290000705 53 12 AC NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 16, 2015 Douglass S Talbot Land Development Specialists, Inc P O Box 4937 Pinehurst, NC 28374 Subject 2nd Notice of Inspection - Not Compliant Ocean Isle Palms Phase I State Stormwater Management Permit No SW8 060338 Brunswick County Dear Mr Talbot Donald van der Vaart Secretary On August 28, 2015, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Ocean Isle Palms Phase I, located off Ocean Isle Beach Rd (SR 1184) in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 060338, last modified on May 22, 2009 DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection As indicated in the attached inspection report and per the previous inspection report, the following deficiencies must be resolved 1 Since Drapac Group is now the owner of Ocean Isle Palms, they need to submit a Name/Ownership Change form to get the permit in their name In accordance with Session Law SL 2013-121, if the following criteria have been met, the permit can be transferred See transfer form for additional requirements a The successor -owner of the property has submitted a written request for the transfer of the permit b The original permit holder, Ocean Isle Palms, LLC, was lawfully and finally divested of title to the property on which the permitted activity is occurring c The successor -owner holds title to the property on which the permitted activity is occurring d The successor owner has not proposed any substantial changes to the permitted activity e The updated permit does not impose new or different terms - it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit 2 A partial engineer certification for Pond #12 and #14 was submitted on May, 2009 with a list of clarifications that needs to be addressed Pond #12 is currently under construction, being converted from a sediment basin to a stormwater pond It appears that Pond #14 is currently acting as a temporary sediment basin and it will need to be converted to a stormwater pond in the future Pond #s 12 and 14 will need to be surveyed to determine existing conditions, to calculate sediment removal required, and to develop as -built plans, which are to be submitted after restoration is complete Ultimately, these ponds will need to have vegetation on banks trimmed with the exception of wetland type plants or shrubs We recommend that trees should not be within 10 feet of inlet or outlet pipes, outlet boxes, spillways, or flow spreaders Tree species with water -seeking roots, such as weeping willows and poplars, should be avoided within 50 feet of pipes or manmade structures Evergreen trees are preferred in areas draining to detentions devices Trees should be set back so that branches do not extend over pond Division of Energy, Mineral, and Land Resources Land Quality Section -Wilmington Regional Office 127 Cardinal Dnve Extension, Wilmington, North Carolina 28405 (910) 796-7215 / Fax (910) 350-2004 • Internet http //portal ncdenr org/web/Ir/ r Mr Douglass Talbot September 16 2015 3 Pond #21 is currently under construction and it will have two (2) connected basins The outlet structure has been installed Currently, there are two (2) interconnection pipes installed, however the plan shows a quantity of four (4) 36" diameter pipes at an invert elevation of 6 0 feet on the inlet side Please advise if plans need to be changed to adjust these interconnection pipes 4 Work to be completed on amenity pond #22 will include installation of an outlet structure and piping Also, the erosion issues will be addressed upon construction of road 5 Dirt and debris need to be removed from all roads and drop inlets Inlet grates need to be repaired and/or replaced as necessary 6 All erosion issues will need to be repaired 7 Please note that a Plan Revision is required in order to change any stormwater piping or other stormwater control measures (SCM), and roads, lots, etc An increase in built -upon area (BUA) will require a modification to the permit Please inform this Office in writing before October 16, 2015, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day If a written plan of action is not submitted to this office by October 16, 2015, then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed If the property covered by this permit has been/will be sold or legally conveyed to another entity or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes These forms are available on our website at http /!portal ncdenr orq/web/Ir/state-stormwater-forms does If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7334 or via email at steven pusey@ncdenr gov Sincerely, Steven G Pusey Environmental Engineer Eric Compliance Inspection Report OPGDS\sgp \\\Stormwater\Permits & Projects\2006\060338 HD\2015 09 CEI_defcient 060338 cc Allen Lewis, East Coast Engineering & Surveying Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 i Compliance Inspection Report Permit SW8060338 Effective 05/22/09 Protect Ocean Isle Palms Phase I Owner Ocean Isle Palms LLC County Brunswick Region Wilmington Contact Person Sheldon Tucker Directions to Project Expiration 11/29/21 Type of Project State Stormwater - HD - Detention Pond Drain Areas 12 (Jinnys Branch) (03 07 59) ( C Sw) 14 (Jinnys Branch) (03 07-59) ( C Sw) 21 - (Jinnys Branch) (03 07-59 ) ( C Sw) On -Site Representative(s) Adress 1338 Ocean Isle Beach Rd City/State/Zip Ocean Isl Bch NC 28469 Title Manager Phone 910-846-1000 Related Permits SW8060758 MAS Properties LLC Ocean Isle Palms Phase 2 Inspection Date 08/28/2015 Entry Time 02 OOPM Primary Inspector Steven G Pusey Secondary Inspector(s) Reason for Inspection Follow-up Permit Inspection Type Stale Stormwater Facility Status ❑ Compliant ® Not Compliant Question Areas ® State Stormwater (See attachment summary) Exit Time 03 OOPM Phone Inspection Type Transfer Renewal s page 1 permit SW8060338 Owner Protect Ocean Isle Palms LLC Inspection Date 08/28/2015 Inspection Type Transfer Renewal Reason for Visit I l Follow up Inspection Summary See details below File Review Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineers certification is in the file? ❑ a[][--] Signed copy of the Operation & Maintenance Agreement is in the file? ® ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment A partial engineer certification has been submitted for Pond #12 and #14 Ponds are incomplete at this time Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ®❑ ❑ Is the drainage area as per the permit and approved plans ® ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ® ❑ ❑ ❑ Comment Only a few houses are built and new roads are being constructed at present SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ■ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment Pond #12 is currently under construction It is being converted from a sediment basin to a stormwater pond Pond #21 is currently under construction and it will have 2 connected basins The outlet structure is being installed and the basin is being duo out for the second basin Two (2) pipes have been installed between the 2 basins for interconnection The plan shows agtv of 4 - 36 pipes at an invert elevation of 6 0 feet on the inlet side Pond #14 is currently acting as a temporary sediment basin It will need to be converted to a stormwater pond in the future Amenity ponds #22 is not completed at this time Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment Ponds are under construction at this time page 2 Pusey, Steven From Pusey, Steven Sent Wednesday, September 16, 2015 11 36 AM To Doug Talbot(dougtalbot@landdevelopmentspecialists com) Cc Buck Altschul (Buck@drapacgroup com), Scott, Georgette (georgette scoff@ncdenr gov) Subject Ocean Isle Palms Phase 1 Importance High Tracking Recipient Read Doug Talbot (dougtalbot@lariddevelopmentspecialists corn) Buck Altschul (Buck@drapacgroup com) Scott Georgette (georgette scott@ncdenr gov) Scott, Georgette Read 9/16/201512 52 PM Doug, I am sending out my 2nd notice of inspection today for Ocean Isle Palms Phase 1 In this report, as in the previous one, we are requesting that the permit ownership be changed to Drapac Group I also sent a previous email on August 31 about the required Name/Ownership change Per discussion with my Supervisor, Georgette Scott, it is imperative that this ownership change happen immediately Otherwise, we may need to shut the project down Please advise when you will be able to get the signed, notarized Name/Ownership Change form to us Thanks, Steve crfa . 47. pu&a . Environmental Engineer Land Quality Section Wilmington Regional Office NC DENR, Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext Wilmington, NC 28406 Phone 910-796-7534 Fax 910-s6o-2oo4 Website www ncdenr gov E-Mail Steven puseyAnc denr gov Mah `-� Before pnnhng this email, please consider your budget and the environment Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation I ,1- , -Al" ,_ ✓ i 11" f rl r f 7 C DT f:' i 1• u w I u-) 'i i ,lul lift ,I,fr rr �fl lL -111, r1 cz:z Ta: w C �sW-X'-i1 S,SI4UKP' I l l,,r t "I "'J,1 , • u I If' "Irl , r , 1r 11-,,111,11GY�,41e� , 1 14 L,- to I'. I! ^t2,�•(y n , j(j16LP.",�C, "`C 7J.ai, I IF At( j`) 11I 1I jl,t h1O1aCt'Ir Ufl WJA,26 PnI1Cl, "Ir, Av(I ^c Srj- fo R,„r .. 'j'- Ft, r r m ,•,A ,h: ,.(,'r"," It, ;).' •" I , f. j f,._fI a, ,q rr1, I�i, l'1 r'h, 1 Ai ,R ,m, e i,,,-j ou `a'S£rrf ?j iporr stir, r flf' lr ,l o ' Jl w'f"wJ j >11 h 1191L2- s, n I ✓^ -L- . , r�.-7 ,I ' r`f,, , ..� f i�1 r , , �r n I n1 , C prh , fjV?-vill,�'Ofir w, 4UCrf9 r�11l)"jfi{I C'�liyati.l,,I6 bolltip �iJ9�-j 1till'IEI r1.(9��'I flit L or, t, r ,ull•f t't@ ' r, 7sc0.rn �c 1=ll L. ol,b 1 v14 't O'ciftfui'r L,nl, �rcrsct ,D' P b dI_ 1;,1L 7 ^t ©r cfl -'I " I^, ,f?r4 pL:gl 9''5CY31u b C+„ ,,' ^_'r (?i3Oi%larr, i'j-ru Vic 16 2" (!CC IF 1^IJ d^r 1 _rt LOO-1 L90 I ,-, v-r 't, , s, e6n; it; 6,71:rrL1 A ^hi> I,p i !8 i l c d 1 'C Wtfl _ ^1 L, Pusey, Steven From Pusey, Steven Sent Monday, August 31, 2015 4 18 PM To 'Doug Talbot' Cc Buck Altschul (Buck@drapacgroup com) Subject RE Ocean Isle Palms Phase 1 & 2 Attachments SSW-Name-Owner-Change-20120924-DWQ-SPU pdf Doug, Since Drapac Group is now the owner of the property of Ocean Isle Palms, they need to submit a Name/Ownership Change form to get the permit in their name In accordance with Session Law SL 2013-121, if the following criteria have been met, the permit can be transferred to Drapac 1 The successor -owner of the property has submitted a written request for the transfer of the permit 2 The original permit holder, Ocean Isle Palms, LLC, was lawfully and finally divested of title to the property on which the permitted activity is occurring 3 The successor -owner holds title to the property on which the permitted activity is occurring 4 The successor owner has not proposed any substantial changes to the permitted activity 5 The updated permit does not impose new or different terms — it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit Please have them fill out and return the attached permit transfer form Let me know if you have any questions Regards, Steven G Pusey Environmental Engineer Land Quality Section Wilmington Regional Office NC DENR, Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext Wilmington, NC 28405 Phone 910-796-7334 Fax 910-350-2004 Website www ncdenr gov E-Mail steven pusey@ncdenr gov Before printing this email, please consider your budget and the environment Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation ---Original Message ---- From Doug Talbot [mailto dougtalbot@landdevelopmentspeaalists com] Sent Monday, March 23, 2015 4 24 PM ..ec1.i:..aer_^axa , =..m -.`--sxcwwnvs•.�e�a t=tee•-+�c_.. xuuc an.rc+�x-:�_-sv^ra z+�-_aersx:c �c+'r ,c.rr �rs>sr..�a. ...s _er�.a.a ,' a „i' I J lot if. 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' ` 1' i W 'L.'<JShyt, I. 131U 10 > t„_,. 11�1111O d n 'I194.ftL'j ,'„ e''J: Ill r`'' ILA L)Nll, i IO�IIGI ��'t«' f 16J1-1 n I J6l.a ,1 r LFMA NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 20, 2015 Douglass S Talbot Land Development Specialists, Inc P O Box 4937 Pmehurst, NC 28374 Subject Notice of Inspection - Not Compliant Ocean Isle Palms Phase I State Stormwater Management Permit No SW8 060338 Brunswick County Dear Mr Talbot Donald van der Vaart Secretary On March 19, 2015, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Ocean Isle Palms Phase I, located off Ocean Isle Beach Rd (SR 1184) in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 060338, last modified on May 22, 2009 DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection As indicated in the attached inspection report, the following deficiencies must be resolved 1 The partial engineer certification of May, 2009 and its attached list of clarifications need to be addressed 2 Dirt and debris need to be removed from roads and drop inlets Inlet grates need to be repaired or replaced as necessary 3 Permit must be transferred to new owner and new O&M Agreement signed 4 All erosion issues need repair 5 Pond #s 12 and 14 to be surveyed to determine existing condition and to determine how much sediment needs to be removed Ponds to be restored to design condition 6 As -built plans of pond #s 12 & 14 should be submitted after restoration is complete 7 Work to be completed on amenity pond #22 to include installation of an outlet structure and piping Erosion issues will be addressed upon construction of road Pond #s 12 and 14 need to have banks trimmed of vegetation with the exception of wetland type plants or shrubs We recommend that trees should not be within 10 feet of inlet or outlet pipes, outlet boxes, spillways, or flow spreaders Tree species with water -seeking roots, such as weeping willows and poplars, should be avoided within 50 feet of pipes or manmade stmctures Evergreen trees are preferred in areas draining to detentions devices Trees should be set back so that branches do not extend over pond Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796 72151 Fax (910) 350-2004 I Mr Douglass S Talbot March 20, 2015 A Plan Revision is required in order to change any stormwater piping or other stormwater control measures (SCM), and roads, lots, etc An increase in built -upon area (BUA) will require a modification to the permit Please inform this Office in writing before April 20, 2015, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day If a written plan of action is not submitted to this office by April 20, 2015, then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed If the property covered by this permit has been/will be sold or legally conveyed to another entity or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permrttee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes These forms are available on our websde at http //portal ncdenr orplweb/Ir/state-stormwater-forms does If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796- 7334 or via email at steven pusey@ncdenr gov Sincerely, '4 i°1;" Steven G Posey Environmental Engineer Eric Compliance Inspection Report �GDS\sgp \\\Stormwater\Permds & Projects\2006\060338 HD\2015 CEI_deficient 060338 cc Allen Lewis, East Coast Engineermg & Surveying Georgette Scott, Wilmington Regional Office Stormwater Supervisor WIRO Stormwater File Page 2 of 2 4 Compliance Inspection Report Permit SW8060338 Effective 05/22/09 Expiration 11/29/21 Project Ocean Isle Palms Phase I Owner Ocean Isle Palms LLC County Brunswick Adress 1338 Ocean Isle Beach Rd Region Wilmington Contact Person Sheldon Tucker Directions to Project Type of Project State Stormwater HD - Detention Pond Drain Areas 12 (Jinnys Branch) (03 07-59 ) ( C Sw) 14 (Jmnys Branch) (03 07-59 ) ( C Sw) 21 - (Jmnys Branch) (03 07-59) (C Sw) On -Site Representatives) Cdy/State/Zip Ocean al Bch NC 28469 Title Manager Phone 910 846 1000 Related Permits SW8060758 MAS Properties LLC Ocean Isle Palms Phase 2 Inspection Date 03/19/2015 Entry Time 11 OOAM Primary Inspector Steven G Pusey Secondary Inspector(s) Reason for Inspection Other Permit Inspection Type State Stormwater Facility Status ❑ Compliant Not Compliant Question Areas N State Stormwater (See attachment summary) Exit Time 03 OOPM Phone Inspection Type Transfer Renewal page 1 } Permit SW8060338 Owner Project Ocean Isle Palms LLC Inspection Data 0311912015 Inspection Type Transfer Renewal Reasonfor Visit Other Inspection Summary Contractor and engineer will ensure that all items on previous engineer certification dated May 2009 including the attached checklists have been addressed before final engineer certification Also it was noticed that a lot of dirt and yard debris was on the paved roads This debris will need to be cleaned up In addition the drop Inlets in the roads should be checked for clogs or excessive debris and Leaned out Many new drop Inlet grates will have to be added because previous ones were stolen In addition see further details below page 2 a Permit SW8060338 Omer protect Ocean Isle Palms LLC Inspection Date 03119/2015 Inspection Type Transfer Renewal Reason for Visit Other File ReyIOW Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineers certification is in the file? ® ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? M ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑ Comment Partial certification received More work needs to be done to bring slormwater system into compliance Protect needs to be transferred to new owner and new O&M Agreement needs to be signed Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Yes No NA NE ❑ ®❑❑ Is the BUA (as permitted) graded such that the runoff drains to the system? M 110 ❑ Comment Only a few houses are built and about half of the roads are constructed Some of the dirt roads have severe erosion that needs to be repaired before paving SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Yes No NA NE ❑■CIE] LIUMIUM-UM] Comment The ponds on this protect that are built at this time are Pond #12 and Pond #14 These ponds will need to be surveyed to determine how much sediment needs to be removed and what work needs to be done to grade them in accordance vath the plans Once repaired, an as -built drawing of the ponds will need to be submitted to veifv they are built correctly Pond # 21 will be constructed at a future date before BUA is added in this drainage area The amenity pond #22 needs to be completed with outlet structure and piping Erosion on west side of this pond near dirt road voll be repaired upon completion of the road It is not clear on the plans where the outlet of this pond will be located Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment Pond banks need to be trimmed of vegetation with the exception of wetland type plants or shrubs Be sure that the landscape plan Includes a calculation of the square footage of shelf area and the minimum number of wetlands plants - 50 for every 200 square feet of shelf area Trees should not be within 10 feet of inlet or outlet pipes outlet boxes, spillways or Flow spreaders Tree species with water -seeking roots such as weeping willows and poplars should be avoided vnthin 50 feet of pipes or manmade structures Evergreen trees which produce relatively little leaf fall are preferred in areas draining to detention devices Trees should be set back so that branches do not extend over the permanent pool Other Permit Conditions Is the site compliant ?nth other conditions of the permit? Yes No NA NE ❑ Cl 1111 page 3 r Permit SW8060338 Owner Project Ocean Isle Palms LLC Inspection Date 03/192015 Inspection Type Transfer Renewal Reason for Visit Other Comment A Plan Revision is required in order to change any stormwater piping or other modification to stormwater control measures (SCM) or roads, lots. etc An Increase in built -upon area will require a modification to the permit page 4 �r ryQ LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY 01P NC LLC REPORT FOR THE YEAR 2015 SECRE I ARY OF STATE L L C ID NUMBER 1393497 NATURE OF BUSINESS Real Estate Ownership REGISTERED AGENT eResidentAgent Inc REGISTERED OFFICE MAILING ADDRESS 120 Penmarc Drive Suite 118 Raleigh NC 27603-2400 E-Filed Annual Report 10588374 Do not data enter manually STATE OF INCORPORATION DE REGISTERED OFFICE STREET ADDRESS 120 Penmarc Drive Suite 118 Raleigh NC 27603-2400 Wake Countv PRINCIPAL OFFICE TELEPHONE NUMBER (626) 393-4762 PRINCIPAL OFFICE MAILING ADDRESS PRINCIPAL OFFICE STREET ADDRESS Company Officials 4123 Lankershim Boulevard - Nordi Hollywood CA 91602-2828 1123 Zonolue Road NE Suite 30 Atlanta GA 30306-2016 Name Michael Drapac Name Sebastian Drapac Name Costa Alexiou Title Manager Title Manager Title Manager Address Address Address 1123 Zonohte Road NE Suite 30 1123 Zonolue Road NE Suite 30 1123 Zonohte Road NE Suite 30 Atlanta GA 30306 Atlanta GA 30306 Atlanta GA 30306 CERTIFICATION OF ANNUAL. REPORT MUST BE COMPLE7 ED BY ALL LIMITED LIABILITY COMPANIES Michael Drapac FORM MUST BE SIGNED BY A MANAGER/MEMBER Michael Drapac 3/15/2015 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE E Paid MAIL TO Secretary of State Corporations Division Post Office Box 29525 Raleigh NC 27626 0525 oEP^a>ury, E-Filed Annual Report p LIMITED LIABILITY COMPANY 8704679 e ANNUAL REPORT Do not data enter manually NAME OF LIMITED LIABILITY COMPANY Ocean Isle Palms LLC REPORT FOR THE YEAR 2014 STATE OF INCORPORATION NC SECRETARY OF STATE L L C ID NUMBER 0817314 NATURE OF BUSINESS Real Estate REGISTEREDAGENT Saunders MaIAA REGISI EKED OFFICE MAILING ADDRESS 131 Ocean Blvd West Holden Beach NC 28462-5024 REGISTERED OFFICE STREET ADDRESS 131 Ocean Blvd West Holden Beach NC 28462-5024 Brunswic4 County , PRINCIPAL OFFICE TELEPHONE NUMBER (910) 842-4939 PRINCIPAL OFFICE MAILING ADDRESS 131 Ocean Blvd West Holden Beach NC 28462-5024 PRINCIPAL OFFICE STREEI ADDRESS 131 Ocean Blvd West Holden Beach NC 28462-5024 Company Officials Name MarkA Saunders Name Carroll MLipscombe Name Sheldon Tucker Title Manager Title Manager Title Manager Addi ess Address Address 131 Ocean Blvd W 131 Ocean BA W 131 Ocean Blvd W Holden Beach NC 28462 Holden Beach NC 28462 Holden Beach NC 28462 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Mark A Saunders 10/6/2014 FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE Mark A Saunders Manager FIFE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE E Paid MAIL TO Secretary of State Corporations Division Post Office Box 29525 Raleigh NC 27626 0525 Casmer, Jo From Casmer, Jo Sent Wednesday, May 07, 2014 11 41 AM To 'Sabrina Babson' Subject Ocean Isle Palms Permits Attachments Ocean Isle Palms Phase 1 pdf, Ocean Isle Palms Phase 2 pdf Sabrina I'm only sending the two permits The third project I mentioned, Ocean Isle Palms Berm, was never permitted When I looked closer at the file, we had initially sent a letter (assigning a permit number) requesting that a Stormwater Application be submitted for this, additional clarification was received thereafter and we determined there was no proposed BUA so we internally "withdrew" the application (permit number) and closed our file fo Casmer Administrative Assistant IV NC Department of Environment & Natural Resources Division of Environmental Assistance & Customer Service 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7336 Fax (910) 350-2004 Email correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disdosed to third parties Cox, David From Cox, David Sent Wednesday, December 04, 2013 2 07 PM To Doug Talbot Cc Scott, Georgette Subject RE Ocean Isle Palms Attachments 2013 11 cei_bims 060338 pelf Doug, I cannot explain why this inspection report is 28 pages It is a first Bottom line is, complete the project and complete the certification The permitteee had Cape Fear Engineering to do a partial certification on phase 1, the phase 2 is a clear and grade David Cox From Doug Talbot [mailto dougtalbot(a)landdeveloomentsoecialists com] Sent Friday, November 22, 2013 4 18 PM To Cox, David Subject Re Ocean Isle Palms Thanks David Look forward to discussing with you next week Doug Land Development Specialists, Inc P O Box 4937 Pmehurst, NC 28374 910-639-3218 Sent from my Whone On Nov 22, 2013, at 3 55 PM, "Cox, David" <david w coxnncdear sov> wrote Doug, It looks like the only file issue is that phase 1 needs certification Phase 2 is a clear and grade that can be combined with phase 1 or you can submit a new permit application I did not find any erosion control issues For stormwater my comments would only require P E cert and clean up the ponds before turning it over to the HOA It is about in the status of most of the foreclosed properties we have discussed, if you take the permit, this office work with the permittee to get it in compliance I will send you my reports next week David Cox From Doug Talbot [mailto dougtalbotCallanddevelopmentspenalists com] Sent Friday, November 15, 2013 3 01 PM To Cox, David Cc Gary Lattie Sublect Ocean Isle Palms David, As per our discussion regarding OIP please provide a status update for State Stormwater and Erosion Control at your earliest convenience Thank you for your assistance with this Doug Douglass S Talbot Land Development Specialists, Inc Post Office Box 4937 Pmehurst, NC 28374 910-639-3218