HomeMy WebLinkAboutSW8070138_HISTORICAL FILE_20121221STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8
_ U�8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 2 ► 2 2l
YYYYMMDD
A.�
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
December 21, 2012
Mr Charles A Paul, III, Manager and CEO
Bald Head Island Limited, LLC
PO Box 3069
Bald Head Island, NC 28461
Division of Water Quality
Charles Wakild, P E
Director
Subject Stormwater Permit No SW8 070138
Name/Ownership Change and Permit Extension
Stevens Park Phase
High Density Wet Pond Project
Brunswick County
Dear Mr Paul
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406 This law impacts any development approval issued
by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at
any point between January 1, 2008, and December 31, 2010 The law extends the effective period of any stormwater
permit that was set to expire during this time frame up to three (3) years from its current expiration date On August
2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4)
years
On December 11, 2012, the Division of Water Quality (DWQ) received a Name/Ownership Change Form from Cape
Fear Trading Group IV, LLC A file review and site inspection was performed on December 20, 2012 by DWQ and as
noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current
state stormwater permit The Division is hereby notifying you that permit SW8 070138 has been transferred on
December 21, 2012, and shall be effective until March 27, 2021, which Includes the extensions For your records,
please find enclosed a copy of the permit, a copy of the inspection report, and a copy of the Name/Ownership
Change form submitted on December 11, 2012
This permit is subject to the conditions and limitations as specified in the permit Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to
establish an adequate system for operation and maintenance of the stormwater management system, to record deed
restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition
must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty
(30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing
fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www NCOAH corn Unless such demands are made this permit
shall be final and binding
If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with
the Division of Water Quality in the Wilmington Regional Office at (910) 796-7215
Wilmington Regional Office
127 Cardinal Dnve Extension, Wilmington North Carolina 28405
Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1-877-623-6748
Internet vnnv ncwaterquality org
NorthCarohna
Naturally
An Fnual nmmrfiunN\ AtfirmaLvr Arrion Fmnlov>r
Sincerely, (�
for Charles Wakdd, P E , Director
Division of Water Quality
GDSlkpl S \WQS\Stonnwater\Penmits & Prolects120071070138 HD1201212 permit 070138
cc Rodney Hyson, Cape Fear Trading Group IV, LLC
Wilmington Regional Office Stormwater File
Page 2 of 2
State Stormwater Management Systems
Permit No SW8 070138
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Bald Head Island Limited, LLC
Stevens Park Phase I
Brunswick County
FOR THE
construction, operation and maintenance of four wet detention pond in compliance with the provisions of 15A NCAC
2H 1000, effective September 1, 1995 (hereafter referred to as the "stormwater rulesl and the approved stormwater
management plans and specifications and other supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit
This permit shall be effective from the date of issuance until March 27, 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 154 lots, each allowed a maximum of
3,750 square feet of built -upon area
Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit
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 lot within the subdivision whose ownership is not retained by the permittee, must submit a separate
Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a
permit prior to any construction on the lot
Page 3 of 10
State Stormwater Management Systems
Permit No SW8 070138
6 The following design elements have been permitted for this wet detention pond stonmwater facility, and must
be provided in the system at all times
Pond 1
Pond 2
Pond 3
Pond 4
a Drainage Area, acres
5291
1992
1127
2083
Onsite, ftz
2,304,876
867,642
490,978
907,555
Offsite, ftz
None
None
None
None
b Total Impervious Surfaces, ftz
777,927
288,310
146,480
376,444
Buildings/Lots, ftz
322,500
86,250
52,500
116,250
Roads/Parking, ftz
352,227
74,060
80,200
53,744
Sidewalks, ftz
71,400
23,000
12,180
9,850
Pump Station, ftz
1,600
0
1,600
1,600
Clubhouse, ftz
7,200
0
0
0
Indoor Pool, ft2
23,000
0
0
0
Future Phase II, ftz
0
105,000
0
195,000
c Pond Depth, feet
4
4
5
5
d TSS removal efficiency
90%
90%
90%
90
e Design Storm, inches
1
1
1
1
f Permanent Pool Elevation, FMSL
140
1800
1600
12
g Permitted Surface Area @ PP, ftz
91,349
25,726
10,949
22,936
h Permitted Storage Volume, f13
232,217
70,468
24,836
72,467
1 Temporary Storage Elevation, FMSL
1638
205
180
1475
I Controlling Onfice
Y"
2"�
1 5-�
2"�
k Permanent Pool Volume, f13
284,868
73,013
25,938
67,107
1 Forebay Volume, ft3
55,834
14,833
5,243
13,119
m Maximum Fountain Horsepower
1
1/4
1/8
1/4
n Receiving Stream
Cottage Creek
o River Basin
Cape Fear
p Stream Index Number 18-88-9-4
q Classification of Water Body Sc, Sw
11 SCHEDULE OF COMPLIANCE
1 No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown
on the approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division
Page 4 of 10
State Stormwater Management Systems
Permit No SW8 070138
The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed
the maximum allowed by this permit Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner
If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit
the plans reviewed must include all proposed built -upon area Any approvals given by the Board do not
relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit
The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any modification to the approved plans, including, but not limited
to, those listed below
a Any revision to the approved plans, regardless of size
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area
e Further subdivision, acquisition, or sale of all or part of the project area The project area is defined
as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval
or a CAMA Major permit was sought
If Filling in, altering, or piping of any vegetative conveyance shown on the approved plan
The Director may determine that other revisions to the project should require a modification to the permit
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
7 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 perms tee 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
8 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
9 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately
10 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
11 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 pnor to occupancy of the facility
12 Permanent seeding requirements for the stormwater control must follow the guidelines established in the
North Carolina Erosion and Sediment Control Planning and Design Manual
13 The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at optimum efficiency The approved Operation
and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and re -vegetation of side slopes
d Immediate repair of eroded areas
Page 5 of 10
State Stormwater Management Systems
Permit No SW8 070138
Maintenance of side slopes in accordance with approved plans and specifications
Debris removal and unclogging of structures, onfice, catch basins and piping
Access to all components of the system must be available at all times
14 Records of maintenance activities must be kept and made available upon request to authorized personnel of
DWQ The records will indicate the date, activity, name of person performing the work and what actions
were taken
15 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 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 070138, as issued by the Division of Water Quality under NCAC
2H 1000
b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit
c These covenants are to run with the land and be binding on all persons and parties claiming under
them
d The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality
e Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality
f The maximum built -upon area per lot is 3,750 square feet This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools
g Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable
built -upon area due to CAMA regulations
h All runoff on the lot must drain into the permitted system This may be accomplished through
providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street Lots that will naturally dram
into the system are not required to provide these measures
i Built -upon area in excess of the permitted amount will require a permit modification
I Each lot within the subdivision whose ownership is not retained by the permrttee, must submit a
separate Offsrte Stormwater Management Permit application package to the Division of Water
Quality and receive a permit pnor to any construction on the lot
17 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
18 Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel The facility must
be in compliance with all permit conditions Any items not in compliance must be repaired or replaced to
design condition prior to the transfer Records of maintenance activities performed to date will be required
19 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following
criteria
The fountain must draw its water from less than 2' below the permanent pool surface
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
The falling water from the fountain must be centered in the pond, away from the shoreline
The maximum horsepower for the fountain's pump is based on the permanent pool volume The
maximum pump power for the four fountain associated with this project are as follows
Page 6 of 10
State Stormwater Management Systems
Permit No SW8 070138
Decorative Spray Fountains
Pond #
Maximum Pump Horsepower
Pond A
1
Pond B
1/4
Pond C
1/8
Pond D
1/4
20 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
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 "Name/Ownership Change Form" must be submitted to the Division of Water Quality
accompanied by appropriate documentation from the parties involved This may include, but is not limited to,
a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and
Maintenance plan The project must be in good standing with DWQ The approval of this request will be
considered on its ments and may or may not be approved
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
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-
215 6A to 143-215 6C
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
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management systems
The permit maybe modified, revoked and reissued or terminated for cause The filing of a request fora
permit modificabon, revocation and re -issuance or termination does not stay any permit condition
Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during normal business hours
The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days
A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction
10 If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement
conditions
11 The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date
of this permit The renewal request must include the applicable documentation and the processing fee
Page 7 of 10
State Stormwater Management Systems
Permit No SW8 070138
Permit issued this the 215t day of December 2012
NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S
or Charles W I ild, P E , Director
Division of W er Quality
By Authonty of the Environmental Management Commission
Permit Number SW8 070138
Page 8 of 10
State Stormwater Management Systems
Permit No SW8 070138
Stevens Park- Phase I
Stormwater Permit No SW8 070138
Brunswick Countv
Designer's Certification
Page 1 of 2
I, , as a duly registered in the State of North Carolina,
having been authorized to observe (penodically/weekly/full time) the construction of the project,
(Project)
for
Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications
The checklist of items on page 2 of this form is a part of this Certification
Noted deviations from approved plans and specifications
Signature
Registration Number
Date
SEAL
Page 9 of 10
State Stormwater Management Systems
Permit No SW8 070138
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 31
10 The inlets are located per the approved plans and do not cause short-circuiting of the system
_11 The permitted amounts of surface area and/or volume have been provided
_12 Required drawdown devices are correctly sized per the approved plans
13 All required design depths are provided
_14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the
vegetated filter
15 The required dimensions of the system are provided, per the approved plan
cc NCDENR-DWQ Regional Office
Brunswick County Building Inspections
Page 10 of 10
t,
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 SL-3 g (!217 p 13 8
2 Project Name
3 Current Permit Holder's Company Name/Organization Cafe GT
4 Signing Official's Name Title
5 Mailing Address 2p -� i Epp Lns6�� ,,�
City l '" 4" 1 s `J State -Pe- Zip 2 gq4 I
6 Phone 8t ") a'? Ci (3 a 3 Fax (9 1 0) k.{-k 04l 7
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)
❑ N me change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1,
❑ Mailing address / phone number change (Please complete Item 4 below)
❑ Other (please explain)
2, 3, and 4 below)
1 Proposed permittee's company name/organization k L q.&aj �„Cw,t;� LCC,
2 Proposed permittee's signing official's name G'�\,!!eS /�• �a.��
3 Proposed permittee's title
4 Mailing Address 2,OCA
City �&A State _ ) Zip ZS`k6k
Phone Ak c ) tl S'1-'S-00(2? Fax (q%O) N Z-Z - '1 ZZo
5 New Project Name to be placed on permit �NVA x ioJ k - n.ce Z C, Q:, C v
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)
AThe 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) 11FCEIVE
�� DEC 1 1 2012 �
SSW N/O Change Rev24Sept2012 Page 1 of 4 BY
''
III REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal Failure to provide the
listed items may result in processing delays or denial of the transfer
1 This completed and signed form This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership
2 Legal documentation of the property transfer to a new owner
3 A copy of any recorded deed restrictions, covenants, or easements, if required by the permit
4 The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each 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
L4 %heck here if current permittee is transferring the property to a new owner and will not retain
owner h of the ermit
I, �1 the current permittee, am submitting this application
fora ransfe f owne ip for permit # Sw R o'12j38 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 name ections II and V of this form I understand that this transfer of
ownership cannot be roved y the DWQ unless and until the facility is incompliance with the
permit
Signature `I / Date I1!% — iz
I, C- ��,-&Me .6y--4 a Notary Public for the State of
County of ,t}P „Am AI, j( do hereby certify that
P4rdiVf% r 4t 5r personally appeared before p�e„I4r the
61 .rw
day of yid,! 20_La.,, and acknowledge
forgoing instrument Witness my hand and official seal,
Notary Signature
1
SSW N/O Change Rev24Sept2012 Page 2 of 45V
yBU�'ez�of the
N*PyT> cP
AGBLIC 23a°
co%Xo+%
c N
IF
V. PROPOSED PERMITTEE CERTIFICATION. (This section must be completed by the
Proposed Permittee for all transfers of ownership)
hereby UM -at L1�
I, Ct1ALs� A P"L Fo✓L Y�1tD lip' 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 14 (A
❑ any recorded deed restrictions, covenants, or easements alA
the DWQ approved plans and/or approved as -built plans
❑ the approved operation and maintenance agreement t41A
epast maintenance records from the previous permittee (where required) NSA
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer /1l�ff
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 incta!,,s thapplication package will be returned as incomplete
PAtiU H5�1�� 15th� Lue,
Signature (nrll_.�4�lRL+uA_ Date 11•L-V1.
1, L. rLati e- 6ratfiS a Notary Public for the State of
Np e�Ai,'VLAOA1 , County of , do hereby certify that
CkA.ajc�t, 4 Pa i, I rrL personally appeared before me this the
S N\\N\IId\d\4y
'f `76- day of pr_e -?-,be,e, 20 12- and ackn execution of the
forgoing
instrument Witness my hand and official seal,
-C U cel�ux� ispG(NoL1) 2
Notary Signature ay ill
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 appropnate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document Both the lessee / developer and the property
owner will appear on the permit as permittees
SSW N/O Change Rev24Sept2012 Page 3 of 4
f
1
,
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permfttee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form
Printed Name
Organization
Title within the Organization
Street Address
City
Mailing Address
City
Phone
Email
State
(if different from street address)
State
Fax
Zip
Zip
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in' Sections II and V to develop and/or, lease the property A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permlttee along with the lessee/developer and I Will therefore share responsibility for
compliance with the DWQ Stormwater permit As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215 1, and_may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-216 6
Signature of the property owner
M
day of
Date
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
20, and acknowledge the due execution of the
forgoing instrument Witness my hand and official seal,
Notary Signature
(Notary Seal)
P4D�j"V
°EC 11
f3Y_
SSW N/O Change Rev24Sept2012 Page 4 of 4
Compliance Inspection Report
Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC
Project Stevens Park Phase
County Brunswick 06 Miles W Along NCSR 1209 W 9th St
Region Wilmington
Southport NC 28461
Contact Person Rodney J Hyson Title Phone 910-457-1702
Directions to Project
From Rrver Rd SE (133 South), turn left on Southport Supply Rd SE (U S Highway 211), which turns into N Howe St Turn right on
West 9th Street (NCSR 1209) The protect is located 0 6 miles west along NCSR 1209 from intersection of US hwy 211
Type of Project State Stormwater - HD - Detention Pond
Dram Areas
On -Site Representative(s)
Related Permits
Inspection Date 12/20/2012 Entry Time 09 00 AM
Primary Inspector Kelly Johnson
Secondary Inspector(s)
Reason for Inspection Routine
Permit Inspection Type State Stormwater
Facility Status ■ Compliant O Not Compliant
Question Areas
0 State Stormwater
(See attachment summary)
Exit Time 0915 AM
Phone 910-796-7331
Inspection Type Transfer Renewal
Page 1
I
Permit SW8070138 Owner • Project Cape Fear Trading Group IV LLC
Inspection Date 12120/2012 Inspection Type Transfer Renewal
Reason for Visit
Routine
Inspection Summary
File Review
Yes
No
NA
NE
Is the permit active?
■
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
❑
❑
■
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
❑
❑
■
❑
Comment Project has not been built
Built Upon Area
Yes
No
NA
NE
Is the site BUA constructed as per the permit and approval plans?
Cl
❑
■
❑
Is the drainage area as per the permit and approved plans?
Cl
Cl
■
❑
Is the BUA (as permitted) graded such that the runoff drains to the system?
❑
❑
■
❑
Comment Project has not been built
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 Project has not been built
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 Project has not been built
Page 2
C �ompl eness Review Checklist
Protect Name e--4 KL; �� £ I Received Date
Project Location 1�t�roS.„�c� Accepted Date
1\nEc, aol a
u
IRule(s) 1:12008 Coastal
1995 Coastal
Phase II (WiRO) Universal
�1988 Coastal
Type of Permit New or
Mod or PR
Existing Permit # (Mod or PR) 0'70 (�)-g
MPE
Cert on File?
Density HD or LD ) Type Commercial or Residential
DO) I Stream Class
wided7
Map
to SW8
Paperwork Emaded Engineer on
FiSupplement(s) (1 original per BMP) BMP Type(s)
F—JO&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
Application with correct/original signatures
❑Corp or LLC Sig Auth per SoS r to Note to Reviewer
�$505 (within 6mo) ekf f ME �-
YL %
Sods Report with SHWT �� 4ks
Calculations (signed/seole 6,� rim Ori
F1No obvious errors �17a¢
"Density includes common , etc
7Deed Restrictions, if subdivided
n5igned & Notarized
Correct Template (Comm/Res & HDi
Plans
M2 Sets
Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading
Wetlands Delineated
or No Wetlands
MVicimty Map
Layout (proposed BUA dimensions)
Legend
1:1DA MapsProtect
Boundaries
Infiltration
Wet Pond
Offsjte
Soils Report
Soils Report
�PE Cert for Master Lot #
SHWT
ED Deed Rest for Master Lot # Matches Master
Bottom
�SHWT
PP
BUA Permitted (Master) sf
Visited
BUA Proposed (Offsite) sf
Additional Information
Permitted
Proposed
Proposed Proposed
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
U$ 076133 DWI)
IIIII IIIIIIII IIII II IIII II III IIIII I III aran s M Clem ors-33'00
PROP
Brunswick County, NC Register of Deeds page I of 10
Pet
l�
$
rid r, + _ Finance
Register of Deeds CPJ,� iris 0lcur elneal dir llryuntJut ro IXirtl�000
Brenda N Clemmons 9 n,l
08-09-20t2 16 17 33 000 Brunswick County, NC L, , r�ogorgmal
NC REVENUE STAMP $5786 00 (#311763) _ i _ii,C00131fIS S821�vur1,
--__ _Ic�n0ltsr�^I�tll^cicrcc3'
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax $5,786 00 Recording Time, Book and Page
Tax Lot No See Exhibit C attached Parcel Identifier No
Mail after recording to Faison G Sutton Esq Murchison, Taylor & Gibson, PLLC, 16 N 51h Ave,
This instrument was prepared by Brian P Evans, Esq , K&L Gates LLP, Hearst Tower, 47'1, Floor, 214
North Tryon Street Charlotte NC 28202
Brief description for the Index I STEVENS PARK — Multiple Tracts
THIS DEED made this 21ti'day of August, 2012, by and between
GRANTOR
REDUS NC LAND, LLC, a Delaware
limited liability company
whose mailmg address is
8540 Colonnade Drive, Suite I I I
Raleigh, North Carolina 27615
Arm Bill Honaker
GRANTEE
BALD HEAD ISLAND LIMITED, LLC, a
Texas limited liability company
whose mailing address is
P O Box 3069
Bald Head Island, North Carolina 28461
Attn Charles A Paul III
Enter in appropriate block for each party name, address, and, if appropriate, character of entity, e g
corporation or partnership
The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/l00 Dollars ($10 00) and
other good and valuable consideration in hand paid at and before the delivery of these presents, the receipt
and sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred, conveyed
and confirmed and by these pi esents does grant, bargain, sell, and convey unto the Grantee in fee simple,
all that certain tract or parcel of land lying and being in Brunswick County, North Carolina, being more
particularly described on Exhibit A (the "Property") attached hereto and incorporated herein by
reference E:—:CEI F—
Return to MTG DEC 1 12012
CH-3125306 vl
II I I II II I III I II I I I I IIII II III I I IIII III a3Yss Mos min �s 33'PROP
Brunswick County, NC Register of Deeds page 2 of 10
The Property heremabove described was acquired by Grantor by instruments recorded in Book
2942, Page 1006 and in Book 2942, Page 1012, Brunswick County Registry
All or a portion of the Property herein conveyed does not include the primary residence of
Grantor
TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto
belonging to the Grantee in fee simple
And Grantor covenants with Grantee, that Grantor has done nothing to title 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, except for the Permitted Exceptions (as hereinafter defined)
Title to the Property is subject to the matters set forth on Exhibit `B" attached hereto (the
"Permitted Exceptions")
-2-
III IIIIIIIIIIIIIIIIJill IIIIIIIIIIIIII B3299 P1007 ons 33'PR0
Brunswick County, NC Register of Deeds page 3 of 10
IN WITNESS WHEREOF, Grantor has caused this mstrument to be signed in its name
and delivered as of the date indicated on the first page of this Deed
[!7 7A`YC�I:i
REDUS NC LAND, LLC, a Delaware limited
liability company
By REDUS Properties, Inc, its sole member and
manager
By Q Vu a Srw k�
Name ILL
Title S
STATE OF /V OOK Y d �, tic
COUNTY OF I JGkp
I certify that the following person personally appeared before me this day and
acknowledged to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated 1,1; )11,-, r^ Ho y-\GkElr
Date N 16, % 2012
My Commission Expires G oC %% 6
a Notary Public
Print Name 0, � 1 4 • 9; uP/'S
[Affix Notary Stamp or Seal]
`0%%I1111//'tI
Ppr i 1 L q.r.4
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-3-
IIIIIIIIIIIIIIIIIillllllllillllllllll Brenda M Cl mops-33'000
PROP
Brunswick County, NC Register of Deeds page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION TO DEED
All right, title and interest to that parcel of real property and the improvements thereon lying and
being in Brunswick County, North Carolina, known as "Stevens Park Property" and "Gain
Property" below
STEVENS PARK PROPERTY
Harper Tract 98 acres All of that property shown on a survey prepared by
Robert B McHenry, Jr, PLS, dated May, 2005 and titled, Plat of Survey for
Harper, being 98 34 acres, more or less, recorded in Map Book 33, Page 153,
Brunswick County Registry Reference is hereby also made for illustrative
purposes to Map Book 36, Page 233-235, Brunswick County Registry
Hemby Tract 36 25 acres All of that property shown on a survey prepared by
Robert B McHenry, Jr, PLS, dated May, 2005 and titled, Plat of Survey for
Hemby, being 36 25 acres, more or less, and being recorded in Map Book 33,
Page 152, Brunswick County Registry
Tract 1 Being all of that tract of land, 18 986 acres, more or less, designated as
Tract 1 on Sheet 1 of 3 of that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 443
on July 26, 2006 in the Brunswick County Registry
Tract 2 Being all of that tract of land, 79 991 acres, more or less, designated as
Tract 2 on Sheet 1 of 3 on that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 443
on July 26, 2006 in the Brunswick County Registry
Lot 27 Being all of that tract of land, 0 580 acres, more or less, designated as Lot
27, Smithville Woods, Section 1, on Sheet 1 of 3 on that Survey for Cape Fear
Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and
recorded at Book 35, Page 443 on July 26, 2006 in the Brunswick County
Registry
Tract 3 Being all of that tract of land, 6 795 acres, more or less, designated as Tract
3 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles
O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on
July 26, 2006 in the Brunswick County Registry
Tract 4 Being all of that tract of land, 7 989 acres, more or less, designated as Tract
4 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles
O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on
July 26, 2006 in the Brunswick County Registry
Tract 5 Being all of that tract of land, 8 726 acres, more or less, designated as Tract
5 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles
-4-
IIIIII IIIIIII INII IIII II I III IIII III REPicas 16 rs 333PROP
Brunswick County, NC Register of Deeds page 5 of 10
O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on
July 26, 2006 in the Brunswick County Registry
Tract 6 Being all of that tract of land, 0 515 acres, more or less, designated as Tract 6
on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O
McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July
26, 2006 in the Brunswick County Registry
Tract 7 Being all of that tract of land, 0 983 acres, more or less, designated as
Tract 7 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444
on July 26, 2006 in the Brunswick County Registry
Tract 8 Being all of that tract of land, 0 417 acres, more or less, designated as
Tract 8 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444
on July 26, 2006 in the Brunswick County Registry
Tract 9 Being all of that tract of land, 1 295 acres, more or less, designated as
Tract 9 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page
444 on July 26, 2006 in the Brunswick County Registry
Tract 10 Being all of that tract of land, 14 08 acres, more or less, designated as
Tract 10 on Sheet 3 of 3 of that Survey for Cape Fear Trading Group IV, LLC by
Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 445
on July 26, 2006 in the Brunswick County Registry
Less and except the property or interests described in those certain releases recorded in Book
2556, Page 29 and Book 2708, Page 924 of the Brunswick County Registry
Further less and except that certain parcel of land known and described as Lot 10, Block 28, of
the E B Stevens "Cottage Place Development", a map of which is recorded in Map Book II at
page 127 of the Brunswick County Registry
AND BEING all of that property conveyed to REDUS NC Land, LLC, by Trustee's Deed
recorded in Book 2942 at page 1006 of the Brunswick County Registry
GAIN PROPERTY
GAIN AREA A
Beginning at an existing rebar at the northwestern most corner of Gam Area A as shown
on attached Exhibit A-1, said rebar being the POINT OF BEGINNING,
Thence N 89-45-36 E for a distance of 65 96 feet to an existing rebar
Thence S 01-06-57 W for a distance of 17 54 feet to a point
- 5 -
IIIIII Iilllllllll II IIII II IIII II III III Brend P1016 mop= 33'PP P
Brunswick County, NC Register of Deeds page 6 of 10
Thence S 89-50-31 W for a distance of 65 55 feet to a point at the northeastern most
corner of Loss Area A as shown on attached exhibit
Thence N 00-13-02 W for a distance of 17 44 feet to the POINT OF BEGINNING,
Containing 1,150 square feet, 0 026 acres more or less
GAIN AREA B
Beginning at a point at the western most corner of Loss Area A as shown on attached
Exhibit A-1, said point being the POINT OF BEGINNING,
Thence S 89-50-31 W for a distance of 88 84 feet to a point
Thence N 00-09-29 W for a distance of 8 68 feet to a point at the southeastern most
corner of Loss Area B as shown on attached exhibit
Thence S 84-34-33 E for a distance of 89 26 feet to the POINT OF BEGINNING,
Containing 386 square feet, 0 009 acres more or less
GAIN AREA C
Beginning at an existing rebar at the northeastern most comer of Gain Area C as shown
on attached Exhibit A-1, said rebar being the POINT OF BEGINNING,
Thence S 00-11-48 E for a distance of 329 80 feet to an existing rebar
Thence S 89-48-12 W for a distance of 329 84 feet to an existing rebar
Thence N 00-12-10 W for a distance of 329 95 feet to an existing rebar
Thence N 89-49-47 E for a distance of 329 87 feet to the POINT OF BEGINNING,
Containing 108,811 square feet, 2 498 acres more or less
GAIN AREA D
Beginning at an existing rebar at the northeastern most corner of Gain Area D as shown
on attached Exhibit A-1, said rebar being the POINT OF BEGINNING,
Thence S 00-10-14 E for a distance of 165 05 feet to an existing rebar
Thence S 89-51-08 W for a distance of 132 01 feet to an existing rebar
Thence N 00-09-14 W for a distance of 165 03 feet to an existing rebar
Thence N 89-50-33 E for a distance of 131 96 feet to the POINT OF BEGINNING,
Containing 21,783 square feet, 0 500 acres more or less
GAIN AREA E
Beginning at a point at the northeastern most corner of Loss Area B as shown on attached
Exhibit A-1, said point being the POINT OF BEGINNING,
IMe
IIIIII IIIIIIIIIII II IIII II III IIIIII III Brend M Cl 16 rs 333PROP
Brunswick County, NC Register of Deeds page 7 of 10
Thence N 00-09-29 W for a distance of 702 67 feet to a point
Thence S 87-04-57 E for a distance of 14 95 feet to a point
Thence S 01-03-37 W for a distance of 702 03 feet to the POINT OF BEGINNING,
Containing 5,244 square feet, 0 120 acres more or less
BEING all of that property conveyed to Cape Fear Trading Group IV by deed recorded in
Book 2529 at page 1088 of the Brunswick County Registry, and shown and described as Gam
Area A, Gain Area B, Gam Area C, Gam Area D, and Gain Area E on the foresaid deed
LESS AND EXCEPT, HOWEVER, from such property, that portion thereof conveyed by Cape
Fear Trading Group IV to The City of Southport by deed recorded in Book 2556 at page 68 of
the Brunswick County Registry
AND BEING all of that property conveyed to REDUS NC Land, LLC, by Trustee's Deed
recorded in Book 2942 at page 1012 of the Brunswick County Registry
-7-
IIIII IIIIilllllll 11 llll 11 lllllilll 111 Brend M Clem ors 331PROP
Brunswick County, NC Register of Deeds page 8 of 10
EXHIBIT A-1
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
L AND DEVELOPMENT REGULATIONS
GAIN AREA E
l�0120} AC
GAIN AREA 0
O SDDi AC��
N/Y I
I's
40CP1.1'N 2 4.1i
w ns vw
(um CNN
ARREE
CA C v\
2 4902 AC 1
C17RKf AK f./+wvJ���
LOSS AREA O \ z � � GRAPHIC SCALE
1 604t AC
3
1 Inch 500 fl
,'sx .... '.%�...... � 4
-GAIN
009t AC 8 Ic �' T EEGLN,i
N ® CAN MEA
LOSS MEA A GNN^AHEA 4 1055 AREA 1 522f AC ®
DPPQ R F RFNCE
NOTE THIS MAP 1S NOT A CERTIFIED SURVEY
AND HIS NOT BEEN REVIEWED RY A LOCAL D8 2240 PO 1372
13
AEAPPt ICAB E REGULATIONSCOMPLIANCE W�TN OD 2220PO De 550 Pt1117
WITHERS & RAVIENCL
ECEIVF-n
DEC 1 1 2012
BY
CH 3125306 vI — 8 —
IIII IIIIIIIIIIIII II IIII II IIIIII III III Brend M Cl mm �s 33�PROP
Brunswick County, NC Register of Deeds page 9 of 10
EXHIBIT B
PERMITTED EXCEPTIONS
(i) zoning and building ordinances and land use regulations applicable to the Property, (i1) such
state of facts as are shown on any survey or as would be disclosed by an accurate survey of the
Property, (in) the lien of taxes and assessments not yet due and payable and (iv) all matters of
record
CH-3125306 v I — 9 —
2370000401
2370000412
2370000415
2370000420
2370000423
237FD001
237FDO02
237FDO03
237FDO04
237FDO05
237FDO06
2370000502
2210002901
22100027
221 OA001
2370001601
23700016
23700015
237BA043
237BA044
237BA045
237BA046
22100073
2370000420
2370000421
2370000422
2370000419
2370000418
000
Brunswick County, NC Register B3299dP1014m 10sf3'1007
EXHIBIT C
TAX PARCEL NUMBERS
-10-
Johnson, Kelly
From Scott, Georgette
Sent Thursday, November 01, 2012 2 09 PM
To Bennett, Bradley, Matthews, Matt
Cc Oliver, Jane, Cooper, Kathy, Gregson, Jim, Johnson, Kelly
Subject Foreclosure SW8 070138 Stevens Park Phase I
Attachments 2012 08 CEI_BIMS 070138 pdf, 2012 09 cei_foreclosure 070138 docx
Importance High
A 60 day just cause letter was sent out to this permlttee 60 days are up Nov 51" Attached Is the inspection
report and letter
Please call Kelly if you have any further questions
Georgette Scott
Stormwatcl Program Supervisor
Slatc Stonnwater Program
NC Division of Water Quality
127 Cardinal Dnvc Lxt
Wilmington, NC 28405
Plionc (910) 796-7335
Fax (910) 350-2004
bnnd correspondence to and from this iddrws miry Ix subject to the Nonh (nrolma Aibhe Rccords law and may be drsdosed to third panes
Johnson, Kelly
From Johnson, Kelly
Sent Tuesday, November 13, 2012 8 11 AM
To 'Rod Hyson Sr', jhenry@bhisland com
Subject RE Documentl
Attachments Stevens Park pdf
Rod,
I have attached a scan of the letter The transfer form is available on our website under "miscellaneous forms",
http //Portal ncdenr ore/web/wo/ws/su/statesw/forms docs There are actually two transfer forms One is for HOAs
and the other is for other properties or for HOAs/POAs who were not developed per the Planned Community Act (which
would be unusual unless the property is fairly old)
Thanks,
Kelly
From: Rod Hyson Sr [madto rodsrCcicapefearrealty com]
Sent: Friday, November 09, 2012 2 19 PM
To. Johnson, Kelly, 7henry(fthisland com
Sub]ect: Documentl
Hi Kelly please see the attached document Kindly forward the appropriate change form and I will
execute and return to you thanks Rodsr
ia.1.la.fe
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn Kelly Johnson
Dear Ms Johnson,
1192012
Regarding your letter dated September 4" 2012 " Notice of Inspection and Transfer of the State
Stormwater Management Permit for Stevens Park Phase 1 Permit no 070138" please be advised we did
not receive said letter and Mr Jim Henry of Bald Head Island Limited was kind enough to forward the
letter to me today
I would like to request that the permit be transferred to the current property owner, could you kindly
send me the appropriate change forms
Please forward via email and I will return to you promptly thanking you ,
Rodney 1 Hyson Sr
21 Keelson Row
Bald Head Island, NC 28461
Email rodsr@capefearrealty com
Johnson, Kelly
From
Rod Hyson Sr [rodsr@capefearrealty com]
Sent
Friday, November 09, 2012 2 19 PM
To
Johnson, Kelly, jhenry@bhisland corn
Subject
Documentl
Attachments
Docl docx
Hi Kelly please see the attached document
execute and return to you thanks Rodsr
Kindly forward the appropriate change form and I will
Johnson, Kelly
From
Jim Henry phenry@bhisland com]
Sent
Friday, November 09, 2012 1 32 PM
To
rodsr@capefearrealty com
Cc
Johnson, Kelly
Subject
Stevens Park SW Permit
Attachments
2012 09 cei_foreclosure 070138 docx
Here is the letter Kelly Johnson sent from DENR I'm copying Kelly on this so that she knows the status I understand
from our conversation that you'll choose Option 2, to transfer the permit to us at BHIL Note the deadline was
November 5th, though Kelly understands the letter never made it to you
Let me know if you need anything else Either Kelly or I can help you with the transfer/name change forms and process
Thanks,
Jim
w
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E
Governor Director
September 4, 2012
Rodney J Hyson, Sr
Marsh Harbour Inn
21 Keelson Row
Bald Head Island, NC 28461
Subject Notice of Inspection and Transfer of the
State Stormwater Management Permit for Stevens Park Phase I
Stormwater Permit No SW8 070138
Brunswick County
Dear Mr Hyson
Dee Freeman
Secretary
On July 30, 2012, the Di did a file review for the subject protect in Brunswick County to
determine the status of compliance with Stormwater Management Permit Number SW8 070138
issued to you on March 27, 2007 It is our understanding that the site has not been constructed
A copy of the completed "Compliance Inspection Report" attached to this letter for your files On
August 13, 2012, Wilmington Regional Office of the Division of Water Quality (DWQ) was
notified that the property for the Stevens Park Phase I protect is under foreclosure and is now
owned by another entity A letter was written on that date, but the letter was returned This
letter has been mailed to an alternate address
The following permit issue was found during the file review and must be resolved as soon as
possible
• General Condition III 8 of the permit states that the permittee shall notify the Division of
any name, ownership or mailing address changes within 30 days
No such documentation has been received from the permittee Due to the foreclosure on this
property one of the following actions must be taken immediately As the permittee of record
your choices are as follows
1 Because the site was not built, as the permittee you can request to rescind the permit,
or,
2 You can request that the permit be transferred to the current property owner by filling out
a Name Ownership Change form
The Director of the Division of Water Quality is hereby notifying you that you have 60 days to
respond to this letter Please inform this office in writing before November 5, 2012 of the
specific actions that will be undertaken and the time frame that will be required to address the
issues with this permit
Please be aware that per permit General Condition III 6 and NCAC 02H 1011 of the stormwater
rules, the permit may be modified, revoked and reissued or terminated for cause If you do not
respond to the Division within the timeframe above Di may determine that the permit has
been abandoned and has just cause for modifying the permit and transferring the permit to the
new owner
Wilmington Regional Of roe
127 Cardinal Dme Extension Wilmington North Carolina 28405
Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1-877-623-6748
Internet vv w ncwaterquality org
NorthCarohna
JVaturally
An Equal Opportunity 1 Affirmative Action Employer
This will result in forfeiture of your right to the permit Please take a moment to address this
important issue The original Name/Ownership Change form is here in the Wilmington Regional
Office You are more than welcome to call Kelly Johnson at (910) 796-7215 and make an
appointment to stop by and sign the form If you have any questions, please do not hesitate to
call me at (910) 796-7215
Sincerely,
Georgette D cott
Stormwater Supervisor
GDS\kpj S \WQS\Stormwater\Permits&Projects\2007\070138HD\2012 09 cei_forclosure 070138
cc Jim Henry (via email only, jhenry@bhisland com)
Paul Shivers, PE (via email only, pshivers@hiepc com)
WiRO Stormwater File
Page 2 of 2
Compliance Inspection Report
Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC
Protect Stevens Park Phase I
County Brunswick 06 Miles W Along NCSR 1209 W 9th St
Region Wilmington
Southport NC 28461
Contact Person Rodney J Hyson Title Phone 910-457-1702
Directions to Protect
From River Rd SE (133 South), turn left on Southport Supply Rd SE (U S Highway 211), which turns into N Howe St Turn right on
West 9th Street (NCSR 1209) The protect is located 0 6 miles west along NCSR 1209 from intersection of U S hwy 211
Type of Protect State Stormwater - HD - Detention Pond
Dram Areas
On -Site Representative(s)
Related Permits
Inspection Date 08/13/2012 Entry Time 01 00 PM
Primary Inspector Kelly Johnson
Secondary Inspector(s)
Reason for Inspection Routine
Permit Inspection Type State Stormwater
Facility Status ❑ Compliant ❑ Not Compliant
Question Areas
E State Stormwater
(See attachment summary)
Exit Time 02 00 PM
Phone 919-733-5083
Inspection Type Transfer Renewal
Page 1
Permit SW8070138 Owner - Project Cape Fear Trading Group IV LLC
Inspection Date 08/13/2012 Inspection Type Transfer Renewal Reason for Visit Routine
Inspection Summary
File Review
Is the permit active9
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment File review only We were told at a meeting today that this site has been
sold and that it has not been built
Yes No NA NE
Page 2
Johnson, Kelly
From Johnson, Kelly
Sent Tuesday, September 04, 2012 10 35 AM
To 'Jim Henry'
Subject RE Land Adjacent to Indigo, Stormwater
Thanks Jim I will re -send the letter to Mr Hyson
KJ
From: Jim Henry [mailto jhenLy(@bhisland com]
Sent: Tuesday, September 04, 2012 10 21 AM
To* Johnson, Kelly
Subject: RE Land Adjacent to Indigo, Stormwater
Kelly,
I just talked to Rod Hyson and explained the situation to him, he understands and is expecting the letter Once he gets
it, he will process the ownership transfer forms to us
His mailing address is
Attn Rod Hyson
Marsh Harbour Inn
21 Keelson Row
Bald Head Island, NC 28461
Let me know if you need anything else
Jim
From. Johnson, Kelly [mailto kelly p johnsonCalncdenr gov]
Sent: Tuesday, September 04, 2012 9 52 AM
To: Jim Henry
Subject: RE Land Adjacent to Indigo, Stormwater
Jim,
It bounced back Do you have an alternate address for them?
Thanks,
K1
From: Jim Henry [mailto jhenry(fthisland com]
Sent: Friday, August 17, 2012 3 07 PM
To: Johnson, Kelly
Subject: RE Land Adjacent to Indigo, Stormwater
Thanks, Kelly fyi, I have no idea if they are still at that address, though I do know Mr Hyson is still around let
me know if it bounces back
Jim
From: Johnson, Kelly [mailto kellyp iohnsonO)ncdenr gov]
Sent: Friday, August 17, 2012 1 54 PM
To: Jim Henry
Subject: Land Adjacent to Indigo, Stormwater
Jim,
Here is the letter we discussed about the land adjacent to Indigo Plantation earlier this week
KJ
*** My email has changed to kelly a iohnson oDncdenr gov
KeU,�Johwsow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office 910 796 7331
Fax 910 350 2004
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties
From- Johnson, Kelly [mailto kellyp iohnsonCalncdenr gov]
Sent: Friday, August 17, 2012 1 54 PM
To: Jim Henry
Subject: Land Adjacent to Indigo, Stormwater
Jim,
Here is the letter we discussed about the land adjacent to Indigo Plantation earlier this week
KJ
*** My email has changed to kelly a iohnson@ncdenr ¢ov
K.eU.'�JohwSDV6
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office 910 796 7331
Fax 910 350 2004
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties
NC DENR - Division of Water Quality
U7 Cardmel Drive Extension
Wilmington, NC 28405
=CEIVE
AUG 2 9 2011 0
RODNEYJ HYSON, SR
CAPE FEAR TRADING GROUP IV, LLC
109 NORTH DAMS STREET
SOUTHPORT NC 28461
NIXIE 283 FE
PETuRN TO
ROT DELivERABLE
UNABLE TO
BC 28405540627
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0006559826 AUG20 2012
MAILED FROM ZIPCODE 28405
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Quality Park Item 190019
TreM ated wan Ant Microbial Agent to guard againstthe growth of bacteria, mold, mildew, fungus and odors
a UcwedbySMerco
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E Dee Freeman
Governor Director Secretary
August 13, 2012
Rodney J Hyson, Sr
Cape Fear Trading Group, IV, LLC
109 North Davis Street
Southport, NC 28461
Subject Notice of Inspection and Transfer of the
State Stormwater Management Permit for Stevens Park Phase I
Stormwater Permit No SW8 070138
Brunswick County
Dear Mr Hyson
On August 13, 2012, Wilmington Regional Office of the Division of Water Quality (DWQ) was
notified that the property for the Stevens Park Phase I protect is under foreclosure and is now
owned by another entity
Therefore on July 30, 2012, the DWQ did a file review for the subject protect in Brunswick
County to determine the status of compliance with Stormwater Management Permit Number
SW8 070138 issued to you on March 27, 2007 It is our understanding that the site has not
been constructed A copy of the completed "Compliance Inspection Report" attached to this
letter for your files
The following permit issue was found during the file review and must be resolved as soon as
possible
• General Condition III 8 of the permit states that the permtttee shall notify the Division of
any name, ownership or mailing address changes within 30 days
No such documentation has been received from the permtttee Due to the foreclosure on this
property one of the following actions must be taken immediately As the permtttee of record
your choices are as follows
or,
1 Because the site was not built, as the permtttee you can request to rescind the permit,
2 You can request that the permit be transferred to the current property owner by filling out
a Name Ownership Change form
The Director of the Division of Water Quality is hereby notifying you that you have 60 days to
respond to this letter Please inform this office in writing before October 15, 2012 of the specific
actions that will be undertaken and the time frame that will be required to address the issues
with this permit
Please be aware that per permit General Condition III 6 and NCAC 02H 1011 of the stormwater
rules, the permit may be modified, revoked and reissued or terminated for cause If you do not
respond to the Division within the timeframe above DWQ may determine that the permit has
been abandoned and has just cause for modifying the permit and transferring the permit to the
new owner
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington North Carolina 28405
Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1 877 623 6748
Internet w ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally
This will result in forfeiture of your right to the permit Please take a moment to address this
important issue The original Name/Ownership Change form is here in the Wilmington Regional
Office You are more than welcome to call Kelly Johnson at (910) 796-7215 and make an
appointment to stop by and sign the form If you have any questions please do not hesitate to
call me at (910) 796-7215
Georgette Scott
Stormwater Supervisor
GDS\kpj S \WQS\Stormwater\Permits&Projects\2007\070138HD\2012 08 cei_forclosure 070138
cc Jim Henry (via email only, jhenry@bhisland com)
Paul Shivers, PE (via email only, pshivers@htepc com)
WiRO Stormwater File
Page 2 of 2
Compliance Inspection Report
Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC
Project Stevens Park Phase I
County Brunswick 06 Miles W Along NCSR 1209 W 9th St
Region Wilmington
Southport NC 28461
Contact Person RodneyJ Hyson Title Phone 910-457-1702
Directions to Project
From River Rd SE (133 South) turn left on Southport Supply Rd SE (U S Highway 211) which turns into N Howe St Turn right on
West 9th Street (NCSR 1209) The project is located 0 6 miles west along NCSR 1209 from intersection of U S hwy 211
Type of Project State Stormwater - HD - Detention Pond
Drain Areas
On -Site Representative(s)
Related Permits
Inspection Date 08113/2012 Entry Time 01 00 PM
Primary Inspector Kelly Johnson
Secondary Inspector(s)
Reason for Inspection Routine
Permit Inspection Type State Stormwater
Facility Status Q Compliant ❑ Not Compliant
Question Areas
e State Stormwater
(See attachment summary)
Exit Time 02 00 PM
Phone 919-733-5083
Inspection Type Transfer Renewal
Page 1
Permit SW8070138 Owner - Project Cape Fear Trading Group IV LLC
Inspection Date 08/13/2012 Inspection Type Transfer Renewal Reason for Visit Routine
Inspection Summary
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?
Copy of the recorded deed restrictions is in the file?
Comment File review only We were told at a meeting today that this site has been
sold and that it has not been built
Yes No NA NE
Page 2
€ -y LIMITED LIABILITY COMPANY
ANNUAL REPORT
a
NAME OF LIMITED LIABILITY COMPANY Bald Ilead Island Limited LLC
REPORT FOR rHE YEAR 2012
SECRETARY OF STATE L L C ID NUMBER 0001005
NA I URE OF 13USINESS Real Estate
REGIS FERED AGEN F Paul, Charles A III
REGIS rERFD OFFICE MAILING ADDRESS P O Box 3069
Bald Head Island NC 28461
F-Filed Annual Report
7988326
Do not data enter manually
S I ATE OF INCORPORA I ION TX
REGIS FERED OFFICE S FREE F ADDRESS 46 Manna Wynd
Bald Head Island, NC 28461 Brunswick County
PRINCIPAL OFFICE TELEPHONE NUMBER (910) 457-5000
PRINCIPAL OFFICE MAILING ADDRESS 24 Waterway Avenue, Suite 300
The Woodlands, TX 77380
PRINCIPAL OFFICE S 1 REET ADDRESS 96 Marina Wynd
Bald Head Island, NC 28461
MANAGERS/MEMBERS/ORGANIZERS
Name Mitchell Island Investments, Inc
Title Member
Address
#24 Waterway Avenue State 300
The Woodlands, IX77380
Name North Carolina Investments, LLC
Name Mark D Mitchell
Title Member
Rule Manager
Address
Address
#24 Waterway Avenue Suite 300
P O Box 3069
The Woodlands, 7X 77380
Bald Head Island, NC 28461
Name Michael K Mitchell Name Spiros N Vassdakts Name Charles A Paul HI
Title Manager Title Manager Title Manager
Address Address Address
P O Box 3069 924 Waterway Avenue, Suite 300 P O Box 3069
Bald Head Island NC 28461 The Woodlands, TX 77380 Bald head Island, NC 28461
CERTIFICATION OF ANNUAL REPOR r MUST 13E COMPLETED BY ALL LIMITED LIABILI rY COMPANIES
Mitchell Island Investments, Inc
FORM Must- BE SIGNED BY A MANAGER/MEMBER
Mitchell Island Investments, Inc
4/17/2012
DATE
Member
TYPE OR PRINT NAME TYPE OR PRINT I I rLE
ANNUAL REPORT FEE E-Paid MAIL TO Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525
MANAGERS/MEMBERS/ORGANIZERS (Continued)
Name Shirley A Mayfield Nam, C Grant Mitchell
rifle Manager Title Manager
Address Address
P O Box 3069 #24 Waterway Avernw, Suite 300
Bald Head Island, NC 28461 The Woodlands, TX 77380
BALD HEAD ISLAND LIMITED, LLC
ANNUAL MEETING OF MEMBERS
November 28, 2011
Governance Protocols
The Annual Meeting of the Members of Bald Head Island Limited, LLC was called to order at 10 30 a m
November28, 2011 (the "Meeting") Meeting attendees included C Grant Mitchell (CGM), President of
North Carolina Investments, LLC ("NCI") and M Kent Mitchell (MKM), Vice President, Mitchell Island
Investments, LLC ("Mll") The Meeting was held in the corporate offices of the Mitchell Family
Corporation, Inc, Woodlands, TX, As all Members were present, a quorum was verified
General discussion amongst the Members ensued regarding annual election of Managers to Bald Head
Island Limited, LLC
MOTION CGM motioned to approve the following slate of Managers for Bald Head Island Limited, LLC
to serve until their resignation or replacement pursuant to the Bald Head Island Limited, LLC Operating
Agreement
C Grant Mitchell
Spiros N Vassilakis
M Kent Mitchell
Mark D Mitchell
Charles A Paul, III
Shirley A Mayfield
MKM seconded the motion Motion passed unanimously
The Members adopted the amendments to the Bald Head Island Limited, LLC Operating Agreement, to
include the following changes
• Reference to Harris County will be changed to Montgomery County,
• References Todd Mitchell as Registered Agent will be changed to Spiros N Vassilakis as
Registered Agent
There being no other business brought before the Meeting,
MOTION* MKM made the motion to adjourn, CGM seconded The meeting was adjourned at 10 40 am
NORTH CAROLING INVESTMENTS, LLC
C Grant Mitchell
Manager
MITCHELL ISLAND INVESTMENTS, LLC
i
G'
M. Ken Mitchell
Vice Pr sident
NOTICE TO REGISTERED AGENT
Under N C G S Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address
Cape Fear Trading Group IV, LLC (0694441)
120 E Moore Street
Southport, NC 28461
State of North Carolina
Department of The Secretary of State
CERTIFICATE OF DISSOLUTION
1, Elaine F Marshall, Secretary of State, as mandated by law, do hereby certify that
Cape Fear Trading Group IV, LLC
has been administratively dissolved pursuant to the procedure set forth in N C G S Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder
A Limited Liability Company administratively dissolved under N C G S Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N C G S
Section 57C-6-03
This the 26th day of August, 2010
Elaine F Marshall
Secretary of State
Document Id C201023808134