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HomeMy WebLinkAboutSW8950821_HISTORICAL FILE_20150904STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 g5o821 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Zoo 6 O `i 04 YYYYMMDD v NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 4, 2015 Mr. Chad Carlson, Vice President Lumina Station Commercial, LLC 8800 Marina Parkway Myrtle Beach, SC 29572 Subject: Stormwater Permit No. SW8 950821 Name / Ownership Change Lumina Station High Density Commercial Project New Hanover County Dear Mr. Carlson: Donald van der Vaart Secretary Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 11, 2015, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from Lumina Station, LLC for the subject project. A file review and site inspection was performed on September 4, 2015 by DEMLR staff 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. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 950821 has been transferred on September 4, 2015 and to remind you that this permit shall be effective until October 17, 2019. For your records, please find enclosed a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on August 11, 2015. This permit is subject to the conditions and limitations as specified in the transferred and reissued previously issued 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 fling fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431- 3000, or visit their website at www.NCOAH.com, Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331. Sin/ rely, (� racy D s, P.E., Director Division of Energy, Mineral and Land Resources 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 SW8 950821 September 4, 2015 GDS/kpj: 111Stormwater\Permits & Projects11995195082112015 09 permit 950821 enc: Inspection Report, September4, 2015 Name/Ownership Change Form, August 11, 2015 cc: Mr. Joel Tomaselli, Manager, Lumina Station, LLC (previous permittee) 1900 Eastwood Rd, Suite 10, Wilmington, C 28403 Mr. Seth McCoy, Burroughs & Chapin Company, Inc. 8820 Marina Parkway, Myrtle Beach, SC 29572 Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 950821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lumina Station Commercial, L.L.C. Lumina Station 1900 Eastwood Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') 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 October 17, 2019, 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 in this permit. The stormwater control has been designed to handle the runoff from 122,500 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated in this permit, and per approved plans. 4. 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. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 3 of 6 State Stormwater Management Systems Permit No. SW8 950821 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: J. Controlling Orifice: k. Receiving Stream/River Basin: I. Stream Index Number: M. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 4.48 195,536 0 122,500 1 7.5 90 10.5 3,940 13,039 13 1.5" 0 pipe UT Wrightsville 18-87-24 "SB #" Rec. Area / CPF24 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. 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. 5. The facilities shall be constructed as shown on the approved plans. 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. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. Page 4 of 6 State Stormwater Management Systems Permit No. SW8 950821 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. Access to the stormwater facilities shall be maintained via appropriate easements at all times. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc.; b. Project name change; C. Transfer of ownership, including the dissolution of the corporate entity, bankruptcy and/or foreclosure; d. A mailing address change; e. Redesign or addition to the approved amount of built -upon area or to the drainage area. f. Further subdivision, acquisition, lease 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. g. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. 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. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Energy, Mineral and Land Resources, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. 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. 3. 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) having jurisdiction. Page 5 of 6 State Stormwater Management Systems Permit No. SW8 950821 4. 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. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this.project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. 10. The permittee shall submit a renewal application and fee to the Division of Energy, Mineral and Land Resources at least 180 days prior to the expiration date of this permit. Permit transferred and reissued this the 4th'day of September 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 950821 Page 6 of 6 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: SWS 950821 2. Project Name: Lumina Station 3. Current Permit Holder's Company Name/Organization: Lumina Station, LLC 4. Signing Official's Name: Joel Tomaselti Title: _Manager 5. Mailing Address: 1900 Eastwood Road, Suite 10 City: Wilmington State: NC Zip: 28403 6. Phone: Lq& ) 95(c-040D Fax: lD ) a5(ro- Mill II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) 0 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: Lumina station Commercial, LLc 2. Proposed permittee's signing official's name: Chad Carlson 3. Proposed permittee's title: Vice President 4. Mailing Address: 8800 Marina Parkway City: Myrtle Beach State: SCZip: 29572 Phone:(843 ) 448-5123 Fax:( 843 )315-6068 5. New Project Name to be placed on permit: Linnina Station - Phase 1 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) AUG 1 1 2015 SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: III\ REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed_ by both_ th_ e 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, Joel Tomaselh the current permittee, am submitting this application for a transfer of ownership for permit # SW8 950821 . 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 permitt med in Sections II and V of this form. I understand that this transfer of ownership can t be approved by the DWQ unless and until the facility is. in compliance with the permit. Signature: Date: -7 2-0 bI roil a Notary Public for the State of do hereby certify that / a e- I / I personally appeared before me this the day of 20 J , and acknowledge the du 11tiaQ ytj,n of the f oing in6trument. VV4 n ss my hand and official.s�� (�f�4i�NSealQgy����� Rotary ignatur pt�G 1 Z01�' �r NOTARY 6S =i PUBLIC oe SSW N/O Change Rev24Sept2012 Page 2 of 4 ol V%, PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, Chad Carlson NP NLlac. <4 Sfck el , hereby notify the DWQ that I have acquired through or legal transfer, Me responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) ®the most recent permit the designer's certification for each BMP ® any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that 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 in/clluuded, th' ap i ion package will be returned as incomplete. Signature: /��� Date: l 13©11s a Notary Public for the State of __�>U tMA County of MVCC U , do hereby certify that ,W— tsar personally appeared before me this the 3 fl day of :Sol N 20 �� , anc64k due execution of the P',��ssioti'.G� forgoing instrument. Witness my hand and official seal, Q!� DECEPABER 0 = � • ^_e =m16 2(Notary.941) 1 otary Signature T RY PO ., 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 AUG i 1205 BY: — SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (it 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 If 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 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 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) otary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 Completeness Review Checklist Project Name: i..G�n��4 � f`i}y� Received Date: / Z-0/ Project Location: Accepted Date: it 2e)/ Rule(s) ®2008 Coastal ®1995 Coastal ®Phase II (WiRO.) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): 4j jCj a ( PE Cert on File? Density: HD or LD Type: Commercial or Residential "NCG: %: n(C OK?) Stream Class: r7SA Map MOffsite to SW8 Subdivided?: Subdivision or Single Lot 11 JORW Map I I (Exempt Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): ®O&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) MA-P�Pllcation with correct/original signatures / /- eed ®Corp or LLC: Sig. Auth. per SoS or letter —1 Email Address: ®$50S (within 6mo) /0- -7-;D. 16F,1-2 ®Email Address: Design Engineer Owner ®Soils Report with SHWT L �,J, Note to Reviewer: ®Calculations (signed/sealed) a0, tv wP�j obvious errors fa�s�c�hy� CclaLad nsity includes common areas, etc Restrictions, if subdivided: ned & Notarized Plans ®2 Sets ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Grading ®Wetlands: Delineated or No Wetlands ®Vicinity Map ®Layout (proposed BUA dimensions) ®Legend ®DA Maps ®Project Boundaries (Infiltration I Wet Pond I Offsite Report OSoils Report ®PE Cert for Master is ®SHWT: El Deed Rest for Master im: PP: BUA Permitted (Master): !d: BUA Proposed (Offsite): Additional Permitted Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Lot #: ®Lot # Matches Master sf Proposed:. sf Burroughs & Chapin Company Inc. NCDEMLR/Stormwater Permitting Wilmington Regional Office ATTN: Georgette Scott 127 Cardinal Drive Extension Wilmington, NC 28405 August 6, 2015 Ms. Scott, ECEIVE AUG 1 1 2015 BY: Enclosed please find completed Ownership Change Forms for Stormwater Management Permit #'s SW8 950821 and SW8 980502. 1 have also enclosed copies of the recorded deeds, recorded declarations, stormwater inspection reports for the past six months, and the original documentation provided to us by the seller. Please let me know if you need any further information to complete this change in ownership. Thank you, Seth McCoy Director of Design, Zoning and Construction Burroughs & Chapin Company, Inc. 8800 Marina Parkway Myrtle Beach, SC 29572 843-848-4449 Seth.mccoy@bccompany.com 8800 Marina Parkway I Myrtle Beach, South Carolina 29572 1 843.448.5123 1 burroughschapin.com seth McCoy Director of Design, Zoning, and Construction Burroughs & Chapin Company Inc. 8820 Marina Parkway Myrtle Beach, South Carolma 29572 843.848.4449 1 fax 843.315.6067 mobile 843.424.9315 I seth.mccoy@bccompany.com CA201509610613 2�1 OWM201s - SOSID: 0365940 Date Filed: 4/6/2015 11:08:00 AM Elaine F. Marshall LIMITED LIABILITY COMPANY ANNUAL REPORT North Carolina Secretary of State CA2015 096 10613 NAME OF LIMITED LIABILITY COMPANY LUMINA STATION LLCM Fictitious Name, It any, used in Noah Carolina: Filing Office Use Oey SECRETARY OF STATE ID NUMBER: 0365940 STATE OF FORMATION NC REPORT FOR THE YEAR: 2015 Changes SECTION A: REGISTERED AGENTS INFORMATION 1. NAME OF REGISTERED AGENT: JOEL TOMASRLLI 2. SIGNATURE OF THE NEW REGISTERED i SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 1900 EASTWOOD ROAD, SIIITE 10 WILMINGTON NC 28403-7206 NEW HANOVER SECTION B: PRINCIPAL OFFICE INFORMATION 1900 EASTWOOD ROAD, SUITE 10 WILMINGTON NC 28403-7206 1. DESCRIPTION OF NATURE OF BUSINESS: REAL ESTATE DEVELOPMENT 2. PRINCIPAL OFFICE PHONE NUMBER910-256-0900 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 1900 EASTWOOD ROAD, SIIITE 10 1900 EASTWOOD ROAD, SUITE 10 WIL14INGTON NC 28403-7206 NEW HANOVER WILMINGTON NC 28403-7206 SECTION C: COMPANY OFFICIALSIORGANIZERS (Enter additional Company Officials/Organ¢ers in Section E.) NAME:.JOEL TOMASELLI 7 NAME:JIM WALLACE NAME:GHNE MILLER TITLE: MANAGER TITLE: MANAGER TITLE: MANAGER ADDR.: 1900 EASTWOOD RD STE 10 ADDR.: 1902 EASTWOOD RD ADDR.:PO BOX 12729 WILMINGTON WILMINGTON WILMINGTON NC 28403 NC 28405 E TION D: ION O ANNUAL REPoRT, Section D must be c in its entire �bfy Trulousiness entity. SIGNATURE DATE Form must be signed by a Company Official/Organizer listed under Section C of Ws f an. JOEL L TOMASELLI MANAGER Print or Type Name of Company OfficiaUOrganizer TITLE SUBMIT THIS ANNUAL REPORT W rTH THE REQUIRED FILING FEE OF $200 MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh. NC V626-0525 IIIIIII Mr ������ unl Ilni IUIYII 2015008998 FOR REGI STRRTION REGISTER OF DEEDS TRMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2015 APR 02 1145 31 AM 8K 5878 PG 219872201 FEE $26 00 NC REV STAID $17,478 00 INS1RUH { S15009998 WARRANTY DEED Prepared by -$MURCHISON, TAYLOR. & GIBSON, PLLC 16 North Fifth Avenue; Wilmington, NC 28401 After Recording Return to Grantee NORTH CAROLINA NEW HANOVER COUNTY PARCEL NO: R05709-005-001-000 REVENUE STAMPS: S17,478.00 THIS WARRANTY DEED, made this '�5 I day of �`�(jr(-�, 2015, by and between Lumina Station, LLC, a Norih Carolina limi(ed liability company with a mailing address_of_1900_Eastwood-Road,,Suite_I0, Wilmington, NC 28403 (herein called "Grantor"), and CLumina Station Commercial, LLC, a�South Carolina corporation with a marling address of 8860 Manna Parkway, Myrtle Beach, SC 29572 (herein called "Grantee",) WITNESSETN: NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten Dollars (SIO 00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Grantee, its successors and assigns forever,in fee simple, all of that certain real property located in New Hanover County, North Carolina, and being more particularly described in Exhibit A attached hereto and incorporated herein by reference SUBJECT TO (i) all easements, rights of way, agreements, restrictions and other matters indexed of record in the official land records of New Hanover County, North Carolina, if any, (ti)' ad valorem taxes for current and subsequent years, (m) any liens for municipal or county betterments or the like accruing for current and subsequent years, and (iv) all governmental land u%e statutes, ordinances and regulations, including zoning, subdivision and building regulations Notwithstanding the above or anything else in this deed to the contrary, the Grantor's representations and warranties set forth in that Purchase and Sale Agreement between Grantor and Burroughs & Chapin Company, Inc and subsequently assigned to Grantee for the above described property dated November 5, 2014, as amended, shall survive and not be invalidated, limited or otherwise affected by this deed and the aforementioned exceptions Set forth herein 00128101 RETURN TO TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, forever And the Grantor, for itself, its successors and assigns, does covenant to and with the said Grantee, its successors and assigns, that it is seized in fee of the above granted and described property, that it has good right to sell and convey the same in fee simple, that the same is free and clear from any and•all restrictions, easements or encumbrances except those set forth above, and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever Pursuant to N.C.G.S. §105-317.2, none of the property herein described includes the primary residence of the Grantor. IN TESTIMONY WHEREOF, the said Grantor has caused this instrument to be executed the day and year first above written LUMINA STATION, LLC BY: NAME:Joel Tomaselli, Trustee ofJoel L Tomaselli Revocable Trust U/A dated 2/23/09 ITS: Member/Manager STATE OF NORTH CAROLINA COUNTY OF - /%Gil ,�QwvG1. (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacny(tes) indicated above JOEL TOMASELLI. [NOTE Insert the name of the party executing document, not their title] Date 3.30 -d Official Signature of Notary 1—,fAY name appe seal] Punted Name of Notary [As name appears on seal] My commission expires .� 3g [OFFICIAL SEAL] \\\``v�QtttA t 3Nrrr�����i r0l • Q V •. •7 0 O c 00128101 EXHIBIT A Lying and being situate in New Hanover County, North Carolina, and being moreyparticularly described as follows Tract One: Beginning at a point in the southerly line of U S Highway #74 where said southerly line of said highway is intersected by the westerly line of Southerland Avenue as said avenue is 'shown on the map of the A P Sutherland Subdivision, recorded in Map Book 2, Page.53, of the New Hanover County Registry,, running thence from said point of beginning southwardly and along the westem. line of Southerland Avenue. to the northeast comer of 'Lot #6 of A P Sutherland Subdivision as shown on the map referred to above, thence in a westwardly direction and along the dividing hde between Lots 6 and 7 and 14 and 15, 530 feet, more or less, to a point in the easterly line of a 10-foot avenue, thence North 56 degrees 49'mimutes East 63 feet , more or less, to the southerly'line of U S Highway 074, thence South 50 degrees 55 minutes East and with and along the southerly line of U S Highway 474, 504 88 feet to the point of beginning The same being a portion of Lot 7 and 15 of the subdivision of the A P .Sutherland lands according to map recorded in Map Book 2, Page 53, New Hanover County Registry and as shown on survey prepared by Hobbs Surveying, Company„ Inc dated March 31, 1995 Excepting so much thereof as is within the.nght of, way of US Highway #74 Tract Two: ,Being all of Lots 6 and 14 of the A P Sutherland subdivision,as the same are shown on a map of said subdivision recorded in Map Book 2 at Page 53, according to the records of the. Register, of Deeds office of New Hanover County, and as shown on survey prepared by Hobbs Surveying Company, Inc , dated March,31, 1995 Tract Three' Being all of Lots 4 and 5, as shown on map recorded to Map. Book 2,_ai Page 53, the A P Sutherland subdivision, according to the records of ,the Register of Deeds office of New Hanover County, and as shown on survey prepared by Hobbs Surveying Company; Inc , dated March 31,, 1995 Tract Four: Being all of Lot 12 and 13 of the A P Sutherland, subdtvtston as the same are ,shown on a map of said subdivision recorded in Map Book .2 at Page 53, according to `the ,records of the Register of Deeds Office of New Hanover County, and as shown on survey prepared by Hobbs Surveying Company„Inc. dated March 31„ 1995 SUBJECT TO ANDIOGFTHER WITH easement rights set forth m.Access'Easement and .Maintenance Agreement by and between Wilmnngion:Holding Corp and Lumina Station LLC recorded in Book 4790, Page 99, and Cross -Access Easement Agreement recorded rm Book 5103, Page 263,'New H anover,County. Registry 00128101 SW8 950821 Warranty Deed ECEIVE AUG 1 1 2015 BY:_---- 505801 �w State of North Carolina Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY SOSID: 1431639 Date Filed: 3/9/2015 11:56:00 AM Elaine F. Marshall North Carolina Secretary of State Pursuant to §57D-7-03 ofthe General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is Lumina Station Commercial, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use 2. The state or country under whose laws the limited liability company was formed is South Carolina 3. Principal office information: (Select either a or b) a. © The limited liability company has a principal office. The principal office telephone number: (843) 448-5123 The street address and county of the principal office of the limited liability company is: Number and Street: 8800 Marina Parkway City: Myrtle Beach State: SC Zip Code:29572 County: Horry The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: City: State:_ Zip b. ❑ The limited liability company does not have a principal office. County: 4. The name of the registered agent in the State of North Carolina is: CT Corporation System The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:150 Fayetteville Street, Box 1011 City, Raleigh State: NC ZipCode:27601 County: Wake 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and City: State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH,NC 27626-0622 (Revised January 2014) (Form L-09) ti L U1011Jov1. II APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) Name and Title Business Address Bratton Fennell, President 8800 Marina Parkway, Myrtle Beach, SC Tanya Greenlee, VP & Treas. Richard B Josey, III, VP & Sec. Patrick Walsh, VP Chad Carlson, VP 8800 Marina Parkway, Myrtle Beach, SC 8800 Marina Parkway, Myrtle Beach, SC 8800 Marina Parkway, Myrtle Beach, SC 8800 Marina Parkway, Myrtle Beach, SC 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A Photocopy of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: april.doane@bccompany.com The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. O 11. This application will be effective upon filing, unless a delayed date and/or time is specified: Thisthc�9�dayofV 20J5 Lumina Station Commercial, LLC Name of Limited Liability Co ipany Signature of Company icia/ Bratton Fennell, Presi ent Type or Print Name and nue Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) lm�lriim#bmbbmbbii2g §fib S2+i! A#2»41�zgtl' ! Ai [�®®-®� G �State ofSouthCarolinay 3 ® W � � » * V - � . � Q m Office oSecretary of State Mark Hammond / Q 2 o q W �Certificate of Existence m 1, Mark m Hammond, 2 S ¥ worigth 6 . ,thae . 7 G2C5, has as - ' , , y 6 r'`` ~�` W - - - Q State, - g. Wbeingdissolvedpursuansec2 a. a' Gof the South Carolina Code, company has not filed articles of and that the ® - - qion ¥ W \ y ® /I 3 G w M y, a d � y mGiven under my Hand and the Great �� G - of South a / day of February,, a� G y ;71 2 ƒ w r fWu. »!r-1�� � y ±Mark Hanirno,"nf Secretary of State W ® m 2 00 CA201208600078 €€°' LIMITED LIABILITY COMPANY R�': ANNUAL REPORT uN� NAME OF LIMITED LIABILITY COMPANY: LUMINA STATION, LLC REPORT FOR THE YEAR: 2012 SECRETARY OF STATE L.L.C. ID NUMBER: 0365940 NATURE OF BUSINESS: Real Estate Develoment REGISTERED AGENT: TOMASELLI,JOEL REGISTERED OFFICE MAILING ADDRESS: 1900 Eastwood Road Wilmington, NC 28403 SOSID: 0365940 Date Filed: 3/26/2012 2:46:00 PM Elaine F. Marshall North Carolina Secretary of State CA201208600078 STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 1900 Eastwood Road Wilmington, NC 28403 All County SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 156-0900 PRINCIPAL OFFICE MAILING ADDRESS: 1900 Eastwood Road Wilmington, NC 28403 PRINCIPAL OFFICE STREET ADDRESS: 1900 Eastwood Road Wilmington, NC 18403 MANAGERS/MEMBERS/ORGANIZERS: Name: Joel Tomaselli Name: Jim Wallace Title: Manager Title: Manager Address: Address: 1900 Eastwood Road P O Box 505 ,: 1 //uHc�N Oh �NNUALREPORT/UST BE COMPLETED BY ALL LIMITED LIAB1VTY TMPANIES 1FORM MUST BE SIGNED BY A MANAGER/MEMBER /� DATE JOEL 6. TOMASELLI JOEL L. TOMASELLI TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: S200 MAIL TO: Secretary of State • CotPotntions Division • Post Office Box 29525 • Raleigh, NC 27626-0525 1111111111111 1111111111111111 1111111111111111111111