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HomeMy WebLinkAboutSW8070319_Historical File_20150209AT4*'IA RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 9, 2015 Mr. James I. Anthony, Jr., Manager Wil Fergie, LLC PO Box 10810 Raleigh, NC 27605 Subject: Stormwater Permit No. SW8 070319 Name / Ownership Change and Permit Extension Ferguson Distributors High Density Commercial Project New Hanover County Dear Mr. Anthony: 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 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of 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 September 9, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit a Name/Ownership Change Form from Hwy 421 Properties, LLC for the subject project. A file review and site inspection was performed on October 14, 2014. After the site had been maintained and certified, a follow up inspection was conducted on February 6, 2014. 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 070319 has been transferred on February 9, 2015 and to remind you that this permit shall be effective until August 8, 2021, which includes the extensions. For your records, please find enclosed a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on September 9, 2014. The Name/Ownership Change Form, the Inspection Report, the PE Certification, and the Operation and Maintenance Agreements are attached for your reference. Please note that a Name/Ownership Change Form for this project's NCG010000 permit was also included in the Name/Ownership Change Form for the State Stormwater permit. The NCG010000 permit was for construction and the NCG010000 permit relied on requirements of an active Erosion and Sediment Control Plan (E&SC). Since construction is complete, the E&SC is no longer active. Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring or self -inspections are required for the E&SC. The project has been released from coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities (NCG010000), and therefore there is no need to transfer the NCG010000 permit. This permit is subject to the conditions and limitations as specified in the transferred and reissued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMPs, 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. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 a (910) 796-7215 / Fax: (910) 350-2004 SW8 070319 February 9, 2015 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 150B 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.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. Sinc rely, �7,n Tracy D P.E., Director Division of Energy, Mineral and Land Resources GDS/kpj: \\\Stormwater\Permits & Projects\2007\070319 HD\2014 02 permit 070319 enc: Name/Ownership Change Form, Received September 9, 2014 Inspection Report, February 6, 2015 PE Certification, January 30, 2015 Operation and Maintenance Agreement, Wet Pond Operation and Maintenance Agreement, Infiltration Trench cc: McKinley Dull, Mana er, Hwy 421 Properties, LLC, 3807 Peachtree Ave. Suite 200, Wilmington, NC 28403 Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Permit Number SW8 070319 STATE OF NORTH CAROLINA DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 •kTA 0 •� • Wil Fergie LLC Ferguson Distributors 3881 U.S. Highway 421 North, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond and one (1) infiltration trench in compliance with the provisions of 15A NCAC 2H .41000 and Session Law 2008-211 (hereafter collectively referred to as the "stormwater rules') 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 August 8, 2021, and shall be subject to the following specified conditions and limitations: 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 Sections 1.7 and 1.8 of this permit. The stormwater controls have been designed to handle the runoff from a total of 394,165 square feet of impervious area. The wet pond will treat 387,915 sf and the infiltration trench will treat 6,250 sf. 3. A 50' wide vegetative buffer must be provided adjacent impounded structures, streams, rivers and tidal waters. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 240,185 sf to drain to the pond, which is included in the 387,915sf total impervious to drain to the pond. 5. 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. State Stormwater Management Permit Number SW8 070319 6. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system. 7. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, Acres: 12.44 Onsite, ft : 542,000 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 387,915 Onsite, ft : 387,915 Offsite, ft2: 0 C. Design Storm, inches: 1.5 d. Average Pond Design Depth, feet: 5.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 14.5 g. Permanent Pool Surface Are.1, ft2: 36,203 h. Permitted Storage Volume, ft : 61,308 i. Temporary Storage Elevation, FMSL: 16.0 j. Pre-dev. 1 yr-24 hr. discharge rate, cfs: 0.62 k. Controlling Orifice: 3.0" 0 pipe I. Orifice flowrate, cfs: 0.16 M. Permitted Forebay Volume, ft3: 36,473 n. Fountain Horsepower 3/4 o. Receiving Stream/River Basin: Cape Fear River / Cape Fear P. Stream Index (Number: 15-25-1-9 q. Classification of Water Body: "C; SW" 8. The following design criteria have been permitted for the infiltration trench system and must be provided and maintained at design condition. The infiltration trench has been designed to infiltrate the 10yr24hr storm event without discharging as calculated using one-half of the infiltration rate reported in the soils report. Therefore, no bypass or vegetated filter strip is required. The trench drains to the same receiving stream as the wet pond: a. Drainage Area, acres: Onsite, ft . Offsite, ft2: b. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2: C. Design Storm (10yr24hr), inches: d. Trench Length, feet: e. Trench Width, feet: f. Trench Depth, feet: g. Bottom Elevation, FMSL: h. Bottom Surface Area, ft2: *j. Perforated Pipe Diameter, in.: *k. Perforated Pipe Length, ft: s 1. Permitted Storage Volume, ft . M. Predevelopment 1 yr 24 hr peak flow, cfs: n. Type of Soil: o. Infiltration Rate from Soils Report, in/hr: P. Seasonal High Water Table, FMSL: q. Time to Draw Down 10yr24hr Event, hours 0.143 6,250 0 6,250 6,250 0 7.13 105.00 13.25 1.25 13.20 1,391 12 105 745 0.01 Medium Sand 24.0 (12" used for calc) 11.2 2.54 2 State Stormwater Management Permit Number SW8 070319 11. SCHEDULE OF COMPLIANCE 1. 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. Decorative spray fountains will be allowed in the wet detention pond, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 3/4 horsepower. 6. 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. 7. 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. 8. 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. 9. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 5 State Stormwater Management Permit Number SW8 070319 10. 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. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 13. 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. This permit is not transferable to any person or entity except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the permittee or project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change Form, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6 State Stormwater Management Permit Number SW8 070319 6. 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. 7. The permit remains in force and effect until modified, revoked, terminated or renewed. 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. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall submit a permit renewal request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit transferred and reissued this the 9t" day of February 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r i racy u is, r.t=., uirector of Energy, Vineral and Land Resources 7 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 Numb 2. Project Name: 3. Current Permit Holder's Company Nam 4. Signing Official's Name 5. Mailing Address; City: 6. Phone Title: z` c 11. 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 e change of project (Please complete Item 5 below) hange 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: 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: MA 4. Mailing Address: City: State: NCI zip: Phone: ) _8_ \ 1 Fa . 5. New Project Name to be placed on permit: a 0, ®OVTO ,5- 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 P A in #1 above and pro vide name of HOA/POA's thorized representative in #2 above) he property owner ❑ Lessee (Attach a copy of he 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) P 0 94 24 SSW N/O Change Rev24Sept2012 Page 1 of 4 3y. 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 A - Legal documentation of the property transferto a new owner. v\N& 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. fr Il 5. If the proposed permittee is a firm, partnership, association, instit , imi n, corporationed Frab'lity k) 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 perm ssing fee is not required. Subsequent owners ip trans ers wi reaquire processing fee. IV. CURREN4ECR)MI49 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 supp i i and attachments listed above are not included, this application package will be 0rhoads- incomplete. D i n f e 1 Check here if current permittee " g e p operty to a new owner a will not'retain ownership f theermit. - -- I, , the current permittee, am submitting this application for a transfer of 6wne shipff or permiC I hereby notify DWQ of the sale or other legal transfer of the stormwater s s em associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: Date: / // L I,-Te.r'e!5a_ cJ & Qpz) roi. , a Notary Public f r the State of 13 N C , County of VAJi) kcA1nQVe r , do hereby certify that Cr\-1,D" D. Out personally appeared before me this the '.!; day of AuQ , 20 A, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, �Nota Se 0- Teresa J. Pifor Notary g natur Si k i Notary Public County,New Hanover NG SSW N/O Change Rev24Sept2012 Page 2 of 4 V. Permittee for all - -&- E storrwater management system, TiFICATiON (This section must be completed by the ownership) 79- , hereby notify the DWQ that I have acquired ie responsibility for operating and maintaining the permitted , if applicable, constructing the permitted system. i -eived 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 ❑past 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 namelownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included this application package will be returned as incomplete. Signature: Date: , 4. a Notary Public for the State of County of VV , do hereby certify that _-T 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 Se -4 Motjdry Signature jF S' ni 20114 e______ 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. NOREFEN L TOMPKINS NOTARY PUBLIC WAKE COUNTY, NC My Corrxnission Expires A c�- � _ 0 SSW N/O Change Rev24Sept2012 Page 3 of 4 1" — t ® FAA Division of Energy, Mineral & Land Resources l Land Quality Section/Sturmwater Permitting NCDENRNational Pollutant Discharge Elimination System N�n��o�,uo��.NEM�. PERMIT NAME/OWNERSHIP CHANGE FORM CN 14 Onl C OL NPDU M JCSOV.CE. FOR AGENCY USE' ONLY Data Received Year Monlh Da J. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C S o N c r? 10 1 1 1 a cl O 1 0 U. Permit status prior to requested change. a. Permit issued to (company natne): HWY 421 Properties, LLC b. Person legally responsible for permit: Mckinley D Dull First Mi Us( c. Facility name (discharge): d. Facility address: Mananer Title 3807 Peachtree Avenue, Suite 200 Permit Holder Mailing Address WilininLgon NC 28403 City State Zip (910) 395-6036 MO) 395-6605 Phone Fax Ferguson Distributors 3881 Hwv 421 North Address Wilmington NC 28401 City State Zip e, Facility contact person: Walter P. Avery (910) 395-6036 First / MI / Lasi: Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of [D Change in ownership of the facility ❑ Name change of the .facility or owner .1folher please explain: b. Permit issued to (company name): e P+r�on-pally{xe+-i§ible for perinit: d. Facility nanie (discharge): e, Facility address: WIL FERGIE, LLC .lames 1 Anthony, Jr. First Ml Last Manager Title PO Box 10810 Permit Holder Mailing Address Raleigh NC 27605 City (919) 832-1110 State Gip jim.antliony(ctcolliers.com Phone Email Address Ferguson Distributors 3881 Hwv 421 North Address wihnington NC 28401 city state Zip f. Facility contact person: Jaines I Anthony, Jr. First Mi Last 19832-1110 iiiri:aiititoiiy n cotliers.coin Phone Emiiil Address IV. Permit contact information (if different froin the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: 1 A-NV0 First MI Last 61je-r/i,? Title 20. Wt.IA RD J ob Mailing Address IQ Gc{ AX— City State Zip Phone E-mail Ad ess V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and or wnership change equests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Mlz b Pt y p��..........a............a.........aa......................................................♦....... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. P.ERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Nlekinley D. Dull, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application pack ge � iil a return d as incomplete. April 21, 2014 Signature Date APPLICANT CERTIFICATION I, Jaynes I. Anothony, Jr., attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be. r't d as incomplete. Sign We Date .. ................................ PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carol ilia27699-1612 Revised Jan. 27, 2014 Colhers INTERNATIONAL April 15, 2015 Colliers International Raleigh — Durham Eastern North Carolina 702 Oberlin Road Suite 400 Raleigh, NC 27605 www.colliers.com Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1612 I I MAIN +1 919 832 1110 N FAX +1 919 834 4488 F Y .__VED MAY 12 2015 DENR-LAND QUALITY MVVATER PERMITTING RE: State Stormwater Permit Name/Ownership Change Form for 3881 US Hwy 421 N. Wilmington, NC Dear Sir or Madam: Attached is the fully executed SSW N/O Change Form to transfer the stormwater permit over to the new owner Wil Fergie, LLC. Please contact me if you have any question. Sincerely, Donald J. Hyneman Vice President of Operations Cc: Legal Documents - #3200 ECEIVE:i Mky 2 99 2015 ft Colliers International Raleigh — Durham I Eastern North Carolina (formerly Anthony & Co.) and certain of its subsidiaries, is an independently owned and operated business and a member firm of Colliers International Property Consultants, an affiliation of independent companies with over 480 offices throughout more than 61 countries worldwide. Compliance Inspection Report Permit: SW8070319 Effective:10/08/10 Expiration: 08/08/21 Project: Ferguson Distributors formerly US Highway 421 Project Owner: Highway 421 Properties LLC County: New Hanover Adress: 3881 US Hwy 421 N Region: Wilmington City/State/Zip: Wilmington NC 28401 Contact Person: Walter Avery Title: Phone: 910-359-6036 Directions to Project: Go west across the Isabel Holmes Bridge. Turn left at stop light onto 421 North. Project is on left ust north of the 1-40 ramp. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - 2- On-Site Representative(s): Related Permits: SW8050217 Cape Fear Investment and Development LLC - 421 Industrial Park Inspection Date: 02/06/2015 Entry Time: 02:30PM Exit Time: 03:30PM Primary Inspector: Kelly Johnson Phone: 910-796-7331 Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) page: 1 Permit: SW8070319 Owner - Project: Highway 421 Properties LLC Inspection Date: 02/06/2015 Inspection Type Transfer Renewal Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? E ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0❑ ❑ ❑ Comment: 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: 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: page: 2 rC.oastal • •Desian. Civil Engineering/Landscape Architecture Land Planning/Construction Management P.O. Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cideng.com To: NCDENR — Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 — 7215 Attn:�} ❑ As Requested ❑ Sent via Mail ® For Your Files ❑ Sent via Courier Date: February 2, 2014 File: 650-03 Subject: Stormwater Certification for SW8 070319 ❑ For Distribution ❑ For your Review / Action / Approval Quantity Drawing No. Description 1 Original Stormwater Certification for SW8 070319 REMARKS I Please contact our office if you have any questions or concerns. Thank you. CC: File Coastal Land Design, PLLC CLD Transmittal 020215 Johnson, Kelly From: Johnson, Kelly Sent: Monday, February 02, 2015 3:00 PM To: 'Pete Avey Cc: jpetroff@CLDeng.com Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Thanks guys. I will look for the certification in the mail. Kelly From: Pete Avery [maiIto: PAvery@mckinleybuilding.com] Sent: Monday, February 02, 2015 11:53 AM To: Johnson, Kelly Cc: jpetroff@CLDeng.com Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Ms. Johnson, The work was completed at long last about 1 week ago. Subsequent to that, the engineer has completed his since been back to the site and completed his certification review. He told me that he mailed the certification last Friday, which you should get today or tomorrow. I hope that is sufficient. Kind Regards, Pete Avery Walter bete Avery Vice )President Administration pavery@mckinleybuilding com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910.395.6036 (F) 910.395,6605 www.mckinleybuilding.com From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.ciov] Sent: Monday, February 02, 2015 11:44 AM To: Pete Avery Cc: ipetroff(a)CLDeng.com; Ken Dull; Brandon Lisk Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Mr. Avery, What is the status of this project? it came in almost five months ago, and so I need to work towards getting this completed so that it can be transferred. If you do not anticipate that it will be finished in the near future I will return the transfer application. Thanks, Kelly From: Pete Avery [mailto:PAvery@mckinleybuilding.com] Sent: Tuesday, December 30, 2014 10:31 AM To: Johnson, Kelly Cc: jpetroff(d)CLDeng.com; Ken Dull; Brandon Lisk Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Ms. Johnson, I don't have a clear status report to provide. I will contact the site contractor (MSB Development) to see if he completed what needed to be done. Once I hear from him I will contact you with an official update. Regards, Pete Avery Walter bete Avery Vice President Administration pavery@mckinleybuilding com McKinley Building Corporation 3807 Peachtree Aventie Suite 200 WiliningCoi3, NC 28403 (P) 910.395.6036 (F) 910.395.6605 www.mckinleybuilding.com From: Johnson, Kelly [mailto:kelly_p.johnsonCatncdenr.gov] Sent: Tuesday, December 30, 2014 10:15 AM To: Pete Avery Cc: jpetroff(o)CLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Mr. Avery, I am just checking on the status of this one. Thanks, KJ From: Johnson, Kelly Sent: Thursday, November 13, 2014 1:36 PM To: 'Pete Avery' Cc: Scott, Georgette; jpetroff(a)CLDenq com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Mr. Avery, Just let me know what the status is and we will work things out. Thanks, KJ From: Pete Avery [mailto:PAvery@mckinleybuilding.com] Sent: Thursday, November 13, 2014 1:35 PM To: Johnson, Kelly Cc: Scott, Georgette; jpetroff(KLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Ms. Johnson, A quick side bar: I cannot guarantee completion of the subject by December 11"'. However, in the event I can't I would hope I would be given more time. Thanks Pete Avery Walter Fete Avery Vice President Administration pavery@ mckinl eyb uildi ng.com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910.395,6036 (F) 910.395.6605 www.mckinleybuilding.com From: Johnson, Kelly [mailto:kelly_p.johnson(&ncdenr.ciov) Sent: Thursday, November 13, 2014 10:49 AM To: Pete Avery Cc: Scott, Georgette; jpetroff@CLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Thanks Mr. Avery. We will extend the deadline to 12/11/14. Kelly From: Pete Avery [mailto:PAvery@mckinleybuilding.com] Sent: Tuesday, November 11, 2014 10:55 AM To: Johnson, Kelly Cc: Scott, Georgette; jpetroff(a)CLDen_g com; Ken Dull Subject: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Per the attached letter and Compliance Report you sent Mr. Dull, I am writing on his behalf to let you know that actions are underway to address compliance for the subject. Thus far, the consulting engineer has been engaged and he has inspected the site. His inspection revealed a couple of things that need to be done before he would be in a position to provide a final certification. The actions required involve some modifications to the riser structure, which will take some time because a site contractor will have to be hired to perform the work. However, it is estimated that the riser modifications might be completed within the next 30 days. I trust this email notice is sufficient for informing your Office of pending actions to be taken on this issue. Regards, Pete Avery Walter Pete Avery Vice President Administration pavery0mckinleybuilding.com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910,395.6036 (F) 910.395.6605 www.mckinleybuildinia.com 4 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, December 30, 2014 10:15 AM To: 'Pete Avery' Cc: 'jpetroff@CLDeng.com'; 'Ken Dull' Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Mr. Avery, I am just checking on the status of this one. Thanks, KJ From: Johnson, Kelly Sent: Thursday, November 13, 2014 1:36 PM To: 'Pete Avery' Cc: Scott, Georgette; ipetroff@CLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Mr. Avery, Just let me know what the status is and we will work things out. Thanks, KJ From: Pete Avery [mailto:PAvery(a)mckinleybuilding.com] Sent: Thursday, November 13, 2014 1:35 PM To: Johnson, Kelly Cc: Scott, Georgette; jpetroffC@CLDencl.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Ms. Johnson, A quick side bar: I cannot guarantee completion of the subject by December 111". However, in the event I can't I would hope I would be given more time. Thanks Pete Avery Walter Fete Avery Vice President Administration navery@mckinleybuilding.com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910.395.6036 (') 910.395,6605 www.mckinleybuilding.com From: Johnson, Kelly [mailto:kelly.p.johnson(a)ncdenr.gov] Sent: Thursday, November 13, 2014 10:49 AM To: Pete Avery Cc: Scott, Georgette; ipetroff@CLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Thanks Mr. Avery. We will extend the deadline to 12/11/14. Kelly From: Pete Avery [mailto:PAvery@mckinigybuilding.com] Sent: Tuesday, November 11, 2014 10:55 AM To: Johnson, Kelly Cc: Scott, Georgette; ipetroff@CLDeng.com; Ken Dull Subject: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Per the attached letter and Compliance Report you sent Mr. Dull, I am writing on his behalf to let you know that actions are underway to address compliance for the subject. Thus far, the consulting engineer has been engaged and he has inspected the site. His inspection revealed a couple of things that need to be done before he would be in a position to provide a final certification. The actions required involve some modifications to the riser structure, which will take some time because a site contractor will have to be hired to perform the work. However, it is estimated that the riser modifications might be completed within the next 30 days. I trust this email notice is sufficient for informing your Office of pending actions to be taken on this issue. Regards, Pete Avery Walter Fete Avery Vice President Administration pavery@mckinleybuilding com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910.395.6036 (F) 910.395.6605 www.mckinleybuilding.com Johnson, Kelly From: Johnson, Kelly Sent: Thursday, November 13, 2014 10:48 AM To: 'Pete Avery' Cc: Scott, Georgette; jpetroff@CLDeng.com; Ken Dull Subject: RE: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Thanks Mr. Avery. We will extend the deadline to 12/11/14. Kelly From: Pete Avery [mailto:PAvery0mckinleybuilding.com] Sent: Tuesday, November 11, 2014 10:55 AM To: Johnson, Kelly Cc: Scott, Georgette; jpetroffOCLDeng.com; Ken Dull Subject: Notice of Inspection - Non Compliant, Ferguson Distributors, Permit No. SW8 070319 Per the attached letter and Compliance Report you sent Mr. Dull, I am writing on his behalf to let you know that actions are underway to address compliance for the subject. Thus far, the consulting engineer has been engaged and he has inspected the site. His inspection revealed a couple of things that need to be done before he would be in a position to provide a final certification. The actions required involve some modifications to the riser structure, which will take some time because a site contractor will have to be hired to perform the work. However, it is estimated that the riser modifications might be completed within the next 30 days. I trust this email notice is sufficient for informing your Office of pending actions to be taken on this issue. Regards, Pete Avery Walter Fete Avery Vice President Administration pavery0 m ckinl eybuilding. com McKinley Building Corporation 3807 Peachtree Avenue Suite 200 Wilmington, NC 28403 (P) 910.395.6036 (F) 910.395.6605 www.mckinleybuilding.com A ® WA RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 14, 2014 Mr. McKinley Dull, Manager Hwy 421 Properties, LLC 3807 Peachtree Ave., Suite 200 Wilmington, NC 28403 Subject: Notice of Inspection — Non Compliant Ferguson Distributors Permit No. SW8 070319 New Hanover County Dear Mr. Dull: John E. Skvarla, III Secretary On October 14; 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Ferguson Distributors in New Hanover County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070319 issued most recently on October 8, 2010. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the Designer's Certification must be finalized. The enclosed certification dated April 20, 2010 says that the pond's certification needed to be finalized after Phase II was constructed. Since Phase II has been built, the certification needs to be finalized. The infiltration trench also needs to be certified. Please inform this Office in writing before November 14, 2014, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by November 14, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7331 or via email at kelly.p.johnson@ncdenr.gov. enc: Compliance Inspection Repport PE Certification, April 20, 2010 DS\kpj: G:\WQ\Shared\Stormwater\Permits & Projects\2007\070319 HD\201410 CEI_deficient 070319 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004 Compliance Inspection Report Permit: SW8070319 Effective:10/08/10 Expiration: 08/08/21 Project: Wolseley NA US Hwy 421 Project formerly Ferguson Distributors Owner: Highway 421 Properties LLC County: New Hanover Adress: 3881 US Hwy 421 N Region: Wilmington City/State/Zip: Wilmington NC 28401 Contact Person: Walter Avery Title: Phone: 910-359-6036 Directions to Project: Go west across the Isabel Holmes Bridge. Turn left at stop light onto 421 North. Project is on left ust north of the 1-40 ramp. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - 2- On-Site Representative(s): Related Permits: SW8050217 Cape Fear Investment and Development LLC - 421 Industrial Park Inspection Date: 10/14/2014 Entry Time: 01:OOPM Exit Time: 03:OOPM Primary Inspector: Kelly Johnson Phone: 910-796-7331 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 10 Not Compliant Question Areas: in State Stormwater (See attachment summary) Inspection Type: Transfer Renewal page: 1 Permit: SW8070319 Owner - Project: Highway 421 Properties LLC Inspection Date: 10/14/2014 Inspection Type Transfer Renewal Reason for Visit: Routine File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ E00 Signed copy of the Operation & {Maintenance Agreement is in the file? 11 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ Min Comment: The April 20 2010 Designer's Certification on file says that the wet pond was still being used as a sediment basin and that the riser would need to be modified after Phase II was complete. Phase II has been constructed and the final certification is needed. The certification for the infiltration trench is also needed. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: Certification needed. 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: Certification needed. 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 ❑ ❑ ❑ IN DWQ upon request? Comment: page: 2 C Johnson, Kelly From: Conway, Jean Sent: Monday, October 13, 2014 9:51 AM To: Johnson, Kelly Subject: Ferguson Distributers Kelly, I do not find any permits under the names you gave me. We only keep files for one year after they close and it appears that there is nothing under any of those names in our database. Here is the language that we send our when we close out a file after the site is stable and permanent vegetation has been established. Hope this helps. Jean "Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring .or self - inspections are required. Project is released and coverage under NPDES General Stormwater Permit for Construction Activities is terminated." a�. s Casmer, Jo From: Casmer, Jo Sent: Monday, September 22, 2014 3:33 PM To: Conway, Jean gean.conway@ncdenr.gov) Subject: Help We had someone submit an incorrect form for an ownership change on a Stormwater permit; they sent in the NPDES change form for the NCG01000 permits. After he sent in the correct SW form, Georgette gave both to me and said we should change both permits —1 tried to explain to her that we don't do anything here with the construction permits, that it was done in Raleigh.....that's correct, right? it looks like the form has bounced up to Raleigh TWICE as I think they don't even bother looking at it, cuz it has Georgette's name on the top so they just keep sending here. Jo Casmer Administrative Assistant IV NC Department of Environment & Natural Resources Division of Environmental Assistance & Customer Service 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7336 Fax: (910) 350-2004 Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disdosed to third parties cornpreteness Kevievu Lnecmnsi Project Name: , 2 _ ( r,, Received Date: 5,0�F2Z 1 -Project Location: Accepted Date: f� Rule(s) 11 2008 Coastal LJ1995 Coastal Phase II (WiRO) Universal El 1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): 6 '763(19 OPECerton File? ®ensity ..;-.HD.----.. or.......Lp_ . _TYpe .., -comma.rcial.=—or--=-=_Residential_—__ _NCG - _.., %: {% OK?) Stream Class: SA Map Offsite to SW8 Subdivided?: Subdivision or Single Lot JORW Map MExempt Paperwork Emaled Engineer on: Supplements) (1 original per BMP) BMP Type(s): 0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures Deed El Corp or LLC: Sig. Auth. per SoS or letter Email Address: Design Engineer L_J$505 (within Smo) El Email Address: Owner 0Soils Report with SHWT Note to Reviewer: Calculations (signed/sealed) r. No obvious errors 4 0 d Density includes common areas, etc 13 Deed Restrictions, if subdivided: C,d Signed & Notarized ElCorrect Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans 2 Sets LiDetails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Li Vicinity Map ULayout (proposed BUA dimensions) Legend DA Maps Project Boundaries Infiltration Wet Pond Offslte Soils Report USoils Report U PE Cert for Master Lot #: SHWT: SHWT: UDeed Rest for Master El Lot # Matches Master Bottom: ' 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) 421 N VIA-K 1VC 3 7 � Ammo, :0516 August 27, 2014 Ms. Georgette Scott Environmental Program Supervisor NCDENR-Wilmington Regional Office 127 Cardinal Drive Extension Wilmington NC 28403 SEEP 9 47014 13 ..— RE: STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM PERMIT NUMBER: SW8 070319 Dear Ms. Scott I, Walter Pete Avery, am submitting the attached properly executed STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM on behalf of the CURRENT PERMIT HOLDER, HWY 421 Properties, LLC and the PROPOSED PERMITTEE, WIL FERGIE, LLC. Because this is a change in ownership of the realty applicable to the permit, a copy of the Warranty Deed is provided to satisfy the legal documentation required. Do not hesitate to contact me at the number above with any questions or if additional documentation of the transfer of the property is needed. If you need to send an email, my address is pavery@mckinleybuilding.com Walter Pete Avery Authorized Representative HWY 421 Properties, LLC CC. McKinley D. Dull James I. Anthony, Jr. Attachments uurio�ao��iunNnu;di2013008295 FOR REGISTRATION P.EGISTER OF DEEDS TOMMY THEUS_H BEASLEY NEW HANOVER COUNTY, NG 2013 MAR 07 04:16:10 PM MUM PH-10 PEE:$26.00 NC REV STPMP:$11,211.00 ROOM � KiNNY RETURN 1 Q C-AW'Alr%n I U ..)axis PREPARED BY: YOGI, FOX & MANNEN, POBOX 479, WILMINGTON, NC 2a402 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $11,211.00 Tax ID No.: R03200-001-034-000 "This instrument prepared by: Douglas A. Fox, a licensed North. Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds." Preparer has been informed that this is not the primary residence of the Grantor Preparer of this document has made no title exansination and makes no representation or certifications as to any matters affecting title. WARRANTY DEED TIES DEED, made this 23th day of February, 201 �a That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of New Hanover and State of North. Carolina, and more particularly described as follows: Tract One: BEING all of Tract C-1, consisting of 9.00 acres, shown on plat for "Hwy 42 f Properties, LLC", dated December 18, 2012 and recorded in leap Book 57, Page 231, New Hanover County Register of Deeds, -reference to which is hereby made for a more particular description. Tract Two: EYEING all of Tract ryD,�consisting of 5.00 acres, as shown on plat entitled 6CI Y ISTA S.A.R.L. Division TRACTS Y S " A 9f9 "B", 64(' ", 6 D", dated September, 2004 and recorded in Map Book 46, Page 325,INew Hanover County Register of Deeds, 11 SEt � , 9 reference to which is hereby made for a more particular description. Both Tracts together with and subject tothe rights and obligations forth in that certain. Cross Access Easement and Maintenance Agreement;_ TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, an all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and fee and clear of all encumbrances; and that Grantor will warrant and defend title againstthe lawful claims of all persons whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (A) subject to County and Local Zoning Ordinances; (l3) subiectto standard easements forutilities; (C) restrictive covenants of record, if any; (D) ad valorem taxes for current year. — - ,__e___<._— r__ a --A 0.....P= ae „earl harP.yn .qT,al1 include said Darties, their heirs, IN WITNESS VMEREOF, the said Grantor has hereunto set his hared and seal, or if corporate, has caused this instirunent to be signed in its corporate na-ne by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. *^ datedFebruary 27, 2013, executed by Hay 421 Properties, LLC and recorded March -'T , 2013. 7Al VX� � A PER llES9 r�7� A, 4cKinley D. Dui!', Manager STATE OF �f wh b roii Aia, COUNTYOF Cd 40M) I, Lon, n , Le w i S the usa_dersigned lJotaryPublic of the County and State aforesaid, do hereby certify that. MeMaley I > Dell, is the Manager of "VY 421 PROPER -TIES, LL', and that he personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness nay hand and seal, this a3 day ofT �I lqt� , 2013. ' Notary Public New Hanover Couniy �C Commission Expires: (Notarial oar: t TAMMY THEUSCH BEASLEY HPA U A REGISTER OF DEEDS, N'EW INIOVER 216 NORTH SECOND STREET WILMINGTON, NC 208401 Filed For Registration: 0310712013 04:16:18 PM Book, RE 5713 Pagea 84D Document No.- 2013008295 3 PGS $26M NC REAL ESTATE EXCISE TAX: $11,211.00 Recorder. CPESVVELL, ANDREA State of Hoeti-i Carolina, County of New Hanover U11 P iii Scott, Georgette From: Scott, Georgette Sent: Thursday, August 21, 2014 10:35 AM To: pavery@mckinleybuilding.com Subject: application to transfer State Stormwater permit SW8 070319 Attachments: SSW-NAME-OWNER-CHANGE-20120924-DWQ-SPU[1 ].pdf Mr. Avery, Attached is the application to transfer this permit. I already have a copy of the deed for the new owner, but I will need this filled out and I need the original with the original signatures for you and the new proposed permittee. Please send this application in to the Wilmington office, Attn: Georgette Scott. Just to let you know, the state Stormwater program is not under the Water Quality Division anymore. We are now under the Division of Energy, Mineral and Land Resources (DEMLR). So please make sure you send this (old) application to my new division address below. If you have any questions let me know. A first transfer is free and once we receive the application we will inspect to make sure it is in compliance before we transfer. Thank you Georgette Scott. Stormwater Program Supervisor State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7339 Fax (910) 350-2004 E-mail correspondence. to :urd fi-om dais address may be subject to -tie North Carolina Public Records Law and may be disclosed to third parties. LO, dj WAI AIII_� �''Zmt HWY421 Properties, 11C 3807 Peachtree Avenue, Suite 200 Wilmington NC 910-395-6036 Sent Via Certified Mail 1612 Mail Service Center Raleigh NC 27699-1612 The attached cover -letter, completed Permit Name/Ownership Change Form and supporting legal information evidencing the sale of the property to another party or entity, was mailed to the Division of Mineral and Land Resources on April 23, 2014. To date, I have not been contacted by anyone and wanted to know when I can expect notification that the application contained in the information provided will be processed if not already. ( Li j I 3ENK WAA-A, OUXEIT-V IYI�YYIflbII�ieInllYll2013008295 FOR TMTHSCESEof DEEDS AMYTEUHBALY NEW HANOVER COUNTY, NC 2013 MAR 07 04:16:18 PM BK:6718 PG:84 FEE:$26.00 NC REV STAMP:$11,211.00 IN9IRUN91 � 2013009199 RETURN TO CAW IArin I F-W a.rdr PREPARED BY: YOW, FOX & MANNEN, PO BOX 479, WILMINGTON, NC 28402 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $11,211.00 Tax ID No.: R03200-001-034-000 "This instrument prepared by: Douglas A. Fox, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds." Preparer has been informed that this is not the primary residence of the Grantor Preparer of this document has made no title examination and makes no representation or certifications as to any matters affecting title. THIS DEED, made this 28th day of February, 201 WiTNESSETH: That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of New Hanover and State of North Carolina, and more particularly described as follows: Tract One: BEING all of Tract C-1, consisting of 9,00 acres, shown on plat for "Hwy 421 Properties, LLC", dated December 18, 2012 and recorded in Map Book 57, Page 231, New Hanover County Register of Deeds, reference to which is hereby made for a more particular description. Tract Two: BEING all of Tract D, consisting of 5.00 acres, as shown on plat entitled "INVISTA S.A.R.L. Division TRACTS "A", `B", "C", "D", dated September, 2004 and recorded in Map Book 46, Page 325, New Hanover County Register of Deeds, reference to which is hereby made for a more particular description. Both Tracts together with and subject tothe rights and obligations set forth in that certain Cross Access Easement and Maintenance Agreement** TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, an all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all encumbrances; and that Grantor will warrant and defend title against the lawful claims of all persons whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (A) subject to County and Local Zoning Ordinances; (B) subject to standard easements for utilities; (C) restrictive covenants of record, if any; (D) ad valorem taxes for current year. Thn decianation Grantor and Grantee as used herein shall include said parties, their heirs, IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. ** datedFebruary 27, 2013, executed by Hwy 421 Properties, LLC and recorded March -�f , 2013. STATE OF �oR�h brojjA)al COUNTY OF C) 4040000 I, LOW A. Levgfs the undersigned Notary Public ofthe County and State aforesaid, do hereby certify that McKinley I . Dull, is the Manager of HWY 421 PROPERTIES, LLC, and that he personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and seal, this _M�-day of t b9UQ Z 2013. NOTARY PUBL Notary Public New Hanover county Commission Expires: fL� D 1.3 (Notarial94% �� U O)NTY'� 10 0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 V.ORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 0310712013 04.16:18 PM Book: RE 6718 Page: 8-10 Document No.: 2013008296 3 PGS $26.00 NC REAL ESTATE EXCISE TAX: $11,211.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover 06% 20' 13 11: 2 19" 5 4* UUT1111196M COPY 05460366 6 April 23, 2014 Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh NC 27699-1612 Re: Permit Name/Ownership Change Form-Stormwater Permit To Whom It May Concern, I, Walter Pete Avery, am submitting on behalf of the Permittee, HWY 421 Properties, LLC and the Applicant, WIL FERGIE, LLC, the attached executed Permit Name/Ownership Change Form. Because this is a change in ownership of the realty applicable to the stormwater permit, a copy of the Warranty Deed is provided to satisfy the legal documentation required. Do not hesitate to contact me with any questions or if additional documentation of the transfer of the property is needed. cc. McKinley D. Dull James I. Anthony, Jr. Attachments i�rA 4w/ ..? ' _ �� CA201407302597 SOSID: 1292684 -Date Filed: 3/14/2014 4:21:00 PM Elaine F. arshal LIMITED LIABILITY COMPANY -ANNUAL R1 North Carolina secret rylof State a NAME OF LIMITED LIABILITY COMPANY: Wil Fergie, LLC CA2014 073 02597 SECRETARY OF STATE ID NUMBER: 1292684 STATE OF FORMATION: NC Filing Office Use Only REPORT FOR THE YEAR: 2014 SECTION A: REGISTERED AGENT'S INFORMATION E] Changes 1.NAME OF REGISTERED AGENT: James I. Anthony, Jr. 2.SIGNATURE OF THE NEW REGISTEREDAGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED OFFICE STREET ADDRESS & COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 702 Oberlin Road, Suite 400 702 Oberlin Road, Suite 400 Raleigh, NC 27605 Wake Raleigh, NC 27605 SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment 2.PRINCIPAL OFFICE PHONE NUMBER: (919) 832-1110 4.PRINCIPAL OFFICE STREET ADDRESS & COUNTY 702 Oberlin Road, Suite 400 Raleigh, NC 27605 Wake Privacy Redaction 3.PRINCIPAL OFFICE &PRINCIPAL OFFICE MAILING ADDRESS 702 Oberlin Road, Suite 400 Raleigh, NC 27605 SECTION C: COMPANY OFFICIALSIORGANIZERS(Enter additional Company Officials/Organizers in Section E.) NAME: James Anthony Jr TITLE: Manager ADDRESS: PO Box 10810 Raleigh, NC 27605 NAME: Lacy Presnell TITLE: Member ADDRESS: PO Box 10810 Raleigh, NC 27605 NAME: Zogreo, LLC TITLE: Member ADDRESS: PO Box 10810 Raleigh, INC 27605 SECTION D:. CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. SIGNATURE DATE Form must be sig a by a mpany Official/Organizer listed under Section C of this form. AID N/ J � • Print or Type Name of Company OfficiaVOrganizer fiTLE SUBMIT THIS ANNUAL REPORT MATH THE REQUIRED FILING FEE OF $200 MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626 0525 CA201305601566 SOSID: 0928943 Date Filed: 2/25/2013 11:19:00 AM LIMITED LIABILITY C Elaine F. Marshall North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: HWY 421 PROPERTIES, LLC CA201305601566 SECRETARY OF STATE ID NUMBER: 0928943 STATE OF FORMATION: NC Fftv Offim U• ody REPORT FOR THE YEAR: 2013 Seam : REGI TEERED AGENTS M1IFOR❑ Chwges I. NAME OF REGISTERED AGENT: McKinley D. Dull 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 3807 Peachtree Ave. Suite 200 Wilmington, NC 28403 New Hanover I - DESCRIPtION OF NATURE OFBUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE R: (910) 395-6036 . PRINCIPAL OFFICE STREET ADDRESS & COUNTY 3807 Peachtree Ave. Suite 200 Wilmington, NC 28403 New Hanover SIGNATURE CONSTiMES CONSENT TO THE APPOWNet ' 4. REGISTERED OFFICE MAILING ADDRESS 3807 Peachtree Ave. Suite 200 Wilmington, NC 28403 3. PRINCIPAL OFFICE EMAII Privacy Redaction S. PRINCIPAL OFFICE MAILING 3807 Peachtree Ave. Suite 200 Wilmington, NC 28403 SEC C: LWM(Enter additional Man a9ers/Members✓Organizers in Section E.) NAME: McKinley D Dull NAME: Robert Huckabee TITLE: Manager TITLE: Member 5 West Asheville Street ADDRESS: 1611 Castle Hayne Road Bldg. B Wrightsville Beack NC 28480 Wilmington, NC 28401 rl. `!T3 TITLE: ADDRESS: SECTION 0: Section D must be completed in its entirety by a person/businew entity. SlGNATUrb: Foon must be afgned by a M RAW under Secdon C of ft tarn. DATE` • 1 PdM or Type of mar" dMwdw ME li . rC;.1 Li :,a . _:. ;�'—aGa ,Ili. 1.� . ..��t ,�:...� i .I, �- •, ,�.e ,