Loading...
HomeMy WebLinkAboutSW8000120_Current Permit_20211022ROY COOPER Governor ELIZABETH S. BISER secretary BRIAN W RENN Director October 22, 2021 NORTH CAROLINA Envlramwntal Quality Shipyard Commons Retention, Inc. Attn: Mr. Adair Graham, President PO Box 3649 Wilmington, NC 28406 Subject: Permit Transfer/ Notice of Inspection State Stormwater Management Permit No. SW8 000120 Shipyard Commons Business Park New Hanover County Dear Mr. Graham: On February 12, 2019, the Wilmington Regional Office received a complete request to transfer the ownership of the subject state stormwater management permit under the provisions of 15A NCAC 02H. 1045{ 1)(a). DEMLR staff has inspected the project, reviewed the available documentation, and determined that the project is currently in compliance with the terms and conditions of the state stormwater permit. By signing the Name/Ownership Transfer form and Operation and Maintenance Agreement, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on October 22, 2021. A copy of the transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit. This permit shall be effective from the date of issuance until March 17, 2024. The project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. 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. [2i North Carolina Department ofEnvironmental Quality I Division of Energy, Mineral and Land Resources > Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 Id�{iiH G1R011NA � omrrmeatmo,wmm.rtei tiwer 910,746.7,216 State Stormwater Permit No. SW8 000120 Page 2 of 2 If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson in the Wilmington Regional Office, at (910) 796-7215 or Kelly.pjohnson@ncdenr.gov. Sincerely, .P Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment B — Built -Upon Area Allocation copy of the Permit Transfer Application Form copy of the signed and approved Operation & Maintenance Agreement copy of the certifications copy of the latest compliance inspection report DES/ kpj: \\\Stormwater\Pemuts & Projects\2000\000120 HD\2021 10 permit 000120 cc: Cameron Properties Land Company, LLC; previous permittee Mr. Bruce B. Cameron IV, Manager, PO Box 3649, Wilmington, NC 28406 Wilmington Regional Office Stormwater File lk North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources f -EQ Wilmington Regional Office I 127 Cardinal Drive Extension I Wilmington, North Carolina.28405 2&5w State Stormwater Management Systems Permit No. SW8 000120 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Shipyard Commons Retention, Inc. Shipyard Commons Business Park Comer of Shipyard Blvd & Independence Boulevard, Wilmington, New Hanover County FOR THE construction, operation, and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (DEMLR or Division) and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until March 17, 2024, 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 of this permit. The subdivision is permitted for 16 lots, each allowed a maximum of 81 % of the individual lot area as built -upon area. A reference built upon area (BUA) summary table is enclosed as Attachment B. 3. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 1,629,790 square feet of built -upon area. The wet pond has been designed to treat the runoff from 1,629,790 square feet of Built -Upon Area. 5. Each lot within the subdivision must submit a separate Stormwater Management Permit application package to the Division and receive an offsite permit prior to any construction on the lot. Page 1 of 7 State Stormwater Management Systems Permit No. SW8 000120 6. The following design parameters have been permitted for this wet detention pond stormwater facility and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces, ft2: 16 Lots at 81 % of the Lot Area ft2: Roads/Parking, ft2: Other, ft2: Offsite, ft2: c. Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Required Surface Area @PP, ft2: h. Provided Surface Area, ft2: i. Required Storage Volume, ft3: j. Provided Storage Volume, ft2: k. Temporary Storage Elevation, FMSL: I. Controlling Orifice, inches: m. Permanent Pool Volume, ft3 n. Forebay Volume, ft3: o. Maximum Fountain Horsepower: p. Receiving Stream / River Basin: q. Stream Index Number: r. Classification of Water Body: S. If Class SA, chloride sampling results: II. SCHEDULE OF COMPLIANCE 47.3 2,060,388 0 1,629,790 1,372,140 220,150 37,500 0 7.5 90% 1" 38.5 56,765 67,700 130,819 134,858 40.2 4"" 0 pipe 190,000 38,000 3/4 Hewlett's Creek / Cape Fear 18-87-26 "SA" (> '/ mile) 22.5 1. The facilities shall be constructed, operated, and maintained in accordance with the terms and conditions of this permit, the approved plans and specifications, and other supporting data as attached to and on file with the Division. 2. The runoff collection and conveyance measures shown on the approved plans shall not be filled in, altered, piped, removed, relocated, redirected, or regraded without the express written approval of the Division. 3. As allowed per that document recorded on November 29, 2018, in RB 6181 at Page 2398, the permittee has been assigned partial developer rights and obligations to enforce the built -upon area limits for each lot that is subject to the restrictive covenants. The permittee shall review all individual lot plans for compliance with the permitted maximum BUA limits and shall ensure that the runoff from all built -upon area is adequately collected and directed into the permitted facility. The plans reviewed must include all proposed built -upon area and proposed grading. 4. The permittee is responsible for monitoring the project's built -upon area on a routine basis to ensure that the built -upon area for the project and on each lot does not exceed the maximum allowed by this permit. The permittee shall notify any non -compliant owners in writing and shall require timely resolution. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 000120 5. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 6. The stormwater management system has been entirely constructed. The permittee shall operate and maintain the stormwater management system at design condition in accordance with the terms and conditions of this permit and as shown on the approved plans. 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area as reported on the application documents. d. Filling in, altering, piping, removing, relocating, redirecting or regrading of any runoff conveyance measure shown on the approved plan. e. The construction of any future BUA on any remaining undeveloped lots. f. The construction of any areas of #57 stone, permeable pavement or certain landscape materials for BUA credit, as per NCGS 143-214.7. g. Any other revisions as determined by the Director should require a modification to the permit. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the current project have been recorded showing all such required easements, in accordance with the approved plans. The recorded plats for all future lot development and/or further subdivision of lots must show all required easements and common areas affecting that lot. 9. As allowed per that document recorded on November 29, 2018 in RB 6181 at Page 2398, the permittee has been assigned partial developer rights and obligations to maintain, repair, replace, reconstruct, restore, clean and operate the permitted stormwater facility, and has the right and authority to assess each lot a fixed amount to pay the associated maintenance costs. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Plan which is incorporated by reference into this permit, must be followed in its entirety and maintenance must occur at the scheduled intervals. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 000120 11. The following deed restriction statements were recorded on November 21, 2000 and rerecorded on March 21, 2001 in DB 2898 at Page 1731 of the New Hanover County Register of Deeds and are incorporated into and an enforceable part of this permit. All numbered lots shown on the approved plans are subject to these covenants: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000120, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 81 % of the individual lot square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 12. During future lot construction, sediment shall be restrained on the lot by the use of adequately designed erosion control measures. Sediment shall be removed from the streets, inlets, piping and grassed swales as needed to maintain adequate conveyance of the design storm into the pond. 13. The pond was certified on May 30, 2001, by an appropriately licensed designer for the type of system installed certifying that the permitted facility was constructed in accordance with this permit, the approved plans and specifications, and other supporting documentation. 14. Permanent seeding requirements for the permitted stormwater control measures and vegetated runoff conveyance system, must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Prior to transfer of the permit to an HOA or POA, the stormwater facilities will be inspected by DEQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 000120 15. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, 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 and shall not cause erosion. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power fora fountain in this pond is 3/ HP. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Permit Transfer Application Form, accompanied by the supporting documentation and fee, to the DEMLR at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCAC 02H.1045 and Session Law 2011-256, c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; 2. The permittee shall submit a completed Permit Information Update Form to the Division at least 30 days prior to any one or more of the following events: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 3. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. 4. Any individual or entity found to be in noncompliance with the provisions of a stormwater permit or the requirements of the stormwater rules, is subject to enforcement action as set forth in North Carolina General Statute 143 Article 21. 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily, 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. Page 5 of 7 State Stormwater Management Systems Permit No. SW8 000120 7. 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. The Permittee grants permission to staff of the DEQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit transferred, updated, and reissued this the 22"d Day of October 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 5�; Brian Wrenn, Director ' Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 7 State Stormwater Management Systems Permit No. SW8 000120 Attachment B Summary of BUA for Shipyard Commons Business Park, SW8 000120 Built Upon Area (BUA) Lot # Permit # Master SW8 000120 Maximum Allowed BUA 1,629,790 Roads / SW 257,650 Lots @81% 1,372,140 Offsite Projects 1 SW8 970910 N/A does not drain to pond 211 SW8 010645 Crest Building 63,050 3,4,5,12 SW8 040214 Verizon Wireless 522,486 6 SW8180216 Intracoastal Internal Medicine 61,854 7 SW8 030820 Atlantic Orthopedics, P.A. 118,500 8 9 10 11 SW8 000210 The Cooperative Bank 26,153 12 See SW8 040214 13 14 SW8 000409 SECU 44,064 15A 15B Subtotal Offsite Permits 836,107 Amount BUA remaining for future development 536,033 Page 7 of 7 Operation & Maintenance Agrement Project Name: Project Location: Shipyard Commons Business Park Intersection of Shipyard Blvd & Independence Blvd Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a I Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immadiately affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & cc Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: ng O&M tables will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): g in a known set locatio These deficiencies can be added automatically): adjacent to Shipyard Blvd I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Adair M Graham, Jr. Title & Organization: President, Graham -Cameron Land, LLC Street address: 25 IMndependence Blvd Suite 2 City, state, zip: Wilmington, NC 28412 Phone number(s): 910-769-4648 Email: Aml -rp —A— Signature: Date: ad I, GG , a Notary Public for the State of County of do hearby certify that 4dAJL !%. 4Iriccl:Ao ot, personally appeared before me this _ V day of 3X and IF acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, 01� 66AA' o -0. DEBBIE B. B Nct wy Public New Hanover Co., North Ca My C01nMhWon Expires Od. .2018 ECIEIVELL JUL t f 2018 ev: Seal STORM-EZ Version 1.4 My commission expires O&M Manual 8/18/2017 Page 1 of 4 Vht won Pond Maintenance Requimments The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). _ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention - basin. _ If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The Inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ Version 1.4 C__ JUL 1 i 2018 ev: 8/18/2017 Page 2 of 4 O&M Manual Wet Detention Pond Maintenance ecru rernents(Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM-EZ 8/18/2017 Version 1.4 O&M Manual Page 3 of 4 Wet Detention PQn o 8wwmrj Wat Pand 0aora,71 WET POND ID FOREBAY MAIN POND Wet Pond Permanent Pool El. 38.5 Permanent Pool El. 38.5 Temporary Pool El: 40.2 Temporary Pool El: 40.2 Pretreatment other No Clean Out Depth: 5.6 Clean Out Depth: 5.6 than forebay? Sediment Removal El: 32.9 Sediment Removal El: 32.9 Has Vag. Filter? No Bottom Elevation: 31 Bottom Elevation: 31 ECEIVE JUL 1 1 2018 BY: STORM-EZ 8/18/2017 Version 1.4 O&M Manual Page 4 of 4 UtMLK USt ONLY Date Received Fee Paid Permit Number 0 �00 O 8 6001,20 NC DEQ Division of Energy, Mineral and Land Resources PERMIT FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc..ovlcontactlre.gional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president, • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor,• • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. .;�ENERZA L IkgF0RI r '!"10�=! 1. State Stormwater Permit Number: SW8 000120 2. Project name: Shipyard Commons Business Park Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Change in ownership. JUL 112018 BK— Stormwater Permit Transfer Application Form Page 1 of 7 April 21, 2017 ® 1. Both the current and proposed permittees. ❑ 2. Only the current permittee/declarant of a condominium or planned community (skip Part F & G). In accordance with G.S. 143-214.7(c2) Isee also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select all at least one of the following): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. RECEIVE-} JUL t t 2018 j E Stormwater Permit Transfer Application Form Page 2 of 7 April 20, 2017 .iv3i33I11i?"i'� o:C'E ek Please mark "Y" to confirm the items are included with this form. Please mark W" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. The signed and notarized applicable operation and maintenance agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. X 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2) (see also SL 2011-256), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (see also SL 2013-121), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. RECEIVE-... JUL 1 11018 Stormwater Permit Transfer Application Form Page 3 of 7 April 20, 2017 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1. Current Permit Holder's Company Name/Organization: 2. Signing Official's Name: Ancce. 8. (' vn ly. , 1' 3. Signing Official's Title: /�fQy� Qrr 4. Mailing Address: AV. '3647 City: 4_ /pm, ")c r,1n State: � ZIP: ' 5. Street Address: l - a Q /cn Ae4de Road City: State: �_ ZIP: �Gf 6. Phone: 1d6 U_ Email: 1, % gw— /A• r v,zsn _7 , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) the most recent permit; EK the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: /fs t g -- Date: ®% 2 ,Zl L I,s that County of a Notary Public for the State of do hereby certify personally appeared before me this the day of � 201, and acknowledge the due exrPTl'up O. orgoing instrument. Witness my hand and official seal, e /I)) to sk 4TAhY Q� _ O FF I E PUBLIC - JUL 112018 N`ry Signa r. V :,;� cry � �'C � BY. N1Y'1, :!` xpires—� Stormwater Permit Transfer Application Form Page 4 of 7 April 20, 2017 E. PROPOSED PERMITTEE INFORMATION 9. The proposed permittee is the: Property owner (skip Part G) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (skip Part G) LI Lessee (Attach a copy of the lease agreement. Both the lessee and the property owner will appearvn the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property owner.) LI Purchaser (Attach a copy of the pending sales agreement the permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner.) ❑ Developer (Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner.) 2. Proposed penmittee name (check one of the following and provide the name): C] Corporation, LLC, Partnership, Municipality name: ❑ HOA / POA / UOA name: [1 Sole Proprietor����� 3. Proposed permittee contact Information: a. Signing Official's Name: ;,- b. Signing Official's Title: c. Mailing Address: City: r. ;•�, State: % w� ZIP . IV` l �? d. Street Address: City: 5;; ti... State: _ ZIP_ e. Rhone (:. ) — '' iEmail: .c 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: a. Management Company or Business name: b. Contact Name: _ Title: c. Mailing Address: d. City: e. Phone: Email: _ ___,State: — ZIP: P .; :EIVE NOV 3 0 2013 TC; _ sfei Arp ,.,;?`. ''- ' .ri 1rM s :�r:r f`=:, : 5 of r �`,ns9! 20. `s,01.' F. PROPOSED PEMVVI T IFEE CERIIFICIATiOlfll I, Q41r M. GrAin 13r. , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): the most recent permit; the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; j� the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report /f checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written `plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved pi s; and I will {const c , er a and maintain the approved stormwater management system pursuant to quireme is [is in he it and in the operation and maintenance agreement. Signature: Date: C%\ I, W G.jh a(Notary Public for the State of _ 4 . , County of / &41 AQ/'1Wtoe do hereby certify that Adair M - personally appeared before me this the !ZW day of !:5GQ(. 20 17 , an acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature 046&t, �.-3&0&VN My commission expires /44 i 'A0/ei DEBBIE B. BROWN Notwy Public New Hanover Cc, Noah Camft MY Comniieeion Euplree Oct. 27, 2018 CECIVE . JUL 1 1 20!3 i P_Y* Stormwater Permit Transfer Application Form Page 6 of 7 April 20, 2017 f°` +'35a�. �it:.l'''���.JHr 1�1�6,,, ``}1��!".�,�rri� 1 yr*iif �' 'O�j ,.°�_� '�_�.` },� j/'�•�1 Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone: ( ) Email: State: ZIP: I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Attachment B will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: a Notary Public for the State of County 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) Notary Signature My commission expires RECEeVE JUL 1 12018 Stormwater Permit Transfer Application Form Page 7 of 7 April 20, 2017 State Stormwater Management Systems Permit No. SW8 000120 Shipyard Commons Business Park Stormwater Permit No. SW8 000120 New Hanover County Designer's Certification Page 1 of 2 I, cz>- as a duly registered wP>G7 in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for L Zvi, t� a.�"�1�r� (Project Owner) hereby state that, to the best ofmy abilities, due care and diligence was used in the observatin of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: 100,60. CAR .44610, 50 ' 0 ] a 5E AL % 20007 = % � r I � •:NGI NE�'r'��'J. • o• S0 HOB' Signs Registration Number e=C]7- Date HWOVER DE ON SERVICES. PA 319 WALNUT STREET iffiLMINGTON NO 28NOt _....r.i� Cs SLa ,ti•, en., 04 " Loa_4c.C. QLCa.k. �s s -D � Q . SE �Pb-k� E Q.S C` S2aC.� 6CZ S tom, CLtlla -fr.�c� `� r--�e s ciAA-t';c 12(cA5 S wu-LS-f 69- I mu Ra ;7IIt3':1�+ AUG 0 6 2009 7 State Stormwater Management Systems Permit No. SW8 000120 Certification Requirements: Page 2 of 2 '.�1. The drainage area to the system contains approximately the permitted acreage. U-""-2. The drainage area to the system contains no more than the permitted amount of built -upon area. ✓3. All the built -upon area associated with the project is graded such that the runoff drains to the system. ✓4. The outlet/bypass structure elevations are per the approved plan. ----'5. The outlet structure is located per the approved plans. ✓ 6. Trash rack is provided on the outlet/bypass structure. '-�7. All slopes are grassed with permanent vegetation. ✓ 8. Vegetated slopes are no steeper than 3:1. EK'CT + ctS S ��?uT�► ____"9. The inlets are located per the approved plans and do not cause short-circuiting of the system. ­-1-0. The permitted amounts of surface area and/or volume have been provided. .% 11. Required drawdown devices are correctly sized per the approved plans. —"-1-2-. All required design depths are provided. •/� 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. ✓�14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspector t �r t lC''�j2al �.� 0� �• 3d - 0 � _�t.SL 6�SJ�.42Q.c.� I vt.-t��, �J -- 6vt t4� 4tt_i=s act. t �.-� -�u. Csvvi_FC tcmc,=,� v GiSCa> tOLA_ ssC -{ 0.Ue.4 %%,L 'Rtaa- 0,92a v A�LA. E.3 �3 ��IIIIIIII l!��IlIIII II jj ����IIIIIIIIII IIII IIII IIII��``IIIIIIII ��<<��� 2004021204 FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CHRISTIAN NEW HANOVER COUNTY, NC 2004 APR 28 09:37:22 AM BK : 4294 PG: 537-551 FEE : $53.00 INSWEN1 # NN02129 NORTH CAROLINA FIRST AMENDMENT TO DECLARATION OF COVENANTS, NEW HANOVER COUNTY CONDITIONS AND RESTRICTIONS FOR SHIPYARD COMMONS THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHIPYARD COMMONS (this "Amendment"), is made and entered into as of March 25, 2004, by and among CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership ("Developer"); SHIPYARD COMMONS, LLC, a North Carolina limited liability company ("Shipyard LLC"); ATOR PROPERTIES, LLC, a North Carolina limited liability company ("ATOR"); and STATE EMPLOYEES CREDIT UNION, a corporation ("Credit Union"). WITNESSETH: WHEREAS, Developer entered into that certain Declaration of Covenants, Conditions and Restrictions for Shipyard Commons, recorded in Book 2837 at Page 895 and re -recorded in Book 2898, Page 1731 of the New Hanover County, North Carolina Registry (the "Declaration'; and WHEREAS, the property encumbered by the Declaration (the "Property') continues to be owned by Developer except that (i) Lot 2 as shown on map recorded in Map Book 40 at Page 279 of the aforesaid Registry is owned in fee simple by Shipyard LLC; (ii) Lot 7 as shown on map recorded in Map Book 44 at Page 177 of the aforesaid Registry is owned in fee simple by ATOR; and (iii) Lot 14 as shown on map recorded in Map Book 40 at Page 109 of the aforesaid Registry is owned in fee simple by Credit Union; and WHEREAS, the parties hereto desire to amend the Declaration in certain respects as hereinafter set forth pursuant to Section 4 of Article X of the Declaration; NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) in hand paid, the mutual covenants and agreements set forth herein and other good and valuable consideration, all of which each party agrees constitutes sufficient consideration received at and before the execution hereof and notwithstanding any provisions of the Declaration to the contrary, the parties hereby agree as follows and all provisions of the Declaration shall be interpreted in accordance with the following: 1. Definitions. Except as otherwise provided in this Amendment, capitalized terms used in this Amendment have the same meaning as in' the Declaration. SAWN BY RE[URNED TO 1 eI iT1U kss 2. Amendment of Declaration. The Declaration is hereby amended as follows: (a) Paragraph 4 of Article I is hereby deleted and the following substituted in lieu thereof: 4. Common Areas shall mean the existing stormwater retention pond, more particularly described on Exhibit A attached hereto, until such time as the same may be accepted for maintenance by the City of Wilmington, and the existing private driveways, more particularly described on Exhibit B attached hereto, until such time as the same may be dedicated and accepted as a public right of way. If a portion of the private driveways described on Exhibit B is dedicated and accepted as a public right of way, the remainder of such private driveways shall continue to be Common Areas until such time as the same may be dedicated and accepted as a public right of way. (b) Paragraph 2 of Article VII is hereby deleted and the following substituted in lieu thereof: 2. Purpose of Assessments. The assessments levied by the Developer shall be used to pay (i) the costs associated with enforcing this Declaration and (ii) the ongoing costs of the maintenance, repair, replacement, reconstruction, restoration, cleaning and operation of the (a) Common Areas (including landscaping and fencing), (b) security devices/facilities installed by Developer and (c) street Iighting for the Development and the cost of labor, equipment, materials, management and supervision for and security services in protection of the same. The foregoing costs may include legal expenses, administrative costs, accounting costs, insurance premiums, the payment of utility bills relating thereto (including water and electric power for the irrigation and lighting systems) and management fees. The Developer shall expend its own funds for the initial installation of the Common Areas and the lighting and any security devices/facilities that may be installed and shall levy assessments only for the maintenance, repair, replacement, reconstruction, restoration and cleaning thereof caused as a result of normal usage or casualty thereof. The Developer shall estimate the costs of performing its responsibilities under this Paragraph and shall set forth the same in the annual budget or amended annual budget adopted by the Developer. (c) Paragraph 4 of Article VIl is hereby amended to delete the word "construction" in the fifth line thereof. (d) Paragraph 5 of Article VII is hereby deleted and the following is substituted in lieu thereof: 5. Uniform Rate of Assessments. The Assessments must be fixed at the same amount for each square foot of each Lot and of the remaining property in the Development which has not yet been shown as a Lot upon a map recorded in the New Hanover County Public Registry (so that the assessment for each Lot and the remaining property in the Development shall be proportionate to its square footage) and may be collected on a monthly basis. Provided, that if any property in the Development is or becomes a public street or a municipal or public easement or facility, or becomes Common Area under the provisions of this Declaration, then no Assessments shall be payable with respect to such property after it becomes such a street, easement, facility, or Common Area. Provided further, in the event that maintenance, repair or replacement of any part of the Common Areas, the lighting facilities or the security devices/facilities is caused through the willful or negligent act of an Owner, its guests or invitees, the cost of such maintenance, replacement or repairs shall be added to, and become a part of, the Assessment to which such Owner's Lot is subject. 3. Restatement. Except as hereby specifically amended, modified or supplemented, the Declaration and all other agreements, documents, and instruments related thereto are hereby confirmed and ratified in all respects and shall remain in full force and effect according to their respective terms. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the date first above written. CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership (SEAL) r By: EAL) Name: IScott Sullivan Title: General Partner By:_ � � d� OfSEAL) Name: Louise C. Graham Title- General Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 2 )A2 &SSA k1 4 Kl, n WA le- , a Notary Public in and for said County and State, do hereby certify tha�cott Sullivan, Louise C. Graham and Jabe V. Hardee, General Partners of CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina limited partnership (the "Limited Partnership"), personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the Limited Partnership. WITNESS my hand and notarial seal this the day of 2004. VAR? Notary Publi yS•.4 NIL., . " Expires: 3/ " a..r_.�h SHIPYARD COMMONS, LLC, a North Carolina limited liability com y (SEAL) r) - Thomas L. J§fackstone Manager By:X'- AL) Michael ktuzma j17, _ By: (SEAL) William B. Adams, III Manager STATE OF '�VOAkk CA✓& f i v\G_ COUNTY OF %; Q►� t Ca+h�1i!!,r I Ly r, t 4 �t,�5 , a Notary Public, do hereby certify that Thomas L. Blackstone, Michael J. Ku zma and William B. Adains, III, each a Manager of SHIPYARD COMMONS, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged that they are Managers of said limited liability company and that by authority duly given, and as the act of the limited liability company, the foregoing instrument was signed in its name by there as such Managers. WITNESS my hand and official seal this 911 day of ri , 2004. (-AA� �k cauz� Notary Public My Commission)IDS Expires: alai JNOTARIAL SEAL] w 4 ATOR PROPERTIES, LLC, a North Carolina limited liability company By: _ 4 L-/ Name: A4i' Its Manager STATE OF NL rk COUNTY OF v,u va I -KG +t' , a Notary Public, do hereby certify that ,,rk Manager ofATOR ROPERT ES, LLC, a North Carolina limited liability company, personally appear before me this day and acknowledged that he/she is Manager of said limited liability company and that by authority duly given, and as the act of the limited liability company, the foregoing instrument was signed in its name by him/her as such Manager. WITNESS my hand and official seal this 9,6, day of JA j2 r { , 2004. otary Pd1 lic 5 STATE EMPLOYEES CREDIT UNION (SEAL) By: �! {SEAL) Name: .5 ri—, _'T_ n�J S 4W,-oa2-President STATE OF We z-i lr COUNTY OF ' /, a.- ,1-,v- e c' z A/ , a Notary Public for the aforesaid county and state, certify that personally came before me this day and acknowledged that he/she is �� ..., Y/ c E --President of STATE EMPLOYEES CREDIT UNION, a corporation, and that he/she as J'� .v . e z ✓, c ,& - President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal, this the ay of 449� , 2004. Notary Public My Commission Expires: [r 0 CONSENT AND SUBORDINATION Central Carolina Bank, a division of National Bank of Commerce, Memphis, Tennessee (formerly known as Central Carolina Bank and Trust Company) ("Lender") pursuant to the terms of those certain Deeds of Trust encumbering Lot 2 of Shipyard Commons, said Deeds of Trust being recorded in Book 2898, Page 1980, Book 3087, Page 43 and Book 3501, Page 144 of the New Hanover County Public Registry, and Southland Associates, Inc., as Trustee under said Deeds of Trust, join in the execution hereof for the purpose of consenting to the terms and provisions of this Amendment and for the purpose of subordinating the terms and provisions of the aforesaid Deeds of Trust to the terms and provisions of this Amendment. CENTRAL CAROLINA BANK, A DIVISION OF NATIONAL BANK OF COMMERCE, MEMPHIS, TENNESSEE (formerly known as Central Carolina Bank and Trust Company) In SOUTHLAND ASSOCIATES, INC. By: Name: C y Nt i�j^ V O" 1- Title:. _V C , g:- P"--s , o k--41` [Acknowledgments on following page.] 7 STATE OF NORTH CAROLINA COUNTY OF kCt 1, W'feril"t-3 IVvJd-) , a Notary Public of said County and State, do hereby certify that Yhn �k -171- personally appeared before me this day and acknowledged that he/she is President of CENTRAL CAROLINA BANK, A DIVISION OF NATIONAL BANK OF COMMERCE, MEMPHIS, TENNESSEE, and that he/she as Is; V ;6.4. President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal or stamp, this the 21-4'day of My Commission Expires: [SEAL or STAMP] STATE OF NORTH CAROLINA COUNTY OPk�g 1Nn43 �No P blic _ i •��. t A 6�l > e I, INY�CJc-� C.✓, a�Notary Public of said County and State, do hereby certify that C ;s _ personally appeared before me this day and acknowledged that he/she is c e President of SOUTHLAND ASSOCIATES, INC., a North Carolina corporation, and that he/she as t/ e-c- President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal or stamp, this t: My Commission Expires: d� •� - �:� [SEAT. or STAMP] 0 CONSENT AND SUBORDINATION Wachovia Bank, National Association, a national banking association ("Lender"), pursuant to the terms of that certain Deed of Trust, Assignment of Rents and Security Agreement (the "Deed of Trust") encumbering Lot 7 of Shipyard Commons, said Deed of Trust being recorded in Book 4076, Page 711 of the New Hanover County Public Registry, and TRSTE, Inc., a Virginia corporation, as Trustee under said Deed of Trust, join in the execution hereof for the purpose of consenting to the terms and provisions of this Amendment and for the purpose of subordinating the terms and provisions of the aforesaid Deed of Trust to the terms and provisions of this Amendment. WACHOVIA BANK, NATIONAL ASSOCIATION By: 11 or Name: t<. C.a c�C Title: ut c.-. LRES t pEw-r TRSTE, INC. By: Title:\; y: [Acknowledgments on following page.] 0 STATE OF NORTH CAROLINA COUNTY OF NE.0 ka nf) %le r I, �cSl iC I-1 . Te-� a Notary Public Af ounty an State, do hereby certify that �ej�rq L . Cole-, personally appeared before me this day and acknowledged that he/she is V President of WACHOVIA BANK, NATIONAL ASSOCIATION, and that he/she as V i Ce, President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal or stamp, this the o2 I day of j , 2004. ZL4 -, , 61- Notary Public My Commission Expires: a Notary Public of said County andAState, do hereby certify that fah n �Y . !--it, r L personally appeared before me this day and acknowledged that he/she is Se, . V , C' President of TRSTE, INC., a Virginia corporation, and that he/she as C . V c� President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal or stamp, this the L� day of , 2004. Notary Public My Commission Expires: 4 -Q 10