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
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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.
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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.
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50 ' 0 ] a 5E AL
% 20007 =
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•:NGI NE�'r'��'J.
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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.
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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
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��<<���
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.]
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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
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