HomeMy WebLinkAboutSW8010314_HISTORICAL FILE_20220729STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 0�031'}
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑x HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 UZ-L 01 Z. cl
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
July 29's, 2022
NORTH CAROLINA
Environmental Quality
CAP Investment Properties, LLC
Attn: Christopher Porter, Manager
5717 King David Court
Wilmington, NC 28412
Subject: Permit Transfer
Post -Construction Stormwater Management Permit No. SW8 010314
Carolina Eye Associates
New Hanover County
Dear Mr. Porter:
The Division of Energy, Mineral and Land Resources received a complete Permit Transfer Application on June
22nd 2022 requesting to transfer ownership of the subject permit under the provisions of 15A NCAC
02H.1045(1)(a). 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
Permit Transfer Application and the 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
permit SW8 010314 has been transferred, updated, and re -issued on July 29', 2022, as attached.
This permit remains effective until August 101h, 2023 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements or design standards; it clarifies the rules and
requirements of this program to provide you with a better understanding of your obligations under this permit.
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.
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.NCOA14.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Kellie Beth Norris in the Wilmington Regional
Office, at (910) 796-7215 or kellie.norris@ncdenr.gov.
Sincerely,
Cam --l- M
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
copy of the Transfer Application documents including Transfer Application Form, Operation & Maintenance Agreement,
and certification(s)
copy of the latest application documents
DES/ kbn: %Stormwater\Permits & Projects\200 1\0 10314 HD\2022 07 permit 010314
CC' Kenneth P. Hollis, New Hanover Real Properties, LLC; previous pennittee
Wilmington Regional Office Stormwater File
rrnrn ' North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
r J/ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
/ 910.796.7215
Post -Construction Stormwater Management
Permit No. SW8 010314
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
CAP Investment Properties, LLC
Carolina Eye Associates
1994 S. 1711 St., Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application,
approved stormwater management plans, supplement, calculations, operation and maintenance
agreement, recorded documents, specifications, and other supporting data (the "approved plans and
specifications') as attached and/or on file with and approved by the Division of Energy, Mineral and
Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and
maintained in accordance with these approved plans and specifications. The approved plans and
specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until August 10", 2023 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. The stormwater system has been approved for the management of stormwater runoff as
described on page 3. The stormwater control has been designed to handle the runoff from
34,937 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
The tract will be limited to the amount of built -upon area indicated in Section 1.2 and as listed on
page 2 of this permit, and per approved plans.
Page 1 of 6
Post -Construction Stormwater Management
Permit No. SW8 010314
5. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system. A permit modification must be submitted
and approved prior to the construction of additional built -upon area from outside of the approved
drainage area.
Page 2 of 6
Post -Construction Stormwater Management
Permit No. SW8 010314
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
PROJECT DESIGN DATA SHEET
Project Name:
Permit Number:
Location:
Permittee:
Mailing Address:
Application Date:
Name of Receiving Stream/Index #:
Classification of Water Body:
If Class SA, chloride sampling results
Basin Depth, feet:
Seasonal High Water Table, FMSL:
Bottom Elevation, FMSL:
Top Elevation, FMSL:
Drainage Area, acres:
Total Impervious Surfaces, ft':
Offsite Area entering Pond, ftl:
Required Storage Volume, ft':
Provided Storage Volume, ft':
Infiltration Rate, In/hr:
Drawdown Time:
Carolina Eye Associates
SW8 010314
New Hanover County
CAP Investment Properties, LLC
c/o Christopher Porter, Manager
5717 King David Court
Wilmington, NC 27812
August 6, 2001
Cape Fear / Jumpin Run / 18-76-1-3
"C Sw"
n/a
3
23.5
26.6
29.5
1.94
34,937
None, per Engineer
3,940
12,900
30"
.02 Days
Page 3 of 6
Post -Construction Stormwater Management
Permit No. SW8 010314
It. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
1 The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of catch basins and piping.
4. Records of maintenance activities must be kept and made available upon request to authorized
personnel of the Division. The records will indicate the date, activity, name of person performing
the work and what actions were taken.
5. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached to
this permit and on file with the Division.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate designer
for the system installed certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting documentation. Any
deviations from the approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans, the
permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as applicable,
will be required and a copy must be submitted to the appropriate DEQ regional office upon
completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component
of the approved SCM(s), the stormwater collection system and/or vegetative conveyance
shown on the approved plan.
e. The construction of any allocated future BUA.
Page 4 of 6
Post -Construction Stormwater Management
Permit No. SW8 010314
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans
and specifications.
g. Other modifications as determined by the Director.
9. Prior to the sale of any portion of the property, an access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the stormwater
facilities will be restricted by the sale of any portion of the property.
10. The permittee is responsible for verifying that the proposed built -upon area does not exceed the
allowable built -upon area.
11. 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.
12. The permittee shall notify the Division of any name, ownership or mailing address changes within
30 days.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of the
following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur;
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
Page 5 of 6
Post -Construction Stormwater Management
Permit No. SW8 010314
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on -site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the
changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit transferred, updated and reissued this the 29t' day of July 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
— &t
f., Brian vvrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 010314
Page 6 of 6
Attachment C - Permitting History
Carolina Eye Associates
Permit No. SW8 010314
Approval
Date
Permit Action
BIMS
Version
Description of the Changes
8/10/2001
OriginalApproval
1.0
High Density, 1995 Rules, one infiltration basin
12/8/2015
Renewal
2.0
Expires August 10, 2023
9/6/2016
Transfer
2.1
Transferred from Carolina Eye Associates to New
Hanover Real Properties, LLC
7/29/2022
Transfer
2.2
Transferred from New Hanover Real Properties, LLC to
CAP Investment Properties, LLC. Upon Inspection, site
was found compliant.
Page 1 of 1
- DEMLRUSE ONLY
Date Received
Fee Paid
Permit Number
I I o 5
0 1 (3 4
it
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION 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.govlcontactlregional-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. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8010314
2. Project name: Carolina Eve Associates
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Transfer to new owner upon sale of the property.
ECTEW E
JUN 2 2 2022
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018
B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
X 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G.S. 143-214,7(c2) (see 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 at least one of the following, but all that apply):
❑ 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.
♦�. ��' � g fit' iy�.. � +11
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark X' 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. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
NA 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.
NA 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.
NA 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.
NA 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
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.
NA 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), 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.
NA 10. A copy of the lease agreement if the proposed permittee is the lessee.
Y 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
NA 12. A copy of the development agreement if the proposed permittee is the developer.
p' <v;4 3 1 2u22
l
Stonnwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: New Hanover Properties, LLC
2. Signing Official's Name: Kenneth P. Hollis
3. Signing Official's Title: Managing Member
4. Mailing Address: 3916 Windy Hill Road
City: Chapel Hill State: NC ZIP: 27514
5. Street Address:
City: State: ZIP
6. Phone:(911 DI 4)t59 Email:khollis8lC@gmail.com
I, Kenneth P. Hollis , 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;
❑ the designer's certification for each SCM,
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats,
X 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: _ ,- Date: 3 JZ t zy
I, L; r�,Al1 4orNs Ln , a Notary Public for the State of
OU'Arh Ce'rb�,()Q County of OV 0r, do hereby certify
that Kenneth &W—i personally appeared before me
this the M SI' day of Molrh 20 as , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature: tV rm/,YN
My commission expires
14AR s f 2C22 I
BY.•� ,
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
® 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. (Also complete Parts F & G.)
❑ 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. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
® Corporation, LLC, Partnership, Municipality name: CAP Investment Properties LLC
❑ HOA IPOA /UOAname:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Christopher Porter
b. Signing Official's Title: Manager / Member
c. Mailing Address: 5717 King David Court
City: Wilmington State: NC ZIP: 28412
d. Street Address: Same as above
City:
State: ZIP:
e. Phone: (704) 807-7244 Email: porterchristopher84(a)gmail.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email. �ir�r a�cit✓f )e;— p.vPuu� �vn : /iee
a. or Business name:
b. Contact Name: iic��i �e. Title:
c. Mailing Address: LA&X;lc Vill err.
d. City: LnGr.la State: ZIP: 71r'z.77
e. Phone: 70�) $o't 17-H Email: ? a.} ���ir s ��8� 6) omsu / , com-
1J , '7-
u
UN 12 2022'
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018
F. PROPOSED PERMITTEE CERTIFICATION
I, Christopher Porter , 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;
X 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;
X Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If 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 plans; and I will {construct), operate and maintain the approved stormwater management system
pursuant to the quirements listed in the permit and in the operation and maintenance agreement.
Signature: ` Date: 3'.29"' z2—
I, Al;V(q 4 zz"fir -V9Ga Notary Public for the State of m,°�IJ
py
County of )ee644 A[�Gi do hereby certify that r;Krl", er
personally PP �iS day of i�G'� ersonall appeared before me this the 20. and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
My commission e
i R 3 1203222
Stormwater Permit Transfer Application Form Page 6 of 7 ---April 27, 2018
G. PROPERTY OWNER INFORMATION AND CERTIFICATION
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: State: ZIP
Phone: (_) Email:
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F 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 1 will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
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
n q 4w_
'rl(•I,'1 � t iGC� I� jf
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018
Book 6562 Page 537
BK: RB 6662
PG: 637 - 541
NO FEE $26 00
2022017095
RECORDED:
NEW HANOVER COUNTY,
06t03/2022
REAL ESTATE
TAMMY THEUSCH PIVER
04:18:31 PM
EXTX S40ODD0
REGISTER OF DEEDS
9Y: ANGELA ENGLISH
DEPUTY ELECTRONICALLY RECORDED
SPECIAL WARRANTY DEED
Parcel: R06007-004-001-002
Revenue Stamps: $4,000.00
❑ If checked, the property includes the primary residence of at least one of the parties
depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2)
STATE OF NORTH CAROLIN.A
COUNTY OF NEW HANOVER
THIS SPECIAL WARRANTY DEED, made and entered into this the 31d day
of MAg, 2022 by and between NEW HANOVER REAL PROPERTIES, L.L.C., a
North Carolina limited liability company, party of the first part (the address of the party of the
first part is: 3916 Windy Hill Road, Chapel Hill NC 27514); and CAP INVESTMENT
PROPERTIES, LLC, a North Carolina limited liability company, party of the second part (the
address of the party of the second part is: 15 150Sapphire Bill Lane, Charlotte, NC 28277).
WITNESSETH:
r
CEIVUN 2 2 2022
8Y:
Prepared by J. Drake Brinkley, Esq., Ward and Smith. P.A.. Post Office Box 8088. Greenville,
NC 27835-8088, Overnight Delivery: 120 West Fire Tower Road, Winterville. NC 28590
Please return to Robinson, Bradshaw & Hinson, P.A. Attn: Ty Shaffer, Esq., 101 N. Tryon St.,
Suite 1900, Charlotte, NC 28246
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on
title from Ward and Smith, P.A.
This instrument prepared by.1 Drake Brinkley, a licensed .North Carolina attorney. Delinquent
taxes, if any, to be paid by the closing attorney to the county trLr collector upon disbursement of
closing proceeds.
submitted electronically by "Investors Title Insurance Company
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.
Book 6562 Page 538
That the party of the first part inconsideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by
the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey
unto the party of the second part, said party's successors and assigns, the following described
property to wit:
All that certain tract or parcel of land lying and being situate in
Township, New Hanover County, North Carolina, and being more
particularly described on Exhibit A attached hereto and
incorporated herein by reference.
This conveyance is made subject to those mattes more particularly
described on Exhibit B attached hereto and incorporated by
reference.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said party's successors and assigns, forever.
And the party of the first part covenants that said party has done nothing to affect
such title to the aforesaid property as was received by said party and, subject to the matters set
forth above, agrees to warrant and defend the title to said property against the lawful claims of all
persons claiming by, through or under said party. but no further.
IN TESTIMONY WHEREOF, the party of the first part has caused this
instrument to be executed under seal in such form as to be binding, this the day and year first
above written.
Signature page to follow
Book 6562 Page 539
NEW HANOVER REAL PROPERTIES, L.L.C. (SEAL)
By:
Kenneth P. Hollis, Manager
STATE OF _aPtJ Cara`tnn
COUNTY OF orocy
l certify that the following person personally appeared before me this day; acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein: Kenneth P. Hollis.
Date: _Mc 12) t, 1,)Od a
7 "
��
( tEigl Seal
`►,.AO
sl7 �N
•pC
vaH
Sig ure of Notary Public
L rYA c� tyc" r%
Notary's printed or typed name
My commission expires:
Notary seal or stamp must appear within this box.
Book 6562 Page 540
EXHIBIT A
Being all of Lot 2, Section 1 (Revised), as shown on that map entitled Seventeenth
East Section 1, recorded in Map Book 39, Page 79 of the New Hanover County
Registry, reference to which is hereby made for a more particular description.
Book 6562 Page 541
EXHIBIT 13
Permitted Exceptions
Ad valorem taxes for the current year and subsequent years.
2. Matters shown on plat recorded in Map Book 39 at Page 79
3. Terms and conditions of Lease between party of the first part and Cape Fear
Council of Governments dated September 2020, as evidenced by Memorandum of
Lease with Cape Fear Council of Governments recorded in Book 5922, Page 1435.
4. Sublease between Cape Fear Council of Governments and State of North
Carolina.
5. All matters which would be shown by an accurate and complete survey of the
property.
6. All local, state and federal laws, ordinances or governmental regulations,
including but not limited to, building and zoning laws, ordinances and regulations;
now or hereafter in effect; relating to the property.
0 LIMITED LIABILITY COMPANY ANNUAL REPORT
1/6/2022
NAME OF LIMITED LIABILITY COMPANY: CAP Investment Properties, LLC
SECRETARY OF STATE ID NUMBER: 1351944 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: ❑0 0
SECTION A: REGISTERED AGENT'S INFORMATION Wil
1. NAME OF REGISTERED AGENT: Aml NelnaSt Porter
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
5717 King David Court 5717 King David Court
Wilmington, NC 28412 New Hanover Wilmington, NC 28412 New Hanover
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION,OF NATURE OF BUSINESS: Investment Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: (704) 807-7244 3. PRINCIPAL OFFICE EMAIL: chrlsp(Oicarollna.rr.COm
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS '
r
5717 King David Cour 5717 King David Cour
Wilminaton, NC 28277 New Hanover Wilmington, NC 28277 New Hanover
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Aml NelnaSt Porter NAME: Christopher Wayne Porter NAME:
TITLE: Managing Member TITLE: Managing Member TITLE:
ADDRESS: ADDRESS: ADDRESS:
5717 Kina David Court 5717 Kina David Court
Wilmington, NC 28277 New Hanover Wilmington, NC 28277 New Hanover
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
DATE
Print or Type Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525
= LIMITED LIABILITY COMPANY ANNUAL REPORT
1
1/6/2022
NAME OF LIMITED LIABILITY COMPANY: New Hanover Real Properties, L.L.C.
SECRETARY OF STATE ID NUMBER:0616546
REPORT FOR THE CALENDAR YEAR:
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Kenneth Hollis
2. SIGNATURE OF THE NEW REGISTERED AGENT:
STATE OF FORMATION: NC
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
3916 Windy Hill Road
3916 Windy Hill Road
Chapel Hill, NC 27514-7420 Orange Chapel Hill, NC 27514-7420 Orange
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Real Estate Rental
2. PRINCIPAL OFFICE PHONE NUMBER: (919) 402-8459 3. PRINCIPAL OFFICE EMAIL
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS
0 ..
3916 Windy Hill Road 104 Old Colony Way
Chapel Hill, NC 27514-7420 Orange Rocky Mount, NC 27804-1314 Nash
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Gilbert S Catino
TITLE: Member
ADDRESS:
945 Wild Dunes Circle
NAME: Kelly L Catino
TITLE: Member
ADDRESS:
945 Wild Dunes Circle
NAME: HLT, LLC
TITLE: Member
ADDRESS:
P. O. Box 8314
Wilmington, NC 28411 New Hanover Wilmington, INC 28411 New Hanover Rocky Mount, INC 27804 Edgecombe
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
DATE
Print or Type Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525. Raleigh, INC 27626-0525
SECTION E: ADDITIONAL COMPANY OFFICIALS
NAME: Kenenth P Hollis NAME: Harvey W Hoopes, 111 NAME:
TITLE: Manager TITLE: Member TITLE:
ADDRESS: ADDRESS: ADDRESS:
3916 Windy Hill Road 20 Bay Drive
Chapel Hill, NC 27514-7420 Orange Sneads Ferry, NC 28460 Onslow
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
Name:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
ROY COOPER
Governor
ELIZABETH S. BISER
secmcary
BRIAN WRENN
Director
June 15t1i. 2022
NORTH CAROLINA
Environmental QuaW
Via email only: khollis8l(&,emaiLeom
New Hanover Properties, LLC, current permittee
Attn: Kenneth P. Hollis, Managing Member
3916 Windy Hill Road
Chapel Hill, NC 27514
and
Via email only: porterchristopher84(&Zmail.eom
CAP Investment Properties, LLC, proposed permittee
Attn: Christopher Porter, Manager
5717 King David Court
Wilmington, NC 28412
Subject: Request for Additional Information / Notice of Inspection
State Stormwater Management Permit No. SW8 010314
Carolina Eye Associates
New Hanover County
Dear Mr. Hollis and Mr. Porter
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received and
accepted a signed Permit Transfer Application Form for the subject project on March 31 ", 2022. The current and
proposed permittees have requested to transfer the permit in accordance with 15A NCAC 02H.I045(1)(a). A
preliminary in-depth review of the documentation submitted with the transfer request determined that the
application is incomplete and that additional information is needed.
Since this transfer was submitted under the requirements of NCAC 02H. I 045(2)(a), please provide the following
documentation in a single, hard copy submittal package to complete the application:
15A NCAC 02H.1045(2)(a): Please address the following:
a. The application in Section A.2 lists the project name as the current permittee. Please list the
project name, which is Carolina Eye Associates.
b. Please confirm the address listed in Section E.3 of the application is consistent with the corporate
addresses on file with the NC SOS's corporation database. Section EA of the application is
intended for other related addresses and contact information. Note: Please also update the
address on the operation and maintenance agreement to reflect NC SOS documentation.
c. Please provide complete contact information for the current permittee, including phone number,
in Section D of the application.
2. 15A NCAC 02H.1045(2)(c): Please verify that the purchase has not yet gone through. if it has, please
update Section E of the application and submit the deed. If the purchase has not gone through, please
have the property owner complete Section G of the transfer application.
On April 22", 2022, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected the subject project to determine the status of compliance with this permit, most recently
issued on September 6', 2016. DEMLR file review and site inspection revealed that the site is in compliance
with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection
Report" summarizing the findings of the recent inspection is attached to this letter.
D_E Q13 North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1127Cardlnal Drive Extension I Wilmington. North Carolina 2W5
.+mM1� 910.7967215
State Stormwater Permit No. SW8 010314
Page 2 of 2
All of the requested information listed above should be received in this Office by June 301h, 2022, or the
application will be returned as incomplete. If additonal time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with ajustification
and a date of when the requested information will be submitted, which shall be no later than 15 days past the
original due date. Please note that only two letters requesting additional information is allowed in the State
Stormwater Program for a total of 30 days to submit the requested additional information. If the information is
not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is
returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the
application fee.
Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the
project, it is determined that a maior modification to the permit is required to resolve the compliance issues, the
transfer application will be returned as incomplete. Upon the issuance of the modified permit, and the successful
completion of any work required by the modified permit and/or the restoration of the site to design condition, the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
Please reference the State assigned permit number on all correspondence. if you have any questions concerning
this matter, please feel free to call me at (910) 796-7215 or email me at kellie.norris@ncdenr.gov.
Sincerely,
xemo &Z4 zom-a
Kellie Beth Norris
Environmental Engineer
Enclosure: Compliance Inspection Report
DES/kbn: G:\\\Stormwater\Permits & Projects\2001\010314 HD\2022 06 addinfo CEl_addinfo 010314
cc: WiRO Stormwater Permit File
(� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
E Q�/ Wilmington Regional Office 1127 Cardlnal Drive Extension I Wilmington. North Carolina 28405
-"'o-++� /"� 910.796.7215
Compliance Inspection Report
Permit: SW8010314 Effective:09/06/16 Expiration: 08/10/23
Project: Carolina Eye Associates
Owner: New Hanover Real Properties LLC
County: New Hanover Actress: 1994 S 17th St
Region: Wilmington
City/State/Zip: Wilmington NC 28403
Contact Person: Chris Jordan Title: Fac. Mgmt. Phone: 910-944-0600
Directions to Project:
North on 17th Street from intersection of Glen Meade & 17th Street, at corner of 17th & Jumpin Run.
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (Jumping Run Branch) (03-06-17) ( C,Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 04/22/2022 Entry Time 10:OOAM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Kellie E Norris
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 10:30AM
Phone:
Inspection Type: Compliance Evaluation
page 1
Permit: SW8010314 Owner - Project: New Hanover Real Properties LLC
Inspection Date: 04/22/2022 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Site is established and within permit conditions.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? N ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? N ❑ ❑ ❑
Comment
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? E 110 ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑ i
provided to DWQ upon request?
Comment:
File Review
Yes
No NA NE
Is the permit active?
0
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
0
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
E
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑
❑ 0 ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ 0 ❑
Comment:
page 2
Post -Construction State Stormwater Inspection Request
To: Brian Lambe
On: _4/21/2022
Return to: Kellie Beth Norris
General
Project Name: Carolina Eye Associates
Permit No: SW8 010314
Expiration Date: 8/10/2023
Location: 1994 S. 1711 Street
City: Wilmington
County: New Hanover
Contact Person:
Phone it/email:
Inspection Type: 'Transfer
(TranserL'om liant)
Inspection Date: ZZ �.Z
Time In:
Time Out: I/ 3�
Current Weather: 70
Recent Rain (Date)? (J
Rain — in
Permit TVPe: (circle one) High (HD) Low (LD) Offsite
Stormwater Control Measure(s) (SCMs) (insert number of each).
Wet Ponds Infiltration Basins Infiltration Trenches
Dry Ponds Bioretention Permeable Pavement
Cistern Level Spreader/Filter Strip Other (specify):
Notes or anv areas to focus on:
Sir '5 well es�--)Ars►A w 446Jr -k-vy3
File Review
LD Swales Stormwater Wetlands
Sand filters (circle one) Open Closed
Yes No N/A N/E
I. Is the permitactive?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Site Visit• Ruilt llnnn Area IRIIAI
1 f2•�: Gam. IL�.117
5. BUA is constructed and consistent with the permit requirements?
6. BUA aspermitted) is graded such that the runoff drains to the system? high density only)l
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
Sites Visit Rtnrmwnter RMPs
1'!S-1111111111r. :1/11111111111Il1:I
9. Stormwater BMPs are located per the approvedplans?
10. Stormwater BMPs have dimensions e . length, width, area matching the approved fans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit nneratinn and Maintenance
Vac Nn N/A N/F
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris(grass clippings, leaves, etc is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit9
Site Visit: Other Water Quality Issues Yes No N/A N/E
I & Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report, Version 3.2_2022 02 Page I of 2
Post -Construction State Stormwater Inspection Request
of the
❑ Compliant
Letter Sent (circle one): Yes No
Date Sent:
taken
❑ Non -Compliant
Lettertype: CEI NOV NOVRE Other
Reference Number:
Inspector: (AAM-N� Date:
(note for Inspector: If a transfer inspection, is follow-up needed for the ESC approval or the NCG010000 COC as well?)
State Stormwater Inspection Report, Version 3.2_2022 02 1 Page 2 of 2
NC Division of Energy, Mineral, and Land Resources
Operation & Maintenance Inspection Form — Infiltration Basin
Project name:
Carolina Eye Associates
Permit number:
SW8 010314
Inspection date:
Street address:
1994 S. 17`h Street
City:
Wilmington
State and ZIP code:
INC 28403
Name of inspector:
Brian Lambe
Phone number:
Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the Information provided in this form is complete and correct:
1. Swales are free from blockage and erosion.
Yes-6
No ❑
N/A ❑
2. Grates, gutters, curb openings, and pipes appear free from damage and clogs.
Yes
No ❑
N/A ❑
3. The infiltration basin is accessible for inspection.
Yes 2
No ❑
N/A ❑
4. Grass filter strip is vegetated and free from areas with bare soil (if applicable).
Yes ❑
No ❑
N/A
5. Pretreatment area is free from sediment accumulation and debris.
Yes ❑
No ❑
N/A
6. Flow diversion is free from damage and clogs (if applicable).
Yes ❑
No ❑
N/A
7. Stone verge has less than 3 inches of accumulated sediment (If applicable).
Yes ❑
No ❑
N/A
8. Inlet pipe is free from damage and clogs.
Yes.
No ❑
N/A ❑
56asiri andiEmtiankrri"ent� _ =�a•,. " `
,
9. Basin surface is dry within 72 hours after a storm event. C'r - ! -92I
Yes ❑
No ❑
N/A ❑
10. Basin & embankment are free from erosion, sediment accumulation, and debris.
Yes d
No ❑
N/A ❑
11, Embankment is free from shrubs and trees.
Yes ❑
No ❑
N/A fT
Outletib
12. Outlet structure is free from damage, clogs, and erosion.
Yes ❑
No ❑
N/A ❑
13. Emergency spillway/bypass is in good working order.
Yes ❑ No ❑ N/A Err
Burd, Tina J
From: Burd, Tina J
Sent: Friday, April 1, 2022 2:39 PM
To: khollis8l@gmail.com; porterchristopher84@gmail.com
Subject: SW8 010314 - Carolina Eye Associates
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on March 31, 2022. The project has
been assigned to Kellie Beth Norris and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email cot respondefice to and front this address is subject to the
North Carolina Public Records Law and inay be disclosed to third patfies.
Website: htto://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize die spread of COVID-iq, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQ-office locations are limiting public access to appointments only. Please
check with the appropriate staff betore visiting our offices, as we may be able to handle your requests by phone or email, We
appreciate your patience as we continue to serve the public during this challenging time.
Transfer Application Completeness Review Checklist - Short Version
Permit#: ?�
'\'SC,)2) 01 03141 Date Delivered toWIRO: 3 I 2Z
Project Nam: KVeu+ 4A,�o ✓1i!4I7- 'kEAL TkoPEPMIES s (L -BIMS Received/Accepted Date: 3 l m2
Project County/location: nrt U��w'tf/u ��`rs EIserDate Given to Admin:3 31 6 chi
4v C P 1"es TrnEa; 'PQoa Q7rC--$ PLC BIMS Acknowledged Date': /
Permit Expiration Date': /0 ZZO
—7
Proposed Permittee Signed Application? ®/N
Current Permittee Signed Application? 0 N
Proposed Permittee Type & Documents Needed
Property Owner(s)
Purchaser
Viable?
El Viable?
I
Deed 0"
Purchase Agmt
Not Subdivided: Deed
Subdivision: Common
Area Deed
Paperwork
[ZfApplication
®$505 Fee (within 6mo) Check#(s): / 1 O 5
Deed Restrictions, if subdivided:
OPE Certification (if built or partially built)
Project Narrative
Easements, Recorded (2017 Rules)
[);�10&M on File (unless new one from HOA)
Electronic Copies
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: KIELUF— IJETi
Z
*If w/in 6 mo, STOP - needs renewal first. Exception: only new permittee is
submitting. Then transfer is logged in first
If N, it will be evaluated under G5143-214.7 (c2), which requires:
Common Area Deed in HOA's Name
F-150%Sold List
If N, it will be evaluated under GS 143-214.7(c5)
u Lessee uHOA uDeve
Viable? Viable? [--]Viabl
Lease El Election Minutes
Deed Restrictions Recorded
E]BUA/Lot Summary
F-1O&M (If HOA Signed Application)
G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2021 10 05
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), dated as of 1'ebnlary 24,
2022 (the "Effective Date"), is entered into by and between NEW HANOVER REAL PROPERTIES,
L.L.C., a North Carolina limited liability company ("Seller") '
"Seller"); and CAP INVESTMENT
PROPERTIES, LLC, a North Carolina limited liability company ("Buyer").
STATEMENT OF AGREEMENT
In consideration of an earnest money deposit in the amount of $25,000.00 (together with any
other earnest money deposits made by Buyer pursuant to this Agreement, and any interest earned thereon,
the "Deposit"), which shall be paid by Buyer to Investors Title Insurance Company (the "Escrow
Agent") within four (4) business days after the Effective Date, and the mutual terms, covenants,
conditions and agreements contained in this Agreement, Seller and Buyer agree as follows:
I. Sale of Property. Seller agrees to sell, convey, assign, transfer and deliver to Buyer, and
Buyer agrees to purchase, acquire and take from Seller, subject to the terms and conditions set forth in
this Agreement, the following property (collectively the "Property"):
(a) Land owned by Seller having an address of 1994 S 17xh Street, Wilmington, New
Hanover County, North Carolina, containing approximately 1.35 acres, having New Hanover County
Parcel ID No. R06007-004-001-002, and being more particularly described on Exhibit A attached hereto
(the "Land"), together with all right, title and interest of Seller in, to and under the streets, alleys, rights -
of -way and roads contiguous to the Land (the "Appurtenances");
(b) All improvements, if any, located on the Land, including without limitation the building
containing approximately 9,940 square feet, paved areas, lighting and landscaping (the
"Improvements");
(c) Seller's right, title and interest in (i) all surveys of the Land, if any, (ii) all plans for the
Improvements, if any, and (iii) any and all utility agreements, permits, development rights, warranties and
other rights relating to the Land, Improvements or Personal Property, if any (the "Property Rights");
(d) Seller's right, title and interest in any and all fixtures, equipment, appliances and other
items of personal property now located upon Land or in the Improvements thereon in which Seller has
any right, title or interest (the "Personal Property"); and
(e) Seller's right, title and interest in the leases of the Improvements, and any and all
guarantees thereof and security deposits made by tenants under such leases (the "Security Deposits"),
such leases existing as of the Effective Date being set forth on the schedule of leases attached hereto as
Exhibit B (such leases are referenced herein individually as a "Lease", and collectively the "Leases").
2. Purchase Price. The purchase price for the Property (the "Purchase Price") shall be
$2,000,000.00, and shall be payable as follows:
14665748
(a) At Closing, the Deposit shall be paid to Seller and applied in reduction of the
Purchase Price.
(b) The balance of the Purchase Price (subject to prorations and closing cost
adjustments) shall be paid at Closing by wire transfer in immediately available fluids.
BY.
Notwithstanding the foregoing, if Buyer pays the entire Purchase Price at Closing as part of an exchange
pursuant to Paragraph 26 below, the Deposit shall be returned to Buyer in connection with Closing.
3. Investigations by Buver. Seller shall deliver to Buyer within five (5) days of the
Effective Date the following items (to the extent in Seller's possession) (the "Due Diligence Items")
(a) A current ALTA as -built survey for the Property;
(b) All other existing surveys of the Property;
(c) All inspection and other reports regarding the Property (structural, mechanical,
engineering, environmental, soils, geotechnical, etc.);
(d) All appraisals and traffic studies that have been prepared with respect to the
Property;
(e) All certificates of occupancy, and zoning and other permits and approvals for the
Property;
(t) All executed (for current tenant(s)) and proposed tenant leases and any
amendments, guaranties, letters of credit and other agreements ;elating thereto;
(g) Current tax bills or other documentation showing the amount of current property
taxes and any assessments, and the assessed value of the Property;
(h) All existing service contracts for the Property;
(i) All warranty agreements for the Property;
0) Plans for the improvements at the Property;
(k) All existing title insurance policies and commitments for the Property, together
with all documents referenced therein:
(1) Statement of insurance coverage' by a policy type, and a list all claims against
such policies over the past three years with respect to the Property
(m) All documents concerning the roof;
(n) All correspondence and other documents relating to compliance of the Property
with the New Hanover County and/or City of Wilmington zoning and development ordinances;
(o) A summary of maintenance expenses for the past five (5) years;
(p) A rent roll for the Property since 2015; and
(q) Such other information and/or documentation concerning the Property as Buyer
shall reasonably request.
The information, if any, delivered to Buyer by, or on behalf of, Seller pursuant to this section
("Property Information") shall be delivered without any warranty or representation by Seller as to the
completeness or accuracy thereof. Buyer agrees that Buyer shall rely solely upon Buyer's inspections and
14665748 2k"i
a ti
investigations to determine the quality of title and physical condition of the Property and the suitability of
the Property for Buyer's purposes.
Prior to the Closing Date, as defined below, Buyer and its contractors shall have the right to go on
the Property for the purpose of conducting tests, surveys, assessments and other investigations; provided,
however, that Buyer shall not conduct any invasive testing of any nature without the prior express written
approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shad
conduct all such on -site inspections, assessments, examinations, testing, and surveying of the Property in
a good and workmanlike manner, shall repair any damage to the Property caused by Buyer's entry and on -
site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or
any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to
undertake on -site inspections outside of the hours Seller's or any tenant's business is open to the public.
Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall
cause its agents or representatives and third party service providers (e.g. inspectors, surveyors, etc.) to
give reasonable advance notice of any entry onto the Property. Buyer shall be obligated to observe and
comply with any terms of any tenant lease which conditions access to such tenant's space at the Property.
Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer
assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under
this Section. Buyer shall indemnify, defend and hold Seller harmless from and against any claims,
damages or liability resulting from any injury to persons or damage to the Property resulting from
Buyer's exercising its rights tinder this Section. This indemnification obligation of Buyer shall survive
the Closing or earlier termination of this Agreement. This indemnity shall not extend to any claims or
liability related to any existing environmental contamination or other deficiencies that may be discovered
by Buyer. In addition, Seller shall give Buyer access to books and records related to the Property,
including without limitation leasing records and correspondence, for the Property. Notwithstanding any
terms to the contrary contained in this Agreement, except for matters of public record, Buyer shall not
disclose any information regarding the Property (or any tenant therein) unless required by law and the
same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and
other professional advisors, in which case Buyer shall obtain their agreement to maintain such
confidentiality.
4. Closing. The closing ("Closing") of the purchase and sale of the Property shall occur on
a date determined as follows:
(a) During the period beginning on the Effective Date, and ending on the date forty-
five (45) days thereafter (the "Inspection Period"), Buyer shall investigate the Property as
permitted above. During the Inspection Period, Buyer may terminate this Agreement by notice to
Seller on or before the last day of the Inspection Period. Upon termination, the Deposit shall be
returned to Buyer, and thereafter this Agreement shall be null and void, except for the
indemnification obligations under Sections 3 and 16 of this Agreement (collectively, the
"Surviving Obligations").
(b) Buyer shall have the right to extend the Inspection Period for one (1) additional
period of fifteen (15) days by notice to Seller on or before the last day of the then current
Inspection Period; provided, however, that Buyer's right to terminate this Agreement by notice to
Seller during such extension of the Inspection Period shall be limited to matters of title and
survey (including, without limitation, matters arising pursuant to Paragraphs 8 and 9 of this
Agreement). Upon any such termination during the extension of the Inspection Period the
Deposit shall be returned to Buyer, and thereafter this Agreement shall be null and void, except
for the Surviving Obligations.
14665748 3
(c) Provided this Agreement is not terminated as provided in this Paragraph 4, (i) the
Deposit shall be non-refundable to Buyer, except for in the event of a breach of this Agreement
by Seller, and (ii) the Closing shall occur on a date selected by Buyer (so long as Seller has no
less than fifteen (15) days advance notice of the selected by Buyer), but in no event later than the
date thirty (30) days after the expiration of the Inspection Period, as the same may be extended
(the "Closing Date").
The Closing shall occur in an escrow closing through the offices of the Escrow Agent in
Charlotte, North Carolina on the Closing Date. On or before the Closing Date, (i) Seller shall deposit
with the Escrow Agent the Closing documents that it is obligated to deliver at Closing, and (ii) Buyer
shall deposit with the Escrow Agent the Closing documents that it is obligated to deliver, together with, in
immediately available funds, the remainder of the Purchase Price. Seller and Buyer agree to provide
escrow instructions to the Escrow Agent consistent with the requirements of this Agreement to facilitate
Closing.
5. Closing Documentation. At Closing, Seller shall execute and deliver to Buyer the
following in form and content reasonably satisfactory to Buyer:
(a) A special/limited warranty deed (the "Deed") satisfactory to Buyer conveying to
Buyer good and marketable fee simple title to the Land, Improvements and Appurtenances, free
and clear of all liens, charges, easements, encumbrances and rights of third parties, except: (I) ad
valorem real property taxes for the calendar year of sale that are not yet due and payable, (2) the
Leases, (3) matters which would be shown on an accurate and complete survey of the Land, (4)
zoning ordinances affecting the Land, and (5) such other matters as are approved or deemed
approved by Buyer under Paragraph 8 below (collectively, the "Permitted Exceptions").
(b) A Bill of Sale and Assignment reasonably satisfactory to Buyer transferring to
Buyer the Property Rights, Personal Property and the Leases, to the extent such items are
transferrable. The Bill of Sale as it relates to the Property Rights and Personal Property shall
contain no warranties. Buyer will execute and deliver such Bill of Sale and Assignment and it
shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses,
damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted
against or incurred by Buyer which are caused by or the result of any default by Seller prior to the
date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims,
losses, damages and liabilities (including, without limitation, court costs and attorneys' fees)
asserted against or incurred by Seller which are caused by or the result of any default by Buyer
after the date of Closing.
(c) Any other documents necessary to transfer any and all warranties for the
Improvements, provided such warranties are transferable.
(d) Seller shall use commercially reasonable efforts to deliver an estoppel certificate
with respect to each Lease signed by each tenant and by Seller as provided in Paragraph 10(b)
below.
(e) Customary affidavits and agreements (North Carolina Land Title Association
forms) associated with the removal of exceptions for mechanics' liens.
(0 An affidavit in a form complying with law that each Seller is not a "foreign
person" within the meaning of the Foreign Investment in Real Property Tax Act, information
14665748
necessary to complete an IRS Form 1099, and a resolution authorizing the transaction and the
signatory of Seller.
(g) A closing statement reflecting the Purchase Price and all adjustments, prorations
and credits thereto, which shall also be executed and delivered by Buyer.
(h) Seller shall provide a notice of sale directed to each tenant under the Leases to
pay rent to Buyer from and after Closing, such notice to be on a form provided by Buyer, and
reasonably acceptable to Seller.
6. Closing Expenses. Seller shall be responsible for the payment of revenue
stamps/transfer taxes on the Deed. Buyer shall be responsible for the payment of the fee for recording the
Deed and the premium for its Title Policy, Survey and other investigations of the Property. Buyer shall
be responsible for any and all closing escrow fees charged by the Escrow Agent. The parties will each be
responsible for all of their other closing costs, including their respective attorneys' fees.
7. Income, Taxes and Other Expenses. All real estate ad valorem taxes on the Property
for the year in which die Closing occurs will be prorated on a calendar year basis to the Closing Date.
Any past due taxes, and any special assessments or roll -back taxes against the Property, shall be paid by
Seller on or prior to the Closing Date.
Rent tinder each Lease shall be prorated to the Closing Date. Buyer agrees to use reasonable, good
faith efforts to collect any unpaid delinquent rent from any tenant(s) as future rents come due and are
collected; provided, however, that Buyer shall have no obligation to bring suit against any party for the
collection of any such delinquent rent or to pursue eviction with respect to same. However, Buyer and Seller
agree that any rent actually received by Buyer after Closing shall be applied first to any rent applicable to the
month of Closing, second to any current rent due Buyer, and lastly to rent for the period of time the Property
shall have been owned by Seller. Any rent received by Buyer after Closing that is payable to Seller pursuant
to the immediately preceding sentence shall be remitted to Seller within thirty (30) days after it is received by
Buyer. Any rent actually received by Seller after Closing and attributable to the period of time after Closing
shall be paid promptly to Buyer. The provisions of this paragraph shall survive Closing. If rent is received by
either party after Closing for which such party was given credit, the party receiving the rent shall promptly
remit such rent to the other party.
All utility and other expenses, charges, bills, or trade accounts maintained or incurred by Seller in
connection with the Property prior to the Closing Date will be paid by Seller (unless some items are tenant
obligations under the Lease(s)). No leases, contracts or costs relating to the Property shall be assumed or
payable by Buyer except as expressly provided in this .Agreement. All prorations and adjustments under
this Section shall be made against the Purchase Price. The provisions of this Section 7 shall survive
Closing.
8. Title Examination. Prior to the end of the Inspection Period, Buyer may obtain a
commitment (the "Title Commitment") issued by a title insurance company of Buyer's choice (the
"Title Insurer") to issue an owner's policy of title insurance to Buyer covering the Property in the
amount of the Purchase Price. Buyer shall notify Seller on or before the expiration of the Inspection
Period, of any objections of Buyer to the title exceptions shown in the Title Commitment, and Seller shall
have a period of fifteen (15) days after the date of the notice within which to remedy the objections to the
satisfaction of Buyer. If the objections raised by Buyer are not cured or remedied within the 15-day
period referenced above, Buyer may at its election either: (a) accept title to the Property subject to the
objections (in which'event they shall be deemed Permitted Exceptions), or (b) terminate this Agreement,
and receive a return of the Deposit. Seller agrees to cure and eliminate, at or prior to Closing, all title
14665748
exceptions, whether or not objected to by Buyer, that (i) are leases or other occupancy agreements (other
than the Leases that will be assigned to Buyer as provided above), or (ii) may be satisfied by the payment
of a fixed sum of money, such as deeds of trust, mechanics' or materialmen's liens or other statutory liens
("Possessory/Monetary Exceptions"). Seller shall not further encumber the Property, after the Effective
Date, without the prior written consent of Buyer.
9. Survey. During the Inspection Period, Buyer may cause a licensed surveyor or engineer
to prepare a survey of the Property (the "Survey"). Buyer shall have the right to make written objections
to title based upon the Survey as provided above. Once the Survey has been prepared, upon Buyer's
request, Seller shall deliver a quit claim deed at closing (in addition to the special warranty deed) using a
legal description of the Land prepared from the Survey.
10. Covenants. Prior to the Closing Date, Seller shall continue to maintain and insure the
Property consistent with its normal course of operations. Buyer's prior written consent shall be required
for any amendment, extension, renewal, modification, tennination or other change with respect to any
Lease. Seller shall ensure that power to the Improvements shall remain on and in service until transferred
into Buyer's name at Closing; provided, however, if the Lease(s) obligates the tenant(s) to carry the
utilities then there shall be no obligation to transfer the utilities at Closing. Seller shall not enter into any
new lease or other occupancy agreement with respect to the Property unless Buyer approves in writing in
advance. Seller agrees to enter into no new service agreements or contracts relating to the Property that
will survive Closing and be binding on Buyer or the Property without Buyer's prior written consent.
Seller shall terminate at Closing, at Seller's cost, all existing service agreements or contracts, except any
contract or agreement that Buyer elects in writing to assume. Seller agrees to take no action to change the
zoning or entitlements of the Property without Buyer's prior written consent. If the zoning of the
Property or entitlements change prior to Closing, Buyer shall have the right to terminate this Agreement
by written notice to Seller, and the Deposit shall be disbursed to Buyer.
11. Intentionally omitted.
12. Delivery of Possession. Seller covenants, warrants and represents that, as of Closing,
there will be no lease or other occupancy agreement with respect to the Property other than the Leases to
be assigned to Buyer as provided above, and that Seller shall deliver exclusive possession of the Property
to Buyer on the Closing Date, subject to the Leases.
13. Representation and Warranties by Seller. Seller represents and warrants to Buyer
that:
(a) Seller owns, and as of Closing will own, fee simple title to the Property.
(b) Seller is a limited liability company duly formed and validly existing under the
laws of the State of North Carolina, and has full power and authority to enter into this Agreement,
and to convey the Property to Buyer in accordance with the terms of this Agreement. The
execution and performance of this Agreement by Seller will not result in the breach of any
provision of, or constitute a default under, any agreement or instrument to which Seller is a party
or by which the Property is bound. To Seller's actual knowledge (without independent
investigation), the execution and performance of this Agreement wilt not conflict with any
provision of law applicable to Seller. This Agreement has been duly authorized by all necessary
action on the part of Seller, and duly executed and delivered by Seller.
(c) Except for the Leases and all matters of record, Seller has not matte any
commitments to any governmental agency or other third party relating to the Property that would
14665748
impose any obligation on Buyer to make contributions of money or land, or to install or maintain
any improvements, or restricting the use, development or occupancy of the Property.
(d) Except for the Leases and all matters of record, there are no liabilities which
encumber the Property and no agreements or commitments relating to the Property that will
survive Closing or be binding upon Buyer, other than the Permitted Exceptions and any
agreements Buyer assumes at Closing.
(e) Seller has received no notice of, and has no actual knowledge (without
independent investigation) of, any pending or threatened action, litigation, condemnation or other
proceeding of any kind against the Seller or with respect to the Property. Seller has not received
any notice that the Property is in violation of any applicable zoning, flood, building or other code
or legal requirement, including without limitation the Americans with Disabilities Act.
(f) To the best of Seller's actual knowledge, without independent investigation,
(i) the Property does not contain any hazardous wastes, hazardous substances, hazardous
materials, toxic substances, petroleum products, pollutants, asbestos or lead -based paint, as
designated or regulated under any law or regulation for the protection of health, safety or the
environment, (ii) the Property does not contain any underground storage tanks, and (iii) the
Property complies with all applicable legal requirements.
(g) Each Lease is in full force and effect and accurately described in this Agreement.
Seller has fulfilled all of its material duties and obligations in connection with each Lease, Seller
is not in material default under any Lease, the tenant under each Lease is not delinquent in the
payment of rent or otherwise in default, no broker commissions or tenant allowances are due or
will become due in connection with any Lease, no rent has been or will be paid and accepted
more than thirty (30) days in advance under any Lease, and no rent concessions or waivers have
been or will be granted by Seller under any Lease.
(h) Neither Seller, nor to the knowledge of Seller any person, group, entity or nation
that Seller is acting, directly or indirectly for, or on behalf of, is named by any ,Executive Order
(including the September 24, 2001, Executive Order Blocking Property and Prohibiting
Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism) or the
United States Treasury Department as a terrorist, "Specially Designated National and Blocked
Person," or is otherwise a banned or blocked person, group, entity, or nation pursuant to any law
that is enforced or administered by the Office of Foreign Assets Control, and Seller is not
engaging in the transaction contemplated herein, directly or indirectly, on behalf of, or instigating
or facilitating the transaction contemplated herein, directly or indirectly, on behalf of, any such
person, group, entity or nation. Seller is not engaging in the transaction contemplated herein,
directly or indirectly, in violation of any laws relating to drug trafficking, money laundering or
predicate crimes to money laundering.
Seller agrees that the truthfulness of each of the representations and warranties of Seller in the
Agreement as of the Effective Date and the Closing Date is a condition precedent to Buyer's performance
under this Agreement, and all of such representations and warranties shall be deemed repeated at Closing.
Any breach by Seller of any representation or warranty made in this Agreement discovered prior to
Closing shall be a default under this Agreement, entitling Buyer to pursue the remedies set forth in
Section 15, and such representations and warranties shall survive Closing for a period of one (1) year.
14. Condemnation or Casualty. if any taking pursuant to the power of eminent domain is
threatened or occurs before Closing as to all or any portion of the Property, including any access or other
14665748 7
easements benefiting the Property, or a sale occurs in lieu of condemnation, or any casualty damage to the
Improvements occurs for which the reasonable estimated cost of repair is more than twenty percent (20%)
of the Purchase Price, Buyer may elect either to: (a) terminate this Agreement by delivery of written
notice of termination to Seller, or (b) proceed to Closing, in which event all condemnation proceeds,
insurance proceeds and other awards and payments arising from any such taking, sale or casualty shal I be
assigned to and paid to Buyer, without any adjustment of the Purchase Price (except that Buyer shall
receive credit for any deductible under Seller's property insurance policy in the event of a casualty), If
Buyer elects to terminate this Agreement, the Deposit shall be returned to Buyer by the Escrow Agent,
15. Defaults. If Buyer defaults under this Agreement, the sole remedy of Seller shall be to
receive and retain the Deposit as liquidated damages, it being agreed that Seller's damages in the event of
a default by Buyer world be difficult to estimate precisely and that the Deposit constitutes the parties'
best estimate of such damages.
Upon the breach by Seller of any representation or warranty in this Agreement, or default in the
performance of any obligation of Seller, Buyer may, (a) terminate this Agreement by notice to Seller, in
which event Buyer shall be entitled to the return of the Deposit and reimbursed from Seller of costs
incurred by Buyer in connection with this Agreement up to a cap equal to the Deposit; or (b) institute
proceedings in any court of competent jurisdiction to specifically enforce the performance by Seller of the
terms of this Agreement, and recover from Seller all attorneys' fees and other costs of the action.
16. Commissions. Each of Buyer and Seller represents and warrants to the other that no
brokers' or real estate commissions will be due as a result of the sale of the Property from its actions,
except for The Overton Group who represents Seller, and Bluestone Realty LLC, who represents Buyer
(together, the "Brokers"). Seller shall pay commissions based on separate agreements. Seller agrees to
indemnify, defend and save harmless Buyer from and against any cost and expense (including reasonable
attorneys' fees) incurred by Buyer as a result of the untruth of the foregoing representation by Seller, or
any claims by a broker for payment of a commission by Buyer based upon the actions of Seller. Buyer
agrees to indemnify, defend and save harmless the Seller from and against any cost and expense
(including reasonable attorneys' fees) incurred by Seller as a result of the untruth of the foregoing
representation by Buyer, or any claims by a broker For payment of a commission by Seller based upon the
actions of Buyer (provided that Buyer shall have no responsibility for the commissions due to the
Brokers).
IT Assignment. Buyer shall have the right to assign this Agreement, and its rights
hereunder, by notice to Seller. In each instance, the assignee shall assume in writing all obligations of
Buyer under this Agreement.
18, Notices. Any notice, consent or other communication permitted or required by this
Agreement shall be in writing, and shall be. given to each party, at the address set forth below, in the
following manner: (a) personal delivery, (b) reputable overnight delivery service with proof of delivery,
(c) United States Mail, postage prepaid, registered or certified mail, return receipt requested, or (d) email
transmission. Each such notice shall be deemed to have been given upon receipt or refusal to accept
delivery, or, in the case of email transmission, as of the date of the email transmission. Unless and until
changed as provided below, the addresses for notices given pursuant to this Agreement shall be as
follows:
IF TO BUYER:
CAP INVESTMENT PROPERTIES, LLC
15150 Sapphire Hill Lane
14665748
Charlotte, NC 28277
Attn: Ami Porter
Email: amiporter2003 a,yahoo.com
With a copy to:
Robinson, Bradshaw & Hinson, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Attention: Ty Shaffer
Email: tshaffer@robinsonbradshaw.com
IF TO SELLER:
NEW HANOVER REAL PROPERTIES, L.L.0
3916 Windy Hill Road
Chapel Hill, NC 27514
Attention: Kenneth P. Hollis
Email: khollis8l@gmail.com
With a copy to:
Ward and Smith, P.A.
120 West Fire Tower Road
Winterville, NC 28590
Attention: Michael Fields
Email: JMFaa wardandsmith.com
IF TO ESCROW AGENT:
Investors Title Insurance Company
5925 Carnegie Boulevard, Suite 550
Charlotte, NC 28209
Attention: Crates Grainger
Phone: 704-940-3561
Email: egraingerRinvtitle.com
Any party may change its address for notices by giving written notice of the change to the other
parties in the manner provided above. Notice by a party may be given by its counsel.
19. Escrow of Earnest Money. Escrow Agent is appointed escrow agent to receive, hold
and disburse the Deposit in accordance with the following terms and conditions:
(a) The Deposit shall be invested by Escrow Agent in an interest -bearing or non -
interest bearing account at a national bank, with any interest reportable as income to Buyer. Any
interest earned on the Deposit shall be reinvested for so long as the escrow shall continue, and
shall be considered a part of the Deposit.
(b) In the event of a default by Buyer under the terms of this Agreement, Escrow
Agent is instructed to deliver the Deposit to Seller.
14665748
(c) In the event of a default by Seller under the terms of this Agreement, or the
termination of this Agreement by Buyer in accordance with its terms, Escrow Agent is instructed
to deliver the Deposit to Buyer.
(d) In the event the sale of the Property is closed, Escrow Agent is instructed to
deliver the Deposit to Seller to be treated as a credit against the Purchase Price.
(e) It is agreed that the duties of the Escrow Agent are only as herein specifically
provided, and the Escrow Agent shall incur no liability whatever except for willful misconduct or
gross negligence, as long as the Escrow Agent has acted in good faith. The Seller and Purchaser
each release the Escrow Agent from any act done or omitted to be done by the Escrow Agent in
good faith in the performance of its duties hereunder.
(f) Escrow Agent shall comply with any terms contained in this Agreement with
respect to the disbursement of the Deposit. Any request for disbursement shall be signed by
Buyer and Seller; provided, however, that: (1) if Buyer terminates this Agreement prior to the
expiration of the Inspection Period, Seller's consent to the disbursement of the Deposit to Buyer
shall not be required, and (2) if either party makes a written request for disbursement to Escrow
Agent, with a copy to the other party, and the other party fails to object in writing within ten (10)
days, the Escrow Agent shall be authorized to disburse the Deposit to the requesting party. In
addition, Escrow Agent is authorized to disburse the Deposit in accordance with a court order.
(g) In connection with this escrow, Buyer and Seller agree to execute such
agreements as Escrow Agent may reasonably request. If there is a dispute as to whether the
Escrow Agent is obligated to deliver the Deposit or the cash to Close or as to whom the Deposit
or cash to close is to be delivered, the Escrow Agent shall not make any delivery, but in such
event, the Escrow Agent shall hold same until receipt by it of an authorization in writing, signed
by all parties having interest in such dispute, directing the disposition of same; or in the absence
of such authorization, the Escrow Agent shall hold the Deposit and/or the cash to Close until final
determination of the rights of the parties in the appropriate proceedings. If such written
authorization is not given or proceedings for such determination are not begun within thirty
(30) days of the Closing Date and diligently continued, the Escrow Agent shall bring all
appropriate action or proceeding to interplead the Deposit. The Escrow Agent shall be
reimbursed for all costs and expenses of such action or proceeding, including, without limitation,
reasonable attorneys' fees and disbursements, by the party determined not to be entitled to the
Deposit and/or the cash to Close. Upon making delivery of the Deposit and/or the cash to Close,
the Escrow Agent shall have no further liability.
20. Counterparts. This Agreement may be executed in any number of identical
counterparts, any or all of which may contain the signatures of fewer than all of the parties, but all of
which shall be construed together as a single instrument. This Agreement may be executed by facsimile
or scanned signatures sent by email, and any signature to this Agreement sent in such manner shall be
enforceable as an original.
21. Entire Agreement, Modification. This Agreement constitutes the entire and complete
agreement between the parties with respect to the Property and supersedes any prior oral or written
agreements between_ the parties. No modification of this Agreement, and no waiver of any of its terms or
conditions, shall be effective unless made in writing and duly executed by both parties.
14665748 10
22. Binding Effect. All covenants, agreements, warranties and provisions of this Agreement
shall be binding upon and inure to the benefit of the parties and their respective heirs, executors,
administrators, personal representatives, successors and assigns.
23. Controlling Law. This Agreement has been made and entered into under the laws of the
State of North Carolina, and those laws shall control the interpretation of this Agreement.
24. Time of the Essence. Time shall be of the essence in the performance of all obligations
under this Agreement. If the time period by which any right, option or election provided under this
Agreement must be exercised, or by which any act required under this Agreement must be performed, or
by which Closing must be held, expires on a Saturday, Sunday or a holiday, then such time period shall
be automatically extended to the next business day.
25. Survival. Intentionally Deleted.
26. Tax -Free Exchange. Buyer or Seller may desire to have this transaction constitute a tax-
free exchange of properties utilizing the provisions of Section 1031 of the Internal Revenue Code of
1986, as amended. Upon request, each of Seller and Buyer agrees to cooperate with the other in order to
effectuate and facilitate such an exchange, provided that: (a) the exchange does not delay Closing under
this Agreement, (b) the cooperating party does not incur any additional cost or liability as a result of his or
its cooperation, and (c) the cooperating party is not required to enter into any contract to purchase any
other property, or take title to any property other than the Property. In particular, a party may assign his
or its rights under this Agreement prior to Closing to a "Qualified Intermediary," as that term is defined in
applicable Treasury Regulations, provided that no party shall be released from any liability or obligation
hereunder as a result of such assignment.
27. Confidentiality. Except when required by law and except to Seller's brokers, attorneys,
accountants, lenders and other professional advisors (in which case Seller shall obtain their agreement to
maintain such confidentiality), Seller agrees to keep the existence of this Agreement, the identity of Buyer
and the financial terms of this Agreement strictly confidential, and shall not disclose, directly or
indirectly, those matters to any other person or entity without first obtaining the prior written consent of
Buyer.
[Signatures appear on next page]
14665749
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed a!� of
the day and year first above written.
SELLER:
NEW HANOVER REAL PROPERTIES, L.L.C.
By: K¢Le�i2
Name: Kenneth P. Ilollis
Title: Managing Member
BUYER:
CAP INVESTMENT PROPERTIES, LLC
By:
Name:
Title:
Ami N. Porter
Manager
The undersigned confirms its agreement to serve as Escrow Agent pursuant to Section 19 above.
INVESTORS TITLE INSURANCE COMPANY
By:
Name:
Title:
14665748 12
IN WITNESS WHEREOF. Seller and Buyer have caused this Agreement to be executed as of
the day and year fast above written.
SELLER:
NEW HANOVER REAL PROPERTIES, L.L.C.
By:
Name: Kenneth P. Hollis
Title: Managing Member
1II11437J
CAP INVESTMENT PROPERTIES, LLC
By: fi-, 13 P 't .
Name: Aini N. Porter
Title: Manager
The undersigned confirms its agreement to serve as Escrow Agent pursuant to Section 19 above.
INVESTORS TITLE INSURANCE COMPANY
Name: Nee r
vice vresmenz - sem<m<m am ezcro.. ooeranons
Title:
14665748 12
Exhibit A
Description of the Land
Being all of Lot 2 Section 1 (Revised) as show on that map entitled Seventeenth
East Section 1, recorded in Nap Book 39 at Page 79 of the, Hew Hanover County
Registry, reference to which is hereby made for a core parrlcualr description.
14665748 13
Exhibit B
Schedule of Leases
I. Lease, date September , 2020, between New Hanover Real Properties, L.L.C., as landlord,
and Cape Fear Council of Governments, as tenant.
2. Sublease Agreement, between The Cape Fear Council of Governments, as sublessor, and the
State of North Carolina, as sublessee.*
*Notwithstanding any terms or provisions to the contrary contained in this Agreement, since this
document is a sublease, Seller shall have no obligation with regarding thereto, and Seller makes no
representations or warranties associated with the sublease. Notwithstanding any terms or provisions to
the contrary contained in this Agreement, the parties agree that the sublease is included in the list for
disclosure purposes only, and shall be a Permitted Exception.
Signature:
Email: jmf@wardandsmith.com
1460748 14
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Prepared by and Returned to:
Jeffrey P. Keeter
Block, Crouch, Keeter, Behm & Sayed, LLP
P.O. Box 4, Wilmington, NC 28402
Revenue Stamps $427.00,
41U1 111111A111l
20080237557
FOR REGISTRgTIESECCAON REGISTER OF DEEDS
NEWRHOVERpCOUNTyH NC
1008 My 30 03:29:10 PM
SK:5318 P6:2665-2610 FEE426.00
NC REV STOP:$427,00
WRAF 1109802 T
Parcel ID: R06106-005-029-015
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this 30" day of May, 2008 by and between, DAVID KENT FONVIELLE, as
Trustee of the four (4) Trusts under the Will of Gloria P. Hinnant a/k/a Gloria Jean Hinnant, known
respectively as the Trust for the benefit of Morgan Chase Fonvielle; the Trust for the benefit of Alec
Moseley Fonvielle; the Trust for the benefit of Savannah Elizabeth Fonvielle; and the Trust for the
benefit of Waydus Reece Blanton (hereinafter collectively call "Grantor") and NEW HANOVER
PROPERTIES, LLC, a North Carolina Limited Liability Company,, whose address is 1319 Military Cutoff
Road, PMB 119, Suite CC, Wilmington, NC 28405, GRANTEE;
WITNESSETH:
THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other valuable considerations to him in hand paid by GRANTEE, the receipt of which is hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey
unto the said GRANTEE, its successors and assigns, the following described property lying and being in the
County of New Hanover, and State of North Carolina, and more particularly described as follows:
BEING A UNIT OWNERSHIP IN REAL PROPERTY, UNDER AND PURSUANT TO CHAPTER
47A OF THE NORTH CAROLINA GENERAL STATUTES, ENTITLED "UNIT OWNERSHIP
ACC" and being more specifically described as all of Unit F-I of OLEANDER OFFICE PARK,
PHASE 5, a condominium project situated upon real property located in the City of Wilmington,
County of New Hanover State of North Carolina, as said real property is described in the
"SUPPLEMENTAL DECLARATION TO DECLARATION CREATING UNIT OWNERSHIP OF
REAL PROPERTY UNDER THE PROVISIONS OF CHAPTER 47A OF THE GENERAL
STATUTES OF THE STATE OF NORTH CAROLINA, referred to hereinbelow; said unit being
RETURN TO:
BLOCK, CROUCH, KEETER
more specifically described by reference to and shown upon that set of plans of OLEANDER
OFFICE PARK, PHASE 5, which are recorded as Exhibit "B" to said SUPPLEMENTAL
DECLARATION, which Is recorded in Book 1271, Beginning at Page 223, in the Office of the
Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a
more complete description thereof; said plans also being recorded in Condominium Plat Book 6,
beginning at Page 276, in said Office; said unit also being more specifically defined in said
Supplemental Declaration, together with all appurtenances thereto belonging, including, but not
limited to, the undivided interest in the common areas and facilities of OLEANDER OFFICE
PARK, all phases, appurtenant to said unit as the same is established in said SUPPLEMENTAL
DECLARATION, or the Supplements thereto; said SUPPLEMENTAL DECLARATION
supplements and/or Incorporates the provisions of that DECLARATION CREATING UNIT
OWNERSHIP OF PROPERTY UNDER THE PROVISIONS OF CHAPTER 47A OF THE
GENERAL STATUTES OF THE STATE OF NORTH CAROLINA, which is recorded in Book
1235, at Page 628, in said Registry.
TOGETHER WITH and SUBJECT TO all rights, privileges, easements, obligations, restrictions,
covenants and conditions applicable and appurtenant to said units, specifically, and to unit
ownership in OLEANDER OFFICE PARK, in general, as the same are stated in said
DECLARATION, and SUPPLEMENTAL DECLARATION; referred to hereinabove.
The property hereinabove described was acquired by Grantor by instrument recorded in Book
5313 at Page 1319 of the New Hanover County Registry.
TO HAVE AND TO HOLD the above granted and described premises together with all and singular
the rights, privileges, easements and appurtenances and hereditaments belonging or in anyway appertaining
unto the said GRANTEE, its successors and assigns, in fee simple.
AND the said GRANTOR, for himself, his heirs and assigns, does covenant to and with the said
GRANTEE, its successors, heirs and assigns, that he is seized in fee of said premises and that he has good right
to sell and convey the same; that the title is marketable and free and clear from any and all encumbrances,
except a set forth herein; and that he will, and his successors and assigns shall, WARRANT AND DEFEND
the title to the same against the lawful claims and demands of any and all persons whomsoever.
Notwithstanding the foregoing, the warranties herein recited are subject to: 2008 ad valorem taxes; all
applicable zoning and land use ordinances, rules, regulations, laws and statutes; and all restrictive covenants,
easements and rights -of -way of record.
IN WITNESS WHEREOF, the said GRANTOR has hereunto set his hand and seal the day and year
first above written.
"s _1-)e/ �`� f y-04c '(SF_AL)
DAVID KENT FONVIELLE, as Trustee
Of the 'Trust for the benefit of
Morgan Chase Fonvielle
�✓ "EAL)
DAVID KENT 96NVIELLE, as Trustee
Of the Trust for the benefit of
Alec Moseley Fonvielle /-
(SEAL)
DAVID KENT j ONVIELLE, as Trustee
Of the Trust for the benefit of
Savannah Elizabeth Fonviel
—EAL)
DAVID KENTMONVIELLE, as Trustee
Of the Trust for the benefit of
Waydus Reece Blanton
State of North Carolina
County of NewHanover
I, Qtoe{V� 1 . �J 15 a notary public of County, North
� Carolina do certify that on this Q_ day of 030 200_, before me personally
appeared DAVID KENT FONVIELLE, as Trustee of the Trust for the benefit of Morgan Chase
Fonvielle
personally known to me;
Vproved tome by satisfactory evidence; KC VL
proved to me on the oath or affirmation of who is
personally known to me,
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it v Iuntarily for its stated purpose.
Notar Public OiIA4 F. euwc'
(Seal) N
�A��pssp�ST Pt riles
My Commission expires:
State of North Carolina
County of New Hanover
1, lil" P C uuyl`J , a notary public of V &) ivtWl 6/ County, North
Carolina do certify that on this l day of �, 2001 before me personally
appeared DAVID KENT FONVIELLE, as Trustee of the'rrust for the benefit of Alec Moseley
Fonvielle
personally known to me;
proved tome by satisfactory evidence; NL OL,
proved to me on the oath or affirmation of _
personally known to me,
who is
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
(Seal)
My Commission expires: JAMV- OJT w�
State of North Carolina
County of New Hanover
Public � ; P. Evaml-v
3 A�
s : ®l IC�
%9y
1 Oiwk {., I . �i/w , a notary public of County, North
Carolina do certify that on this JO_ day of 200 ,before me personally
appeared DAVID KENT FONVIELLE, as Trustee of fhe Trust for the benefit Savannah Elizabeth
Fonvielle
personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of
personally known to me,
o('
who is
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
P.
Public 'tli'.44� P
(Seal) ?�u �•gAR1, `
My Commission expires: e30, U09 $2 ; P VB •` 4 Z
:A1 a �.,
State of North Carolina
County of New Hanover
I, QI1Adh P. (JAlS ,a notary public ofVItW W County,North
Carolina do certify that on this 10) day of 200 , before me personally
appeared DAVID KENT FONVIELLE, as Trustee of the Trust for the benefit of Waydus Reece
Blanton
personally known to me;
proved to me by satisfactory evidence; NL bL
proved to me on the oath or affirmation of
personally known to me,
who is
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
Nota Public
(Seal) __••••••
t WIE, JD 200 . ETH p
My Commission expires: �% r..••""•••.,
���LEC iv
Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, March 10, 2022 1:48 PM
To: John Van Coutren
Subject: RE: [External] 1994 S 17th Street Wilmington NC, Storm water Permit SW8 010314
Mr. Van Coutren,
Since the project is under contract, please submit the permit transfer form signed by both the current permittee (New
Hanover Real Properties, LLC) and the purchaser. The current permittee will fill out Sections D & G. The proposed
permittee/purchaser will fill out Sections E & F. As indicated in that section, please attach a copy of the purchase
agreement showing that that company intends to buy the land. There are a list of items needed in Section C. You will
need $505, the application form, documentation from the NC Secretary of State that both entities signing the transfer
application are members or managers of the corporation, original signatures (as opposed to copies), the operation and
maintenance agreement (O&M EZ form) filled out for an infiltration basin and signed by the purchaser, the current
deed, and the certification which begins on Page 6 of the permit. The other items on the list are not applicable to you.
Once we receive the application, it will be assigned to an engineer. That person will go through the documents and will
arrange to have the site inspected. If issues are identified during the inspection that need to be fixed we will ask that
either those issues be fixed prior to transfer or that the proposed permittee signs a Schedule of Compliance agreeing to
address the issues once they are the permittee. (If they want to do that, have them check the box below.)
F. PROPOSED PERMITTEE CERTIFICATION
1.0" , hereby notity the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the projecUproperty covered by the stormwaler management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted storrnwater
management system. I acknowledge and attest that I have received a copy of. (select all that apply):
the most recent
the designer's certification for each SCK
any recorded deed restflctlons, covenants, common areas, drainage easements or plats,
the approved plans and/or approved as-buit plans;
the approved operation and maintenance agreelueuL
past maintenance records from the previous permatee (where requiredb
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. If 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.
The engineer reviewing the project will be in touch if additional information is needed. If you all have further questions,
please let me know.
Thanks,
Kelly
KPLL'�Joko'sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: 910.796.7335
From: John Van Coutren <john@overtongroup.net>
Sent: Wednesday, March 9, 2022 1:15 PM
To: Johnson, Kelly<kelly.p.johnson@ncdenr.gov>
Subject: [External] 1994 S 17th Street Wilmington NC, Storm water Permit SW8-010314
Good afternoon Kelly,
I am following up with an email to a VM I left a few minutes ago on your office phone. I am reaching out in regards to an
existing storm water permit located at 1994 South 17th Street Wilmington NC, Parcel ID # R06007-004-001-002 with a
stormwater permit SW8-010314. I am the agent in fact for the current owners New Hanover Real Properties, LLC and we
have the property under contract to sell to a new owner. We would like to understand the process in transferring this
permit to the buyer/new owner and were hoping you could shed some light on this as well as any other information we
need regarding the permit.
Please give me a call at your earliest convenience, I have attached the current permit
Thank you,
John.
John Van Coutren
The Overton Group
Vice President, Investment Sales
252-355-7006
252-702-0680 (c)
[u theovertongroup.com
[q 401 W 1st Street Greenville, NC 27834
Per NC Real Estate Law, we ask you to review "Working with Real Estate Agents", or if this is a lease transaction, "Working with Real
Estate Agents [Lease Transaction]". After you have reviewed the applicable publication, please schedule a meeting with us to
discuss the contents of the publication.
CONFIDENTIALITY STATEMENT: This email transmission contains information from The Overton Group, LLC., which is privileged and
confidential. It is intended only for the use of the addressee(s) shown above. If you are not the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of such information is strictly prohibited. If you have received this e-mail in
error, please immediately notify us by reply e-mail or telephone (collect call accepted).