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HomeMy WebLinkAboutSW8031130_HISTORICAL FILE_20140807STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0 31 l3 0 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS © HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20\LA O %o- YYYYMMDD �e NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 7, 2014 Carl D. Bryant, President Piedmont Recreation, Inc. PO Box 7884 Wilmington, NC 28406 Subject: Stormwater Permit No. SW8 031130 Name / Ownership Change and Permit Extension Dollar General Store — Holden Beach High Density Commercial Project Brunswick County Dear Mr. Bryant: John E. Skvarla, III Secretary Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. On April 2, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form for the subject project. The Division requested a copy of the Designer's Certification which was never provided. A file review and site inspection was performed on August 5, 2014 by DEMLR staff and as noted in the enclosed inspection report, the site is currently not in compliance with the terms and conditions of the state stormwater permit. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permlttee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit, Including the repair of the deficiencies noted in the inspection report. The Division is hereby notifying you that permit SW8 031130 has been transferred on August 7, 2014 and to remind you that this permit shall be effective until April 13, 2018. For your records, please find enclosed a copy of the updated permit, a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on April 2, 2013. Please keep this cover letter and permit on file at all times. Please inform this Office in writing before September 7, 2014, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies listed in the attached inspection report. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by September 7, 2014, then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 State Stormwater Management Systems Permit No. SW8 031130 This project is subject to the conditions and limitations as specified in the attached updated and transferred permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to address the noted deficiencies, to establish an adequate system for operation and maintenance of the stormwater management system, to transfer the permit in a timely manner, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional copies of the permit or approved plans, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sinc rely, c �4 tracyDavis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: \\\Stormwater\Permits & Projects\2003\031130 HD\2014 08 permit 031130 cc: Brett Butler, Holden Beach DG, LLC Jason Wilwerth, P.E., DDC Engineers Wilmington Regional Office Stormwater File Page 2 of 8 State Stormwater Management Systems Permit No. SW8 031130 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Piedmont Recreation, Inc. Dollar General — Holden Beach 3045 Holden Beach Road, Holden Beach, Brunswick County FOR THE construction, operation and maintenance of one (1) infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division and considered a part of this permit. This permit shall be effective from the date of issuance until April 13, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The stormwater control has been designed to handle the runoff from 24,951 square feet of impervious area. This basin is designed to hold the 10 year — 10 minute rainfall event and hold and infiltrate the 25 year — 24 hour event. No vegetative filter is required. 3. The tract will be limited to the amount of built -upon area indicated in Sectionsl.2 and 1.6 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all permitted 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 addition of drainage area and prior to the construction of additional built -upon area from outside of the approved drainage area. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 031130 6. The following design criteria have been provided in this alternative design infiltration basin BMP and must be maintained at design condition: a. Drainage Area, acres: 1.1 acres Onsite, ft : 43,995 Offsite, ftz: 3,821 b. Total Impervious Surfaces, ftz: 24,951 c. Basin Depth, feet: 2.5 d. Bottom Elevation, fmsl: 26.0 e. Bottom Surface Area, ftz: 4,393 f. Permitted Storage Volume, ft3: 14,358 g. Temporary Storage Elevation, fmsl: 28.5 h. SHWT Elevation, fmsl: 22.0 i. Type of Soil: Sand j. Expected Infiltration Rate: 24 inches per hour k. Time to Draw Down: 0.23 hours I. Receiving Stream/River Basin: ICWW / LBR59 m. Stream Index Number: 15-25 n. Classification of Water Body: "SA HQW" II. 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowin.9 and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bottom infiltration media, collection system ditches, swales, catch basins and piping. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate desigper for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 031130 7. 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. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 9. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 10. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 11. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DEMLR and provide the name, mailing address and phone number of the purchaser or leasee. 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 or lease of any portion of the property. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee must maintain the current permitted drainage area. No additional drainage area and no additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. III. GENERAL CONDITIONS 1. Any person or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures in accordance with NCGS 143, Article 21. 2. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 031130 3. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/OwnershipChange Form, accompanied by the supporting documentation as listed on the frm, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. Bankruptcy; c. Foreclosure; d. Dissolution of the partnership or corporate entity; e. A name change of the current permittee; f. A name change of the project; g. A mailing address change of the permittee; 4. In the event that the facilities fail to perform satisfactorily, including the creation fo nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The package must include the completed renewal application form and the renewal fee. Permit updated and transferred this the 7th day of August 2014. NOf�TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8 031130 Dollar General — Holden Beach Stormwater Permit No. SW8 031130 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly /full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 7 of 8 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. N/A 4. N/A 5. N/A 6. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. N/A 11. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 5 $ 03 (1 30 2. Project Name: Are— ln$r1taAt, it o4a 9siy 1A 3. Current Permit Holder's Company Name/Organization: 9-ou 04w 3f^c.N 3>(*, uc- 4. Signing Official's Name: � Title: v�tAc�Gn- 5. Mailing Address: City: RM O. * State: %f} Zip: 3o331 6. Phone: (zo ) q 5 f - 5 $"oo Fax: ( ?7a ) Q 33 --09 og II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) hange in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: ?1ftKa"7 6+ 2. Proposed permittee's signing official's name: -L 3. Proposed permittee's title: aetp. , 04,rr- 4. Mailing Address: ?a & J6 %83(1 City: lA tLM(n%6icrs State: (J L Zip: 2-9 YOC* Phone: 1 3 ') i Gg7 - rY /9S Fax: ( 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) The property owner Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) ECEIVE APR 0 2 2013 SSW N/O Change Rev24Sept2012 Page 1 of 4 BY------- III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Check here if current permittee is transferring the property to a new owner and will not retain nership of the permit. I, E4471 *ACC* ;?cz c the current permittee, am submitting this application for a transfer of ownershio for permit # 5,Aa 16,LN . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. I A Signature: Date: 311� Zq a Notary Public for the State of Gr y do hereby certify that eeco,u. ,Count of ►�e.,alns , —iPL.at, personally appeared before me this the i l day of Morc,4% , 20A!D , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Sea[) Notary Sign tturre CKRISTYSTEAL Notary Public APR 0 2 2013 Douglas county State of Georgia My Commission Expires Jun S, 2014 SSW N/O Change Rev24Sept2012 gVf age.2.of-4 — V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, U whereby notify the DWQ that I have acquired through salejrleas4 or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, t/his ap lication package will be returned as incomplete. Signature: l (� Date: 3 � I, �a r o\ 1 V a. Iz ' a Notary Public for the State of Ajo(+l, Goal) ,e County of CU1) QUA do hereby certify that (a r l (x yG ny-4 personally appeared before me this the /5 day of / G(/t h 20 �3 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, N15tary Signature (Notary Seal) ` Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. ECEQVE APR 0 2 2013 SSW N/O Change Rev24Sept2012 Page 3 of 4 BY:- North Carolina Secretary of State Page 1 of 1 °h North Carolina DEPARTMENT OFTHE E/aineF. Marshall Secnefary S ECRETARY OF STATE Po B t 29822 Relelyt, NC 276N-M (949)807.204 Account Login Register Date: 8/7/2014 Click here to: View Document Filings i File an Annual Report mjJ. Print a pre -populated Annual Report Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC PIEDMONT RECREATION, LEGAL INC. Business Corporation Information SOSID: 0113483 Status: Current -Active Effective Date: 5/23/1983 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BRYANT, CARL D Office Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Mailing Address: POST OFFICE BOX 7884 WILMINGTON NC 28406 Principal Office Office Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Mailing Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Officers/Company Officials Title: Name: Business Address: Stock PRESIDENT CARL D BRYANT 2802 WARLICK DRIVE WILMINGTON NC 28409 Class Shares No Par Value Par Value COMMON 100000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3765 http://www. secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4984711 8/7/2014 Compliance Inspection Report Permit: SW8031130 Effective: 04/13/04 Expiration: 04/13/18 Project: Dollar General Store Holden Beach Owner: Piedmont Recreation Inc County: Brunswick Adress: 3045 Holden Beach Rd Region: Wilmington CitylStatelZip: Holden Beach NC 28462 Contact Person: Carl D Bryant Title: Phone: 910-297-8195 Directions to Project: From int. of Holden Beach Rd. & Sabbath Home Rd., west on Holden Beach Rd. to old residence on Lot 3049'. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Intracoastal Waterway) (03-07-59) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 0810512014 Entry Time: 12:45PM Primary Inspector: Alicia R Lewis Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 01:OOPM Phone: 910-796-7215 Inspection Type: Transfer Renewal page: 1 permit: SW8031130 Owner - Project: Piedmont Recreation Inc Inspection Date: 08/05/2014 Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: Teh inspection revealed the following compliance issues: 1. The Designers Certification has not yet been submitted, despite 2 previous requests. 2. The building roof drains on the west side are spilling onto the ground and the runoff is not being collected and directed to the infiltratio basin. 3. The swale on the east side requires attention. It needs to be graded in some areas, stabilized in other areas, and the slopes at the end where it enters the basin are overgrown and need to be mowed. 4. Based on the grading, there may be more offsite drainage into this basin than the application originally accounted for. To resolve the compliance issues, please provide / perform the following: 1. Have the BMP certified by an appropriate professional. 2. Collect the west side roof drains and direct the runoff into the basin, or regrade the west side property area so that the runoff is directed into the basin. 3. Provide the necessary maintenance to restore the east swale. 4. Investigate the possibility of offsite drainage from the tract to the east of the project. You will need to either account for any additional runoff or provide a means of diverting or bypassing that runoff. page: 2 'Z:;� Permit: SW8031130 Owner • Project: Piedmont Recreation Inc Inspection Date: 08/05/2014 Inspection Type - Transfer Renewal Reason for Visit: Other File Review Is the permit active? Signed copy of the Engineers certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: 1 The designers certification has not been submitted. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Yes No NA NE ® ❑ ❑ ❑ ❑ ®❑ ❑ ®❑❑❑ ❑ ❑ ® ❑ Yes No NA NE ■ ❑❑❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ®❑ ❑ Comment: 2 The roof drains on the west side of the building are spilling out to the ground. The grading in this area allows the runoff to bypass the infiltration basin. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Yes No NA NE ®❑ ❑ ❑ ❑ ❑ ® ❑ Comment: 3 The infiltration area looked fine Despite the large amount of recent rain in the past 10 days the water level was only a few inches deep It should be gone within the next 5 days if there are no additional rain events. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑®❑❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: 4 The drainage swale on the east side of the property is not well-defined The area adjacent the 3 parallel parking spaces is very unstable and sandy: while the Swale slopes are very overgrown. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ©❑ ❑ Comment: 5 It appears that offsite drainage from the adjacent tract to the east may be allowed to enter the drainage swale. 6 Since the new owner signed the transfer form the permit is being transferred without the designers' certification in hand The new owner is now responsible for addressing all the deficiencies. page: 3 / SOSI D: 0113483 Date Filed: 4/23/2014 3:49:01) PD1 Elaine F. Marshall c04T9 (45) Business Corporation Annual Report North Carolina Secretary of State 10-2213 Name of Business Corporation: PIEDMONT RECREATION INC Secretary of State ID: 0113483 State of Formation: NC Fiscal Year Ending: 12 31 13 ® 1 hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55-16-22) has not changed and is therefore complete. Section A: Registered Aaenrslnformation 1. Name of Registered Agent: 2. Signature of the New Registered Agent: 3. Registered Office Street Address & County (Sieneme Wnietiges Consent m the appointment) 4. Registered Office Mailing Address Section B: Principal Office Information 1. Description of Nature of Business: RENTAL PROPERTIES 2. Principal Office Phone Number: 3. Principal Office Email: 4. Principal Office Street Address & County 5. Principal Office Mailing Address Section C: Officers (Enter additional Officers in Section E.) Name: Name: Name: Title: Title: Title: Address: Address: Address: Section D: Certification of Annual Report Section D must be completed in its entirety and signed by a person listed under Section C, or a person signing for an angry listed under Section C. 02-26-2014 SignaTum (I'Dinighust too dared by an officer a mrpor:nion) Data CARL D. BRYANT PRESIDENT Print a Type Name of Officer Tile NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director April 12, 2013 Brett Butler, Manager Carl D. Bryant, President Butler Properties, Manager Piedmont Recreation, Inc. Holden Beach DG, LLC PO Box 7884 2727 Paces Ferry Road, Suite 1-255 Wilmington, NC 28406 Atlanta, GA 30339 Subject: Request for Additional Information and Request for Designer's Certification Dollar General Store Holden Beach — 3045 Holden Beach Road Stormwater Permit No. SW8 031130 Brunswick County Dear Messrs. Butler and Bryant: John E. Skvarla, III Secretary On April 2, 2013, the Division of Water Quality received a completed request to transfer the stormwater management permit to Piedmont Recreation, Inc. As part of the required documentation which is listed at the top of page 2 of the transfer request form, please note that a designer's certification is required for the permitted infiltration basin. The required certification has not yet been submitted. The permit cannot be transferred until the designer's certification is submitted. Mr. Butler is the current permittee of record, and as such is still responsible for providing the certification. In order to facilitate this transfer, the Division suggests that the two of you work out the financial aspect by each paying half of the consultants fee. Please be reminded that the permit requires the submission of the Designer's Certification upon the completion of construction and prior to the operation of the permitted facility. The Division can still enforce against Mr. Butler for permit violations. Additionally, please be reminded that Piedmont Recreation, Inc. is currently in violation of NCGS 143-215.1 for the operation of a treatment system without a valid permit, and is subject to the enforcement procedures as outlined in NCGS 143 Article 21. Please provide the requested Designer's Certification by May 12, 2013. The permit cannot be transferred without this certification. If you have any questions, please do not hesitate to call Linda Lewis at (910) 796-7215 or via email at linda.lewista)ncdenr.aov. S in cerely (J: 6KL� Linda Lewis Environmental Engineer III GDS\arl: S:IWQSIStormwaterlPermits&Projects\2003\031130 HM2013 04 letter 031130 cc: Jason Willwerth, P.E., DDC Engineers WiRO Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: "77-623-6748 Internet: vrxw.ncvvaterquality.og NorthCarolina Naturally An Equal Opportunity 1 Affirmative Acton Employer Arj@ MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 4, 2013 Brett Butler, Manager Butler Properties, Manager Holden Beach DG, LLC 2727 Paces Ferry Road, Suite 1-255 Atlanta, GA 30339 Division of Water Quality Charles Wakild, P. E. Director Carl D. Bryant, President Piedmont Recreation, Inc. PO Box 7884 Wilmington, NC 28406 Subject: Request to Transfer State Stormwater Permit and Request for Designer's Certification Dollar General Store Holden Beach — 3045 Holden Beach Road Stormwater Permit No. SW8 031130 Brunswick County Dear Messrs. Butler and Bryant: John E. Skvarla, III Secretary On April 13, 2004, the Division of Water Quality issued a stormwater management permit to Holden Beach DG, LLC for the construction, operation and maintenance of built -upon area and an infiltration basin associated with the Dollar General Store located at 3045 Holden Beach Road, near Supply, NC. On March 1, 2013 the Wilmington Regional Office of the Division of Water Quality conducted a routine permit file review of the subject stormwater project and discovered the following administrative issues: 1. The required Designer's Certification has not been submitted. Google images indicate that the project's construction is complete, however, the required designer's certification has not be submitted. 2. A search of the NC Secretary of State Corporations database indicates that the permittee, Holden Beach DG, LLC, withdrew its application for certificate of Limited Liability Company on August 24, 2004, just a few months after receiving the permit, and a few days after selling the property to Piedmont Recreation, Inc. by warranty deed recorded on August 5, 2004 in Deed Book 1990 at Page 1367. Please be aware that the permit contains the following conditions that the permittee must meet: 1. Schedule of Compliance Condition 11.6 requires the submission of the Designer's Certification upon the completion of construction and prior to the operation of the permitted facility. 2. General Condition 111.9 of the permit states that the permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. There is no record of receiving notification regarding the sale of this property. Holden Beach DG, LLC is currently in violation of the permit for failing to notify the Division of the ownership change. Additionally, General Condition 111.1 of the permit states that the permit is not transferable except after notice to and approval by the Director. Piedmont Recreation, Inc. is currently in violation of NCGS 143-215.1 for the operation of a treatment system without a valid permit. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 Internet vnvw,ncwaterquality.org NorthCarolina Naturally An Eaual O000nunity 1 Atfrmabve Action Emolover Messrs. Butler and Bryant Stormwater Permit No. SW8 031130 March 4, 2013 On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which grants an extra year for a total of four (4) years extension. Accordingly, this permit, which was set to expire on April 13, 2014, shall now be effective from the date of issuance until April 13, 2018, which includes all applicable extensions. The permittee is subject to the conditions and limitations as specified in the April 13, 2004, permit. Please work together to get the attached Name/Ownership Change form completed, signed and returned. In the meantime, the project's built -upon area and the permitted infiltration basin will be inspected for compliance. An inspection report will be provided to both Mr. Butler and Mr. Bryant. Any compliance items will need to be addressed before the permit is transferred, or if all parties agree in writing, the compliance issues can be addressed by Piedmont Recreation, Inc., after the permit is transferred. Please provide the requested Designer's Certification and signed Name/Ownership Change/Permit Transfer Form by April 4, 2013. If you have any questions, please do not hesitate to call Linda Lewis at (910) 796-7215 or via email at Iinda.lewis(@ncdenr.gov. Sincerely, Georgette D. Scott Stormwater Supervisor GDS\arl: S:\WQSIStormwater\Permits&Projects\2003\031130 HD\2013 03 letter 031130 cc: Jason Willwerth, P.E., DDC Engineers WiRO Stormwater File Page 2 of 2 North Carolina Secretary of State Page I of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 3/1 /2013 Click here to: View Document Filings I File an Annual Report I J Print a pre -populated Annual Report Form I Amended A Previous Annual Report Corporation Names Name Name Type NC PIEDMONT RECREATION, INC. LEGAL Business Corporation Information SOSID: 0113483 Status: Current -Active Effective Date: 5/2311983 Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BRYANT, CARL D Office Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Mailing Address: POST OFFICE BOX 7884 WILMINGTON NC 28406 Principal Office Office Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Mailing Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Officers Title: PRESIDENT Name: CARL D BRYANT Business Address: 2802 WARLICK DRIVE WILMINGTON NC 28409 Stock Class Shares No Par Value Par Value COMMON 100000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4218 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4984711 3/1/2013 CO-479 (45)/ Business Corporation Annual 12-8-11 Name of Business Corporation: PIEDMONT RECREATION INC Secretary of state ID: 0113483 State of Formation: NC SOSID: 0113483 Date Filed: 5/21/2012 2:10:00 PNI Elaine F. (Marshall North Carolina Secretary of State Fiscal Year Ending: 12 31 11 ® I hereby certify that an annual report completed inks entirety has been submitted and the information requested below (required by NCGS 55-16-22) has not changed and is therefore complete. Section A: Registered Agent's Information 1. Name of Registered Agent: 2. Signature of the New Registered Agent: 3. Registered Office Street Address & County Section B: Principal Office Information (sionaaea =8tiMea mnaent W ft apWini hare) 4. Registered Office Mailing Address t. Description of Nature of Business: RENTAL PROPERTIES 2. Principal Office Phone Number: 3. Principal Office Email: 4. Principal Office Street Address & County 5. Principal Office Mailing Address Section C: Officers (Enter additional Officers in Section E.) Name: Name: Name: Title: Title, Title: Address: Address: Address: Section D: Certification of Annual Report Section D must be completed in its entirety by a Person/business entity. nem muN a�aea by an cit a Rc—o—wa'o' Dale CARL D. BRYANT PRESIDENT p Nor ype Name car Tide JVZII V: 111 IJ45J ~ CD-479 (45, Business Corporation North Carolina Annu Date FiElaine1F. Ma hall O PM Elaine F. Marshall to- 8- North Carolina Secrctary of State This report may be filed online at the Secretary of State website: www.so 2009 127 01067 Name of Business Corporation: PIEDMONT RECREATION INC. Fiscal Year Ending: 12 31 08 State of Incorporation: NC Month / Dry / Year Secretary of State ID Number: 0113483 I hereby certify that the information requested below (required by NCGS 55-16-22) has not changed since the most recently filed annual report and is therefore complete. Nature of Business: RENTAL PROPERTIES Registered Agent: CARL D. BRYANT Registered Office Mailing Address: P 0 BOX 7884 County: City: State: Zip Code: Registered Office Street Address: 2802 WARLICK DRIVE County:NEW HANOVER City: WILMINGTON State:NC Zip Code: 28409 Signature of New Registered Agent: (Signature constitutes consent to the appolntment) Principal Office Telephone Number: 9102978195 Principal Office Mailing Address: 2802 WARLICK DRIVE City: WILMINGTON State:NC Zip Code: 28409 Principal Office Street Address: 2802 WARLICK DRIVE City: WILMINGTON State:NC Zip Code: 28409 Name, Title, and Business Address of Principal Officers: Name: CARL D. BRYANT Title: PRESIDENT Address: 2802 WARLICK DRIVE City: WILMINGTON state: NC zip: 28409 Name: Title: Addrea: City: State: Zip: Naar: Title: Addresa: City: State: Zip: Certification of annual report (Must be completed by all Business Corporations). Signature (Form reset be signed b/an orlow or corporation) CARL D. BRYANT Type or Prim Name )Mpa 4 Date PRESIDENT Title New Hanover County Page 1 of 1 PARID: R06100-002-014-000 BRYANT CARL DOUGLAS BELINDA W Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 313616.94.3378.000 2802 WARLICK DR WILMINGTON 04B15 RES-Residential 10-1 Fam Res 1 0 R-15-RESIDENTIAL DISTRICT LOT 20 SEC 1 WARLICK ESTATES WM BRYANT CARL DOUGLAS BELINDA W WILMINGTON NC 28403 ICIi�L\IA697:iNr5FTrIPa 2802 WARLICK OR http://etax.nhcgov.comIFormsIPrintDatalet.aspx?pin=RO6100-002-014-000&gsp=PROFILE... 3/ 1 /2013 North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 3/1 /2013 Click here to: View Document Filings I File an Annual Report J Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report I Corporation Names Name Name Type NC HOLDEN BEACH DG, LLC LEGAL Limited Liability Company Information SOSID: 0714356 Status: Withdrawn Effective Date: 3/3/2004 Annual Report Due Date: Citizenship: FOREIGN State of Inc.: GA Duration: PERPETUAL Registered Agent Agent Name: SECRETARY OF STATE Office Address: 2 SOUTH SALISBURY STREET RALEIGH NC 27601 Mailing Address: 2 SOUTH SALISBURY STREET RALEIGH NC 27601 Principal Office Office Address: 2727 PACES FERRY ROAD SUITE 1-255 ATLANTA GA 30339 Mailing Address: Officers 2727 PACES FERRY ROAD SUITE 1-255 ATLANTA GA 30339 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4218 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=6200853 3/l/2013 0714356 Date Filed: 9/1/2004 11:20:00 AM Elaine F. Marshall North Carolina Secretary of State C200424300509 State of North Carolina Department of the Secretary of State APPLICATION FOR CERTIFICATE OF WITHDRAWAL OF LIMITED LIABILITY COMPANY Pursuant to §57C-7-11 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies to the Secretary of State for a Certificate of Withdrawal and for that purpose submits the following statement. I. The name of the foreign limited liability company is: Holden Beach DG, LLC 2. The limited liability company is formed under the laws 3. The limited liability company is not transacting business in the State of North Carolina and surrenders its authority to transact business in this State. 4. The limited liability company revokes the authority of its registered agent to accept service of process and consents that service of process in any action or proceeding based upon any cause of action arising in the State of North Carolina, or arising out of business transacted in North Carolina, during the time the limited liability company was authorized to transact business in North Carolina may hereafter be made on such limited liability company by service thereof on the Secretary of State. 5. The mailing address to which the Secretary of State may mail a copy of any process served on him pursuant to the paragraph above is: C/o Marks & Williams. LLC City, State, Zip 6. The limited liability company will file a statement of any subsequent change in its mailing address with the North Carolina Secretary of State. 7. This application will be effective upon filing, unless a date and/or time is specified: This thc,;"- " 'day of August , 20 04 Holden Beach DG, LLC Name of Limited (Liability QCompany � )6 't `ti � � V U(zo Yam/ Signature Debi Wilson, Manager Type or Print Name and Title Notes: 1. Filing fee is $10. This application must be Bled with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH. NC 27626-0622 (R"uedJanuory, 2002) (Form L-14) 3045 Holden Beach Road, Holden Beach, NC - Google Maps Page 1 of 1 Address 3045 Holden Beach Rd SW Google 3045 Holden Beach Rd SW Get Google Maps on your phone Supply, NC 28452 Q Im the word "GMAPS"to 466453 4 sd dhcon.' ko SE i W 0 Ip rattA°S� - a ,�' 4 ag 3 1`16 sh H R° b�D"r Rd SW J ji 1 ° 01 0 l s1 yyu sy�� R° SW m O Nrlw h 9E BoonH Ren' f i Rd �o�Me w i 2 Th 4 _ 130 r &,WM_-kMnW may,e E u'dCdW& w y 1 - - ®2013 Google - Map data 02013 Google http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=3045+Holden+Beac... 3/1 /2013 �� ��. �ao�,� 41�1 �F�� 4 it ck Corurty--Rer)istex nE tikrrx3s rr�1M `�¢ �J oba:rC J. Robinson 08/05/2004 V � `OCR wmaM vms"223598 Rook 19')OPane 1367 $1,pp5i69.00 8 nn70O(,� 8/05/2004 11:43:56M Reco a0� t1�pj,INN,a a Rsal aalale �/,Q EaCNa Tax O RET c �� REV J TCN nn REC# Tolt � - /YI CK AMT 3CK� (['G CASH ��— Rfe �� BY �' 'ldBFi'Y � �® NE _ WHOM P..Vw-c l Ly C.. J Excise Tax: 5 AFFER RECORDING RETURN TO: Marks & Wllllams, LLC c+ 7380 McGinnis Ferry Read, Suite l Suwance, Gcorgia 30024 770-622-4500 0 POF7®ffGR21W4 RETURN so::: (hcevatte, 13evatts ��c ' isi/iE, l STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF BRUNSWICK �/a THIS SPECIAL W �l8ds 4 'day of July, 2004, by and between HOLDEN BEACH DG, LLG� 4 Zfljgl1 4 ligi - c ' y ("Grantor') and PIEDMONT RECREATION, INC., a North Carolina corpora=") whose address is P.O. Box 7884, Wilnington, North Carolina, 28406. The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter, w required by context. _ ' a �f.� � a e� That Grantor, for a vecru 6ort�d y Grantee, the receipt and sufficiency of which is hereby acknowledged,�tQd b}` ,$rosoifelde'nt, bargain, sell and convey unto Grantee in fee simple, all that certain lot or p�i%'of@ jWanted in Lockwood Folly Township, Brunswick County, North Carolina and more particularly described on Fxhrbit .,A,., attached hereto and incorporated herein. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belongin& Crrantee in fee simple. "a Ard Grantor covenants wi - , �10naF_L`imittor is seized of the hereinabove described premises in fee simple, that n t totCd7nvq -de same in fee simple, that title is marketablev„ and free end clear � a 1 encum p as otherwise hereinafter set forth), and that Grantor wall wammm and defend the title against the I claims of all persons claiming by, through or under Grantor, but not otherwise (except with respect to the matters heeinafter act forth). �nI 0 �� MhJ.9GGU.C1L4llL �t) OOC�G fro%� &L ��✓O ���qs l: k 72759II Book 1990Paq[!: 135t3 Notwithstanding anything contained herein to the contrary, title to the hereinabove described premises is subject to those exceptions listed on Exhibit "B•, attached hereto. e4 IN WITNESS WHEREOF Q for has causSd�tftts/, t�iunent to be duly executed under seal as of the day and year fast above O v r V l� �I,/�'— v H��FS. Y, ,B�EA,, C By: / JQ -- 7 Brett � eer, Manager rrrrrrrrrrrrrrr+rrrrrrrrrrrr r++rt"�`4:��iY+l�irrrrr+r+rrr+++r+r+++r+++++ VOW4DCaIDffifIItC�. STATE OF GEORGIA COUNTY OF COBB I, kY kSi"11'l( a Notary Public of the aforesaid Stale and County, do hereby certify that i2V L. Butler, mans er If�III�¢den Beach DG, LLC, personally appeared before me this day and acknow"U�ged- dti� �q"nU�1lte forgoing instrument. �)..� . WITNESS my hand an o iMsl l U eda} '%'n I _V004. ,,.`p0���..All a;•�j' [OFFICIAINW*NblicCobb CowN Georgia is y.: w l ,.•. •. My Commission Expires Febmary 241h 200� �� otary tic •y'•., . = 0 N yy; ........ My Commission Expires: ✓[(ILS"� a �0��27C�3ziy� • STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK CHRISTINA f[j HIERS The Foregoing(orannexed) Certificate(s) of Notary(ies) Public is (are) Certified to be i This Instrument was filed for Registration in the Book and page shown on the First F (j co August 2004 ROBERT J. RO INSON, Register of Deeds a� �cc) �:: A 223598 Book1.990Paye: 1J69 GilQ1 A parcel of land situated in Lockwood Folly Township, Brunswick County, North Carolina and more particular% tzribed as follows; Commencing at the po��w} " nl1VOr1tr8na Highway 130 south, North Cazolina Highway 13Q� 4i r ; each RftMMdiStam Road 1239, Thence southwesterly along the southerlyright of w 1�iof � mlina Highway 130 a distance of 1,631.44 feet, according to a survey plat by B"tihiswick Surveying, Inc recorded in Map Cabinet 17 Page 247 of Brunswick County Records, to a 1 ''/2" nail set at a base located at the northwesterly comer of a tract of land recorded in Deed Book 161 at Page 622 of Brunswick County Records, said I %d' nail found being the northeasterly comer of the herein described parcel and the TRUE POINT OF BEGINNING; From the TRUE POINT O ry r GIN k4:tltVi established, leaving the southerly right of way line of N ghwayitJfJ#jWden Beach Road), South OS degrees 57 minutes 44 sec�es4 atf JX line of said tract of land recorded in Deed Book 161 at Page 622, a distance`ooi275k feet to a 2" rebar found; Thence North 86 degrees 10 minutes 36 seconds East, along the southerly line of said tract recorded in Deed Book 161 at Page 622, a distance of 171.49 feet to a 1 '/2" rebar found; Thence South 02 degrees 46 minutes 40 seconds East along the westerly line of a parcel of land recorded in Deyed Book 131 at page 83 a di tan of 18.20 feet to a rebar found; Thence North 871blues 49 minutes si ��cc.QQ I, along the southerly line of the said parcel recorded in Dc�s"dBoQk[fl f , 9"b 3, a distance of 99.35 feet to a 5/8" pipe found; Thence Soythh c% � , 1 tmnutees,0 Fast, a distance of 4.81 feet to a'G' pipe found; �� ce South? " s 34 minutes 39 seconds West, a distance of 317.33 feet to a'/. " rebar found: Thence �aith?63 degrees 04 minutes 02 seconds West, a distance of 106.78 feet, to a'/a " rebar found: Thence North 05 degrees 58 minutes 44 seconds West, a distance of 208.33 feet to a 2 " rebw found; Thence North 06 degrees 05 minutes 34 seconds West, a distance of 299.73 feet, to an iron pin found on the southerly right o�way line of North Carolina Highway 130; Thence North 89 degrees 37 minutes 07 seco tf ,Faast, along the sa sq�lh "}Oght of way line of Nosh Carolina Highway 130, a dish of-176�d �`ttp. r r nail set at a base found. Said 1 Y." nail found being thp,T - 12 O�n7F'�B,:,:,� YN Gyt Said tract of land containing 2.0 acr�anrrBGirg t�tow�vn on and described according to that certain plat titled "ALTA/ACSM Land Title Survey for Project Number 03S-267 for Chicago Title Insurance Company, Holden Beach DG, LLC, Regions Bank, Toy Johnson, by IandAir Surveying Company, dated July 16, 2003, and bearing the seal of Jon G. Adams NC RLS No. L-4143, which survey is hereby made part of this legal description by this reference. r� lJ � �a0��27Cc'.I7� 4 111ze C��� M�Oovz U 9&o�19, `ram ovb--d OF,nn] 6IVOnA;; Lust. N 22 598 &xrk 1990Psxjv: 1.370 EXHIBIT"B" - I. All zoning, building and use laws, ordinances, riles and regulations of any governmental authority; ���2. Liens for ad valorem taxes not y�f'tduepd �po}�, 'b_la, Fl p, l�J U acr�ffo-vtc�aa 3. That certain Lease, dated 8y� 1'5, 23$1".grantor, as "Lessor' therein, and Dolgmcorp. Inc., as "Lessee" therein; Olylu 4. All licenses, easements, agreements, covenants, encumbrances and restrictions of record as of the date hereof; 5. All matters which would bNvgaled by ana �cpSatj,n'�tr( r inspection of the property v conveyed hereby; Mr�``� � 6. That certain Rightof-WaVFhdehien[ f tj�lde� eaacc LLC to Brunswick Electric Membership Corporation, dated Apnl l F26*. and 7. That certain Drainage Easement between Holden Beach DG, LLC and Lyndon L. Holden and Judith D. Holden, dated February 19, 2004, and recorded in Deed Book 1912, Page 1160, Brunswick County,, North Carolina Registry. CO�� aeJJ�aaaa 22Irr 4 ��"�Z����471Q'.vnn