Loading...
HomeMy WebLinkAboutSW8070202_Historical File_20181120 Lewis,Linda From: Lewis,Linda Sent: Wednesday, November 14, 2018 11:38 AM To: 'Richard (Rick)A. Moore' Subject: SW8 070202 San Rio Master Permit Rick: After reviewing the revised application information, I am going to ask for additional changes: 1. Please add a separate column for the Pond 1 DA/BUA to the application. I'm confused as to how Pond 1 can accommodate both the Phase 1C development and the Phase 4B development. The previously approved plans for Pond 1 limit the drainage area to the proposed Amenity area at the entrance, and does not appear to include Phase 4B. 2. Are there any changes to the previously allocated BUA limits for the 151 lots in Phase 1? If so, please provide a new signed deed restriction document and update the lot BUA reported on the application. Currently, the BUA limits are assigned as follows: Lot# Maximum Built- Upon Area (sf) 1-21, 28-48 2900 22-27, 49-80, 90-100, 3900 106-125, 134-150 81-89, 101-105, 126-133 4900 151 8000 Thanks, Linda Lewis, E.I. Environmental Engineer Ill Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office lin ia.le',,vis(ciTcdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 :I.:, ,hr • `' Nothirng Compares - .IZ ,;:,;i..'_ :-.+'r.°- i(' .F '0 arid from this address ' ,:b ect to tt?C. - ,. L."..• 'iU `, Record:; _., ., _ ..�'_ . tr,n'-ird parties. 1 McMM&CREED E GINEERS SURVEYORS PLANNERS October 12, 2018 M&C 07105-0003 (40) Ms.Linda Lewis, EI St )7070 202 NC DEMLR-DEQ 127 Cardinal Drive Extension Wilmington, North Carolina 28403 RE:SW8 070202—San Rio Master Plan and Phase 1 Additional Information Submittal Dear Ms. Lewis: This is in response to comments received via email on April 20, 2018 regarding the application and submittal package for the above referenced project. Please find attached a letter from the Permittee requesting rescission of permit SW8 070834, SanRio Phases 2 and 3. This rescission allows for a reduction of the previously approved BUA in this permit modification. Please also find attached a table of proposed built upon area limits for each phase in which it has been determined. The remaining phases are included in the table but show TBD (to be determined)in the impervious surface area detail section. We used your table as a starting point but added a line for the stormwater project boundary area as it relates to the wetlands rules from the 1995 stormwater rules. These area determinations were included in our previously submitted calculations.A revised page 3 of 6 of SWU-101 is attached removing the old data. The last item to address is the 77,730 SF of BUA listed in our original submittal. This was a previously approved BUA allocation in the Wet Pond 1 drainage area. This BUA is now included '. the table mentioned above for clarity. Sincerely, q McKIM&CREED, I a ' .. p !et. �'•.• SEAL 025503 E Q pEcte--ivEt 14:3 North Front �,Richard A Moore •. PE �` Tqn: ,gton ?8 ^ Senior iyx oject Manager��''�+,I,iIj' ;,�,y,��`',a``, OC 1 1 2 2018 End: Rescission Letter and BUA Tables �— - — CC: File 3253-0009(40) Fax '4 1 J.25 1 .s' v MCKEN/I&CREED LETTER OF TRANSMITTAL HAND DELIVER DATE: October 17,2018 TO: NCDEMLR PROJECT NO: 7105-0003 TASK NO: 10 127 Cardinal Drive Extension RE: San Rio Master Plan and Phase 1 Wilmington, NC 28405 SW8 070202 MOD ATTENTION: Linda Lewis TRANSMITTAL NO: 1 of 1 PAGE 1 OF 1 WE ARE SENDING: ®Originals ❑ Prints ❑ Shop Drawings ❑ Samples ❑ Specifications ❑ Calculations ❑Other- Quantity Drawing No. Rev. Description Status 1 Revised Permit Rescission Letter Issue Status Code: A. Preliminary B.Fabrication Only C.For Information D.Bid E. Construction F. For Review&Comments G. For Approval H. See Remarks Action Status Code: 1. No Exceptions Taken 2.Make Corrections Noted 3. Other 4. Amend&Resubmit 5. Rejected-See Remarks REMARKS: 243 NORTH FRONT STREET,WILMINGTON,NC 28401(910)343-1048 FAX(910)251-8282 cc: File, 7105-0003 McKIM & CREED, Inc. Signed _. Colf-- aOSIGE. Richard A.Moore,PE Senior Project Manager OCT 17 2018 drapac capital partners October 15, 2018 - ECG:V �i Ms. Linda Lewis, El OCT 1 7 2018 NCDEQ—DEMLR—State Stormwater Program 127 Cardinal Dr. Extension Wilmington, NC 28405 �Y: �4�C�3�i RE: SW8 070834,San Rio Phases 2 and 3 Permit Rescission Request Dear Ms. Lewis: This letter is to request rescission of the referenced permit. This request is necessary based on the following: a A request from the Department to modify the Master Stormwater Permit for San Rio(SW8 070202MOD)to reduce the total project area due to the removal of approximately 224 acres of land to the northeast of Gray Bridge Road; • To remain an overall low density project,the densities of Phase 2 and 3 must be reduced; • Since Phase 2 and 3 must be reduced in the Master Stormwater Permit, issuance of it would instantly put San Rio into non-compliance with Permit SW8 070834; • Wholesale site plan changes which will ultimately require a permit modification to SW8 070834 are currently in the planning stages; • Therefore,we request rescission of SW8 070834 so the Master Stormwater Plan can be approved without putting San Rio Phases 2 and 3 into non-compliance. I trust you will find the enclosed satisfactory. If you should have any questions regarding this information, please feel free to contact me at(323)640-3180. Sincerely, c,1 Costa Alexiou Manager of DSSII Holding Co, LLC,the Manager of Stars and Stripes 21, LLC ■ Principlesfor US - CORPORATE HEADQUARTERS AUSTRALIA •■��i Responsible ■■■1 Investment 1123 Zonolite Road NE, Suite 2,Level 3, 200 Lygon Street, Suite 30,Atlanta,GA 30306 Carlton,VIC 3053 T+1(404)480 4900 T+613 9321 2500 E contact@drapacgroup.com E contact@drapacgroup.com Lewis,Linda From: Lewis,Linda Sent: Thursday, October 11, 2018 9:59 AM To: 'Richard (Rick)A. Moore' Cc: Scott, Georgette Subject: SW8 070202 San Rio Rick: We've held onto this application since our last email exchange on May 18, 2018. Since there's been no further action to address the situation, the application must be returned as incomplete. When you get it all straightened out, you can resubmit. Please forward this email to the applicant, Mr. Costa Alexiou, Stars & Stripes 21, LLC. I will follow up with an official return letter addressed to Mr. Alexiou. Linda Lewis, E.I. Environmental Engineer Ill Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Intia.Iewis4ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 •} ��� t o r�'� r..f i, ±4 e� .. r 7i:...: ._ lr;;r .':: t.;;' t1 '..,`. ;'�, t7,%r !- ', •--• 1 Q� �¢ September 27,2018 Ms.,Linda Lewis, EI NCDEQ—DEMLR—State Stormwater Program 127 Cardinal Dr.Extension Wilmington, NC 28405 5 (e' RE: SW8 070834 ��� San Rio Phases 2 and 3 Permit Rescission Request Dear Ms.Lewis: This letter is to request rescission of the refere. •d permit. This request is necessary based on the following: • A request from the Department t• • odify the Master Stormwater Permit for San Rio (SW8 070202MOD)to reduce •- total project area due to the removal of approximately 224 acres of land to the nor • -ast of Gray Bridge Road; • To remain an overall low •ensity project,the densities of Phase 2 and 3 must be reduced; • Since Phase 2 and 3 m • be reduced in the Master Stormwater Permit,issuance of it would instantly put Rio into non-compliance with Permit SW8 070834; • Wholesale site pl. • changes which will ultimately require a permit modification to SW8 070834 are curr- • y in the planning stages; • Therefore,we •quest rescission of SW8 070834 so the Master Stormwater Plan can be approved '1 out putting San Rio Phases 2 and 3 into non-compliance. I trust you will .i d the enclosed satisfactory. If you should have any questions regarding this information, • ease feel free to contact me at(910)343-1048. Sincerely DSS I oldi Co,LLC,Manager;Stars and Stripes 2I,LLC l/ Coast ' exiou I •r ``ti\ 1)51e-j 1/ Lewis,Linda From: Richard (Rick) A. Moore <RAMoore@mckimcreed.com> Sent: Friday, May 18, 2018 8:42 AM To: Lewis,Linda Subject: RE: [External] RE: SW8 070202 San Rio Request for Additional Information CAUTION: External email.Do not click links or open attachments unless verified.Send all suspicious email as an attachment to Linda- I agree that rescinding the 070834 permit and modifying the master permit now is the best course of action. I will contact the owner t:o explain the situation and hopefully get them to submit a letter requesting rescission of the 070834 permit that I can include with our response to your add info request. Thank you! Rick From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Friday, May 18, 2018 8:39 AM To: Richard (Rick) A. Moore Subject: RE: [External] RE: SW8 070202 San Rio Request for Additional Information Rick: I understand your question a bit better now . By modifying the master permit SW8 070202 to reduce the project area and/or BUA limits assigned to Phase 1, it does impact the SW8 070834 permit because the development approved under that permit for Phases 2 & 3 will no longer match up to the -Master permit. Our problem (the Division) is that if we modify the master permit, it will put the 070834 permit into instant non-compliance. Since wholesale changes are in the works for Phases 2 & 3 anyway, it might be best to simply rescind the 070834 permit and just stick with modifying the master permit until such time as the next phases are developed, at which time you can apply for a new permit for those individual phases, or you can simply update the master permit. If you modify the master permit, and keep the 070834 permit active, then you will need to modify the 070834 permit at the same time to avoid compliance issues. Linda From: Richard (Rick)A. Moore [;nailto:RAMoore@mckimcre d.com] Sent:Thursday, May 17, 2018 1:48 PM To: Lewis,Linda <iinda.lewis@ncderir.gov> Subject: [External] RE: 5W8 070202 San Rio Request for Additional Information 1 • CAUTION: External email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to Linda- Not sure if this got buried in your inbox hut wanted to check once more to see. Unless I hear otherwise I am going to proceed with resubmittal of the package based upon your additional information request and we can rehash the permit for Ph 2 and 3 later. Thank you- Rick From: Richard (Rick) A. Moore Sent: Wednesday, May 09, 2018 11:45 AM To: 'Lewis,Linda' Subject: RE: SW8 070202 San Rio Request for Additional Information Linda- I was able to do my file review on San Rio last Friday, May 4. As mentioned previously, until your email below, I was unaware that BUA had been permitted for Phases 2 and 3 via SW8 070834. The permit modification request I submitted was simply to modify the original Master SW Permit(SW8 070202MOD), leaving the Phase 1 BUA allocations alone and reducing the BUA allocations in the Master SW hermit for the other phases. This reduction was necessary to keep the project at 30% BUA with the removal of the acreage on the other side of Gray Bridge Road from the permit. So the question becomes,do I need to modify the permit covering the BUA for Phases 2 and 3 (SW8 070834)so that the BUA in it reflects the same amount being requested in the Master SW Permit? Both of these phases will ultimately undergo wholesale redesign to the site layout and SCM's. In my opinion, if I need to modify SW8 070834 to reduce BUA allocation,you would need plans showing the proposed BUA(site layout), proposed SCM's, supporting supplements/calcs, etc, correct?Since we aren't even close to that point,could we request rescission of the permit and come back at a later date to permit these phases? Our Master SW Permit would still include revised BUA allocations for future phases as requested in the previously submitted permit modification and provide vested rights for future development so I don't see any other issues with rescinding it. To the 77,730 SF of BUA mentioned below-this was the BUA associaled with the SCM for Phase 1C in the original Master SW Permit(FYI there was a typo in the permit in section 1-5 on page 3 of 9 showing 77,7730 SF of BUA). The total BUA permitted for Section 1 was listed in the spreadsheet submitted as our attachment to Page 3 of 6 which we will be modifying based on your below comments. This BUA drains to low density swales rather than a structural SCM. Total BUA for all other Phases was provided in the aforementioned spreadsheet however breakdown of roads, lots, sidewalks,etc is still to be determined. I know this is starting to get complicated- please feel free to call and discuss if it is easier. Thanks, Rick From: Lewis,Linda [mailto:linda.lewis@ ncderr.00v] Sent: Friday, April 20, 2018 9:17 AM 2 , To: Richard (Rick) A. Moore Subject: SW8 070202 San Rio Request for Additional Information Rick: I am reviewing the application for San Rio received on March 2, 2018, and have the following question/comment: The SW8 070202 permit is the Master Permit which permitted the actual proposed Phase 1 development and set the density limits and BUA limits for the future development of the remaining phases. Phases 2 & 3 are permitted under SW8 070834. If the modified application for SW8 070202 is intended to reflect the reduction of project area due to the sale of the 224 acre tract across the street, then the application page 3 of 6 needs to reflect that. You have provided a separate, fairly detailed breakdown sheet of the overall project area, the phases draining to SA and the phases draining to non-SA waters. If that sheet could be modified a bit to reflect the breakdown of the previously permitted BUA in Phases 1, 2 and 3, you could substitute this breakdown sheet for page 3 of 6. Right now, page 3 of 6 only proposes 77,730 sf of BUA, which doesn't begin to cover the BUA that was previously approved for Phases 1, 2 and 3. When you modify a project, the application needs to include and cover everything, not just what is currently proposed. I'm not sure what the 77,730 sf is for?? I've attached an Excel spreadsheet "application insert" that you can use to report all the phases and BUA to be covered by the Master Permit in addition to the SCM's. You can duplicate that table as many times as needed to show columns based on each phase and you can have columns based on each proposed Stormwater Control Measure. Please respond prior to May 4, 2018. Since the applicant, Mr. Alexiou did not provide an email address, please forward this email to him. Thanks, Linda Lewis, E.I. Environmental Engineer Ill Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis a(�,ncdenr.00v Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ~�Nothiing Compares Erna(correspondence dence to and horn This address r,`.-:sub_fect to the North Carol/Ha Pubic Records Lau and may be disclosed to third Disciaimer 3 ThiT vJith 7! c Li tc • e-n-!:::11 in in th:s Cocck L.iv ;•-•f ILt H-12;- ic 7 by any Disclaimer it 6i'z.! •'...y1:ii.!,••! .41\ in .:, 1-r31. zny : r : C: : :ecipieht ; . 7 caused by ny virus 4 Lewis,Linda From: Lewis,Linda Sent: Monday, March 05, 2018 12:21 PM To: 'Richard (Rick)A. Moore' Subject: SW8 070202 Receipt of Stormwater Application The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) received the modified Stormwater Management Permit Application and $505.00 fee (Check # 189617) on March 2, 2018. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. The permit holder, Costa Alexiou, did not provide an email address on the application. Please forward this email to them. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis a(,ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 NZ '-'Nothing Compares . -,-. ?-r+c li cc.4/-c sp )ildei4-,e __`,wicit`;C in thiS aCtd':„ , , isbjeCt to Me No rti ..U 01i110 :^.,.c c Records.1== Law and '.. .:;sed ["1 third parties. 1 Complete ess Review Checklist Project Name: o kas f(cn -- Received Date: IA, t (y Project Location: p a-t i -- Accepted Date: �/Y�,.-`. 2-6(ig 17tLthp4s)- 20D8 Coastal 1_11995 Coastal ®Phase !I (WIRO.) Universal ❑1988 Coastal I •"y e a l�e'rk_``:: New o i\oo or PR 1E;iistIng permit#(Mod or PR): n i© nPE Cert on File? 1 ,�_ Density: HD or (..:11S) Type: Commercial or Residential ENCG: °o: El%OK?) ,Stream C[[e.ss: JSA Map ®Offsite to SW8 1Subdivided?: Subdivision or Single Lot I IORW Map FlExempt Paper`secrL' Emailed Engineer on: Supplement(s) (1 original per BMP) BMP Type(s): O&M with correct/original signatures(1 original.per BlOPP except LS/VFS and ales) Application with correct/original signatures Deed k ,ICerp or LLC: Sig. Auth. per SoS or letter ifEmail Address: Design Engineer 505 (within arr:o) ( — -0. l g.9 6 / -7 ®Email Address: Owner Soils Report with SHWT (y n (e Note to er: 9 alculations (signed/sealed) � .-�„,- ., C�,v``- i S - EINo obvious errors I Density includes common areas, etc lc. �0L - L - Deed Restrictions, if subdivided: r �'� ' Signed & Notarized Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans O' 02 Sets ODetails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend —_ ODA Maps Project Boundaries Infiltration I Wet Pond Offsite Soils Report OSoils Report DPE Cert for Master Lot#: SHWT: EISHWT: Deed Rest for Master ®Lot# Matches Master Bottom PP: 1.4 BUA Permitted (Master): sf Visited: � � , BUA Proposed (Offsite): sf Additional Information: A 172,e:u'mMi-nr Proposed: Proposed: Proposed: BUA (sf) f DA(sf) `..... PP (el) i SHWT(el) Depth (ft) SA (sf) I I v MCK M&CREED LETTER OF TRANSMITTAL NSMITTAL HAND DELIVER DATE: February 20,2018 TO: NCDEMLR PROJECT NO: 7105-0003 TASK NO: 10 127 Cardinal Drive.Extension RE: San Rio Master Plan and Phase 1 Wilmington,NC 28405 W8 070202 ATTENTION: Linda Lewis TRANSMITTAL NO: 1 of 1 PAGE 1 OF 1 WE ARE SENDING: ®Originals ® Prints ❑ Shop Drawings ❑Samples ❑Specifications ® Calculations ❑ Other— Quantity Drawing No. Rev. Description Status 1+1 Original+Copy SWU-101 2 Stormwater Project Narrative 2 Sealed Calculations 2 Current Deed 2 Signature Authority Documentation 2 Review Plans—Not Released for Construction 1 Check#: 189617 $505 Review Fee Issue Status Code: A.Preliminary B.Fabrication Only C.For Information D.Bid E.Construction F. For Review&Comments G. For Approval H. See Remarks Action Status Code: 1.No Exceptions Taken 2.Make Corrections Noted 3.Other 4.Amend&Resubmit 5.Rejected-See Remarks REMARKS: 243 NORTH FRONT STREET,WILMINGTON,NC 28401(910)343-1048 FAX(910)251-8282 File, 7105-0003 McKIM & CREED, Inc. (-0Signed Ck/ Q C E I i�r"'E Richard A.Moore,PE,LEED AP Senior Project Manager MAR 0 1 2018 f�Y� - RIO STORMWATER PERMIT MODIFICATION ,,'= = • liECEIN/Er y MAR 01 2018 PROJECT NARRATIVE SEAL �� = Ig BRUNSWICK COUNTY,NORTH CAROLINA 02550 BY: Project#7105-0003 "'%t, %1N , e DESIGN NARRATIVE RR AA San Rio is an overall low-density project located in Brunswick County,NC and is covered by a stormwater master plan including the first 151 single family lots in Phase 1. The original permit issuance for the tract known as San Rio included approximately 702 acres; approximately 478 acres to the southwest of Gray Bridge Road(Phases 1, 1B, 1C, 1D,2,2B, 3, 3B,4A and 4B) and approximately 224 acres to the northeast of Gray Bridge Road(Phase 5, 5B and 5C of the original permit). When the current owner of this section of San Rio purchased it, only the areas southwest of Gray Bridge Road were purchased. The purpose of this master plan modification is to remove the tract northeast of Gray Bridge Road and revise the proposed impervious area within each phase to continue meeting the overall low density concept of the project. The original Master Stormwater Permit(SW8 070202)was issued for the development on June 8,2007 and there have been no material changes to the land plan since this approval. A subsequent permit modification was issued on October 26, 2016 transferring ownership of the permit to DSSII Holding Co., LLC. One of the requirements of this permit was to reflect the loss of the acreage northeast of Gray Bridge Road. PROPOSED IMPROVEMENTS The planned development includes single and multi-family homes with typical ancillary infrastructure/uses including roads, sidewalks, amenity center(s), etc. The stormwater project area in each phase was calculated by adding the total upland area within each phase to the total wetland allowance credit in the phase using 25% of the wetland area or the 100' wetland strip, whichever is less. Per the requirements of the existing stormwater rules at the time of approval of the existing stormwater permit(Coastal SW— 1995),the total allowable built upon area for the project is calculated using an overall density factor of 30% (SC waters) in the phases northwest of Tar Landing Road(Phases 1, 1B, 1C, 1D, 2, 2B, 3, 3B) and 25%(SA waters)for phase southeast of Tar Landing Road(Phases 4A and 4B). Each of the phases has been allocated an amount of built-upon area consistent with the proposed density of the phase. Of the eight phases, 1C, 1D,2, 2B, 3 and 4B are considered high density developments. The improvements proposed for low density areas will consist of roadways,water and wastewater utilities, and stormwater drainage collection and treatment systems. All roads will have curb and gutter with curb outlet swales utilized to treat stormwater runoff from roadways in the project. Stormwater runoff in high density pockets will be treated with an appropriate stormwater control measure (SCM) for its location. As each phase of the development moves forward,this master permit will be modified to reflect the actual proposed BUA and SCM for each phase. r' -09NIHI�" ih Mild Med top 09-04 2mm7 ' Registration �}F�� J! LJ1Illi!ii!1!!1!L of Deeds page 1 of fi 1m111,11 M O9. Presentertitavdiadaft Ret: 21 44% Total � Rev int. '' y w .. Ck$ Ck# Cash$>>Refund: Cash$ Finance Portions of document are illegible due to condition of original. Document contains seals verified by original instument that cannot be reproduced or copied. Prepared by: Faggert&Frieden,P.C. Return to: Alan M.Frieden,Esquire Faggert&Frieden,P.C. 222 Central Park Avenue,Suite 1300 Virginia Beach,VA 23462 Grantee's Address: 448 Viking Drive,Suite 220 Virginia Beach,VA 23452 Parcel ID: A Portion of 19800002 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Revenue Stamps: S0.00 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made as of this ,2 day of� n'/, 2007 by and between SANDLER AT SHALLOTTE, L.L.C, a Virginia limi liabilitycompany, Grantor, and SHALLOTTE NORTH,L.L.C,a Virginia limited liability company,Grantee,the designation Grantor and Grantee as used herein shall include said parties,its heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context; WITNESSETH: WHEREAS, Grantor is the owner of certain real property and the improvements thereon more specifically described in Exhibit"A"attached hereto(the"Property");and WHEREAS,Grantor desires to make a distribution of the Property to Grantee,its wholly owned subsidiary;and WHEREAS,Grantee is a limited liability company which is wholly owned by Grantor;and WHEREAS,Grantee desires to acquire the Property. ECEIVE MAR 01 2018 BY: IIIIIIIIIIIIII1 lIIIIIIII1111IIIIIII Robe r p. a rns 176;" Brunswick County, NC Register of Deeds page 2 of B NOW,THEREFORE,the Grantor has and by these presents does grant, bargain and convey unto the Grantee in fee simple,those certain lots or parcels of land situated in Brunswick County,North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The Property hereinabove described was acquired by Grantor by instrument recorded in Book 2232 at Page 162 of the Brunswick County Public Registry. A map showing the above described property is recorded as follows: Plat Book 19 at Page 23 of the Brunswick County Public Registry. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple; AND THE GRANTOR covenants with the Grantee,that the Grantor has done nothing to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,except for the exceptions hereinafter stated. This conveyance also includes the conveyance,assignment and transfer by Grantor unto Grantee, subject to theAssignment,of all of Grantor's right,title and interest in(a)the income,rents,receivables, security or similar deposits,revenues,issues,royalties,profits,earnings, productsthe and proceeds from any and all of the Property together with the rig ht,power and authority to collect the same,(b)all leases,written or oral,now in existence or hereafter arising,all other agreements for the use and occupancy of all or any portion of the Property,and any and all extensions or renewals of any such leases and agreements,together with the right,power and authority of Grantor(subject to the Assignment)to alter,modify or change the terms thereof;or surrender,cancel or terminate the same,and(c)any and all guarantees of any obligations of any lessee or occupants under any of such leases and agreements. By execution hereof; Grantee hereby accepts the foregoing conveyance and transfer of the Property by Grantor. Title to the property hereinabove described is subject to the exceptions of record. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1111111111111111111111111111111 82669 P6291 ° m00 Brunswick County, NC Resister of Deeds page 3 of 6 IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,the day and year first above written. GRANTOR: SANDLER AT SHALLOTTE,L.L.C. a Virginia limited liability company(SEAL) By: (SEAL) athan D.Benson,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH I' \—.-tiv�c�A� o a� a Notary Public of City of Virginia Beach and State of Virginia, do hereby certify that NATHAN D. BENSON (the "Signatory"), Manager of SANDLER AT SHALLOTTE,L.L.C.,a Virginia limited liability company,personally appeared before me this day and by authority duly given,acknowledged the due execution of the foregoing instrument on behalf of the limited liability company. I certify that the Signatory personally appeared before me this day,and (check one of the following) K. (I have personal knowledge of the identify of the Signatory);or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the form of (check one of the following) a driver's license or in the form of (a credible witness has sworn to the identityof the );or The Signatory Signatory). acknowledged to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or this day o v v s� ,2007. Undo J.Todd d70'6cowwanh aR ary Public Nasty CommilaignNo.MOM Print Name: \\ my caa mom Eamm arnung � ,� ���,�. (Note: Notary Public must sign exactly as on notary seal) [NOTARY SEAL] My Commission Expires: C`-7- \C, 1111111111111111111111111111111111 Rob.r ,1. Ro inson-44-0 Brunswick County, NC Register of Deeds page 4 of 6 GRANTEE: SHALLOTTE NORTH,L.L.C. a Virginia limited liability company(SEAL) By: (SEAL) than D.Benson,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH I' \Ar :--7Sci . a Notary Public of City of Virginia Beach and State of Virginia, do hereby certify that NATHAN D. BENSON (the "Signatory"), Manager of SHALLOTTE NORTH,L.L.C.,a Virginia limited liability company,personally appeared before me this day and by authority duly given,acknowledged the due execution of the foregoing instrument on behalf of the limited liability company. I certify that the Signatory personally appeared before me this day,and (check one of the following) (I have personal knowledge of the identify of the Signatory);or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license or in the form of );or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Witness my hand and official stamp or seal 's 1 1tda of 1 ,s\ ,2007. Linda J.Todd ,gqp _ /-Z AALI1,41) CommortwooNh of WOW otary Public Contictmlas No.VOW My Coodsion Egan 07131f2010 Print Name: w`Ks.��\o& (Note: Notary Public must sign exactly as on notary seal) [NOTARY SEAL] My Commission Expires: 0'7-'4,1-1 b S:1clientskos vaOmmeedDoc lllllII1IIIIII1111IIIIIIIIIICIIlilIII Bass Pa2s3;nson-44° Brunswick County, NC egister of Deeds page S of fi EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SAN RIO Description for Tract B—225.44 Acre+- Located in Lockwood Folly Township,Brunswick County,State of North Carolina on the northeast side of Gray Bridge Road(S.R.1134)and south of N.C.Hwy.No.130,and being described with Bearings relative to the North Carolina Grid Meridian,as follows: Beginning at an iron stake in the northeast line of Gray Bridge Road,said stake being located South 87 Degrees 30 Minutes 54 Seconds East a distance of 55.00 feet from a PK Nail in the center of the intersection of Gray Bridge Road and Tar Landing Road,and runs thence With the northeast side of Gray Bridge Road North 54 Degrees,27 Minutes,42 Seconds West a distance of 2590.52 feet to an iron stake;thence With the northeast side of Gray Bridge Road as it curves to the right,a chord of the curve is North 44 Degrees 36 Minutes 13 Seconds West a distance of 488.38 feet to an iron stake;thence North 34 Degrees,44 Minutes,44 Seconds West a distance of 247.59 feet to an iron stake,the west corner of the Mike Calender tract(Bk 1011,Pg.722);thence With the line of the Calender tract North 77 Degrees,39 Minutes East a distance of 1119.59 feet to an iron pipe and North 32 Degrees,54 Minutes,35 Seconds East a distance of 1128.65 feet to an iron pipe in the run of Sherrow Swamp;thence With the run of Sherrow Swamp as it meanders North 46 Degrees,22 Minutes,41 Seconds East a distance of 170.36 feet; South 61 Degrees,32 Minutes,43 Seconds East a distance of 185.94 feet; North 81 Degrees,06 Minutes,56 Seconds East a distance of 187.47 feet; North 41 Degrees,28 Minutes,57 Seconds East a distance of 56.55 feet; North 08 Degrees,16 Minutes,52 Seconds East a distance of 72.90 feet; North 00 Degrees,21 Minutes,18 Seconds East a distance of 140.21 feet; North 30 Degrees,38 Minutes,05 Seconds East a distance of 45.38 feet; South 87 Degrees,53 Minutes,47 Seconds East a distance of 86.22 feet; North 4 Degrees,34 Minutes,26 Seconds East a distance of 67.90 feet; North 26 Degrees,33 Minutes,55 Seconds West a distance of 58.56 feet; North 50 Degrees,47 Minutes,39 Seconds East a distance of 42.91 feet and North 64 Degrees,45 Minutes,34 Seconds East a distance of 243.61 feet to an iron pipe in the center of the run,a corner of the Tammey Nord Midkiff tract(Bk.912,Pg.943);thence With the line of the Midkiff tract South 44 Degrees,40 Minutes,28 Seconds East a distance of 658.14 feet to an iron stake,a corner of the Wayne and Lina Nord tract;thence With the lines of the Wayne Nord's tract and Albert W.Nord's lot(Bk.860,Pg.622)South 44 Degrees, 40 Minutes,28 Seconds East a distance of 667.36 feet to an iron rod,the south corner of Albert W. Nord's lot;thence IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Bas69 P13294 1a Brunswick County, NC Regis sr of Deeds page 6 of 6 With the line of Albert W.Nord's lot North 40 Degrees,02 Minutes,00 Seconds East a distance of 577.49 feet to an iron rod in the line of Wayne Nord's tract;thence With the line of the Wayne Nord tract South 44 Degrees,52 Minutes,26 Seconds East a distance of 445.68 feet to an iron pipe and North 46 Degrees,11 Minutes,06 Seconds East a distance of 1221.02 feet to an axle stake in the line of the Minor Hewett lot(Bk.293,Pg.220);thence With the line of the Minor Hewett lot South 47 Degrees,01 Minutes,14 Seconds East a distance of 204.30 feet to an iron stake and North 45 Degrees,02 Minutes,09 Seconds East a distance of 290.91 feet to an iron stake,the west corner of the Culbert C.McCall lot(Bk.200,Pg.366);thence With the line of the McCall lot South 78 Degrees,12 Minutes,51 Seconds East a distance of 205.50 feet to an iron stake and North 84 Degrees,47 Minutes,9 Seconds East a distance of 135.57 feet to an iron stake in the southwest side of NC Hwy.No.130;thence With the southwest side of NC Hwy.No.130 South 62 Degrees,55 Minutes,46 Seconds East a distance of 679.90 feet to an iron pipe,the north corner of Gene Evan's lot(Bk.738,Pg.54);thence With the line of the Evan's lot South 28 Degrees,12 Minutes,36 Seconds West a distance of 199.36 feet to an iron stake and South 61 Degrees,42 Minutes,15 Seconds East a distance of 125.62 feet to an iron stake in the line of the Wibur Hewett lot(Bk.829,Pg.775);thence With the lines of the Wilbur Hewett lot,the Natalie Love lot(Bk.829,Pg.777)and the Raymond Carr Iot South 68 Degrees,15 Minutes,23 Seconds West a distance of 921.71 feet to an iron pipe and South 42 Degrees,12 Minutes,24 Seconds East a distance of 403.77 feet to an iron pipe in the line of Pine Haven Subdivision(Map Bk.I,Pg.298);thence With the line of the Pine Haven Subdivision South 68 Degrees,28 Minutes,01 Seconds West a distance of 1351.29 feet to an iron pipe in the line of the Alston Stafford tract(bk.232,Pg.892);thence With the line of the Stafford tract North 41 Degrees,59 Minutes,32 Seconds West a distance of 659.23 feet to an iron pipe;South 68 Degrees,26 Minutes,37 Seconds West a distance of 1428.53 feet to an iron pipe and South 42 Degrees,05 Minutes,39 Seconds East a distance of 1581.99 feet to an iron pipe,the north corner of the Linda Callender tract;thence With the line of the Linda Callender tract South 68 Degrees,46 Minutes,15 Seconds West a distance of 311.30 feet to an iron pipe;South 67 Degrees,49 Minutes,58 Seconds West a distance of 552.51 feet to an iron pipe and South 42 Degrees,16 Minutes,33 Seconds East a distance of 771.62 feet to an iron pipe, the north corner of the Ocean Isle Development tract(Bk.901,Pg.401;thence With the line of the Ocean Isle Development tract South 71 Degrees,42 Minutes,35 Seconds West a distance of 234.91 feet to an iron stake;South 57 Degrees,49 Minutes,50 Seconds West a distance of 199.89 feet to an iron stake and South 62 Degrees,41 Minutes,29 Seconds West a distance of 327_79 feet to an iron pipe in the northeast side of Gray Bridge Road;thence With the northeast side of Gray Bridge Road North 53 Degrees, 19 Minutes,26 Seconds West a distance of 338.24 feet to the point of beginning,CONTAINING 225.44 acres more or less,and being all of TRACT B shown on a plat recorded in Plat Book 19 at Page 23 of the Brunswick County Registry. UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF DSSII HOLDING CO,LLC A DELAWARE LIMITED LIABILITY COMPANY The undersigned, being all of the Managers of DSSII HOLDING CO, LLC, a Delaware limited liability company (the "Company"), hereby adopt, confirm, and ratify the following resolutions of the Managers of the Company in accordance with the Operating Agreement of the Company and with the Delaware Limited Liability Company Act: SUBSTITUTION OF AGENT FOR SERVICE OF PROCESS IN GEORGIA RESOLVED, that Alex Ciuca is approved as this Company's agent for service of process in Georgia, substituting for this Company's current agent for service of process; RESOLVED FURTHER,that the Managers of this Company shall make such filings with the Secretary of State as shall be necessary to effect the substitution of this Company's agent for service of process. OMNIBUS RESOLUTION RESOLVED FURTHER that the Managers of the Company are authorized and directed to do all acts and execute all instruments and documents necessary or advisable to carry into effect the intent of the above resolutions, and such acts are ratified, confirmed, and approved for and on behalf of the Company as its Company acts. THE UNDERSIGNED consents to and approves the foregoing actions and resolutions as of August 10, 2017. MANAGERS: ik SEBASTIAN RAPAC • ww. COSTAALEXIO ' 2018 BY MICHAEL DRA^EAC -1- SOSID: 1378951 Date Filed: 5/13/2014 2:45:00 PM Elaine F.Marshall North Carolina Secretary of State C2014 133 00040 State of North Carolina Department of the Secretary of State • APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to§57D•7--03 of the General Statutes of North Carolina,the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina,and for that purpose submits the following: 1. The name of the limited liability company is Stars & Stripes 2C, LLC and if the limited liability company name is unavailable for use in the State of North Carolina,the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3. Principal office information: (Select either a or b.) a. El The limited liability company has a principal office. e principal office telephone number: 818-769-2010 ext. 1181 The The street address and county of the principal office of the limited liability company is: Number and Street: 6161 Santa Monica Boulevard, Suite 102 city: Los Angeles state:CA Zip code:90038 county: Los Angeles The mailing address,if different from the street address,of the principal office of the corporation is: Number and street: 4123 Lankershim Boulevard city: North Hollywood mot,CA Zip Code:91602_county: Los Angeles b. 0 The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: eResidentAgent, Inc. 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and street:120 Penmarc Drive, Suite 118 City:Raleigh State: NC Zip Code:27603 County: Wake 6. The North Carolina mailing address,if differentfront the street address,of the registered agent's office in the State of North Carolina is: Number and Street: City: State: NC Zip Code.: County: • CORPORATIONS DIVISION P.O.'ROX 29622 RALEIGH,NC 27626-0622 (Revised January 2014) (Form 1,09) ..... APPLICATION FOR CERTIFICATE OF AtTHOR1Ty Page 2 7. The names,titles,and usual business addresses afthe current company officials of the limited'liability company are: Oise attachment(fneeessary) Name and Title PaSinessAdiftesi • D8Sji Holding Co, LLC, Manager 6161:Santa Monica Boulevard,ttdte 102,1.4 Angeles,CA 91602: 8. Attached is a certificate of existence(or document of similar import)4itly authenticated by the secretary ot state or other official having custody of limited liability company-records in the state or country of fomuttiort. The Certificate ofEttistence must be less than six months Old. A photekbpv of the certification cannot he accepted. 9. If the limited liability company is required louse a fictitious name In order totranstict business in this State,acopy of the resoliition of its managers adopting the fictitious mime is attached. 10.(Optional):Please provide a business e-mail address: eteam@eminutes..com The Secretary of State's Office will e:mall the business automatically at the address provided above at no cost when a document is filed. Thee-mail provided will not be viewable an the website. For more infonnation on why thiSservice is offered,please see the instructions for this document. 11.This application will he effective upon filing,unless a delayed date and*tithe is specified: This the day of ,20 • Stars & Stripes 2C, LLC Nan of mated Company Signs o Comm COtta Alexiou, Manager of DSSIE Holding Q. . LW Type or P!int Manse and Title Notes: I. Filing-feels$250. This document anal be filed%Atli the Seefetary nf State. CORPORATIONS DIVISION PP:80309022 RALEIOK.NC276260622 (Revised Jamiaty 2014) (Patin 4-Q.9) y.'Pt A.lyVVVTV De1auiare PAGE 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "STARS & STRIPES 2C, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TWELFTH DAY OF MAY, A.D. 2014. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "STARS & STRIPES 2C, LLC" WAS FORMED ON THE TENTH DAY OF SEPTEMBER, A.D. 2013. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. r4P 1' t `, Jeffrey W.Bullock Secrete of State 5396663 8300 4 AUTHEN2 TION: 1364050 140609759 " w0 DATE: 05-12-14 You may verify this certificate online at corp.delaware.gov/anthver.ahtml 2/28/2018 North Carolina Secretary of State Search Results • Upload a PDF Filing •Order a Document Online •Add Entity to My Email Notification List •View Filings •File an Annual Report/Amend an Annual Report •Print an Amended a Annual Report form •Print a Pre- Populated Annual Report form Limited Liability Company Legal Name Stars&Stripes 21, LLC information Sosld: 1405059 Status: Current-Active Annual Report Status: Current Citizenship: Foreign Date Formed: 10/7/2014 Fiscal Month: December State of Incorporation: DE Registered Agent: eResidentAgent, Inc. Addresses Mailing Principal Office Reg Office Reg Mailing 1123 Zonolite Road NE,Suite 30 1123 Zonolite Road NE,Suite 30 120 Penmarc Drive,Suite 118 120 Penmarc Drive,Suite 118 Atlanta, GA 30306-2016 Atlanta, GA 30306-2016 Raleigh, NC 27603-2400 Raleigh, NC 27603-2400 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S.57D-3-20. Manager DSSII Holding Co, LLC 1123 Zonolite Road NE,Suite 30 Atlanta GA 30306 https://www.sosnc.gov/online_services/searchBusiness_Registration_Results 1/1 .,.co............n..0 65130..•..0 LIMN'.,,.e.4a VNI1O2IVD H.L2ION'aLLOTIVHS 30 NMO.L .:1116 C'Old.xq 69kL wB.�NW.wd 10,0:,.e.d L'i i..OF010W.,6. i 9 SlI0.13AlUlS•SQ1Pd.' f_"�.•S NI'JN3 VSII 3fIO2IO OVaraCI•2I03 i 1 e, I , •O•d 68uc,(0Ams7: j ,maplug vuoO iseg Ol Q NI V S o 30 3V1v A1VOre11013 g.LLSO041O3 1- 1 e . U s s PHI6 eee tl& Sp ti B 5 g e I 1 1 s , gi 1 mil -.,. \ ! li°@ a - E , -, a nr, P j j i 1 ! 1 iNI $ I!Ji ipIs \\ -` a/dea p R p as eA !p i A 1 l iihi 5$ \ // i aR . .. e•.*`" \\ pN. 1i 1e Pi 111 i Q Ii1 s E Pli U \ / -- i ?y7 g Hig p / g1 11 1@i5¢1g2gI®1{$p1 ®g`51 a '111iell i y 1�ril ! \ , _ �91 3 iK Bi 5 Oil, F hill i .� ° A 1. • 1pA . 3 " y ps Ip �E e A, E I e e a e�' 83 gg SL p 1119 41di111i1 11!,i11 3Iiihill 1111 . A ¢ g° g 1 i �_ €1 el il 1. Ig laeaifa 8 61 II--41 11 A1111 ❑ ! 7 rt OH ini ape 'w. vI,,J _ N. mm a' a \ ii 114 kiri. 11■p k � �ai 4 ?� i \\ pNY 1 101 $ ell 1 a1 p e lb \ pp / ! Ii �1 1 \ 2041, 1,Mw�y l' e i 'Ip dl��, a f , +i 1 9 .e R a /�°s"�iCc\ p���\OQO' Ili 1'• millig 'm iiii Am r , M ee'` L� • ■ k 1 fir, 1 . I v ov� 3A , rib,„„ IR _ '- !.. ,ir gn, i` _1 Y �� SHALLOTIR RIVER `__ i S IV P.AA ' , A EA, ll i 111 111 1 g b 11 1 1 i 1 i ii F e..............0ea.1.4.e Fe.,0ee0...........le C l i@3 S I fittril g EEt „EEEEF°-„„......,.Littt66666..„„Catt 11F.- eel I99l999993l99!!I!3!!3 I III!III II II!93999333113 xnya _ `,JIM 41 gli::°,°•°°iae.e..!hL::ta:11i1:::::;a::9i:a6a31a3.......aa i.:a I _a 1 ::°•°,•••t11111:a3L:.i9:aia p r 3 BEEptL tti66tiF 66E6i SCFCi6 ELLC'66L666C66LaF666665666 Ei6Et LEt63 iFi'[CE E6E 66 ti FSa66 is FSi 66iit' tFF6i 9°' L !ohm!' . E. EE,,, a � I 51WIe:eliiiI EkihaEllliliiilkisainnkekk!kklillieleInkEiii::;liN,kYYm!'eeiti:Eiiekitti::eliakka.i:, 44ii `._+II 11!9!Yl8k93!!9!!5l55959999999l 991199399393933358989a9111M 55991319A115999993?39999111815959161139995 1 11 I :rt$Ip � .,..Fe...._C:Oi 9a.,. .. :7 a.."911 laeta!'!9 9°7t0a ?Ii s rC� 1•� � �pp5II tt III Lt ELsL^ i66taiFStis6:tt LLEEE ttttL L-SStiFa LSEE6t6t e.tt3 •6StLLtt.t iLL66 atL a Ls L'tEF't �. ig pl I EE i E ! E IFi6Fi iYYliiliil eYYl4 kkak !hlQhhhlkllilfi:9i:IlE:4i11:hkililliiiel Y:iikiii:i Eliii iliiiil9l iEkii::iii aEj 4 g@@56[1R,1 I999!!95!9555A M13 5995l..599995999959131W 9333331113111:11331!1199993999;555111!9!11911159515555995 18 ''e— 5 ®iF6 a ...'..ia:L:L a'a°a°'a°:. :": 9aaaaa:6l:as. 1M fly=e� .e...a.e.9.....see,.4....-, yb �J.�=A lir !MI I i I VI ttLt6611:11 LLSLFs4 FI6a6�Ls si a6s sw castsi:a6L6E6 FFLSi6ir a F^ELt Must 66itti Ltt:t' a G� E [[ EE °LEEEE EEE @@ e, 4•11\mi s..... Ilk°1iiiiilililBailtiiiiiil5liiiikkikliklk9Yke:Ql Makmakk.k5kkliiiiiiia:tiiiYeip'Yetilitiiell:lil. .1 �`�� \ 0 e......... ]ae.3l9a0a0 9 00 00 000009ae919kk4]9]4115l19 0 93 0 09f00091L0a]ll Ol RSd 59 F9lla Yh i0e0e a00a03 aSfaaS Al �A S Y . \ r E c.".,-,9 Nr 1 Ho0.^ 0 o Hi2iON MID ON O 1 gw a Mg woo d, z oa ou o � L 0 f o�,g w a �� Emnfg kg o o Ow3` a0, 1 �a z z • 1 N n g Q Q a . a3 <g i.4, oa$ xWaI \1 .10"."4 / I ' 13 to �U6V)`;'4 Z 1-4•- 4 4 <\ p q \ 1 S7- V\* % P01 g'i *TA ... ",...............‘.., \--- , N5665 ,5,o• ___ ____ ...___ j...... N� S�SI OVA ®® 4PI / 55 a alb a ®s — -7 --- F2'. tt.,... 14.40.4-.2r,i. Q 1 Q i a� p ‹...„ Sit Pa��� ^" \ `6b9� . > m .�a o .,, 4 6 ,'� �2 g g 4N. '� i��Q�GP$� o L 5� g a as 'j 55 I ZZ 0"t0 e 0 ^�/ �N I ova s■ t � 44 111, udo0 or.x 52• Fir5i . #4 0 Li Iiiii\v....itip_iv I4! c. Air 0.7 "111 0 AssioN _,,,,l_ i 'a Bo gr,„,„,441,, . ...., . O 1 o1 ti3O .___......„,,, , ti --i .. i „■ ' goi. loge,g -- • i 57,7 OLI I a N.. / 7 , i' '.# ta- t A. \ ,;0, .. . .3 , _ yti�� v+ n TI / a ^ / .. y � 3 3 p / i \ ,( a W W o c \ � / . Zi.-a w wag par. NAP r gra o U 2 a 'rer a ,,M 88r N FOw rs8 �0 zciF§ �`or a ,br Oman �h1 aq a q' ti,„ O aQl./ ate% 4 ' ,,, w .hi ��ad . 0.y p 3 za � ,9 4-'q P / E e `- wz� er .a / w�ww U w a Cw7m .^n k� o ~L1a" V S °zQQa�N eT U3o p d aPCw" O in IC _2 .ice / •�i4, _______,..4..il,), . l1 „4„„,. ..z ... ,.. \ ., ......r . ( \ ) P. 1,40 �S •\ ', ::\ rF� 1 \\ ;1 P1414°* 1 g g � H� � o \� wz�1 o . —,. S aQ. li [� I N. a cr oho. z =s � d `, y h r' f \ as \ 10 H ® if ' f r • • OeU<d(w7 73 4* 411'. ' -AltS 4 .., _, 1 V ..Uo� i \ . ` :a n ol . l� U QQ n K2IVQNI11OH HZISOcWTOD A 0 0 H a N W cD 0. ,v m 7 GO H N W Z re,' U r EllNIfV W >N x0 4� rl n ^, el- on N < pj at,m''''o, N. '� oo{may 6 r n T Y--1 W W M W co F coF 0 R�A �� on `' Ud V N vein zN OS.0- - N. © UI. `*00 00 6 N V]b ,A,gS OS Ql� ' Os " en= 919Z1Z 0,"000,00mN, ' ca a5/ � 'i�a� very I r oo h Cr' , N W V (7 % 0. 4V �b 0cJ N.r �^' g rsv c^ N2 tV °E o >4N Q� v `N. in - H 4 0 Oi az q ., \v�� ,q z O �U a N. 0 — a U r" W a 0 SFlt U ... i a 'fit• H da t 44 0F3" bSOg3 OKI , �\ aQ .� W J S as\/ V WZ ' , ag 1 rx WI o 5ti� I N41* I O F,U �, o 0 go d � 1 M ilrm' I PW,_N A\I\ Aonc 1 N a _,� 1,f�Yff.. 1 ______ ii- CO ll �� �=L Ir ".:--- 7 ' o i7 ' r* � Io, w " L‘i4_7;,, g._,,x:111:- f {� • \,.._-\ 44 /4" • I1 H iiiiii. 1' 'N\%*..'''*--........'*'N\--- N r O,�HS 2 �icY i_ a %' at '�ili � I Ala J it Q it \\I„ 4, ,_. , 41.,„ 4,,,„_,,, _,_, _ . _ •- 1 i 17 L0E-0 JaquanN asua3Ll WJi J 6518 61P081PSL'O L 6 :XIDA 6Z08'17SL'0 L 6 :euoyd o S'IOAHt1?u1S•S'I T,'� -- \ •.,. x o von� �zy 3 0 (a� o a z Q °z a P caF+ fX wV z O F- a i�6F.' U P E. w o {7 r.; R < a W'w� z' Q rs.g., A • O a .7� 7. W 1 a F Fva, m a zHFa H �j< x uw H ag a O0W 0 a aoFuiz Q" C Fa: Fr a .,[gz av,� U uaa Rpm wo < a wa o F- o no E w ��� P. U 0.. Mg > a° H4 E. o O o z Q y�o *�< V rn �„ 6 . O n as .wa C.aa 0 > off' o >w x � � mw a � ao a p ¢ x V a moo~ F >mc p W ~ H U um w ww w <w F > P. 9 za o E. imUSO �xt • F o o x w w q PF a ¢wviQ� wFf B F oz� w a w y o So S a" O Ie� m per' F p� z a w V �U' V WU o "a N F Q a o, "� U O $ Ha m O a aw 44 o O WN aL O FQ W w O .Fw.�'�,V ',✓ Er w Nm z w z o wp ai A a >. a . 6Q Q O F pa W M w F w w E. v� F p w o m wx C] Rai o m O a a ] O o wo zw U iC w a w i- w o a - z O. a<. 4Z< F o �� ii w U , 0 �' �a > z z F o o��cw7Vxd° Ra pY w - oo'az F 3 o w 0 o d ° '' 4 C o Ng Hy ao > x� El z m m z m o ig °° 0, xw,4x< O~ $[r� F w 0 z a W w t O a a o o U FO A y [' C y�F pq U �]f,w F oQQ F� W {PC W it �{r9� w �3.7 E-'�.FCF., ›„ .� RI W o F x W W w FRi 6� fern W ZO O z a m0 y. F Fpz1 y O w o " Q U Q z p z aad w � . w d as 4 ¢a CW �'"� Q �o : 8�> W H >, N o o z ›. Q o ,E1 v f 0 oo ao ca5a a� Wela 6 2 a ao F ` a r�oar' C �. -� aQ > s o ¢ 8 w H ap,z a^� a ' 'gip' X aa � yy o 0 ox A a w° °m �' za3 °'�5 w 41 N ga w w w. w w�' o w z v, d O p U wQ Fz ms o� apt o0. 0 �' ya �z ,�oxa z�a U Pz aa ,; 3 as z da C ma aav w z a. o W w EA aP zQ x < w az > wcU7 ] H u aw 6F w. rel-.Ux /-.,nc a• zP44 M. > apw U, �' aN 4 3 rd u4a wE Fo vWa >" AU< w pR ad /5 o P15 a x E° E x g � w� {dijap � P Ca on m y"F q y ,,Faa V F F p p Wv w a z3 V p'-' O4 z < zqU g o a0 Z8 x �UP 0 2y w CP WPzF O aG1 OO•a QU G p �w �Q °z p w ��q¢y I b °� a < � o Q o o ow < z [-oF0 ° m €w.a z z zx a 5 ow E. mpz giro v44< r. z.. fV ri . vi 6 r co a -. ..• - a _ N m Q` P \ \ PAT McCRORY Governor DONALD R. VAN DER VAART M'- Secretary Energy,Mineral& TRACY DAVIS Land Resources Director ENVIRONMENTAL QUALITY November 4,2016 Charles W.Parrish,Former Property Owner Sammy Varnam, Current Property Owner 311 Park Place Full Rut Adventures,LLC Newport News,VA 23601 1574 Monster Buck Estates NW Supply,NC 28462 Subject: State Stormwater Permit Application No. SW8 160701 Charles W.Parrish Tract(formerly Phases 7&8 of San Rio) Low Density Project Brunswick County Dear Messrs.Parrish and Vamam: The Wilmington Regional Office received notification that Mr.Parrish had contacted Tracy Davis, P.E., the Director of the Division of Energy, Mineral and Land Resources(DEMLR),to voice his concerns regarding the subject permit application. This project is part of the larger San Rio development that was originally permitted in 2007 to Nathan D.Benson,Manager of Sandler at Shallotte,LLC,under SW8 070202(Master Permit and Phase 1)and SW8 070834(Phases 2 &3). Sandler at Shallotte,LLC filed for bankruptcy and dissolved their corporation.On April 26,2016,the Division sent a letter to Mr.Benson requiring him to correct the non-compliance issues, including notification to the new property owners of the permit requirements that covered their property.DEMLR sent a copy of this letter to all new property owners. Several options for restructuring the current permits and/or obtaining new permits for the three new property owners were outlined in this letter.The Division received a new permit application from Mr.Parrish on July 1,2016. DEMLR informed the other property owners that Mr.Parrish was applying for a new separate permit for his portion of the property,therefore the other new property owners decided to request the transfer of the current permits above into their name. The transfer to the new owner, Stars &Stripes 2I,LLC,was completed last month. As stated above,on July 1,2016.the Division received Mr.Parrish's low density permit application for the 224.38 acres that he purchased on December 30,2015.The application was reviewed on August 22, 2016 and additional information was requested. This information was required to be submitted to the Division by September 22,2016.However,on September 12,2016,the Division received a letter from Mr.Parrish informing the Division that he no longer owned the tract and had sold it to Sammy Varnam on August 17,2016. The letter stipulated that Mr.Parrish would only complete the permit process if Mr. Varnam agreed to take over the application.According to Mr.Parrish,even though the permit application fee had already been paid and the permit process was almost complete,an agreement was not reached with Mr.Vamam.If Mr. Parrish decides to cancel the permit application review in writing to the Division,the fee supplied with the application will be forfeited and the low density permit for the 224.38 acre tract will not be issued. Please note that if this individual low density permit that Mr. Parrish applied for is not issued,the property now owned by Mr.Varnam will remain covered by the SW8 070202 master permit and is subject to the overall low density built-upon area limits specified in that permit.This means that, even though Mr.Varnam is not the permittee of record for SW8 070202,he must meet that permit's low density requirements for managing his property. In addition, because this permit is now owned by Stars & Stripes 2I,LLC,they have the responsibility, and right,to monitor and to limit all activities and construction occurring on Mr.Varnam's property that may impact their permit. State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 At present,the only built-upon area for the 224.38 acre tract currently shown on the approved plans under SW8 070202 is for a small sales office,parking area and driveway. In addition,the property is subject to that conservation easement benefitting the NC Agricultural Foundation,Inc. as recorded in DB 2722 at PG 747. Even through there is a conservation easement on this property, it does allow for certain development activities on the property that may impact the stormwater permit and compliance with that permit. As required by the stormwater rules and the permit, SW8 070202,when there is a change in ownership of the permitted property the permit must be transferred. That has been completed.However,when the change in ownership involves several new owners the permit must also be modified. Mr.Varnam has several options to resolve this permit situation,however it does not include the refusal to be covered by a permit since it is already under a permit. Mr.Varnam's options include: 1. Work with Mr.Parrish to complete the current review process and receive the new low density permit for this property. This option is the least costly and will give Mr.Varnam the independence to monitor and control his own activities on this property. We can complete the current review and issue the permit to Mr.Parrish and then transfer the permit to Mr.Varnam. We have enclosed the transfer application,to be completed, signed and returned if you choose this path. Since this would be the first transfer there will be no cost to Mr.Varnam. 2. Work with Stars& Stripes 21, LLC to modify their permit to include your name on the current permit as a co-permittee. The modification could easily be written to separate the responsibilities under the permit for the parts of the property that you own and that Stars& Stripes 21, LLC owns.A legal agreement for management and maintenance could be established between co-permittees. The shared modification cost for the permit is$505.00. 3. Apply for a new permit. The cost will include$505.00 and associated engineering costs. The current property owner,Full Rut Adventures, LLC(Sammy Varnam,member/manager)is required to select one of the options above to be covered by a stormwater management permit for this site.The Division recommends Option 1 since it is the least costly approach for Mr.Varnam. Mr.Varnam is required to respond to this letter by November 30,2016. If Mr.Varnam does not respond to this letter or does not select one of the options offered above, by November 30,2016 the Division will initiate the necessary enforcement actions as allowed under NCGS 143-215.1,which include assessing a civil penalty for failure to obtain a required permit under NCGS 143-215.1 (a)and/or refusing to process any new permit applications made by Mr. Varnam or any of his companies or subsidiary companies,as allowed under NCGS 143-215.1(b)(4)b.2. If you have any questions regarding this matter, please call Linda Lewis or Georgette Scott in the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources at(910)-796-7215. Thank you for your cooperation in resolving this matter as soon as possible. Sincerely, . 4:73e Daniel Sams,P.E., Regional Engineer Division of Energy,Mineral and Land Resources Encl: State Stormwater Permit Name/Ownership Change Form DES\GDS\arl: G:\\\Stormwater\Permits&Projects\20161160701 LD\2016 11 letter 160701 cc: Tracy Davis, P.E.,Director Toby Vinson Bradley Bennett Georgette Scott, Stormwater Supervisor �� Wilmington Regional Office Stormwater Permit Fi SW8 070202, S1W8 070834 4,,'8 607 1 Page 2 of 2