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HomeMy WebLinkAboutSW8210312_Historical File_20211105 P&\ 4 ; 11.45 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910) 287-5900 (910) 343-9604 Fax (910) 287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K.Bland,P.E. Robbie P.Hennelly,E.I. Thomas J.Scheetz,E.I. wry, October 25, 2021 Ms. Kelly Johnson, Environmental Engineer NC DEQ 000 , Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension zotio Wilmington, NC 28405-3845 Re: State Stormwater Permit SW8 960820: Barclay Place State Stormwater Permit SW8 210311 Barclay Place Phase 2 Lot 1 State Stormwater Permit SW8 210312: Barclay Place Phase 2 Lot 2 2650 Shipyard Boulevard Wilmington, NC N&T Project No. 20055 Dear Ms. Johnson: Pursuant to your corrected October 12, 2021 Request for Additional Information letter, we offer the following responses. Please note that within the aforementioned letter, there are typos when referencing the assigned State SW project numbers. We are only calling this to your attention so when you issue the permits, they have the correct permit number on them and in your computer system. 1. Plan Sheets: A. 1996 Plan Sheets: Please provide a list of sheet numbers from 1996 that need to be brought forward with this mod. NT Response: As you know, the Phase 2 plans and Independence Grande Plans were done 25 years apart. The best we can tell, Plan Sheets 1, 2, 3, 7 and 8 need to be brought in from the original plans. If you see an issue with these please let us know. We do not want this item to hold up an approval. DEQ Response: This is just a standard question so I can create a list of active plan sheets. B. Sheets 1-1.2 and DA-1: RECEIVE') OCT 262021 BY:. ... Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 2 SW8 960820: Sheet 1-1.2 does not include Lot 1 Longstreet Place. Perhaps this is an older version? I believe that the lot is now intended to be part of the project area as shown on Sheet DA-1. Please include Lot 1 Longstreet Place in the project area. Also, most of the bearing and distance lines for all lots and the project area are shown between Sheets 1-1.2 and DA-1. Please add the bearing and distance for Lot 1 Longstreet Place on its southwestern side to one of these sheets. NT Response: The Lot 1 Longstreet Place lot has always been in the drainage area of the pond, as it was a portion of the original lot. It was recently split out to be a separate lot. 1-1.2 shows this lot as its own lot, recorded in MB 70 Pg 52. We will add the bearing and distances as you request. This lot is in the pond drainage area as shown on DA.1, not the project area. We are not proposing any development on that lot at this time. Other than adding the bearings and distances, how else do you want us to include it in the project area? DEQ Response: I was referring to Lot 1 Longstreet Place as being part of the project area in the sense that it is a lot draining to the pond. It does not really matter if it is in the project area or not, as long as it is on the plans as an offsite lot draining to the pond. I just need the bearing/distance line. NT Response: All lot lines now include bearings and distances. ii. SW8 210311 & SW8 210312: Please make any necessary changes to these plans as well. Response: Separate revised plan sheets are enclosed for each of these project numbers. C. Connecting Offsite Drainage: Lot 2: 1. SW8 960820: Sheet I-1 shows a 24" RCP with a pipe stubout to connect Lot 2 on one end and a grate with entrance invert elevation at 35.08 msl to connect Lot 1. The pipe runs under the road and there is a grate at entrance invert elevation 34.59 msl which connects to a 36 in RCP which will carry water from these two lots to the pond. However, the stubout for Lot 2 does not appear to be inside Lot 2. (It appears to be just outside of the lot). Please clarify the connection for Lot 2. NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 3 NT Response: Our Grading Plan shows a couple of different ways we intend to connect Lot 2 to the system. JB2-20A was specifically extended to allow Lot 2 to connect to the system. CI 2-22B also allows for connection. Both of these inlets are within Lot 2. DEQ Response: Please put this in your response and I will go through the plans once it comes back in. NT Response: Our Grading Plan shows a couple of different ways we intend to connect Lot 2 to the system. JB2-20A was specifically extended to allow Lot 2 to connect to the system. CI 2-22B also allows for connection. Both of these inlets are within Lot 2. 2. SW8 210312: Please make any necessary changes to these plans as well. Response: Separate revised plan sheets are enclosed for each of these project numbers. ii. Lot 1 Longstreet Place, SW8 960820: Please show the piped connection between this lot and the pond. NT Response: We are not proposing any development on this lot at this time. This lot is included in the drainage area of the pond as it has always been. The connection to the stormwater pond will have to be determined when the lot is developed. There is a drainage ditch separating the lot and the pond at this time. We cannot show a pipe connecting this lot to the system at this time. This should not hold up permitting. Please advise if this answer is adequate. DEQ Response: If there isn't yet a connection to that lot then the master permit (SW8 960820) will have to be modified to show the connection to SW8 201312 when development is proposed on that lot. I will put that in the cover letter of each of those permits. NT Response: Please note within the permit that the connection for Longstreet Lot 1 is to be determined in the future. Note also, we have included a note on DA.1. This NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 4 note states "LONGSTREET LOT 1 IS WITHIN THE POND DA AND HAS BUA ALLOCATION. HOWEVER, THE CONFEYENCE TO THE POND HAS NOT BEEN DESIGNED. CONVEYENCES TO THE SW POND MUST BE DESIGNED AND PERMITTED WITH THE DEVELOPMENT OF LONGSTREET LOT 1". D. Natural Features [15A NCAC 02H.1042(2)(g)(iii)]: Please provide the boundaries of all surface waters, wetlands, .regulatory flood zones, protected vegetated setbacks, and protected riparian buffers, or a note on the plans that none exist. If a note is already provided on the plans, please provide a citation of where it can be located. Response: Plan sheet C2 now includes a note that "THERE ARE NO SURFACE WATERS, WETLANDS, REGULATORY FLOOD ZONE, PROTECTED VEGETATED SETBACKS OR PROTECTED RIPARIAN BUFFERS ON-SITE". 2. Ownership and Lease: A. SW8 960820: i. Potential Path Forward: Please determine how you would like to set up the permittee. One potential path forward is as discussed in the October 5, 2021, email with attorney Mark Carter. In summary, IG Wilmington will lease all the land other than Lot 1, Lot 2, and Lot 1 Longstreet Place. There are two owners for that leased land: Bruce B. Cameron IV, Trustee, and Dry Pond Partners. If we issue the permit in that way, all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV, Trustee and Dry Pond Partners will sign as the property owners. Response: Per your correspondence with Mark Carter, Attorney, for SW8 960820, enclosed are two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), and the revised Deed Restrictions form. Also enclosed is the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust) and a copy of the Lease Agreement. ii. Ownership Summary for the File: On July 8, 2009, the fee title to the 39 acres (See Book 2533, Page 725 Tract B, plus some minor correction deeds) was owned as follows, "Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 5 of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry". At the same time, IG Wilmington, LLC held and continues to hold a leasehold estate (a long-term lease) in approximately 26.24 acres of the property covered by the permit including the pond. (This is now Parcel ID R06117-011-019-000). Bruce B. Cameron, the Trustee, died 4/3/2013. At the time of his death, Scott C. Sullivan and Bruce B. Cameron, IV became the successor trustees of the trust. (There is a Certification of Trust recorded in Book 5849, Page 569). The original trust is still in existence, only the trustee(s) have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners, LLC (Lot 1 Longstreet Place) which is related to the trust. But the area that has been added to the tract is not the pond. Response: Lots 1 and 2 and Lot 1 Longstreet Place are all owned by Dry Pond Partners, LLC and there is no lease on said tracts. B. SW8 210311 (Lot 1) and SW8 210312'(Lot 2) Signatures: Section III of the modifcat' appli (Th will be le �cr �vc�sF9fl--otpFrrrC�tfAF�-r-rr�c—o ono �.scc Each application will be signed by its owner, Dry Pond Partners, LLC. Response: The original Lot 1 & Lot 2 State SW submittals of March 25, 2021 had the applications signed by Dry Pond Partners, LLC. ii. Ownership Summary for the File: Lots 1 and 2 are solely owned by Dry Pond Partners, LLC and there is no lessee. The deed references for Dry Pond, LLC are Deed Book 5855, Page 238; Book 5855, Page 223; and Book 5855, Page 230 which are attached below (copies are attached and were provided previously). Notes, these three deeds convey approximately 12.77 acres to Dry Pond, LLC which includes Lot 1 (Longstreet Place), Lots 1 and 2 (the areas adjacent to Shipyard on each side of Southhall Drive, MB 70, Page 59), and the portion of the 31.18 acres shown on MB 70, Pg 59 they are labeled "lines to be null and void". (The recorded plat at Map Book 70 at Page 59 shows the owner as Bruce Cameron Trustee, however the note on the plat is incorrect). Lots 1 and 2 were part of the originel_3 9 acres din ov Bruce C meron IV is �., r3..�� .+r .��..���ymcxT r v-c+ncn��ur.�G�'rSe�i�y-re�rrroa-yu,�s�.,-vr,,�v�y listed on Map Book 70 Page 59 for both lots. (He is one of two trustees that own the land) NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater October 25, 2021 Page 6 Response: Noted. 3. Forms: Please update the applicable forms for the three permits (SW8 960820, SW8 210311, and SW8 210312). This will be the transfer form and modification application form as discussed above. Please also submit deed restrictions, offsite supplements, O&M Agreements signed by the applicant. (This will be the lessee if you take the approach described above). Response: Per your correspondence with Mark Carter, Attorney, for SW8 960820, enclosed are two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), and the revised Deed Restrictions form. Also enclosed is the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust) and a copy of the Lease Agreement. There are no revised applications required for Lot 1 or Lot 2. 4. SW8 210313 (Lot 3): This permit application will be returned per your request in a separate letter. Response: We have received our copy of the Project Withdrawn Letter dated 10-08- 21. Enclosed for your continued review and approval are two (2) sets of revised plans for each permit number, two (2) revised and executed State SW Permit Transfer Applications, the revised modification application pages (Pgs. 2, 2a, 5, 5a, 6, and 6a), the revised Deed Restrictions form, the Consent Resolutions for signing authority (IG Wilmington, LLC, Dry Pond Partners, LLC, and the Trust), a copy of the Lease Agreement, and one (1) CD (PDF of the complete submittal). Please let us know if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 01/40,11 1 T. Jason lark, P. E. W�^� TJC/asn 20055 10-25-21-s-sw-minor mod-response-@r(Barclay 1,Transfer&Lots 1-3) Enclosures NCBELS License C-3641 ey,-re..1054 v N Johnson, Kelly From: Johnson, Kelly Sent: Monday, October 25, 2021 2:21 PM To: 'Amy Norris' Cc: Jason Clark Subject: RE: [External] Barclay& Barclay 2 (Lots 1 &2) Hi Amy, I will just change the date to tomorrow. I have you down for 10/26/21. Thanks, Kelly k eLLIJ0kw50iA. Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Monday,October 25,2021 1:52 PM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: [External] Barclay& Barclay 2 (Lots 1&2) CAUTION:External email.Do not dick links or open attachments unless you verify.Send all suspicious email as an attachment to Fceport Spam. Hi Kelly. The Barclay response package (SW8 960820, SW8 210311 & SW8 210312) is due today. Do we need to hand deliver by 5 PM today or would it be ok to overnight for mid-morning delivery to your attention? We can do whatever needs to be done. Also, when you receive the package, this has been such a confusing project, so if you see anything we left out by accident, would you please e-mail us so we can handle immediately& not have the package returned? Thank you, Amy amy S. Norris Iris^a;. r y,.: lye Administrative :Assistant NORRIS & TUNSTALL CONSULTING ENGINEERS P.C.--- 2:02 Iron Gate Dr., Suite 102, Wilmington, NC 28412 1 910-343-9653 (Ext. 1) 1 910-343-9604 (F) anorrisantengineers.com www.ntendineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM —Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic infcrmation provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. in the preparation of such data. 2 Loi Ow kieRS R t‘13 ROY COOPER i� Governor ` 61cf\rn nt DIONNE DELLI GATTI2.e.;) Secretary Qini"" 1,) BRIAN WRENN NORTH CAROLINA Director Environmental Quality October 812,2021 Via email only: hilacameronco.com Dry Pond Partners,LLC Attn: Mr. Bruce B. Cameron,IV,Managing Member PO Box 3649 Wilmington,NC 28401 Mr.Bruce B.Cameron,IV,Trustee PO Box 3649 Wilmington,NC 28406 Subject: Request for Additional Information-Corrected SW8 0820: Barclay Place SW8 0311: Barclay Place Phase 2 Lot 1 SW8 20312: Barclay Place Phase 2 Lot 2 New Hanover County Dear Mr. Cameron: The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and accepted a signed Permit Transfer Application Form for SW8 960820 on April 5,2021. There is also a modification pending following the transferred permit's issuance. We also received offsite applications for SW8 120311 and SW8 120312 on March 26,2021. SW8 120313 (Lot 3)was also received that day,but it will be returned per your request as discussed below. All four permits had requests for additional information mailed on June 15,2021 and responses received on August 20,2021. The successor-owner of SW8 960820 has requested to transfer the permit without consent of the permit holder in accordance with 15A NCAC 02H.1045(1)(c)and G.S. 143-214.7(c5). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete,and that additional information is needed. Please provide the following documentation in a single,hard copy submittal package per file to complete the application: 1. Plan Sheets: a. 1996 Plan Sheets: Please provide a list of sheet numbers from 1996 that need to be brought forward with this mod. b. Sheets 1-1.2 and DA-1: i. SW8 960820: Sheet I-1.2 does not include Lot 1 Longstreet Place. Perhaps this is an older version? I believe that that lot is now intended to be part of the project area as shown on Sheet DA-1. Please include Lot 1 Longstreet Place in the project area. Also, most of the bearing and distance lines for all lots and the project area are shown between Sheets I-1.2 and DA-1. Please add the bearing and distance for Lot 1 Longstreet Place on its southwestern side to one of these sheets. ii. SW8 210311 &SW8 201312: Please make any necessary changes to these plans as well. c. Connecting Offsite Drainage: i. Lot 2: 1. SW8 960820: Sheet I-1 shows a 24"RCP with a pipe stubout to connect Lot 2 on one end and a grate with entrance invert elevation at 35.08ms1 to connect Lot 1. The pipe runs under the road and there is a grate at entrance invert elevation 34.59ms1 which connects to a 36in RCP which will carry water from these two lots to the pond. However,the stubout for Lot 2 does not appear to be inside Lot 2.(It appears to be just outside of the lot). Please clarify the connection for Lot 2. North Carolina Department of Environmental Quality Division of Energy.Mineral and Land Resources MAN Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 N o4.e..eae.irs...rr(WV 910.796.7215 State Stormwater Permit No.SW8 960820,SW8 210311 &SW8 210314 Page 2 of 3 2. SW8 201312: Please make any necessary changes to these plans as well. ii. Lot 1 Longstreet Place, SW8 960820: Please show the piped connection between this lot and the pond. d. Natural features [15A NCAC 02H.1042(2)(g)(iii)]: Please provide the boundaries of all surface waters,wetlands,regulatory flood zones,protected vegetated setbacks,and protected riparian buffers,or a note on the plans that none exist. If a note is already provided on the plans,please provide a citation of where it can be located. 2. Ownership and Lease: a. SW8 960820: i. Potential Path Forward: Please determine how you would like to set up the permittee. One potential path forward is as discussed in the October 5,2021,email with attorney Mark Carter. In summary,IG Wilmington will lease all the land other than Lot 1,Lot 2, and Lot 1 Longstreet Place. There are two owners for that leased land:Bruce B. Cameron IV,trustee,and Dry Pond Partners. If we issue the permit in that way,all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV,trustee and Dry Pond Partners will sign as the property owners. ii. Ownership Summary for the File: On July 8,2009,the fee title to the 39 acres(See Book 2533,Page 725 Tract B,plus some minor correction deeds)was owned as follows, "Bruce B.Cameron,as Trustee under that certain revocable trust agreement dated October 1, 1992,a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry."At the same time,IG Wilmington,LLC held and continues to hold a leasehold estate(a long-term lease)in approximately 26.24 acres of the property covered by the permit including the pond. (This is now Parcel ID R06117- 011-019-000). Bruce B.Cameron,the trustee,died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron,IV became the successor trustees of the trust. (There is a Certification of Trust recorded in Book 5849,Page 569). The original trust is still in existence,only the trustee(s)have changed as a result of Bruce B.Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners,LLC(Lot 1 Longstreet Place)which is related to the trust. But the area that has been added to the tract is not the pond. b. SW8 210311 (Lot l)&SW8 201312(Lot 2): i. Signatures: The signa - `'' e'1-e n Getie I-e€ :n be l e e .,tur e attire b« sheds if necessary.) Each application will be signed by its owner,Dr, Pend Partner LLC. ii. Ownership Summary for the File: Dots 1 and 2 are solely owned by Dry Pond Partners, LLC and there is no lessee. The deed references for Dry Pond,LLC are Deed Book 5855,Page 238;Book 5855,Page 223;and Book 5855,Page 230 which are attached below(copies are attached and were provided previously). Note,these three deeds convey approximately 12.77 acres to Dry Pond,LLC which includes I:ot 1 (Longstreet Place),Lots 1 and 2(the areas adjacent to Shipyard on each side of Scuthhrcll Drive,MB 70,Pg 59),and the portion of the 31.18 acres shown on MB 70,Pg 59 the,/are labeled "lines to be null and void".(The recorded plat at Map Book 70 at Page 59 shows the owner as Bruce Cameron Trustee:.however the note on the plat is incorrectihoi .ere part efthe o nal 29e s-diocwiisedd-nbovee. Bruce Cameott B 1 770 D 59 f..is tL, let�ITe _ e44 t- t a k 1a«,1 0 �S tha,.�r:} 3. Forms: Please update the applicable forms for the three permits(SW8 960820, SW8 210311,and SW8 201312). This will be the transfer form and modification application form as discussed above. Please also submit deed restrictions,offsite supplements,O&M Agreements signed by the applicant. (This will be the lessee if you take the approach described above.) 4. SW8 210313 (Lot 3): This permit application will be returned per your request in a separate letter. 11)E North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 aw .+dd�oaua� /� 910.796.7215 State Stormwater Permit No.SW8 960820,SW8 210311&SW8 210312 Page 3 of 3 All the requested information listed above should be received in this Office by October 25,2021,or the application will be returned as incomplete. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the project,it is determined that a major modification to the permit is required to resolve the compliance issues,the transfer application will be returned as incomplete.Upon the issuance of the modified permit,and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition,the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at kelly.p.jolnison@ncdenr.gov. Sincerely, ',tea"Poitooeut Kelly Johnson Environmental Engineer DES/kpj: \\\Stormwater\Permits&Projects11996\960820 HD12021 06 addinfo CEI addinfo 960820 \1\Stormwater\Permits&Projects\202 112 1 03 1 1 Offsite12021 06 addinfo 210311 \11Stormwater\Permits&Projects1202 112 1 03 1 2 Offsite12021 06 addinfo 210312 cc: Mr.Jason Clark,PE;via email:jclarlc@ntengineers.com Bruce Cameron;via email: bcameroniv@cameronco.com WiRO Stormwater Permit File N North Carolina Department ofEnvironmental Quality I vison of nergy,Mineral and Land Resources Wilmington Regional Office 1 127En Cardinali Drive Extension 'iWilmington E ,North Carolina 28405 ice\ r 910.796.7215 N5N"' FOR REGISTRATION RGGIR OF DEEDS III IIi NI 1Irn I1 EP9SRA ESTE 2014"DEC�43 04 8Yi7 PM 2014032442 BK 5855 PG 238-246 FEE $26 00 INSTOENT # 2014432442 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CO-TRUSTEES'DEED Parcel ID•R06117-011-016-000 RETURN TO Document Stamps $None Prepared byorgan&Carter,PLLC,602 Market St, Wilmington,NC 28409 THIS CO-TRUSTEES'DEED,made and entered mto this 2N day of November,2014,by and between SCOTT C SULLIVAN(also known as Scott Christopher Sullivan)and BRUCE B. CAMERON, IV, as Co-Trustees of the trust for the benefit of Rachel Lynn Cameron, et al, established April 3,2013,upon the death of Bruce B Cameron,under Articles VIII and XIII and other provisions of the aforesaid trust agreement dated October 1, 1992, between Bruce B. Cameron,Grantor, and Bruce B.Cameron, Trustee,as amended and completely restated by that amended and restated trust agreement dated July 29, 2010,between Bruce B Cameron,Grantor, and Bruce B Cameron,Trustee,with an address of P 0 Box 3649,Wilrnmgton,North Carolina 28406 (herein"Grantors"),and DRY POND PARTNERS,LLC,a North Carolina limited liability company, with an address of P 0 Box 3649, Wilmington, North Carolina 28406 (herein "Grantee"); 1 • WITNESSETH. WHEREAS, a Certification of Trust regarding the trust for which the Grantors are Co- Trustees is recorded in Book 5849 at Page 565 of the New Hanover County Registry,and WHEREAS,the above named Co-Trustees are presently the duly qualified and acting co- trustees of the above stated trust,and NOW THEREFORE, the Grantors, in consideration of ONE($1.00)DOLLAR and other good and valuable considerations,the receipt of which is hereby acknowledged,have given,granted, bargained,and said,and by these presents do give,grant,bargain,sell and convey unto the Grantee, its successors and assigns,a twenty-five percent(25.00%)undivided interest in and to that certain tract, parcel, or lot of land in New Hanover County, North Carolina, bounded and described as follows,to-wit. BEING a certain tract or parcel of land lying and being in the City of Wilmington,New Hanover County,North Carolina and being part of the Bruce B. Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public right of way)with the eastern right of way of Independence Boulevard(100' public right of way). Proceed from said point of beginning and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft,thence leaving said southern right of way and with the eastern line of the Bruce B Cameron Trust tract S 41-15-37 E 658.21',thence N 42-21-41 E 179.68 ft.to the western right of way of Longstreet Drive(60' public right of way),thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said nght of way S 42-32-47 W 201 25 ft thence N 41-12-42 W 238.46 ft S 42-10-37 W 442 59',thence N 47-27-43 W 35.06', thence N 42-32-09 E 7 46',thence N 47-27-51 W 42.00',thence S 42-32-09 W 7.46',thence N 47-27- 43 W 332 86',thence with a curve to the right having a radius of 158 02' a chord N 30-25-20 W 91 54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449 88'to a point on the eastern nght of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046.44' a chord N 04-30-55 E 135.11',thence N 00-48-49 E 148 19', thence N 38-32-20 E 207.53'to the point of beginning and containing 12 77 acres 2 TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft. m width for ingress,egress, and regress, and for the installation of utilities identified as"50' PRIVATE ACCESS EASEMENT"on that plat entitled"MAP OF SURVEY FOR BRUCE B CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services,P.A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly descnbed as follows. Begmnmg on a point on the southern right of way of Shipyard Blvd.930 ft.public right of way), at a point located N 76-27-56 E 15724 ft. from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft.to a point,thence leaving said right of way S 13-35-05 E 395 96 ft to a point being the most northern corner of the above described tract,thence with the northern lme of the above described tract S 76-00-10 W 50.00 ft.to a point in said line,thence N 13-35-05 W 396.36 ft.to the point of beginning. TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description. SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B. CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1, 1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITHA NONEXCLUSIVE EASEMENT for the use of an existmg walkway for ingress, egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 157 24 ft, thence S 13-35-05 E 396 36 ft to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 3 _. _ .-. � .. 76-00-10 W 82 76 ft, thence N 59-45-15 E 86 38 ft, thence S 13-35-05 E 2417 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement being particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 207 24 ft, thence S 13-35-05 E 429 64 fi to the point of beginning Proceed thence S 13-35-05 E 6 56 ft, thence a curve to the left having a radius of 158 02 ft a chord of S 23-25-49 E 54 04 ft, thence N 19-38-32 E 45 57 ft, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located 4 on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property Provided, however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress, egress and regress over the existing roads and driveways located on the above described property Provided, however, that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY to enter upon said property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property. Said described easement is Intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY for ingress,egress and regress over the existing roads and driveways located on the above descnbed property Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. 5 Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK"4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertaining The property herein described does not include the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns,forever And the Grantors covenant with the Grantee,that Grantors have done nothing to impair such title as the Grantors received,and the Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through the Grantors, other than the following exceptions. 1 The lien of the 2014 Ad Valorem taxes; 2 All governmental land use statutes,ordinances,and regulations including zoning, building,and subdivision regulations affecting the property, 3 Matters which would be revealed by an accurate survey of the property, 4. All matters of record affecting the above described property. 6 IN WITNESS WHEREOF,Scott C. Sullivan(also known as Scott Christopher Sullivan) and Bruce B Cameron,IV,as Co-Trustees and Grantors as aforesaid,have hereunto set their hands and seals,the day and year first above written. 4t( elift ---- (SEAL) Scott C Sullivan(also known as Scott Christopher Sullivan),Co-Trustee L '44" (SEAL) Bruce B.Cameron,IV,Co-Trustee T STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Szvt , a Notary Public of Acar' County,North Carolina,hereby certify that SCOTT C SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee, personally came before me this day and acknowledged the execution of the foregoing instrument. cytTitilifio ••• , : d and notarial seal,thi e -Z(, day ofd.i17/, ,2014 • R'� ."' `��G v f otary Public 31Ux' (Printed Name of Notary) 4DER CO'f My commissio 3p STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER }} I+jyl ,a Notary Public of County, North Carolina,hereby certify that BRUCE B.CAMERON,IV, Co-Trustee,personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal,this the 2 day of , ,2014. 41btary seal) Alae Notary Public NOTARY (Printed Name of Notary) PUBLIC My c r sion exp FR CO nnu+mN 8 .rwww. < ' •��148,,sFi 0<1 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 12/03/2014 04:38:17 PM Book: RE 5855 Page 238-246 Document No.: 2014032442 9 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032442 * 2014032442 1E q�l FOR REGISTRATION REGISTER OF DEEDS 11111111 TAMMY THEUSCH UNASLEY I�ml NE11 HANOVER COUNTY, NC 2014032441 2014 DEC 03 04 38 17 PM BK 5855 PG 230-237 FEE $26 00 INSTIVEN" 2@14032441 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CO-TRUSTEES' DEED Parcel ID.R06117-011-016-000 RETURN TO MrC� Document Stamps- S None Prepared by itrorgan&Carter,PLLC,602 Market St, Wilmington, NC 28409 THIS CO-TRUSTEES' DEED,made and entered into this )!k" day ofNovember,2014,by and between Scott C Sullivan(also known as Scott Christopher Sullivan)and Bruce B Cameron, 1V,as Co-Trustees ofthe trust for the benefit of Jane Cameron Sullivan,et al,,created under Article XII and other provisions of that certain trust agreement dated October 1, 1992,between Bruce B Cameron, Grantor, and Bruce B Cameron,Trustee,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B Cameron,Grantor, and Bruce B Cameron,Trustee,with an address of P 0 Box 3649, Wilmington,North Carolina 28406 (herein"Grantors"),and DRY POND PARTNERS,LLC,a North Carolina limited liabihty company, with an address of P.O. Box 3649, Wilmington, North Carolina 28406 (herein "Grantee"), 1 WITNESSETH WHEREAS, a Certification of Trust regarding the trust for which the Grantors are Co- Trustees is recorded in Book 5 852 at Page 5 of the New Hanover County Registry;and WHEREAS, the above named Co-Trustees are presently the duly qualified and acting co- trustees of the above stated trust; and NOW THEREFORE, the Grantors, in consideration of ONE ($1 00)DOLLAR and other good and valuable considerations,the receipt of which is hereby acknowledged,have given,granted, bargained,and sold,and by these presents do give,grant,bargain,sell and convey unto the Grantee, its successors and assigns,a fifty percent(50.00%)undivided interest in and to that certain tract, parcel,or lot of land in New Hanover County,North Carolina,bounded and descnbed as follows,to- wit BEING a certain tract or parcel of land lying and being in the City of Wilmington,New Hanover County,North Carolma and being part of the Bruce B Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows. Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public right of way)with the eastern right of way of Independence Boulevard(100' public right of way): Proceed from said point of beguming and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft,thence leavmg said southern right of way and with the eastern line of the Bruce B Cameron Trust tract S 41-15-37 E 658 21',thence N 42-21-41 E 179 68 ft.to the western right of way of Longstreet Drive(60' public right of way), thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said right of way S 42-32-47 W 201 25 ft thence N 41-12-42 W 238 46 ft S 42-10-37 W 442 59',thence N 47-27-43 W 35.06',thence N 42-32-09 E 7 46',thence N 47-27-51 W 42 00',thence S 42-32-09 W 7 46',thence N 47-27- 43 W 332 86',thence with a curve to the right having a radius of 158 02' a chord N 30-25-20 W 91 54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449.88' to a point on the eastern right of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046 44' a chord N 04-30-55 E 135 11',thence N 00-48-49 E 148 19', thence N 38-32-20 E 207 53'to the point of beginning and containing 12 77 acres 2 TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft in width for ingress,egress,and regress,and for the installation of utilities identified as"50' PRIVATE ACCESS EASEMENT'on that plat entitled"MAP OF SURVEY FOR BRUCE B CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services,P A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly described as follows Beginning on a point on the southern right of way of Shipyard Blvd 930 ft public right of way), at a point located N 76-27-56 E 157 24 ft from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft to a point,thence leaving said right of way S 13-35-05 E 395 96 ft to a point bemg the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft to a point in said line,thence N 13-35-05 W 396 36 ft to the point of beginning TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1, 1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITH A NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress, egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd N 76-27-56 E 157 24f, thence S 13-35-05 E 396 36 ft to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 3 76-00-10 W 82 76 ft, thence N 59-45-15 E 86 38 ft, thence S 13-35-05 E 2417 ft to the point of beginning This easement will continue until such time that IG Wilmington,L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement being particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 207 24 ft, thence S 13-35-05 E 429 64 ft to the point of beginning Proceed thence S 13-35-05 E 6 56 ft, thence a curve to the left having a radius of 158 02 ft a chord of S 23-25-49 E 54 04 ft, thence N 19-38-32 E 45 57 ft, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1, 1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the properly currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located 4 on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property Provided, however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened Property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress, egress and regress over the existing roads and driveways located on the above described property Provided, however, that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertaining. The property herein described does not include the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all pnvileges and appurtenances thereunto belonging to the Grantee, its successors and assigns,forever And the Grantors covenant with the Grantee,that Grantors have done nothmg to impair such title as the Grantors received,and the Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through the Grantors, other than the following exceptions 1 The lien of the 2014 Ad Valorem taxes, 2 All governmental land use statutes, ordinances, and regulations including zoning, building,and subdivision regulations affecting the property, 3. Matters which would be revealed by an accurate survey of the property, 4 All matters of record affecting the above described property 5 • IN WITNESS WHEREOF, Scott C. Sullivan(also known as Scott Christopher Sullivan) and Bruce B.Cameron, IV,as Co-Trustees and Grantors as aforesaid,have hereunto set their hands and seals, the day and year first above written 4-C. (SEAL) Scott C. Sullivan(also known as Scott Christopher Sullivan),Co-Trustee 414-- 4 (SEAL) Bruce B.Cameron, N,Co-Trustee 6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Ju SQ,n a) Me-\i-D h ,a Notary Public of 1 e2r-- County,North Carolina,hereby certify that SCOTT C. SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee,personally came before me this day and acknowledged the execution of the foregomg instrument s my hand and notarial seal,th' the 2D day of"ilia ,2014. D M ik usury seal)#eeoly,aqf, \ St.+sc nip. _Hz,n Notary Public i NOT Mt' I (Printed Name of Notary) PUBLIC 2c� It''' co �j s - a— ' nnNum STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER� 51 I, ,�7,n 'p ` . 149 h ,a Notary Public of P r" County,North Carolina,hereby certify that BRUCE B CAMERON, IV, Co-Trustee,personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal,this the c�4- day of N'D.J, ,2014. o. MfitT 7 c� notary sealPy arf`t .. A e l v eel Notary Public J (Printed Name of Notary)g Np'CAF�Y PUBLIC v ,0 2 M t 0 ission e 3V 12 u R COV 7 T Ye 05) 1) % i 7' "�1J �`, 4.1 • 3 •��r��tlSH�n111 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ****# #*****#*************# Filed For Registration: 12/03/2014 04:38:17 PM Book: RE 5855 Page: 230-237 Document No.: 2014032441 8 PGS $26.00 Recorder HUGHLEY,CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032441 * 2014032441 %r13 1411 FOR REGISTRATION REGISTER OF DEEDS 11111111111 TAMMY THEUSCH BEASLEYN 2414DEC03043817PM 2014032440 BK 5855 PG 223-229 FEE $26 00 I1��11 11 # 24i4@fl 4� STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SPECIAL WARRANTY DEED Parcel ID.R06117-011-016-000 RETURN TO .,L Document Stamps $None Prepared by Morgan&Carter,PLLC,602 Market St, Wilmington,NC 28409 THIS SPECIAL WARiRAN—Y DEED,made and entered into this 14 day of November, 2014, by and between BRUCE B CAMERON, lV, a resident of New Hanover County,North Carolina,with an address ofP.O.Box 3649,Wilmmgton,North Carolina 28406(herein"Grantor"); and DRY POND PARTNERS,LLC,a North Carolina limited liability company,with an address of P 0 Box 3649, Wilmington,North Carolina 28406(herein"Grantee"), WITNESSETH. WHEREAS,Grantor is a married person acting without the joinder of his spouse pursuant to a Premarital Agreement dated October 2,2014,a memorandum of which Premarital Agreement is recorded in Book 5843 at Page 683 of the New Hanover County Registry, NOW THEREFORE,the Grantor in consideration of ONE($1.00)DOLLAR and other good and valuable considerations, the receipt of which is hereby acknowledged, has given, granted, 1 • bargained, and sold, and by these presents does give,grant, bargain, sell and convey unto the said Grantee,its successors and assigns,a twenty-five percent(25%)undivided interest in and to that certain tract,parcel,or lot of land in New Hanover County,North Carolina,bounded and described as follows,to-wit BEING a certain tract or parcel of land lying and being in the City of Wilmington,New Hanover County,North Carolina and being part of the Bruce B Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public nght of way)with the eastern right of way of Independence Boulevard(100'public right of way): Proceed from said point of beginning and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft.,thence leaving said southern right of way and with the eastern line of the Bruce B.Cameron Trust tract S 41-15-37 E 658.21',thence N 42-21-41 E 179.68 ft.to the western right of way of Longstreet Drive(60' public nght of way),thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said right of way S 42-32-47 W 201.25 ft thence N 4I-12-42 W 238.46 ft. S 42-10-37 W 442 59',thence N 47-27-43 W 35.06',thence N 42-32-09 E 7 46',thence N 47-27-51 W 42.00',thence S 42-32-09 W 7.46',thence N 47-27- 43 W 332.86',thence with a curve to the right having a radius of 158 02' a chord N 30-25-20 W 91.54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449 88'to a point on the eastern right of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046 44' a chord N 04-30-55 E 135 11',thence N 00-48-49 E 148.19', thence N 38-32-20 E 207 53'to the point of beginning and containing 12 77 acres. TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation of utilities identified as"50'PRIVATE ACCESS EASEMENT' on that plat entitled"MAP OF SURVEY FOR BRUCE B. CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services, P.A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly described as follows. Beginning on a point on the southern nght of way of Shipyard Blvd 930 ft public nght of way), at a point located N 76-27-56 E 157 24 ft from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft to a point,thence leaving said right of way S 13-35-05 E 395 96 ft.to a point being the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft.to a point in said line,thence N 13-35-05 W 396 36 ft to the point of 2 beginnmg TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft m width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITHA NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress,egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 157 24 ft,thence S 13-35-05 E 396 36t to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 76-00-10 W 82 76 ft, thence N 59-45-15 E 86 38 ft, thence S 13-35-05 E 2417 ft to the point of beginning This easement will continue until such time that IG Wilmington,L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement bemg particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right 3 ofway of Independence Blvd, N 76-27-56 E 207 24 ft, thence S 13-35-05 E 429 64 ft to the point of beginning Proceed thence S 13-35-05 E 6 56 ft, thence a curve to the left having a radius of 158 02 ft a chord of S 23-25-49 E 54 04 ft, thence N 19-38-32 E 45 57 ft, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property Provided, however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress, egress and regress over the existing roads and driveways located on the above described property Provided, however, that no use or enjoyment of the foregoing reserved easement 4 shall unreasonably interfere with the burdened property TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY to enter upon said property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY for mgress,egress and regress over the existing roads and driveways located on the above described property Provided,however,that no use or enjoyment of the foregomg reserved easement shall unreasonably interfere with the burdened property. Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertammg The property herein described does not include the primary residence of the Grantor. 5 TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns, forever. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as the Grantor received,and the Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through the Grantor,other than the following exceptions. 1. The lien of the 2014 Ad Valorem taxes, 2. All governmental land use statutes, ordinances, and regulations includmg zoning, building,and subdivision regulations affecting the property; 3. Matters which would be revealed by an accurate survey of the property, 4. All matters of record affecting the above described property IN WITNESS WHEREOF,Grantor has hereunto set his hand and seal the day and year first above written. 0/Y4 .41. --.7— (SEAL) Bruce B Cameron, IV STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, San J�, I eHP h ,a Notary Public of cer County,North Carolina,hereby certify that BRUCE B.CAMERON,IV,personally came before me this day and acknowledged the execution of the foregoing instrument Witnes d and notarial seal,this the -2' j day of/14 ,2014 �x4, a AffFlrO Otary seal) y S'Wsa r.7 l}i,n Notary Public NOTARY (Printed Name of Notary) k;PUBLIC •a ,z My c cry ��' —3 p"I L' xwume�'' 6 0‘)NIY, G 'gyp 0 .4A c; 3 148JJStrl H O TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration- 12l0312014 04.38.17 PM Book: RE 5855 Page: 223-229 Document No.: 2014032440 7 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032440 * 2014032440 IPaa.1fc 11 0 raiz '''''',',',:i ' _' ROY COOPER. W DIONNE ttau VI\1 ��•f .,.. i, Secrrta.f MINN WR:FNW NOR'TH'AROUNA Dfrect*r Eel Quality October 8,2021 Via email only: hill(&,,cameronco.com Dry Pond Partners,LLC Attn:Mr.Bruce B.Cameron,IV,Managing Member PO Box 3649 Wilmington,NC 28401 Mr.Bruce B.Cameron,IV, Trustee PO Box 3649 Wilmington,NC 28406 Subject: Request for Additional Information SW8 960820: Barclay Place SW8 120311: Barclay Place Phase 2 Lot I SW8 120312: Barclay Place Phase 2 Lot 2 New Hanover County Dear Mr. Cameron: The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and accepted a signed Permit Transfer Application Form for SW8 960820 on April 5,2021, There is also a modification pending following the transferred permit's issuance. We also received offsite applications for SW8 120311 and SW8 120312 on March 26,2021. SW8 120313(Lot 3)was also received that day,but it will be returned per your request as discussed below. All four permits had requests for additional information mailed on June 15,2021 and responses received on August 20,2021. The successor-owner of SW8 960820 has requested to transfer the permit without consent of the permit holder in accordance with 15A NCAC 02H.1045(1Xc)and G.S. 143-214.7(c5). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete,and that additional information is needed. Please provide the following documentation in a single.hard cony submittal le per tip to complete the application: 1. Plan Sheets: a. 1996 Plan Sheets: Please provide a list of sheet numbers from 1996 that need to be brought forward with this mod. b. Sheets I-1.2 and DA-1: i. SW8 960820: Sheet I-1.2 does not include Lot 1 Longstreet Place. Perhaps this is an older version? I believe that that lot is now intended to be part of the project area as shown on Sheet DA-1. Please include Lot 1 Longstreet Place in the project area. Also, most of the bearing and distance lines for all lots and the project area are shown between Sheets I-12 and DA-1. Please add the bearing and distance for Lot 1 Longstreet Place on its southwestern side to one of these sheets. ii. SW8 210311 &SW8 201312: Please make any necessary changes to these plans as well. c. Connecting Offsite Drainage: i. Lot 2: 1. SW8 960820: Sheet I-i shows a 24"RCP with a pipe stubout to connect Lot 2 on one end and a grate with entrance invert elevation at 35.08ms1 to connect Lot 1. The pipe runs under the road and there is a grate at entrance invert elevation 34.59ms1 which connects to a 36in RCP which will carry water from these two lots to the pond. However,the stubout for Lot 2 does not appear to be inside Lot 2. (It appears to be just outside of the lot). Please clarify the connection for Lot 2. 4,„0" ciEco North iRnaag Dp ?ftmfin ofi X7En viraorrsifmaeln Ctairi aQc Fa�l ecitltym s:ioLniv ie ar ? Wi lmofi nEnergy.vM4ahir h 1Car dngdlin Load 4R0es5 urce s a iam+ea+ -w+"'' 010.7%.72. State Stormwater Permit No.SW8 960820,SW8 210311&SW8 210312 Page 2 of 3 2. SW8 201312: Please make any necessary changes to these plans as well. ii. Lot 1 Longstreet Place, SW8 960820: Please show the piped connection between this lot and the pond. d. Natural features [15A NCAC 02H.1042(2)(g)(iii)]: Please provide the boundaries of all surface waters,wetlands,regulatory flood zones,protected vegetated setbacks,and protected riparian buffers,or a note on the plans that none exist. If a note is already provided on the plans,please provide a citation of where it can be located. 2. Ownership and Lease: a. SW8 960820: i. Potential Path Forward: Please determine how you would like to set up the permittee. One potential path forward is as discussed in the October 5,2021, email with attorney Mark Carter. In summary,IG Wilmington will lease all the land other than Lot 1,Lot 2, and Lot 1 Longstreet Place. There are two owners for that leased land:Bruce B. Cameron IV,trustee,and Dry Pond Partners. If we issue the permit in that way,all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B.Cameron IV,trustee and Dry Pond Partners will sign as the property owners. ii. Ownership Summary for the File: On July 8,2009,the fee title to the 39 acres(See Book 2533,Page 725 Tract B,plus some minor correction deeds)was owned as follows, "Bruce B. Cameron,as Trustee under that certain revocable trust agreement dated October 1, 1992,a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry."At the same time,IG Wilmington,LLC held and continues to hold a leasehold estate(a long-term lease)in approximately 26.24 acres of the property covered by the permit including the pond. (This is now Parcel ID R06117- 011-019-000). Bruce B. Cameron,the trustee,died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B_Cameron,IV became the successor trustees of the trust. (There is a Certification of Trust recorded in Book 5849,Page 569). The original trust is still in existence,only the trustee(s)have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners,LLC(Lot 1 Longstreet Place)which is related to the trust. But the area that has been added to the tract is not the pond. b. SW8 210311 (Lot 1)&SW8 201312(Lot 2): i. Signatures: The signatures will work the same way as discussed above in Section III of the modification application. ("There will be a lessee signature and two owner signatures on both the transfer application and the modification application. You can add additional sheets if necessary.) ii. Ownership Summary for the File: Lots 1 and 2 were part of the original 39 acres discussed above. Bruce Cameron,IV is listed on Map Book 70 Page 59 for both lots. (He is one of two trustees that own the land.) 3. Forms: Please update the applicable forms for the three permits(SW8 960820, SW8 210311,and SW8 201312). This will be the transfer form and modification application form as discussed above. Please also submit deed restrictions, offsite supplements,O&M Agreements signed by the applicant. (This will be the lessee if you take the approach described above.) 4. SW8 210313 (Lot 3)7 This permit application will be returned per your request in a separate letter. All the requested information listed above should be received in this Office by October 25,2.021,or the application will be returned as incomplete. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the application fee. Nort>•,Carolina Departn'snt of hnri ronraental Q,ual t a Division of Eneryy.Mineral and Land Reswuces Wiimington Regtenal Offf x 1.2 Cardinal Dr1Ve Extension.I W`irringtan,North Cutofiha 28405 vW 010.7%1215 State Stormwater Permit No. SW8 960820,SW8 210311&SW8 210312 Page 3 of 3 Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the project,it is determined that a major modification to the permit is required to resolve the compliance issues,the transfer application will be returned as incomplete.Upon the issuance of the modified permit,and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition,the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at kelly,p.johnson@a nedentgov. Sincerely, Ray Pasedoss Kelly Johnson Environmental Engineer DES/kpj: \\\Stormwater\Permits&Projects\1996\960820 HD\2021 06 addinfo CEI addinfo 960820 \\\Stormwater\Permits&Projects\202 112 1 03 1 1 Offsite\2021 06 addinfo 210311 \\\Stormwater\Permits&Projects\2021\210312 Offsite\2021 06 addinfo 210312 cc: Mr.Jason Clark,PE,via email.'jclarkirengirteers.cor Bruce Cameron;via email? hcameroniv@eameronco.com WiRO Stormwater Permit File North Carr�{iffa Orpartcnent of rrwiroi rnentai Qtiah [Tim oti of Energy, Stherah* d I etid�a^our es DE tiiinggtar*.Regs4rrai OfV*Ce' S27 Card not Drite Exten iun I W Iminaton ±waft tar'hna 28¢t7g =aitt4. 4.43,4\.,""". 910.7%.72t5 Johnson, Kelly From: Johnson, Kelly Sent Friday, October 8, 2021 10:41 AM To: Jason Clark(jclark@ntengineers.com) Cc: Amy Norris (anorris@ntengineers.com); Hill Rogers; 'Mark Carter' Subject: RE: [External] Barclay Place/ Barclay Place Phase 2 - Lots 1, 2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 10 addinfo 960820.pdf Jason, The request for additional information is attached. I have incorporated the email discussions from earlier this week. Thanks, Kelly K.eLLU 0lIVLSOVl. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent:Tuesday, October 5,2021 3:50 PM To: Mark Carter<carter28409@yahoo.com> Cc:Jason Clark(jclark@ntengineers.com)<jclark@ntengineers.com>;Amy Norris (anorris@ntengineers.com) <a norris@ ntengi neers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2&3-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Hi Mark, Thanks for talking today. As we discussed, I wanted to send a quick email to document what we think will be a path forward if your client agrees. IG Wilmington will lease all of the land other than Lot 1, Lot 2 and Lot 1 Longstreet Place. There are two owners for that leased land; Bruce B. Cameron IV,trustee and Dry Pond Partners. If we issue the permit in that way,all three entities will need to sign the transfer application. IG Wilmington will sign as the proposed permittee in Section E. Both Bruce B. Cameron IV,trustee and Dry Pond Partners will sign as the property owners. This would work the same way in Section III of the modification application. Please let me know if this is the preferred path forward. Thanks, Kelly 1 NORRIS & TUNSTALL S I"t CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC.28412 Ash,NC 28420 (910)343-9653 (910)287-5900 (910) 343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K Bland,P.E. Robbie P.Hennelly,E.I. Thomas J. Scheetz,E.I. August 19, 2021 Ms. Kelly Johnson, Environmental Engineer NC DEQ Division of Energy, Mineral and Land Resources—State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: SW8 210311: Barclay Place Phase 2 Lot 1 SW8 210312: Barclay Place Phase 2— Lot 2 SW8 210313: Barolay Plaoo Phaco 2 Lot 3 Wilmington, NC N&T Project No. 20055 Dear Ms. Johnson: Pursuant to your June 15, 2021 Request for Additional Information letter, we offer the following responses. 1. Clarification: A. It appears that of the four lots in the master permit (SW8 960820): 1. Lot 3 will be developed and permitted. Response: After the recombination of the tracts was required by the City, Lot 3 no longer exists. In the previous submittal Lot 3 was where most of Phase 2 was being developed. Barclay Phase 2 is now a part of the overall Barclay Place Permit SW8 960820. 2. Lots 1 and 2 will be permitted to be vacant. Response. Lots 1 and 2 will be permitted to be mostly vacant. Their off- site permits will include the existing impervious that lies on each lot and Lot 2 includes a portion of the Phase 2 development. 3. Lot 4 has not yet applied for a permit. flEC E IVE AU6 2 0 2021 BY: Ms. Kelly Johnson/NC DEQ Stormwater August 19, 2021 Page 2 Response: Lot 4 is now called, after recombination, Lot 1 Longstreet. This permit is not being applied for at this time. B. The same plan set has been submitted for all three offsite permits. Please provide a list of the plan sheets that are intended to be covered under each of the three permits. For instance, the details for Lot 3 should be removed from the permits for Lots 1 and 2. Response: Since Lot 3 no longer exists, there are no plans included for Lot 3. There are separately combined plan sheets for each of Lot 1 and Lot 2. The sheets enclosed for Lots 1 and 2 are picked out of the set of Phase 2 plan sheets to show each lot respectively and its limits. 2. Bearings/Distances [15A NCAC 02H.1042(2)(g)(ii), .1002(15), and .1002(38)]: Please show the bearing/distance lines for the entire outline of the lots that are subdividing. Response. Bearing and distance lines G,.. shown for the entire outline of the lots as they have been recombined. 3. Easements [15A NCAC 02H.1042(2)(g)(vi), .1042(2)(1), .1050(8), and .1050(9)]: A. Please provide and identify an access and drainage easement along the stormwater collection systems and to provide access to the SCMs. Response: All areas outside of the buildings in Phase 1 and Phase 2 are considered Common Areas and all Common Areas are considered Drainage Easements. The drainage from Lots 1 and 2 will be conveyed thru the existing storm drainage system in the Southhall Drive Access Easement. This easement ends within the Phase 1 development and at that point the area is common area and therefore drainage easements. Once approved by the City and State, the maps for Phase 1, Phase 2, and Lots 1 and 2 will be re- recorded to show the new Utility Easements and the Common Areas. Note also, the stormwater pond in Phase 1 is within Common Area / Drainage Easement. B. Every portion of the stormwater collection system stormwater control measure (SCM) installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements as well as the utility and drainage easements on the plans, if necessary. These shall have a minimum width of 10 feet, slopes that do not exceed 3:1, and extend to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the SCMs. NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater August 19, 2021 Page 3 Response: All areas outside of the buildings in Phase 1 and Phase 2 are considered Common Areas and all Common Areas are considered Drainage Easements. The drainage from Lots 1 and 2 will be conveyed down the existing storm drainage system in the Southhall Drive Access Easement. This easement ends within the Phase 1 development and at that point the area is common area and therefore drainage easements. Once approved by the City and State, the maps for Phase 1, Phase 2, and Lots 1 and 2 will be re- recorded to show the new Utility Easements and the Common Areas. Note also, the stormwater pond in Phase 1 is within Common Area / Drainage Easement. 4. Retaining Wall (15A NCAC 02H.1042(2)(g)(iv)]: The plans note that the provided retaining wall will be designed by others. Please provide the engineered design of this retaining wall, including final grades, to demonstrate the intended grading plan and support the delineated drainage areas. Response: 1) 1807.2.4 Retaining Systems Adjacent to Structures: Retaining systems less than 5 feet (1524 mm) in cumulative vertical relief and adjacent to a structure located closer than the vertical relief shall be designed under the responsible charge of a registered design professional. 2.) 1807.2.5 Retaining Systems: Retaining systems providing a cumulative vertical relief greater than 5 feet (1524 mm) in height within a horizontal separation distance of 50 feet (15 m) or less, including retaining walls or mechanically stabilized earth walls, shall be designed under the responsible charge of a registered design professional. 3.) The proposed retaining wall doesn't meet these requirements. The proposed retaining wall is at most 3 feet high. Please see schematic detail on Plan Sheet C3. 5. Deeds (15A NCAC 02H.1040(4)(c)]: Three deeds have been submitted, BK5855/PG 238-246; BK 5855/PG 230-237; and BK 5855/PG 223-229. Please provide a copy of the recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. Response: All of these areas are within the Deeds provided. A new Recombination Map was recorded in July of this year (MB 70 Page 59). This Recombination Map shows that Phase 1 and 2 of Barclay and the Stormwater Pond are owned by Bruce B. Cameron Trustee and Dry Pond Partners, LLC. The developer's Attorney has included Delegation of Co- Trustee Powers to show that the permittee as "Bruce B. Cameron Revocable Trust agreement dated October 1, 1992 as amended and restated" and the signatory as "Bruce B. Cameron, IV, Trustee". NCBELS License C-3641 Ms. Kelly Johnson/NC DEQ Stormwater August 19, 2021 Page 4 Also enclosed is the Dry Pond Partners, LLC Consent Resolutions showing that both Scott Sullivan and Bruce B. Cameron, IV are Managers with authority to sign. With the direction of Mark F. Carter, Attorney for the developers and with the above it is now shown that the Permittee's of the subject projects are Dry Pond Partners, LLC. If you should have deed or documentation questions for the ownership issues please contact Mark Carter, Attorney. Mark F. Carter, Attorney Morgan & Carter, PLLC P.O. Drawer 59 Wilmington, NC 28402 910-763-3666 (Ext. 28) E-Mail: carter28409yahoo.com Enclosed for your continued review and approval are two (2) sets of revised plans (I-1, I-1.1, I- 1.2, DA.1, C1, C2, & C3.1), the revised calculations, the revised State Stormwater Applications and Deed Restriction Form,, the executed Consent Resolution for Dry Pond Partners, LLC, and one (1) CD (PDF of the complete submittal). Please let us know if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. J . t,, T. Jaso Clark, P. E. TJC/asn 20055 08-19-21-s-sw-response-Itr(Lots 1-2-3 Offsite) Enclosures NCBELS License C-3641 DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned,being all the Managers of DRY POND PARTNERS,LLC, a North Carolina limited liability company("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place (being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications, renewals,transfers, modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2,Lot 1 —SW8 210311 Barclay Place PH2, Lot 2 SW8 210312 2. The Managers further approve and ratify,any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. Scott Christopher Sullivan,Manager Bruce B. Cameron,IV,Manager flECEIVE AUG 2 0 Luz, BY: DRY POND PARTNERS,LLC CONSENT RESOLUTIONS As of this day of August,2021,the undersigned,being all the Managers of DRY POND PARTNERS, LLC, a North Carolina limited liability company ("Company"), do hereby adopt, consent to and approve the following resolutions: 1. That each Manager of the Company, acting alone, be, and he hereby is, authorized and empowered and directed to negotiate, execute and deliver for and on behalf of the Company in his capacity as Manager of the Company, to the NC Division of Energy, Mineral and Land Resources all documents and other material as such Manager may deem necessary, appropriate or advisable in connection with and regarding Barclay Place (being generally located in the southeastern quadrant of the intersection of Independence Boulevard and Shipyard Boulevard, Wilmington, NC), including but not limited to all applications, renewals, transfers, modifications, and offsite permits related to Barclay Place and the following permits: Barclay Place SW8 960820 Barclay Place PH2, Lot 1 —SW8 210311 Barclay Place PH2, Lot 2 SW8 210312 2. The Managers further approve and ratify, any and all,prior documents executed by any one of the Managers on behalf of the Company in regards to the above matter. This consent may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same consent. IN WITNESS WHEREOF, the undersigned have hereunto executed this Consent, effective as of the date set forth above. Scott Christopher Sullivan, Manager Bruce B. Cameron, IV, Manager STORMWATER SYSTEM & EROSION CONTROL CALCULATIONS BARCLAY PLACE PHASE 2 2545 Croquet Drive Wilmington, North Carolina For Dry Pond Partners, LLC P.O. Box 3649 Wilmington, NC 28406 (910) 762-2676 . SEAL : 030869f.)1168 WV` 5, G`".. 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V. / / POND DRAINAGE ATTACHMENT 1 Barclay - SW8 960820 PERMIT DETAILS TOTAL DRAINAGEAREA:1 1,698,840 ISF 39 AC TOTAL IMPERVIOUS: 1,289,965 SF 29.61 ,AC POND DA TOTAL AREA IMPERVIOUSALLOTMENT (SF) (AC) _ (AC) ON SITE PHASE 1 and 2: 1354637 31.10 1,014 414..,....)23.29 OFF-SITE LOT 1: 136983 3.14 109,770 2.52 UNCHANGED FROM PREVIOUS PERMIT OFF-SITE LOT 2: 154865 3.56 123,892 2.84 80%-ALLOTTED OFF-SITE LOT1(Longstreet): 52355 1.20 41,884 0.96 80%-ALLOTTED TOTAL 1698840 39.00 1289965 29.61 "Ad CA&e s ' FO C VARY,. • 4(. /' &( 31: rib i4,N) :IN/alp sr Mgr , 1! ! | ■ ■ ::: &..... § |.„.f e Naig 2e1§■■ ] § §|k ik§!§ ■ ■A ■,■& §§■ P ■ Bli 1 k 21 B' ■ a ! 2 % §, . \ - . &a a■*a�� Fi 2.9 .1000E , | u Mill | 0 hi gl"; lg. . m .§ �k ggd g i §fl § ■ \ \ )$/ $ g| k - m me■ §¥ §§§ § K■ | ! l— — H • , 111 1 s Eft 444 ` ■ E � 1§§§ DT. 3 04- ' ■„ \ g vv, w ... . .� . , ..-. ; ■■■ . • #a#§° .•'■ § ■ g§ ! ■ sos e ns"1 � \ a - k. v£ ` d. % • ! -- =0 . gB Q I ; u§ . . . ..*■ 8tP B .$nW, § V'II § §§ ''-a gq 2-- E � £ ! 2 N % UI i 'r �I; # �2 2„ ; 2 ! §! §- i ■ " t g n %. §$k . § ) s§ i e HIP E I § PROJECT Area: 264,409 SF ( Equal to Limits of Disturbance) 6.07 AC IMPERVIOUS AREAS NEW PHASE 2 ON-SITE I EXISTING IMPERVIOUS TOTAL ON PHASE 2 LIMITS: 1035 SF BUILDINGS: 51,067 SF ASPHALT,CONCRETE,C&G: 79,432 SF EXISTING IMP TO BE REMOVED FROM PHASE 2 LIMITS: 1035 SF SIDEWALK: 15,298 SF EXISTING IMPERVIOUS TO REMAIN: 0 SF TOTAL: 145,797 SF PHASE 1(DUE TO PHASE 2 ADDITION) EXISTING IMPERVIOUS TOTAL IN PHASE 1: 402,199 SF SIDEWALK: 4315 SF ASPHALT,CONCRETE,C&G: 1822 SF EXISTING IMPERVIOUS TO BE REMOVED FROM PHASE 1: 1180 SF TOTAL: 6,137 SF NET CHANGE IN PHASE 1: 4957 SF NEW TOTAL PHASE 1: 407,156 SF COMBINED PHASE 1 AND PHASE 2 EXISTING IMP: 403,234 SF EXISTING TO BE REMOVED: 2215 SF EXISTING TO REAMAIN: 401,019 SF NEW IMP: BUILDINGS 51,067 SF ASPHALTC&G: 81,254 SF SIDEWALK: 19,613 SF 151,934 SF NEW LOT 2(DUE TO PHASE 2 ADDITION) EXISTING IMPERVIOUS TOTAL IN LOT 2: 5405 SF SIDEWALK: 410 SF ASPHALT,CONCRETE,C&G: 7,355 SF EXISTING IMPERVIOUS TO BE REMOVED FROM LOT2: 0 SF TOTAL: 7;765 SF NET CHANGE IN LOT 2: 0 SF TOTAL NEW IMPERVIOUS: 159,699 SF PERCENT IMPERVIOUS OF PROJECT AREA: 60% EXISTING IMPERVIOUS TOTAL IN LOT 1: 7405 SF EXISTING IMPERVIOUS TO BE REMOVED FROM LOT 1: 0 SF NET CHANGEINLOT1: 0 SF Date Design NORRIS & TUNSTALL Wilmington, NC Sheet - CONSULTING ENGINEERS P.C.---- Brunswick County, NC of Check Job 4 1 For Job No. , i,4_,/. a -;--1.. . 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Calculate Skimmer Size Basin Volume In Cubic Feet 124,577ICu.Ft Skimmer Size 6.0 Inch Days to Drain* 31Days Orifice Radius 2.7 Inch[es] Orifice Diameter 5.4 Inch[es] 'In NC assume 3days todrain Estimate Volume of Basin Length Width Top of water surface In feet Feet VOLUME 0 Cu.Ft. Bottom dimensions in feet Feet pth in feet _ _ Feet 111,�IIII��IwIp1**11+lww1��1�w1*1*Ii1p11O1,11111�,,1111111��1111+1 1111141111111, fI 1�! w99�tiw,iliFil+�w+�ilmJwa�wi!#.55 F,`9ywtiwiw,w41■tiw•iww95i;i;;5i9wSiiii �11 r ,,-,- ,,,.i .t4r � i!b. .0 M�4i� Awi� G.f rt4 .,_;. fJriwG ,Mi��rfr M. b , �' Q� 66 ■nnn�.■n■ n■ ■ ■■ ■■Ai _ �' ..J •� � � � LFI-'EFLE E=E ',hf14lj!'M4 FF■�I:�/i .. 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P. 41 ,•�� I I I i I I ii id 1110111 7 c$r I TAMMY THEUSCH ���°`psi r�H0 PIVER New Hanover County . Register of Deeds ��'� Register of Deeds 320 CHESTNUT ST SUITE 02 •�WILMING�TON,NORTH CAROLINA 28401 ti . ` 1t ar Telephone!10 910-8— 716 r1&mlmi. r , e. ';''T. ,I - 01 ..,, • V B Ell S'I,C .' . ************************************************************************************************************ State of North Carolina, County of NEW HANOVER Filed For Registration: 07/22/2021 02:56:05 PM Book: PLAT 70 Page: 59-60 2 PGS $21. 00 Real Property $21 .00 - Recorder: ANGELA ENGLISH Document No: 2021036179 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. t BK:PLAT 70 11111111111111111111111111 RECORDED 0 202/036179 NC FEE 527.00 07-22-2021 NEW HANOVER COUNTY,NC 02:56:05 PM TAMMY THEUSCH PIVER BY:ANGEIA ENGUSH REGISTER OF DEEDS DEPUTY ,_ , . 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III ll ag IJ J LL lei i Y o k.w . -_. e-- H rc w/g u 9 4 G s, . . ;E1 � � �� Iq ; 5¢Ts n I �,E 43r 1. 1' -' i J 1 tI !fJ! U1 T o 1 iEi v E gay' ,:- �,ri s 4_a 1 gF a7. 3.i. 1 0.t./ 1:, LI' ;i". " ti .1r1 .;g iii'i : .."''i �k . .... ,/-/ 1-.,-i I t. v, J , (� Y'I.4 1,::1 '1• .:! _^ .J ♦.�. I I 4yljacl t it d' r E i._'� 5 x; s Y _.I i l i.... 0 I. Ali 1 I Johnson, Kelly From: Johnson, Kelly Sent: Tuesday,August 3, 2021 10:46 AM To: Amy Norris Cc: Jason Clark; Hill Rogers;John Tunstall;carter28409@yahoo.com Subject: RE: [External] Barclay Place/ Barclay Place Phase 2 - Lots 1,2 &3 - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Attachments: 2021 03 permit 960820_Should have been issued to IG Wilmington.pdf Amy, Please see below in blue. Thanks, Kelly K.e���ohwsow Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent:Tuesday,August 3, 2021 10:33 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com>; Hill Rogers<hill@cameronco.com>;John Tunstall <jtunstall@ntengineers.com>; carter28409@yahoo.com Subject: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3 -N&T#20055 (SW8 960820,SW8 210311,SW8 201312,SW8 210313) CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam, Kelly, Good morning. We are working through your comments for the required response packages. We need direction on a couple of your comments (see below for each in red). Barclay Place - SW8 960820 1. Correction to be Issued: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron, Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, 1 h LLC. This correction will be noted when the permit is issued. Please PDF us a copy of the issued 03-31-21 Renewal Permit for our files. Attached. Please note that there was an error in who it was issued to. I inserted a comment in the file. 2. Deed [15A NCAC 02H.1045(2)(c)]: Please provide legal documentation of the property transfer of the proposed permittee. Please elaborate on what NC DEQ wants to see for the Permit Transfer. The"Recorded Certification of Trust"was provided to NC DEQ in the original Renewal /Transfer submittal package. If additional documentation is needed, this will have to come from the Attorney, Mark Carter of Morgan & Carter, PLLC. If the documentation provided shows that appropriate entity owns the land, please provide clarification from your attorney. Unfortunately, we receive a lot of different types of legal paperwork, but as an engineer I don't always know how to interpret that information. I am more familiar with receiving the deed. Barclay Place Phase 2 — Lot 1 (SW8 120311), Lot 2 (SW8 120312), & Lot 3 (SW8 120313) 5. Deeds (15A NCAC 02H.1040(4)(c)]: Three deeds have been submitted, BK5855/PG 238-246; BK 5855/PG 230-237; and BK 5855/PG 223-229. Please provide a copy of the recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. Is NC DEQ wanting us to provide the actual "Recorded Map" referenced within each of the 3 Deeds for each lot? I need to be able to line up the various deeds with the land that each one covers so that I can make sure it covers all of the land under the permit, and so that is why I asked for copies of the recorded maps. Thanks in advance for your time, Amy From: Johnson, Kelly kellv.p.(ohnson@ncdenr.gov Sent: Tuesday,June 15, 2021 2:01 PM To: Jason Clark Cc: Amy Norris; bcameroniv@cameronco.com Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3)- N&T#20055 (SW8 960820,SW8 210311,SW8 201312,SW8 210313) Attachments: 202106 addinfo 210311_210312_210313.pdf; 202106 addinfo 960820.pdf Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly K IA.l. j odl[Aso vL Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 2 6(16A1Si 0 id Johnson, Kelly From: Johnson, Kelly Sent: Friday,July 23, 2021 12:31 PM To: Amy Norris Cc: Jason Clark Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1, 2 & 3) - N&T#20055 (SW8 960820, SW8 210311, _\A18 20 i 3'12 SW8 210313) - N&T#20055 9-1o3t}, Hi Amy, I have you guys down for 8/20. But, FYI, I am really not supposed to extend projects so long. The regulations, 15A NCAC C2H .1042(3)(a)(i), say that the applicant gets 30 days to respond, and management has asked us to send up to two addinfos of 15 days each. I have not historically stuck to that very well and I do not want to surprise you by doing so now. But,when this comes back in next month (and for other projects you have in-house) I am going to have to rein in the timelines on extensions. Management wants us to get the projects in and then back out without the lag time. Thanks, Kelly K.eU.Wohins0w Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday,July 23, 2021 9:46 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2&3)- N&T#20055(SW8 960820,SW8 210311, SW8 201312,SW8 210313)- N&T#20055 ICAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. We are requesting to have our response back in to you on Friday, Aug. 20th. From:Johnson, Kelly<kelly.o.johnson?ncdenr.gov> Sent: Friday,July 23, 2021 9:43 AM To:Amy Norris<anor;is@nte:gineers.com> Cc:Jason Clark<iclarkt ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1, 2 &3) - N&T#20055 (SW8 960820, SW8 210311, SW8 201312,SW8 210313) - N&T#20055 1 What date do you need? Thanks, ICI Kau join wsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday,July 23, 2021 9:42 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: [External] Barclay Place/Barclay Place Phase 2 Lots 1, 2&3) N&T#20055 (SW8 960820,SW8 210311,SW8 201312,SW8 210313)-N&T#20055 CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam` Kelly, Good morning. Per your below June 17ht e-mail (Highlighted Item #3), we need to request a time extension. We have just received the recombo map; therefore, we need time to organize it & get our plans correct before submitting a response package to NC DEQ SW. Thanks, Amy for T Jason Clark, P.E. From: Johnson, Kelly kellv.p.iohnson@ncdenr.gov Sent: Thursday,June 17,2021 1:21 PM To: Jason Clark Cc: Amy Norris;John Tunstall Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3) N&T#20055 (SW8 960820,SW8 210311,SW8 201312,SW8 210313) Attachments: 202105 CEI_BIMS 960820.pdf Hi Jason, Here are the answers to your three questions: 1. I have attached the inspection report. I apologize for leaving that attachment off. 2. We have not historically asked for retaining wall information. This has come up because there was a significant failure of a wall in the western part of the State. As a result of the fallout from that, our Central Office has directed all Regions to start asking for retaining wall information for the permit file. This is still fairly new. (I had 2 to go ask Christine for the citations.) We will have to update our standard Addlnfo text to be more clear, but I understand that if the retaining wall meets the following two codes,then we need a copy of structural plans by structural engineer for the permit file. If not,then we do not need a copy of the structural plans for the permit file. So, if your wall does not meet these,all we will need is a statement to that effect in your response letter. a. 1807.2.4 Retaining Systems Adjacent to Structures: Retaining systems less than 5 feet(1524 mm) in cumulative vertical relief and adjacent to a structure located closer than the vertical relief shall be designed under the responsible charge of a registered design professional. b. 1807.2.5 Retaining Systems: Retaining systems providing a cumulative vertical relief greater than 5 feet (1524 mm)in height within a horizontal separation distance of 50 feet(15 m)or less,including retaining walls or mechanically stabilized earth walls, shall be designed under the responsible charge of a registered design professional. 3. I have you down for an extension to 7/30/21. If that doesn't work then just let me know as we get closer to that date. Thanks, Kelly I, ,eLi,g joinlnsol4 Kelly Johnson Environmental Engineer NC Division of Energy,Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Jason Clark<iclark@ntengineers.com> Sent:Thursday,June 17,2021 11:51 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Cc:Amy Norris<anorris@ntengineers.com>;John Tunstall <jtunstall@ntengineers.com> Subject: Re: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2 &3)-N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Importance: High CAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Kelly, Your attached letter for the Master Barclay Permit SW8 960820 notes that there should be a Notice of Inspection enclosed. The email did not include. Please forward that. All of your letters include this comment: 4. Retaining Wall [15A NCAC 02H.1042(2)(g)(iv)]:The plans note that the provided retaining wall will be designed by others. Please provide the engineered design of this retaining wall, including final grades,to demonstrate the intended grading plan and support the delineated drainage areas. Section 15A NCAC 02H.1042(2)(g)(ivj only notes that"proposed contours and drainage patterns" must be included in the signed sealed plan package. Our plans show the grading in the area of the Retaining Wall, give top and bottom of the Wall. The information we provide demonstrates the retaining wall meets the rules of the State for contours and drainage patterns. The proposed retaining wall is shown with enough detail. The note we include"To be Designed By others" refers to the Structural Design. The Structural design of the retaining wall isn't required for SW Approval. We can provide a larger scale of the Retaining Wall Area for you to verify the grades(top, bottom and slopes), however the Structural Design of the Retaining Wall will not be done until the project is approved. We will change our note to state "Retaining wall to be per the grades shown,Structural Design to be done by others". Please confirm this will address your comments. Also, I would like to ask for the Maximum Time Extension allowed for each of these permits. The Recombination Map issue required by the City is taking longer than expected. Thanks, From: "Johnson, Kelly" <kelly.p.;ohnson@ncdenr.gov> Date:Tuesday,June 15, 2021 at 2:00 PM To:Jason Clark<jclark@ntengineers.com> Cc: Amy<anorris@ntengineers.com>, "bcameroniv@cameronce.com" <bcameroniv@cameronco.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 & 3) - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly KeL.Lbj0 i1n.S014 Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent:Tuesday,June 8,2021 10:05 AM To:Johnson, Kelly<kellv.p.iohnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2 &3) - N&T#20055 CAUTION:External email. Do not click links or open attachments unless you verify.Send ail suspicious email as an aattacfnment to Report Seam. Hi Kelly' I've discussed wl Jason &just go ahead & review what we submitted. Thanks, 4 /614. "A RQY COOPER. tit' ' 11, DONNE DELL-GA1 t , ��,.,, :' ScrCryF 'i0 2ac vd� ," BRIAN WRENN NORTH CAROLINA Director &v si2dQuato, June 15,2021 Via email only: hill(a»cameronco.com Thy Pond Partners,LLC Attn:Mr. Bruce B. Cameron,IV,Managing Member PO Box 3649 Wilmington,NC 28401 Subject: Request for Additional Information SW8 120311: Barclay Place Phase 2 Lot 1 SW8 12031_2: Barclay Place Phase 2 Lot 2 SW8 120313: Barclay Place Phase 2 Lot 3 New Hanover County Dear Mr. Cameron: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for the subject project on March 26,2021. A preliminary in-depth review of that information has determined that the application is not complete,and that additional information is needed. To continue the review,please provide the following additional information in a single,hard cony submittal package: 1. Clarification: a. It appears that of the four lots in the master permit(SW8 960820): i. Lot 3 will be developed and permitted. ii. Lots 1 and 2 will be permitted to be vacant. iii. Lot 4 has not yet applied for a permit. b. The same plan set has been submitted for all three offsite permits.Please provide a list of the plan sheets that are intended to be covered under each of the three permits. For instance,the details for Lot 3 should be removed from the permits for Lots 1 and 2. 2. Bearings/Distances[15A NCAC 02H.1042(2Xg)(ii), .1002(15),and .1002(38)]: Please show the bearing/distance lines for the entire outline of the lots that are subdividing. 3. Easements [15A NCAC 02H.1042(2)(g)(vi), .1042(2)(1), .1050(8), and .1050(9)]: a. Please provide and identify an access and drainage easement along the stormwater collection systems and to provide access to the SCMs. b. Every portion of the stormwater collection system stormwater control measure(SCM) installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements as well as the utility and drainage easements on the plans, if necessary. These shall have a minimum width of 10 feet, slopes that do not exceed 3:1,and extend to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the SCMs. 4. Retaining Wall [15A NCAC 02H.1042(2)(gxiv)]: The plans note that the provided retaining wall will be designed by others. Please provide the engineered design of this retaining wall, including final grades,to demonstrate the intended grading plan and support the delineated drainage areas. 5. Deeds [15A NCAC 02H.I040(4Xc)]: Three deeds have been submitted,BK5855i PG238-246;BK 5855/ PG 230-237;and.BK 5855/PG 223-229. Please provide a copy of the recorded map books referenced in the deeds in order to clarify which deed is for each of the three lots to become permitted. f•i `ri North Carolina Department of Em c ra ntal t'y,,abty ! Division of Enrryy.Mineral and Land Resources C��� Wilmington Regional f flce ' 127 Cardinal Drive Extension!Wilmington.North Carolina 05 ,.s .i. awr t�"�' 410.796.7215 State Stormwater Permit No. SW8 210311,SW8 210312,&SW8 210313 Page 2 of 2 Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements,narrative,and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). All of the requested information listed above should be received in this Office by July 1,2021, or the application will be returned as incomplete. If additional time is needed to submit the requested information,please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted,which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the application fee. The construction of any impervious surfaces,other than a construction entrance under an approved Sedimentation Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910)796-7215 or email me at kelly.p.johnson@ncdenr.gov. Sincerely, eiget poisadoic Kelly Johnson Environmental Engineer DES/kpj: \\\Stormwater\Permits&Projects\2021\210311 Offsite\2021 06 addinfo 210311 \\\Stormwater\Permits&Projects\2021\210312 Offsite\2021 06 addinfo 210312 \\\Stormwater\Permits&Projects120211210313 Offsite\2021 06 addinfo 210313 cc: Mr.Jason Clark,PE; via email:jclark@Jntengineers.com Wilmington Regional Office Stormwater File ftiwrih Ca:rrina Depar iment of Lrn r=,nmenial QLality I Minion of Sae gy.Mineral and Land Resourtvs , lr." - —.....7171111151•D thffrnin tanliegiortal ' t'"! ardi al Di toe Extension ! th41r dngrotr North c am na 28405 n_.hs s+ ,...,„.„,s7 q10 79b.7215 Johnson, Kelly From: Johnson, Kelly Sent: Thursday,June 17, 2021 1:21 PM To: Jason Clark Cc: Amy Norris;John Tunstall Subject: RE: [External] Barclay Place/Barclay Place Phase 2 - Lots 1,2 & 3) a N&T#20055 (SW8 960820, SW8 210311, Q`v'8 201312,.SW8 210313) Attachments: 2021 05 CEI_BIMS 960820.pdf Hi Jason, Here are the answers to your three questions: 1. I have attached the inspection report. I apologize for leaving that attachment off. 2. We have not historically asked for retaining wall information. This has come up because there was a significant failure of a wall in the western part of the State. As a result of the fallout from that,our Central Office has directed all Regions to start asking for retaining wall information for the permit file. This is still fairly new. (I had to go ask Christine for the citations.) We will have to update our standard Addlnfo text to be more clear, but I understand that if the retaining wall meets the following two codes,then we need a copy of structural plans by structural engineer for the permit file. If not,then we do not need a copy of the structural plans for the permit file. So, if your wall does not meet these,all we will need is a statement to that effect in your response letter. a. 1807.2.4 Retaining Systems Adjacent to Structures: Retaining systems less than 5 feet(1524 mm) in cumulative vertical relief and adjacent to a structure located closer than the vertical relief shall be designed under the responsible charge of a registered design professional. b. 1807.2.5 Retaining Systems: Retaining systems providing a cumulative vertical reiief greater than 5 feet (1524 mm)in height within a horizontal separation distance of 50 feet(15 m)or less, including retaining walls or mechanically stabilized earth walls,shall be designed under the responsible charge of a registered design professional. 3. I have you down for an extension to 7/30/21. If that doesn't work then just let me know as we get closer to that date. Thanks, Kelly KeI.1.I�O�I In.so Kelly Johnson Environmental Engineer Division of Energy, Mineral and Land Resources Stormwater Perri°tting 127 Cardinal Drive Extension vVilmingtan,NC 28405-3845 Phone: 910.796.7335 Mote Change In Phone.;umber From:Jason Clark<jclark@ntengineers.com> Sent:Thursday,June 17, 2021 11:51 AM To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov> Cc:Amy Norris<anorris@ntengineers.com>;John Tunstall <jtunstall@ntengineers.com> i Subject: Re: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 &3) - N&T#20055 (SW8 960820,SW8 210311, SW8 201312,SW8 210313) Importance: High CAUTION:Extern (t i caiiL Du not dick Finks or open attar LIrdeSS you verify Send atf suspicious email as an attachment to Retagrt Spam. Kelly, Your attached letter for the Master Barclay Permit SW8 960820 notes that there should be a Notice of Inspection enclosed. The email did not include. Please forward that. All of your letters include this comment: 4. Retaining Wall[15A NCAC 02H.1042(2)(g)(iv)]: The plans note that the provided retaining wall will be designed by others. Please provide the engineered design of this retaining wall, including final grades,to demonstrate the intended grading plan and support the delineated drainage areas. Section 15A NCAC 02H.1042(2)(g)(iv)only notes that"proposed contours and drainage patterns" must be included in the signed sealed plan package. Our plans show the grading in the area of the Retaining Wall,give top and bottom of the Wall. The information we provide demonstrates the retaining wall meets the rules of the State for contours and drainage patterns. The proposed retaining wall is shown with enough detail. The note we include"To be Designed By others" refers to the Structural Design. The Structural design of the retaining wall isn't required for SW Approval. We can provide a larger scale of the Retaining Wall Area for you to verify the grades (top, bottom and slopes), however the Structural Design of the Retaining Wall will not be done until the project is approved. We will change our note to state "Retaining wall to be per the grades shown,Structural Design to be done by others". Please confirm this will address your comments. Also, I would like to ask for the Maximum Time Extension allowed for each of these permits. The Recombination Map issue required by the City is taking longer than expected. Thanks, i'. J; tor; C!ark, PE NORRIS &TUNSTALL coNsiam ZG EuNGSM2e S C. 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604 (F) iclarkntengineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM —Noon From: "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> Date:Tuesday,June 15, 2021 at 2:00 PM To:Jason Clark<iclark@ntengineers.com> Cc: Amy<anorris@ntengineers.com>, "bcameroniv@cameronco.com" <bcameroniv@cameronco.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 & 3) - N&T#20055 (SW8 960820, SW8 210311, SW8 201312, SW8 210313) 2 Jason, The requests for additional information for the four pending Barclay Commons permits are attached. Thanks, Kelly KeLLW Asow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent:Tuesday,June 8,2021 10:05 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3)- N&T#20055 CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Reg9rt Spam, Hi Kelly! I've discussed w/Jason &just go ahead & review what we submitted. Thanks, Amy From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent:Wednesday,June 2, 2021 2:49 PM To:Amy Norris<anorris@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1, 2 &3)- N&T#20055 Amy, Any word on this? They will hit 90 days on 6/24 and so I have to get an Addlnfo out on them in the next couple of weeks. Thanks, KJ ILeI-I.wohwsow ei!y Johnson Environmental Engi e c Nvisic::of Energy,M!ners1 and Land Resources 3 Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Amy Norris<anorris@ntengineers.com> Sent: Friday, May 7, 2021 8:15 AM To:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Subject: RE: [External] Barclay Place/Barclay Place Phase 2 Lots 1, 2 &3) - N&T#20055 CAUTION 7 External email.Do not click links or open eittactirnetits unless you verify.Se_ncl alt suspicious email as an attachment t7 Report Kelly, Happy Friday! Hopefully we will know something next week as we are waiting on our client & the surveyor for some information. Amy, S. N.:rris .;_ �y Mara ,•l ..;•2 sir s = spie r" NOBS & TUNS —CONSULTING ENGINEERS ft C. 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1910-343-9604 (F) anorris(a)ntengineers.com www.ntennineers.com Hours: M-Th 8:00 AM—5:30 PM & Friday 8:00 AM —Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shad be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by Norris&Tunstall Consulting Engineers, P.C. and Norris, Kuske&Tunstal! Consulting Engineers, Inc. in the preparation of such data. From:Johnson, Kelly<kelly.p.iohnson@ncdenr.gov> Sent:Wednesday, May 5, 2021 12:45 PM To:Amy Norris<anorris@ntengineers.com> Subject: FW: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2 &3) N&T#20055 Hi Amy, Did you all decide what you would like to do with this? Thanks, Kelly Kau joli'Asow Kelly Johnson Envircnmental Engineer NC Division of Energy, Mineral and Land Resources 4 Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number From:Johnson, Kelly Sent:Thursday,April 29,2021 11:50 AM To:Amy Norris<anorris@ntengineers.com>; Burd,Tina J<Tina.Burd@ncdenr.Gov>; Hall,Christine <Christine.Hall@ncdenr.gov> Cc:Jason Clark<<clark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2-Lots 1,2 &3) -N&T#20055 Hi Amy, The Renewal for Barclay Place (SW8 960820)was issued on 3/31/2020,and then a transfer application was accepted on 4/5/21. There was also a modification package to be permitted shortly after the transfer submitted at the same time. Lot 1(SW8 210311), Lot 2 (SW8 210312) and Lot 3 (SW8 210313)were accepted on 3/26/21 with acceptance emails on 3/29/21. I can keep the SW8 960820 transfer in line and you can pick up the mod for that permit. For the other three,there are two ways to handle this since they have been logged in: 1. If you are still going to need three offsite permits I can logistically handle this by logging them as out for addinfo and you all can pick those up and re-submit. (As you know the rules now only allow for two requests for additional information. If this were to have to go to a third one, I would have to get Christine's approval for that.) 2. If you do not need three,then I can return however many you do not need. But, unfortunately those submittal fees would have to be forfeited. For either option,the mod for SW8 960820 needs to come back in with the offsite permits. (Technically the three offsites should not have been accepted until the SW8 960820 modification was accepted because those lots do not yet exist in the master permit. And,the transfer has to be done before the mod. But,that was our error.) Let me know which way you want to handle this and I can leave the files in our breezeway for pickup. Thanks, Kelly KtildJOhVI.so Kelly Johnson Env ronmentai Engineer NC Division of Energy,i►i,9nerai and Land Resources Stormwater Permitting 127 Cardinai Drive Extension Wilmington,NC 28405-3845 Phone: 910.796.7335 Note Change ir. Phone Number 5 From:Amy Norris<anorris@ntengineers.com> Sent:Thursday,April 29, 2021 11:27 AM To: Burd,Tina J <Tina.Burd(ancdenr.Gov>; Hall, Christine<Christine.Hall@ncdenr.gov>;Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/ Barclay Place Phase 2- Lots 1, 2 &3) - N&T#20055 CAl flLO IH external errs r�i . +n$ c k,keeks n or op m ddirrtnts urdesss you w c.;i.r 4.Send an suspickais errata as an a:Lai...toner,t tc Re Port Sp9m_ Thanks for the info Tina & I'll wait to hear from Kelly! It doesn't matter now, but I didn't receive the acceptance e-mails (maybe they were sent to the Engineer). From: Burd,Tina J <Tina.Burd@ncdenr.Gov> Sent:Thursday,April 29, 2021 11:19 AM To:Amy Norris<anorris@ntengineers.com>; Hall, Christine <Christine.Hall@ncdenr.gov> Cc:Jason Clark<jclark@ntengineers.com> Subject: RE: [External] Barclay Place/Barclay Place Phase 2- Lots 1,2&3) - N&T#20055 These have elready been assigned to Kelly Johnson and she will be in touch with you regarding the projects. An acceptance email was sent to you on March 29, 2021. Tina Burd From:Amy Norris [mailto:anorris@ntengineers.com] Sent:Thursday,April 29,2021 11:10 AM To: Hall,Christine<Christine.Hall@ncdenr.gov>; Burd,Tina J <Tina.Burd@ncdenr.Gov> Cc:Jason Clark<iclark@ntengineers.com> Subject: [External] Barclay Place/ Barclay Place Phase 2-Lots 1,2 & 3)- N&T#20055 Importance: High CAUTiON:External email. Do not dick links or open attachments unless you verify.Send all suspicious email as an attachment to Report ,-am. Christine & Tina, We submitted 4 packages to NC DEQ (you received by FedEx on 03-26-21) on the subject projects. To date, I do not believe we have received any acceptance e-mails. We need to come pick up these 4 packages, as we just had the City of Wilmington TRC meeting and they are requiring a recombination of some lots. Due to the recombination, our applications and plans will change. Please advise when we can pick these up & how. Thanks, Amy 4.rey S. Norris ' Marsg.i..r Assist NORRIS tic T N 'Ett . L —CONSULTING ENGIN i c. 2602 Iron Gate Dr., Suite 102, Wilmington, NC 28412 910-343-9653 (Ext. 1) 1 910-343-9604 (F) anorris(cdntengineers.com www.r.tengineers.com 6 Hours: M-171 8:00 AM—5:30 PM & Friday 8:00 AM—Noon It is the professional opinion of Norris&Tunstall Consulting Engineers, P.C. and Norris, Kus:.e&Tunstall Consulting Engineers, Inc. That this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usab?.i!y cr readability of documents resulting from the use of soft!_^pare app ication packages,operating systems,or computer hardware differing from those used by Nc-ris&Tunstall Consulting Engineers, P.C.and Norris, Kuske&Tunstall Consulting Engineers, Inc. in the preparation of such data. 7 CA202108302515 SOSID: 1387928 Date Filed: 3/24/2021 Elaine F.Marshall 11 LIMITED LIABILITY COMPANY ANNUAL North Carolina Secretary of State CA2021 083 02515 1Mz0P NAME OF LIMITED LIABILITY COMPANY: Dry Pond Partners, LLC Fling Office Use Only SECRETARY OF STATE ID NUMBER: 1387928 STATE OF FORMATION: NC • REPORT FOR THE CALENDAR YEAR: 2021 0 40 SECTION A:REGISTERED AGENTS INFORMATION ' Changes 1. NAME OF REGISTERED AGENT: Scott Christopher Sullivan 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 1201 Glen Meade Road P.O. Box 3649 Wilmington,NC 28401 New Hanover Wilmington,NC 28406 New Hanover SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holding 2_PRINCIPAL OFFICE PHONE NUMBER: (910)762-2676 3.PRINCIPAL OFFICE EMA Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS - • '7ti• 1201 Glen Meade Road P.O.Box 3649 Wilmington,NC 28401 New Hanover Wilmington, NC 28406 New Hanover 6. Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME:' c� �IC � �ty NAME: Jane C Sullivan-Trust 4/3/13 NAME: Rachel Cameron Trust 4/3/13 TITLE: \ii, a j TITLE: Member TITLE: Member ADDRESS: ADDRESS: ADDRESS: P.O.Box 3649 P.O.Box 3649 P.O.Box 3649 Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover Wilmington,NC 28406 New Hanover SECTION •CERTIFICAT N OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity. • '403, •--iI- 1 SIGNATURE DATE _ Form must be signed by a Company Official listed under Section C of This form. (ice. PJ Oficmeirov. min a c Print or Type Name of Company Official Print or Type Ti Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 MAIL TO:Secretary of Stale, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 Burd, Tina J From: Burd,Tina J Sent: Monday, March 29,2021 3:59 PM To: hill@cameronco.com;jclark@ntengineers.com;Amy Norris Subject: SW8 210312 - Barclay Place Phase 2 - Lot 2 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted the Stormwater Permit Application and$505.00 fee for the subject project on March 26, 2021. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance&Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 ' .a):..l., Y' r r'�.'<<. .�.- w..•,"- ... 1 u'. 1..._ =� _ its 1..... 7.Li�4. Website: htto://dea.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COVID-i9, the Department of Environmental Quality has adjusted opera tions to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only. Ph-as,- check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email.We appreciate your patience as we continue to serve the public during this challenging time. 1 Non-Transfer Application Completeness Review Checklist-Short Version liProject Name: CA- i'f PL.,q LE PAA5 7 2 �-c`i- Z 7ate Dalivr rep to WlFtO �/�� al Project County/Location: i's• 4 / Si-1 i r l ft£� F �a� a c� SIM5 R.eceived/kccep Received/Accepted Date: BIMS Acknowledged Date : 31 (i7 I Permit Action: New nnaot located in the Eli of the following deiigated and New Permit#2: E�$ ca'a3 I a unctionin,programs: R�4er IP 1 lctdtc� Rip i NHC:Carolina Be such/r ure Beach/Wilmington/Wrightsville Beach Bruns: Leland;'Navassa(')/Oak Island Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City Major Mod;Minor Mod/Renewal Existing Permit#: cxuriation Dated: III Permit Type: HD ,�`/Li)Overall/HD&LD Combo Gen-"al Permit Offsite xempt Offsite to SWg: l/,Dv 2-0 Development Type: Commerciai Other is Lot ID'ed in Master Permit? IP Subdivided?: Subdivision or Single Lot Rule(s): n2017 Coastal 02008 Coastai 31995 Coastal Phase li Dliniversal D1.988 Coastal Permittee Type&Documents Needed: Property Owner(s) �Purr�aser ,Lessee �HOA Developer Viable? I Viable? Viable? �Viable7 ��Viable? i [ Deed I. Purchase Ar�mt IILeaSe nElection Minutes 0Not Subdivided:Deed O5ubdivision• Common Area Deed i Paperwork Application Fee: f$SOS(within 6ma) Check#(s): 134 5 EINo Pee 1JSupplement2(1 new form or for older forms:1 original per 5CM) ❑O&M2 Soils Report(lnfi!or PP) ®Calculations(signed/sealed) Deed Restrictions,if subdivided Project Narrative JUSGS Map(or on file?) Subject to SA?: l N Subject to ORM• Y / N ®Plans(2 Sets) DPE Certification .Electronic Copies DFasements, Recorded(2017 Ruies) NOTES: :Enter BIMS Acknowledged Date r±r4 this Sheet HE'=or New Projects-Enter New Permit#on Supplements&Deec Fiestiction Templates 'ii w/li,6 months and they are requesting a mod,STOP. Needs a renewal first. I E: a 1 4--- EMAILED ENGINEER DATE: Comments: REVIEWER NAME: 1L'�,L 1 ,i G:WGi\\Reference Library\Procedures\Chzcxlis:5;Completeness Review C+-ck'isc_2020 0131 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Drive,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910) 343-9653 (910)287-5900 (910) 343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. RECEIVED J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K Bland,P.E. MAR 2 6 2021 Thomas J.Scheetz,E.I. March 25, 2021 M.DEQ WILMINGTON RO NC DEQ Division of Energy, Mineral and Land Resources— State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal Barclay Place Phase 2 — Lot 2 2545 Croquet Drive Wilmington, NC N&T Project No. 20055 Dear Sir or Madam: Enclosed are two (2) sets of plans for the above referenced project, one (1) set of calculations, one (1) copy of the Stormwater Narrative, one (1) USGS map, one (1) copy of the Deeds, one (1) copy of the Articles of Organization, the original Deed Restrictions form, the original Division of Water Quality Stormwater Management Permit application, the original Off-Site System Supplement form (includes Operation and Maintenance Agreement), a $505.00 check for the permit review fee, and one (1) CD (PDF of the complete submittal). Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. A- 0 T. Jason lark, P. E. T.1t4-;),% TJC/asn 20055 03-24-21-s-sw-Itr(Lot 2 Offsite) Enclosures cc: Hill Rogers/ Cameron Co. (by E-Mail Only) NCBELS License C-3641 7/9/2020 North Carolina Secretary of State Search Results abtss/ • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company SCANNED 11.- . Legal Name Dry Pond Partners, LLC Information Sosld: 1387928 Status: Current-Active O , A Date Formed: 7/1/2014 BYy: Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Sullivan, Scott Christopher Addresses Principal Office Reg Office Reg Mailing 1201 Glen Meade Road 1201 Glen Meade Road P.O. Box 3649 Wilmington, NC 28401 Wilmington, NC 28401 Wilmington, NC 28406 Mailing • P.O. Box 3649 Wilmington, NC 28406 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57 D-3-20. Managing Member Member Member Bruce B Cameron , IV Jane C Sullivan Trust 4/3/13 Rachel Cameron Trust 4/3/13 P.O. Box 3649 P.O. Box 3649 P O. Box 3649 Wilmington NC 28406 Wilmington NC 28406 Wilmington NC 28406 httpsJ/www.sosnc.gov/online_services/searchBusiness_Registration_Results 1/2 7/9/2020 North Carolina Secretary of State Search Results manager Scott C Sullivan PO Box 3649 Wilmington NC 28406 https://www.sosnc.gov/online_services/search/Business_Registration_Results 2/2 plECEI"v'E'U SCANNED MAR 2 6 2021 U.S.EUSGS DEFAR7MENC OFm M. i�,,,.y, WILMINGTON QUADRANGLE r�r.rr...r V..asowoIc LE , - ;:....US Topo NORTH CAROLINA wet. f.s.onnC SOULSt+:s °'`E .. .. . T-'-" Cm— o-.r n ._ --/.'— - qt-- - - a.,.::to-16, � t • 'r - •'1= pro • '•Yr' x. R� 1 y • I's 9• ...,' • z •n • • •1040.1\ .!. w I i�s - . J I 1111016 11 . ' -, , ' 117I • • • • • e. 1 ilk \i, .• • • • • b • . . • . _.... ._.. ... ..,..• va. . ..", ....,.. • :....• . . .. . . . --- -,\ • • ,,, i . .. ... . . •. ...• . \ . , :I ' N. ,+ WWI:,�.U:t bw 0.401 Sur. SCALE 1:21 OW66 ut0c.wrmw .t'a MOOS 1 t tr:tws:.- wiro:y.:waravn.wwwtrynxill MB s e r� MI u . W w. me MOIL.M.D.MO014/01.111•or nu 1:11:10 Y " 1:101: WILMINGTON,NC 2013 STORMWATER SYSTEM & EROSION CONTROL NARRATIVE BARCLAY PLACE PHASE 2 2545 Croquet Drive Wilmington, North Carolina ii ECEIVV' For MAR 2 6 2021 Dry Pond Partners, LLC BY: P.O. Box 3649 Wilmington, NC 28406 (910) 762-2676 030869 '''s: ti•;:stt3-ratIp' March 2021 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 2602 Iron Gate Drive, Suite 102 Wilmington, North Carolina 28412 (910) 343-9653 (910) 343-9604 (Fax) License# C-3641 N&T Project Nc. 20055 NARRATIVE BARCLAY PLACE 2 Receiving Stream Name: Hewletts Creek Stream Class: SA Stream Index Number: 18-87-26 DESCRIPTION: The project site is 6.07 AC (also the Limits of Disturbance) located at 2545 Croquet Drive in Wilmington, NC. The project includes work mostly on Lot 3, with some on Lot 2 and some within the existing Phase 1 development area. The soils of the site consist of Murville Fine Sands with nearly flat grades. Approximately 6.07 AC will be graded to allow construction of a new townhomes and multi-family development with paved parking and paved access. The development will also include the relocation of an existing ditch to the property line. The runoff from the site is estimated using the requirements of the City and State. Construction is scheduled to begin as soon as all permits and approvals are obtained. EROSION CONTROL MEASURES: The attached plans and specifications outline the requirements for erosion control measures. Temporary Silt fencing will be provided along everywhere stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. Gravel check dams will not be provided unless the Contractor has to temporarily discharge into an open ditch instead of the proposed storm drain outfall. All inlets will have required inlet protection. The detention pond will be used as a sediment basin during construction and restored to its design contours prior to completion. A gravel construction entrance will be constructed at the Project entrances. Maintenance will be provided by the grading contractor and developer. STORMWATER MANAGEMENT MEASURES: The project site is located in New Hanover County. Land disturbing on the site will exceed one (1) acre, which requires the site to comply with City and State regulations. The stormwater runoff from the development will be directed to the existing stormwater detention pond. The stormwater detention pond was designed to accommodate this site. This site was originally permitted as a part of The Independence Grande Development; State SW Permit SW8 960820. This permit was last renewed July 8th, 2009 with name of Barclay Place. The approved plans for Barclay Place included two (2) Phases. Phase 1 was constructed and is existing. The Phase 2 portion was not constructed as permitted. This submittal is for a new layout of Phase 2. 2 CONSTRUCTION SEQUENCE: The contractor will install the gravel construction entrance and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The detention pondfsilt basin will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. 3 EROSION CONTROL NOTES AND MAINTENANCE PLAN 1. All erosion and sediment control measures will be checked for stability and operation following every runoff-producing rainfall, but in no case, less than once every week and within 24 hours of every half-inch rainfall. 2. All points of egress will have construction entrances that will be periodically top- dressed with an additional 2 inches of#4 stone to maintain proper depth. They will be maintained in a condition to prevent mud or sediment from leaving the site. Immediately remove objectionable material spilled washed or tracked onto the construction entrance or roadways. 3. Sediment will be removed from hardware cloth and gravel inlet protection, block and gravel inlet protection, rock doughnut inlet protection and rock pipe inlet protection when the designed storage capacity has been half filled with sediment. Rock will be cleaned or replaced when the sediment pool no longer drains as designed. Debris will be removed from the rock and hardware cloth to allow proper drainage. Silt sacks will be emptied once a week and after every rain event. Sediment will be removed from around beaver dams, dandy sacks and socks once a week and after every rain event. 4. Diversion ditches will be cleaned out immediately to remove sediment or obstructions from the flow area. The diversion ridges will also be repaired. Swales must be temporarily stabilized within 21 calendar days of cease of any phase of activity associated with a swale. 5. Sediment will be removed from behind the sediment fence when it becomes half filled. The sediment fence will be repaired as necessary to maintain a barrier. Stakes must be steel. Stake spacing will be 6 feet max. with the use of extra strength fabric, without wire backing. Stake spacing will be 8 feet max. when standard strength fabric and wire backing are used. If rock filters are designed at low points in the sediment fence, the rock will be repaired or replaced if it becomes half-full of sediment, no longer drains as designed or is damaged. 6. Sediment will be removed from sediment traps when the designed storage capacity has been half filled with sediment. The rock will be cleaned or replaced when the sediment pool no longer drains or when the rock is dislodged. Baffles will be repaired or replaced if they collapse, tear, decompose or become ineffective. They will be replaced promptly. Sediment will be removed when deposits reach half the height of the 1st baffle. Floating skimmers will be inspected and kept clean weekly. 7. Sediment will be removed from the sediment basin when the design storage capacity has been half filled with sediment. Rock will be cleaned or replaced when the sediment pool no longer drains or if the rock is dislodged. Baffles will be repaired or replaced if they collapse, tear, decompose or become ineffective. They will be replaced promptly. Sediment will be removed from baffles when deposits 4 reach half the height of the 1st baffle. Floating skimmers will be inspected weekly and will be kept clean. Land Quality Requires: 8. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. All slopes will be stabilized within 21 calendar days. All other areas will be stabilized within 15 working days. Water Quality Requires: 9. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. All perimeter dikes, swales, ditches, perimeter slopes, all slopes steeper than 3' horizontal to 1' vertical (3:1) and all high-quality water (HQW) zones shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within seven (7) calendar days from the last land- disturbing activity. All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within fourteen (14) calendar days from the last land-disturbing activity. 10. Flocculants will be used to address turbidity issues. The pumps, tanks, hoses and inject systems will be checked for problems or turbid discharges daily. 11. Refer to new NPDES rules regarding basin outlet structures and skimmers shall withdraw water from the surface. 5 SECTION 02920 SOIL EROSION AND SEDIMENTATION CONTROL 1. GENERAL 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 21 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post-construction period. Use the specified seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be#57 washed stone. 2.9 Aggregate for construction entrance shall be#4 washed stone. 6 2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as shown. 3. EXECUTION 3.1 General: Take every practicable measure during construction or suspension to work to minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on offsite property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1,000 square feet and wood chips at a rate of 500 pounds per 1,000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A or Class B erosion control stone at minimum two feet high and three feet thick across the watercourse, with a one foot thick layer of gravei on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 7 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed:Areas to be seeded shall be scarified to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1,000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 sounds per 1000 square feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION 8 ‘ N) :41---t-t7:71 SCANNED FOR REGISTRATION REGISTFJ, OF DEEDS 11111111111111111111111111111111111 ;met eil 38 17"PM ECEIvE- 2@f4032442 BK 5855 PG 236-246 FEE $26 00 .li MAR z 6 2021201. 02i INSIRMENT 4 20141132442 BY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CO-TRUSTEES' DEED Parcel ID.R06117-011-016-000 RETURN TO Document Stamps $None a- C� Prepared byorgan&Carter,PLLC,602 Market St,Wilmington,NC 28409 SW THIS CO-TRUSTEES'DEED,made and entered into this 3-4 day of November,2014,by and between SCOTT C SULLIVAN(also known as Scott Christopher Sullivan)and BRUCE B. CAMERON, IV, as Co-Trustees of the trust for the benefit of Rachel Lynn Cameron, et al, established April 3, 2013,upon the death of Bruce B Cameron,under Articles VIII and XIII and other provisions of the aforesaid trust agreement dated October 1, 1992, between Bruce B. Cameron, Grantor, and Bruce B.Cameron,Trustee,as amended and completely restated by that amended and restated trust agreement dated July 29,2010,between Bruce B Cameron,Grantor, and Bruce B Cameron,Trustee,with an address of P 0 Box 3649,Wilmington,North Carolma 28406 (herein"Grantors"),and DRY POND PARTNERS,LLC,a North Carolina limited liability company, with an address of P 0 Box 3649, Wilmington, North Carolina 28406 (herein "Grantee"); 1 WITNESSETH• WHEREAS, a Certification of Trust regarding the trust for which the Grantors are Co- Trustees is recorded in Book 5849 at Page 565 of the New Hanover County Registry,and WHEREAS,the above named Co-Trustees are presently the duly qualified and acting co- trustees of the above stated trust,and NOW THEREFORE,the Grantors, in consideration of ONE ($1.00)DOLLAR and other good and valuable considerations,the receipt of which is hereby acknowledged,have given,granted, bargained,and sold,and by these presents do give,grant,bargain,sell and convey unto the Grantee, its successors and assigns,a twenty-five percent(25.00%)undivided interest in and to that certain tract, parcel, or lot of land in New Hanover County, North Carolina, bounded and described as follows,to-wit BEING a certain tract or parcel of land lying and being m the City of Wilmington,New Hanover County,North Carolina and being part of the Bruce B.Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public right of way)with the eastern right of way of Independence Boulevard(100'public right of way)• Proceed from said point of beginning and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft,thence leaving said southern right of way and with the eastern line of the Bruce B Cameron Trust tract S 41-15-37 E 658.21',thence N 42-21-41 E 179.68 ft.to the western right of way of Longstreet Drive(60'public right of way),thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said right of way S 42-32-47 W 20125 ft thence N 41-12-42 W 238.46 ft S 42-10-37 W 442 59',thence N 47-27-43 W 35.06',thence N 42-32-09 E 7 46',thence N 47-27-51 W 42.00',thence S 42-32-09 W 7.46',thence N 47-27- 43 W 332 86',thence with a curve to the right having a radius of 158 02' a chord N 30-25-20 W 91 54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449 88'to a point on the eastern right of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046.44'a chord N 04-30-55 E 135.11',thence N 00-48-49 E 148 19', thence N 38-32-20 E 207.53'to the point of beginning and containing 12 77 acres 2 TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.m width for ingress,egress,and regress,and for the installation of utilities identified as"50'PRIVATE ACCESS EASEMENT"on that plat entitled"MAP OF SURVEY FOR BRUCE B CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services,P.A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly described as follows. Beginning on a point on the southern right of way of Shipyard Blvd.930 ft.public right of way), at a point located N 76-27-56 E 157.24 ft.from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft.to a point,thence leaving said right of way S 13-35-05 E 395 96 ft to a point being the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft.to a point in said line,thence N 13-35-05 W 396.36 ft.to the point of beginning. TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description. SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITH NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress, egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 157 24 f t, thence S 13-35-05 E 396 36 ft to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 3 _ � . 76 00-10 W 82 76 ft, thence N 59-45-15 E 86 38i, thence S 13-35-05 E 2417 fl to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH AN EASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement being particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 207 24 ft, thence S 13-35-05 E 429 64 ft to the point of beginning Proceed thence S 13-35-05 E 6 56 ft, thence a curve to the left having a radius of 158 0211 a chord of S 23-25-49 E 54 04 ft,thence N 19-38-32 E 45 5711, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located 4 on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property Provided, however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress, egress and regress over the existing roads and driveways located on the above described property Provided, however, that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY to enter upon said property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property. Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY for ingress,egress and regress over the existing roads and driveways located on the above described property Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. 5 anonw..rr Said described easement is intended to arid hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertaining The property herein described does not include the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all privileges and appurtenances thereunto belongmg to the Grantee, its successors and assigns,forever And the Grantors covenant with the Grantee,that Grantors have done nothing to impair such title as the Grantors received,and the Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through the Grantors, other than the following exceptions. 1 The lien of the 2014 Ad Valorem taxes; 2 All governmental land use statutes,ordinances,and regulations including zoning, building,and subdivision regulations affecting the property, 3 Matters which would be revealed by an accurate survey of the property, 4. All matters of record affecting the above described property. 6 IN WITNESS WHEREOF,Scott C.Sullivan(also known as Scott Christopher Sullivan) and Bruce B Cameron,IV,as Co-Trustees and Grantors as aforesaid,have hereunto set their hands and seals,the day and year first above written. / LC (SEAL) Scott C Sullivan(also known as Scott Christopher Sullivan),Co-Trustee rL (SEAL) Bruce B.Cameron,N,Co-Trustee STATE OF NORTH CAROLING COUNTY OF NEW HANOVER I, •=7:-. y-) D. M e.i fprl ,a Notary Public of Ander— County,North Carolina,hereby certify that SCOTT C SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee,personally came before me this day and acknowledged the execution of the foregoing instrument. =' 10 ; and and notarial seal,th. e 20 day of,,0 ,2014 e Y ` _►-,+ ,�.kG z otary Public (Printed Name of Notary) DER CQ My commissio" . , 3©--))n STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1) J I, �u v ) v@ ,YI ,a Notary Public of —� County,North Carolina,hereby certify that BRUCE B.CAMERON,IV,Co-Trustee,personally came before me this day and acknowledged the execution of the foregoin mstrum,ent. Witness my hand and notanal seal,this the day of ,2014. eery seal) 0 e Notary Public NOTARY (Printed Name of Notary) PUBLIC Myct`, ,c sion exp — 1 nm,ma0 OkINTVIlit . 0 J )11 11 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ***********i fr**** *********************I#************* **►****Mkt*******i**it********** Filed For Registration: 12/03/2014 04:38:17 PM Book: RE 5855 Page 238-246 Document No.: 2014032442 9 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032442 * 2014032442 _ .. SCAN .NED I� ��-•IIii-•-{-•I_ -•-IIII•-• ii_......... REGISTRATION R!O! TFP OF DEEDS PLlI 98 �iill!1I��I��� �u��lift it���1 TAMMY THEUSCH 2014 DEC ER ar3817NPM 2014032441 BK 5855 PG 230-237 FEE $26 00 MARReceiveU 2 6 0 � INSTR�EI NT 201103241 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CO-TRUSTEES' DEED Parcel ID.R06117-011-016-000 Document Stamps. $,None +RETU RN TO M t-'C.-- Prepared by rorgan&Carter,PLLC,602 Market St, Wilmington,NC 28409 THIS CO-TRUSTEES'DEED,made and entered into this)+-~ day ofNovember,2014,by and between Scott C Sullivan(also known as Scott Christopher Sullivan)and Bruce B Cameron, IV,as Co-Trustees of the trust for the benefit of Jane Cameron Sullivan,et al.,created under Article XII and other provisions of that certain trust agreement dated October 1, 1992,between Bruce B Cameron, Grantor, and Bruce B Cameron, Trustee,as amended and completely restated by that amended and restated trust agreement dated July 29,2010, between Bruce B Cameron,Grantor, and Bruce B Cameron,Trustee,with an address of P 0 Box 3649,Wilmington,North Carolina 28406 (herein"Grantors"),and DRY POND PARTNERS,LLC,a North Carolina limited liability company, with an address of P.O. Box 3649, Wilmington, North Carolina 28406 (herein "Grantee"), 1 WITNESSETH WHEREAS, a Certification of Trust regarding the trust for which the Grantors are Co- Trustees is recorded in Book 5852 at Page 5 of the New Hanover County Registry;and WHEREAS,the above named Co-Trustees are presently the duly qualified and acting co- trustees of the above stated trust;and NOW THEREFORE,the Grantors, in consideration of ONE($1 00)DOLLAR and other good and valuable considerations,the receipt of which is hereby acknowledged,have given,granted, bargained,and sold,and by these presents do give,grant,bargain,sell and convey unto the Grantee, its successors and assigns,a fifty percent(50.00%)undivided interest in and to that certain tract, parcel,or lot of land in New Hanover County,North Carolina,bounded and described as follows,to- wit BEING a certain tract or parcel of land lying and being in the City of Wilmington,New Hanover County,North Carolina and being part of the Bruce B Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows. Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public right of way)with the eastern right of way of Independence Boulevard(100' public right of way): Proceed from said point of beginning and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft,thence leaving said southern right of way and with the eastern line of the Bruce B Cameron Trust tract S 41-15-37 E 658 21',thence N 42-21-41 E 179 68 ft.to the western right of way of Longstreet Drive(60'public right of way),thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said right of way S 42-32-47 W 20125 ft thence N 41-12-42 W 238 46 ft S 42-10-37 W 442 59',thence N 47-27-43 W 35.06',thence N 42-32-09 E 7 46',thence N 47-27-51 W 42 00',thence S 42-32-09 W 7 46',thence N 47-27- 43 W 332 86',thence with a curve to the right having a radius of 158 02'a chord N 30-25-20 W 91 54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449.88'to a point on the eastern right of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046 44' a chord N 04-30-55 E 135 11',thence N 00-48-49 E 148 19', thence N 38-32-20 E 207 53'to the point of beginning and containing 12 77 acres 2 TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft m width for ingress,egress,and regress,and for the installation of utilities identified as"50' PRIVATE ACCESS EASEMENT"on that plat entitled"MAP OF SURVEY FOR BRUCE B CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services,P A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly described as follows Beginning on a point on the southern right of way of Shipyard Blvd 930 ft public right of way), at a point located N 76-27-56 E 157 24 ft from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft to a point,thence leaving said right of way S 13-35-05 E 395 96 ft to a point being the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft to a point in said line,thence N 13-35-05 W 396 36 ft to the point of beginning TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITHA NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress, egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blv4 N 76-27-56 E 157 24 f1, thence S 13-35-05 E 396 36 ft to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 3 76-00-10 W 82 76 ft, thence N 59-45-15 E 86 38 ft, thence S 13-35-05 E 2417 ft to the point of beginning This easement will continue until such time that IG Wilmington,L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH ANEASEMEIVT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement being particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of wary of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76-27-56 E 207 24 ft, thence S 13-35-05 E 429 64 ft to the point of beginning Proceed thence S 13-35-05 E 6 56 ft, thence a curve to the left having a radius of 158 02 ft a chord of S 23-25-49 E 54 04 ft, thence N 19-38-32 E 45 57 ft, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington, L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located 4 on the property including but not limited to the stormwater retention pond located in die northeastern corner of property Provided, however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened Property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress,egress and regress over the existing roads and driveways located on the above descnbed property Provided, however, that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertaining. The property herein described does not include the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns,forever And the Grantors covenant with the Grantee,that Grantors have done nothmg to impair such title as the Grantors received,and the Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through the Grantors, other than the following exceptions 1 The lien of the 2014 Ad Valorem taxes, 2 All governmental land use statutes, ordinances, and regulations including zoning, building,and subdivision regulations affecting the property, 3. Matters which would be revealed by an accurate survey of the property, 4 All matters of record affecting the above described property 5 IN WITNESS WHEREOF, Scott C. Sullivan(also known as Scott Christopher Sullivan) and Bruce B.Cameron,IV,as Co-Trustees and Grantors as aforesaid,have hereunto set thew hands and seals,the day and year first above written A 4-c (SEAL) ) Scott C. Sullivan(also known as Scott Christopher Sullivan),Co-Trustee 40-- 4 (SEAL) Bruce B.Cameron, IV,Co-Trustee 6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 1A•52 n M e"t n ,a Notary Public of id- - County,North Carolina,hereby certify that SCOTT C.SULLIVAN(also known as Scott Christopher Sullivan),Co-Trustee,personally came before me this day and acknowledged the execution of the foregomg instrument ) (,ii s my hand and notarial seal,th' the ZD day of Ala ,2014. ary seat) 2 ( _., " 1/45-usani12. 1.1bn Notary Public NOTARY (Pnnted Name of otary) P = acc` My com ' ti ,.r+ - a— t , itifttufun06 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, J u$2rt D. 14P i h ,a Notary Public of i= County,North Carolina,hereby certify that BRUCE B CAMERON,IV, Co-Trustee,personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal,this the c2 if day of N41/, ,2014. �. M&• 7 c,� notary sea)0* an"J- a Ho ri Notary Public c° NOTARY (Printed Name of Notary) PUBLIC 2 M ,, ission e e. V 3P MP, 4W'R coo' antuinlOg 7 kSNIVsk 4O I ° n � r 011%. r . < f i�y; ii,,, e TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 #############*######### Filed For Registration: 12/03/2014 04:38:17 PM Book: RE 5855 Page: 230-237 Document No.: 2014032441 8 PGS S26.00 Recorder HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032441 * 2014032441 � SCANNED AbC rCEFVE[i � 202� FOR REGISTRATION REGISTER OF DEEDS 11.31111111111.1 lil THEUSCH BEpSLEY pIEW F9RNOV=RCOUNTY, !�C2094 DECQ3 0438i? PM BY: 2012440 BK 5855 PG 223-229 FEE $26 QO INSIRIENT 12014032440 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SPECIAL WARRANTY DEED Parcel ID.R06117-011-016-000 RETURN TOE'c,, Document Stamps $None Prepared by Morgan&Carter,PLLC,602 Market St, Wilmington,NC 28409 THIS SPECIAL WARRANTY DEED,made and entered into this 2 k day of November, 2014, by and between BRUCE B CAMERON, IV, a resident of New Hanover County,North Carolina,with an address ofP.O.Box 3649,Wilmmgton,North Carolina 28406(herein"Grantor"); and DRY POND PARTNERS,LLC,a North Carolina limited liability company,with an address of P 0 Box 3649,Wilmington,North Carolina 28406(herein"Grantee"), WITNESSETH. WHEREAS,Grantor is a married person acting without the joinder of his spouse pursuant to a Premarital Agreement dated October 2,2014,a memorandum of which Premarital Agreement is recorded in Book 5843 at Page 683 of the New Hanover County Registry, NOW THEREFORE,the Grantor in consideration ofONE($1.00)DOLLAR and other good and valuable considerations, the receipt of which is hereby acknowledged, has given, granted, bargained,and sold,and by these presents does give,grant, bargain, sell and convey unto the said Grantee,its successors and assigns,a twenty-five percent(25%)undivided interest in and to that certain tract,parcel,or lot of land in New Hanover County,North Carolina,bounded and described as follows,to wit BEING a certain tract or parcel of land lying and being in the City of Wilmington,New Hanover County,North Carolina and being part of the Bruce B Cameron Trust Tract recorded at deed book 2533 page 725,records of New Hanover County,North Carolina and being more particularly described as follows Beginning at a point at the intersection of the southern right of way of Shipyard Boulevard(130' public right of way)with the eastern right of way of Independence Boulevard(100'public right of way): Proceed from said point of beginning and with the southern right of way of Shipyard Boulevard N 76-27-56 E 529 72 ft.,thence leaving said southern right of way and with the eastern line of the Bruce B.Cameron Trust tract S 41-15-37 E 658.21',thence N 42-21-41 E 179.68 ft.to the western right of way of Longstreet Drive(60'public right of way),thence with said right of way S 41-15-38 E 261 63 ft,thence leaving said right of way S 42-32-47 W 20125 ft thence N 4I-12-42 W 238.46 ft. S 42-10-37 W 442 59',thence N 47-27-43 W 35.06',thence iti 42-32-09 E 7 46',thence N 47-27-51 W 42.00',thence S 42-32-09 W 7.46',thence N 47-27- 43 W 332.86',thence with a curve to the right having a radius of 158 02' a chord N 30-25-20 W 91.54',thence N 13-35-05 W 40 24',thence S 76-00-10 W 449 88'to a point on the eastern right of way of Independence Boulevard,thence with said eastern right of way and with a curve to the left having a radius of 1046 44' a chord N 04-30-55 E 135 11',thence N 00-48-49 E 148.19', thence N 38-32-20 E 207 53'to the point of beginning and containing 12 77 acres. TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft.in width for ingress,egress,and regress,and for the installation of utilities identified as"50'PRIVATE ACCESS EASEMENT'on that plat entitled"MAP OF SURVEY FOR BRUCE B.CAMERON, TRUSTEE"dated November 28,2005 and prepared by Hanover Design Services,P.A.as recorded on November 29,2005 in Map Book 48 at Page 371 of the New Hanover County Registry and more particularly described as follows- Beginning on a point on the southern right of way of Shipyard Blvd 930 ft public right of way), at a point located N 76-27-56 E 157 24 ft from a point located at the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd Proceed thence with the southern right of way of Shipyard Blvd N 76-27-56 E 50.00 ft to a point,thence leaving said right of way S 13-35-05 E 395 96 ft.to a point being the most northern corner of the above described tract,thence with the northern line of the above described tract S 76-00-10 W 50.00 ft.to a point in said line,thence N 13-35-05 W 396 36 ft to the point of 2 beginning TOGETHER WITH AND SUBJECT TO A NONEXCLUSIVE EASEMENT 50 ft m width for ingress,egress,and regress,and for the installation and maintenance of utilities as created by that Declaration of Access Easement dated December 5,2005 and recorded in Book 4949 at Page 79 of the New Hanover County Registry of Deeds reference to which is made for a more particular description SUBJECT TO THOSE EASEMENT RIGHTS GRANTED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: TOGETHER WITH A NONEXCLUSIVE EASEMENT for the use of an existing walkway for ingress,egress and regress and for general landscaping described as follows Beginning on a point in the northern line of the above described 26 23 acre tract, said point being located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right of way of Independence Blvd, N 76 27-56 E 157 24 ft, thence S 13-35-05 E 396 36 ft to the point of beginning Proceed thence with the northern line of the above described 26 23 acre tract S 76-00-10 W 82 76 ft, thence N 59-45-15 E 86 38 ft, thence S 13-35-05 E 2417 ft to the point of beginning This easement will continue until such time that IG Wilmington,L L C or its successors and assigns remove the walkway located within the easement or otherwise abandon the same at which time this nonexclusive easement shall cease to exist TOGETHER WITH ANEASEMENT for the use of an existing trash compactor and/or dumpster which serves the apartment complex on the above described property Said trash compactor and/or dumpster may be repaired and/or replaced as necessary Said easement being particularly described as follows Beginning on a point located the following bearings and distances from the intersection of the southern right of way of Shipyard Blvd with the eastern right 3 of way of Independence Blvd, N 76-27-56 E 207 24 ft,thence S 13-35-05 E 429 64 ft to the point of beginning Proceed thence S 13-35-05 E 6 56 ft,thence a curve to the left having a radius of 158 02 ft a chord of S 23-25-49 E 54 04 ft, thence N 19-38-32 E 45 57 ft, thence N 71-12-36 W 40 50 ft to the point of beginning This easement will continue until such time that IG Wilmington,L L C or its successors and assigns remove or otherwise relocate said trash facilities at which time this easement shall cease to exist TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE RIGHT AND EASEMENT IN THOSE EASEMENT RIGHTS RESERVED BY BRUCE B.CAMERON, AS TRUSTEE UNDER THAT CERTAIN REVOCABLE TRUST AGREEMENT DATED OCTOBER 1,1992 AS LANDLORD IN THAT FIRST LEASE AMENDMENT WITH THE TENANT IG WILMINGTON,L.L.C.WHICH ARE FURTHER SET FORTH IN THAT MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. SAID EASEMENTS BEING FURTHER DESCRIBED IN SAID MEMORANDUM OF LEASE AS FOLLOWS: RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the a oresaid mentioned recorded map)to enter upon the above described property and install, maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property Provided,however, that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property RESERVING,HOWEVER,A NONEXCLUSIVE EASEMENT reserved by Bruce B Cameron, Trustee, to run with and for the benefit of the property currently owned by Bruce B Cameron, Trustee, located adjacent to the northern boundary of the above described property(generally referenced on the aforesaid mentioned recorded map)for ingress, egress and regress over the existing roads and driveways located on the above described property Provided, however,that no use or enjoyment of the foregoing reserved easement 4 shall unreasonably interfere with the burdened property TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY to enter upon said property and install,maintain and repair utilities including but not limited to stormwater retention facilities and to use existing stormwater facilities and drainage easements located on the property including but not limited to the stormwater retention pond located in the northeastern corner of the property. Provided,however,that no use or enjoyment of or utilities installed pursuant to the foregoing reserved easement shall unreasonably interfere with the burdened property Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT'DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH A NONEXCLUSIVE EASEMENT to enter upon that property described in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5, 2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY for ingress,egress and regress over the existing roads and driveways located on the above described property Provided,however,that no use or enjoyment of the foregoing reserved easement shall unreasonably interfere with the burdened property. Said described easement is intended to and hereby conveys a perpetual easement running with the land identical in all other respects to the easement reserved in that MEMORANDUM OF FIRST LEASE AMENDMENT DATED DECEMBER 5,2005 AND RECORDED DECEMBER 8,2005 IN BOOK 4949 AT PAGE 84 OF THE NEW HANOVER COUNTY REGISTRY. Together with all and singular the lands,tenements,easements,and appurtenances thereunto belonging or in anywise appertaining The property herein described does not include the primary residence of the Grantor. 5 TO HAVE AND TO HOLD the aforesaid undivided interest in and to said tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns,forever. And the Grantor covenants with the Grantee,that the Grantor has done nothing to impair such title as the Grantor received,and the Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through the Grantor,other than the following exceptions. 1. The lien of the 2014 Ad Valorem taxes, 2. All governmental land use statutes, ordinances, and regulations including zoning, building,and subdivision regulations affecting the property; 3. Matters which would be revealed by an accurate survey of the property, 4. All matters of record affecting the above described property IN WITNESS WHEREOF,Grantor has hereunto set his hand and seal the day and year first above written. 4'1.- '/• -.G! (SEAL) Bruce B Cameron,IV STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, . 52n J), e1 v► ,a Notary Public ofPa-04er County,North Carolina,hereby certify that BRUCE B.CAMERON,IV,personally came before me this day and acknowledged the execution of the foregoing instrument Witnes d and notarial seal,this the .2 day of ,2014 5�� D ��i•p glary seal) ��.5'�sa „�. h Notary Public NOTARY (Printed Name of Notary) PUBLIC C� MY oo .skon effistc>s-3 0- -kattnimpatoo- 6 lf7% , _ aelrsiiO TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 R**ii******k##1Fkkkkk*ik***ki**iki**k*******k**********kkik*iM****kk# Flied For Registration- 12/03/2014 04.38.17 PM Book: RE 5865 Page: 223-229 Document No.: 2014032440 7 PGS $26.00 Recorder: HUGHLEY,CAROL State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014032440 * 2014032440