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HomeMy WebLinkAboutSW8991210_HISTORICAL FILE_20210818 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 'N 4(0 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS [�' HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2.,4 0 L � YYYYMMDD dL ROY COOPER Governor ELIZABECH S.BISER searmry BRIAN WRENN NORTH CAROLINA D6ector Em6v,,entaf QuaLty August 18, 2021 Excel Bridges Properties, LLC Attn: Zac Everhart, Member/Manager 165 Vision Drive Wilmington,NC 28403 Subject: Permit Transfer State Stormwater Management Permit No. SWS 991210 4206 Bridges Street Extension Carteret County Dear Mr.Everhart: Effective August 1,2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ)to the Division of Energy, Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are modified Please note that this updated permit now references DEMLR as the Division responsible for issuance of the permit On August 5,2009,the Governor signed Session Law 2009-406.This law impacts any development approval issued by the Division of Energy,Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes,which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any high density stormwater permit that was set to expire during this time frame up to three(3)years from its current expiration date. On August 2,2010,the Governor signed Session Law 2010- 177,which granted an extra year for an extension of up to four(4)years.Therefore,this high density permit shall now be in effect from the date of issuance until March 10,2024. On July 6, 2021,the Wilmington Regional Office received a complete request to transfer the ownership of the subject state stormwater management permit under the provisions of 15A NCAC 02H.1045(1)(a). DEMLR staff has inspected the project,reviewed the available documentation,and determined that the project is currently in compliance with the terms and conditions of the state stormwater permit.By signing the Name/Ownership Transfer form and Operation and Maintenance Agreement,you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on August 18,2021. A copy of the transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated,and re-issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit. This permit shall be effective from the date of issuance until March 10,2024,which includes all available extensions. The project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit t�may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter,attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAR). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OA14 within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center, Raleigh,NC 27699-6714,or via telephone at 919431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. "E :5 North Carolina Department of EnvironmentalQuality I Division of Energy,Nneral and land Resources Wilmington Regional Office 1 127 cards al Drive Extension I Wilmington.North Carolina 28405 910.7%.7215 ' State Stormwater Permit No.SWS 991210 Page 2 of 2 If you have any questions, need additional copies of the permit or approved plans,please contact Garrett Zorda in the Wilmington Regional Office,at(910)796-7215 or garrett.zorda@ncdenr.gov. Sincerely, Ck , '460 Brian Wrenn, Director Division of Energy,Mineral and Land Resources Enclosures: Attachment C—Permitting History copy of the Permit Transfer Application Form copy of the signed and approved Operation&Maintenance Agreement copy of the certifications copy of the latest compliance inspection report DES/gdz: \\\Stormwater\Permiu&Projects\1999\991210 HD\2021 08 permit 991210 cc: Lockwood B.Phillips,Manager,tTAC 109,LLC;previous permittee Wilmington Regional Office Stormwater File AV%—.A North Ca olina Depa vnent of Fnv ronme rta QuaGry I Division of Energy,Mineral and land Resources ro Wilmington Regional Office 1 127 Cardinal Drive Extension I Wdmington North Caroltna 28405 mw� / ' 910.796.7215 State Stormwater Management Systems Permit No. SW8 991210 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Excel Bridges Properties, LLC 4206 Bridges Street Ext. 4206 Bridges Street Ext., Morehead City, Carteret County FOR THE operation and maintenance of one wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until March 10, 2024, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The stormwater control has been designed to handle the runoff from 106,722 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated in Section 1.6 of this permit, and per approved plans. The built-upon area for the future development is limited to 42,253 square feet to include 10,019 square feet of future building and 32,234 square feet of parking. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 991210 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 4.44 Onsite, ft2: 193,406 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 106,722 Buildings 15,246 Parking/Sidewalk/Streets 49,223 Future Building 10,019 Future Parking 32,234 C. Design Storm, inches: 1 d. Pond Depth, feet: 4.5 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 5.5 g. Required Surface Area @PP, ft2: 8,445 h. Provided Surface Area @PP, ftz: 9,700 i. Required Storage Volume, ft': 8,810 j. Provided Storage Volume, ft': 13,453 i. Temporary Storage Elevation, FMSL: 8.75 j. Controlling Orifice: 2 x 1.0"0 pipe k. Permitted Forebay Volume, ft': 4,600 I. Fountain Horsepower, HP N/A M. Receiving Stream/River Basin: Peltier Creek/White Oak n. Stream Index Number: 20-36-11 o. Classification of Water Body: "SB#' II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re-vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will not be allowed in the stormwater treatment system, as the permanent pool volume is less than 30,000 cubic feet. 6. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 991210 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 10. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 11. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. At the time the permit is transferred to a new owner, the permittee shall forward the approved plans to the new owner. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 14. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to-ensure the permit conditions have been met and that the project and the on-site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 991210 III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; c. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; 2. The permittee is responsible for compliance with all permit conditions,until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal or rescission; however, these actions do not stay any permit conditions. 8. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 9. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 11. The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; Page 4 of 5 State Stormwater Management Systems Permit No. SW8 991210 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit transferred, updated and reissued this the 181" day of August 18, 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION CYt U )4, Q� Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit No. SW8 991210 Page 5 of 5 State Stormwater Management Systems Permit No. SW8 991210 Attachment C- Permitting History 4206 Bridges Street Ext. Permit No. SW8 991210 Approval Permit BIMS Description of the Changes Date Action Version 11 Original Original issuance approved 106,722 square feet of 3/10/2000 Approval 1.0 built-upon area(BUA) draining to one wet detention pond. Renewed the permit until March 10, 2020, which Renewal/ was extended to March 10, 2024 by Session Laws 8/20/2009 Transfer 2.0 2009-406 and 2010-177. This issuance also approved the transfer from Windlass ❑, LLC to ITAC 109, LLC. 8/18/2021 Transfer 2.1 Approved the transfer from ITAC 109, LLC to Excel Bridges Properties, LLC. Page 1 of 1 Opp ROY COOPER Gwvnor DI,ONNE.D_ EIlI-GATr1 seaemr' BRIAN WRENN. NORTH CAROLINA 0�eau - � ., Em4nnatoual Quadry June 24,2021 Via email only: lockwoo$&Ihenewstimes.com ITAC 109, LLC,current permittee Attn: Lockwood B. Phillips, Manager P.O. Box 1679 Morehead City, NC 28557 and Via email only: zeverharAZexcelkids.com Excel Bridges Properties, LLC, proposed permittee Attn: Zac Everhart, Member/Manager 165 Vision Drive Wilmington, NC 28403 Subject: Request for Additional Information/Notice of Inspection State Stormwater Management Permit No. SW8 991210 4206 Bridges Street Extension Carteret County Dear Mr. Lockwood and Mr. Everhart: Effective August 1, 2013,the State Stormwater program was transferred from the(now former) Division of Water Quality (DWQ)to the Division of Energy, Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR)received and accepted a signed Permit Transfer Application Form for the subject project on April 23, 2021. The current and proposed permittees have requested to transfer the permit in accordance with 15A NCAC 02H.1045(1)(a). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete and that additional information is needed. Since the transfer was submitted under NCAC 02H.1045(1)(a) and the proposed permittee did not select the option in Section F of the application form where they agree to be the entity responsible for addressing any compliance issues, the project must found be in compliance with the permit prior to approving the transfer To continue the review and processing of this transfer request, please provide the following documentation in a single, hard copy submittal package to complete the application: 1. 15A NCAC 02H.1045(2)(a)(iii) and(iv): Please confirm the addresses listed in Section D and E.3 of the application are consistent with the corporate addresses on file with the NC SOS's corporation database. Section EA of the application is intended for other related addresses and contact information. 2. 15A NCAC 02H.1045(2)(a): The signatures in Section D and Section F of the application are copies. Please provide the original signatures for Section D and Section F. 3. 15A NCAC 02H.I 045(2)(c): Section C.5 indicates that legal documentation that the property has transferred to the proposed permittee was provided, however,such documentation as not included with the submitted application package. Please provide legal documentation of the property transfer to the proposed permittee. A%Z North Ciintlm Department ofUwlro miW0 llty,IDW[UanafB.M.Wwrid azd Land Resamces WgmIngtm segwnal Off m 1127 Cardinal DrWe UmWon I Wmnbgmri Norih Ovoron 28405 State Stormwater Permit No. SW8 991210 Page 2 of 2 4. 15A NCAC 02H.1045(2)(d): Section CA of the application indicates that a signed and notarized operation and maintenance(O&M) agreement from the proposed permittee was submitted. An O&M agreement from the proposed petmittee, however, was not included with the submitted application package. Please provide a signed and notarized O&M agreement from the proposed permittee. 5. On June 17,2021,the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(DEMLR) inspected the subject project to determine the status of compliance with this permit, last issued on August 20, 2009. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection Report" summarizing the findings of the recent inspection is attached to this letter. All of the requested information listed above should be received in this Office by July 12,2021, 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 ajustification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the project, it is determined that a 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 remember that the petmittee is responsible for complying with the terms and conditions of the permit and the approved plans and specifications until the Division approves the transfer request. 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 garrett.zorda@ncdertr.gov. Sincerely,5614*�� Garrett Zorda Environmental Engineer Enclosure: Compliance Inspection Report DES/gdz: G:\\\Stormwater\Permits&Projects\1999\991210 HD\2021 06 addinfo CEI_compliant 991210 cc: Wilmington Regional Office Stormwater Permit File DE North Carolina oepartrwat of E&tonnwdal Q=tty I Division ofEr=W..parietal atd Imid Reaaacn RegWtW Office 1127 Cut0nal Mtw UmtWon I UWfthVton North Carolina 28405 - N /''� 91a7967215 Compliance Inspection Report Permit: SW8991210 Effective: 08/24/09 Expiration: 03/10/24 Project: 4206 Bridges Street Extension Owner: Itac 109 LLC County: Carteret Adress: 4206 Bridges St Ext Region: Wilmington City/State/Zip: Morehead City NC 28557 Contact Person:Lockwood B Phillips Title: Manager/Member Phone:252-726-7081 Directions to Project: Hwy 70 East to NC 24/Bridges Street Ext intersection, left on Bridges Street Ext. Cross bridge, project on left between Bridge and Friendly Road Type of Project: State Stormwater-HD-Detention Pond Drain Areas: 1 -(Peltier Creek) (03-05-03 )(SB:#) On-Site Representative(s): Related Permits: Inspection Date: 06/17/2021 Entry Time 12:40PM Exit Time: 12:50PM Primary Inspector: Creighton A Brown Phone:910-796-7215 Secondary Inspector(s): Reason for Inspection: Other Inspection Type: Transfer Renewal Permit Inspection Type: State Stonmwater Facility Status: Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) page 1 Permit: SW8991210 Owner-Project: Itac 109 LLC Inspection Date: 0 6/1 712 0 2 1 Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: The site was found to be in compliance with the permit. File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? N ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ 0 ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? E ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ IN DWQ upon request? Comment: Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment: page 2 Zorda, Garrett D From: Zorda, Garrett D Sent: Thursday, June 24, 2021 3:36 PM To: 'lockwood@thenewstimes.com'; 'zeverhart@excelkids.com' Subject: 4206 Bridges Street Extension (SW8 991210) - Request for Additional Information/Notice of Inspection Attachments: 2021 06 addinfo CEI_compliant 991210.pdf; 2021 06 CEI_BIMS 991210.pdf All, Attached is a pdf of the request for additional information and notice of inspection for the subject project.There are just a few items that need to be addressed. Also attached is a pdf of the Compliance Inspection Report, as referenced in the aforementioned letter. Please let me know if you have any questions or concerns. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwaler Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number— ga rreltzorda(a)ncd en r.g ov 127 Cardinal Drive Ext. Wilmington, NC 28405 -DECK . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t Burd, Tina J From: Burd, Tina J Sent: Tuesday, May 4, 2021 4:36 PM To: lockwood@thenewstimes.com;zeverhart@excelkids.com Subject: SW8 991210 - 4206 Bridges Street Ext. The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Transfer Application for the subject project on April 23, 2021. The project has been assigned to Garrett Zorda and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance&Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Website: http//deg.nc zov/about/divisions/energy-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COVID-tg, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please 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 Mj, � N.C. Department of Environmental Quality Wilmington Regional Office 127 Cardinal Drive. Ext. Wilmington, N.C. 28405 Subject: Stormwater permit transfer for Permit No. SW8 991210 Enclosed is information regarding the change in ownership of the property located at 4206 Bridges Street, Morehead City. With this change in ownership it is requested that the storrnwater permit regarding the existing stormwater retention pond located on this property be transferred to new owner of the property Excel Bridges Properties, LLC. Also enclosed is a process fee of$505. Please contact Lockwood Phillips by return mail or via phone at 252-723-3987 if there any questions or additional information is needed. Cordially / o�wo d Phillips Partner, ITAC 109 LLC c/o P.O. Box 1679 Morehead City, N.C. 28557 Transfer Application Completeness Review Checklist-Short'Version Permit#: I,J c� 9 9 /2 / Date Delivered to W IRO: za Project Name: 4Z D CtG cS UTZEE I E/C BIMS Received/Accepted Date: T Z,� 2D Project County/Location: Jln— ,MoeC.46Abi SLrJ BIMS Acknowledged Date': 511 02( * Permit Expriation Date*: 2 0 2 [Exception: 6 mo,STOP- needs renewal first.only new permittee is submitting. Proposed Permittee Type&Documents Needed: �' ropertyOwner(s) Purchaser Lessee �HOA Developer Viable? Viable? Viable? Viable? OViable? Deed Purchase Agmt EJ Lease Election Minutes Not Subdivided: Deed —150%Sold List I(only if HOA doesn't sign) Subdivision: Common Area Deed Common Area Deed in HOA's Name Deed Restrictions Recorded Current Permittee Signed Application? (/ V,1 N OPE Certification If not, Dissolved/No Longer Owns Y/ N [--IBUA/Lot Summary Property/Not Living 0&M (If HOA Signed Application) Proposed Permittee Signed Application? q r / N Paperwork Application i Fee: r��/� J � $505 (within 5ma) Check#(s): 08 / �t Deed Restrictions, if subdivided: EIPE Certification Project Narrative j Easements, Recorded (2017 Rules) MO&M on File (unless new one from HOA) � Electronic Copies `n,� NOTES: 'Enter BIMS Acknowledged Date on this Sheet B r,r 9 EMAILED ENGINEER DATE: WE REVIEWER NAME: n Zc T T G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_20200131 e I I i I LIMITED LIABILITY COMPANY ANNUAL REPORT lW2o Y! NAME OF LIMITED LIABILITY COMPANY: ITAC 109, LLC Ftg Office Use ONy SECRETARY OF STATE ID NUMBER: 0742533 STATE OF FORMATION: NC E-Filed Annual Report 0742533 REPORT FOR THE CALENDAR YEAR: 201 g CA 0 019011 a25 1 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Phillips, Lockwood B. 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 4206 Bridges Street 4206 Bridges Street Morehead City, NC 28557-2942 Carteret County Morehead City, NC 28557-2942 SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Carteret Publishing Company 2.PRINCIPAL OFFICE PHONE NUMBER: (252)726-7081 z 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS 4206 Bridges Street P O Box 1679 Morehead City, NC 28557-2942 Morehead City, NC 285 5 7-1 679 6. Select one of the following if applicable. (Optional see instructions) r 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: Lockwood B. Phillips NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 4206 Bridges Street Morehead City, NC 28557 SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a personfbusiness entity. Lockwood B. Phillips 4/11/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Lockwood B. Phillips Manager Pnnt or Type Name of Company Official Pnnt or Type Tdle of Company Official This Annual Report has been filed electronically. •"��y. c^ -- MAIL TO:Secretary of State. Business Registration Division,Post Office Box 29525,Raleigh,NC 27 62 6-052 50 _ API? 2 3 2021 � ` ^ ` ELP=iceV CZ, Page 46 APR 2 3 2021 Thursday,August 29,2019 1:43 PM BY: FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC Augusl23,2019 12:29:16 PM DEED # Pages:5 Fee:526.00 NC Revenue Stamp:S4,800.00 FILE# 1547157 SPECIAL WARRANTY DEED Parcel: 636616944211000 >; Revenue Stamps: $4,800.00 6 P S3 ❑ If checked.the property includes the primary residence of at least one orihe ponies -a m d a depicted as party of the first part. (N-C.Gen. Stat. 105 17:?) STATE OF NORTH CAROLINA COUNTY OF CARTERET THIS SPECIAL WARRANTY DEED.made and enteredinto this th czzay b� of August, 2019 by and between I fAC 109,LLC,party of the first 1 2ri(the address of ncc party °„ oftlta lust part is: Post Office Box 1679.Morehead Cityy\C_ 55TJ and L\CEL BRIDGES a=� A a PROPERTIES,LLC,a North Carolina limited liability company.party ul'the Neocntd part(tile d address of the party of the second part is: Post Office Box 12886,New Bern.,NC 28561). xg� R21TNESSETH : _ Tliat the parry of the first part in consideration of the sum of I'm and No,100 Dollars($10.00)and other good and valuable consideratiens paid to the petty of the first part by am A g the party of the second part, the receipt and sufficiency of which Irraby ere acknowledged,has m0 mo granted,bargained,sold and conveyed and by these presents does Brant,bat gnin,sell and c ve� `; unto the party of the second part,said party's successors Lind assigns,the following describ I ���•,., n (! AR property to wit: APk 23 2021 Prepared by Ward and Smith, P.A., 1001 College Cotnt('28561), Post Oilice Box 967, Nev Beet, NC 28563-0J{67 Please return to rcwi; ee. No opinion on title is rendered by Ward and Smith, P.A.,without a scparazcwritten opinion on title from Ward and Smith, P.A. Page 46 Thursday,August 29, 2019 1:43 PM FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NG i Augusl23,2019 12,29:16 PM DEED #Pages:5 Fee:$25.00 NC Revenue Stamp:$4,800.00 FILE# 1647157 SPECIAL WARRANT)' DEED Parcel: 636616944211000 Revenue Stamps: $4,800.00 a a �3 ❑ If checked,the property includes the primary residence or at least one orthe parties oa» m w a depicted as party of the first part. (N.C. Gen.Siat. § 105 317.2) N A STATE OF NORTH CAROLINA ox» g; COUN-1-Y OF CARTERET poi THIS SPECIAL WARPv1NTY DEED,made and entered into this llte uy Kx of August,2019 by and between ITAC 109, LLC,party of the first part(the address of the party �= of the first part is: Post Office Box 1679.Morehead City VC 29557);and EXCTiT,BRIDGES �o PROPERTIES,LLC,a North Carolina limited liability company,party ul'the second part(tire » p d adth'css of the pitriy of tlne record part is: Post Officc Box 12886,Nety 11em,NC '_8561). WTTNESSETH : »e„ Tliat the pary of the first part in considonttion of the sum of I cn and No,100 deA;a Dollars($10.00)and other good and valuable considerations paid to the pity of the first part by A the party of the second part,the receipt and suflicicncy of tt hich hereby are acknowledged, has mo �d granted,bargained,sold and conveyed and by these presents does Brant,b:ugoin,sell and convey ov unto the party of the second part,said party's successors and assigns,the following described �c n A property to wit: d3 ' R R u»i o Prepared by Ward and Smith, P.A., 1001 Collegc Court(285Q), Post Office Box 867,New-J— u Bern, NC 28563-0A67 Please return to YCwt+ee, No opinion on title is rendered by Ward and Smith, P.A.,without a separate-written opinion on title from Ward and Smith,P.A. SOSID: 1843779 Date Filed: 5/15/2019 12:54:00 PM Elaine F.Marshall State Of NoYth Carolina . North Carolina Secretary of State Department of the Secretary of State C2019 135 00469 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina,the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: Excel Bridges Properties, LLC (See Item Iof the Instructions for appropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of member,organizer or both by checking all applicable boxes.)Note: This document must be signed by all persons listed. Name Business Address Capacity Beth F.Atkins P.O.Box 975.New Bern,NC 28563 ❑Member WOrganizer []Member[]Organizer ❑Member❑Organizer 3. The name of the initial registered agent is: Kim 1 pock 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 4149 Dr M L King Jr. Blvd. CityNew Bern State:NC zip code: 28562 County: Craven 5. The mailing address,if different from the street address, of the initial registered agent office is: Number and Street P.O. BOX 12886 Cit,New Bern State:NC zip code: 28561 County: Craven 6. Principal office information: (Select either a or b.) a. ❑� The limited liability company has a principal office.The principal office telephone number: 252-288-51 81 APR 23 2021 The street address and county of the principal office of the limited liability company is: Number and Street: 4149 Dr M L King Jr. Blvd. City: New Bem State:NC Zip Code: 28562 County: Craven BUSINESS REGISTRATION DIVISION P.O.BOX 29622 Raleigh,NC 27626-0622 (Revised August.2017) Form L-01 The mailing address,if different from the street address, of the principal office of the company is: Number and Street: P.O. Box 12886 City: New Bern State: NC Zip Code: 28561 County: Oreven b. The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include(e.g.,the purpose of the entity)are attached 8. (Optional):Listing of Company Officials(See instructions on the importance of listing the company officials in the creation document. Name Title Business Address See attached for listing of company Officials - 9. (Optional):Please provide a business e-mail address: The Secretary of State's Office will a-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered,please see the instructions for this document. 10. These articles will be effective upon filing,unless a future date is specified This is the 15th day of Mgr 2019 Signature Beth F.Atkins.Org.nl r Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item#2 above. Signature Signature Type and Print Name and Title Type and Print Name and Title NOTE: 1. Filing fee is$125. This document must be filed with the Secretary of State. APR 2 3 2021 BUSINESS REGISTRATION DIVISION P.O.BOX 29622 Raleigh,NC 27626-0622 . (Revised August.2017) Form L-01 Listing of Company Officials: NAME TITLE BUSINESS ADDRESS Kimberley R. Ipock Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 John Zachary Everhart Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 Wendy T. Stallings Manager 4149 Dr M L King Jr. Blvd., New Bern, NC 28562 L. APt? 2 3 20c1 BY , -..DEMLR:USE ONLY Date Received Fee Paid Permit Number 3I #6aj SWA211-116 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items(with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at:hti tp//deo.nc.govlcontactlreQional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until. 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.);or 3. in the case where a transfer falls under G.S. 143-214,7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official(for current and proposed permittee)must meet the following: • Corporation-a principal executive officer of at least the level of vice-president; • Limited Liability Company(LLC) -the designated manager,' (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality-a ranking official or duly authorized employee; • Partnership or limited partnership-the general partner,' • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8991210 2. Project name: 4206 Bridges Street Ext. Is this an updated project name from the current permit? ❑Yes [n No 3. Reason for the permit transfer request: Conveyance of property Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Pali'F& G). In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transferis allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent(50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act(see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor-owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor-owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other(please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor-owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark'X"if previously provided, If not applicable or not available, please mark N/A.: !� 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the / required items. v 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. i, ,i gip; )' 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized j applicable 0&M agreement(s)from the proposed permittee, as required by the permit. 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. v 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been j inspected and that it has been built and maintained in accordance with the approved plans. 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has / been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. r'I 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not . builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. 9. If,transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: ITAC 109, LLC and Lockwood B, Phillips 2. Signing Official's Name: Lockwood B.Phillips and Walter D.Phillips 3. Signing Official's Title: Managers 4. Mailing Address: BO Pox 1679 City: Morehead City State: NC ZIP : 28557 5. Street Address: 5039 Executive Dr Suite 300 City: Morehead-Cif State: N(I ZIP : 28557 6. Phone:ZL2) 726-7081 Email: lockwood@thenewstimes.com Lockwood B. Phillips,individually and ITAC 109,LLC the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the properly/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as-built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named Wlow. I understand that this request to transfer the permit may not be approved by the DEM unl�sas� u t a ' y' co ance with the permit. ITAC 10 LL Signatur Y: le 0,4 Y X Ps Walter D. Phillips, M nager F kwood Whillps 4tok 9 a Notary Public for the Stale of North Carolina , County of do hereby certify that Lockwood B. Phillips,individually and as Manager of ITAC,LLC and Walter D. Phillip$$WRII %6�1TXd9fore me _,,,UWW8rJ4F day of , 20�_, and acknowledge the due OaOPPAHexPe 4f the forgoing instrument.Witness my hand and official seal, 3 p; �pTAgy •. sys "rye f AUSIA •''• ''• ? QV t�t/rt/lL t r �.• •.NI� lure: � �NN mission expires ( O Stofmwater Permit Transfer Application Form Page 4 of 7 April 27,2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee -Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) ❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F& G.) ❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) 2. Proposed permittee name (check one of the following and provide the name): El Corporation, LLC, Partnership, Municipality name: Excel Bridges Properties, LLC ❑ HOA/POA/UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Zac Everhart b. Signing Official's Title: Member/Manager c. Mailing Address: T65 Vision Drive City: Wilmington State: NC ZIP :28403 d. Street Address: Same City: State: ZIP e. Phone: (252) 288-5181 Email: zeverhart@excelkids.com Lou (asa) 671-9717 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: b. Contact Name: Title: c. Mailing Address: d. City: State: ZIP: e. Phone: Email: Stormwater Permit Transfer.Application Form Page 5 of 7 April 27, 2018 i f F. PROPOSED PERMITTEE CERTIFICATION I, Excel Bridges Properties, LkCereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer,the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater ��management system. I acknowledge and attest that I have received a copy of: (select all that apply): y3 the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas,drainage easements or plats; ❑ the approved plans and/or approved as-built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a"plan of action and schedule"addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written plan of action and schedule"must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above,and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the approved plans; and I will(construct),operate and maintain the approved stormwater management system pursuant to Eace�uI I I't inoP a 1eitsant i t&operation and maintenance agreement. Signature: By. Date: 8/22/2019 Zac-EvejdiArt, ember Manager _ I, Elizabeth A Hayden , a Notary Public for the State of North Carolina , County of Craven do hereby certify that Zac Everhart, Member/Manager t personally appeared before me this the 22nd day of August , 20 19, and acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, (Notary Seal) Notary Signature rM& 04 My commission expires ELIZABETH A. HAYDEN Notary Public, North Carolina Craven County My Commission Expires October 27,2022 Stormwater Permit Transfer Application Form Page 6 of 7 April 27.2018 I G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP Phone: Email: I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. - Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Scott, Georgette From: Beth F. Atkins <BAtkins@hsfh.com> Sent: Wednesday, July 03, 2019 10:39 AM To: Scott, Georgette Subject: RE: [External] SW8991210 a External emad Do not clack links,6ry00667attachmentsunlOs you verify Send all�susptcious email as an attachment fog,,• Thank you Georgette. The permittee has not changed, but may change soon as the property is under contract for sale. We will be in touch regarding transfer if the sale goes through. Beth Atkins Beth F. Atkins Howard, Stallings, From, Atkins, Angell &Davis, P.A. 2918 Trent Road, New Bern, NC 28562 P.O. Box 975, New Bern, NC 28563 Phone: (252) 633-3006 1 Fax: (252) 633-3097 Email: BAtkins@hsfh.com [ www.howardstallings.cont HOWARD.STALLIN0. FROM,ATKINS, ANGELL& DAVIS,P.A. AIIORIIFYS At LAW NOTICE: Before sending any wire to our firm,call our office to verify the instructions using contact information that you verify from an independent source,such as the internet. We will not change wiring instructions. If you thereafter receive wiring instructions for a different bank,branch location,account name or account number, they should be presumed to be fraudulent. Do not send any funds and contact our office immediately. Failure to follow this procedure endangers your funds. IRS CIRCULAR 230 NOTICE:To ensure compliance with requirements imposed by the IRS,we inform you that any U.S.Cris advice contained in this communication(or in any attachment)is not intended or written to be used,and cannot be used, for the purpose of(i) avoiding penalties under the Internal Revenue Code or(ii) promoting,marketing or recommending to another party any transaction or matter addressed in this communication(or in any attachment) This Electronic Message contains information from the law firm of Howard,Stallings,From,Atkins,Angell &Davis,P.A.The information is intended for the use of the addressee only.If you are not the addressee,note that any disclosure,copy,distribution or use of the contents of this message is prohibited. From: Scott, Georgette [mailto:georgette.scott@ncdenr.gov] Sent: Wednesday,July 3, 2019 9:45 AM To: Beth F. Atkins<BAtkins@hsfh.com> Cc: McCoy, Suzanne <suzanne.mccoy@ncdenr.gov> Subject: RE: [External] SW8991210 f C Scott, Georgette From: Scott, Georgette Sent: Wednesday, July 03, 2019 9:45 AM To: 'Beth F. Atkins' Cc: McCoy, Suzanne Subject: RE: [External] SW8991210 Attachments: 2009 08 permit 991210.docx Ms. Atkins, Attached is a copy of the most recent permit. The permit shows the expiration date for renewal as March 10, 2020. However, an extension was given to all permits when the Governor, Bev Purdue, was in office. So this permit is now due for renewal March 10, 2024. There are no recent inspections in the file showing the site is out of compliance. The Permittee listed on the attached permit provided a PE certification for the pond and it is in the file. IF the permittee listed on the permit has changed then the only thing that would be required at this time would be a transfer to the newest owner of the property. If the current permittee is still the owner than nothing is required for this permit until 2024 when the permit will have to be renewed. I copy of this email will be in the file. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax(910) 350-2004 Georgette.ScottCaD ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 ICNothing Compares..—,.,_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Scott, Georgette Sent: Wednesday,July 03, 2019 9:18 AM To: Beth F.Atkins <BAtkins@hsfh.com> Cc: McCoy, Suzanne <suzanne.mccoy@ncdenr.gov> Subject: RE: [External] SW8991210 Ms. Atkins, Our permit files are not available yet via the web. However, you can come and make an appointment to review the file if you wish. Or if all you need is a copy of the permit I can send that to you. Let me know. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax(910) 350-2004 t Georgette.Scott(@ ncden r.gov 127 Cardinal Drive Ext. l Wilmington, NC 28405 !"Nothing Compares ._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: McCoy, Suzanne Sent: Wednesday, July 03, 2019 7:36 AM To: Beth F. Atkins <BAtkins@hsfh.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE: [External] SW8991210 Good morning Ms. Atkins. I have forwarded your email to the Wilmington regional office's Stormwater Program Supervisor Georgette Scott 910- 796-7339 georgette.scott@ncdenr.gov Sincerely, Suzanne McCoy Stormwater Program Administrative Specialist Division of Energy, Mineral and Land Resources Department of Environmental Quality 512 N. Salisbury Street, Office 640K, Raleigh, NC 27604 1612 Mail Service Center, Raleigh, NC 27699-1612 919-707-3640 Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater rxuxn+Cnrrp:xn����� 5 �� Dc0.YiA�i,t d9 4nvMo�mCAifal b+>fi� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Before printing this email, please consider your budget and the environment. From: Beth F. Atkins [mailto:BAtkins@hsfh.com] Sent:Tuesday,July 2, 2019 4:08 PM To: McCoy, Suzanne <suzanne.mccov@ncdenr.gov> Subject: [External] SW8991210 fl External email. Do not dick links or open attachments unless you verify:Send all suspruous email as an attachment fd >. . ._ _ re oils am nc. ov' 2 Ms. McCoy, I was trying to view the file on the above-referenced stormwater permit. I found certain SW permit files on your website on a link which stated that some of the files were now available there and rest would be available there by end of 2019.This particular permit was not on that list of available files. Is there any other location online where I can find information on the above-referenced stormwater permit such as whether there are any violations cited upon inspections, etc.? Thank you, Beth Atkins Beth F. Atkins Howard, Stallings, From, Atkins, Angell & Davis, P.A. 2918 Trent Road, New Bern, NC 28562 P.O. Box 975, New Bern, NC 28563 Phone: (252) 633-3006 1 Fax: (252) 633-3097 Email: BAtkins@hsfh.com I www.howardstallings.com I HOWARD.STALUNGS. FROM,ATKINS. ANGELL&DAVIS.P.A. 11109tHYS Al 1AW NOTICE: Before sending any wire to our firm,call our office to verify the instructions using contact information that you verify from an independent source,such as the internet, We will not change wiring instructions. 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