SW8060740_Historical File_20231009

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ROY COOPERit, I §(' '
Governor b ,�,`'
EI.IZABETH S.RISER.
Sew: ''
WILLIAM E. TOBY VINSON, Jr. NORTH CAROLINA
Interim Director Enyytranmentttl Quality
October 9,2023
BVC Myrtle Grove LLC
Attn:Mr.Jeffrey G. Rosenberg,CEO
176 N.Main Street, Suite 210
Florida,NY 10921
Subject: Permit Transfer under N.C.G.S. 143-214.7(c5)/Notice of Inspection
Post-Construction Stormwater Management Permit No. SW8 060740
Myrtle Grove Village Shopping Center
New Hanover County
Dear Mr.Rosenberg:
The Division of Energy,Mineral and Land Resources received a complete Permit Transfer Application on July
18,2023 requesting to transfer ownership of the subject permit under the provisions of 15A NCAC
02H.1045(1)(c)and N.C.G.S. 143-214.7(c5). Staff inspected the project on May 31,2023,with a follow-up file
review inspection on October 9,2023,reviewed the available documentation,and confirmed that the requirements
of N.C.G.S. 143-214.7(c5)have been met,including:
1. The successor-owner of the property has submitted a written request for the transfer of the permit.
Reference is made to the attached signed Permit Transfer Application form;
2. There are co-permittees on the current permit. Timothy J.Walter is the Vice-President of 701 East Bay,
Inc., and Port City Limited Partnership. 701 East Bay,Inc. is an entity that has dissolved and completed
the winding up of business and does not have a successor-in-interest. Port City Limited Partnership has
sold the property on which the permitted activity is occurring.
3. The successor-owner,BVC Myrtle Grove LLC,holds title to the property on which the permitted activity
is occurring or will occur.Reference is made to the deed recorded on September 28,2016 in DB 6005 PG
944-951 with New Hanover County.
4. The project is currently in compliance with the terms and conditions of the state stormwater permit.
By signing the Permit Transfer Application and the Operation and Maintenance Agreements you have accepted
the responsibility for complying with the terms and conditions outlined in this permit. Since the requirements of
N.C.G.S. 143-214.7(c5)have been met,permit SW8 060740 has been transferred,updated,and re-issued on
October 9,2023,as attached.
This permit remains effective until October 16,2028, and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements or design standards;it clarifies the rules and
requirements of this program to provide you with a better understanding of your obligations under this permit.
Failure to comply with these requirements will result in future compliance problems. Please note that this permit
is not transferable except after notice to and approval by the Division.
.,opor----
DE04 North Carolina Department o€Environmental Quality I Division ofEnergy,Mineral and Land sources
�'Txlmington IteglanGt Qifice 1127 Cardinal I)rive EztensWn ► V�+i6uugtor�,Nortrr Carn6na 28405
NORm ra ,NA r
avra.td o+nomo i 910.796.72t5

State Stormwater Permit No.SW8 060740
Page 2 of 2
If you have any questions concerning this permit,please contact Kelly Johnson in the Wilmington Regional
Office,at(910)796-7215 or [e-mail].
Sincerely,
f'
William E. Toby Vinson,Jr.,PE,CPM,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment C—Permitting History
copy of the Transfer Application documents including Transfer Application Form,Operation&Maintenance Agreement,
and certification
copy of the latest compliance inspection report
DES/kpj: \\\Stormwater\Permits&Projects\2006\060740 HD\2023 10 permit 060740
cc: Mr.Robert Balland,PE;Paramounte Engineering
Engineering Department,City of Wilmington
Wilmington Regional Office Stormwater File
North Carolina Department ofEnvironmental Quality I Division of Energy.Mineral and Land Resources
Vtaemngton trgional office 112T Cardinal Drive Extension.I Wilmington,Nei Carolina 2'8405
NPOtalOutEnsilanmedallp011, 910.7963215

Post Construction Stormwater Management
Permit No. SW8 060740
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
BVC Myrtle Grove LLC
Myrtle Grove Village Shopping Center
5511 Carolina Beach Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules") as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as attached
and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated, and maintained in accordance with these approved
plans and specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until October 16th, 2028, and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.5 of this permit. The subdivision is permitted for 3 outparcel lots, each allowed a maximum
built-upon area as follows: 33,715 ft2 for Outparcel A; 19,994 ft2 for Outparcel B; and 397,136 ft2 for the
Home Depot. Outparcels A and B drain to Pond#1. There is no allotment of built-upon area in DA#3
and there is no allotment of future built-upon area in either Pond#1 or Pond #2. Roadway
improvements for Piner Road consist of 60,960 square feet of built-upon area and runoff will be treated
by roadside swales.
Page 1 of 6

Post Construction Stormwater Management
Permit No. SW8 060740
3. Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
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 following design elements have been permitted for the two (2) wet detention pond stormwater
facilities, and must be provided in the systems at all times.
Design Criteria Pond #1 Pond #2
Rules Version 1995 1995
a. Drainage Area, acres: 11.07 32.23
Onsite, ft2 263,102 1,403,939
Offsite, ft2 219,107 0
b. Total Impervious Surfaces, ft2 344,690 1,065,346
(1) Buildings None 200,231
(2) Roads/Parking 40,075 545,290
(3) Other 147,799 319,825
-Home Depot 94,090 303,046
-Outparcel A 33,715 0
-Outparcel B 19,994 0
-Sidewalk 0 16,779
(4) Offsite 156,816 0
c. Design Storm, inches 1.0 1.0
d. Pond Depth, feet 7.0 6.0
e. TSS removal efficiency 90 90
f. Permanent Pool Elev., FMSL 14.0 16.6
g. Perm. Pool Surface Area, ft2 15,694 86,830
h. Permitted Storage Volume, ft3 27,727 373,178
i. Temporary Storage Elev., FMSL 15.6 20.35
j. Controlling Orifice, "0 pipe 2.0 4.0
k. Permitted Forebay Volume, ft3 12,171 119,662
I. Receiving Stream/River Basin Motts Creek/Cape Fear
m. Stream Index Number 18-82
n. Classification of Water Body C; Sw
o. Max. fountain pump HP 2 2
II. SCHEDULE OF COMPLIANCE
1_ The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built-upon area. Once the lot transfer is
complete, the built-upon area may not be revised without approval from the Division, and responsibility
for meeting the built-upon area limit is transferred to the individual property owner.
2. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA
limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board
do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
3. 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.
Page 2 of 6

Post Construction Stormwater Management
Permit No. SW8 060740
4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
5. 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.
6. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 060740MOD, as issued by the Division under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Environmental Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built-upon area is as follows: Outparcel A at 33,715 ft2; Outparcel B at 19,994 ft2;
and Home Depot at 397,136 ft2. This allotted amount includes any built-upon area constructed
within the lot property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
h. All runoff from built upon area on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street, grading the lot to
drain toward the street, or grading perimeter swales and directing them into the pond or street.
Lots that will naturally drain into the system are not required to provide these measures.
i. Built-upon area in excess of the permitted amount will require a permit modification.
7. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility.
8. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above,
the signature of the Permittee, the deed book number and page, and the stamp/signature of the
Register of Deeds.
9. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
c. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if
they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the shoreline.
f. The maximum horsepower for a fountain in this pond 1 is 2 horsepower and pond 2 is 2
horsepower.
Page 3 of 6

Post Construction Stormwater Management
Permit No. SW8 060740
10. Prior to transfer of the permit, the stormwater facilities will be inspected by division personnel. The
facility must be in compliance with all permit conditions. Any items not in compliance must be repaired
or replaced to design condition prior to the transfer. Records of maintenance activities performed to
date will be required.
11. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at design condition. The approved Operation
and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
12. Records of maintenance activities must be kept and made available upon request to authorized
personnel of division. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
13. 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.
14. 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.
15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on-site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Page 4 of 6

Post Construction Stormwater Management
Permit No. SW8 060740
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must
be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on which
the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal
proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur,
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be
conducted by Division personnel to ensure the permit conditions have been met and that the project
and the on-site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies of
modified plans and certification in writing to the Director that the changes have been made.
Page 5 of 6

Post Construction Stormwater Management
Permit No. SW8 060740
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit transferred, updated, and reissued this the 9t day of October 2023
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Weg
Wil lam E. oby Vinson, Jr., PE, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

Attachment C-Permitting History
Myrtle Grove Village Shopping Center
Permit No.SW8 060740
I
Date Permit action V ! Description off the Changes :Modified Plan iheels
High Density Subdivision Project-construction,operation and maintenance of two
wet detention ponds in compliance with the provisions of 15A NCAC 2H.1000.The
subdivision is permitted for 3 outparcel lots,Outparcel A,Outparcel B,and Home
Depot Outparcel,that are allowed 33715,19994,and 397136 square feet of built-
10/16/2006 Original 1.0 upon area,respectively. Outparcels A and B and a portion of the Home Depot C1.1,C3.0-3.2,C4.0A-
Approval Outparcel(94,090 sq ft of BUA)drain to Pond#1. The remaining portion of the B,C4.1-4.2,C8.1-8.5
Home Depot Outparcel(303,046 sq ft of BUA)drains to Pond#2. There is no
allotment for built-upon area in either Pond#1 or Pond#2 for DA#3. A separate
stormwater management permit or modification to this permit will be required for
any future development in DA#3.
High Density Subdivision Project-construction,operation and maintenance of two
wet detention ponds in compliance with the provisions of 15A NCAC 2H.1000.The
subdivision is permitted for 3 outparcel lots,Outparcel A,Outparcel B,and Home
Depot Outparcel,that are allowed 33715,19994,and 397136 square feet of built-
Major Ou
tparcels area,respectively. A and B and a portion of the Home Depot
3/19/2007 Modification 1.1 Outparcel(94,090 sq ft of BUA)drain to Pond#1. The remaining portion of the C9.7.1,C9.8.2
Home Depot Outparcel(303,046 sq ft of BUA)drains to Pond#2. There is no
allotment for built-upon area in either Pond#1 or Pond#2 for DA#3. A separate
stormwater management permit or modification to this permit will be required for
any future development in DA#3. Roadway improvements for Piner Road consist of
60,960 square feet of built-upon area and runoff will be treated by roadside swales.
1/30/2008 Major 1 2 Approved Plan Revision-. The revisions include replacement of an earthen forebay
Modification (forebay#1,pond#2)with interlocking sheet piles.
High Density Commercial Subdivision Project-construction,operation and
maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H.1000..The subdivision is permitted for 3 outparcel lots,each allowed a
Major maximum built-upon area as follows:33,715 ft2 for Outparcel A;19,994 ft2 for
1/23/2009 1.3 Outparcel B;and 397,136 ft2 for the Home Depot. Outparcels A and B drain to C4.0A,C8.4
Modification Pond#1.There is no allotment of built-upon area in DA#3 and there is no allotment
of future built-upon area in either Pond#1 or Pond#2. Roadway improvements for
Piner Road consist of 60,960 square feet of built-upon area and runoff will be treated
by roadside swales.
4/12/2023 Renewal 2.0 This permit shall be effective until October 16th,2028
10/9/2023 Transfer 2.1 The permit was transferred to BVC Myrtle Grove LLC.
Page 1of1

UbMLK USb ONLY
Date Received Fee Paid Permit Number
llbin GIs 163At4 5 ocobILib
-1k1C DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at:http://deq.nc.qov/contact/regional-office".
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: SW8 060740MOD
2. Project name: Myrtle Grove Village Shopping Center
Is this an updated project name from the current permit? ❑Yes ® No
3. Reason for the permit transfer request:
Property sold to new owner and permit is to be renewed.
ECEIVErb
JUL 18 2023 IL
BY:
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 Part F& G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners'association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent(50%)of the units or lots to owners other than
a declarant(provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act(see§47F)have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
Z 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.
RECEIVE!)
JUL 18 2023
BY:
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).
Y2. Two hard copies(with original signatures)and one electronic copy of this completed form and the
required items.
Y3. 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.
Y4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s)from the proposed permittee, as required by the permit.
X 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.
X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
I 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.
P1,R 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.
/NIJlr 10. A copy of the lease agreement if the proposed permittee is the lessee.
NI A. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
Af 12. A copy of the development agreement if the proposed permittee is the developer.
flECEIVEn
iUL 18 2023
BY:
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:
2. Signing Official's Name:
3. Signing Official's Title:
4. Mailing Address:
City: State: ZIP :
5. Street Address:
City: State: ZIP :
Phone: ( ) Email:
I, , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
El the most recent permit;
El the designer's certification for each SCM;
El 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 below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
Signature: Date:
I, , 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) flEC E 1VE
JUL 18 2023
Notary Signature: BY.
My commission expires
Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
® Property owner(Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(VOA) (Also complete Part F.)
❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F& G.)
❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F& G.)
❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F& G.)
2. Proposed permittee name(check one of the following and provide the name):
® Corporation, LLC, Partnership, Municipality name: BVC Myrtle Grove,LLC
❑ HOA/POA/UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Jeffrey G. Rosenbero
b. Signing Official's Title: CEO, Managing Member
c. Mailing Address: 176 N. Main Street, Suite 210
City: Florida State: NY ZIP : 10921
d. Street Address: 176 N. Main Street, Suite 210
City: Florida State: NY ZIP : 10921
e. Phone: [phone] Email: irosenbergc bigv.com CC: gdoburnbigv.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name: Title:
c. Mailing Address:
d. City: State: ZIP:
e. Phone: (_) Email:
ECEJVE
JUL 18 2023
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27,2018

ROPOSED PERMITTEE CERTIFICATION
I, Jeffrey G. Rosenberg , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer,the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
® the most recent permit;
® the designer's certification for each SCM;
® any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® 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 the requirements listed in the permit and in the operation and maintenance agreement.
Signature: r-a l Date: 4. ' 11. 141.5
I, ,,OIygi►Y E. P01 t rA , a Notary Public for the State of 1 A etin C4y®11n t ,
County of NI VAPklet Wel
, do hereby certify that cittfrogl ( -. ' 4 i{Off
-
personally appeared before me this the 1t day of )IA1 , 20 2s, and J
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal) CAROLINE E. DOLLARD
,1f ,^ Notary Public,North Carolina
� (r � Mecklenburg County
My Commission Expires
Notary. Signature August 14,2027
My commission exp s
flECEIFE
JUL 18 2023
BY:
Stormwater Permit Transfer Application Form Page 6 of 7 April 27,2018

G. PROPERTY OWNER INFORMATION AND CERTIF ATION
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:
I, , 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 DECEIVEL)
My commission expires_
1 8 2023
BY:
Stormwater Permit Transfer Application Form Page 7 of 7 April 27,2018

Permit No. 61,0 RU(o(-f--i
(to be provided by DWQ)
State of North Carolina ,l
Department of Environment and Natural Resources Rc N Q
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Myrtle Grove Village Shopping Center(Pond#1)
Contact Person: Robert Balland, PE Phone Number: (910 )791-6707
For projects with multiple basins, specify which basin this worksheet applies to: DA#1 & Offsite#1
elevations
Basin Bottom Elevation 7.0 ft. (floor of the basin)
Permanent Pool Elevation 14.0 ft. (elevation of the orifice)
Temporary Pool Elevation 15.6 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 15,694 sq. ft. (water surface area at the orifice elevation)
Drainage Area 11.07 ac. (on-site and off-site drainage to the basin)
Impervious Area 7.92 ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume 55,013 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 27,727 cu. ft. (volume detained above the permanent pool)
Forebay Volume 12,171 cu. ft. (approximately 20%of total volume)
Other parameters
SA/DA1 2.98 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 2.0 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall 11.07 in.
Design TSS Removal 2 90 % (minimum 85%required) EC E I f E
JUL 18 423
Fonn SWU-102 Rev 3.99 Page 1 of 4 BY:

Footnotes:
1 When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
RPB a. The permanent pool depth is between 3 and 6 feet(required minimum of 3 feet).
RPB b. The forebay volume is approximately equal to 20%of the basin volume.
RPB — c. The temporary pool controls runoff from the design storm event.
RPB d. The temporary pool draws down in 2 to 5 days.
N/A e. If required, a 30-foot vegetative filter is provided at the outlet(include non-erosive flow
calculations)
RPB f. The basin length to width ratio is greater than 3:1.
RPB g. The basin side slopes above the permanent pool are no steeper than 3:1.
RPB h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
RPB i. Vegetative cover above the permanent pool elevation is specified.
RPB j. A trash rack or similar device is provided for both the overflow and orifice.
RPB k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
RPB 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
RPB m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin,pretreatment including foreba the
vegetated filter if one is provided. C
This system (check one) 0 does 0:does not incorporate a vegetated filter at the outlet. JUL 18 2023
This system(check one) 0 does OCdoes not incorporate pretreatment other than a forebayRy.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately,re-seed as necessary to maintain good vegetative cover,mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system(i.e. catch basins,piping, swales,riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth(see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5.25 feet in the main pond,the sediment shall be removed.
When the permanent pool depth reads 5.25 feet in the forebay,the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
p Permanent Pool Elevation 14.00
Sediment Re oval El. 8.75 2 75 0
Sediment Removal Elevation 8.75 75%
Bottom Ele ation 7.00 t
% _
Bottom Elevation 7.00 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50%of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
ECEIVE
I)
Form SWIJ-102 Rev 3.99 Page 3 of 4 11 JUL 18 2023
BY: -

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name:Jeffrey G. Rosenberg
Title:CEO, Managing Member
Address: 176 N. Main Street, Suite 210, Florida, NY 10921
Phone:[phone]
Signature: 8 r\ it
Date: "F-' 11• IX
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
I, CAvv1 v e a 'poll Ant , a Notary Public for the State of N 0 v'+ti C lgiy a
County of IA- Iek-tie , do hereby certify that A-te y-t1 �
personally appeared before me this Ire% day of J t iq , 2,6 Z3 , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
r:. . CAROLINE E. DOLLARD
4. Notary Public,North Carolina
i.`' a Meckianburg County
.0.ir / My Commission Expires
August 14,2027
SEAL
My commission expires . 1' 'r 'Z.1
lJ
fiE
E1)
uI i82023
BY
Form SWU-102 Rev 3.99 Page 4 of 4

Permit No. 5.UY 00/ 14C�
(to be provided by DWQ)
State of North Carolina �oNDX
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Myrtle Grove Village Shopping Center(Pond#2)
Contact Person: Robert Balland Phone Number: (910 )791-6707
For projects with multiple basins, specify which basin this worksheet applies to: D.A. #2 & Offsite#2
elevations
Basin Bottom Elevation 9.0 ft. (floor of the basin)
Permanent Pool Elevation 16.60 ft. (elevation of the orifice)
Temporary Pool Elevation 20.35 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 86,830 sq. ft. (water surface area at the orifice elevation)
Drainage Area 42.01 ac. (on-site and off-site drainage to the basin)
Impervious Area 32.27 ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume 535,207 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 373,178 cu. ft. (volume detained above the permanent pool)
Forebay Volume 119,662 cu. ft. (approximately 20%of total volume)
Other parameters
SA/DA' 2.60 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 4.0 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall 1.0 in.
Design TSS Removal 2 90 % (minimum 85%required) ECEIVE
11 JUL 18 2023 1)
Form SWU-102 Rev 3.99 Page 1 of 4 BY:

Footnotes:
I When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR ENT manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
RPB a. The permanent pool depth is between 3 and 6 feet(required minimum of 3 feet).
RPB b. The forebay volume is approximately equal to 20%of the basin volume.
RPB c. The temporary pool controls runoff from the design storm event.
RPB d. The temporary pool draws down in 2 to 5 days.
N/A e. If required, a 30-foot vegetative filter is provided at the outlet(include non-erosive flow
calculations)
RPB f. The basin length to width ratio is greater than 3:1.
RPB g. The basin side slopes above the permanent pool are no steeper than 3:1.
RPB h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less(show detail).
RPB i. Vegetative cover above the permanent pool elevation is specified.
RPB j. A trash rack or similar device is provided for both the overflow and orifice.
RPB k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
RPB 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
RPB m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin,pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does R does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does R does not incorporate pretreatment other fqfVE
lEi
Form SWU-102 Rev 3.99 Page 2 of 4 JUL 18 202.
BY:

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion,trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover,mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system(i.e. catch basins,piping, swales,riprap, etc.)quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75%of the original design depth(see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality(i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.50 feet in the main pond,the sediment shall be removed.
When the permanent pool depth reads 4.50 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
0 Permanent Pool Elevation 15.00
10.50
Sediment Re oval El. 75 0 0 50
Sediment Removal Elevation 75%
Bottom Ele ation 9.00 % -
Bottom Elevation 9.00 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
flECEIVEfl
Form SWU-102 Rev 3.99 Page 3 of 4 JUL 1 8 2023
By.

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name:Jeffrey G. Rosenberg
Title:CEO, Managing Member
Address: 176 N. Main Street, Suite 210, Florida, NY 10921
Phone:[phone]
Signature: \C9 .
Date: '�7// OW
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
I, CQJN4\inti • )D11 Owit , a Notary Public for the State of N DY (Ay Vial
County of Mti,V4014 b ,do hereby certify that j-1Gi'freAl !yr, 1 t .evj wl
personally appeared before me this I` day of J N1 , 94n4 and acknowledge the due
execution of the forgoing wet detention basin maintenance r quirements. Witness my hand and official seal,
' ,, CA#ROLINE E. DOLLARD
..11 Notary Public,North Carolina
Mecklenburg County
*41 • 4: My Commission Expires
August 14,2027
SEAL
My commis ' n expires , 1 ti
flECEIvEfl
flJUL182o2
BY:
Form SWU-102 Rev 3.99 Page 4 of 4

BK: RB 6651 111111111111110111111111
RECORDED:D 2023017752
07-18-2023 NEW HANOVER COUNTY,NC NC FEE$26.00
10:27:26 AM MORGHAN GETTY COWNS
BY:KELLIE GILES REGISTER OF DEEDS
DEPUTY
111611 CDAMMCaL 5WW/o/115-
" C704ve/dititiqJ
feor
11) ,D gOT-11C-F1121jS
REGENE
JUL 18 2023 0
BY:

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built-upon area consistent with the design criteria used to size the stormwater control facility.
I, Jeffrey G. Rosenberg, acknowledge, affirm and agree by my signature below, that I will cause the
following deed restrictions and covenants to be recorded prior to the sale of any lot within the project
known as Myrtle Grove Village Shopping Center:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 060740MOD, as issued by the Division of Energy, Mineral
and Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
6. The maximum built-upon area per lot, in square feet, is as listed below:
Lot# BUA Lot# BUA Lot# BUA
Outparcel A 33,715 sf Outparcel B 19,994 sf Home Depot 397,136 sf
This allotted amount includes any built-upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
8. Built-upon area in excess of the permitted amount will require a permit modification.
flECEIvEr
JUL 18 2023
BY '
Form DRPC-1 Rev.2 05Nov2009 Page 1 of 2

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
Signature: t Date: 4. • I I' 9,5
I, GaN11Y tI • 1 owlAt
, a Notary Public in the
State of o I v A , County of MtLit+Oin u►
,
do hereby certify that J 'Zv t . 4,CVa k!ti� personally ppeared
before me this the Ili" day of J(A �J , 20 9-A , and acknowledge
the d ecution of the fo ing instrument. fitness my hand and official seal,
SEAL
na
asisiii
My Commission expires p,
NO SS1 4,103 AN 7.
DwrEN3')03IN n:
�C) 013nd Ahonot�.•
*) ',4O..j®Q13� %
rr . t
c CAROLINE E. DOLLARD
`.Yt : Notary Public,North Carolina
_tI5*: Mecklenburg County
L' My Commission Expires
`'"' August 14,2027
ECEIVE
JUL 18 2023
d
BY "
Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2

own.
MDRGNAN GETTY New Hanover County ,`� ���
COLLINS z - '
Register of Deeds x ,l!11 '°
Register of Deeds y .,.,���,
320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401
Telephone [phone] • Fax [phone] •sraai„ntn,'`+`"
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State of North Carolina, County of NEW HANOVER
Filed For Registration: 07/18/2023 10:27 :26 AM
Book: RB 6651 Page: 2911-2914
4 PGS $26. 00
Real Property $26.00
Recorder: KELLIE GILES flECEIVE1'
Document No: 2023017752
i
1 ,
BY —._..
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, October 9, 2023 12:52 PM
To: Robert Balland
Cc: [e-mail]; [e-mail]; Beasley, Michelle
Subject: Myrtle Grove Shopping Center- State Stormwater(SW8 060740)
Rob,
The transfer for this one will go out today. There is a pending minor modification, but a narrative was not included. Is
this re-allocating without increasing BUA to either pond? Will there be deed restriction changes to any of the three
offsite lots? If it is re-allocating I will need the new BUA numbers. The current ones are below. If there will be deed
restriction changes I will need the revised restrictions. Finally,the permit ended up vetting issued to BVC Myrtle Grove
LLC. That entity will need to be on the minor modification application. Once we get these items we can accept the
minor modification for review.
k3 „,tc, IIV - i'7 t .Dralnue,z rea 1 Drainage.A a 2 t ir°i,ar Roadway Total
Receiving Stream Name Molts Creek Motts Creek Motts Creek Motts Creek
Stream Class&index No. C;Sw C;Sw C;Sw C;Sw
Total Drainage Area(V) 482,209 1,403,939 67,954 1,954,102
On-site Drainage Area(sf) 0 0 0 0
Off-Site Drainage Area(sf) 0 0 0 0
Existing Impervious*Area(sf) 0 0 44,431 44,431
Proposed Impervious*Area(sf) 344,994 1,085,042 60 960 1,470,996
%Impervious'Area(total) 71.5% 75.9% ---89.7% 75.3%
Impe:r ouse outface Area I Drainage Area 1 Drainage Area 2 I Finer Roadway I Total
On-site Buildings sf) 0 200,231 0 20t)„231
On-site Streets(s) 0 0 0 0
On-site Parking(sf) 40,075 545 290 0 585,365
On-site Sidewalks(sf) 0 r a.j 774 0 16,779
Other on-site(st) I47,770r • 44843c,FIAGa027.742 0 450,845
Off-site(sf) 156,816 0 60,980 217,778
Total(sf): 344,694 foria 1,06564254C 60,980 1,470,996
0 Hose Pr./ 94070
op **A 33715
oP*3 farvoit 0944-
Thanks,
Kelly
1

Compliance Inspection Report
Permit: SW8060740 Effective: 04/12/23 Expiration: 10/16/28
Project: Myrtle Grove Village Shopping Center
Owner: Port City Limited Partnership
County: New Hanover Adress: 5511 Carolina Beach Rd
Region: Wilmington
City/State/Zip: Wilmington NC 28412
Contact Person:Timothy J Walter Title: Phone:[phone]
Directions to Project:
Southeast corner at Monkey Junction at the corner of Piner Road and Carolina Beach Road.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Mott Creek(Todds Creek)) (03-06-17)(C;Sw)
2-
On-Site Representative(s):
Related Permits:
SW8060741 The Home Depot-South East-The Home Depot at Myrtle Grove
Inspection Date: 10/09/2023 Entry Time 12:15PM Exit Time:12:30PM
Primary Inspector: Kelly Johnson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: I Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit: SW8060740 Owner-Project: Port City Limited Partnership
Inspection Date: 10/09/2023 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? • ❑ El ❑
Signed copy of the Engineer's certification is in the file? • ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? • ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ El
Comment: The O&M for Pond 1 and the recorded deed restrictions have been submitted since the previous
inspection.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? • ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? MI ❑ El ❑
Is the BUA(as permitted) graded such that the runoff drains to the system? • El El El
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • ❑ El ❑
Are the inlets located per the approved plans? U ❑ ❑ ❑
Are the outlet structures located per the approved plans? • ❑ El ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? • ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ El •
provided to DWQ upon request?
Comment:
page 2

POUNFE
E N G I NEEIRI N G, I N C.
July 14, 2023
Kelly Johnson
NCDEQ
127 N. Cardinal Drive Ext.,
Wilmington, NC 28405
RE: Request for Additional Information/Notice of Inspection
State Stormwater Management Permit No. SW8 060740 ECE•VF:..1
Myrtle Grove Village Shopping Center
New Hanover County JUL 18 2023 •
d
Dear Kelly, BY:
On behalf of BVC Myrtle Grove LLC, we are submitting a response to your comments
emailed 7/5/2023. Please find your comments listed below with our response provided in
bold.
1. Applicants:
A. Current Application: There are discrepancies in the current application documents.
i. Current Permittees: The current permit application has two permittees. The first
current permittee, 701 East Bay, Inc., was dissolved by the NC Secretary of State
on August 15, 2017. The second current permittee, Port City Limited Partnership,
may or may not be dissolved. It has not filed with the NC Secretary of State since
2011.
e Noted and addressed in revised application.
ii. Proposed Permittee: Big V Property Group do BVC Myrtle Grove LLC is the
proposed permittee on the application.
1. Deed: The deed recorded at BK6005/PG944-951 shows BVC Myrtle
Grove, LLC owns the land.
2. Legal Name: The legal name for`BVC Myrtle Grove" appears to be"BVC
Myrtle Grove LLC" per the NC Secretary of State. Please update the
application if this entity will continue to be involved.
3. Management: BVC Myrtle Grove LLC is not a manager of Big V Property
Group per the NC Secretary of State. It is unclear what"c/o" indicates.
• All permit applications will be revised to show BVC Myrtle Grove
LLC as the sole owner of the subject property.
B. Recommendation:
i. Regulations: There are three ways to transfer a permit in 15A NCAC 02H
.1045(1), two of which could apply here. You have indicated in Section B of the
application that both the current and proposed permittees have signed the
1 2 2 CINEMA D R I V E. WI L M I N 3 T O N , NC 2 6 4 0 3
PH : 1 9 1 0) 7 9 1 - 6 7 C 7 F A X : ( 9 1 0) 7 9 1 - 6 7 6 D

PPpNrFE
. ) N C.
application per.1045(1)(a). However, if one of the two current pennittees is
dissolved and the other does not appear to be active, you may want to transfer per
.1045(1)(c),which is the option for only the proposed permittee to sign. This
regulation references GS143-214.7(c5). Section(1) of that statute allows permit
transfer if the current permit holder is in one of four situations, two of which
(corporate dissolution and property sale) apply here. 701 East Bay, Inc. dissolved
on August 15, 2017. Port City Limited Partnership sold the property on
September 28, 2016.
• We are choosing to proceed with option 3 under Section B for only the
proposed permittee to sign.
ii. Path Forward: There are two options.
1. Option 1: If the proposed permittee is willing to accept the permit as-is
and resolve any non-compliant options upon becoming the permittee,
then:
a. Please revise Section B of the application to indicate that only the
proposed permittee has signed.
• Section B has been updated.
b. Please clarify who the proposed permittee will be. Per Section E
of the application, the proposed permittee can be the property
owner, an HOA(not applicable here), a lessee, a purchaser, or a
developer.
i. BVC Myrtle Grove,LLC owns the land. They could be the
applicant.
ii. Big V Property Group, I,LC could be the applicant if it is
the lessee, purchaser, or developer. Please clarify the
intended arrangement on the application and submit the
supporting documentation as requested in the application.
• The proposed permittee will be BVC Myrtle
Grove LLC and updated on all applications.
c. Please ensure that all the documentation is signed by a person with
signature authority per 15A NCAC 02H.1045(2)(a).
•
i. The following people have signature authority:
1. BVC Myrtle Grove LLC: Sean Glander is the only
manager. Jeffrey Rosenberg is listed as the CFO and
has signed the application form. Please either
submit documentation that the CFO is a level at least
as high as a manager or have the application
documents signed by Sean Glander EcEI,E
JUL 18 2023
1 2 2 CINEMA D R I V E, W I L M I N G T O N , NC 2 0 3
PH : ( 9 1 D) 7 9 1 - 6 7 D 7 F A X : ( 9 1 D) 7 9 1 - at 60

P4PYEE
. N C.
2. Big V Property Group LLC: Jeffrey Rosenberg is
the manager of this organization.
• All permit applications will be signed by
Jeffrey G. Rosenberg, CEO,Managing
Member.
ii. The following people have signed the forms. Please ensure
all signatures are originals as opposed to copies.
1. Application: Jeff Rosenberg
2. Operation and Maintenance Agreements per 15A
NCAC 02H.1045(2)(d):
a. Pond 1: Not submitted. Please submit this
form signed by an individual with signature
authority. The O&M for Pond 1 was included
in the Wet Pond Supplement. Please submit
the signed signature page which will be
attached to the original document as an
amendment.
• Noted.Pond 1 O&M submitted and
enclosed and signed by Jeffrey G.
Rosenberg.
b. Pond 2: Brent Hendrix signed this form.
Please either submit this form signed by an
individual with signature authority or submit a
letter from an individual with signature
authority indicating that Mr. Hendrix can sign
on their behalf.
• This form has been signed by Jeffrey
G. Rosenberg.
3. Schedule of Compliance: This will be addressed later
in this letter. If applicable, please submit this form
signed by an individual with signature authority.
• See attached document signed b Jeffrey
G. Rosenburg. ECEIVE
d. Please also check the following box in Section F. JUL 1 8 2023
® Check here if the proposed permittee agrees to be the entity responsible for addressing a y
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.
1 2 2 CINEMA D R I V E, W I L M I N G T O N , NC 2 6 4 0 3
PH : ( 9 1 O) 7 9 1 - 6 7 0 7 F A X : ( 91 0) 7 9 1 - 6 7 6 C

PAROTE
E N G I N E E R 1 N G, ( N C.
• Noted and addressed with enclosed application.
2. Option 2: Please submit documentation that both current permittees have
either been re-activated with the NC Secretary of State(for the LLC) or are
otherwise still active (for the partnership) and that Timothy Walter has
signature authority for both entities per 15A NCAC 02H .1045(2)(a).
• We are not choosing this option.
2. Easements [15A NCAC 02H.1042(2)(g)(v)-(iv), .1003(7), and .1042(2)(k)]: Please
provide the plat showing that the two ponds are located in common area or easements.
• Please find attached the recorded plat in map book 52,page 2lthat provides
easements around the existing stormwater basins. The maintenance access route
would be the existing access easement driveways within and adjacent to the
shopping center.
3. Deed Restrictions [15A NCAC 02H.1045(2)(e)]: The following deed restrictions were
submitted but do not appear to contain the statements required by Permit Section II(6).
Please submit the applicable restrictions or direct me to where these statements are
recorded:
A. BK 5106/PG1248-1293
B. BK 5285/PG2449-2466
C. BK6603/PG87-103
• Please find attached the recorded deed restrictions per the approved
permit in section 11(6).
Notice of Inspection
On May 31, 2023, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR)inspected the subject project to determine the status of compliance
with this permit, most recently issued on April 12, 2023. DEMLR file review and site
inspection revealed that the site will be in compliance when the items in this letter
addressed. Please address all items in Items#1 and#2 of this letter and either:
1. Submit the required deed restrictions. JUL 1 8 2023
• See response to item #2 below. BY
2. Update and submit the enclosed Schedule of Compliance indicating the proposed permittee
will have the ability to record deed restrictions(even though land in the subdivision has
already been sold) and will record the required restrictions upon becoming permittee.
• Please see Attachment D, Schedule of Compliance included in this submittal.
According to the attachment,deed restrictions will be recorded on or prior to
June 1,2024.
1 2 2 CINEMA D R I V E, W I L M I N G T O N , NC 2 6 4 0 3
PH : ( 9 1 D 1 7 9 1 - 6 7 0 7 F A X : ( 9 1 C 1 7 9 1 - 6 7 6 D

P
ENGINEERING. 1 N C_
Thank you for your attention to this matter. If you have any questions regarding any of this
information or require additional material, please feel free to call.
Sincerely,
Robert Balland,PE
Paramounte Engineering, Inc.
ea,!'UL1827
1 2 2 CINEMA D R I V E, W I L M I N 6 T O N , NC 2 6 4 D 3
PH : ( 9 1 D) 7 9 1 - 6 7 D 7 F A X : ( 9 1 D) 7 9 1 - 6 7 15 0

PA R
MOUN
TE Clat5L'
ENGINEERING , 1 N C. 20
23
1 2 2 CINEMA DRIVE
W I L M I N G T O N , NC 2 8 4 0 3
9 1 0 - 7 9 1 - 6 7 0 7 ( O ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F )
LETTER OF TRANSMITTAL
To: NCDEQ—Stormwater Date 7.18.2023
127 N.Cardinal Drive Ext.,
Wilmington,NC 28405 Re: The Village at Myrtle Grove Retail
SW8 060740
Attn: Michelle Beasley _ Project No. 22156.PE
'We are sending: Originals ®Prints El Shop Drawings ❑Calculations
The following items: ❑ Correspondence ® Plans El Specifications ® Other as listed below
Quantity Date Dwg.No. Description
2 State Stormwater:Permit Transfer Application Form
2 Form SWU-102 Pond#1
2 Form SWU-102 Pond#2
2 Recorded Deed Restrictions&Protective Convenances
2 Attachment D—Schedule of Compliance
1 Response Letter
1 LLC Information
1 Recorded Revised McKim and Creed Subdivision Plat
1 CD of Submittal Documents
Issue Status:I ®For Approval El As Requested ❑ Construction El Bid
El For Your Use El For Review and Comment ❑Approved as Noted ❑See Remarks
'Action Taken: El No Exceptions Taken El Make Corrections Noted ❑ Amend&Resubmit
❑ Rejected-See Remarks ❑ Approved as Submitted ❑ Other
'Remarks:
If you have any questions,please contact Rob Balland at [e-mail].
Cc Signed: . SAAARA
J ewell,0 ce Administrative Assistant

Pod lAcro ii t
0,,,o';'....------\-‘:..TZN
ROY COOPER. �i I -_
Governor r�.
ELIZABET 4 S,RISER � �1 1 `
DOUGLAS R.ANSEL NORTH CAROLINA <.`
Tierzr Director Environmental Queli y
'July 5,2023 \
Via email only: twalter(a�zpi.net
701 East Bay, Inc.and Port City Limited Partnership, current permittee
Attn: Mr. Timothy J. Walter,Vice President
210 Wingo Way
Mt.Pleasant, SC 29464
and
Via email only: irosenber> a,bipy.com&zdobun(abigv.com
Big V Property Group,LLC do BVC Myrtle Grove,LLC,proposed permittee
Attn: Mr. Jeff Rosenberg
176 N. Main Street,Suite 210
Florida,NY 10921
Subject: Request for Additional Information/Notice of Inspection
State Stormwater Management Permit No. SW8 060740
Myrtle Grove Village Shopping Center
New Hanover County
Dear Mr. Walter and Mr. Rosenberg:
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 13,2023.Please provide the
following documentation in a single,hard copy submittal package to complete the application:
1. Applicants:
a. Current Application: There are discrepancies in the current application documents.
i. Current Permittees: The current permit application has two permittees. The first
current permittee, 701 East Bay,Inc.,was dissolved by the NC Secretary of State on
August 15,2017. The second current permittee,Port City Limited Partnership, may
or may not be dissolved. It has not filed with the NC Secretary of State since 2011.
ii. Proposed Permittee: Big V Property Group do BVC Myrtle Grove LLC is the
proposed permittee on the application.
1. Deed: The deed recorded at BK6005/PG944-951 shows BVC Myrtle Grove,
LLC owns the land.
2. Legal Name: The legal name for"BVC Myrtle Grove"appears to be"BVC
Myrtle Grove LLC"per the NC Secretary of State. Please update the
application if this entity will continue to Se involved.
3. Management:BVC Myrtle Grove LLC is not a manager of Big V Property
Group per the NC Secretary of State. It is unclear what"c/o"indicates.
ANorth Carte Department ifEnhrormentar Quay i Division of Energy.Mineral and land Resources
, ,4„--D.E
Wilmington Regional Office •127 Cardinal Drive fgtensinn.I l tmingien,North Carolina AMOS
' A 9IQ.7%.72i5

State Stormwater Permit No. SW8 060740
Page 2 of 4
b. Recommendation:
i. Regulations: There are three ways to transfer a permit in 15A NCAC 02H .1045(1),
two of which could apply here. You have indicated in Section B of the application
that both the current and proposed permittees have sinned the application per
.1045(1)(a). However, if one of the two current permittees is dissolved and the other
does not appear to be active,you may want to transfer per.1045(1)(c),which is the
option for only the proposed permittee to sign. This regulation references GS143-
214.7(c5). Section(1) of that statute allows permit transfer if the current permit
holder is in one of four situations,two of which(corporate dissolution and property
sale) apply here. 701 East Bay, Inc. dissolved on August 15, 2017. Port City
Limited-Partnership sold the property on September 28, 2016.
ii. Path Forward: There are two options.
1. Option 1: If the proposed permittee is willing to accept the permit as-is and
resolve any non-compliant options upon becoming the permittee,then:
a. Please revise Section B of the application to indicate that only the
proposed permittee has signed.
b. Please clarify who the proposed permittee will be. Per Section E of
the application,the proposed permittee can be the property owner, an
HOA(not applicabl here), a lessee, a purchaser, or a developer.
i. BVC Myrtle Grove, LLC owns the land. They could be the
applicant.
ii. Big V Property Group,LLC could be the applicant if it is the
lessee,purchaser, or developer. Please clarify the intended
arrangement on the application and submit the supporting
documentation as requested in the application.
c. Please ensure that all the documentation is signed by a person with
signature authority per 15A NCAC 02H .1045(2)(a).
i. The following people have signature authority:
1. BVC Myrtle Grove LLC- Sean Glander is the only
manager. Jeffrey Rosenberg is listed as the CFO and
has signed the application form. Please either submit
documentation that the CFO is a level at least as high
as a manager or have the application documents signed
by Sean Glander.
2. Big V Property Group LLC: Jeffrey Rosenberg is the
manager of this organization.
ii. The following people have signed the forms. Please ensure
all signatures are originals as opposed to copies.
1. Application Jeff Rosenberg
2. Operation and Maintenance Agreements per 15A
NCAC 02H.1045(2)(d):
a. Pond 1• Not submitted. Please submit this
form signed by an individual with signature
authority. The O&M for Pond 1 was included
in the Wet Pond Supplement. Please submit
the signed signature page which will be
attached to the original document as an
amendment.
b. Pond 2: Brent Hendrix signed this form.
Please either submit this form sinned by an
individual with signature authority or submit a
letter from an individual with signature
authority indicating that Mr. Hendrix can sign
on their behalf.
,WE4
.;
ivot ii Carotins Department of Environmental QlJ Eta I Dlv±ston of Energy Mineral and Land Resowr ces
4'1111
nrWilmington Regional t'iffi:a i27 Cardinal Drive Extension I Wilmington.Nortl%Carolina 2$••445
m bi 4 fo"d' 91079ti 215

State Stormwater Permit No. SW8 060740
Page 3 of 4
3. Schedule of Compliance: This will be addressed later
in this letter. If applicable,please submit this form
signed by an individual with signature authority.
d. Please also check the following box in Section F.
[) Chetah here if the proposed pembttee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection import If checked the proposed perrridtee must provide a
rotten document statemen4 with a man of action and schedule'addressed to this office stating that they wN
bring the project into compliance upon receipt of the transferred permit This i wfen"plan of action and
schedule"must be received by the Division before the Division raft transfer the permit.
2. Option 2: Please submit documentation that both current permittees have
either been re-activated with the NC Secretary of State(for the LLC)or are
otherwise still active (for the partnership) and that Timothy Walter has
signature authority for both entities per 15A NCAC 02H.1045(2)(a).
2. Easements [15A NCAC 02H ,1042(2)(g)(v)-(iv), .1003(7),and .1042(2)(k)]: Please provide the
plat showing that the two ponds are located in common area or easements.
3. Deed Restrictions [15A NCAC 02H.1045(2)(e)].: The following deed restrictions were submitted
but do not appear to contain the statements required by Permit Section 11(6). Please submit the
applicable restrictions or direct me to where these statements are recorded:
a. BK 5106/PG1248-1293
b. BK 5285/PG2449-2466
c. BK6603/PG87-103
Notice of Inspection
On May 31,2023,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project to determine the status of compliance with this permit,most recently
issued on April 12,2023. DEMLR file review and site inspection revealed that the site will be in compliance
when the items in this letter are addressed. Please address all items in Items#1 and#2 of this letter and either:
1. Submit the required deed restrictions.
2. Update and submit the enclosed Schedule of Compliance indicating the proposed permittee will
have the ability to record deed restrictions(even though land in the subdivision has already been
sold)and will record the required restrictions upon becoming permittee.
All of the requested information listed above should be received in this Office by August 4,2023 in accordance
with 15A NCAC 02H.1045(4)(aXi).Please note that only two letters requesting additional information is allowed
in the State Stormwater Program, this being the,first. If the required information is not satisfactorily provided by
this date,the project will he returned in accordance with 15A NCAC 02H.1045(4)(a)(ii). 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 permittee 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.
North Carolina Department of Enwscooanentai Qualit ti ! Division of neigy,4 ineral a I'd Land kesoun.e5
44194.1.
s�"'FD. 'i+1+ilinington Regional Office ! 1L7 Cardinal Drive Extension I WihningtOn,North Carolina l84405

State Stormwater Permit No. SW8 060740
Page 4 of 4
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 [e-mail].
Sincerely,
Rae,%dtatiO0
Kelly Johnson
Environmental Engineer
Enclosure: Compliance Inspection Report
Drafted Schedule of Compliance
Previous version of the O&M,Pond 1 (Contained in the Wet Pond Supplement)
Blank Wet Pond Supplement with O&M
DES/kpj G:\\\Stormwater\Permits&Projects\2006'.060740 HD\2023 07 CEI_addinfo 060740
cc: Mr.Robert Balland,PE,via email rballand(4aramounte-eng.com
Ashley Smith,Wilmington Regional Office Permitting Assistant;via email
Wilmington Regional Office Stormwater Permit File
-, NYyarnthiin Cgata-mal mReag Diepa rit
onalmecnet o!fU Ewmnme
ardinaln tDarivt(e iEax1ittey nIs ioDniv i Wonr`lomft nEoy',Moirntehr Ca?a and nLaa ni2S4rt0es5rnrces
r ;Na
910.r96:7215

Attachment D
Schedule of Compliance
(lnscrt Proposed Permittee's Name)has applied for a
State Stormwater Permit Transfer for SW8 060740 for Myrtle Grove Village Shopping
Center. The compliance inspection by the Division of Energy, Mineral, and Land Resources
(DEMLR) on May 31, 2023 identified the following non-compliant items. As the incoming
permittee, I understand that I will be transferred a non-compliant permit, and I agree to resolve
these items to bring the project into compliance by i Iris;rt a date within one year
prior to resubmitial.)
Non-Compliant Items:
1. I have the ability to record deed restrictions (even though land in the subdivision has
already been sold) and will record the required restrictions upon becoming permittee
DATE
Sigimture Authority s Name, Title
(Permittee's Email)
(Permittee s Phone Number)

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday,July 5, 2023 11:31 AM
To: '[e-mail]'; [e-mail]'; [e-mail]
Cc: Robert Balland;Smith,Ashley M
Subject: Myrtle Grove Village Shopping Center- State Stormwater(SW8 060740)
Attachments: 2023 07 addinfo 060740.pdf; 2023 07 addinfo 060740_Pond 1 OM_Current.pdf; 2023 07
addinfo 060740_Pond 1 OM_Blank.pdf; 2023 07 Sched_Comp 060740.docx; 2023 05
CEI_BIMS 060740.pdf
All,
Attached is a pdf of the first request for additional information for the subject project. Also attached is a pdf of the
Compliance Inspection Report,as referenced in this letter. Please pay special attention to the due date in the letter,
which is August 4,2023 and in accordance with 15A NCAC 02H. 1045(4)(a)(i).As noted in the letter, if all of the
requested information cannot be provided by this due date,the application will need to be returned in accordance with
15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Kelly
Keel OhwsovL
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
1

Compliance Inspection Report
Permit: SW8060740 Effective:04/12/23 Expiration: 10/16/28
Project: Myrtle Grove Village Shopping Center
Owner: Port City Limited Partnership
County: New Hanover Adress: 5511 Carolina Beach Rd
Region: Wilmington
City/State/Zip:Wilmington NC 28412
Contact Person:Timothy J Walter Title: Phone:[phone]
Directions to Project:
Southeast corner at Monkey Junction at the corner of Piner Road and Carolina Beach Road.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Mott Creek(Todds Creek)) (03-06-17)(C;Sw)
2-
On-Site Representative(s):
Related Permits:
SW8060741 The Home Depot-South East The Home Depot at Myrtle Grove
Inspection Date: 05/31/2023 Entry Time 02:20PM Exit Time:02:35PM
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
El State Stormwater
(See attachment summary)
page 1

Permit: SW8060740 Owner-Project: Port City Limited Partnership
Inspection Date: 05/31/2023 Inspection Type Compliance Evaluation Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? • El ❑ ❑
Signed copy of the Engineer's certification is in the file? • El ❑ El
Signed copy of the Operation & Maintenance Agreement is in the file? 0 • El El
Copy of the recorded deed restrictions is in the file? ❑ • El El
Comment: The O&M for Pond 1 is needed from the proposed permittee.
Recorded deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? • El El ❑
Is the drainage area as per the permit and approved plans? • El El ❑
Is the BUA(as permitted) graded such that the runoff drains to the system? • El El El
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • El El El
Are the inlets located per the approved plans? • El El El
Are the outlet structures located per the approved plans? II ❑ ❑ El
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? • El El El
Are the SW BMP inspection and maintenance records complete and available for review or • El El El
provided to DWQ upon request?
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? El ❑ ❑
Comment:
page 2

Burd, Tina J
From: Burd, Tina J
Sent: Friday, April 14, 2023 2:33 PM
To: [e-mail];[e-mail];[e-mail]; Robert Balland
Cc: Johnson, Kelly
Subject: SW8 060740 Myrtle Grove Village Shopping Center
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted
the Stormwater Transfer Permit Application and $505.00 fee for the subject project on April 13, 2023. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed.
If you have any questions about the project or status of the review, please contact Kelly Johnson (cc'd).
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance &Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
•
Website: http://deq.nc.goviabout/divisions/energy-mineral-land-resources/stormwater
Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our
offices,as we may be able to handle your requests by phone or email.
1

' Transfer Ap.licat'• Completeness Review Checklist-Short Version
i
Permit#: lb . kt AO M . Date Delivered to WIRO: iii& Apt ir—Alit_ Ai
Project Name: A ��� / f I / ' j ►i ` S Received/Accepted Date: J� � �
Project County/Location ��, A �� (�� ifi�l' ; Given to Admin:
BIMS Acknowledged Date1: `f oc j
*Permit Expiration Date*: !Q_-/ -_ lf w/in 6 mo,STOP-needs renewal first. Exception:unly new permittee is I
submitting.Then transfer is logged in first
Proposed Permittee Signed Application? ry, N If N,it will be evaluated under GS 143-214.7(c2), which requires:
®Common Area Deed in HOA's Name
050%Sold List
Current Permittee Signed Application? 0 N If N,it will be evaluated under GS 143-214.7(c5)
Prop. ed Permittee Type&Documents Needed:
QI Property Owner(s) ®Purchaser ®Lessee DHOA 0Developer
Viable? ®Viable? ®Viable? DViable? DViable?
Deed ®PurchaseAgmt ®Lease 0Election Minutes
Not Subdivided:Deed DDeed Restrictions Recorded
®Subdivision: Common Area Deed DBUA/Lot Summary
flO&M Of HOA Signed Application)
Pap- ork
►�.application Fes''
II
►7r' 505 Fee(within 6mo) Check#(s):
(9. 1643°ren
'4 Peed Restrictions,if subdivided:
►1 PE Certification (if built or partially built) -Project Narrative ( c\a""` / �Y
I._
E sements, Recorded(2017 Rules) �'��
O Mon File(unless new one from HOA) / I
DElectranic Copies J £ , -
NOTES:
'Enter BIMS Acknowledged Date on this Sheet 1. )
EMAILED ENGINEER DATE: 4,(\ ‹—L—rmuL--ce-c
REVIEWER NAME:
117011—
G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist2021 10 05
4 41j

Book 6005 Page 944
, _74 • ' I -.k-'
► y
BK: RB 6005
PG: 944-951 NC FEE$26.00
RECORDED: 2016031399
09/28/2016 NEW HANOVER COUNTY,
REAL ESTATE
TAMMY THEUSCH BEASLEY
10:44:30 AM EXD($19000.00
REGISTER OF DEEDS
BY CAROLYN JOHNSON
DEPUTY ELECTRONICALLY RECORDED
Space Above This Line for Recorder's•Use
Prepared by:
Alison C.Templeton
Womble Carlyle Sandridge&Rice,LLP
One Wells Fargo Center,Suite 3500
301 South College Street
Charlotte,North Carolina 28202
Return To: ,i....
First American Title C
666 Third Avenues ,'`---
ip)
New York, New York 10017 ` APR1 ,
Attn: By 3 2013
No:title examination Or verification of the legal description made by thedrafman of this deed.
The property conveyed does not include the personal residence of the Grantor, .
Parcel/Tax ID 007614.001-010-000.R011616-001-012-000.AND R07614101-013r000
Exeise Tax;L I'3, OoQ ,00
STATE OF NORTH CAROLINA ) •
SPECIAL WARRANTY DEED
NEW HANOVER COUNTY )
THIS SPECIAL WARRANTY DEED, effective the day of ip1i.Irv,bit, 2016,,
by Port City Limited Partnership, a South Carolina limited partnership,whose mailing address
is 200 Wingo Way, Suite 100,Mt Pleasant,SC 29464("Grantor"),to 13VC::11 rtle Gr»ve L.LC,
a North Carolina limited liability ctmpany,..whose mailing address is 162 NOrth Mait Street, . .
Suite 5 Plorida,.New 3trsrk, 10921 ("Grantee"). The designation Grantor and Grantee, as used
harem, shall include said parties, their heirs; successors, and assigns, and shall include singular,
plural,masculine,:feminine or neuter,as required by context.
1
WCSR 37037967v2
submitted electronically by "Wyatt Early Harris Wheeler LLP"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.

Book 6005 Page 945
f
WITNESSETH:
That the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is
hereby acknowledged, has and by these presents does grant,bargain, sell and convey unto the
Grantee in fee simple,all that certain lot or parcel of land situated in New Hanover County,North
Carolina,and more particularly described as follOWs(the"Property")
See Exhibit A.attacheg hereto and incorporated by rebrence herein.
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto
belonging to the Grantee,its successors and assigns:in fee simple foreVer.
AND THE GRANTOR covenants with the Grantee, that Grantor has done nothing to
impair such title as Grantor reeeiVecl, and Grantor will warrant and'defend the title against the
lawful claims of all persons claiming by,under or through Grantor only,except for the exceptions
hereinafter stated. Title to the property hereinabove described is subject to the following
exceptions:
See Exhibit B ettadted hereto and incorporated by reference herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
2
V/CSR 37037967v2

Book 6005 Page 946
IN WITNESS WHEREOF,GRANTOR has executed this instrument as of the day and
year first above written.
GRANTOR:
Port City Limited Partnership,
a South Carolina limited partnership
By: 701 East Bray,Inc.,
a South Carolina corporation, ::.
its genera? r •
By: y •
Timothy J' after,Vice President
STATE OF SOUTH CAROLINA
COUNTY OF:CHARLEST'ON:
I I, I"11 a A ro v Aetna_ ,a Notary Public of Charleston County, State
of South Carolina, do hereby certify that Timothy J.Walter(the"Signatory"), Vice President of
701 East Bay, Inc., a South Carolina corporation and general partner of,'Port City Limited
Partnership,a South Carolina limited partnership,personally appeared before me this day andly
authority duly given, acknowledged the due execution of the foregoing instrument on behalf:of
the limited partnership. r.
I certify that the Signatory personally appeared before me this day,and
(check one of the, olllowing)
V (I have personal knowledge ofthe`identity of the Signatory);or
(l have seen satisfactory evidence of theSig a gr► s identity,by a current
state orr federal identification with the Signatory's.photograph in the form of
(check one of thee following)
a driver's license or
in the form of );or
(a erodible witness has sworn to the identity Of the Signatory)
The Signatory acknowledged to;me that he/she voluntarily signed the foregoing
instrument for the purpose stated and in the capacity indicated.
Witness my hand and official stamp or seal this IT day orf��� ' IO4;0016,
C ING:59 Yam?
aly ll •
i74/1et5 E1.14
��sttsiuttt ��Q Noc r
Print Name:
�� .P•, S0Aorkibi�j [Noce: Notary Public must sign exactli as on?loftily
$.74�, �h,•�r seal]
SEPT. :9y r�
, 24 11k:= ky,Commission Expires•
2022• .
••sD,,� °Ns* .1 `V[NOTARY SEAL] (MUST BE FULLY LEGIBLE)
�e ••;;NCA2 '•.‘i�
Weak 37037967v2

Book 6005 Page 947
EXHIBIT A
Legal Description
Being all of that certain property lying and being in or near New Hanover County,North Carolina
and more particularly described as follows:
Being all of those certain parcels of land identified as Tract D,28.555 Acres, Outparcel A, 0.746
acres and Outparcel B, 0.482 acres, as shown on a map entitled "Revised Subdivision Plat of 4
Tracts for Port City Limited Partnership" prepared by McKim & Creed dated April 26, 2007,
recorded on September 20,2007 in the Register of Deeds Office for New Hanover County,North
Carolina in MK—) Book 2 1-22,
4
WCSR 37037967v2

Book 6005 Page 948
k \-
File No.: 3020-795741NC3 Policy No.: 795741NC3
EXCEPTIONS FROM COVERAGE
1. This item has been intentionally deleted.
2. Taxes for the year 2016, which are a lien, not yet due and payable, and all
subsequent years.
3. Restriction Agreement and Grant of Easements by and between Port City Limited
Partnership, a South Carolina limited partnership and Home Depot U.S.A., Inc.,a
Delaware corporation, recorded in Book 5106, Page 1248; as amended in Book
5285, Page 2449 and as amended in Book 5766, Page 2107, New Hanover
County Registry.
4. Easements and any other facts as shown on plat recorded in Map Book 52, Page
21; Map Book 51, Page 377; Map Book 50, Page 239; Map Book 49, Page 224
and Map Book 35, Page 287, New Hanover County Registry.
5. Easement by and among Port City Limited Partnership, a South Carolina limited
partnership, Clark Stores, LLC, a North Carolina limited liability company,Joe
Eddy White,II as successor Trustee of the Janice H. White Trust u/i/d October 4,
2002 and Jed White Properties, LLC, a North Carolina limited liability company
recorded in Book 5325, Page 472, New Hanover County Registry.
6. This item has been intentionally deleted.
7. Easement to New Hanover County Water and Sewer District recorded in
Book 5297, Page 2400 and Map Book 51, Page 251, New Hanover County
Registry.
8. Terms and provisions of that certain unrecorded Lease executed by Port City
Limited Partnership,a South Carolina limited partnership to Staples The Office
Superstore East, Inc., a Delaware corporation dated February 20, 2007 as
evidenced by a Memorandum of which is recorded in Book 5168, Page 2376 and
as affected in Book 5482, Page 254, New Hanover County Registry.
9. Terms and provisions of that certain unrecorded Lease executed by Port City
Limited Partnership,a North Carolina limited partnership to Mad Mission
Investments, Inc. dated December 22, 2008 as evidenced by a Memorandum of
which is recorded in Book 5368, Page 2279, New Hanover County Registry.
10. This item has been intentionally deleted.

Book 6005 Page 949
11. Terms and provisions of that certain unrecorded Lease executed by Port City
Limited Partnership, a South Carolina limited partnership to Lazzara Pizza, Inc.,a
North Carolina corporation dated March 11, 2008 as evidenced by a
Memorandum of which is recorded in Book 5322, Page 7, New Hanover County
Registry.
12. Terms and provisions of that certain unrecorded Lease executed by Port City
Limited Partnership, a South Carolina limited partnership to The Cato
Corporation, a Delaware corporation dated October 29, 2007 as evidenced by a
Memorandum of which is recorded in Book 5347, Page 860, New Hanover
County Registry.
13. Terms, provisions, covenants,conditions, easements and restrictions as provided
in Declaration of Easements and Restrictive Covenants, recorded in Book 1490,
Page 1592 and as affected in Book 1695, Page 393 and Book 1994, page
872, New Hanover County Registry.
14. Easement to North Carolina Natural Gas Corporation, a Delaware corporation
recorded in Book 3106, Page 457, New Hanover County Registry.
15. Easement to New Hanover County Water and Sewer District, a body corporate
and politic of the State of North Carolina recorded in Book 2406, Page 908, New
Hanover County Registry.
16. Easements and any other facts as shown on plat recorded in Map Book 31, Page
345; Map Book 34, Page 37; Map Book 31, Page 316; Map Book 38, Page 328
and Map Book 31, Page 119, New Hanover County Registry.
17. Easement to Carolina Power&Light Company recorded in Book 539, Page 213;
Book 560, Page 180; Book 607, Page 444; Book 607, Page 446; Book 607, Page
448; Book 607, Page 494; Book 639, Page 149 and Book 1514, Page 198, New
Hanover County Registry.
18. This item has been intentionally deleted.
19. Agreement by and between J.D.N. Enterprises,Inc.,a Georgia
corporation and Cape Fear Utilities, Inc.,a North Carolina corporation, recorded
in Book 1478, Page 311 and Book 1478, Page 1035, New Hanover County
Registry.
20. Easement to Tide Water Power Company recorded in Book 251, Page 566, New
Hanover County Registry.
21. Driveway Easement Agreement by and between CMSW Enterprises, LLC, a North
Carolina limited liability company and JDN Realty Corporation, a Maryland
corporation, recorded in Book 2645, Page 948, New Hanover County Registry.
22. Easement Agreement by and between JDN Structured Finance I,Inc.,a
Delaware corporation and TGS&J One, Inc., a North Carolina limited liability
corporation, recorded in Book 2210, Page 933, New Hanover County Registry.

Book 6005 Page 950
23. Easement by and between JDN Realty Corporation and Carlos Lagomarsino and
Laura Lagomarsino, recorded in Book 2302, Page 127, New Hanover County
Registry.
24. Access Easement Agreement by and between JDN Realty Corporation, a
Maryland corporation and Carlos Lagomarsino and Laura Lagomarsino, husband
and wife, recorded in Book 2323, Page 789, New Hanover County Registry. •
25. Easement to TGS&J One, L.L.C., a North Carolina limited liability company
recorded in Book 2168, Page 84, New Hanover County Registry.
26. Easement to Carolina Power&Light Company recorded in Book 1156, Page 1069
and Book 1514, Page 198, New Hanover County Registry.
27. This item has been intentionally deleted.
28. This item has been intentionally deleted.
29. Restrictions as provided in North Carolina General Warranty Deed, recorded in
Book 1994, Page 872, New Hanover County Registry.
30. Easement to Tide Water Power Company recorded in Book 251, Page 567 and
Book 342, Page 536, New Hanover County Registry.
31. This item has been intentionally deleted.
32. Easement to Carolina Power&Light Company recorded Book 589, Page 117;
Book 589, Page 604 and Book 1066, Page 446, New Hanover County Registry.
33. Easement to Southern Bell Telephone and Telegraph Company recorded in Book
467, Page 392, New Hanover County Registry.
34. Easement to State Highway and Public Works Commission recorded in Book 606,
Page 611 and Book 700, page 386, New Hanover County Registry.
35. Easement to Dudley L. Rogers, Sr. recorded in Book 1058, Page 356, New
Hanover County Registry.
36. Agreement by and among William L. Hill, II, Robert P. Bender, and Frank J.
LeRay,Jr., acting as Trustees of Myrtle Grove Presbyterian Church, on behalf of
Myrtle Grove Presbyterian Church and TGS&J One, L.L.C.,a North Carolina
limited liability company, recorded in Book 1994, Page 875, New Hanover County
Registry.
37. Easement to Myrtle Grove Presbyterian Church recorded in Book 1994,
Page 868, New Hanover County Registry.
38. Easement to L.M. Roach and wife, Donna C. Roach recorded in Book 2243,
Page 416, New Hanover County Registry.

Book 6005 Page 951
39. This item has been intentionally deleted.
40. This item has been intentionally deleted.
41. Easement to Autumn Corporation recorded in Book 2495, page 474, New
Hanover County Registry.
42. Restrictions contained in that certain Declaration of Restrictive Covenants
recorded in Book 2211, page 134 and 137, New Hanover County Registry.
43. This item has been intentionally deleted.
44. Easements and restrictions contained in instruments recorded in Book 1618,
page 1144; Book 2170, page 750 and Book 2211, page 142 and 148, New
Hanover County Registry.
45. This item has been intentionally deleted.
46. Rights of others in and to the party walls, common areas and facilities.
47. Rights of parties in possession as tenants only, under unrecorded leases(s)or
rental agreement(s).
48. Any inaccuracy in the area, square footage or acreage of the Land to be insured
hereunder.
49. Any facts, rights, interests or daims that may exist or arise by reason of the
following matters disclosed by an ALTA/NSPS Land Title Survey prepared by
Partner Engineering and Science, dated July 15, 2016, last revised September
14, 2016 and designated as Project Number 16-165412.2:
a. Manholes,water meters,water valves, gas meters, gas valves, and
transformers are located on the Land.
b. Privacy fence encroaches onto the subject premises along the western
boundary line 5.1 feet.
c. Shed encroaches onto the subject premises along the western boundary line
11.5 feet.
d. Concrete encroaches onto the subject premises along the western boundary
line up to 3.7 feet.
50. Mortgage from , a limited liability company, to
, dated recorded
51. UCC Financing Statement naming , as Debtor and
,as Secured Party, dated recorded

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2007046891
;FOR REGISTRATION REGI ED'
STER OF DE
NEW HRNOVER COUNTY, NC
2007 SEP 20 04:00:14 PM
BK:52 PG:21-22 FEE:$21.00
INSTRUMENT # 2M46891
MAP INDEX
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1:1)
AMENDED LIMITED LIABILITY COMPANY ANNUAL REPORT
1/6/2022
NAME OF LIMITED LIABILITY COMPANY: BVC Myrtle Grove LLB
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 1531052 STATE OF FORMATION: NC E-Filed Annual Report
1531052
REPORT FOR THE CALENDAR YEAR: 2022 AMENDING DOC ID CA202303702431
2/6/2023 03:15
SECTION A: REGISTERED AGENTS INFORMATION Changes
1. NAME OF REGISTERED AGENT: Corporation Service Company
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
2626 Glenwood Ave Ste 550 2626 Glenwood Ave Ste 550
Raleigh, NC 27608 Wake County Raleigh,NC 27608
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Real Estate
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
176 N Main St Ste 210 176 N Main St Ste 210
Florida,NY 10921 Florida, NY 10921
6.Select one of the following if applicable.(Optional see instructions)
❑ The company is a veteran-owned small business IlLttiLpi
I I The company is a service-disabled veteran-owned small business APR 13
2023
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) 811
NAME: Sean Glander NAME: Jeffrey G Rosenberg NAME:
TITLE: Manager TITLE: Chief Executive Officer TITLE:
ADDRESS: ADDRESS: ADDRESS:
176 N Main Street Ste 210 176 N Main St Ste 210
Florida,NY 10921 Florida, NY 10921-1021
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Sean Glander 2/6/2023
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Sean Glander Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

SOSID:0804314
Date Filed: 1/4/2011 11:41:00 AM
Elaine F.Marshall
STATE OF NORTH CAROLINA North Carolina Secretary of State
DEPARTMENT OF THE SECRETARY OF STATE C201036300020
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-3I of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is:Port City Limited Partnership
Entity Type:°Corporation,(]Foreign Corporation,°Nonprofit Corporation,°Foreign Nonprofit Corporation,
❑Limited Liability Company,°Foreign Limited Liability Company['Limited Partnership,°Foreign Limited Partnership,
❑Limited Liability Partnership,❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Street:201 North Front Street
City,State,Zip Code:witmington,NC 28401 County:New Hanover
The mailing address If different from tke street address of the registered office currently on file is:
The name of the current registered agent is: Lance Agin
NEW INFORMATION
I. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street:
City,State,Zip Code:_ County:
2. The mailing address f di erent front the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed) �J
Richard Cotton /drige l,° i
Type or Print Name of New Agent *3gnature& Tule
4. The address of the entity's registered office and the address of the business office of its registered agent,as changed,
will be identical.
5. This statement will be effective upon filing,unless a date and/or time is specified:
This is the lath day of November ,2010 Port City Limited artnership ., '1 East Say,Inc,•general partner
Name
Signature
Timothy J. Waiter,Vice President
Type or Print Name and Title
Notes: Filing fee is$5.00. This document must be filed with the Secretary of State.
* lnstead of signing here,the new registered agent may sign a separate written consent to the appointment,which must be attached to this statement.
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form BE-06

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
John Gayer
701 East Bay, Inc. (0804310)
201 North Front Street, Suite 314
Wilmington, NC 28401-5094
- P� •,`,
lf 441
Or
r` �, r�, : State of North Carolina
t,x" � �;,��� - Department of the Secretary of State
���`Y�
CERTIFICATE OF REVOCATION
OF
CERTIFICATE OF AUTHORITY
I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the certificate of
authority of
}. :East Bay, Inc.
to transact business in the state of North Carolina has been revoked pursuant to the procedures set
forth in N.C.G.S. Section 55-15-31 for failure to file an annual report effective as of the date set forth
hereunder.
WA r;�.
` M„`zo,,73 ,cik. �1 This the 15th day of August,2017
ei,
1 U-- dill '';41.(c-1;"'i di.hift&J ,Toakie I
t_.(x 4 ,
.___Ik -,, ,
1 ..- ,
,` t. Y. J , , , ,,
,, .,,. �, 0 �c• ` Elaine F. Marshall
N'' ` .,, 1121,;6 Secretary of State
Document Id: C201722704482
i

' SOSID: 0804310
CD-479 ) Date Filed: 5/6!201 5 3:43:00 PM
Business Corporation Annual RI Elaine F.Marshall
10-22-13 North Carolina Secretary of State
CA2015 126 01760
Name of Business Corporation: 701 EAST BAY INC 0105'1 120 A/
Secretary of State ID: 0804310 •State of Formation: so Fiscal Year Ending: 12 31 14
0 I hereby certify that an annual report completed in its entirety has been submitted and the information requested below(required by
NCGS 55-16-22)has not changed and is therefore complete.
Section A: Registered Agent's Information
1. Name of Registered Agent:
2. Signature of the New Registered Agent:
(Signature constitutes consent to the appointment)
3. Registered Office Street Address&County 4. Registered Office Mailing Address
Section B: Principal Office Information
1. Description of Nature of Business:
2. Principal Office Phone Number: 3. Principal Office Email:
4. Principal Office Street Address& County 5. Principal Office Mailing Address
Section C: Officers (Enter additional Officers in Section E.)
Name: Name: Name:
Title: Title: Title:
Address: Address: Address:
Section D: Certification of Annual Report Section D must be completed in its entirety and signed by a person
listed under Section C, or a person signing for an entity listed under Section C.
10141/E
Signature(Form must be signed by an officer of corporation) Date
TIMOTHY J WALTER VP/SECRETARY
Print or Type Name of Officer Title

NOTICE TO REGISTERED AGENT:
Under N.C.G.S_ Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address_
John Gayer
701 East Bay, Inc. (0804310)
201 North Front Street, Suite 314
Wilmington, NC 28401-5094
ic` � � !, State of North Carolina
y ; ,���'% Department of the Secretary of State
`,`eY,�0wL.rrw
CERTIFICATE OF REVOCATION
OF
CERTIFICATE OF AUTHORITY
I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the certificate of
authority of
t- .' I_Feat Bay, Inc.
to transact business in the state of North Carolina has been revoked pursuant to the procedures set
forth in N.C.G_S. Section 55-15-31 for failure to file an annual report effective as of the date set forth
hereunder.
`�` NT �1 This the 15th day of August,2017
jot
:( ,,.. 4)i 4 --.-"Wr-_,_ t,
dilaim,...41044.41e
1�� it
1` 'V< Elaine F.Marshall
;� ` Secretary of State
Document Id: C201722704482
II