HomeMy WebLinkAboutSW8070653_Historical File_20141007 AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
October 7, 2014
Jack Carlisle, Member-Manager
Hoosier Daddy, LLC
6025 Tarin Road
Wilmington, NC 28409
Subject: Stormwater Permit No. SW8 070653
Permit Transfer/SL 2013-121
Oyster Landing
Onslow County
Dear Mr. Carlisle:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ)to the Division of Energy, Mineral and Land Resources.(DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that the attached updated permit will now reference DEMLR as the Division
responsible for issuance of the permit.
On September 19, 2014, the Wilmington Regional Office received a request to transfer ownership of
the subject state stormwater management permit under the requirements of Session Law 2013-121.
Staff of DEMLR have inspected the project and reviewed the available documentation, and determined
that the project is currently not in compliance with the terms and conditions of the state stormwater
permit. As listed in the inspection report, the following deficiencies must be addressed:
1. Provide documentation that no lot has exceeded the permitted maximum BUA limit fo 4006
square feet.
2. Submit a plan revision to document the layout change for Lots 471, 472, 473 and 474.
3. Account for the BUA additions due to the addition of Lanyard Road and the expansion of the
entrance road off of NC 172.
4. Submit a copy of the recorded deed restrictions prior to selling any more lots.
5. Perform the maintenance on those swales that front an undeveloped lot.
By signing the Name/Ownership Change Form, and acknowledging receipt of a copy of the permit, you
have accepted the responsibility for complying with the terms and conditions outlined in this permit,
including the correction of the deficiencies outlined in the inspection report.
The Division has determined that the provisions of SL 2013-121 have been met as indicated by the
supporting documents and findings listed below:
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 Name/Ownership Change Form;
2. The original permit holder, Jon Vincent, Oyster Landing, LLC, was lawfully and finally divested
of title to the property on which the permitted activity is occurring. Reference is made to File
#12SP-1048 filed in Onslow County,
3. The successor-owner holds title to the property on which the permitted activity is occurring.
Reference is made to DB 4139 PG 72-79, recorded on April 14, 2014.
4. The successor owner has not proposed any substantial changes to the permitted activity.
5. The updated permit does not impose new or different terms—it merely restates some of the
previous terms to provide you with a better understanding of your obligations under the permit.
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405•(910)796-7215/Fax:(910)350-2004
State Stormwater Management Systems
Permit Number SW8 070653
The Division is hereby notifying you that the subject permit has been transferred effective October
7, 2014, per the requirements of SL 2013-121. For your records, please find enclosed a copy of
the updated permit, a copy of the inspection report, and a copy of the signed Name/Ownership
Change form. Please keep this permit on file at all times. Please be aware that the project's built-
upon area and stormwater controls must be built and maintained in compliance with the permit
documents and the approved plans. Maintenance of the approved system shall be performed in
accordance with the signed Operation and Maintenance agreement. Any future modifications to
this project must be submitted to DEMLR and approved prior to construction. The issuance of this
approval does not preclude you from complying with all other applicable statutes, rules,
regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a
permit or approval prior to construction.
If you have any questions concerning the requirements of the permit or need additional copies of
the permit or the approved plans, please do not hesitate to call Linda Lewis with DEMLR in the
Wilmington Regional Office at (910) 796-7215.ASin rely,
,ea 0s
,..Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/arl: S:1WQS1Stormwater\Permits&Projects120071070653 LD1201410 permit 070653
cc: Jon Vincent, Oyster Landing, LLC
Mark Hargrove, P.E.
Wilmington Regional Office Stormwater File
Page 2 of 7
State Stormwater Management Systems
Permit Number SW8 070653
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
Hoosier Daddy, LLC
Oyster Landing
S.R. 1518 and NC 172, Folkstone, Onslow County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by the Division and considered
a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 474 lots is limited to a maximum of 4,006 square feet of built-upon
area, as indicated in the approved plans. CAMA regulations may reduce the
allowable built-upon area for those lots within the AEC.
2. The overall tract built-upon area percentage for the project may not exceed 25%
per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. The project covered by this permit will provide and maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such
as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules
and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 3 of 7
State Stormwater Management Systems
Permit Number SW8 070653
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of any
built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary
to operate the permitted stormwater management systems at optimum efficiency to
include:
a. Inspections
b. Sediment removal.
c. Mowing, and re-vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built-upon area, details,
etc.
b. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
c. Further subdivision, acquisition, or selling of the project area, in whole or in
part.
d. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed
under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must
follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
9. The permittee is responsible for verifying that the proposed amount of built-upon
area for each proposed lot does not exceed the maximum allowed under the
permit. The built-upon area may not be increased or decreased without approval
from the Division. The plans reviewed must show all of the proposed built-upon
area (BUA).
Page 4 of 7
State Stormwater Management Systems
Permit Number SW8 070653
10. Any lot plan approvals given by the permittee must be in writing and in accordance
with the requirements of this permit. The permittee is expected to monitor the lots
on a routine basis to ensure long-term compliance with the permit. Any approvals
given by the permittee do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications. Any
deviation from the approved plans must be noted on the Certification.
12. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 070653, as issued by
the Division of Energy, Mineral and Land Resources 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.
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 per lot is 4,006 square feet. 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, and coquina, but
does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built-upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
13. The permittee shall submit a copy of the recorded deed restrictions within 30 days
of the date of recording.
Page 5 of 7
State Stormwater Management Systems
Permit Number SW8 070653
14. 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.
15. All stormwater conveyances will be located in either dedicated rights-of-way (public
or private), recorded common areas or recorded drainage easements. The final
plats for the project will be recorded showing all such required rights-of-way,
common areas and easements, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Any person or entity found to be in noncompliance with the provisions of a
stormwater management permit or the stormwater rules, is subject to enforcement
action in accordance with North Carolina General Statute 143, Article 21.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re-issuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation as
listed on the form, to the Division of Energy, Mineral and Land Resources at least
60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions;
b. The conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure;
e. Dissolution of the partnership or corporate entity;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third parties
by the permittee where the required documentation has not been submitted to and
approved by the Division does not relieve the permittee of responsibility for
transferring the permit.
Page 6 of 7
State Stormwater Management Systems
Permit Number SW8 070653
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction. If any
of those permits result in revisions to the plans, a permit modification must be
submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management system
and its components.
Permit transferred, updated and reissued this the 7th day of October, 2014.
NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-,1-644 -F _51 ,21--14
04 Tracy DeOis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 7
Lewis,Linda
From: Stephani Garrett <sgarrett@jtvmgt.com>
Sent: Tuesday, September 16, 2014 10:46 AM
To: Lewis,Linda;Jon Vincent(jvincent@jtvmgt.com)
Cc: Mark Hargrove - Road Runner;Adam Nicholas
Subject: RE:Oyster Landing SW8 070653
Importance: High
Linda,
I speaking with Jon and Oyster Landing, LLC's bankruptcy attorney,Jon is not willing to transfer this permit until the
bankruptcy is released.This permit is an asset of Oyster Landing. Jon offered to transfer all entitlements on the project
to the company that purchased it at bankruptcy but the gentleman would not agree.Jon's attorney states that these
items did not transfer at foreclosure and therefore should remain in his and Oyster Landing, LLC's name for the time
being.
Please feel free to contact our office if you should have any questions. I have informed Mark Hargrove of the
same. Thank you.
Stephani L. Garrett
Jon T. Vincent, CPA, P.C.
1015 Ashes Drive, Ste. 202
Wilmington, NC 28405
910-256-0101 Ext. 11
From: Lewis,Linda [mailto:linda.lewisCtncdenr.gov]
Sent: Friday, September 12, 2014 12:12 PM
To: Jon Vincent(jvincent( jtvmgt.com); Stephani Garrett
Cc: Mark Hargrove - Road Runner
Subject: Oyster Landing SW8 070653
Stephani:
I received a request to transfer the subject permit,which is currently listed as belonging to Mr.Vincent.The cover letter
indicates that the new owner obtained the property via foreclosure in April of this year, but was not able to obtain Mr.
Vincent's signature on the transfer form. Can we make some kind of arrangements for Mr.Vincent to stop by and sign
this form?
Thanks.
Linda Lewis
Environmental Engineer Ill
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office-910-796-7215
Direct Line-910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
1
iuernpeeteroess ntevieeAr a.necnaisa
Project Name: c) sEcr (5,10
,da LI . Received Date: ?2. ?...all
•Project Location: "g;i4 .c) , Accepted Date: pp i t. s,.ccrr
Rule(s) 02008 Coastal 01995 Coastal ®Phase II (WiRO ) Universal 01988 Coastal
Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): O? 6(.5'3 riPE Cert on File?
Density: --HD ..or........_:-LD--:-Type:.--Commercial=—o.F=-=-Residential- . .- -
%: _ I(%OK•?) I,Stream Class: ®SA Map EOffsite to SW8
Subdivided?: Subdivision or Single Lot 11ORW Map nExempt
Paperwork Emailed Engineer on:
®Supplement(s)(1 original per BMP) BMP Type(s):
®O&M with correct/original signatures(1 original per BMP except LS/VFS and swales)
Application with correct/original signatures eed
rp or LLC: Sig.Auth. per SoS or letter EllEmail Address: Design Engineer
$505 (within 6mo) � ®Email Address: Owner
i Soils Report with SHWT - ewer:
L�J 1I
: �
Calculations(signed/sealed] bs a
t tl
DjNo obvious errors -- K7)14
Density includes common areas,etc R-A-7
—� .ed Restrictions, if subdivided: �����` ..... 1
r1Signed&Notarized PObU '-"`+ /Oh 3 ei. ""-;
(Correct Template(Comm/Res&HD/LD) or Dec.Covenants&Rest. SYit 'WE. 1--4--,•-f(
Plans
02 Sets Details(roads, cul-de-sacs,curbs,sidewalks, BMPs,Buildings,etc)
Grading Owetlands: Delineated or No Wetlands
IVicdnity Map Layout(proposed BUA dimensions)
;■;Legend EiDA Maps Project Boundaries
Infiltration Wet Pond Offsite _
Soils Report Soils ReportaPE Cert for Master Lot it:
r W�SHT: EISHWT: Deed Rest for Master Lot#Matches Master
Bottom: PP: BUA Permitted(Master): sf
Visited: BUA Proposed(Offsite): sf
Additional Information:
Permitted Proposed: Proposed: Proposed:
BUA(sf)
DA(sf) .
PP(el)
SHWT(el) .
Depth(ft)
SA(sf)
•
SOSID:1352669
Date Filed:12/17/2013 9:50:00 AM
Elaine F.Marshall
North Carolina Secretary of State
State of North Carolina C2013 336 00293
Department of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to§570.7.04 of the General Statutes of North Carolina,the undersigned limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina,and for that purpose submits the following:
I. The name of the limited liability company is HOOSIER DADDY,LLC •
and if the limited liability company name is unavailable for use in the State of North Carolina,the nameihe limited
ME NOT
liability company wishes to use is ^ y I, `■ k. orneE
2. The state or country under whose laws the limited liability company was formed is: SOUTH CAROLINA
3. The date of formation was 9-15-2009 ;its period of duration is: (3$
4. Principal office information: (Select either a or b.)
a. ID The limited liability company has.a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 6025 TARN RD.
City,State,Zip Code WILMINGTON. NC 28409 County NEW HANOVER
The mailing address,If different front the street address,of the principal office of the corporation is:
b. ❑The limited liability company does not have a principal office.
5. The street address and county of the registered office in the State of North Carolina is:
Number and street 6025 TARN RD.
city,Stec zip Code WILMINGTON,NC 28409 County NEW HANOVER
6. The mailing address,if different frame the street address,of the registered office in the State oflr'orth Carolina is:
7. The name of the registered agent in the State of North Carolina is:LISA BEAMAN
flECEIVE
AUG 2 2 2014
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 2762 22
BY:
(Revised January 2002) arm L-09)
APPLICATION FOR CERTIFICATE OF AUTHORUTY
Page 2
8. The names,titles,and usual business addresses ogthe current managers of the limited liability company are:
(use attachment if necessary)
MUM Business Address
JACK CARLISLE 109 WILLESDEN DR. CARY, NC 27513
LISA $C4rv+Gt.n, {D 025 lri pi Rd. W ivn i 'Wulff
me. a
9. Attached is a certificate of existence(or document of similar import),duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. Thp Certificate ofExistence most be
}pgs than six months old. A nhoteeonv of ths_eartifieadon cannot be accented.
10. If the limited liability company is required to use a fictitious name in order to transact business in this State,a copy of the
resolution of its managers adopting the fictitious name is attached.
11.This application will be effective upon filing,unless a delayed date endlor time is specified:
This the 13 day of NOVEMBER ,2013
HOOSIER DADDY LLC
/Q4ili,
N.r,.r of Limited Liability Company
Signature ofManager
LISA BEAMAN
Type or Print Name
Notes:
1. Filing fee is S250. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
(Revised January 2002) (Form L-09)
;ilr1';c1; li I , 1 li 1Id1,1 A tliili%1, 1';i1.,I' li.1i l'E1,-C liil Ili-Tl,il, Ll il,Wtl it l 1,-1 ulfil (1, 1 A)
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The State ofSouth Carolina ____
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3
Office of Secretary of State Mark Hammond ]
�_,
-1
Certificate of Existence 1
�1
I, Mark Hammond, Secretary of State of South Carolina Hereby certify that: -1
HOOSIER DADDY, LLC, A Limited Liability Company duly organized under the --~1
laws of the State of South Carolina on September 15th, 2009, with a duration that =I
1
is at will, has as of this date filed all reports due this office, paid all fees, taxes - 1
and penalties owed to the Secretary of State, that the Secretary of State has not _I
mailed notice to the company that it is subject to being dissolved by ->,
, �1
administrative action pursuant to section 33-44-809 of the South Carolina Code, 1
-� and that the company has not filed articles of termination as of the date hereof. ,=4
H r 1
--
-
, ,, I
l
1
Given under my Hand and the Great 1
Seal of the State of South Carolina this
18th day of November, 2013. -1
3
Mark Hammon ,Secretary of State - `'`3
— CfAh
;,H i 1 : 1.. 1':T": 1''I';I I''Uri , T; ' 1;' 1 'rr! Ii1 ,211 T, rj;Sj, T IT, T'rT;< <,ij,`TliT-'' T-- 1i 1-,1 "T"I— 1 :1, 1- -1
PORT CITY CONSULTING ENGINEERS, PLLC LOVER OP c U KISGRIVVAd
6216 STONEBRIDGE ROAD DATE 8/22/14 JOB NO.
WILMINGTON, NORTH CAROLINA, ATTENTION
28409 PHONE#
(910)599-1744 RE: Oyster Landing Subdivision
Name/Ownership Change Request
TO: NCDENR — -- „ E 4✓ i�i ,
Division of Water Quality - L)
127 Cardinal Drive Extension AUG 10
?2 14
Wilmington, NC 28405
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover the following items:
❑Shop Drawings ❑ Prints ❑ Plans ❑ Samples El Specifications
❑ Copy of Letter El Change order ❑ Diskette ❑ _
COPIES DATE NO. DESCRIPTION
1 Name/Ownership Change Form
1 Copy of the Deed
1 NC Secretary of State Documentation
1 $40 check for Processing Fee
THESE ARE TRANSMITTED as checked below:
❑ copies for
Ei For approval ❑ Approved as submitted Resubmit approval
copies for
❑ For your use ❑Approved as noted ❑Submit distribution
❑As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and
comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS: This property was acquired through bankruptcy. Therefore, we were not
able to obtain the previous owner's signature.
COPY TO: File 1 AUG 2 2 2014 SIGNED: MT(
V
BY:
If enclosures are not as noted,kindly notify us at once.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION 11
1. Stormwater Management Permit Number:?I.°QCQ 5e P GtiiO,cej
2. Project Name: \me_ seee, �-�-o,�L�.el
3. Current Permit Holder's Company Name/Organization: '1•e_o,S2 S-e e, Gt��iiae(,.aG1
4.Signing Official's Name: 11\ . \trl L 2v�11
1' Title: ilia I Pf-e.sC4r,41
5. Mailing Address: IS OR C.t.Irtt2 l;k3o2
City: VI: iv1iet State: C.
Zip: Z1c403
6. Phone: (l I O ) iSCi-hl Cal Fax: ( w(
II. PROPOSED PERMITTEE/OWNER/PROJECT/ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
El Qbange in ownership of the property/company(Please complete Items 1, 2, 3, and 4 below)
W/Mailing address/phone number change. (Please complete Item 4 below)
El Other(please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name:
3. Proposed permittee's title:
4. Mailing Address: I OlS A4 DAvZ.13c.. ZoZ_
City:,1 in/1,va n State: t Zip: 7 S 4C S
Phone: (g t c ) Z(p_u 101 Fax: ( )
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in#1 above and provide name of HOA/POA's authorized representative in#2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
0 Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
rjr.E.Ls itaZe v
SSW N/O Change Rev24Sept2012 Page 1 of 4 11 APR 2 8 2 14
BY:
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form.'This certification must be completed and signed by both.the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4.The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6.The$40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the$40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
Beck here if the current permittee iskonlY changing hisper/its name, the project name, or mailing
address, but will retain the permit. I, Jove"T r‘c,yli , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, , the current permittee, am submitting this application
for a transfer of ownership for permit# . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit,the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this ap a lication for a name/ownership change is accurate and complete to the best
of my knowledge. I under tand that if all required parts of this application are not completed or if all
required supporting infor ation and attachments listed above are not included, this application
package will be returned •s incomplete. I assign all rights and obligations as permittee to the
proposed permittee name' in Sections 1 and V of this form. I understand that this transfer of
ownership can •t be appr•ved by the WQ unless and until the facility is in compliance with the
permit.
Signature: i�'� ` Date: - -�
I, `,1rj'01/4 • +v,(V - 15 , a Notary Public for the State of
r�i"- tA. 0h% , County of c, L1 yE Q, do hereby certify that
""'' , ' personally appeared before me this the
-mil It'1'%- day of Ps Q vo,L , 201 LI. , and acknowledge th a t`wdtfecthe
•rg- ' instrume Witness hand and
official seal, �'•'(ftilo1ary Seal) . �=: ` 1.
ota Signa�ui'e•- Y r
SSW N/O Change Rev24Sept2012 Page 2 of 4 ,, / ��, (_ , •
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North Carolina Secretary of State Page 1 of 1
;\-, North Carolina
' . • ii, Elaine F. Marshall DEPARTMENT OF THE
\k f r'•
;r Secretary SECRETARY OF STATE
"� PO Box 29622 Raleigh,NC 27626-0622 (919)607-2000
Account Login Register
Date: 10/1/2013
Click here to:
View Document Filings I File an Annual Report
IPrint a Pre-populated Annual Report Fillable PDF Form I Amend A Previous Annual Report
Corporation Names
Name Name Type
NC OYSTER LANDING, LLC LEGAL
Limited Liability Company Information
SOSID: 0907851
Status: Current-Active
Effective Date: 3/8/2007
Citizenship: DOMESTIC
State of Inc.: NC
Duration: PERPETUAL
Annual Report Status: CURRENT
Registered Agent
Agent Name: VINCENT,JON T.
Office Address: 1508 MILITARY CUTOFF ROAD, STE. 302
WILMINGTON NC 28403
Mailing Address: 1508 MILITARY CUTOFF ROAD, STE.302
WILMINGTON NC 28403
Principal Office
Office Address: 1508 MILITARY CUTOFF ROAD, STE. 302
WILMINGTON NC 28403
Mailing Address: 1508 MILITARY CUTOFF ROAD, STE.302
WILMINGTON NC 28403
Officers
Title: MANAGER
Name: JON T.VINCENT
Business Address: 1508 MILITARY CUTOFF ROAD,STE.302
WILMINGTON NC 28403
Title: MEMBER
Name: BHBS
Business Address: 1508 MILITARY CUTOFF ROAD,STE.302
WILMINGTON NC 28403
This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version:
1683
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitenild=8158056 10/1/2013
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, October 01, 2013 9:05 AM
To: Chris Hiler(usmcdiablo@hotmail.com)
Subject: Oyster Landing Stormwater Permit
Attachments: 2007 10 permit 070653.pdf
Mr. Hiler:
As per our conversation yesterday, please find attached a copy.of the Oyster Landing stormwater permit. The
restrictions which maintain the entire development consistent with the low density option, including the
maximum allowed built-upon area, limitations on piping, and a few others, are listed in Section II, Schedule of
Compliance, Condition #11. These conditions apply to every lot, not just yours.
The permittee, Jon Vincent, Oyster Landing, LLC, is not dissolved, but they have not yet filed their 2013 annual
report with the NC Secretary of State. I will shortly send out a letter asking the permittee to submit a copy of
the recorded deed restrictions and inquiring about the status of the LLC. If you find a copy of the recorded
restrictions in your paperwork, please let me know the deed book and page number. You may want to contact
your closing attorney to ask whether the property was made subject to any recorded covenants and
restrictions.
Thank you. If you have any questions, please don't hesitate to call or email and I'll do what I can to assist.
Linda
I.
V
c
° U
ki
n A \-. .-
, , , ,
A., --,4,.. 1 A
1 rN ._. S
Fw: Oyster Landing
Subject: Fw: Oyster Landing
From: MIchael Gallant<gallantmc@yahoo.com>
Date: Thu, 20 Mar 2008 10:38:21 -0700 (PDT)
To: Cameron Weaver<Cameron.Weaver@ncmail.net>
Forwarded Message----
From: MIchael Gallant<gallantmc@yahoo.com>
To: Linda Lewis<linda.lewis@ncmail.net>
Cc: vrizzuto@arris-services.com
Sent: Tuesday, March 18, 2008 10:07:22 AM
Subject: Oyster Landing
Linda,
Any info on tghe chloride study for Oyster Landing? Remember that we gave you a letter for the second
stream that stated that the elevation was greater than the first stream. You were going to see if Raliegh
was ok with that. Please let me know.
Thanks for all your help,
Mike Gallant, PE
Looking for last minute shopping deals?Find them fast with Yahoo! Search.
Be a better friend,newshound, and know-it-all with Yahoo! Mobile. Try it now.
1 of 1 3/20/2008 2:20 PM
Oyster Landing&chlorides testing
Subject: Oyster Landing&chlorides testing
From: Linda Lewis<linda.lewis@ncmail.net>
Date: Thu, 13 Mar 2008 09:15:51 -0400
To: Tom Reeder<Tom.Reeder@ncmail.net>, Bradley Bennett<bradley.bennett@ncmail.net>,Ken
Pickle<ken.pickle@ncmail.net>, Al Hodge<A1.Hodge@ncmail.net>, Ed Beck<Ed.Beck@ncmail.net>,
Bill Moore<bill.moore@ncmail.net>, Scott Vinson<Scott.Vinson@ncmail.net>,Roger Thorpe
<Roger.Thorpe@ncmail.net>, Pat Durrett<pat.durrett@ncmail.net>, Joseph Gyamfi
<joseph.gyamfi@ncmail.net>, Mary Naugle<Mary.Naugle@ncmail.net>, Chris Baker
<chris.baker@ncmail.net>, Mike Lawyer<Mike.Lawyer@ncmail.net>, Annette Lucas
<Annette.Lucas@ncmail.net>, Kelly Johnson<kelly.p.johnson@ncmail.net>, Rhonda Hall
<Rhonda.Hall@ncmail.net>, Samir Dumpor<Samir.Dumpor@ncmail.net>, Christine Nelson
<Christine.Nelson@ncmail.net>, Ernest Odei-Larbi<Ernest.Odei-Larbi@ncmail.net>,
Jennifer.jones@ncmail.net, Aisha Lau<Aisha.Lau@ncmail.net>, Janet Russell
<Janet.Russell@ncmail.net>, Cameron Weaver<cameron.weaver@ncmail.net>, Steve Everhart
<Steve.Everhart@ncmail.net>, Lyn Hardison<Lyn.Hardison@ncmail.net>,Robert Patterson
<Robert.Patterson@ncmail.net>, Steven Pusey<Steven.Pusey@ncmail.net>, Starr Silvis
<Starr.Silvis@ncmail.net>, David Cox <David.W.Cox@ncmail.net>, Mike Randall
<Mike.Randall@ncmail.net>
All:
Good morning! ! I had a scoping meeting yesterday afternoon for this project in Onslow
County that had submitted a stormwater permit application on June 28, 2007 (2 days
before the Phase II deadline) and received a 25% low density permit on October 2,
2007. Now they want to completely revise the subdivision layout, which will reduce
the wetlands impacts, decrease the number of lots, but add additional site area to
contain a small commercial development. I've indicated that since none of the
project had been constructed, and therefore, no material changes to the project were
needed to comply with Phase II, the modification would be subject to the Phase II
requirements.
My question involves the chlorides testing done for the project. The project is
within 1/2 mile of and drains to 2 different streams, both class SA. They conducted
chlorides tests in only one of the streams, Turkey Creek. Their reasoning for not
doing chlorides testing in the other stream, Stones Creek, is because Turkey Creek is
at elevation 10 FMSL, whereas Stones Creek is at elevation 25 FMSL. The average
chlorides ion concentration in the 5 samples from Turkey Creek is 13 .5 ppm. They drew
the conclusion that since Stones Creek was 15 feet higher, it must not be tidally
influenced and therefore, it's chlorides ion content must be even lower than 13 .5
ppm.
Is this an appropriate conclusion to draw? And is this an appropriate way to handle
the chlorides testing?
Thanks,
Linda
1 of 1 3/20/2008 2:23 PM
02/22/2008 09:38 9106023975 THECLARKGROU PAGE 02/02
VI' iks 1-.-.LARK GROUP _
Geo-Environmental Services
I and/Hydrographic.Surveys
VIA US MAIL AND FACS.INiiLE(910-328-2230) Forestry ServiCCS
February 22,2008
Michael C. Gallant,P.E., PA
311 S. Topsail Drive RECEI\Tiv
Holly Ridge,NC 28445
Re: Chloride Study MAR 12 2008
Oyster Landing, Folkstone,NC DWQ
Clark Project No. 05638 per# S a>ro 90 o S.3
Dear Mr.Gallant:
The Clark Group was authorized to conduct chloride investigations on two watersheds, Turkey Creek and
Stones Creek,that occur within a half a mile of the subject property. Turkey Creek was the first watershed to be
investigated. The results were provided in a.report to the client; dated May 27, 2007. Turkey Creek, which is
approximately I 0 feet above sea level at the sampling location, did not show any tidal fluctuations through water
level measurements obtained throughout the duration of the study. Salinity and conductivity measurements
were low, and furthermore, laboratory results for collected samples did not show significant levels of chloride
for the creek to be considered"shellfish resource waters"as described in Senate Bill 1566, Section 2(15).
It was determined that chloride levels for Stones Creek would be similar, if not lower than the chloride levels of
Turkey Creek, and there would be no tidal influence since the sampling location that would have been used for
Stones Creek was approximately 25 feet above sea level (15 feet above Turkey Creek). Thus, a chloride study
was not conducted.for Stones Creek.
Should you have any questions,please do not hesitate to call our office.
Sincerely,✓�
t isit 4
Kenneth R. Rohitaille
Project Manager
Cc:
Mr. Jon T. Vincent, President, Oyster Landing, LLC
Mr. Vic Rizzuto, Arris Construction Services, Ltd,
Mr, R. Paul Clark, P.G., President,The Clark Group
OS638/environmental✓corr/chl or1delettei fe.gallant
Corporate:50D0 Blue Clay Road Castle Ha.yne,NC 28429-Post Office Box 10 136 Wilmington,NC 28404
(910)602-3900 Office-(910)602-3975 Facsimile
www.clarkgroup.us
CHLORIDE STUDY
FOR
OYSTER LANDING, WITH R4T4ISPECT TO THE DETERMINATION
OF SURFACE WATER CLASSIFICATION, PURSUANT TO
RATIFIED SENATE BILL 1566, SECTION 2
OLD FOLKSTONE ROAD
FOLKSTONE,,NC
CLARK PROJECT NO. 05638
PREPARED FOR
JTV MANAGEMENT COMPANY
WiLMINGTON, NC
MAY 29,2007
RECEIVED
MAR I 2 2008
Paw 5etiTh-OCvS3
PREPARED BY
THE CLARK GROUP
P. O. BOX 10136
WILMINGTON,NC 28404
{910} 602-3900
/01
THE a ARK GROUP /11
TABLE OF CONTENTS
PAGE
1.0 INTRODUCTION
2.0 WATER LEVEL AND TIDE DATA COLLECTION .1
3.0 CHLORIDE SAMPLING 2
4.0 CONCLUSIONS 3
5,0 LIMITATIONS 3
TABLE
TABLE.I SURFACE WATER SAMPLING DATA
FIGURES
FIGURE 1 TOPOGRAPHIC VICINITY MAP
FIGURE 2 SITE MAP-AERIAL PHOTOGRAPH DEPICTING SAMPLING
POINT ALONG TURKEY CREEK HEADWATERS
FIGURE 3 TURKEY CREEK WATER LEVEL DATA
FIGURE 4 PREDICTED TIDE DATA FOR NEW RIVER INT FT
APPENDICES
APPENDIX I DATA CALCULATIONS
APPENDIX II LABORATORY ANALYSES AND CHAIN OF CUSTODY
FORM
Tim CLAM(GROUP
CHLORIDE STUDY
FOR
OYSTER LANDING, WITH RESPECT TO THE (.
DETERMINATION OF SURFACE WATER CLASSIFICATION,
PURSUANT TO
RATIFIED SENATE BILL 1566, SECTION 2
OLD FOLKSTONE ROAD
FOLKSTONE,NC
CLARK PROJECT NO. 05:638
PRt t'ARLD FOR
JTV MANAGEMENT COMPANY
WILMINGTON, NC
MAY 29,2007
1.0 INTRODUCTION:
On separate days between January 24 and February 6, 2007, a field study of a section of
Turkey Creek was performed near Tar Landing Road in Onslow County (Figure 1). The
creek was monitored for tidal fluctuations and chloride content was analyzed pursuant to the
methodology prescribed in ratified Senate Bill 1566 (S.B. 1566). Also, the field parameters
of conductivity and salinity were also monitored. The purpose of the study was to determine
whether or not the area of the creek is considered Class. SA "shellfish resource waters"
(shellfish sustaining saltwater)relevant to the referenced Senate Bill.
According to the definition of"shellfish resource waters" (S.B. 1566 Section 2 (15)), the
creel; must average 500 ppm natural chloride ion. This must be determined by sampling the
subject waters, located at least a .half of a mile downstream of the subject property, on five
separate days, each day within one hour of high tide, and not less than 48.hours following a
rain event. The samples must be analyzed by a North Carolina.certified laboratory.
2.0 WATER LEVEL AND TIDE DATA COLLECTION:
Initially, a reconnaissance of the creek was performed, and a suitable sampling location
(approximately 10 feet above sea level) was established beyond the half-mile radius,
downstream of the project location, and, thus, is more susceptible to tidal fluctuations and
chloride intrusions. Figure 2 is an aerial photograph map depicting the sampling location,
relative to the subject property.
A measuring point (a section of slotted well-screen pipe) was set near the center of the.
creek, from which relative water levels could be obtained at various times. On January 24,
2007, a;computerized data logger was placed within the measuring point, and continuous
1
THE CLARK GROUP •�-�`.•��-,�
water level measurements were initiated at 1:14.pm. Water levels were recorded initially on
a logarithmic cycle, but after 100 minutes, the measurements were recorded every 5
minutes. The data was collected for almost a. two-week period, and the data logger was
removed at 11:35 am on February 6, 2007. The downloaded data and calculations are
contained within Appendix I.
The collected water level data was graphed (Figure 3) and compared with the 2007 tidal
predictions for the closest published reference point (New River Inlet), as published on the
website of the National Oceanic and Atmospheric Administration (NO' A) (Figure 4). The
comparison revealed that there does not appear to be any tidal influence at the sampling
location.
In addition to the continuous data logger, water level measurements were collected during.
each sampling event. Water level measurements were taken from the established measuring
point at ten minute intervals, starting approximately thirty minutes before the published high
tide times for New River Inlet.
3.0 CHLORIDE SAMPLING:
Chloride samples were collected from the creek on January 25, 26 and 27, 2007 and
February 5 and 6, 2007. Each sampling event was performed within an hour of an estimated
high tide lag time from the predicted high tide times at New River Inlet. Because the
sampling location is approximately a mile upstream from the nearest tidal influence and
preliminary recorded water levels showed no tidal flux, a reasonable assumption of an hour
and fifteen minutes had to be made as the lag time that exists between the sampling point
and the predicted high tide time at New River Inlet; which is approximately seven miles to
the east, The samples were submitted to a certified North Carolina laboratory (SOS.
Laboratory(Wilmington, NC))for chloride analysis via.EPA Method 300.0.
According to S.B.1566 (Section 2 (15)), surface water samples must be collected no sooner
than 48 hours following a rain event. In order to monitor rainfall at the site, a manual rain
gauge was placed in an open area near the sampling point. On the morning of January 25,
2007, the rain gauge was established, and was monitored each day prior to the sampling
event. Two rain events occurred during the study; one on January 28,2007, and the other on
February 1 and 2, 2007. The.National Weather Service recorded 0.33 inches of precipitation
on January 28, 2007, and a total of 1.29 inches of precipitation on February 1 and 2; 2007
for the Wilriington.Region(Figure 3).
In order to account for the density difference between fresh water and salt.water (and, thus,
possible densit /gravitty separated salt and freshwater), each sampling event included
separate samples from the surface and bottom Of the creek. The samples-were collected at
the discreet intervals`utilizing clean, disposable pipettes. In addition, clean sampling gloves
were utilized, and the .samples were stored On ice in a cooler and hand delivered to the
laboratory.
Analytical results indicate that the chloride concentration in the creek ranged from 11.4
mg/.L to 17.5 nig/L, which is below the 500 mg/L target concentration referred to in. S.B.
1566. In addition to the submitted laboratory samples, field instruments were utilized.to
2
://e/
`!:rrt:CI ARK GROUP
measure salinity and conductivity at the surface and at the bottom of the creek dining each
sample _event. No salinity was detected utilizing field instruments, and the field
measurements of conductivity ranged from 45 to 50 :umhos. All field data and laboratoi v
data are tabulatized and presented in Table I. Official laboratory reports are contained in
Appendix IL
4,0 CONCLUSIONS:
Surface water samples were collected on five separate days between January 24 and
February 6, 2007. Pursuant to Senate Bill 1566, all sample were collected within one hour
of the predicted high tide, and not within 48 hours after any rain event. The samples were
submitted to a certified North. Carolina laboratory for analysis via, EPA Method 300.0
(chloride).A review of laboratory data reveals that chloride concentrations ranged from 11,4
to 17.5 paits per million(mg/L)..
Based on the data collected horn the laboratory findings, it has been determined that the
waters of the creek in the vicinity of the study area do not contain levels of chloride which
are sufficiently elevated to be considered "shellfish resource waters" (S.B.1566, Section
2(15)). The topography(10 feet above sea level) of the site,along with field measurements
Hof salinity and conductivity offer further support,of this conclusion.
Based on the findings of this-study on the relevant section of Turkey Creek, Oyster Landing
is not located within one-half of a mile of "shellfish resource waters", and, therefore is
considered a"Iaow Density"site at no more than.24% "built upon area".
5.0 LIMITATIONS:
Information obtained and presented as part of this investigation is based on available data in
an effort to understand and/or correct an existing or potential problem. The validity of any
resulting conclusions is limited by methodological constraints and by the lack of a
statistically significant number of data points. There is no warranty, expressed or implied,
that additional or new information and/or additional measures will not be requited to
ultimately solve the problem. Additionally,The Clark Group assumes no responsibility for
the validity of subjective or interpolated interpretations,whether or not implied or indicated,
although an attempt is made to qualify such.
3
THE CLARK GROUP
•
TAP
CHF CI ARK GROUP
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For DENR Use ONLY 5 i( O p , ^CA
North Carolina Department of Environment and Reviewer R L 1
Natural Resources Submit 3' )2_ (Q t11
IA.
NCDENR Request for Express Permit Review Time: `j•o%
Confirm 3'44)
1 ,FILL-IN all the Information below and CHECK the Permit(s)you are requesting for express review. FAX or EmJ
mr ure t.-umpreieo runn ruTxpress _-.. peierRd;
Coordinator along with a completed DETAILED narrative,site plan(PDF file)and vicinity map(same items expected In the application package -•-. �_-... -9 --------
of the project location.Include this form in the application package. ,. r— —far {Deleted:
• Asheville Region Alison Davidson 828-296-4698;alison.davidson(a�lncmail.net M`T`� t
• Fayetteville or Raleigh Region-David Lee 919-791-4203;david.lee(dncmaitnet
• Mooresville a-Patrick Grogan 704-663-3772 or patrick.gropanOncmaiLnet
• Washington Region-Lyn Hardison 252-946-9215 or lvn.hardison(d ncmaiLnet
• Wilmington Region-Janet Russell 910-350-2004 or ianetrusselkalncmaiLnet
NOTE:Project application received after 12 noon will be stamped in the following work day.
Project Name:(rifi< 'LANDI.NG_tounty:ONSLOW
Applicant:JOHN T.VINCENT Company:OYSTER LANDING,LLC
Address:1508 MILITARY CUTOFF RD,SUITE 302 City:WILMINGTON,State:NC Zip:28445
Phone:910-256-101 Fax: - - Email:
Project is Drains into SA waters Project Located in CAPE FEAR River Basin
Engineer/Consultant:Michael C.Gallant,PE Company:Michael C.Gallant,PE,PA
Address:PO BOX 4039 City:SURF CITY,State:NC Zip:28445
Phone:910-328-2188 Fax::910-328-2230 Email:nallantmcOvahoo.com
(Check all that apply)
*NOD DCM, ❑DLR, ❑OTHER:
❑Stream Origin Determinatinn• #of stream rails—Please affarh T(PO map marking the areas in questinns
❑State Stormwater ❑General ❑SFR, ❑Bkhd&Bt Rmp, ❑Clear&Grub, ❑Utility
❑Low Density ❑Low Density-Curb&Gutter _#Curb Outlet Swales ❑Off-site[SW (Provide permit#)]
❑High Density-Detention Pond _#Treatment Systems El High Density-Infiltration _#Treatment Systems
❑High Density-Bio-Retention #Treatment Systems ❑High Density—Constructive Wetlands _#Treatment Systems
❑High Density-Other _#Treatment Systems ®MODIFICATION SW 8070653(Provide permit#)
❑Coastal Management ❑Excavation&Fill ❑Bridges&Culverts El Structures Information
❑Upland Development ❑Marina Development ❑Urban Waterfront
❑Land Quality El Erosion and Sedimentation Control Plan with acres to be disturbed.(CK# (for DENR use))
WETLANDS QUESTIONS MUST BE ADDRESSED BELOW
❑Wetlands(401): Check all that apply Isolated wetland on Property❑Yes❑No
Wetlands on Site❑Yes❑No Buffer Impacts:❑No❑YES: acre(s)
Wetlands Delineation has been completed:❑Yes❑No Minor Variance:El No El YES
US ACOE Approval of Delineation completed: ❑Yes❑No Major General Variance ❑No❑YES
404 Application in Process w/US ACOE: ['Yes ❑ No 401 Application required:❑Yes El No If YES,El Regular
Permit Received from US ACOE❑Yes El No Perennial,Blue line stream,etc on site❑yes❑No
For DENR use only
Fee Split for multiple permits: (Check# 1 Total Fee Amount $
SUBMITTAL DATES Fee SUBMITTAL DATES Fee
CAMA $ Variance(❑Maj;❑Min) $
SW(❑HD,0 LD,❑Gen) $ 401: $
LQS $ Stream Deter,_ $
R E C 7 1 V E
44
pECE0VFr FL l.e, 62008
MAR 062en. JVQ
PF�r
DtW
PRO,' #
about:blank
Oyster Landing
March 6, 2008
Mike/Gary:
The Express Stormwater Scoping Meeting for Oyster Landing has been scheduled with Linda Lewis
on.March 12,2008 at 3:00 PM here in the Wilmington Regional Office.
Please respond within 2 business days to confirm and reserve the scoping meeting date/time.
Thank You,
Janet Russell
Express Permitting
of 1 3/6/2008 5:08 PM
Re: Oyster Landing
Subject: Re: Oyster Landing
From: Mlchael Gallant<gallantmc@yahoo.com>
Date: Thu, 6 Mar 2008 15:04:58 -0800 (PST)
To: Janet Russell<Janet.Russell@ncmail.net>
Janet,
We will be there.
Mike
Original Message ----
From: Janet Russell<Janet.Russell@ncmail.net>
To: Michael Gallant<gallantmc@yahoo.com>
Sent: Thursday,March 6, 2008 5:08:27 PM
Subject: Oyster Landing
*Oyster Landing
*March 6, 2008
Mike/Gary:
The Express Stormwater Scoping Meeting for Oyster Landing has been
scheduled with* Linda Lewis on March 12, 2008 at 3:00 PM* here in the
Wilmington Regional Office.
Please respond within 2 business days to confirm and reserve the scoping
meeting date/time.
Thank You,
Janet Russell
Express Permitting
Be a better friend,newshound, and know-it-all with Yahoo! Mobile. Try it now.
1 of 1 3/6/2008 6:05 PM
• p
•
SM
Michael C. Gallant PE, PA
Engineering/Consulting/Design
Janet Russell
WiRO
NCDENR
127 Cardinal Dr Ext.
Wilmington,NC 28405-3845
Re: Scoping Meeting Request-Oyster Landing Modification
March 5, 2008
Dear Janet,
Please review the attached application and information regarding the modification of
SW8070653 for Oyster Landing. The developer wishes to modify the permit by the
following:
• Addition of recently purchased land to the project.
• Change of use for part of the project.
• Change from a low density project to a project with both low and high density
areas.
• Presentation of monitoring and sampling data for the receiving streams indicating
chloride presence below the levels required for SA designation.
Please review the following brief narrative:
The project was originally designed as a low density project under the "old"rules with
road side swales. The developer has reworked his site plan due to market forces and
wishes to pursue a small amount of commercial and multifamily development on HWY
172. The remainder of the project will remain low density, most likely with roadside
swales as before.
In order to incorporate the higher densities under the new Phase II rules the developer has
data suggesting that the receiving streams within V2 mile of the site are not SA waters.
This study was done prior to the application for the original permit, in the event that the
developer would make a modification to the plan such is being proposed.
RECEI v
E E rgallantmc@yahoo.com E
tel 910.328.2188 MARa � 20084D .38
D
fax 910.328.2230
P.O. Box 4039 PROJ DWO uiQ
Surf City, NC 28445 — PROJ #
• 0
•
Michael C. Gallant PE,PA
Engineering/Consulting/Design
I have included a rendering of the site provided by the developer's land planner showing
the proposed site plan.
Please contact me at your earliest convenience to schedule this meeting.
Sincerely, I
414
Michael . allant, PE
gallantmc@yahoo.com
tel 910.328.2188
fax 910.328.2230
P.O. Box 4039
Surf City, NC 28445
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MAR062008
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PROD#
CA201211003263
SOSID:0907851
Date Filed:4/19/2012 10:19:00 AM
l, LIMITED LIABILITY COMPANY ANNUAL R: Elaine F.Marshall
North Carolina Secretary of State
NAME OF LIMITED LIABILITY COMPANY: Oyster Landing,LLC CA201211003263
SECRETARY OF STATE ID NUMBER: 0907851 STATE OF FORMATION: NC Ring Oleos Use°Ny
REPORT FOR THE YEAR: 2012
SECTION A:REGISTERED AGENT'S INFORMATION []Changes
1.NAME OF REGISTERED AGENT: Jon T.Vincent
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
1508 Military Cutoff Road,Ste.302 1508 Military Cutoff Road,Ste.302
Wilmington,NC 28403 New Hanover Wilmington,NC 28403
SECTION B:PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2.PRINCIPAL OFFICE PHONE NUMBER: (910)256-0101 3.PRINCIPAL OFFICE EMAIL:
4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 6.PRINCIPAL OFFICE MAIUNG ADDRESS
1508 Military Cutoff Road,Ste.302 1508 Military Cutoff Road,Ste.302
Wilmington,NC 28403 New Hanover Wilmington,NC 28403
SECTION C:MAI'AGERSIMEMBERS/ORGANIZERS(Enter additional Managers/Members/Organizers in Section E.)
NAME: Jon T.Vincent NAME: BHBS NAME:
TITLE: Manager TITLE: Member TITLE:
ADDRESS: 1508 Military Cutoff Road ADDRESS: 1508 Military Cutoff Road ADDRESS:
Ste.302 Ste.302
Wilmington,NC 28403` Wilmington,NC 28403
SECTIO ID:CERTIFICE TI' OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity,
SIGNATURE
3/Ill 1 L
E DATE
Form st be.;,nod by a Manager/Member listed under Section C of this form:
Jon .Vincen Manager
Print or Type Name of Manager/Member TITLE
THIS E ••E NOT QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010-31
SUBMIT THIS ANNUAL REPOT IAtrH THE RUMORED Fun FEE OF 5200
MAIL TO:Secretary of State, Corporations Division. Post Office Box 29525. Raleigh,NC 27625.0525
•
Page 1 of 8 Type: CONSOLIDATED REAL PROPERTY
9 Recorded:4/14/2014 3:42:38 PM
Fee Amt: $3,127.00 Page 1 of 8
Revenue Tax: $3,101.00
Onslow County,NC
Rebecca L.Pollard Reg.of Deeds i
BK4139 PG 72 - 79
Prepared by:
Mulligan Epstein Attorneys,PLLC
Attu:TaylorR.Riley,Esq. Delinquent Taxes, if any, to be
2802 Market Street paid by closing attorney to the
Wilmington,NC 28403 Onslow County Tax Collector
upon disbursement of the closing
Return to: proceeds. James A. Oliver
Hoosier Daddy LLC Hatch, Little & Bunn, i.'LP
109 Willesden Drive
Cary,NC 27513
Tax Parcel Nos. 024311;060058;154190;154191;056251;154112;154114;154113
060065;060063;060064;063118;063119;062913;060062;060066
Revenue stamps: $3,101.00 If
The Property Conveyed By This Deed Is Not the Grantor's Primary Residence
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
TRUSTEE'S DEED
THIS DEED,made and entered into this the do day of April,2014 by and
between MULLIGAN EPSTEIN ATTORNEYS,PLLC,acting as Trustee as hereinafter stated,
of 2802 Market Street,Wilmington,New Hanover County,North Carolina,party of the first part;
and HOOSIER DADDY,LLC,party of the second part(whether one or more),having an
address of 109 Willesden Drive,Cary,North Carolina 27513;
WITNESSETH:
WHEREAS,Oyster Landing,LLC executed to Frederick Willetts III,Trustee for
Cooperative Bank,upon the lands hereinafter described,a Deed of Trust dated April 13,2007
and recorded in Book 2855,at Page 121,in the office of the Register of Deeds of the above-
captioned county;and,
Submitted electronically by Hatch,Little&Bunn,LLP in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Onslow County Register of Deeds.
Book: 4139 Page, 1977-Current: 72 Seq: 1
Book:4139 Page:72 Page 1 of 8
Page 2 of 8
WHEREAS,First Bank is successor by purchase and assumption to Cooperative
Bank,and is the beneficiary,holder and owner of a majority in amount of the indebtedness
secured by the Deed of Trust;and,
WHEREAS,by instrument dated November 7,2012,recorded in Book 3880,at
Page 610,in the office of the Register of Deeds of the above-captioned county,the party of the
first part was substituted as Trustee of the Deed of Trust in the place and stead of the original
Trustee;and,
WHEREAS,the indebtedness secured by the Deed of Trust being overdue and
unpaid and the Holder of the indebtedness having called upon the Trustee to foreclose the Deed
of Trust;and,
WHEREAS,the Trustee having given notice of the commencement of foreclosure
of the Deed of Trust to those persons entitled to same according to the provisions of Article 2A
of Chapter 45 of the General Statutes of the State of North Carolina,and a hearing having been
held before the Clerk of Superior Court of the above-captioned county,and the Clerk having
authorized,ordered,and directed that the Trustee could proceed under the Deed of Trust to give
notice of and to conduct a foreclosure sale,all of which appears of record in File No. 12-SP-1048
in the office of the Clerk of Superior Court of the above-captioned county,North Carolina;and,
WHEREAS,the Trustee after due advertisement as required by law and the terms
of the Deed of Trust offered the land and premises for sale at the Courthouse door in
Jacksonville in the above-captioned county,North Carolina,to the highest bidder for cash on
February 26,2014,when and where HOOSIER DADDY,Lit::became the last and highest
bidder for the premises at the price of One Million Five Hundred Fifty Thousand Five Hundred
and No/100 Dollars($1,550,500.00);and,
WHEREAS,a report of said sale was duly made to the Court and the same has
not been raised,upset,or increased as provided by law and said purchase price has been paid as
in the.Deed of Trust prescribed.
NOW,THEREFORE,for and in consideration of the premises and the sum of
One Million Five Hundred Fifty Thousand Five Hundred and No/100 Dollars($1,550,500.00),
the receipt and sufficiency of which hereby are acknowledged,the party of the first part has
bargained and sold and by these presents does bargain,sell,and convey unto the party of the
second part,said party's successors and assigns,the following described premises,to wit:
2
Book: 4139 Page, 1977-Current: 72 Seq: 2
Book:4139 Page:72 Page 2 of 8
Page 3 of 8
Generally described as certain real property,with any and all
improvements thereon,located in Onslow County,North Carolina,and
being more particularly described as follows:
TRACT ONE:
BEING that certain tract of land entitled,"The M.L.Hobbs Tract,"as
shown upon that certain map of survey made by J.J.Walton,and dated
March, 1958,recorded in Map Book 5,at Page 74,of the Office of the
Register of Deeds of Onslow County,to which map reference is hereby
made for a more complete description;and being the same land conveyed
to Gladys G.Sylvester by deed from Manny L.Hobbs and wife,Maybelle
Hobbs,which deed is dated November 8, 1963,and is recorded in Book
323,at Page 636,of the Onslow County Registry.
EXCEPTING from the above description,however,a certain lot sold by
deed recorded in Book 323,at Page 646,of the Onslow County Registry.
TRACT TWO:
BEING all of Tract 3(22.23 acres)as shown on plat entitled"Division
Survey for: C.T.Ownes,Jerry Gandy,Lee Sharp",as surveyed by Gairy
Canady Land Surveying,dated November 29, 1996,to December 15, 1996
and September 24, 1999,recorded in Map Book 38,at Page 167, Slide K-
303,Onslow County Registry.
EXCEPTING from the above description,the property described in the
Partial Release recorded in Book 3734,at Page 327,in the office of the
Register of Deeds of Onslow County.
TRACT THREE:
COMMENCING at point labeled 55 on a map entitled"The Folkston
Southwest Tract"recorded in Map Book 30,at Page 150,Slide G-338,in
the centerline of NC 172 and following the centerline of NC 172 South
79° 16'47"West a distance of 2,558.94 feet to THE TRUE POINT OF
BEGINNING.
Thence from said beginning and leaving said centerline South 10°42'24"
East a distance of 50.14 feet;
Thence South 10°42'24"East a distance of 2,815.55 feet to a point in the
Debbie Anderson line;
Thence along the Anderson line South 23°51'00"West a distance of
468.20 feet;
3
Book: 4139 Page, 1977-Current: 72 Seq: 3
Book:4139 Page:72 Page 3 of 8
•
Page 4 of 8
Thence along the Sylvester line South 55°26 00"West a distance of
1,240.80 feet;
Thence along Crows Nest branch South 64° 16'00"West a distance of
218.50 feet;
Thence South 22°01'00"West a distance of 295.70 feet;
Thence South 30°36'00"West a distance of 382.80 feet;
Thence South 52°26'00"West a distance of 266.64 feet; •
Thence South 14°21'00"West a distance of 190.00 feet;
Thence South 31°06'00"West a distance of 188.70 feet;
Thence South 08°25'00"West a distance of 87.24 feet;
Thence South 08°25'00"West a distance of 31.36 feet to the centerline of
NCSR 1518 and labeled 132 on said map;
Thence along said centerline North 64°38'31"West a distance of 464.32
feet;
Thence North 64° 16'27"West a distance of 200.24 feet;
Thence North 61° 16'57"West a distance of 200.00 feet;
Thence North 53°35'04"West a distance of 200.21 feet;
Thence North 48°23' 10"West a distance of 331.98 feet;
Thence North 47°51'43"West a distance of 94.05 feet to the Sam and •
Linwood Taylor corner;
Thence leaving said centerline and along the Sam and Linwood Taylor
line North 33°20'20"East a distance of 30.22 feet;
Thence along the Taylor line North 33°20'20"East a distance of 2,665.46
feet;
Thence along the Taylor line North 10°42'24"West a distance of
1,899.52 feet;
4
Book: 4139 Page, 1977-Current: 72 Seq: 4
Book:4139 Page:72 Page 4 of 8
Page 5 of 8
Thence North 10°42'24"West a distance of 50.24 feet to the centerline of
NC 172;
Thence along the centerline of NC 172 North 79° 16'47"East a distance
of 1,719.65 feet to the beginning.
The above parcel contains 200.00 acres more or less by coordinates and
excludes the portion within the rights of way of NC 172 and NCSR 1518
and is a portion of Tract"A"as recorded in Map Book 30,at Page 150,
Slide G-338. This description was prepared from mathematical
computations form recorded documents and not by actual survey.
Less and excepting all of Lot 1 of Gordon Acres,Phase One as shown on
map recorded in Map Book 38,at Page 168,Slide K-394 of the Onslow
County Registry.
And being the same property conveyed to Gary L.Watkins by Timberland
Investment Group,Inc.,in Deed Book 1339,at Page 176,less and
excepting all of Lot 1 of Gordon Acres Phase One as shown on a map
recorded in Map Book 38,at Page 168,Slide K-394 of the Onslow County
Registry.
EXCEPTING from the above description all of the property described in
that Partial Release recorded in Book 3645,at Page 849 in the office of the
Register of Deeds of Onslow County.
Together with all additional rights,title,and interests of Grantor conveyed
and described in the Deed of Trust recorded in Book 2855,at Page 121 in
the office of the Register of Deeds of Onslow County.
Further together with any and all:(a)declarant rights,special declarant
rights,declarant easements,and development rights,relating to the
property described herein to the extent included in the property described
in said Deed of Trust;and(b)any and all special declarant rights that may
be transferred pursuant to foreclosure pursuant to North Carolina Planned
Community Act,NCGS §§47F-1-101,et. seq.,including without
limitation§47F-3-104;to the extent that the same are requested by the
party acquiring title to the property.
This is a portion of the property described in the Deed of Trust recorded in
Book 2855,at Page 121 in the office of the Register of Deeds of Onslow
County,and is also identified by the Onslow County Tax Office as Tax ID
Nos.747-13.66;760-21;747-13.40;747A-61;747A-59;747A-60;747A-
140;747A-141;747-13.76;747A-58;and 747A-62.
5
Book: 4139 Page, 1977-Current: 72 Seq: 5
Book:4139 Page:72 Page 5 of 8
Page 6 of 8
•
The above-described property is conveyed subject to all taxes,special and •
homeowners'association assessments,any liens or encumbrances of record against the above
described property,and unrecorded mechanics'and materiahnen's liens,which are prior to the
Deed of Trust recorded in Book 2855,at Page 121,and any recorded releases from the Deed of
Trust recorded in Book 2855,at Page 121 in the office of the Register of Deeds.
The above-described property is conveyed"AS IS,WHERE IS,AND WITH ALL •
FAULTS." No representations or warranties relating to the title or any physical,environmental,
health or safety conditions existing in,on,at or relating to the above-described property are made
and any and all responsibilities and liabilities arising out of or in any way relating to any such
condition expressly are disclaimed.
TO HAVE AND TO HOLD,the premises,together with all privileges and
appurtenances thereunto belonging unto the party of the second part,said parry's successors and
assigns,in as full and ample a manner as the party of the first part is empowered to convey the
same.
IN WITNESS WHEREOF,the party of the first part has caused this instrument to
be executed in such form so as to be binding this the day and year first above written.
MULLIGAN EPSTEIN ATTORNEYS,PLLC
Trustee
By:
Taylor R.Riley tt
2802 Market Street
Wilmington,NC 28403
Telephone: 252.763.1100
•
Book: 4139 Page, 1977-Current: 72 Seq: 6
Book:4139 Page:72 Page 6 of 8
•
Page 7 of 8
it
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day,acknowledging to me
that she signed the foregoing document for the purpose stated therein,in the capacity indicated
therein: Taylor R.Riley.
Date d p"l 3e 26ief C ,
Signature of Notary Public
CHRISTOPHER STEIN (ir•`T ,aIu—
NOTARY PUBLIC Notary's Printed or Typed Name
New Hanover County
North Carolina
My Commission Expires April 4,2017 My commission expires: 4 iri l ' 2017
(Official Seal)
7
Book: 4139 Page, 1977-Current: 72 Seq: 7
Book:4139 Page:72 Page 7 of 8
Page 8of8
1
•
•
aZt
•
1794
COUNTY OF ONSLOW
•
Land Records stamp
Tax Parcel Nos. 024311;060058; 154190;154191;056251;154112;154114;154113;
060065; 060063;060064;063118;063119;062913;060062;060066
This certifies that the Trustee's Deed dated April3,2014 between Mulligan Epstein Attorneys
PLLC,acting as Trustee,party of the first part;and Hoosier Daddy,LLC,party of the second
part,has been presented to and reviewed by Onslow County Tax Administration,Land Records
Division on April 14,2014.
eeeitieei
Gaye Gill 1 date
Land Records Supervisor
•
Onslow County Tax Administration
89 Tallman Street•Jacksonville,North Carolina•28540
Phone:910-989-2200 Fax:910-4155-4579
wwwonslowassuyncgovfew
Book: 4139 Page, 1977-Current: '
Book:4139 Page:72 Page 8 of 8
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-121
HOUSE BILL 279
AN ACT TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES TO TRANSFER CERTAIN ENVIRONMENTAL PERMITS
ASSOCIATED WITH PROPERTY DEVELOPMENT WHEN THE ORIGINAL
PROPERTY OWNER IS UNWILLING OR UNABLE TO AGREE TO THE PERMIT
TRANSFER.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-214.7 is amended by adding a new subsection to read:
"§ 143-214.7. Stormwater runoff rules and programs.
(c5) The Department may transfer a permit issued pursuant to this section without the
consent of the permit holder to a successor-owner of the property on which the permitted
activity is occurring or will occur as provided in this subsection.
al The Department may transfer a permit if all of the following conditions are
met:
a. The successor-owner of the property submits to the Department a
written request for the transfer of the permit.
b. The Department fmds all of the following:
1. The permit holder is one 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.
Fi 1 #l74'►C4c /III. A person who has been lawfully and finally divested
Cjriara CO. of title to the property on which the permitted activity
is occurring or will occur.
IV. A person who has sold the property on which the
permitted activity is occurring or will occur.
/134.139 1/-2. The successor-owner holds title to the property on which the
April 141 4 permitted activity is occurring or will occur.
V 3. The successor-owner is the sole claimant of the right to
engage in the permitted activity.
. 4. There will be no substantial change in the permitted activity.
(2) 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.
MI Notwithstanding changes to law made after the original issuance of the
nWd permit, the Department may not impose new or different terms and
S�Q' 2� conditions in the permit without the prior express consent of the
i(?l u successor-owner.
W j j
SECTION 2. G.S. 143-215.1 is amended by adding a new subsection to read:
8 n "§ 143-215.1. Control of sources of water pollution; permits required.
G
10 Iig
IllIIII �I"II
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