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HomeMy WebLinkAboutSW8970925_Historical File_20161026 - MERCER Building & Design 106-C Professional Park Drive Beaufort,NC 28516 (252)728-6636 October 14, 2016 Steve Pusey Dept of Environmental Quality 127 Cardinal Dr Ext RECEIVIT Wilmington NC 28405 flbcT2l2O! b j Re: SW8 970925 Dear Mr Pusey, Enclosed you will find the Stormwater Management Permit Information Update Form. Should you have any questions regarding this, please do not hesitate to contact me. Sincerely, Gary A Mercer President Mercer Building& Design Inc ce n i Pusey, Steven From: Pusey,Steven Sent: Tuesday,October 11,2016 2:36 PM To: 'bwall@bevinwall.com' Subject SW8970925 Pollard Property(Courtyard West) Attachments: SSW PERMIT_UPDATE FORM 20Aug15.docx Dear Mr.Wall, I am trying to renew the subject stormwater permit for your client, Mr.Gary Mercer. However,we need for him to fill out and sign a Permit Update form. See file attached. Not only will we be renewing the permit,but also changing the permittee name to Mercer Building&Design,Inc. Note that this is due to a merger with the previous company,Mercer Building Co. Please advise if you have any questions. Thanks, Steve Pusey Steve?Wel Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7334 direct Steven.pu sev@ n cd e n r.u ov 127 Cardinal Drive Ext. Wilmington, NC 28405 iM1.r•-ur..l a c�a.: Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. Before printing this email,please consider your budget and the environment. 1 Casmer, Jo From: Casmer, Jo Sent: Thursday, September 08, 2016 4:26 PM To: 'garym©mercerrealtyinc.com' Subject: Courtyard West/Pollard Property; Stormwater Permit SW8 970925 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) received the Stormwater Permit Renewal Application and $505.00 fee on September 1, 2016. The project has been assigned to Steve Pusey and you will be notified if additional information is needed. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance&Customer Service 910 796-7336 office 910 350-2004 fax io.casmerrncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 `l+othirg Compares-,„, 1 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Scott, Georgette From: Bevin W. Wall <bwall@bevinwall.com> Sent: Thursday, September 01, 2016 6:34 PM To: Scott, Georgette Cc: ncpulver@yahoo.com Subject: SW8970925 Pollard Property(Courtyard West) Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Scott, Thank you for your time by phone this week regarding the above. My client, Courtyard West Owner's Association, Inc.,takes permit compliance very seriously and intends to work immediately toward a resolution of the outstanding matters. We have a meeting set with the developer and current permit-holder, Mr. Mercer,for next Wednesday, September 7, 2016 at 4:00. We will work toward an appropriate plan of action at that time. I will keep you advised of our progress. I am copying association representative Judy Pulver with this email. Please feel free to call or email if you have any questions, concerns or need any further information. Bevin W. Wall Attorney at Law 7025 Hwy 70, Suite F Ocean Way Plaza P O Box 310 Newport, NC 28570 Tel: (252) 223-4411 Fax: (252) 223-5104 bwalle evinwall.corn Visit our website at www.bevinwall.co►n This communication, together with any attachments, may contain information that is confidential,proprietary, legally privileged or otherwise exempt from disclosure. If you are not the intended recipient of this communication, you are hereby notified that the distribution, reading, copying or other use of this communication and any attachment hereto is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete or destroy this communication. Thank you for your cooperation. *The Law Offices of Bevin W Wall, Attorney at Law are designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States, and has proudly assisted consumers seeking relief under the US Bankruptcy Code for over 20 years. Unless a formal attorney-client relationship has been instituted between the attorney and the reader, this email is not intended to be a source of legal advice, the reader should not consider this information to be an invitation for an attorney- client relationship, and should not rely on information provided herein. Moreover, any reader who sends an e-mail to the attorney must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney- Completeness Review Checklist Project Name: e_ou_ �� t 5� ��� Received Date: 1 Ze3 1(e Project Location: °t4 , ri. iNLp-e--ts _ Accepted Date: I-- I t 2 d lc. Weis) i2008Coastal 1995 Coastal III Phase II (WiRO.) Universal e1988 Coastal Type of Mod . or PR Existing Permit#(Mod or PR): `Z 70c 1 :PE Cert.on File? • 'Density: HD or . LID. Type: Commercial or Residential i®NCG: - . %: 0(%OK?) Stream Class: •',SA Map Offsite to SW8 • Subdivided?: Subdivision or Single Lot �ORW Map [ Exempt • Paperwork • Ernailed.Engineer on: 1Supplement(s) (1 original per BMP) BMP T .e(s): (, C,— • 0&M with correct/original signatures (1 original per B) exc., 3 • • pfication with correct/original signatures. -- 'e ;Deed J 1 'Corp or LLC: Sig. Auth. per SoS or lette DEmail Address: Design Engineer - 50e.(within 6mo) ';Email Address: Owner • . • Soils Report with SHWT - e to Reviewer: C Calculations(signed/sealed) ` )1. . • • �' ��� . drill Ill No obvious errors 4 &e Cjj) igDensity includes common area etc at) J , Deed Restrictions, if subdivided: a Signed&Notarized Correct Template (Comm/Res&HD/LD) or Dec. Covenants& Rest. 'fans . —12 Sets ;�lDetails(roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading *Wetlands: Delineated or No Wetlands - • • :Vicinity.Map iJiLayout(proposed BUA dimensions) •Legend RADA Maps . Project Boundaries nfiltration Wet Pond Offsite • • . • ASoils Report •Soils Report e PE Cert for Master . Lot#: • SHT: . •W SHWT: II Deed Rest for Master . #Lot Matches Master - Bottom: .I PP:PP: BUA Permitted (Master): - • sf Visited: BUA Proposed (Offsite): - - sf ddditionai Information: ' Permitted Proposed: . - Proposed: Proposed: ,UA(sf) 1 (rOD .)A(sf) % 74 - 31.0?.t 3 . P (el) • 0 s 5/•3 HWT(el) . - .. lepth (ft) . . A(sf) • : . . • . - MERCER Building & Design 106-C Professional Park Drive Beaufort,NC 28516 (252)728-6636 August 31, 2016 Mr Tracy Davis NC Energy Mineral and Land Resources RECEIVE 127 Cardinal Dr Ext Wilmington NC 28405 SEP a 1 2016 1) Re: Stormwater Permit#SW8 970925 BY: Dear Mr Davis: 1. As per your request I am enclosing the renewal application with a check in the amount of$505.00 2. Plan of Action: I have reviewed the six deficiencies in your letter dated August 2, 2016. I have visited the site and contacted the individuals needed to make the corrections requested. 3. My plan is to begin within the next ten days. Most of the site corrections will be completed by October 15, 2016. The reseeding and water treatment will be completed by November 10, 2016. 4. It is my intention to have the final report and Engineer Certification to your Office by November 23, 2016. Sincerely yours, Gary A M&cer Mercer Building& Design Inc 106C Professional Park Dr Beaufort NC 28516 0: 1-252-728-6636 C: 1-252-723-7811 Pusey, Steven From: Scott, Georgette Sent: Wednesday,August 31, 2016 10:58 AM To: Pusey, Steven Subject: FW: SW8970925 Pollard Property (Courtyard West) Importance: High Steve, I spoke with Mr. Wall today about this project. Apparently Mr. Mercer has contacted the HOA and wants to meet with them about getting the non-compliance corrected. I asked him to send us an email letting us know when they will meet with Mr. Mercer and when we can expect a plan of action based on their negotiations. I did let Mr. Wall know that he needed to let Mr. Mercer know that his priority one on the plan of action needs to be renewal of the permit. Please put this email in the file. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax(910) 350-2004 Georgette.Scott(ncden r.a ov 127 Cardinal Drive Ext. Wilmington, NC 28405 10 --,1-14ot-'ling Compares_-- Email corn ponder?ce to and tiorn this address is subject to aie North Caroline Public Re. o:ts Lau and may be disclosed to third parties. From: Bevin W. Wall [mailto:bwall@bevinwall.com] Sent: Monday,August 29, 2016 12:17 PM To:Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE:SW8970925 Pollard Property(Courtyard West) Ms. Scott, I left a voicemail message with you today. I am in receipt of a copy of the noncompliance letter in the above matter. I wanted to speak with you by phone briefly before a setting a meeting between my client (the HOA) and Mr. Mercer (the permittee). As is his modus operandi, Mr. Mercer has waited until the last minute to contact us... Bevin Bevin W. Wall Attorney at Law 7025 Hwy 70, Suite F Ocean Way Plaza P O Box 310 Newport, NC 28570 Tel: (252) 223-4411 Fax: (252) 223-5104 bwall(dU,evinwall.corn Visit our website at www.bevinwall.com This communication, together with any attachments, may contain information that is confidential, proprietary, legally privileged or otherwise exempt from disclosure. If you are not the intended recipient of this communication, you are hereby notified that the distribution, reading, copying or other use of this communication and any attachment hereto is strictly prohibited. if you have received this in error, please reply immediately to the sender and delete or destroy this communication. Thank you for your cooperation. *The Law Offices of Bevin W. Wall, Attorney at Law are designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States, and has proudly assisted consumers seeking relief under the US Bankruptcy Code for over 20 years. Unless a formal attorney-client relationship has been instituted between the attorney and the reader, this email is not intended to be a source of legal advice, the reader should not consider this information to be an invitation for an attorney- client relationship, and should not rely on information provided herein. Moreover, any reader who sends an a-mail to the attorney must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney- client relationship and the reader must have no expectation whatsoever of confidentiality with regard to any information contained in his or her e-mail(s). The use of Internet e-mail for confidential or sensitive information is discouraged. From:Scott, Georgette <georgette.scott@ncdenr.gov> Sent:Tuesday,January 26,2016 4:54 PM To: Bevin W.Wall Cc: Lucas,Annette; Weaver, Cameron Subject: RE:SW8970925 Pollard Property(Courtyard West) Good to know.Thank you for the information. Our next step is a violation notice. From: Bevin W.Wall [mailto:bwall@bevinwall.com] Sent:Tuesday,January 26, 2016 4:06 PM To:Scott, Georgette<georgette.scott@ncdenr.gov> Cc: Lucas,Annette<annette.lucas@ncdenr.gov>;Weaver, Cameron<cameron.weaver@ncdenr.gov> Subject: RE:SW8970925 Pollard Property(Courtyard West) Ms. Scott & Ms. Lucas, Thank you for your assistance on this matter. I have made the association aware of the issue(s) and they have an owner's meeting tonight. I will likely be working with them as they go forward... Gary Mercer is still active in the real estate and construction business in Beaufort, NC: 2 106-C Professional Park Drive Beaufort, NC 28516 ph: 1-800-948-5912 fax: 252-728-1490 Officetamercerrealtvinc.com Bevin W. Wall Attorney ai Law 7025 Hwy 70, Suite F Ocean Way Plaza P O Box 310 Newport, NC 28570 Tel: (252) 223-4411 Fax: (252) 223-5104 bevinwallattornevCc gmail.corn Visit our website at www bevinwall.com This communication, together with any attachments, may contain information that is confidential, proprietary, legally privileged or otherwise exempt from disclosure. If you are not the intended recipient of this communication, you are hereby notified that the distribution, reading, copying or other use of this communication and any attachment hereto is strictly prohibited. If you have received this in error,please reply immediately to the sender and delete or destroy this communication. Thank you for your cooperation. *The Law Offices of Bevin W. Wall, Attorney at Law are designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States, and has proudly assisted consumers seeking relief under the US Bankruptcy Code for over 20 years. Unless a formal attorney-client relationship has been instituted between the attorney and the reader, this email is not intended to be a source of legal advice, the reader should not consider this information to be an invitation for an attorney- client relationship, and should not rely on information provided herein. Moreover, any reader who sends an e-mail to the attorney must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney- client relationship and the reader must have no expectation whatsoever of confidentiality with regard to any information contained in his or her e-mail(s). The use of Internet e-mail for confidential or sensitive information is discouraged. From:Scott,Georgette<georgette.scott@ncdenr.gov> Sent:Tuesday,January 26,2016 3:20 PM To: Bevin W.Wall Cc: Lucas,Annette; Weaver, Cameron Subject: RE:SW8970925 Pollard Property(Courtyard West) Mr. Wall, Originally this permit expired in 2008, however the Governor gave extensions to permittees several years ago. This permittee was sent a notice of the extension in March 2011 letting him know that the permit expiration date was extended until Oct. 1,2012. Another renewal notice was sent to the permittee in Sept. 2011, however renewal applications have not been received from Mr. Mercer. Please be aware that Mr. Mercer is not responding to other correspondence we have sent him on other projects. If you would like more info on this particular project you may call Cameron Weaver(cc'd in email)to set up an appointment to review the file. Since Mr. Mercer has not responded on the renewal request we will be sending out a violation notice. If we can not locate Mr. Mercer we will have to work with the HOA to get the permit in their name so that they are not in violation for discharging stormwater without a valid permit. 3 Please give me a call if you have any questions or concerns. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax(910) 350-2004 Georgette.Scott(a?n cden r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 IITZ Email con-,::spc ,-IA'nc io and from this&ckiross is stibj ct to in North Ccrtiir,E: Ri iic Records 1... t=. and may be disclosed to third 1.srries. From: Lucas,Annette Sent:Tuesday,January 26, 2016 2:30 PM To: bwall@bevinwall.com Cc:Scott,Georgette<georgette.scott@ncdenr.gov> Subject:SW8970925 Pollard Property(Courtyard West) Mr.Wall: I am following up on our phone conversation earlier today. For the above named property, the permittee is out of compliance with state rules for failing to renew the permit,which expired in 2008. The permit holder should contact Georgette Scott at the Wilmington Regional Office (copied above, phone number 910-796-7339)to begin the renewal process. In the meantime,the permittee should adhere to the permit conditions,since permit compliance is required as a condition of permit renewal. Please contact Georgette or me if you have further questions. Thanks, Annette 4 Annette M. Lucas, PE Environmental Engineer NCDEQ DEMLR I Stormwater Program 1612 Mail Service Center, Raleigh, NC 27699-1612 (Mril) 512 N. Salisbury St, Raleigh, NC 27604 I 9th Floor (Loco.6.on ,: Pc:.ro;is) Phone: (919) 807-6381 I Fax: (919) 807-6494 I Email: annette.lucas@ncdenr.gov Website: iittp://portal..ncd.enr.org/web/lr/stormwater Before printing this email,please consider your budget and the environment. 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. Spam Phish/Fraud Not spam Forget previous vote Spam Phish/Fraud Not spam Forget previous vote 5 q 769 2<- • Scott, Georgette /'' r� r "�. , I ,�ri c , 7. P9 C From: Scott, Georgette A r� Q Itt Sent: Tuesday, January 26, 2016 4:54 PM ( c To: 'Bevin W. Wall' Cc: Lucas, Annette; Weaver, Cameron Subject: RE: SW8970925 Pollard Property(Courtyard West) Good to know.Thank you for the information. Our next step is a violation notice. From: Bevin W. Wall [mailto:bwall@bevinwall.com] Sent:Tuesday,January 26,2016 4:06 PM To:Scott, Georgette<georgette.scott@ncdenr.gov> Cc: Lucas,Annette<annette.lucas@ncdenr.gov>;Weaver,Cameron<cameron.weaver@ncdenr.gov> Subject: RE:SW8970925 Pollard Property(Courtyard West) Ms. Scott & Ms. Lucas, Thank you for your assistance on this matter. I have made the association aware of the issue(s) and they have an owner's meeting tonight. I will likely be working with them as they go forward... (Gary Mercer is still active in the real estate and construction business in Beaufort, NC: 106-C Professional Park Drive Beaufort, NC 28516 ph: 1-800-948-5912 fax:252-728-1490 Office(a�mercerrealtvinc.com Bevin W. Wall Attorney at Law 7025 Hwy 70, Suite F Ocean Way Plaza P O Box 310 Newport, NC 28570 Tel: (252) 223-4411 Fax: (252) 223-5104 b svif virallciorrmeypprnail.coin Visit our website at www.bevii we! co.n This communication, together with any attachments, may contain information that is confidential, proprietary, legally privileged or otherwise exempt from disclosure. If you are not the intended recipient of this communication, you are hereby notified that the distribution, reading, copying or other use of this communication and any attachment hereto is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete or destroy this communication. Thank you for your cooperation. *The Law Offices of Bevin W. Wall, Attorney at Law are designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States, and has proudly assisted consumers seeking relief under the US Bankruptcy Code for over 20 years. 1 ii'P - Pc ® 3? Sr Unless a formal attorney-client relationship has been instituted between the attorney and the reader, this email is not intended to be a source of legal advice, the reader should not consider this information to be an invitation for an attorney- client relationship, and should not rely on information provided herein. Moreover, any reader who sends an a-mail to the attorney must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney- client relationship and the reader must have no expectation whatsoever of confidentiality with regard to any information contained in his or her e-mail(s). The use of Internet a-mail for confidential or sensitive information is discouraged. From:Scott,Georgette<georgette.scott@ncdenr.gov> Sent:Tuesday,January 26, 2016 3:20 PM To: Bevin W.Wall Cc: Lucas,Annette;Weaver,Cameron Subject: RE:SW8970925 Pollard Property(Courtyard West) Mr. Wall, Originally this permit expired in 2008, however the Governor gave extensions to permittees several years ago. This permittee was sent a notice of the extension in March 2011 letting him know that the permit expiration date was extended until Oct. 1,2012. Another renewal notice was sent to the permittee in Sept. 2011, however renewal applications have not been received from Mr. Mercer. Please be aware that Mr. Mercer is not responding to other correspondence we have sent him on other projects. If you would like more info on this particular project you may call Cameron Weaver(cc'd in email)to set up an appointment to review the file. Since Mr. Mercer has not responded on the renewal request we will be sending out a violation notice. If we can not locate Mr. Mercer we will have to work with the HOA to get the permit in their name so that they are not in violation for discharging stormwater without a valid permit. Please give me a call if you have any questions or concerns. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office(910)796 7215 Fax(910) 350-2004 Geo rgette.ScottCa�ncden r.g ov 127 Cardinal Drive Ext. Wilmington, NC 28405 -2^Nothing Compares--_, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may he disclosed to third parties. 2 From: Lucas,Annette Sent:Tuesday,January 26,2016 2:30 PM To: bwallt bevinwall.com Cc:Scott, Georgette<georgette.scott@ncdenr.gov> Subject: SW8970925 Pollard Property(Courtyard West) Mr. Wall: I am following up on our phone conversation earlier today. For the above named property,the permittee is out of compliance with state rules for failing to renew the permit,which expired in 2008. The permit holder should contact Georgette Scott at the Wilmington Regional Office (copied above, phone number 910-796-7339)to begin the renewal process. In the meantime,the permittee should adhere to the permit conditions,since permit compliance is required as a condition of permit renewal. Please contact Georgette or me if you have further questions. Thanks, Annette Annette M. Lucas, PE Environmental Engineer NCDEQ I DEMLR Stormwater Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 19th Floor (Location & P rceh Phone: (919) 807-6381 I Fax: (919) 807-6494 I Email: annette.lucas@ncdenr.gov Website: htt ://portal.ncdenr.org/web/lr/stormwater Before printing this email,please consider your budget and the environment. 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. Spam Phish/Fraud Not spam Forget previous vote 3 Avre NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 2, 2011 Mr. Gary Mercer, President Mercer Building Company 106B Professional Park Drive Beaufort, NC 28516 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No.SW8 970925 Pollard Property Carteret County Dear Mr.Mercer: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 970925 to Mercer Building Company for a High Density project on October 1, 1998,with a Permit Extension letter issued on March 3, 2011.This permit expires on October 1, 2012. Per 15A NCAC 2H.1003(h)(the stormwater rules),applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application prior to April 1,2012. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership,which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit,the approved plans,specifications and supporting documentation. If you have not already provided a Designer's Certification to our office, please include a copy with your permit renewal request and processing fee. A copy of the certification form is enclosed for your convenience. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to$10,000 per day. If you have any questions,please feel free to contact David Cox at(910)796-7318. Sincerely, efit 74 Georgette Scgtt Stormwater Supervisor GDS/dwc S:IWQS\Stormwater\Permits&Projects119971970925 HD12011 09 req_ren 970925 cc: Wilmington Regional Office File encl. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 Phone: 910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer to NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 3, 2011 Mr. Gary Mercer, President Mercer Building Company 106B Professional Park Drive Beaufort, NC 28516 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Permit#SW8 970925 High Density — Pollard Property Carteret County Dear Mr. Mercer: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010- 177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit# SW8 970925 which has already expired on October 1, 2008, is now in effect until October 1, 2012. Please resubmit the renewal application and fee at least 180 days prior,to October 1, 2012, which would be April 1, 2012. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/suistatesw/forms_docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality S:IWQS\STORMWATER\RENEWAL1SL2009-406 2010-177\970925.mar11 cc: • Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 North Carolina Internet:www.ncvaterqucl ty.org ,Naturally An Equal Opportunity\Affirmative Action Employer 0�0*W ArqQG Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources .4167.4 Coleco IL Sullins Director Division of Water Quality July 22,2008 Mr. Gary Mercer, President Mercer Building Company 106B Professional Park Drive Beaufort, NC 28516 Subject: Stormwater Permit No. SW8970925 Pollard Property Carteret County Dear Mr. Mercer. The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8970925 to Pollard Property for High Density Subdivision Stormwater Project on October 1, 1998. This permit expires on October 1, 2008. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at$505.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification.Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to tact us at 910-798-7215. Stot,p0.9(sotfec Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office ditiethcarorina a y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet www.ncwateroualitv.org Fax (910)350-2004 1.877-623-6748 fwA.7 O R Michael F.Easley,Governor O� 4G F William G.Ross Jr.,Secretary j r- North Carolina Department of Environment and Natural Resources o 'C Alan W.Klimek,P.E.Director Division of Water Quality December 19,2006 Mr. Keith D.Walker, Member/Manager Castle Glen, LLC 315 Turner Street Beaufort, NC 28516-1386 Subject: Stormwater Permit No. SW8 061111 Castle Glen Apartments Project served by an Offsite System Permit No. SW8 970925, Pollard Carteret County Dear Mr.Walker: The Wilmington Regional Office received a.complete Stormwater Management Permit Application for Castle Glen Apartments on November 14, 2006 with additional information received on December 4, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 061111, dated December 19, 2006,for the construction of the subject project. This permits-and associated documents is re-issued on December 19, 2006 to the applicant since Mr. Walker did not receive the December 5,2006 version that was mailed. -This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance notifications. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60)days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Mary Jean Na gle or me at(910)796-7303. Sincer ,7y 11 GizAZ___ Ed Beck - Regional Supervisor Surface Water Protection Section ENB/mjn: S:1WQSISTORMWAT\PERMIT1061111 Dec 19 06 cc: Barry R. Guise, P.E. • Carteret County Building Inspections Gary Mercer, President, Mercer Building Company, 106 B Professional Park Drive, Beaufort, NC 28516, Re: SW8 970925-Pollard M.J. Naugle Wilmington Regional Office Central Files N of Caro ina �tural�lrl North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterouality.org Fax (910)350-2004 1-8 77-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper State Stormwater Management Systems Permit Number SW8 061111 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF-SITE STORMWATER CONTROL 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 Keith D. Walker,.Member/Manager and Castle Glen, LLC Castle Glen Apartments Chatham St. (SR9247) at New Bern St. Carteret County FOR THE construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility, 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 ata as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The stormwater runoff from the site will be routed to Pollard Property offsite stormwater system with wet detention pond operated and maintained by Gary Mercer and Mercer Building Company under the terms and conditions set forth in Permit No. SW8 970925. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: 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. The runoff associated with this project has been approved to be discharged into a stormwater management system permitted under SW8 970925, as described in Section I (6) on page 3 of this permit. 3. The built-upon area allotted to this development by Stormwater Management Permit No. SW8 970925, is 165,833 square feet for Tracts 1 through 4. This project proposes 91,600 square feet. Page 2 of 7 State Stomiwater Management Systems Permit Number SW8 061111 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. 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. 6. The runoff from the permitted built-upon area in Tracts 1 through 4 must be directed into the permitted stormwater pond and system under SW8 970925. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Project Name: Pollard Property b. Permit Number: SW8 970925 c. Location: Carteret County d. Applicant: Mr. Gary Mercer, President e. Mailing Address: Mercer Building Company 106 B Professional Park Drive Beaufort, NC 28516 f. Total Impervious Surfaces, ftz: 985,329 Tracts 6 & 7 (12 lots at 3,500), ftz: 42,000 Tract 9 Roads, ft2 43,900 Tracts 1-4, ft2 165,833 Castle Glen Tract 5 (Courtyard West), ft2 235,747 (Includes 28,243 ft2 future) Tract 8, ft2 328,400 Offsite, ft2 169,449 Offsite Area entering Pond, ftz: 10.4 acres, per Engineer g. Pond depth, feet: 6 h. TSS removal efficiency 90% i. Design Storm: 1 .inch j. Permanent Pool Elevation, FMSL: 5 k. Permitted Surface Area @ PP, sq ft: 51,938 I. Permitted Storage Volume, cu ft: 114,576 m. Storage Elevation, FMSL: 7.098 n. Controlling Orifice: 4 inch pipe o. Receiving Stream/ River Basin: Deep Creek p. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE 1. The offsite stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built- upon surface associated with this project. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee is responsible for keeping the stormwater collection system on the lot clear of debris, and keeping the site stabilized in accordance with the requirem ents of the NC Erosion and Sediment Control Design Manual. 4. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 3of7 OFWATF `O� 9QG Michael F.Easley,Governor 'IF— William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 0 1 Alan W.Klimek,P.E.Director Division of Water Quality December 8, 2006 r„ 0 FIE COPY Mr; Gar}4'Mercer, President Mercer Building Company 106B'Professional Park Drive Beaufort, NC 28516 Subject: REQUEST FOR ENGINEER'S CERTIFICATION Stormwater Project No. SW8 970925 Pollard Property Carteret County Dear Mr. Mercer: This memo is being resent since the first try had the wrong address. On October 1, 1998, the Division of Water Quality issued a Stormwater Management Permit to you for the subject project. Per the terms and conditions of the permit, and Stormwater Regulation 15A NCAC 2H.1008(j), which stipulates the following: "Upon completion of construction, the designer for the type of Stormwater system installed must certify that the system was inspected during construction, was constructed in substantial conformity with plans and specifications approved by the Division and complies with the requirements of this Section prior to issuance of the certificate of occupancy." As of this date, our records indicate the required engineer's certification with checklist has not been received for completion of all stormwater systems. Although engineer reviews have been submitted to this office dated December 3, 1998, the engineer indicated there were items being addressed. We have not received an engineer's certification that the stormwater system is in compliance as designed with the checklist. Operation of the stormwater system prior to submission of the required certification is a violation of NCAC 2H.1008(j) in accordance with NCGS 143-215.6. Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. Please submit the attached certification by December 19, 2006. Failure to submit the certification is considered a violation of the permit, and is subject to enforcement action, per NCGS 143-215.6A. DWQ has received an application for an off-site stormwater permit to Castle Glen Apartments from Mr. Keith D. Walker and that permit may not be issued until the engineer's certification is received for compliance of the stormwater pond and system. Please submit a change of address form to this office with your updated contact information. (Attached) If you have any questions concerning this matter, please call me at (910) 796-7303. Sincerely, L///niz u Mary Je n411augle J ENB/mjn: S:IWQSISTORMWATIPEREQ1970925 dec 8 06 cc: Mr. Keith D. Walker, Castle Glenn, LLC Barry R. Guise, P.E. ESP Associates, P.A. Carteret County Inspections Mary Jean Naugle N�°n�e,Caro' a Central Files ,Naturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.org Fax (910)350-2004 1-877-623-6748 • An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Stormwater Permit No. SW8 970925 Pollard Property Carteret County Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure and is clean and free of obstructions. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans and free and clear of obstructions and in good working order. 12. All required design depths are provided and free and clear of sediment. 13. All required parts of the stormwater system are provided, such as a vegetated shelf, forebay, and vegetated filter and are in good working order. 14. The dimensions of the system, as shown on the approved plan are provided. cc: Carteret County Building Inspections NCDENR DWQ Regional Office 3 Stormwater Permit No. SW8 970925 Pollard Property Carteret County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/ full time) the stormwater system of the project, Pollard Property, for Mr. Gary Mercer, President, Mercer Building Company, (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project such that the construction and / or maintenance was observed to be within substantial compliance and intent of the approved calculations, plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications are: SEAL Signature Registration Number Date 2 (} A4,0 Michael F.Easley,Govcmor ,S!'1' 94, William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources " Alan W.Klimek,P.E.Director �••i Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C N C G II. Permit status prior to status change. a. Permit issued to(company name): b. Person legally responsible for permit: First / MI / Last Title Permit Holder Mailing Address City State Zip ( ) ( ) Phone Fax c. Facility name(discharge): d.Facility address: Address City State Zip e. Facility contact person: ( ) First / MI / Last Phone III. Please provide the following for the requested change(revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner • If other please explain.- b. Permit issued to(company name): c. Person legally responsible for permit: First / MI / Last Title Permit Holder Mailing Address City State Zip ( ) Phone E-mail Address d. Facility name(discharge): e. Facility address: Address City State Zip f. Facility contact person: First / MI / Last ( ) Phone E-mail Address Revised 7/2005 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: First / MI / Last Title Mailing Address City State Zip ) Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ❑ Yes ❑ No(please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION(Permit holder prior to ownership change): I' , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. • Signature Date APPLICANT CERTIFICATION: I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 7/2005 RE:Mercer address Subject: RE: Mercer address From: "Barry Guise" <bguise@espassociates.com> Date: Fri, 8 Dec 2006 05:54:24 -0800 To: "Mary Jean Naugle" <Mary.Naugle@ncmail.net> CC: "Tim Price" <tprice@espassociates.com>, "Monica Loughlin" <mloughlin@espassociates.com> Hello there! I have received 106B Professional Park Drive in Beaufort, NC 28516 from my client. They must have moved since they applied for their permit in 1998. Barry R. Guise, P.E. ESP Associates, P.A. 2120-B Capital Drive Wilmington, NC 28405 910-313-6648 Phone 910-'313-6823 Fax 910-279-2539 Cell bguise@espassociates.com www.espassociates.com Original Message From: Mary Jean Naugle [mailto:Mary.Nauglecncmail.net] Sent: Thursday, December 07, 2006 3:29 PM To: Barry Guise Subject : Mercer address Barry; Please provide the correct address for Mr. Gary Mercer. The address on his permit for SW970925 is 1301 Lennoxville Road, Beaufort, NC 28516, and the mail sent to him was returned with incorrect address. thank you, Mary Jean Naugle NC DENR Express Permitting -WiRO 1 of 1 12/8/2006 9:57 AM o i° Q)oc I N OD �_/ N 111/ 1 i088 �1 a f t!I NT 0 si <C"13 19 g .... W Ow -.J • "' ~o.•r, 11' u ❑ W CO3 *14110 CO3a W 0 WI y3sa o r y 41... C m m 0 O c FZEa co O. J LU rn E -d=J 'ill o ,L2�om - L U a) Z~oo= a)• 'O x i m a O sS Uc- 0 03 a) O a) 2 . � m •%„) f i „, si 40 01 r 0 � w . u)ci) ' N x Z CD W N WDWL 0 Z v o N c -i 0 V E 0r � 0'‘I��W A 7F9i Michael F.Easley,Governor ' ac) William G.Ross Jr.,Secretary > r_ North Carolina Department of Environment and Natural Resources •0 - - 'C Alan W.Klimek,P.E.Director 6i Division of Water Quality December 1, 2006 Mr. Gary Mercer, President Mercer Building Company 1301 Lennoxville Road Beaufort, NC 28516 Subject: REQUEST FOR ENGINEER'S CERTIFICATION Stormwater Project No. SW8 970925 Pollard Property Carteret County Dear Mr. Mercer: On October 1, 1998, the Division of Water Quality issued a Stormwater Management Permit to you for the subject project. Per the terms and conditions of the permit, and Stormwater Regulation 15A NCAC 2H.1008(j), which stipulates the following: "Upon completion of construction, the designer for the type of Stormwater system installed must certify that the system was inspected during construction, was constructed in substantial conformity with plans and specifications approved by the Division and complies with the requirements of this Section prior to issuance of the certificate of occupancy." As of this date, our records indicate the required engineer's certification has not been received for completion of all stormwater systems. Although engineer reviews have been submitted to this office dated December 3, 1998, the engineer indicated there were items being addressed. We have not received an engineer's certification that the stormwater system is in compliance as designed. Operation of the stormwater system prior to submission of the required certification is a violation of NCAC 2H.1008(j) in accordance with NCGS 143-215.6. Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. Please submit the attached certification by December 19, 2006. Failure to submit the certification is considered a violation of the permit, and is subject to enforcement action, per NCGS 143-215.6A. DWQ has received an application for an off-site stormwater permit to Castle Glen Apartments from Mr. Keith D. Walker and that permit may not be issued until the engineer's certification is received for compliance of the stormwater pond and system. If you have any questions concerning this matter, please call me at (910) 796-7303. Sincerely, 092atti,-- 72a/L_Citt.i.. 9-f_ _('_ Mary Je n augle ENB/mjn: S:IWQSISTORMWATIPEREQ1970925 dec06 cc: Mr. Keith D. Walker, Castle Glenn, LLC Barry R. Guise, P.E. ESP Associates, P.A. Carteret County Inspections Mary Jean Naugle Central Files or Carolina NNaturally. North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Stormwater Permit No. SW8 970925 Pollard Property Carteret County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/ full time) the stormwater system of the project, Pollard Property, for Mr. Gary Mercer, President, Mercer Building Company, (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project such that the construction and /or maintenance was observed to be within substantial compliance and intent of the approved calculations, plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications are: Signature SEAL Registration Number Date 2 Stormwater Permit No. SW8 970925 Pollard Property Carteret County Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure and is clean and free of obstructions. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans and free and clear of obstructions and in good working order. 12. All required design depths are provided and free and clear of sediment. 13. All required parts of the stormwater system are provided, such as a vegetated shelf, forebay, and vegetated filter and are in good working order. 14. The dimensions of the system, as shown on the approved plan are provided. cc: Carteret County Building Inspections NCDENR DWQ Regional Office 3 P. 1 * * * COMMUNICATION RESULT REPORT ( OCT.16.2001 3:35PM ) TTI NCDENR WIRO -ILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 571 MEMORY TX 89103461210 OK P. 8/8 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 0 « -0/ No. Of Pages: To: �' From: j)o-e,Ct er CO: _— CO: FAX #:_1i6 Aist o. FAX#: 910- 2004 REMARKS: 127 Cardinal Drive Ezteneion,Wilminglo,V.C.28405.38.15 Telephone(910)395-3900 lax(910)350.2004 An Equal Oppnrtanily Allirmnttve Aetion Employer STROUD ENGINEERING, P.A. =. !' HESTRON PLAZA TWO '--- `,W 151—A HWY.24 V MOREHEAD CITY NORTH CAROLINA 28557 1 (252)247-7479 February 24, 2001 Mr. Rick Shiver N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 re: Pollard Property Stormwater Project No. SW8 970925 Notice of Violation Your Letter Dated- January 25, 2001 to Mr. Gary Mercer, Mercer Building Company Dear Mr. Shiver, I have been forwarded a copy of your letter referenced above and made a site visit with Mr. Mercer. The forebay has had accumulated sediment removed from the forebay. The swales are being reconstructed and seeded. Previously established erosion control devices are being reconstructed. We will continue to monitor the approach swales and ensure that permanent vegetation is established. We would request a joint inspection with your staff in early April to ensure compliance. This should allow a sufficient duration for new seed germination. If we can provide any additional information, please let us know. Sincerely, 4 l i' ,.; °;o°, , R aid D. Cullipher, P.E. fie. Gary Mercer ` .:- �iti Scott Vinson, NCDWQ `"�' u. `'°� ..�0.0.0 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102—D CINEMA DRIVE 151—A HWY.24 GREENVILLE, NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 STROUD ENGINEERING, P.A. d1EU4Ri OV lJ RACI@PAUV4L 1 Hestron Plaza Two 151-A Hwy. 24 , T''"'ET .t.`. 1 MOREHEAD CITY, NC 28' 57'--- I I DEC 0 1 DATE...,NC. 3 I ciet S JOB 1 M 3a -q (919) 247-7479 s ATTENTION nI _, rr• LI,�oA LEWIS TO NC V E hl K, PA/. a cr tut . RE: 121 Card i Ira I I>I V-e E7cteVis I pvi i�I1 Ate TV/MAI WI l Iml /1 , Nc 2E31-05-334-5 ARE SENDING YOU 0Attached 0 Under separate cover via the following items: > ❑ Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications ❑ Copy of letter 0 Change order 0 COPIES DATE NO. DESCRIPTION 1 E►acklatC S GV.:T 1F►CA-no,.l ! 1ZES--ct‘cr1‘)a eves A,•WTS COLA'TA WEST AlA I —eE5T'Q,ctij( 'LJQnRPPTS Watsts LA f0h3 -SC 5ubelA1iSa00 THESE ARE TRANSMITTED as checked below: ❑ For approval 0 Approved as submitted 0 Resubmit copies for approval 0 For your use u Approved as noted 0 Submit copies for distribution > O As requested 0 Returned for corrections 0 Return corrected prints ❑ For review and comment 0 O FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: Weit,/,-"(1:4- If enclosures are not as noted,kindly notify us at once. State Stormwater Management Systems Permit No. SW8 970925 Pollard Property Stormwater Permit No. SW8 970925 Carteret County Engineer's Certification I, n C u l l i ph e/( , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to obsery eriodica weekly/full time)the construction of the project, -Poi laird Pro (Project) ( ) for Gar , " 1 Q., (Project Owner)hereby state that,to the best of my abilities, due care and diligence vhls used in the observation of the project construction such that the construction built within substantial compliance and intent of the approved plans and specifications, was observed to be Noted deviations from approved plans and specifications: -7-12 asi4 Ulm w&s gE»G xX)STVA L, tr p RAP CAMS TgE7>u G Puicm. Signature e3 oecOciar � SEAL .. '13343 • •. Registration Number )33 •• Date 2.i 3bZ - 7 State Stormwater Management Systems Permit No. SW8 970925 Pollard Property Stormwater Permit No. SW8 970925 Carteret County Engineer's Certification I O n Oad /• Cull tph ei( ,as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observeriodicweekly/full time) the construction of the project, ?cJ lard Pro (Project) J ) for Go.r , " 1 trove (Project Owner)hereby state that,to the best of my abilities,due care and diligence v s used in the observation of the project construction such that the con built within substantial compliance and intent of the approved plans and specification�ctton was observed to be specifications. Noted deviations from approved plans and specifications: —7-12AS14 EAGK. WAS 86)06 2!0 AND Yti C.r'7' RAP CAMS list!1U G PLACta o Signature t3s.‘aP .CLaigAt Q� SEAL 1334,3 3 Registration Number � � • Date 12a 31ec)z BRYANT, STANLEY & FONDRY ATTORNEYS AT LAW REcE 113 TURNER ST. POST OFFICE BOX 150 NOV 7 BEAUFORT,NC 28516 1998 TELEPHONE 252-728-7200 FAX 252-728-3681 B� E-MAIL rstanley@mail.clis.com RICHARD L.STANLEY EMERALD ISLE OFFICE MARGARET P.FONDRY 7701D EMERALD DR. EMERALD ISLE,NC 28594 ALFRED S.BRYANT TELEPHONE 252-354-5990 OF COUNSEL FAX 252-354-3372 November 10, 1998 Mr. Rick Shiver Water Quality Regional Superviser State of North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Stormwater Permit Numb r SW89709::::) Pollard Property Gary Mercer and Mercer Building Company Dear Mr. Shiver: I have enclosed a copy of the proposed Covenants for Lots 1 through 12 of Woodlands V Subdivision which constitute Tracts 6 and 7 of the Stormwater Permit Application and Permit as issued by your Department on October 1, 1998 . These Covenants will be recorded as soon as the final subdivision plat is ready for recordation, and your office will be submitted a recorded copy of the same. Please contact either the undersigned or Gary A. Mercer if you have any questions regarding these Covenants. Sincerely yours, 11 ) Richard L. Stanley RLS:srm cc Gary A. Mercer Enclosure Prepared by: Richard L. Stanley P.O. Box 150 Beaufort, N.C. 28516 STATE OF NORTH CAROLINA PROTECTIVE COVENANTS AND RESTRICTIONS FOR WOODLANDS V SUBDIVISION COUNTY OF CARTERET THESE PROTECTIVE COVENANTS AND RESTRICTIONS made this day of , 1998, by Mercer Building Company, a North Carolina Corporation, 1301 Lennoxville Road, Beaufort, North Carolina, said Protective Covenants and Restrictions for Woodlands V Subdivision being for the use and benefit of all future owners of lots in Woodlands V Subdivision, as the same are identified on that certain plat prepared by Stroud Engineering, Morehead City, North Carolina, for Woodlands V Subdivision dated November , 1998, and recorded in Map Book , Page , Carteret County Registry; WITNESSET H: WHEREAS, Mercer Building Company, hereinafter designated "Developer" , in order to promote a uniform and harmonious development of said lands as a desirable residential community, and so as to provide for the use and maintenance of the subdivision streets, drainage easements, ditches and swales until the same are accepted by the Town of Newport or other public agency having authority of the same, desires to adopt these Protective Covenants and Restrictions for Woodlands V for the purposes herein expressed; NOW, THEREFORE, in order to provide for the forgoing, the Developer does hereby covenant and agree with all persons, firms or corporations now owning or hereafter acquiring any lot within Woodlands V Subdivision, that the use of lots in Woodlands V Subdivision is hereby made subject to the following restrictions, covenants, terms and conditions which shall run with said land and shall be binding on all property owners within said Subdivision and their successors and assigns. SECTION I - DEFINITIONS As used throughout this Declaration, the following terms shall have the definitions set out herein as follows : A. "Developer" shall mean and refer to Mercer Building Company, a North Carolina Corporation, and its successors and assigns . B. "Owner" shall mean and refer to the owner of record of any lot in Woodlands V Subdivision as said lots are shown on the recorded map herein referred to, but excluding those holding an interest in any lot or lots for security purposes. C. "Lot" refers to any of those numbered lots shown on the map of Woodlands V Subdivision recorded aforesaid. SECTION II - COVENANTS AND RESTRICTIONS 1 . Applicability. Lots 1 through 12 as shown on a map of Woodlands V Subdivision referred to above are expressly made subject to the operation of these Covenants . 2 . Reservations . The Developer reserves the right absolutely to change, alter or redesignate the allocated, planned, platted, or recorded use, area, or designation of any of the lots shown on the map Woodlands V Subdivision recorded aforesaid so long as the Developer retains title to the property involved, so long as any changes or alterations are in conformance with the Town of Newport ' s Subdivision and Zoning Ordinances, including, but not limited to the right to change, alter or redesignate roads, utility and drain facilities, and to change, alter or redesignate such other present or proposed lot lines and facilities as may, in the sole judgment of the Developer, be necessary or desirable . 3 . Residential Use. A. All numbered lots shall be used for single family residential purposes only. No structures shall be constructed, altered, placed or permitted to remain on any lot in the subdivision unless the same is a single family residence. B. Mobile homes, trailers, manufactured homes, tents and all other structures of a temporary character are expressly prohibited from being placed, put or maintained on any lot at any time. Provided, this prohibition shall not apply to shelters used by a Contractor or Builder during the construction of a single family dwelling so long as said temporary shelter is immediately removed following completion of the dwelling. As used herein, the term "mobile home" and "manufactured home" shall have those definitions and meanings set forth in G. S. 41-2 . 5, G.S . 143-143 . 9 (6) , and G.S . 143-145 (7) . Provided, that the width and length of a manufactured home or mobile home shall be irrelevant and inapplicable as it is the intent of these covenants to prohibit manufactured homes and mobile homes of all sizes regardless of length and width. C. Only stick built detached single family homes shall be permitted on any of the lots within the subdivision. However, with prior approval of the Developer or his written designee, a "modular" home which is defined herein as a prefabricated structure having floors, walls, ceilings, or roof composed of sections or panels of varying size which have been fabricated prior to erection on a building foundation may be permitted. However, unless written permission from the Developer or his written designee is obtained, all modular structures are prohibited. D. No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within a permitted accessory building, within a screened area, or buried underground. Provided, the Developer shall be permitted to erect, place or permit the placement of tanks or other apparatus within the subdivision for uses related to the provision of water and other utilities to the subdivision and adjoining lands . E. A guest• suite or like facility may only be included on a lot if attached to or as a part of the main dwelling, but such suite may not be sold, rented or leased except as part of the entire premises including the main dwelling. 4 . Minimum Building Requirements . A. No residential structure shall be constructed on any of the residential lots unless the residential structure shall contain a minimum of 1, 050 square feet of enclosed dwelling area for each residential structure. For any dwelling containing more that a single story, the first story must contain a minimum of 725 square feet and the total enclosed dwelling area for the dwelling containing more than one story must contain a minimum of 1, 050 square feet . As used herein the term "enclosed dwelling area" shall mean the total enclosed heated area within a dwelling, excluding garages, terraces, decks, unenclosed porches, and similar areas . B. No building shall be erected or allowed to remain on any lot in said subdivision within 30 feet of the street abutting the front of each lot or within 10 feet of any side line of each lot, or within 20 feet of the rear lot line, or as said set backs may be shown on the recorded maps of the Subdivision, whichever is the greater amount of set back. As to a corner lot with two sides adjoining a street, the front set back shall be 30 feet and the side set back for the other side line adjoining the street shall be 20 feet . C. The exterior of all houses and other structures must be completed within twelve (12) months after construction is commenced, except under such circumstances where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities . D. Each lot owner shall provide receptacles for garbage and trash in a screened area not generally visible from the road giving access to the premises, or shall provide underground trash and garbage receptacles or similar facilities. All fuel tanks and wood piles shall be enclosed within a fence, wall or plant screen so that the same shall not be visible from any street or residence in the Subdivision. 3 E. Each lot owner shall provide space for parking two motor vehicles off the street prior to the occupancy of any dwelling constructed on said lot and motor vehicles shall not be parked on the streets within said Subdivision. F. Each lot owner shall be permitted to build, erect or maintain not more than one detached outbuilding on any lot not exceeding two stories in height to be used as a private garage, storage or utility building in connection with the primary residential structure on the lot; Said detached building shall not be used for any activity normally conducted as a business. Said detached building shall not be constructed prior to the construction of the main dwelling, and said detached building shall comply with all of the set back requirements setforth herein for the main dwelling. Additionally, said detached building shall be built of the same quality and type of materials and its design shall be in a manner compatible with the main dwelling house located on the lot . Said outbuilding shall be located no closer to the street on which the lot fronts than the single family dwelling located thereon. G. Clothes lines, television satellite dishes and television and radio antennas and other kinds of free standing communication devices are expressly prohibited except in accordance with this paragraph. All clothes lines shall be located on the rear side of the house opposite the front street line and shall not extend in width beyond the ends of the residential structure. No television or radio antennas or any other kinds of free standing communication devices shall be permitted within the subdivision, unless concealed from view inside a residence. Additionally, not more than one satellite dish not exceeding eighteen inches in diameter shall be permitted, and all satellite dishes shall be installed so as to be concealed from view from the street and other lots . Any satellite dish so installed shall be appropriately screened with wooden fencing and/or vegetation and foliage so that no part of the satellite dish may be seen or observed from the street or from other lots . H. All garbage, trash and debris shall be placed in cans and containers approved by the Town of Newport for the disposal of trash, and except for the day of pickup, shall remain to the rear of the residential dwelling so that the same may not be seen or observed from the street . I . All driveways leading from any of the streets serving access to the Lot as shown on the plat of Woodlands V Subdivision to dwellings and structures constructed on Lots within Woodlands V shall be paved with asphalt, concrete, paving brick or other materials as approved by the Developer or its written designee. The paving of driveways with gravel or marl is prohibited unless otherwise approved in writing by the Developer or its written designee. 4 J. No campers, recreational vehicles, travel trailers, or commercial trucks exceeding one ton shall be parked at any time on any lot for any purpose unless it is located behind the residential dwelling or inside the carport or garage located on the lot . K. The only permitted access to each lot from any of the streets or roads within the Subdivision shall be over a culvert placed or constructed within the right of way ditching or swales meeting the Town of Newport and/or the North Carolina Department of Transportation' s specifications. No lot owner shall fill in or alter any of the drainage ditches, swales or drainage easements without the written approval of the Developer, the Town of Newport and the State of North Carolina. Additionally, each lot owner shall be responsible for the clean out and maintenance of the ditches, swales and drainage easements located on or adjoining his lot or lots . L. Restrictions Against Fencing. No fence may be erected nearer the front lot line of a lot than the front face of the dwelling located on such lot, except for decorative wood or vinyl fences used, for example, to define an entry courtyard. Prior to the construction of such fence the owner must obtain the express written permission of the Architectural Committee. No fence which exceeds six feet in height may be erected on any other portion of the lot . No fence may be erected within any area reserved within this Declaration or as set forth on the recorded map of the subdivision as an easement area, unless approved by the Architectural Committee in writing. All fences must be of wood or vinyl construction. No metal or chain link fences shall be permitted. M. Architectural Committee. No building shall be erected, placed or altered on any lot in said subdivision, nor shall any improvements be made to the lot, including the placement of fences and outbuildings, until the building plans, specifications, and plots showing the location of such building, have been approved in writing by an architectural committee composed of the developer or its assigns. The developer shall have the right to control or assign this function so long as it owns a lot in the subdivision. Should developer decide not to control this function, then it shall give notice to all lot owners by mail dissolving such committee. The Committee shall not approve plans if they are in violation of these covenants. In the event said Committee fails to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, such approval will not be required and this covenant will be deemed to have been fully complied with. N. Mailboxes. All mailboxes, except those provided by the Developer are required to be first approved by the Architectural 5 Committee. Separate newspaper boxes or outlets are expressly prohibited. 5 . Nuisances, Inoperable Vehicles, Etc. A. No inoperable, unserviceable, unlicensed, junked or abandoned vehicles, appliances or other assorted junk and useless materials and trash may be kept on any lot except that the owner shall be permitted to locate entirely within the garage not more than one motor vehicle for necessary repairs or maintenance so as to make the same operable. B. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood. No horses, ponies, animals or livestock of any kind shall be raised, breed, or kept on any of the lots, except that dogs, cats or household pets may be kept so long as they are not kept, breed or maintained for any commercial purpose and provided the household pets do not become an annoyance or nuisance to the neighborhood. C. All buildings, structures and their appurtenances shall be maintained in a reasonable state of repair. In the event of damage to a building or other structure by fire or other casualty, the exterior of a building or structure shall be repaired within six (6) months or the building structure shall be demolished and the premises cleared of debris within six (6) months of the date the damage occurred. 6 . Signs. No sign of any character shall be displayed on any lot except for a property identification sign not exceeding two square feet, and "for sale" or "for rent" signs not exceeding six square feet in size each. Provided, nothing herein shall prohibit the Developer from erecting, placing or maintaining such signs as may be deemed necessary or appropriate by the Developer for carrying out the Developer' s development of the Subdivision. 7 . Subdividing. Except as to any lot still owned by the Developer, no lot shall be further subdivided, or its boundary lines changed, except with the prior written consent of the Developer. Likewise, no lot shall be used as a street, road, lane, way or easement over which access may be obtained from a Woodlands Subdivision lot to adjacent properties without the specific written consent of the Developer. In the event the Developer hereafter determines it is necessary to alter or change any boundary lines or lot, then a revised plat of said Subdivision or section thereof subject to the alteration or change shall be recorded, and all such lots thereon shall be subject to the terms and conditions of these covenants . 6 8 . Restrictions on Built-Up Area. In order to ensure continued compliance with the Developer' s stormwater permit issued by the State of North Carolina, no more than 3500 square feet of any Lot, including that portion of the right-of-way between the edge of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. Additionally, no one may fill in or pipe any roadside or lot-line swale, except as necessary to provide a minimum driveway crossing. 9. Easements. A. The Developer reserves unto itself a perpetual, alienable and releasable easement and right-of-way on, over, under, through and upon the ground with men and equipment to erect, maintain, and inspect, repair and use electric, television and telephone poles, wires, cables, conduits, sewers, water mains and electricity, telephone equipment, gas, sewage, water and community utilities or conveniences in and over the front ten feet of each lot and ten feet along one side line of each lot and such other areas as may be shown on the recorded map of the Subdivision, together with the right to cut drainways for surface water whenever action may appear to the Developer to be necessary in or to maintain reasonable standards of health, safety and appearance. These easements and rights-of-way expressly include the right to cut trees, bushes or shrubbery, the grading of the soil, or to take similar actions reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. The Developer further reserves the right to assign said easements to one or more public or private water and/or sewer utility companies for service to each lot in the future. B. The Developer reserves the right to subject the real property in this Subdivision to a contract with Carolina Power & Light Company for the installation of underground electric cables which may require an initial contribution, and/or the installation of street lighting which will require a continuing monthly payment to Carolina Power & Light Company by the owner of each building, until such time as assumed by a governmental agency. C. It shall be the responsibility of each lot owner to keep free and clear any and all drainage easements shown on the recorded map of the Subdivision, and each owner shall in no way obstruct, block or impede the flow of water through said drainage easements . Likewise, each owner shall be prohibited from filling or altering any swales or other drainage or storm water facilities or to otherwise block or impede the flow of water through said facilities. In the event any lot owner should obstruct, block or impede the flow of water through said drainage facilities or swales or allow said obstruction or blockage to remain so as to impede the flow of water, then the Developer, the Town of Newport, or one or 7 more property owners within the Subdivision shall have the right to clear said drainage facilities and swales and to recover from the party responsible the cost of said clearing if said obstruction or blockage were the result of deliberate acts or negligence of the responsible party. D. The right of each owner and his heirs, successors in interest and assigns, with regard to the ownership and enjoyment of the streets, drainage facilities and other easements appurtenant to each lot is subject to the right of the Developer and its successors and assigns, to grant one or more permanent easements and rights of way to the Town of Newport and/or the North Carolina Department of Transportation for the roads, drainage facilities, and other utilities. In accordance with the Town of Newport Subdivision Regulations, the Developer will warrant the streets, drainage facilities and other utilities constructed and placed by the Developer within Woodlands V Subdivision for a period of one year from the date of final subdivision approval by the Town of Newport . At the end of the one year warranty period, the Developer' s responsibility shall terminate with regard to the roads and other utilities except that the Developer may transfer or dedicate the same to the Town of Newport or other public agencies. 10 . Covenants Run with the Land. These Covenants and Restrictions shall run with the land and inure to the benefit of the property owners for a term of twenty-five (25) years from the date these Restrictive Covenants are recorded. Thereafter, said Covenants shall be automatically renewed and extended for successive periods of ten (10) years each. These Covenants and Restrictions may be amended by an instrument executed by not less than two--thirds of the lot owners within said Subdivision. Any amendment must be properly recorded. All covenants herein pertaining to stormwater regulations may not be changed or deleted nor may the drainage easements or drainage plan of the subdivision be altered without the written concurrence or approval of the Division of Water Quality, State of North Carolina Department of Environment and Natural Resources . 11 . Violations . In the event of a violation or breach of any of these Covenants by any lot owner or other person, the Developer or any one or more owners of lots in the Subdivision, or any of them jointly or severally, shall have the right to proceed at law or in equity to compel compliance with the terms and conditions set forth herein and to prevent the violation or breach of these Covenants, and to recover damages as compensation for a breach or violation of these Covenants. Any failure to enforce any right, reservation, or conditions contained in these Covenants, however long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement . 8 12 . Invalidation. The invalidation by a Court or other public agency of any of the provisions of these Covenants shall not in any way affect any of the remaining provisions, and the same shall remain in full force and effect . 13 . Additions to Subdivision. Developer with regard to adjoining properties reserves the right to add additional properties and lots to Woodlands V Subdivision and to submit and bind the same to the terms and conditions of these Covenants by the execution and recordation of amendments to these Covenants submitting future sections and phases . IN WITNESS WHEREOF, the Developer has executed these Covenants on the day and year first above written. MERCER BUILDING COMPANY By: President Attest : Secretary STATE OF NORTH CAROLINA COUNTY OF CARTERET I , a Notary Public of the County and State aforesaid, certify that , personally came before me this day and acknowledged that she is the Secretary of Mercer Building Company, a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and official stamp or seal, this the day of , 1998 . Notary Public My Commission expires: c:\docs\resident.sal\woodlan5.coy 9 001 5 1998 S STROUD ENGINEERING, P.A. 13Y•_____ �� HESTRON PLAZA TWO 151-A HWY.24 MOREHEAD CITY,NORTH CAROLINA 28557 (252)247-7479 October 2, 1998 Ms. Linda Lewis North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 re: Pollard Property SW8 970925 Carteret County Dear Ms. Lewis, We are in receipt of your 7/30/98 correspondence, in accordance with your request no new impervious construction has proceeded. As of September 29, 1998, the wet-detention pond has been constructed, including the outlet structure and seeded. The incoming drainage swales are now being installed so that the pond will begin functioning. Your correspondence crossed in the mail with our resubmittal of your review comments. We hope that this latest submittal finalizes your concern. Your 7/30/98 correspondence requests certification of the pond construction, I'm reluctant to use the normal certification since the final plan has not been officially approved. Please utilize this correspondence as my interim certification that the pond has been constructed in accordance with my design drawings. If you need any additional information, please do not hesitate to call. 7p( R0cerely, 3 �� t'^fir' *vo$SIQ amediOc44 .C Ufa V R nald D. Cullipher, P.E. • V.1343 cc: Gary Mercer � 0' > � �'� 43 107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO SUITE B SUITE A 151-A HWY.24 GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 81/24/2011 11:36 2527281490 MERCER REALTY INC SOSID:0328926 Date Filed:1/24/2011 5:39:00 PM Elaine F.Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C201101300300 ARTICLES OF MERGER Pursuant to North Carolina General Statute Sections 55-11-05(a),55A-11-09(d),SSA-11-04,57C-9A- 22(a),59-73.32(a)and 59-1072(a),as applicable,the undersigned entity does hereby submit the following Articles of Merger as the surviving business entity in a merger between two or more business entities. 1. Thf name of the surviving entity is L a(check one) lY corPoration,t]nonprofit corporation,[]professional corpo on ]1` liability company,[ limited partnership,[]partnership,[]limited liability partnership organized under the laws of 11s ,r __1A I {state or coratby). 2. The address of the surviving entity is: Street Address y 2 c t1go'\\ State t Qr}1'l 1 col__ Zip Code 2 S1.O County eekr te_rt"'1-- (Complete only Vibe surviving brininess entity to a foreign business entity that is not authorised to transact business or conduct Fairs in North Carolina.)The mailing address of the surviving foreign business entity is: . The Surviving foreign business entity will file a statement of any subsequent change in its mailing address with the North Carolina Secretary of State. 3. For Ash merging entity:(f more than one,congilete anseparate a andattach) The of the merged entity is flAraz C y r\fit Y1t. ,a(check oan& (]> corporation,[]professional corpora4 []Iimi liability company,[1 li p ,/ - - ' []!invited liability partnership organized under the laws or r state or country). 4. If the surviving business entity is a domestic business entity,the text of each amendment,if any,to the Articles of Incorporation,Articles of Organization,or Certificate of Limited Partnership within the Plan of Merger is attached. 5. A Plan of Merger has been duly approved in the manner required by law by each of the business entities participating in the merger. 6. These articles will be effective upon filing unless a delayed date and/or time is specified This the a.day of-YbU&y' ,206.),Z Name of&tt � ti `Sin . - • Gtrie15 NOTES: pe or Print Name T is 1. Piling fee is MO for Por.ptotlt entities. 2. Piling fee is$25 for Non-profit amides. 3- This duenment must be filed with the secretary of Stain Certif cate(s)elderger must be registered purest to tbo requirements ofN,C.G.S.Section 47-i11.1 (Revised September 200S) (Ferran 8E4.r} CORPORATIONS DIVISION P.O.BOX 29622 RALE1ON,NC 276264622 SOSID:0328926 Date Filed: 1/27/2015 8:44:00 AM . CD-479(42) Elaine F.Marshall Business Corporation Annual Repc North Carolina Secretary of State . 10-22-13 + CA2015 027 02667 Name of Business Corporation: MERCER BUILDING & DESIGN, INC. - e'Won q Secretary of State ID: 0328926 State of Formation: NC Fiscal Year Ending: 12 1 ' d ❑ 1 hereby certify that an annual report completed in its entirety has been submitted and the information requested beloar(required by NCGS 55-16-22)has not changed and is therefore complete. Section A:Registered Agent's Information I. Name of Registered Agent: GARY A. MERCER 2. Signature of the New Registered Agent: (Signature constitutes consent to the appointment) 3. Registered Office Street Address&County 4. Registered Office Mailing Address 106—C PROFESSIONAL PARK DRIVE 106—C PROFESSIONAL PARK DRIVE CARTERET BEAUFORT NC 28516 BEAUFORT NC 28516 Section B:Principal Office Information . 1. Description of Nature of Business: CONSTRUCTION 2. Principal Office Phone Number 2 5 2—7 2 8—6 6 3 6 3. Principal Office Email: 4. Principal Office Street Address&County 5. Principal Office Mailing Address 106—C PROFESSIONAL PARK DRIVE 106—C PROFESSIONAL PARK DRIVE CARTERET BEAUFORT NC 28516 BEAUFORT NC 28516 Section C:Officers(Enter additional Officers in Section E.) Name: GARY A. MERCER Name: JUDITH S. MERCER Name: Title: PRESIDENT Title: SECRETARY Title: Address: 106—C PROFESSIO Address: 106—C PROFESSIO Address: BEAUFORT BEAUFORT NC 28516 NC 28516 Section D:Certification of Annual Report Section D must be completed in its entirety and signed by a person listed under Section a person signing for an entity listed under Section C. • 7—/-2$ tit Signal:7u must be Signed by an officer of corporation) Date GARY A. MERCER PRESIDENT Print or Type Name of Officer Title I 01/24/2011 11:36 2527281490 IERCER REALTY INC SOSID:0328926 Date Filed: 1/24/20115:39:00 PM Elaine F.Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C201101300300 ARTICLES OF MERGER Pursuant to North Carolina General Statute Sections 55-1 l-05(a),55A-11-09(d), 55.A-11-04,57C-9A- 22(a),59-73.32(a)and 59-1072(a),as applicable,the undersigned entity does hereby submit the following Articles of Merger as the surviving business entity in a merger between two or more business entities. i. Th name of the surviving entity is V e( .{rig 1,� .,a(check one) "c {\ �yorporation,[]nonprofit corporation, [] professional corporation, ]1'.. liability company, [] limited partnership,[]partnership,[]limited liability partnership organized under the laws of 9� r� no,,, 1,5e(state or country). 2. The address of the surviving entity is: Street Address aQ(p C.'P+tx �.�s 3 t�C1t3.�. 11 y 3ea.v co R'-1 Zip Code 2$51io County * re-t—_ (Complete only of the surviving business entity is a foreign business entity that is not authorized to transact business or conduct affairs in North Carolina.)The mailing address of the surviving foreign business entity is: . The Surviving foreign business entity will file a statement of any subsequent change in its mailing address with the North Carolina Secretary of State. 3. For each merging entity:(if more than one, complete on separate sheet and attach) The ame of the merged entity is 1£l(CP7( 1? 1\ QtrmgkO, ,a(check one) [yorporation, []nonprofit corporation,[]professional corporate ,[]limited liability company,[] li it d pa prship, [] limited liability partnership organized under the laws o;' � Xstate or country). 4. If the surviving business entity is a domestic business entity,the text of each amendment,if any,to the Articles of Incorporation,Articles of Organization,or.Certificate of Limited Partnership within the Plan of Merger is attached. 5. A Plan of Merger has been duly approved in the manner required by law by cacti of the business entities participating in the merger. 6. These articles will be effective upon filing unless a delayed date and/or time is specified This the 2P day of rtikti r „.4 20 1,1 • CJ 6—y•Name of Entity • v Signatury 1 - 'h Nuns: �-l_ '-�G .c P ' cle�R pe or Print Name d Title • t. Filing flea Is$50 for For-profit entities. 2 Filing fee is S25 for Non.profit entities. 3. This doaumcnt must be filed with the Secretary of State, Certificate(s)of Merger must be registered pursuant to the requirements ofN.C,G S.Section 47-1it.I (Revised September 2005) (Form DELI CORPORATIONS DIVISION P.O.BOX 29622 RALEiGI-I,NC 27626-0622 8/2/2016 Corporations Division North Carolina 0. } l\ � OF 117- Elaine F Marshall ,.' " �� • Secretary h ECRETARY OF STATE PO Box 29622 Baleegn,NC 27 626-0622 4919)807-21r 3 Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre-Populated Annual Report form Corporate Names Legal: Mercer Building Company Business Corporation Information Sosld: 0094053 Status: Merged Annual Report Status: Current Citizenship: Domestic Date Formed: 4/16/1982 Fiscal Month: December State of Incorporation: NC Registered Agent: Mercer, Gary a Corporate Addresses Mailing: 106 C Professional Park Drive Beaufort, NC 28516 Principal Office: 106 C Professional Park Drive Beaufort, NC 28516 Reg Office: 106 C Professional Park Drive Beaufort, NC 28516 Reg Mailing: 106 C Professional Park Drive Beaufort, NC 28516 Officers President: Gary A Mercer 106 C Professional Park Drive Beaufort NC 28516 Secretary: Judith S Mercer 106 C Professional Park Drive Beaufort NC 28516 Stock Class: COMMON Shares: 100000 Par Value: 1 httpsi/www.sosnc.gov/Search/profcorp/4752725 1/1 SOSID:0328926 Date Filed:5/13/2016 11:59:00 PM CDr47 42) Business Corporation Annual RI Elaine F.Marshall _13 North Carolina Secretary of State CA2016 134 01255 NameofBusinessCorporation: MERCER BUILDING & DESIGN, INC. Secretary of State ID: 0328926 State of Formation: NC Fiscal Year Ending: 12 31 15 ❑ I hereby certify that an annual report completed in its entirely has been submitted and the information requested below(required by NCGS 55-16-22)has not changed and is therefore complete. Section A:Registered Aatent's Information 1. Name of Registered Agent: GARY A A. MERCER 2. Signature of the New Registered Agent: (SignstweoanstlMos consent to the appammmenp) 3. Registered Office Street Address&County 4. Registered Office Mailing Address 106—C PROFESSIONAL PARK DRIVE 106—C PROFESSIONAL PARK DRIVE CARTERET BEAUFORT NC 28516 BEAUFORT NC 28516 Section B:Principal Office Information 1. Description of Nature of Business: CONSTRUCTION • 2. Principal Office Phone Number 2 5 2—7 2 8—6 6 3 6 3. Principal Office Email: 4. Principal Office Street Address&County 5. Principal Office Mailing Address 106—C PROFESSIONAL PARK DRIVE 106—C PROFESSIONAL PARK DRIVE CARTERET BEAUFORT NC• 28516 BEAUFORT NC 28516 Section C:Officers(Enter additional Officers in Section E.) Name: GARY A. MERCER Name: JUDITH S. MERCER Name: Title: PRESIDENT Tide: SECRETARY Title: Address: 106—C PROFESSIO Address: 106—C PROFESSIO Address: BEAUFORT BEAUFORT NC 28516 NC 28516 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. �- - 14 Sipr sm(Form rated be sad by am officer elempareeao) 6019, 04 r. / 9'e .0... -� GARY Al MERCER PRESIDENT Print orType Name dOfficer Tole