HomeMy WebLinkAbout20081562 Ver 1_401 Application_20081008LMG
LAND MANAGEMENT GROUP INC.
'?aw Environmental Consultants
October 7, 2008
TO: Mr. Chad Coburn
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification/NWP 39 Application
Asset Storage; Action ID# 2006-32731-010
Brunswick County, NC
Dear Chad:
PAI
0 8- 1 5 6 2
Enclosed is a 401 Water Quality Certification/NWP 39 application for your review. This
application is submitted on behalf of Mr. Dan Cameron with Asset Storage, LLC for the construction
of phase one of a mini-storage facility located off of Blackwell Road in Belville, NC. The applicant is
proposing to construct two mini-storage buildings (30,900 sf and 26,870 so, an outdoor storage area,
and associated access ways. Because of the extent and location of wetlands within the site, the
proposed site plan would impact 0.35 acre of wetlands. To mitigate for these impacts, the applicant
proposes to buy into the NC EEP and preserve a portion of wetlands and uplands on site.
The Pre-Construction Notification form, maps, site plan, and other materials are enclosed for
your review. Please give me a call if you have any questions. Thank you for your assistance with this
project.
Sincerely,
Kim Williams
Wetland Scientist p? P @ R_ Q W I
Encl. 0 C 19 2008
C: Mr. Dan Cameron, Asset Storage, LLC DENT? - WAI"ER QUALITY
Mr. David Bowman, Bowman Design and Engineering WETLANDS AND STORMWATER BRANCH
Ms. Kim Garvey, ACOE
Mr. Ian McMillan, DWQ
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402
LMG
LAND MANAGEMENT GROUP INC.
"iw Environmental Consultants
October 7, 2008
TO: Ms. Kim Garvey
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: NWP 39 Application; Asset Storage; Action ID# 2006-32731-010
Brunswick County, NC
Dear Kim:
Enclosed is a NWP 39 application for your review. This application is submitted on behalf of
Mr. Dan Cameron with Asset Storage, LLC for the construction of phase one of a mini-storage
facility located off of Blackwell Road in Belville, NC. The applicant is proposing to construct two
mini-storage buildings (30,900 sf and 26,870 sf), an outdoor storage area, and associated access
ways. Because of the extent and location of wetlands within the site, the proposed site plan would
impact 0.35 acre of wetlands. To mitigate for these impacts, the applicant proposes to buy into the
NC EEP and preserve a portion of wetlands and uplands on site.
The Pre-Construction Notification form, maps, site plan, and other materials are enclosed for
your review. Please give me a call if you have any questions. Thank you for your assistance with this
proj ect.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Dan Cameron, Asset Storage, LLC
Mr. David Bowman, Bowman Design and Engineering
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402
Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. ® 8 - 1 5 6 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing Pr A I
1. Check all of the approval(s) requested for this project: t _
® Section 404 Permit ? Riparian or WatersI u es
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:(
II. Applicant Information
1. Owner/Applicant Information
Name: Asset Storage. LLC 0 Z?08
Mailing Address: c/o Mr. Dan Cameron WATER QUAl1TY Ul
3504 St. Francis Drive CTLAt4DC;OSTORMYVAI
Wilmington, NC 28409
Telephone Number:_ (910) 344-2270 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060
E-mail Address: kwilliamsglmgroup.net
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Asset S
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0380003001 & 0380003002
4. Location
County: Brunswick Nearest Town: Belville
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
US 17/74/76 into Brunswick County. Take the Village Road/Highway 133 exit in Leland
and turn left at the light onto Village Road. Turn right onto Blackwell Road. Site will be on
the right (see vicinity map).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2244 ON 78.0079 °W
6. Property size (acres): 70.32
7. Name of nearest receiving body of water: Brunswick River
8. River Basin: Cape Fear 03030005
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://b2o.eni.state.nc.us/admin/inaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The applicant is currently constructing Phase 1 of the mini-
storage development that is located entirely in uplands. In addition, stormwater ponds have
been installed. The rest of the tract is undeveloped. Adjacent land use is commercial or
undeveloped.
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the development of two mini-storage buildings (30,900 sf and 26,870 sf)
an outdoor storage area and associated accessways. A stormwater pond will be located to
the north of the buildings. The development will tie in to the Town of Shallotte's sewer
svstem.
11. Explain the purpose of the proposed work: To construct a mini-storage building for the
residents of Leland.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Staff of LMG delineated the wetlands. Ms. Jennifer Frye with the Corps
approved the line and signed the wetland survey on 8/21/07 (Action ID# 2006-32731-010). The
qpplicant applied for an Individual Permit in 2006 for the construction of a truck stop. This
application was withdrawn.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The applicant may apply for a 404/401 permit at a later date for future phases of development
within the tract. Any potential future development is many years off and a site plan has not been
designed. The applicant understands that any future wetland impacts would have to be evaluated
cumulatively with impacts proposed in this application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: One building will impact 0.35 acre of
404 wetlands.
Updated I1/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodina.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Forested No 2000 0.35
Total Wetland Impact (acres) 0.35
3. List the total acreage (estimated) of all existing wetlands on the property: 57.65
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or Intermittent?
ittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred2in,2, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
in
(indicate on map) Name Waterbody
applicable) )
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.
) Area of
Impact
(acres)
N/A
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resultiniz from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.35
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.35
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Permanent impacts are limited
to the construction of part of a mini-stora,2e buildin,2 that will impact 0.35 acre of wetlands. The
extent of wetlands within the site made avoiding all wetlands impossible. Please note that the
applicant originally gpplied for an IP to construct a truck stop at this location. Approximately
eight acres of wetland impact were proposed. The applicant has substantially modified the
project to reduce wetland impacts. Once the applicant decided to construct a mini-storage facility
on site, the first site plan showed 0.46 acre of wetland impacts. However, the project engineer
reduced the size of the second building and associated vehicular accessways. This reduced
wetland impacts to 0.35 acre. The economic return with two buildings (assuming 85%
occupancy) is break even (see enclosed economic information).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Updated 11/1/2005
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for impacts to 0.35 acre of wetlands approximately 1.31 acres of wetlands and
uplands will be preserved through a conservation easement with the Town of Belville.
Attached is a map showing the approximate location of these areas and draft preservation
language from the Town that would apply to upland areas Wetland areas to be preserved will
follow the Corps' standard preservation language. In addition the applicant will buy into the
NCEEP for the restoration of 0.5 acre of non-riparian wetlands.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Zone* Impact Multiplier Required
(square feet) Mitigation
I 1 I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The applicant has obtained a stormwater permit
from DWQ (SW8 071002) and from Brunswick County (2008000460) for the proposed
development.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant proposes to tie into the Town of Leland's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://l12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to surrounding tracts In addition some remaining
wetlands will be preserved. The applicant may have future wetland impacts from other phases of
development. However, he will apply for any required 404/401 permits prior to these impacts
and will show all impacts as cumulative.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
I 'G f
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
--?O-O°- 4: 3PM;PCPT CITY CAPITAL ;9103442266 #
i'
0M: LdnA Management Uroup 9104520060 05/30/2908 10:58 9079 P. 001l00
NAME: Dan Cameron DATE: May 30, 2008
ADDRESS: Asset Storage LLC EMAIL:
3504 St. Francis Drive JOB NUMBER: 40-08- e
ilmi gtonANC 28409 ?y_ X-rref: 01-05-258
2.10 -- z}}
PHONE: FAX: 9111-6244443- MOBILE: soLcD - q
LOCATION: Noremac Mini Storage located in Brunswick County
DESCRIPTION/SCOPE OF WORK: Preparation and submittal of Nationwide
Permit application
igent ceases to oe associaieo with or speaK tar the client
uunng mu scupe UI worK ansing unuer finis agreement.
2. Invoices: Invoices for LMG services shall be submitted at the option of LMG, either upon completion
of such services or on a monthly basis. Invoices shall be payable DUE UPON RECEIPT. If the invoice is
not paid within 30 days, LMG may without waiving any claim or right against the Client, and without
liability whatsoever to the Client, terminate the performance of the service. Any past due amount will be
subject to a monthly service charge of 1.5% on the unpaid balance (18.0% true annual rate). In the event
of a past due account, the Client shall pay all costs of collection, including reasonable attorney's fees.
3. Permits and Review (if applicable): LMG will make every effort to submit permit applications in a
timely manner and consistent with our best understanding of the permitting agencies' regulations and
requirements. It should be understood and expected that the permitting agencies may place additional
requirements or request information during their review process. LMG will coordinate with the various
agencies to complete this process, however, it should be expressly understood that LMG has no
influence or control over either the speed or outcome of the permit review and approval process.
Specifically, LMG cannot guaranty that any permit will be issued or other work approved by any agency
because such actions are beyond LMG's control.
4. Authorization of Use: The use of all work product generated by LMG, including written documents
such as evaluations and reports, is intended for and limited to the Client for whom the work was
performed and it may not be otherwise distributed without LMG's written permission. LMG work product
also may not be reproduced, in whole or in part, or utilized by any other entity without LMG's written
permission. Specifically, LMG work product may not be used by any financial institution or prospective
purchaser, without prior written permission or express authorization for such use contained in the
document itself.
S-30-CS; 4: 2oPN4; PC R' CITY C?^-PITe,L :910244-268 # 2/ 2
trom:tar,ti Management Group 9104520060 051301200E 10:58 4079 P.002f002
Job # 40-08 1,
5.. Termination of Service: This agreement may be terminated by the Client or the Firm should the
other fail to perform its obligations hereunder. In the event of termination, the Client shall pay LMG for all
services and reimbursable expenses rendered to the date of termination. Termination under this
provision by either party shall be in writing and delivered by certified mail, registered mail or professional
courier.
6. Dispute Resolution: Any dispute(s) between the parties arising from this agreement shall be
governed by the law of the State where the project site is located. The parties further agree to utilize
binding arbitration, pursuant to the provisions of the Federal Arbitration Act, to resolve any dispute(s)
which arise out of this agreement. However, LMG reserves the right to use all lawful means to collect any
monies owed for work performed.
7. Whole Agreement: This written agreement constitutes the entire agreement of the parties and any
amendment hereto shall be in writing and signed by both parties.
6: Severability. In the event that any provision or portion thereof in this agreement is found to be void,
invalid or otherwise inapplicable as a matter of law, all other provisions and portions of this agreement
shall survive and shall remain valid and enforceable between the parties.
* `I:? Q
Pr t Person or
Signature of Owner,
Responsible for Pay ent
Authorized Agent
* S he -&
Date
PLEASE SIGN AND RETURN THE EXECUTED ORIGINAL LETTER AGREEMENT TO OUR
OFFICE WITHIN 30 DAYS OF THE LMG DATE.
Kim Williams / April Rogers 1 JM
LMG EMPLOYEE
LAND MANAGEMENT GROUP, INC.
POST OFFICE BOX 2522
WILMINGTON, NC 28402
910-452-0001(Office)
910-452-0060(Fax)
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Map Source: North Carolina Atlas & Gazetteer. Pg 83.2003 SCALE 1" = 1 Mile
Asset Storage LMG
Mr. Dan Cameron LAtiD MANAGEMENT(,ROUP Figure 1
Brunswick County, NC `` ''--I. "
"'"' "
40-08-194 www.LMGroup.net Vicinity Map
Phone: 910.452.0001 •1.866.LMG.1078
September 2008 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402
Asset Storage LMG
Mr. Dan Cameron LA TNIANAGENIINIIkOLT Figure 2
Brunswick County, NC
40-08-194 www.LMGroup.net USGS Topgraphic Map
Phone: 910.452.0001 •1.866.LMG.1078
September 2008 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402
fioi meant to be absolute DENR_ygAJEKUUAL0
N4S 1 D!0 S?ORM`:HA?E`
Map Source: Winnabow Quadrangle 7.5 minute (topographic) 1A. SCALE 1" ' 800'
Lo: Leon fine sand
Mu: Murville mucky fine sand
To: Torhunta mucky fine sandy loam
Toundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey.
DENR . WATER Ol)! I
WETLANDS AND STORMINATER t`5R N"',E
SCALE V= 2000'
Asset Storage LMG
Mr. Dan Cameron L.NDMAN,AGlWN-1ukULP. 3
Brunswick County, NC ^ r,, Figure
40-08-194 www.LMGroup.net Soils Map
Phone: 910.452.0001 •1.866.LMG.1078
September 2008 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402
Asset Storage LMG
Mr. Dan Cameron ?ANn NIANAGEMCN1 GRN P
Brunswick County, NC Figure 4
40-08-194 www.LMGroup.net Aerial Photograph
Phone: 910.452.0001 •1.866.LMG.1078
September 2008 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402
non meam ro oe ar)soiwe
OENR • WATER QUALITY m6ii
Map Source: 2004 NAPP Aerial Photography ,ANff STORh1'JVATER 13POI ',l
SCALE 1" = 400'
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Building 1 & 2
Belville, NC 9/1/2008
Current Unit Mix Percentages and Estimated Rent Totals:
Non-climate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 9 $60 6.9% 2.0% $540
10 x 10 65 $80 49.6% 14.3% $5,200
10 x 15 16 $90 12.2% 3.5% $1,440
10 x 20 35 $100 26.7% 7.7% $3,500
10 x 25 1 $120 0.8% 0.2% $120
10 x 30 4 $130 3.1% 0.9% $520
15 x 20 1 $140 0.8% 0.2% $140
Total non-climate controlled units: 131 Total: $11,460
Percent of non-climate units to total units: 28.8%
Total sq. ft. of non-climate control: 18,100
Percent of non-climate sq. ft to total sa. ft.: 30.5%
imate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 57 $75 17.6% 12.5% $4,275
10 x 10 118 $105 36.4% 25.9% $12,390
10 x 15 88 $125 27.2% 19.3% $11,000
10 x 20 49 $150 15.1% 10.8% $7,350
10 x 25 2 $175 0.6% 0.4% $350
10 x 30 5 $185 1.5% 1.1% $925
15 x 20 5 $190 1.5% 1.1% $950
Total climate controlled units: 324 Total: $37,240
Percent of climate controlled to total: 71.2%
Total sq. ft. of climate control: 41,150
Percent of climate sq. ft to total sq. ft.: 69.5%
Total number of units:
number % of
of units total
5 x 10 66 14.5%
10 x 10 183 40.2%
10 x 15 104 22.9%
10 x 20 84 18.5%
10 x 25 3 0.7%
10 x 30 9 2.0%
15 x 20 6 1.3%
Total number of units: 455
Total rentable square footage: 59,250 Total monthly income: $48,700
Estimated rent per sq. ft.: $0.82
Income Statement
Building 1 & 2 Annual
Income
Less Vacancy of 15%
Gross Income
Expenses:
Taxes
Salaries
Utilities
Maintenance
Landscaping
Advertising
Insurance
Telephone
Legal & Professional
Credit Card Fees
Office Supplies
Computer / Software Support
Total Expenses
Net Income available to Service Debt
Gateway Bank Loan $3.65 million, 7.0%, 25 years
East Carolina Bank Loan $339,745, Interest only
Net Cash Flow after Debt Service (Annual)
Cash flow Coverage
Total Gross Feet-Building # 1
Total Gross Feet-Building # 2
Land Cost
Site Work - Building # 1
Site Work - Building # 2
Total Construction & Land Cost
Operating Expenses (Shortfall)
Loan Interest Carry
Bank Fee & Loan Closing Costs
Total Cost & Loan Amount *
$584,400
$87,660
$496,740
$15,000
$65,000
$19,000
$5,500
$1,500
$15,000
$13,500
$2,500
$1,500
$3,500
$2,500
$3,000
$147,500
$349,240
$26,000 $312,000
$1,463 $17,556
$19,684
1.06
Total Bldg Cost
30,900 $1,070,000
40,000 $880,000
$740,000
$450,000
$250,000
$3,390,000
$50,000
$185,000
$25,000
$3,650,000
* See Statements from banks
Building 1
Belville, NC 9/1/2008
Current Unit Mix Percentages and Estimated Rent Totals:
Non-climate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 5 $60 8.8% 2.4% $300
10 x 10 31 $80 54.4% 15.1% $2,480
10 x 15 12 $90 21.1% 5.9% $1,080
10 x 20 3 $100 5.3% 1.5% $300
10 x 25 1 $120 1.8% 0.5% $120
10 x 30 4 $130 7.0% 2.0% $520
15 x 20 1 $140 1.8% 0.5% $140
Total non-climate controlled units: 57 Total: $4,940
Percent of non-climate units to total units: 27.8%
Total sq. ft. of non-climate control: 7,500
Percent of non-climate sa. ft to total sa. ft.: 29.6%
Climate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 30 $75 20.3% 14.6% $2,250
10 x 10 55 $105 37.2% 26.8% $5,775
10 x 15 37 $125 25.0% 18.0% $4,625
10 x 20 25 $150 16.9% 12.2% $3,750
10 x 25 0 $175 0.0% 0.0% $0
10 x 30 0 $210 0.0% 0.0% $0
15 x 20 1 $210 0.7% 0.5% $210
Total climate controlled units: 148 Total: $16,610
Percent of climate controlled to total: 72.2%
Total sq. ft. of climate control: 17,850
Percent of climate sq. ft to total sq. ft.: 70.4%
Total number of units:
number % of
of units total
5 x 10 35 17.1%
10 x 10 86 42.0%
10 x 15 49 23.9%
10 x 20 28 13.7%
10 x 25 1 0.5%
10x30 4 2.0%
15 x 20 2 1.0%
Total number of units: 205
Total rentable square footage: 25,350 Total monthly income: $21,550
Estimated rent per sq. ft.: $0.85
Income Statement Building 1 Annual
Income
$258,600
Less Vacancy of 15% $38,790
Gross Income $219,810
Expenses: Taxes $10,000
Salaries $50,000
Utilities $15,000
Maintenance $5,000
Landscaping $1,000
Advertising $20,000
Insurance $9,500
Telephone $2,500
Legal & Professional $500
Credit Card Fees $2,500
Office Supplies $1,500
Computer / Software Support $2,500
Total Expenses $120,000
Net Income available to Service Debt $99,810
Gateway Bank Loan $2.50 million, 7.0%, 25 years $18,000 $216,000
East Carolina Bank Loan $339,745, Interest only $1,463 $17,556
Negative Cash Flow after Debt Service -$133,746
Cash flow Coverage 0.43
Gross SF Total Bldg Cost
Building # 1 30,900 $1,070,000
Land Cost $740,000
Site Work $450,000
Total Construction & Land Cost $2,260,000
Operating Expenses (Shortfall) $40,000
Loan Interest Carry $182,000
Bank Fee & Loan Closing Costs $18,000
Total Cost & Loan Amount * $2,500,000
* See Statements from banks
t
Belville, NC
Building 2
9/1/2008
current unit Mix rercentages and tstlmated Kent Totals:
Non-climate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 4 $60 5.4% 1.6% $240
10 x 10 34 $80 45.9% 13.6% $2,720
10 x 15 4 $90 5.4% 1.6% $360
10 x 20 32 $100 43.2% 12.8% $3,200
10 x 25 0 $120 0.0% 0.0% $0
10 x 30 0 $130 0.0% 0.0% $0
15 x 20 0 $140 0.0% 0.0% $0
Total non-climate controlled units: 74 Total: $6,520
Percent of non-climate units to total units: 29.6%
Total sq. ft. of non-climate control: 10,600
Percent of non-climate sq. ft to total sq. ft.: 31.3%
mate controlled units:
Number Monthly % of % of Monthly
of Units Rent non-clim total Income
5 x 10 27 $75 15.3% 10.8% $2,025
10 x 10 63 $105 35.8% 25.2% $6,615
10 x 15 51 $125 29.0% 20.4% $6,375
10 x 20 24 $150 13.6% 9.6% $3,600
10 x 25 2 $175 1.1% 0.8% $350
10 x 30 5 $185 2.8% 2.0% $925
15 x 20 4 $190 2.3% 1.6% $760
Total climate controlled units: 176 Total: $20
650
Percent of climate controlled to total: 70.4% ,
Total sq. ft. of climate control: 23,300
Percent of climate sq. ft to total sq. ft.: 68.7%
I number of units:
number % of
of units total
5 x 10 31 12.4%
10 x 10 97 38.8%
10 x 15 55 22.0%
10 x 20 56 22.4%
10x25 2 08%
10x30 5 2.0%
15 x 20 4 1.6%
Total number of units: 250
Total rentable square footage: 33,900 Total monthly income: $27,170
Estimated rent per sq. ft.: $0.80
Income Statement
Less Vacancy of 15%
Gross Income
Expenses:
Taxes
Salaries
Utilities
Maintenance
Landscaping
Advertising
Insurance
Telephone
Legal & Professional
Credit Card Fees
Office Supplies
Computer / Software Support
Total Expenses
Building 2
Annual
Income
$326,040
$48,906
$277,134
$5,000
$15,000
$4,000
$500
$0
$1,000
$4,000
$0
$250
$1,000
$1,000
$500
$32,250
Available to Service Debt $244,884
G----Ate a Bank
SAD The Bank of Richmond
a division of Gateway Bank
************AUTO**MIXED AADC 278
550 0.6610 MB 0.369 2 18 10
ASSET STORAGE LLC
3504 ST FRANCIS DR
WILMINGTON NC 28409-6917
825 20 01 00224
LINE 40129
AS OF: 08/04/08
LOAN BILLING STATEMENT
PAGE 1
--------------------------------------
R/E CNST COMML LOC LOAN 7110385709 --------------
-----PAYMENT SPLIT----- TRANSACTION PRINCIPAL
DATE DESCRIPTION PRINCIPAL INTEREST AMOUNT BALANCE
06/30/08 BALANCE LAST STATEMENT 1, 137, 069.65
07/11/08 PRINCIPAL -ADVANCE -- 195,202.55 1,332,272.20
07/11/08 REGULAR PAYMENT .00 51519.38 5,519.38
07/17/08 NEW NOTE ACTIVATING 175.00 1-,332,447.20
08/04/08 BALANCE THIS STATEMENT
-1,332,447.20
- - - - - - - - - - I N T E'iR E S T C A L C U L A T I O N - - - - - - - -
FROM THRU_ INTEREST DAILY PERIODIC ACCRUED
DATE DATE RATE RATE PRINCIPAL DAYS INTEREST
07/01/08 07/10/08 5.2500 % .00014583 1,137,069.65 10 1,658.22
07/11/08 07%16/08` 5.2`500 % .00014583 1,332,272.20 6 1,165.73
07/17/08 08/04/08 5.2500 % .00014583 1,332,447.20 19 3,691.99
- - - - - - - - - - - - - L 0 A N S
CREDIT LIMIT: 2,500,000.00
AVAILABLE CREDIT: 1,167,552.80
MATURITY DATE: 04/09/10
- - - - ACTIVITY THIS PERIOD - - - -
PFINCI_PAL; ADVP.ITCES : 195, 377.55
INTEREST PAID: 5,519.38
INTEREST ACCRUED:
U M M A R Y ------
INTEREST ACCRUED FROM:
INTEREST ACCRUED THRU:
PRINCIPAL DUE:
INTEREST DUE:
TOTAL PAYME'N'T DUE :
NEXT PRINCIPAL DUE:
INTEREST DUE DATE:
6,515.94
07/01/08
08/04/08
.00
6,515.94
5,515.94
04/09/10
08/09/08
ADD ADDITIONAL LATE CHARGE OF 260.63 IF NO PAYMENT IS RECEIVED BY 08/24/08
INTEREST PAID 2008: 12,229.21
-7-- B. TYPE OF LOAN:
U.S. D ARTMENT OF HOUSING & URBAN DEVELOPMENT 1.nFHA 2.E]FmHA 3.? CONV. UNINS. 4. []VA 5.[]CONV. INS.
6. FILE NUM13ER: 7. LOAN N!, 13ER:
SETTLEMENT STATEMENT 08 ASSET-NOREMAC
8. MURTUAUL INS (;A6F- NUMBER:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "[POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
1.0 3198 (08 ASSET-NOREMAC.PFD/08 ASSET-NOREMAC/20)
D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER:
ASSET STORAGE, LLC NOREMAC ENTERPRISES, LLC GATEWAY BANK & TRUST CO.
3504 ST. FRANCIS DRIVE 901 MILITARY CUTOFF ROAD
WILMINGTON, NC 28409 WILMINGTON, NC 28405
G. PROPERTY LOCATION: H. SETTLEMENT AGENT: 56-2201054 I. SETTLEMENT DATE:
9820 BLACKWELL ROAD ALLEN, MACDONALD & DAVIS, PLLC
BELVILLE, NC ApHI 9
2008
PLACE OF SETTLEMENT ,
1508 MILITARY CUTOFF ROAD, STE 102
WILMINGTON, NC 28403
1U0. URU5,6 AMOUNT DUE FROM BUKKUWLK: 400. GRO55 AMOUNT DUE I U btLLhK:----
101. Contract Sales Price 740,000.00 401. Contract Sales Price 740,000.00
102. Personal Property 402. Personal Property
103. Settlement Charges to Borrower (Line 1400) ` 30,238.13 403.
104. 404.
105. 405.
Adjustments or ems Paid by Seller Ina vance us men s or ems a/ seller Inadvance
106. CITY I TOWN TAX to 406. CITY/ TOWN TAX to
107. COUNTY TAXES to 407. COUNTY TAXES to
108. Assessments to 408. Assessments to
109. REIMBURSE FEES PD IN ADVANCE V 26,349.00 409. REIMBURSE FEES PD IN ADVANCE 26,349.00
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT FROM BORROWER- 796,587.17 E SELLER 766,349.00
201. Deposit or earnest money 501. Excess Deposit (See Instructions)
202. Principal Amount of New Loan(s 2,500,000.00 502. Settlement Charges to Seller (Line 1400) z 1,820.00
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff of first Mortgage to SUNTRUST 262
435.50
205. 505. Payoff o second Mortgage to
SUNTRU-5T ,
70
390
35
206. 506. ,
.
207. Construction Draw 795,946.25 507. RELEASE to EAST CAROLINA BANK 180,000.00
208. 508.
209. 509.
/us men s or ems unpaid by Seller /us men s or ems npa/ y e er
210. CITY / TOWN TAX to 510. CITY / TOWN TAX to
211. COUNTY TAXES 01/01/08 to 04/10/08 640.88 511. COUNTY TAXES 01/01/08 to 04/10/08 640
88
212. Assessments to 512. Assessments to .
213. 513.
214• 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TAL ID 8 WFOR 8 ORRO-W--ER 796,587.13 520. TOTAL REDUC770N D L 51-5
N-6
77T
300. CA AT SETTLEMENT FR M B RRO ER: ,
.
600. CASH AT ETT E NTT R LLER:
301. Gross Amount Due From Borrower (Line 120) 796,587.13 601. Gross Amount Due To Seller Line 420
( ) 766
349
00
302. Less Amount Paid By/For Borrower (Line 220) 796,587.13 ,
.
602. Less Reductions Due Seller (Line 520) 515
286
73
303. CASH FROM) BORROWER 0.00 ,
.
3. ER 251, 62.27
HUD-1 (3-86) RESPA, -r
8-03-08
NOREMAC ENTERPRISES LLC
3504 ST FRANCIS DR
WILMINGTON NC 28409
Excellence In Community Banking
The East Carolina Bank
PO Box 337
Engelhard, NC 27824
*** LOAN PAYMENT NOTICE ***
Dear Customer
A Payment on your Note dated 1130/07 will be due 8/17/08• Thank you for
banking with ECB. We value your relationship with us.
Detail Information
Note Number 45045648
[-Principal Balance $ 339,744.57
Payment Due Date AUG 17, 2008
Principal $ .00
Interest $ 1,462.79
Total Payment Due $ 1,462.79
Annual-Rate
Please Note - The Amount Due Includes Interest to
5.0000 %
8/17/08
If you have any questions regarding this notice please contact us at 1-800-849-2265
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
DEED OF ACCESS EASEMENT
THIS DEED OF ACCESS EASEMENT, made and entered into this the day of
, 2008, by and between, NOREMAC ENTERPRISES, LLC, a North Carolina
limited liability company, and the TOWN OF BELVILL, a township in Brunswick County, North
Carolina;
WITNESSETH:
WHEREAS, NOREMAC ENTERPRISES, LLC, own tracts of land described in Exhibit A
and being included in the deed recorded in Book 1951, Page 980, of the Brunswick County
Registry; and
WHEREAS, NOREMAC ENTERPRISES, LLC, has agreed to grant to the TOWN OF
BELVILLE an ACCESS EASEMENT. Said ACCESS EASEMENT shall permit the TOWN OF
BELVILLE the installation and maintenance of a multi-modal pathway, and permit the public's use
of the same, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, NOREMAC ENTERPRISES, LLC, in consideration of the foregoing
and ONE ($1.00) DOLLAR and other good and valuable consideration to it in hand paid, the receipt
of which is hereby acknowledged, has given, granted and bargained and by these presents does
give, grant and bargain and convey unto the TOWN OF BELVILLE, a perpetual right to an access
easement over and across the hereinafter described tracts of land, and for installation, maintenance,
repair and replacement of multi-modal pathway, and to go upon the said land with men, equipment
and materials whenever necessary to inspect, maintain, repair and/or replace said pathway, located
in the TOWN OF BELVILLE, BRUNSWICK COUNTY, STATE OF NORTH CAROLINA.
EXCEPT for the access easement rights specifically granted by this deed, NOREMAC
ENTERPRISES, LLC retains all rights to the tracts of land described in EXHIBIT A.
THE TOWN OF BELVILLE shall install, maintain and repair improvements in such manner
as to not unreasonably interfere with operation of business. The party disturbing the surface of land
shall restore the surface of land to its condition immediately prior to such disturbance.
TO HAVE AND TO HOLD, the aforesaid right and access easement granted by
NOREMAC ENTERPRISES, LLC, it being agreed that said right and easement is appurtenant to
and runs with the above referred to land and may be transferred to one or more successors.
NOREMAC ENTERPRISES, LLC AND THE TOWN OF BELVILLE joins in the
execution of this ACCESS EASEMENT to consent to and abide by the terms contained herein.
IN WITNESS WHEREOF, NOREMAC ENTERPRISES, LLC has caused this instrument to
be executed in its company name by its manager, and THE TOWN OF BELVILLE has caused this
instrument to be executed by its Mayor, who have hereunto set their hands and seals, all as of the
day and year first written above.
NOREMAC ENTERPRISES, LLC
BY:
Daniel R. Cameron, Jr., Manager
TOWN OF BELVILLE
BY:
Mayor Chuck Thurlow
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for said County and State, do hereby
certify that Daniel R. Cameron, Jr. personally came before me this day and acknowledged that he is
Manager of NOREMAC ENTERPRISES, LLC, a North Carolina limited liability company which
is the company described in and which executed the foregoing instrument; I have seen satisfactory
evidence of the principal's identity by a current state identification, with the principal's photograph,
in the form of a North Carolina Driver's License.
Witness my hand and official seal, this day of , 2008.
Notary Public
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public in and for said County and State, do hereby
certify that Chuck Thurlow personally came before me this day and acknowledged that he is Mayor
of THE TOWN OF BELVILLE as described in and which executed the foregoing instrument; I
have seen satisfactory evidence of his identification and which contained a photograph, in the form
of a North Carolina Driver's License.
Witness my hand and official seal, this day of , 2008.
Notary Public
EXHIBIT A
TOWN OF BELVILLE, NORTH CAROLINA
ORDER GRANTING REQUEST FOR A SPECIAL USE PERMIT
Special Use Permit Application Filed by
Noremac Enterprises, LLC
For a Mini-Storage Facility to be located in the Business Highway District
This matter came before the full Town of Belville C Town") Board of
Commissioners ("Board") for hearing during its regular meeting of February 25, 2008.
Based upon the competent, substantial and material evidence presented during the hearing
of this matter, the Board renders the following Conclusions, Findings of Fact and Decision:
CONCLUSIONS AND FINDINGS OF FACT
A. The special use will not materially endanger thepublic health or safety if located whereproposed and
approved.
1. There was no evidence presented to show that the proposed use would
materially endanger the public health or safety if located where proposed and approved.
2. The proposed use complies with the additional mini-warehouse/storage
additional requirements under the Town's Zoning Ordinance and should also comply with
the applicable building and fire code requirements, all of which should mitigate against any
negative impacts.
B. The special use meets all required conditions and specifications.
1. The proposed use meets or exceeds the requirements set forth in Section
6.3.22 and the Blackwell Road Overlay District CBROD") provisions of the Zoning
Ordinance.
C. The special use will not substantially injure the value of adjoining or abutting propery.
1. No evidence was presented to show that the proposed use will injure the
value of adjoining or abutting property.
D. The location and character of the special use, if developed according to the plan as submitted and
approved, will be in harmony with .the area in which it is to be located and in general conformity with the
Comprehensive Plan.
1. While located within the BROD, a district that encourages pedestrian
activity, the subject property is nonetheless situated such that, because of environmental, e.g.,
wetlands, concerns, the property is not likely to develop consistent with a pattern that
promotes pedestrian activity.
2. Since it complies with the additional mini-warehouse/storage requirements
and the BROD's streetscape requirements under the Zoning Ordinance, the proposed use
'Muoa4 -to -i"m C ; 0'SJayl';'00'e
-2-
will be harmonious with the area in which it is located and will therefore be in general
conformity with the Town's Comprehensive Plan as the same is defined in the Zoning
Ordinance.
E. The special use will not be injurious to the use and enjoyment of otherproperties in the immediate
vicinity for the purposes already permitted.
1. Surrounding and abutting properties are either zoned Brunswick County
General Industrial or similarly zoned BH (Business Highway).
2. Given the similarities in zoning and in the existing and permitted uses in the
immediate vicinity, the proposed use will not be injurious to the use and enjoyment of these
other properties.
F. The establishment of the special use will not impede the normal and orderly development and
improvement of the surrounding proper y for the uses, permitted in the applicable district.
1. The subject property is located a significant distance from the CBD (Central
Business District) and the Downtown Overlay District which are the intended commercial
and pedestrian heart of the Town upon completion of the anticipated redevelopment of the
properties located therein.
2. The subject property is also located within the BROD, the intent of which is
to establish aesthetic design standards and to improve upon the existing vehicular,
pedestrian, and bicycle transportation network in the corridor.
3. Given the compliance with the Zoning Ordinance, and because of its
location and the environmental constraints on the property, the proposed use will not
impede the normal and orderly development of properties in the area.
G. The exterior architectural appeal and functionalplan of anyproposed special use structure is not
s7
gni acantly inconsistent with the exterior architectural appeal and functional plan of the structures already
constructed or in the course of being constructed in the immediate Neighborhood, as that term is defined in
A;ticlE ? l?of the Zoning Ordinance] or the character of the applicable district
1. By complying with the requirements of Section 6.3.22, specuicaily with those
requirements as they relate to lighting, fencing and facade requirements, the proposed use's
structure will not be significantly inconsistent with the exterior architectural appeal and
functional plan of the structures already constructed or in the course of being constructed in
the immediate neighborhood.
H. Adequate utilities, access roads, drainage, parking or necessary facilities have been or will be
provided.
1. Based on the site plan, the proposed use will provide adequate utilities, access
roads, drainage, parking and other applicable facilities.
-3-
L Adequate measures have been or will be taken to provide ingress and egress that is designed to
minimise traffic congestion in any applicable private and public streets.
1. Mini-storage uses, in general, have relatively low traffic counts and thereby
present less concerns with respect to congested traffic conditions resulting from trips
generated by the proposed use.
2. The proposed curb cut, which will be reviewed and approved by the North
Carolina Department of Transportation ("NCDOT"), will be designed to minimize traffic
congestion on Blackwell Road.
DECISION
Based upon the foregoing Conclusions and Findings of Fact, the Board hereaby
GRANTS the request for a special use permit upon the following conditions:
1. The owner/developer's agreement to restrict the use of the subject property
to a mini-storage facility consisting of two (2) buildings not to exceed 64,900 square feet and
434 storage units on 5.5 acres.
2. The owner/developer's agreement to abide by the following:
a. To the site plan approved by the Board on February 25, 2008 which
is conceptual in nature and which must meet or exceed the requirements of the Zoning
Ordinance and the conditions set forth herein prior to the approval of a Certificate of
Zoning Compliance. Unless otherwise noted herein, compliance with all conditions shall be
in place prior to the issuance of a Certificate of Occupancy.
b. Prior to the issuance of a Certificate of Zoning Compliance for any
construction activity, the owner/developer shall subdivide the property in the manner
indicated in the proposal, thereby creating a separate 5.5 acre lot of record to be developed
with the proposed use.
3. The owner/ developer's agreement to provide the following site development
standards:
a. The owner/developer, due to the requirements of NCDOT and
easements maintained by the North Brunswick Sanitary District and Brunswick Electric,
shall not be required to install curb and gutter, a six (6) foot street tree strip or a ten (10) foot
sidewalk as required by Section 7.3, Blackwell Road Overlay District, of the Zoning Ordinance,
nor shall the owner/developer be required to install a ten (10) foot street yard as required by
Section 10.4.1, Street Yard Landscaping; of the Zoning Ordinance.
b. The owner/developer, in lieu of the curb and gutter, six (6) foot
street tree strip, ten (10) foot sidewalk, and ten (10) foot street tree strip, shall provide, at no
cost to the Town, an access easement twerity (20) feet in width located zero (0) feet from the
public right-of-way. Said access easement shall permit the installation and maintenance, in
accordance with the provisions of subpart c. below, of a sidewalk, bicycle path, or muld-
-4-
modal pathway, and permit the public's use of the same. In addition, the owner/developer
shall provide a three (3) foot street tree strip zero (0) feet from the back of the twenty (20)
foot access easement and planted to the standards of Section 7.3.4.C.2.a. of the Zoning
Ordinance with the exception that understory tree species as listed in Table 10.5.1 may be
used. Said street tree strip shall also be provided between the side property lines of the
subject property and any fencing, extending for a distance of sixty (60) feet along the side
property lines beginning at the point at which the strip tree strip parallel to the right-of-way
of Blackwell road begins.
C. The owner/developer shall be required to install a ten (10) foot wide
sidewalk, bicycle path or multi-modal pathway along the frontage of the 5.5 acre tract within
the twenty (20) foot access easement dedicated to the Town in the event that the Town or a
developer/owner installs similar improvements along the frontage of either property
abutting the subject property within five (5) years of the approval of this special use permit.
Thereafter, the Town may still require the installation of a ten (10) foot wide sidewalk,
bicycle path or multi-modal pathway along the frontage of the 5.5 acre tract within the
twenty (20) foot access easement.
4. The owner/developer shall construct building facades and fences in a
manner consistent with the respective renderings and photographs which were submitted as
exhibits to the record during the February 25, 2008 hearing of this matter, said consistency
to be approved by the Planning Director prior to commencement of construction.
Ordered, this the a41h day of March 2008.
ATTEST: 177 >'
( g ads;:
A NA WILL .S, DEPUTY TOWN CLERK
MAYOR CHUCK THURLOw
APPROVED AS TO FORM:
T Owi?q ATTORNEY
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04-2008
04:39.000
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C8 773,09' 58.36' 58.35' N 77'01'00" W
C9 89.02' 71.78' 69.85' N 58'08'38" W
C10 62.51' 83.51' 77.44° N 04"11'02" E
CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH
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ZONED BE-E
PRESERVATION AREA o
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TRACT A
(TOTAL) WETLAND
59.34 ACRES
50' U1ILITY EASEMENT OI
NORTH BRUNSWICK
SANITARY DISTRICT
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UTILITY EASEMENT WATERLINE BELMLLE ACCESS
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/ S 5? /\\ FO pO?G,y State of North Carolina Brunswick County
??\ ??p? I, Jonathan L. Wayne certify that this map was
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information (as noted): that this map was prl
amended. Witness my hand and seal this
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THIS PLAT IS OF A SURVEY THAT CREATES A
THE SUBDIVISION AREA OF A COUNTY OR MUN
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Michael;F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
o ?
October 30, 2007
Coleen H. Sullins Director
Division of Water Quality
Daniel R. Cameron, Jr., Member
Noremac Enterprises, LLC
3504 St. Francis Dr.
Wilmington, NC 28409
Subject: Stormwater Permit No. SW8 071002
Noremac Mini-Storage
High Density Project
Brunswick County
Dear Mr. Cameron:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Noremac Enterprises, LLC on October 17, 2007. 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 and the NPDES Phase II Post Construction Requirements set forth in Session Law
2006-246. We are forwarding Permit No. SW8 071002 dated October 30, 2007, for the construction of
the subject project.
This permit shall be effective from the date of issuance until October 30, 2017, 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 problems.
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
Christine Nelson, or me at (910) 796-7215.
Since y,
Edward eck
Regional Supervisor
Surface Water Protection Section
ENB/can: S:\WQS\STORMWATER\PERMIT\071002.oct07
cc: David Bowman, PE, Bowman Design & Engineering Services, PA
Brunswick County Building Inspections
Christine Nelson
Wilmington Regional Office
Central Files
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,?
N Carolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.newaterguality.org Fax (910) 350-2004 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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BRUNSWICK COUNTY STORM WATER PERMIT
(Form SW,010)
Development: Agse# Storage
Owner or Contact Person:
Address: 3504 St Francis Dr
rout VJ/bJ
Wilmington, NC 28409
Date Issued: ?6 /z/0g
This permit is provided under the Brunswick County Storm Water Ordinance and covers
construction activities as submitted on the Storm Water Management Plan and
accompanyin drawings, calculations and other documentation for the period ending
C D (1 year from date issued).
Inspection Requirement
Each structural component (Best Management Practice or BMP) constructed under this
permit requires a final, as-built inspection prior to the use of the property as described
in the Storm Water Management Plan. You must call the Brunswick County Storm
Water Administrator's office to schedule that inspection. Failure to arrange for the
required inspection prior to beginning the intended use of the property shall void this
permit.
No Modifications
There shall be no modifications to the drainage patterns, structures, operation and
maintenance, or other features approved in the Storm Water Management Plan without
the prior approval of the Storm Water Administrator,
Additional Requirements
Additional requirements, conditions, variances, and approvals are included as part of
this permit as attached and here referenced:
Please keep a copy of this Storm Water Permit at your site- This permit does not
supersede any other permit requirements or approvals required for you development.
Your cooperation is appreciated,
Sincerely,
Brunswick County Storm Water Administrator or Representative
Official Use Only; Storm Water Permit No. _ ?009000 k0 Date Approved ?/Z
t cosstem
PROGRAM
September 30, 2008
Dan Cameron
Asset Storage, LLC
3504 St. Francis Drive
Wilmington, NC 28409 Expiration of Acceptance: June 30, 2009
Project: Asset Storage County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Cape Fear 03030005 0 0 0 0 0.35 0 0 0
Credits Cape Fear 03030005 0 0 0 0 0.7 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973.
Sincerely,
1? w---+- ( • ?&k-
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Kim Williams, agent
File
R?stoYrr?... ... Prot" 0" JIM&
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-BE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net