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HomeMy WebLinkAboutSW8060149_HISTORICAL FILE_20190325STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0�o OIL{O DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2Giq 0325 YYYYMMDD t rj (f ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director March 25, 2019 NORTH CAROLINA Environmental Quality The Wye Property Owners Association, Inc. Attn: Walter Wood, President PO Box 222 Beaufort, NC 28516 Subject: Permit Transfer under SL 2011-256 State Stormwater Management Permit No. SW8 060149 The Wye Subdivision Carteret County Dear Mr. Wood Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that the attached permit now references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any high density stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. Therefore, this high density permit shall now be in effect from the date of issuance until August 30 2020. On August 24, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a request from UHF Development Group, LLC to transfer the permit to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration pursuant to NCGS 143-214.7(c2) and Session Law 2011-256. Final information was received on March 15, 2019 and a file review and site inspection was performed on March 21, 2019 by DEMLR staff. As noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. The current permittee has attested that the requirements of Session Law 2011-256 have been met, including: 1. The subdivision is subject to the requirements of Chapter 47F, aka the Planned Community Act. 2. The permittee has submitted a completed and signed Permit Transfer Application form; 3. The permittee has submitted a copy of the recorded deed conveying the common areas of the subdivision to the Association; 4. The Division has determined that the project is in compliance with the permit. This determination must be made in writing no more than 90 days prior to the transfer. Documents that the permittee needs to submit in order for the Division to make that determination of compliance include.: a. A copy of the designer's certification for any permitted BMP's; b. A copy of the recorded deed restrictions limiting the BUA on each lot; c. Verification that the permitted maximum built -upon area per lot has not been exceeded; d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all required drainage and maintenance access easements as depicted on the approved plans; e. Verification that more than 50% of the lots have been conveyed to individuals. NOFIM North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 V=" State Stormwater Permit No. SW8 060149 {� Page 2 of 2 The Division is hereby notifying•you that the requirements of SL 2011-256 have been met and that permit SW8 060149 has been transferred on March 25, 2019 and to remind you that this permit shall be effective until August 30, 2020, which includes all the available extensions. For your records, please find enclosed copies of: the updated permit, the Permit Transfer Application Form, the signed 0&M agreement, and the inspection report. Please keep this cover letter and updated permit on file at all times. The project is subject to the conditions and limitations as specified in the updated and transferred permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. Please note that the updated permit does not impose any new or additional terms. It merely restates some of the previous terms to provide you with a clearer understanding of your obligations. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431- 3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, �� S. Daniel mith, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Updated Permit/Transfer Application/O&M agreement/ Inspection Report GDS/arl: G:\\\Stormwater\Permits & Projects\2006\060149 HD\2019 03 permit 060149 cc: UHF Development Group, LLC (227 East Front Street, New Bern, NC 28560) Ron Cullipher, PE, The Cullipher Group Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit # SW8 060149 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL & LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO The Wye Property Owners Association, lnc. The Wye Subdivision US 70 at NC 101 (Cedar Street and Fulford Street) Beaufort, Carteret County FOR THE construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral & Land Resources (hereafter referred to the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until August 30, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 24 lots, each allowed a maximum of 3,299 square feet of built -upon area. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 112,841 square feet of built -upon area. The wet pond has been designed to treat the runoff from 112,841 square feet of Built -Upon Area. 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. Page 1 of 5 State Stormwater Management Systems Permit # SW8 060149 The following design elements have been permitted for this wet detention pond stormwater facility, and must be maintained at design condition at all times. a. Drainage Area, acres: 4.43 Onsite, ft2: 192,970 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 112,841 24 Lots at 3,299 ft2: 79,176 Roads (25'B-B), ft2: 10,425 Alleys (12' wide, ft2: 15,420 SW (4' wide), ft : 7,820 Offsite, ft2: 0 C. Average Pond Depth, feet: 6.0 d. TSS removal efficiency: 90% e. Design Storm, inches: 1.0 f. Permanent Pool Elevation, FMSL: 8.0 g. Permitted Surface Area @PP, ft2: 9,600 h. Permitted Storage Volume, ft3: 11,026 i. Temporary Storage Elevation, FMSL: 9.1 j. Controlling Orifice, inches: 1.5"0 pipe k. Permanent Pool Volume, W : 35,466 I. Forebay Volume, ft3: 7,300 m. Maximum Fountain Horsepower: 1/8 n. Receiving Stream / River Basin: Taylor Creek / WOK o. Stream Index Number: 21-34 p. Classification of Water Body: "SC" II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be,revised without approval from the Division. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further development, subdivision, acquisition, or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. Page 2 of 5 State Stormwater Management Systems Permit # SWS 060149 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. If the stormwater system is used as an Erosion Control device for any current or future lot construction, it must be restored to design condition prior to closing out the Erosion Control file. The collection system of swales, pipes and catch basins and the permitted stormwater control measure (SCM) shall be protected from excessive sedimentation. Any eroded areas of the system will be repaired immediately and any accumulated sediment within the swales, pipes, catch basins or the SCM shall be removed prior to closing out the Erosion Control file. 8. On November 8, 2013, a certification was received from an appropriate designer for the system installed certifying that the permitted facility had been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. 9. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 11. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 12. Decorative spray fountains will be allowed in,the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/8 HP. 13. Built -upon area is as defined in NCGS 143-214.7(b2). Page 3 of 5 State Stormwater Management Systems Permit # SW8 060149 14. The following deed restrictions and protective covenants related to stormwater management which were recorded on May 17, 2007 in Book 1224 on Page 46 and amended on March 4, 2019 in Book 1631 at Page 225 with the Carteret County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060149, as issued by the Division of Energy, Mineral & Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary _to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 3,299 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. III. GENERAL CONDITIONS 1. The facilities shall be constructed, operated and maintained in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data as attached to this permit and on file with the Division. 2. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14- 05 or NCGS 57D-6-07 and 08; d. Bankruptcy; e. Foreclosure, subject to the requirements of Session Law 2013-121, 3. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 4 of 5 State Stormwater Management Systems Permit # SW8 060149 4. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of the approved plans and specifications on file. 6. Any person or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules in subject to enforcement action as set forth in NCGS 143 Article 21. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 8. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective action, including those actions required by this Division, such as the construction of additional or replacement stormwater management systems. 9. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 10. The Permittee grants permission to staff of the DEMLR to access the property during normal business hours for the purpose of inspecting the stormwater facilities. 11. The permittee shall submit a permit renewal application form no sooner than 180 days prior to the expiration date of this permit. The renewal application request must include the appropriate documentation and the processing fee. Permit updated, transferred and reissued this the 25'h day of March 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �nit Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 DEMLR USE ONLY - Dat Rece ed Fee Paid Permit Number obi � 0 56 10 ,00 og 0 b 0 1 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership -.the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 0266W O(v o t49 2. Project name: WYE Subdivision - Storm Water System Is this an updated project name from the current permit? ❑ Yes❑ No 3. Reason for the permit transfer request: Transfer from original developer to community Property Owner's Association so as to insure proper operations and system maintenance long term. Stormwater Permit Transfer Application Form Page 1 of 7 March 22, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM ® 1. Both the current and proposed permittees. ❑ 2. Only the current permittee/declarant of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. - Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transferis allowed only when all of the following items can be truthfully checked. - El a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select all at least one of the following): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. 'o - Y1/ En Aus Z a 20118 Stormwater Permit Transfer Application Form Page 2 of 7 March 22, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark W" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. The signed and notarized applicable operation and maintenance agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. Y 8. If transferring under G.S. 143-214.7(c2) (see also SL 2011-256), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. NA 9. If transferring under G.S. 143-214.7(c5) (see also SL 2013-121), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. NA 10. A copy of the lease agreement if the proposed permittee is the lessee. NA 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. NA 12. A copy of the development agreement if the proposed permittee is the developer. CE IVE AUG 2 4 2018 By:_.__------- Stormwater Permit Transfer Application Form Page 3 of 7 March 22, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1. Current Permit Holder's Company Name/Organization: UHF Development Group, LLC 2. Signing Official's Name: Hubert Tolson 3. Signing Official's Title: Manager 4. Mailing Address: City: New Bern 227 East Front Street 5. Street Address: 227 East Front Street City: New Bern NC 71P 28560 NC 71P 28560 6. Phone: (252) 638 - 4215 Email: hubie@uhfdevelopmentgroup.com 1, Hubert Tolson , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select a// that apply) 0 the most recent permit; the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; 0 the approved plans and/or approved as -built plans; the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not bed pr ve b 1pe DEMLR unless and until the facility is in compliance with the permit. Signature: / Date: n � a4A O\ T a Notary Public for the State of \K MT 1'\1 —,County of L_'� A uoy\ do hereby certify that 4\X�k_- tt. \ personally anD this the �a3t d day of ::T \u 20—V and ackno ge a ue �9 execution of the forgoing instrument. Witness my hand and official seal, QU1 112111 (Notary Sea]) O pRY �ti Notary Signature: `f rl 1tf t"M - Y' 2� ; z `p My commission expires Q—�s ri��� PUBS f'h �q IEN11Cp```�. Stormwater Permit Transfer Application Form Page 4 of 7 March 22, 2018 N xn . E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (skip Part G) Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (skip Part G) ❑ Lessee (Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner.) ❑ Purchaser (Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner.) ❑ Developer (Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ❑v HOA / POA / UOA name: The Wye Property Owner's Association, Inc. ❑ Sole Proprietor 3. Proposed permittee contact information: a. Signing Official's Name: Walter Wood b. Signing Official's Title: President 5 c. Mailing Address: 304.be44sk-Street KO City: Beaufort / (r d. Street Address: �� �%2rJhrcfG.5 City: Be.--Gtllzi e. Phone: (30) 907 - 0170 Email: Zz walt@wrwood.com NC Zip: 28516 zip: z 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: a. Management Company or Business name: Real Estate Plus, Inc. DBA Management Services b. Contact Name: Tina Figueroa Title: Association Manager c. Mailing Address: 1210 Arendell Street d. City: Morehead City State: NC Zip: 28557 e. Phone: (252) 726 - 4885 Email: tinaf@newbernforrent.com r'O1-0 W E AUG 2 4 2018 Stormwater Permit Transfer Application Form Page 5 of 7 March 22, 2018 F. PROPOSED PERMITTEE CERTIFICATION Walter Wood , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): v❑ the most recent permit; 0 the designer's certification for each SCM; v❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a plan of action and schedule' addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written plan of action and schedule" must be received by the Division before the Division will transfer the permit. have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to th regwr nts Ie/dI in the permit and in the operation and maintenance a reement. Signature: % Y/i�f/ Date: ;)& f I, le AV{�)VYA/� M. e(AUA'lA -,a Notary Public for the State of r-VA t C Ak iia County of do hereby certify that yrTp4aared before me this the �i Q_ day of U 20_L, and nowledge3f*&e execution of the forgoing instrument. Witness my hand and official seal, ZI v (Notary Seal) AUB My commission expires Stormwater Permit Transfer Application Form Page 6 of 7 March 22, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: . Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP Phone: Email: I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Attachment B will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission Date: Notary. Public for the State.of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness '00VE AUG 2 4 2018 BY. Stormwater Permit Transfer Application Form Page 7 of 7 March 22. 2018 "0 Lewis,Linda From: Lewis,Linda Sent: Wednesday, February 27, 2019 12:13 PM To: 'Mark Hartman' cc: Hubie Tolson; David White; Scott Tolson Subject: RE: [External] FW: SW8 060149 The Wye Subdivision Attachments: 2006 08 permit 060149.pdf The five statements in Section 7. Specific Restrictions were the statements that got recorded on May 17, 2007 in Deed Book 1224 at Page 46. As indicated in my previous emails, these five recorded statements appear to have been taken directly from Section IV of the SWU-101 application form that Mr. Tolson signed in February 2006. However, the statements on that application form were old and had not been updated, so that is why the Division developed a separate signed deed restriction document containing 7 updated statements (the document with the large letter "B" in the upper left corner that accompanied that application). This document sets forth the more recent and updated language that must be recorded. To top off all the confusion, the document marked "B" is missing a statement about the BUA in excess of the permitted amount requires a permit modification. Luckily, the recorded document already contains that statement. In addition the writer of the 2006 permit did not remove certain unnecessary language from Section 11.12, the list of deed restrictions statements in the permit to be recorded, that were not applicable to the project, such as the statement regarding Lots within CAMA's AEC. The bottom line is that DEMLR wants the statements as listed in Section 11.12 of the permit to be recorded, except for 11.12(g), and we want you to keep Statement Number 7.4 from the current recorded document as it is written. I've attached a copy of the permit. Please go to Section 11.12 to see the statements that need to be recorded and note that the deed restriction statements straddle pages 4 and 5. Linda From: Mark Hartman <msh@dhwlegal.com> Sent: Wednesday, February 27, 2019 8:40 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Hubie Tolson <hubie@uhfdevelopmentgroup.com>; David White<davidwhite@absolutealphacm.com>; Scott Tolson <sto [son @a bsolutea Ip hacm.com> Subject: [External] FW: SW8 060149 The Wye Subdivision o .External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.soamiannc.xoy ` Hi Linda. I am trying to amend the restrictions pursuant to your below email and I want to know exactly what it is that I am doing. The permit you attached contains the following 7 statements: 1. 7'he following covenants am intendeYt m ensure ongoing compliance with State Stormwater luanagement Pounit Nurnbet =�tuBGCnC>41c} as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stomnvater rnanagemem permit. 3. These covenants am to run with the land and be binding on oil persons and parties claiming under them. 4. The covenants pertaining to stormwalor may no: be altered or rescinded without rile express written consent of the State of North Carolina, Division of Water Qualify. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 3, 2.99 6. The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed wuhin the lot property boundaries, and that portion of the right-of-way buh:roon the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include mired, open wood decking, or the water surface of swimming pools. 7. All runoff tram the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a vanoty of means including roof drain gullets which drain to the street, grading the lot to drain toward the street or grading perimeter Swalos to collect the lot runoff and directing them ' a nent of the stormwater collection system. Lots that will naturally drain into the sysj o r prod, provide these additional measures. The restrictions you attached contain the following 5 statements: SGCI'IUN 7. SPECIFIC KF:STKICTIUNS. 'Ihc following is set forth verbatim as required by the State of North Carolina: 1. The following covenants are intended to ensure ongoing compliance with State Stonnwmcr Management Permit NumK--r SW8060149, as imed by the Division of Water Quality. These covenants may not he changed or deleted without the consent of the State. 2. No more than ,2 2 square feet of any lot shall Ix covered by strucnsres or impervious materials. Impervious materials include asphalt, gravel; concrete, brick, scone, slate or similar material but do not include woof decking or the water surface of swimming pools. 9. Swales shall not he filled its, piped, or altered except us necessary to provide driveway crossings. . J. Built -upon arcs in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff front outpareels or future development shall he directed into the rwrmitted stormwater control system. Thcsc connections W the stormwater control systern shall hie performed in a mans r that maintains the integrity and performan.c of the system as permitted. Your below email states that there are 9 statements that must be made but that we have only made 3 of the statements. Can you please give me the 9 statements that must be made, as I am not seeing them in any of the attachments? Please forgive me if I am overlooking anything. Thank you. T,jm9 Mark S. Hartman DAVIS HARTMAN WRIGHT PLLC 209 Pollock Street, New Bern, NC 28560 Ph: 252.514.2828 —Fax: 252-514-9878 Cell: 252-240-9205 —Web: www.dhwiegal.com Asheville New Bern Raleigh Wilmington Lewis,Linda From: Lewis,Linda Sent: Friday, December 14, 2018 5:40 PM To: Ron Cullipher (ron@tcgpa.com) Cc: 'hubie@uhfdevelopmentgroup.com' Subject: SW8 060149 The Wye Subdivision Attachments: 060419. pdf The Division received some of the previously requested information on November 15, 2018. Only 3 of the 4 items from my October 10, 2018 Revised email were in the package. The recorded deed restrictions are still missing several of the statements listed in the permit. It appears that the permittee used the old deed restriction statements listed in Section IV of the 3.99 version of the stormwater application instead of using the statements on the separate, more recent deed restriction document that Mr. Tolson signed in February 2006, which is part of the application. The statements on the old application were meant to be replaced by the newer deed restrictions. Some of the required newer statements are similar to the old, but different enough to warrant amending them. Section 11.12 of the August 30, 2006 permit contains a list of 9 statements, 12(a) through 12(i) that must be recorded. The recorded document currently only covers 3 of those statements. I attach a scan of the 2006 deed restriction document signed by Mr. Tolson. Please have those statements recorded as shown in that document, and send me a copy of the recorded document. I cannot inspect the project for transfer until the documents are in order. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewispncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 /'Nothing Compares,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES HESTRON PLAZA TWO 151-A NC HWY 24 MOREHEAD CITY, NC 28557 P:(252) 773-0090 F:(252) 773-0243 To: NCDEO-WIRO 127 CARDINAL DR. EXT - WILMINGTON, NC 28405 WE ARE SENDING YOU: ^ --VE AUG 14 20!3 9 DATE 8-7-18 io9 No. PM2582-002 ATTENTION MS. GEORGETTE SCOTT RE: SW8 060149 PERMIT TRANSFER TO HOA COPIES DATE NO. DESCRIPTION - PROCESSING CHECK FOR APPLICATION $505.00 2 7126/18 TWO ORIGINAL APPLICATION FORMS 1 8/8/18 ELECTRONIC COPY OF ALL ITEMS 1 817118 NC SECRETARY OF STATE SEARCH UHF DEVELOPMENT GROUP, LLC 1 OPERATION AND MAINTENANCE AGREEMENT 1 5/17107 RECORDED COVENANTS DB1224 PG 46 1 3/19/18 COMMON AREA TRANSFER DEED 1603089 1 11/7/13 ENGINEERING CERTIFICATION AVOLIS ENGINEERING 1 8/9/18 LIST OF SOLD PROPERTIES THESE ARE TRANSMITTED as checked below or approval ❑Resubmit copies for approval ❑ For your use ❑Submit copies for distribution ❑As requested ❑For review and comment ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ECEI V E AUG 2 4 2018 BY: COPY TO f SIGNED � l k- W i r-a 11 ' �i - - ---VI THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES November 12, 2018 Ms. Linda Lewis NCDEQ 127 Cardinal Dr. Ext Wilmington, NC 28405 Re: Response to 10-10-18 email SW8 060149 The Wye Subdivision Dear Ms. Lewis, EGERVE = NOY 15 20':3 RY: In response to your email from 10-10-18 please see the answers below: 1) A copy of the plat is attached as obtained from Carteret County Register of Deeds 2) The google earth mapping of the lots that have been constructed on our attached and are in compliance with the Stormwater Permit Requirements 3) 306 and 308 Fulford were included by mistake. They are not part of the development or contribute to the drainage area of the pond. If I can provide any additional information, please let me know. Si nc� 4, CJ41A, R ald D. Cullipher, P.E. Cc: Hubie Tolson HESTRON PLAZA TWO 151- A NC HWY 24 MOREHEAD CITY, NC 28557 (252) 773- 0090 Lewis,Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 12:34 PM To: 'hubie@uhfdevelopmentgroup.com' Cc: Ron Cullipher (ron@tcgpa.com) Subject: FW: SW8 060149 The Wye Subdivision - Revised 01 Please add another comment to the list below: 4. The recorded deed restrictions do not contain all of the permit -required statements. Please file an amendment to add the missing statements and provide a copy of the recorded amendment to the Division. Thanks, Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 12:27 PM To: 'hubie@uhfdevelopmentgroup.com' <hubie@uhfdevelopmentgroup.com> Cc: Ron Cullipher (ron@tcgpa.com) <ron@tcgpa.com>; Scott, Georgette <georgette.scott@ncdenr.gov> Subject: SW8 060149 The Wye Subdivision ME The Division received the transfer application for the subject project on August 24, 2018. The following information is needed in order to make the application complete: A copy of the recorded plat for the subdivision. Verification of the built -upon area on each lot. This is not simply in the form of a statement, but actual documentation (i.e., tax record sketch plans, Google maps, and/or as -built surveys) and calculations of the amount of BUA on each lot to demonstrate that it does not exceed the 3299 sf maximum. . 3. The lot listing which provides documentation that more than 50% of the lots have been sold, includes 2 lots that were not part of the original permit, 306 Fulford Street and 308 Fulford Street. If these lots were added to the subdivision and contribute runoff to the permitted wet pond, please modify the permit to reflect the additional drainage area and BUA. Please provide the requested information by November 10, 2018. Upon receipt of this information, the inspection will be conducted. Please conduct any necessary maintenance to restore the pond to design condition prior to the inspection. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality B10-796-7215 Office linda.lewis(o)ncdenr. oov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Burd, Tina J From: Burd, Tina J Sent: Thursday, August 30, 2018 10:32 AM ran�j e a,-( To:'hubie@uhfdevelopmentgroup.com';'waft@wrwood.com';'tinaf@newbe4rnforreni.com' Subject: SW8 060149 - The Wye Subdivision The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Transfer Application and $505.00 fee for the subject project on August 24, 2018. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Please be advised that the construction of built - upon area may not commence until the Stormwater Permit is issued. Best regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Burd, Tina J From: Burd, Tina J Sent: Thursday, August 30, 2018 10:33 AM To: 'tinaf@newbernforrent.com' Cor eet ew aY Subject: FW: SW8 060149 - The Wye Subdivision From: Burd, Tina J Sent: Thursday, August 30, 2018 10:32 AM To: 'hubie@uhfdevelopmentgroup.com' <hubie@uhfdevelopmentgroup.com>; 'walt@wrwood.com' <walt@wrwood.com>; 'tinaf@newbe4rnforrent.com' <tinaf@newbe4rnforrent.com> Subject: SW8 060149 - The Wye Subdivision The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Transfer Application and $505.00 fee for the subject project on August 24, 2018. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Please be advised that the construction of built - upon area may not commence until the Stormwater Permit is issued. Best regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and front this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 4 Application Completeness Review Checklist Project Name: 'W J L 5 ?g'yi Date Delivered to WIRO: (� Project BIMS Received/Accepted Date: *BIMS Acknowledged Date: Rule(s): U2017 Coastal U2008 Coastal U1995 Coastal uPhase II uUniversal u1988 Coastal Permit Action: New / Major Mod / Minor Mod / Renew I"% Transfer **New Permit #: ^C-f�� v _ xisting Permit - Permit Type: HD / LD / LD Overall / HD &LD Combo General Permit Offsite / Exempt / Rescission LJPE Cert on File? SCM Type(s): �( Ok� Offsite to SWB: Development Type: Commercial / Residential / Other Master PE Cert on File? Subdivided?: Subdivision or Single Lot For New or Transferred Permits Permittee is: Stream Class: Property Owner(s) DDeveloper ®Lessee ❑Purchaser EIOA ❑SA Map F-1ORW Map Paperwork Emailed Engineer on: R pplement(s) (1 original per BMP) &M with correct/original signatures (1 original per BMP except LS/VFS and swoles) ©Application with correct/original signatures✓ Corp or LLC: Sig. Auth. per SoS or Sign r" a Aut�zation letter or report ( y505 (within 6mo) Check#(s): /36 O ❑No Fee Soils Report: w/SHWT or General Report Calculations (signed/sealed) Deed Restrictions, if subdivided: **Signed & Notarized Template Correct Template (Comm/Res & HD/LD) or Dec. Covem Recorded Covenants Recorded Plats E1 50% or more Lots Sold List Project Narrative EIUSGS Map Plans Email Address: Design Engineer Email Address: Property Owner F77Veed Email Address: Lessee Lease Agreement Email Address: Purchaser Purchase Agreement Email Address: Developer Email Address: HOA Representative F72 Sets Wetlands: Delineated or No Wetlands ❑Vicinity Map Project Boundaries Legend Layout (proposed BUA dimensions) EIDA Maps Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ❑Existing Conditions Landscape Plan Grading r 1PE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Projects -Enter New Permit # on b+—Z, /j�7 w r Supplements & Deed Restiction Templates. LA `/ /i)Y 1Z,y�,•_'�..._- j� cL / e `Z /i) •7 ' " .�j.�niw` ,`-�`a � r' � %tc...� • f' �� "' G:WQ\\\Reference Library\Procedures\Checklists\Comp teness Review Checklist_2018 03 13 cc.� �-ys-x�-• 10�K !1` �� �?�D�IL I�..�' � �(�2�jo,-.•.o SOSID: (1997625 4 Date Filed: 9/27/2018 2:55:00 Pill l Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA C2018 248 00265 D ISPA RTiMENT OF'1'H E SECRETARIOr STATE STATEMENTOF CHANGE OF REGISTERED OFFICE AND/OR REGISTFRED AGENT Pursuant to §55D-3I of the General Statutes ol'Nnrth Carolina, the undersigned entity su'omits the following s"or the purpose of changing its reglstercd e'iicc and/o! registered agent in the State oi'Noah Carolina. l-h- name of the e„ itv is: I INPORMA'I ION CURRENTLY ON FILE I Ca') On 1r. 0 The scree: address and count) of the entity`s registered of lice currently on Ill- is: Number and Siteeenet 3 S f J I ce✓l- P\C)QLJ UU .� to toe ) 6 // 1 ^�/D t U ' —�U 5 - L o-O Cite: I VCw Z!' n Sat-: hC Zic Cede: 3 County: rt11� -1 he mail i na address if e/ifferenrfroni the .street address of the registered office currently on ale is: Nnm'ner i:nd Street: D C X- City: JYLv1L f-ft State: NBC Zip C'odc: Gu S(ill The name ofthe current registered agent is: C�FtS�"I✓t M_ NEW INFORMATION I . The street address and county ofthe sea registered oitice of the entity is: (comple,e,his item wthijihe address of,he registered office is being changed) Conn:,: C lwi ✓en Number(�a r,d Street:( 11 / Ci,v: Q�-( O.UOo-t State: NC Code:_i(98 County: C(�(4_e et 2. 'fhe nazi ling add, ess if different from the street address of the nets registered of"ce is: !complete this item onlr if the address gfihc registered office is being changed) Number and Street: I Ciq: eCk Q , orL State: NC Rip Code: ge 6—( u, County: cm, e r G t I he name of the nets registered aeem and the net, agent's consent to appoimmar, an -ears bclotc: (complete this item wily ijthe nurse oj,he registered agew is being shun ec!)' A INct l tee Wood �C o,�/��%%I NI-eS( den� Ti:pe or Prim Nunle a(,A'etc:igenr 'signunve Re -Pide 4. The address ofthe an:. itY'.s, registered office and the address of the husinesS office of its registered agent. as changed. will he identical. 5. This statement bill be eiT-ctive urlon filing.unless a date and/or time is sn-cilied: n,;,. I 'This is the 1.S day of sy tci� �fer. 20�. T{1e W pl-0 Per �L4 AW Oel S ACS6 r4Tro" -----�r r.jame-1 �11.,f ar0 Signature n WALT- F.e A, worn I G kCSi den^T_ ,Notes: filing 1'ce is S5.00. 'this document must he fled rvl(h the Seeremn of Stair Yjyte of Print i\'ame mid 7 ale Instead of signing here, the nest registered agent mu, sign a separae ssriuen consent to (he appointment, s%hich nmsi he attached to (his vatemenl BUSINLSS Rb'GiSTRA"IION DIVISION P.O. BOX 29622 RALFiGI.1. NC 27626-0622 Revised auk 2017 Folm 131-06 North Carolina Secretary of State Search Results Page I of 1 Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non -Profit Corporation Legal Name The Wye Property Owners Association Information Sosld: 0997625 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 8/23/2007 Registered Agent: Wood, Walter R Addresses Mailing 227 East Front Street New Bern, NC 28560 Principal Office 227 East Front Street New Bern, NC 28560 Reg Office 304 Hedrick Street Beaufort, NC 28516 Reg Mailing P.O. Box 222 Beaufort, NC 28516 https://www.sosne.gov/onlinc_scrviccs/searchl]3usiness_lkegistration Kesults 3/25/2019 r� I CONVEYANCE DOCUMENTATION WYE SUBDIVISION ADDRESS OWNER DEED REFERENCE DEED DATE 300 GORDON ST RAGSDALE, CARL ETUX ALICIA 1424/479 10/24/2012 302 GORDON ST COLLINS, THOMAS ETUX LAURA 1421/135 9/17/2012 304 GORDON ST HUFFINES, JIMMY ETUX PAMELA 1578/356 6/15/2017 306 GORDON ST SNYDER, WILLIAM ETUX LAURA 1480/400 6/6/2014 308 GORDON ST WHITLEY, TONJA BASS 1596/196 12/29/2017 310 GORDON ST UHF DEVELOPMENT INC 1221/439 5/l/2007 300 HEDRICK ST FETZER, SUSAN 1460/168 9/17/2013 301 HEDRICK ST ANDREJAK-NELSON LIVING TRUST 1444/141 4/19/2013 302 HEDRICK ST ADAMS, JODY ETVIR STUART 1527/217 12/4/2015 303 HEDRICK ST KELLERMAN, KIMBERLY 1401/375 3/5/2012 304 HEDRICK ST WOOD, WALTER ETUX BEVERLY 1411/358 6/11/2012 305 HEDRICK ST PRAGER, BRUCE ETUX MARY 1539/172 4/12/2016 307 HEDRICK ST KISPERT, JAMIN ETAL PATRI 1421/133 9/17/2012 308 HEDRICK ST PENICK, C WAYNE ETUX JANE 1469/432 1/13/2014 309 HEDRICK ST WYE PROPERTY OWNERS ASSOC. 1603/89 3/20/2018 (COMMON AREA) 310 HEDRICK ST SINK, JEROME ETUX HEATHER 1499/389 1/29/201S 311 HEDRICK ST TYMINSKI, KENNETH ETUX JUDITH 1427/193 11/14/2012 312 HEDRICK ST BURGIE, ROBERT ETUX MISTY 1538/425 4/6/2016 313 HEDRICK ST GUTIERREZ, JOSE ETUX CELIA 1474/421 3/27/2014 315 HEDRICK ST UHF DEVELOPMENT INC 1221/439 5/l/2007 305 FULFORD ST MAUNEY, WILLIAM ETUX SUSAN 1456/181 8/8/2013 307 FULFORD ST ELMORE, LARRY ETUX CAROL 1537/315 3/24/2016 309 FULFORD ST UHF DEVELOPMENT INC 1221/439 5/1/2007 1017 BROAD ST JENKINS, SHANNON ETUX WHITNEY 1362/177 12/21/2010 1019 BROAD ST PRITCHARD, THOMAS ETUX LORI 1377/435 6/9/2011 �i ✓ .. "w.,"!mil � .� - $ `'� j' t r.. ,.. � t � � � •��� ry�.� tea. �r zyr ��:. �i �.,,� �: �. u,� "+R"�,.5f ��,`S�rr `: ! ��_-'-i_� j S • '4+ F!:!ll � . r - die t tin {;. MIA f flu ( 43 fix � f rv^[if} i t - t l f ~fir,•... + r~ F i �`' 4 � , r " r t � ..._x+r - 5y � `_'"'e' ��•1 x�i '� �� / Y� ��y�����.���� � �f�'' � r��. t , t= 4y •i r`v fx5' # x'J }} 1' £ j. t.� d^I, PAR fill ol COD �. a... ACL t'f_` � er +i t w ,� 'S •tY -;f � `�' �.*f- --- r. -_ ��— _ 'i..� 11 _ -- >- r - - :,•_. era rn . -1 (IF FOR REGISTRATION REGISTER OF DEEDS STATE OF NORTH CAROLINA COUNTY OF CARTERET Excise Tax: N/A Tax Parcel ID No. 730618400095000 and 730506492990000 Prepared (without title search) by and return to: Mark S. Hartman DAVIS HARTMAN WRIGHT PLLC 209 Pollock Street New Bern, North Carolina 28560 THIS DEED, made this the � day of rFeW� 2018 by GRANTOR: UHF DEVELOPMENT, INC., a North Carolina limited liability company, in favor of GRANTEE: THE WYE PROPERTY OWNERS ASSOCIATION, a North Carolina non-profit corporation, 3515 Trent Road, Suite 16 New Bern, North Carolina 28562 W I T N E S S E T H: Karen S. Hardesty Carteret County, NC March 20, 2018 3:45:07 PM DEED # Pages: 3 Fee:$26.00 NC Revenue Stamp:$0.00 FILE # 1603089 SPECIAL WARRANTY DEED IECEIVE AUG 2 4 2018 ft_-_------ For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the exceptions and reservations hereinafter provided, if any, the following described property, located in the County of Carteret, State of North Carolina, and more particularly described as follows: THE POND TRACT That certain "Common Area" containing approximately 0.837 acres, bounded on the: (a) east by Lots 7-13; (b) south by the northern right of way of Broad Street; (c) west by Lots 1- 6, the eastern right of way of Gordon Street and the Beaufort Fire Station; and (d) north by the southern right of way of Cedar Street, all as more particularly shown and delineated on that certain Revised Final Plat Wye Subdivision, prepared by Kendall E. Gaskins, PLS (L- 3824) on November 24, 2006 and recorded in Plat Book 31, at Page 329 in the Office of the Register of Deeds of Carteret County, North Carolina (the "Pond Tract'). The same being all or part of Carteret County Tax Parcel No. 730618400095000. submitted electronically by "Davis Hartman Wright PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret County Register of Deeds. 1; 1603089 THE EASTERN SIDEWALK TRACT That certain "Common Area" containing approximately 0.067 acres, bounded on the: (a) east by Lots 21 and 22; (b) south by Lot 16; (c) west bythe eastern right of way of Hedrick Street; and (d) north by Lot 17, all as more particularly shown and delineated on that certain Revised Final Plat Wye Subdivision, prepared by Kendall E. Gaskins, PLS (L-3824) on November 24, 2006 and recorded in Plat Book 31, at Page 329 in the Office of the Register of Deeds of Carteret County, North Carolina (the "Eastern Sidewalk Tract"). The same being all or part of Carteret County Tax Parcel No. 730506492990000. THE WESTERN SIDEWALK TRACT To the extent, if any, not included In the Pond Traci, that certain "Common Area" (although not labeled as such) containing approximately 0.051 acres (although no calculation of such Is shown —just the dimensions of the borders), bounded on the: (a) east by the western right of way of Hedrick Street; (b) south by Lot 10; (c) west by the Pond Tract; and (d) north by Lot 9, all as more particularly shown and delineated on that certain Revised Final Plat Wye Subdivision, prepared by Kendall E. Gaskins, PLS (L-3824) an November 24, 2006 and recorded in Plat Book 31, at Page 329 in the Office of the Register of Deeds of Carteret County, North Carolina (the "Western Sidewalk Tract"). The same being part of Carteret County Tax Parcel No. 730618400095000. Said property having been previously conveyed to Grantor by instrument recorded in Book1221, at Page 439 in the Office of the Register of Deeds of Carteret County, North Carolina. TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple, free and clear of all right, title, claim and interest of Grantor. And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor. This conveyance is made subject to the following exceptions and reservations: 1) All such road, railroad, public utility and similar easements or rights -of -way, if any, as may serve, cross, encroach upon, or otherwise affect the property herein conveyed; 2) All such zoning ordinances and other governmental regulations, if any, as may apply to the property herein conveyed; 3) All matters which would be revealed by a current and accurate survey of the property her 4) All easements, rights -of -way, covenants and restrictions of record, if any; and AUG 2 4 2018 5) All ad valorem taxes for the current year. Grantor hereby represents and warrants that, to the best of its knowledge, throughout Grantor's owrf&shiPTWtnn'property herein conveyed, Grantor has substantially complied in all material respects with all private, local, state and federal restrictions, covenants, laws, rules and regulations applicable to said property, including without limitation, any and all North Carolina Department of Environmental Quality (or its predecessor, North Carolina Department of Environmental and Natural Resources) permits regarding the Pond Tract. Grantor shall indemnify and hold harmless Grantee for any violations or failures to have so complied prior to the date of the state's approval of the transfer of the permit to Grantee. Such representations and indemnity shall survive the execution, delivery, acceptance and recordation of this Deed. By acceptance and recordation hereof, Grantee agrees to hereafter substantially comply in all material respects, at its sole cost and expense, with all private, local, state and federal restrictions, covenants, laws, rules and regulations applicable to the property herein conveyed, including without limitation, any and all North Carolina Department of Environmental Quality (or its predecessor, North Carolina Department of Environmental and Natural Resources) permits regarding the Pond Tract. Grantee shall indemnify and hold harmless Grantor for any violations or failures to have so complied from and after the date 1603089 of the slate's approval of the transfer of the permit to Grantee. Such representations and indemnity shall survive the execution, delivery, acceptance and recordation of this Deed. All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, Grantor has executed this instrument as of the day and year first above written. UHF DEVELOPM NT, INC. [SEAL) By; s '— (SEAL) ubert G. Tolson, III, President STATE OFV_f-,-'V\ CIRLU\%f\CX-- COUNTY OF (:!,'f A v6 1 I, r"\ `M\ -�A e t1 , a Notary Public for the state and county aforesaid, do hereby certify that HUBERT G. TOLSON, III personally appeared before me this day and acknowledged the due execution of the foregoing instrument in the capacity(ies) indicated above and for the purposes stated herein. Date: 3 : O \ $ - " , Notary Public Notary's Printed or Typed Name (Official Seal) =t'401414. My commission expires: L\ - � 4 - � Ck SMEOVE AUG 2 4 2018 BY: 8/7/2;,%_ % North Carolina Secretary of State Search Results --File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre - Populated Annual Report form Limited Liability Company Legal. Name UHF DEVELOPMENT GROUP, LLC Information Sosld: 0473830 Status: Current -Active Annual. Report Status: Current Citizenship: Domestic Date Formed: 10/20/1998 Registered Agent: Tolson, Hubert G., III Addresses Reg Office Reg Mailing Mailing 227 E. Front Street 227 E. Front Street 227 E. Front Street New Bern, NC 28560-2145 New Bern, NC 28560-2145 New Bern, NC 28560-2145 Principal Office 227 E. Front Street New Bern, NC 28560-2145 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Hubert G. Tolson , III 227 E Front Street New Bern NC 28560 I AUG 2 4 2018 To ooq 9 https:/Iw .sosnc.gov/online_ services/search/Business_Registration_ResuIts 1/1 Nelson, Christine From: Nelson, Christine Sent: Friday, May 09, 2014 8:21 AM To: Coastal Management Services Subject: RE: The Wye Subdivision - SW8 060149 Brenda, Can you please provide an update on the status of this subdivision? Thanks! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Coastal Management Services [mailto:brendaCalcoastalmamtservices.com] Sent: Monday, December 30, 2013 11:35 AM To: Nelson, Christine Subject: Re: The Wye Subdivision - SW8 060149 Christine Yes we have hired coastal retention Pond to start maintaining and repairing they have already done some work I will get you an update by the end of the week Seni ftom my Verizott lVirele.ss 4G LTE DROID "Nelson, Christine" <christine.nelsonnncdenr.gov> wrote: Brenda, Has there been any progress on the plan of action or work conducted to bring the ponds into compliance? Hope you had a wonderful holiday and a happy new year! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Brenda Stewart [maiIto: brenda(acoastalmgmtservices.com] Sent: Thursday, November 07, 2013 12:00 PM To: Nelson, Christine Subject: RE: The Wye Subdivision - SW8 060149 Christine, I engaged two pond services companies to evaluate and quote the pond needs. I am still waiting on their response. I should have a plan to run by you soon. I have attached the engineer certification. Best Regards, Nelson, Christine From: Coastal Management Services [brenda@coastalmgmtservices.com] Sent: Monday, December 30, 2013 11:35 AM To: Nelson, Christine Subject: Be- The Wye Subdivision - SW8 060149 Christine Yes we have hired coastal retention Pond to start maintaining and repairing they have already done some work I will get you an update by the end of the week Senl fi•onr nry Perizon If"ir•eless 4G LTE DRO/D "Nelson, Christine" <christine.nelsoii a iiedenr.sov> wrote: Brenda, Has there been any progress on the plan of action or work conducted to bring the ponds into compliance? Hope you had a wonderful holiday and a happy new year! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Brenda Stewart [mailto:brendaCobcoastalmgmtservices.com] Sent: Thursday, November 07, 2013 12:00 PM To: Nelson, Christine Subject: RE: The Wye Subdivision - SW8 060149 Christine, I engaged two pond services companies to evaluate and quote the pond needs. I am still waiting on their response. should have a plan to run by you soon. I have attached the engineer certification. Best Regards, AlYB/ d Brenda Stewart CMCA:w Certified A•lanoger c f Cownrunim assuc iiuions From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: Wednesday, October 23, 2013 11:53 AM To: brenda@coastalmemtservices.com Cc: Scott, Georgette Subject: The Wye Subdivision - SW8 060149 Brenda, r Nelson, Christine From: Scott, Georgette Sent: Tuesday, November 12, 2013 8:24 AM To: Nelson, Christine Subject: RE: The Wye Subdivision - SW8 060149 It says on the certification that it was done for the original construction in 2008, however they are just sending. So basically we can accept the certification and just ask them to clean according to the original certified depths. G From: Nelson, Christine Sent: Thursday, November 07, 2013 12:08 PM To: Scott, Georgette Subject: FW: The Wye Subdivision - SW8 060149 How can the system be certified on 11/7 if the work still needs to be done? For instance, the Inspection report indicates that the pond needs to be cleaned out, and Brenda's contacted several companies to conduct the work, but the PE has certified that the required depths are provided. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Brenda Stewart [mailto:brendaColcoastalmgmtservices.com] Sent: Thursday, November 07, 2013 12:00 PM To: Nelson, Christine Subject: RE: The Wye Subdivision - SW8 060149 Christine, I engaged two pond services companies to evaluate and quote the pond needs. I am still waiting on their response. I should have a plan to run by you soon. I have attached the engineer certification. Best Regards.. Brenda Stewart CMCA<, C'ert!/ied Adanager r'i'Conununim . dssuciations From: Nelson, Christine [mailto:christine.nelson@ncdenr.eov] Sent: Wednesday, October 23, 2013 11:53 AM To: brenda@coastalmgmtservices.com Cc: Scott, Georgette Subject: The Wye Subdivision - SW8 060149 Brenda, As requested, a copy of the recent inspection report for the Wye Subdivision is attached. Please send us the plan of action that lists the actions that will be accomplished to correct the deficiencies as well as the expected timeframes for conducting those actions. Please let me know if I can be of further assistance. Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. AVOLIS ENGINEERING. P.A. P.O. Box 15564 - New Bern, North Carolina 28561 Office: 252.633.0068 November 7, 2013 North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Engineer's Stormwater Certification — SW8 060149 The Wye Subdivision Carteret County, North Carolina AE Project No. 04158 Dear Sir/Madam: Enclosed please find the final Engineer's Stormwater Certification for the above -referenced project. Should you have any questions relating to this matter or need any additional information or assistance, please do not hesitate to call. Sincerely, Avolis, P.E. Mr. Hubie Tolson NOV 0 8 2013 Nelson, Christine ` From: Nelson, Christine Sent: Wednesday, October 23, 2013 11:53 AM To: 'brenda@coastalmgmtservices.com' Cc: Scott, Georgette Subject: The Wye Subdivision - SW8 060149 Attachments: 2013 10 cei_bims 060149.pdf Brenda, As requested, a copy of the recent inspection report for the Wye Subdivision is attached. Please send us the plan of action that lists the actions that will be accomplished to correct the deficiencies as well as the expected timeframes for conducting those actions. Please let me know if I can be of further assistance. Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. vEv^6TMpy' c�t J o LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: UHF -Development, LLC REPORT FOR THE YEAR: 2013 SECRETARY OF STATE L.L.C. ID NUMBER: 0862518 NATURE. OF BUSINESS: Real Estate developmeiu REGISTERED AGENT_ Tolson, Hubert G. III REGISTERED OFFICE MAILING ADDRESS: 227 East From Strect A'ew Bern, NC 28560 E-Filed Annual Report 947 668 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 227 East From Street Arew Bern, NC 28560 Craven Count• PRINCIPAL OFFICE TELEPHONE NUMBER: (252) 638-4215 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: Name: East Front Street LLC Tide: 11anager Address: 227 E. Front Street Neu, Bern, NC 28560 227 East Front Street New Bern, .NC 28560 227 Fast Front Street New Bern, NC 28560 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES East Front Street LLC, by Hubert G. Tolson III' - Manager FORM MUST BE SIGNED BY A East Front Street LLC, by Hubert G. Tolson ill' - Manager 5/28/2011 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretaq of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 MEMORY TRANSMISSION REPORT TIME :04-19-'13 07:49 FAX NO.1 :910-350-2018 NAME :DENR Wilmington FILE NO. 775 DATE 04.19 07:46 TO 8 912 52247577 4 DOCUMENT PAGES 17 START TIME 04.19 07:46 END TIME 04.19 07:49 PAGES SENT 17 STATUS OR *** SUCCESSFUL TX NOTICE T11 Fs 71-7 *k* -f�, A s pl�� J- Z�,,-:� pp,ra9.2�MM— sva�ir F =REVISED FINAL PLAT = .•1i. ^ A-7 �°` WYE SUBDIVISION Y•r. d1,y'(�p— DESCRIPTION FOR THIS TRACT 15 FOUND IN DEED BOOK 1007 PACE 245 q.. •� TA% PARCEL 930506490971000 ... �m BEAUFORT TOWNSHIP HOA,S4 tin�rrfala�� 'CARTERET COUNTY ?2��' p1°Oeckr`; NORTH CAROLINA SURVEYED: NOVEMBER 24. 2006 m wmnm m L04' SCALE I" = 50' _ 9 r- v,� �..� .a...�i......a. --� '=5 : mM Kendall E. Gaskins PLS Irpp:f St; _ M VE1'IHO PPOPP551.11L Wy/ rA0YA3V:�� SN —t pi62 Ywl Vm[ 1 K2 B5� ' Plw.< 252-2f M99 Poe 252-Nf-5899 31. 3 zH '