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HomeMy WebLinkAboutSW8121019_HISTORICAL FILE_20170906STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 I2-1o1 °1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2U In 0 � U u YYYYMMDD Energy. Mineral & Land Resources ENVIRONMENTAL OVALITV September 6, 2017 LIHTC Ntanagers, LL.C, Manager of Beaufort Spring Housing Associates, LLC ATTN: Lyle D. Gardner, Manager 7706 Six Forks Road Raleigh, NC 27615 Subject: Permit Transfer State Stormwater Management Permit No. S«18 121019 Beaufort Spring Carteret County Dear Mr. Gardner: ROY COOPER Govemor MICHAEL S. REGAN Secretary . TRACY DAVIS Director On July 7, 2017, the Division of Energy, Mineral and Land Resources (DEMLR) received a signed Permit Transfer Application Form from Evergreen Construction Company requesting a transfer of the stormwater management permit for the subject project. A file review.., and site inspection was performed on June 7, 2017 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. By acknowledging receipt of the permit, and by signing the Permit Transfer Application Name/Ownership Transfer form, you have accepted the responsibility for complying with the terns and conditions outlined in this permit. The Division is hereby notifying you that permit SWS 121019 has been transferred on September 6, 2017 and to remind you that this permit shall be effective until January 10, 202.1. For your records, please find enclosed a copy of the updated page 2 of the previously issued permit, a copy of the inspection report, and a copy of the Permit Transfer Request Application fomt. Please attach this cover letter and updated page 2 to the permit previously issued on June 22, 2017. This permit is issued subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCIM(s), recordation of deed restrictions, and the 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 limit built -upon area, to transfer the permit or to renew the permit, 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 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 v<uw.NCOAH.com. Unless such demands are made this permit shall be final and binding. State or Nonh Carolina 1 Enrlronmenlal Qualify I Energy. Mineral and Land Resources Wilmington Regional OfTce 1127 Cardinal Drive Ezknsion I Wiliningtun,NC 29405 9107967215 State Stormwater Permit No. SP78 121019 Page 2 of 2 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; -A, Tracv Davis, P.E.; Director Division of Energy; Mineral and Land Resources GDS/arl- G:A\\Stormwater\Permits &- Projects\2012\121019 HD\2017 09 permit 121019 cc: Igor Palvvoda, Y.E., Baldwin & Associates Town of Beaufort Building Inspections Division of Coastal Management, Morehead City Office Wilmington Regional Office Stormwater Pile State of North Carolina I Environmental Quality• I Energy. Mineral and Land Resources Wilmingron Regional Office 1 127 Cardinal Drive Extension I t45hnington. NC 25405 910 7146 7215 State Stormwater Management Systems Permit No. SW8 121019 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 Beaufort Spring Housing Associates, LLC Beaufort Spring US Hwy 70, Beaufort, Carteret County FOR THE construction, operation and maintenance of one (1) constructed wetland, within '/z mile of and discharging to SA waters, in compliance with Session Law 2008-211 and the provisions of 15A NCAC 2H .1000 (hereafter, 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 and Land Resources (hereafter, DEMLR or Division) and considered a part of this permit. This permit shall be effective from the date of issuance until January 10, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 2 lots, each limited to a maximum amount of built - upon area as indicated in Section 11.14 (f) of this permit. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.10 of this permit. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The stormwater wetland has been designed to treat the runoff from 141,738 square feet of built -upon area. 4. The maximum built -upon area allowed for the entire subdivision is 141,846 square feet. Of this amount, 141,738 square feet will drain to the stormwater wetland and 108 square feet of sidewalk will drain to the infiltration area/stilling basin to obtain settling prior to being discharged. Direct discharges to SA waters are not allowed. Swale discharges from the design storm must either be infiltrated or diffused at a non -erosive velocity into the vegetated buffer or other natural area. The vegetated buffer or natural area must be capable of providing effective infiltration of the runoff from the design storm. The infiltration area/stilling basin will provide effective infiltration for the runoff from the 108 square feet that cannot drain to the stormwater wetland. Page 1 of 8 State Stormwater Management Systems Permit No. SW8 121019 5. 'The drainage area will be limited to the amount of built -upon area indicated in Section 11.14 of this permit, and per approved plans. The built -upon area for the future development draining to the stormwater wetland is limited to 54,339 square feet. 6. A 50' wide vegetative buffer must be provided adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 7. The volume in excess of the design storm must flow overland through a level spreader and 50 foot vegetative filter strip, designed per NCAC 2H.1008 (0 to pass the peak flow from the 10 year storm in a non -erosive manner. The stormwater wetland design storm must discharge to a level spreader and filter strip capable of providing effective infiltration per SL2008-211, Section 2(b), (1)(c)(2). Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the lot has obtained a separate Offsite Stormwater Management Permit. 10. The following design criteria have been approved for the constructed wetlands stormwater facility, and must be provided in the system at all times: a- Drainage Area #1, acres: 5.93 Onsite, ft2: 258,311 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 141,738 Lot 2 Buildings, ft2 29,185 Lot 2 Parking ft2: 26,594 Lot 2 Sidewalk, ft2: 10,521 Lot 2 Entrance Road, ft2: 21,099 Lot 1 (Future), ft2: 54,339 c. Plant Depth, inches: 12 d. TSS removal eff., %: 85% e. Design Storm, inches: 3.66 f. Permanent Pool Elevation, FMSL: 95 g. Permitted Wetland Surface Area, ft2: 39,000 h. Shallow Land Area, ft2: 15,600 i. Shallow Water Area, ft2: 15,600 j. Deep Pool Area, ft2: 7,800 k. Permitted Temporary Storage Volume, Wt 39,000 I. Temporary Storage Elevation, FMSL: ( 10.5 m. Controlling Orifice 0": 300 n. Trees 0 o. Shrubs 0 p. Herbaceous Plants 7,800 q. Receiving Stream / River Basin ( Turner Creek / WOK04 r_ Stream Index # / Classification 21-35-1-11-1 / SA HOW Page 2 of 8 State Stormwater Management Systems Permit No. SW8 121019 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be entirely constructed, vegetated and operational for its permitted' use prior to the construction of any built -upon surface. 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. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 121019, as issued by the Division under NCAC 02H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 54,339 square feet for Lot 1 and 87,507 square feet for Lot 2. 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 is defined in NCGS 143-214.7. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be achieved by piping or grading. h. Built -upon area in excess of the permitted amount will require a permit modification. j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. I. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 4. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed, unless and until a permit modification has been approved by the Division. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 121019 6. The permittee is responsible for the routine monitoring of the project to assure continued compliance with the built -upon area limits, grading and storm drainage system established by this permit, the permit documents, the approved plans and the recorded deed restrictions. The permittee shall notify any non -compliant lot owner in writing and shall require timely remediation of the non-compliance. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. All stormwater runoff collection and control measures must be contained within either a public right-of-way, dedicated common area or recorded easement. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. 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. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area as reported on the application documents. d. Altering, removing, regrading, relocating, or resizing of any component of the approved stormwater runoff collection system and/or the approved stormwater BMPs. e. The construction of built -upon area within any permitted future development areas shown on the approved plans. f. The construction of permeable pavement, areas of #57 stone, or public trails for BUA credit. g. Any other revisions as determined by the Director. 12. The permittee shall 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 Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 121019 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. III. GENERAL CONDITIONS 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, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07, 2. The permittee shall submit a competed Permit Update Form to the Division within 60 days of any one or more of the following events: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the current permittee; 3. The permittee is responsible for compliance with all permit conditions until the Division approves a request to transfer the permit. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 4. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit is subject to enforcement action by the Division in accordance with NCGS 143 Article 21. 5. The issuance of this permit does not preclude the Permittee from complying with all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 6. If the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. The permittee grants DEMLR Staff permission to enter the property during normal business hours to inspect all components of the permitted stormwater management facility. 8. The permit issued shall continue in force and effect until revoked or terminated. 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. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 121019 Unless specified elsewhere, 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. 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 permit, O&M agreements, and the approved plans on file. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 12. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit transferred and reissued this the 6th day of September 2017. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION PO W' I racy uavisQN.L., uirector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8 121019 Beaufort Spring Page 1 of 2 Stormwater Permit No. SW8 121019 Carteret County Designer's Certification I as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date [ MAN Page 7 of 8 State Stormwater Management Systems Permit No. SW8 121019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The wetland zone elevations are per the approved plan. 6. The wetland is located per the approved plans. 7. A trash rack is provided on the outlet structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of wetland zone surface area and volume have been provided. 12. Required drawdown devices are correctly sized and located per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided. 15. The required number of wetlands plantings have been provided. cc: NCDEMLR-DEQ Regional Office Town of Beaufort Building Inspections Page 8 of 8 Ut1V1LK'U5tVNL 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(tes), 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: S W g k I 2. Project name: 3. Reason for thi C 1'n-Ar-A ' Con hvy Is this an updated project name from the current permit? ❑ Yes V No VX6,3 S') 15 , eqd k-1 ECEIVE JUL 01 1111 BY: Stormwater Permit Transfer Application Form Page 1 of 7 April 21, 2017 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 transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select 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. ECEIVE JUL 0 7 209 BY: Stormwater Permit Transfer Application Form ,Page 2 of 7 April 20, 2017 �•1�'J•'''''T•. _ ' i[� -�l _ _ _ � •y 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.: 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. 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. 4. The signed and notarized applicable operation and maintenance agreement(s) from the proposed permittee, as required by the permit. 5. Legal documentation that the prgperty 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. 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. 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. VL 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. >A 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. 10. A copy of the lease agreement if the proposed permittee is the lessee. .i A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. ECG JUL 0 7 2W BY: Stormwater Permit Transfer Application Form Page 3 of 7 April 20, 2017 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1. Current Permit Holder's Company Na 2. Signing Official's Name: 3. Signing Official's Title: 4. Mailing Address: City: Q 5. Street Address: City: 6. Phone: Email: State: ZIP : Ly1eDGly w , the current permittee, am submitting this application for a I transfer bf ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ��^v/ the most recent permit, L—�,/the designer's certification for each SCM; Ly any recorded deed restrictions, covenants, common areas, drainage easements or plats; [Z^/ the approved plans and/or approved as -built plans; L2 the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required), W 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 b pproved by the DEMLR unless and until the facility is in compliance with the permit. Signature: � Date: 15)1_b ) I, bSArtt� S- Va hy\ a Nota 1q r;J5(t a County of ) f da�4i rdy7ce_rLiIm that LJ� �. W persona appeared before this the 2� �, day of trpW 20—Q-1 and ack owe ge a ue execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) ��"" r — IQ �®TAgY Notary Signature: UBLIC My commission e L <y 0V%F� a� Stormwater Permit Transfer Application Form Page 4 of 7 April 20, 2017 �'( fi i :P' � �tJ' '.i �C a E. PROPOSED PERMITTEE INFORMATION ThQ proposed permittee is the: 7 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 provideI the name): Corporation, LLC, Partnership, Municipality name: bPo S2OTt1W ,10%))N ❑ HOA I POA I UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information a. Signing Official's Name: �� b. Signing Official's Title: M c. Mailing Address: IN City: d. Street Address: C S City: e. Phone: (WADI Email: "W ZIP ZIP : 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: b. Contact Name: Title: c. Mailing Address: d. City: State: _ ZIP: e. Phone: ( ) Email: ECEI V E JUL 0 7 2097 BY: Stormwater Permit Transfer Application Form Page 5 of 7 April 20, 2017 E'a 4 �_ f �R ',iS''. � ! .1!a, . . _. _ _i'-' F. PROPOSED PERMITTEE CERTIFICATION I, W LO 1h. eaA/ , hereby notify the DEMLR that I have acquired through sale, lease, devblopment 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): L29 the most recent permit; t,� the designer's certification for each SCM; 5/.any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; rzthe approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ria copy of the most recent inspection report; N' Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a `plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written 'plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans, and I will (construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. Signature Date: SIP q I,yk � -C� . ko / I✓\ , a Notary Public for the State of �I C County of \1NVY_lz_ , do hereby certify that W, e Z- personally appeared before me this the day of 20n, and acknowledge the due execution of the forgoing instrument. Witness y hand and official seal, (Notary Seal) Notary SignatureAO My commission ex\ Stormwater Permit Transfer Application Form Page 6 of 7 �� ; ®s 10 ,� NOTARY PUBLIC ECEI lP G JUL 0 7 2097 BY: Aril 20, 2017 i� f is �� ,'� •' i,JI , 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 expires_ Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness `GGIVE JUL 0 7 209i BY: Slormwater Permit Transfer Application Form Page 7 of 7 April 20, 2017 Business Registration Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh,NC 2762E-0622 (919)31E-`. 00 Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: LIHTC Managers, LLC Limited Liability Company Information Account Login Create Account Sosld: 1215654 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 8/4/2011 Fiscal Month: December Registered Agent: Gardner, Lyle D Corporate Addresses Mailing. 7706 Six Forks Rd Raleigh, NC 27615 Principal Office: 7706 Six Forks Rd Raleigh, NC 27615 Reg Office: 7706 Six Forks Rd Raleigh, NC 27615 Reg Mailing: 7706 Six Forks Rd Raleigh, NC 27615 Company Officials All LLCs are managed by their managers pursuant to N.C.G. S. 57D-3-20. Member/Manager: Member/Manager: Lyle D Gardner 7706 Six Forks Rd Raleigh NC 27615 Timothy G Morgan 7706 Six Forks Road Raleigh NC 27615 https:/hN,�N-A,.sosnc.gov/Search/profcorp/9808838 8/31/2017 LIMITED LIABILITY COMPANY NAME OF LIMITED LIABILITY COMPANY: LIHTC SECRETARY OF STATE ID NUMBER: 1215654 REPORT FOR THE YEAR. 2017 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Lyle D Gardner 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 7706 Six Forks SOSID: 1215654 Date Filed: 4/19/2017 11:59:00 PNI Elaine F. Alarshall North Carolina Secretary of State ANNUAL REPCI CA2017 1.09 09316 LLC STATE OF FORMATION: NC SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 7706 Six Forks Rd Raleigh, NC 27615 Wake Raleigh, NC 27615 Wake SECTION B: PRINCIPAL OFFICE INFORMATION Fllina Obim Use Cn:y Changes 1. DESCRIPTION OF NATURE OF BUSINESS: Management of Low Income Multifamily Properties 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 848-2041 3. PRINCIPAL OFFICE EMA, Privacy Redaction O O 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS O. '9 7706 Six Forks Rd 7706 Six Forks Rd Raleigh, NC 27615 Wake Raleigh, INC 27615 Wake SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Lyle D Gardner TITLE Member/Manager ADDRESS: 7706 Six Forks Rd NAME Timothy G Morgan NAME: TITLE: Member/Manager TITLE: ADDRESS 7706 Six Forks Road Raleigh, NC 27615 Wake Raleigh, NC 27615 Wake ADDRESS: SECTION D: CER FICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. r SIGNATURE 4111 DATE Form must be signed by a Company Official listed under Section C of this form. L y/e Q 6" kdvq el - Print or Type Name of Company Official mt)-f � Yhuu� r� Print or Typ The Title of t Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF S200 gal MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525. Raleigh, NC 27626-0525 N1 W Casme7, Jo From: Casmer, Jo Sent: Wednesday, July 19, 2017 8:43 AM To: o�'lylegardner@aol.com';'ipalyvoda@baldwinandassociatesnc.com' Subject: GL 9� L s, Beaufort Spring; Stormwater Permit SW8 121019 A Cl The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Ownership Transfer Application and $505.00 fee on July 19, 2017. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Jo Casmer Administrative Assistant for DEMLR/Stormwater Seciton North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io casmer(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 -5/`Nothfng Compares...._. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Project Name: Project Location: CompleteC�ness Review Checklist Received Date: dv,t —7 2sD 17 Accepted Date: IRule(s) 2008 Coastal 1995 Coastal Phase II (WiRO) ❑Universal �1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): / 3,-) a (� nPE Cert on File? Density: HD or LD Type: Commercial or Residential FNC& W Flo OK?) Stream Class: nSA Map I nOffsite to SW8 (Subdivided?: Subdivision or Single Lot 11 JORW Map I I JExempt Paperwork Emailed Engineer on: ❑Supplement(s) (1 original per BMP) BMP Type(s): ❑O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) DA170ication with correct/original signatures eed IJ' or LLC: Sig. Auth. per SoS�or letter Email Address: 505 (within 6mo) Email Address: Design Engineer OW=I ❑Soils Report with SHWT Note to Review el Calculations (signed/sealed) P£ No obvious errors S C3pDensity includes common areas, etc aeed Restrictions, if subdivided: nSigned & Notarized Plans M2 Sets Grading ❑Vicinity Map Legend Infiltration Soils Report SHWT: Bottom: Information: Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Delineated or No Wetlands Layout (proposed BUA dimensions) DA Maps Wet Pond Soils Report SHWT: PP: Project Boundaries F-1PE Cert for Master Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: Lot # Matches Master sf Permitted Proposed: Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) sf BaldwinDesign Consultants^ ENGINEERING . SURVEYING - PLANNING May 15, 2017 Evergreen Construction Co. Attn: Lyle D. Gardner 7706 Six Forks Road, Suite 202 Raleigh, NC 27615 REF: Beaufort Spring — 2017 Annual BMP Inspection Dear Mr. Gardner: On May 9, 2017, Baldwin Design Consultants, PA inspected your stormwater facility located at 1793 Live Oak Street in Beaufort, NC in order to ensure proper operation and maintenance required by your BMP agreement. Upon the inspection, it was found that structurally the BMP is functioning properly. However, the following maintenance items will need to be addressed: 1. Selectively remove nuisance vegetation (i.e. cattails) via wick wiping treatment so as not to damage desirable wetland plants in shallow water and shallow land areas of the BMP. 2. Thin or remove wax myrtles growing along perimeter in shallow land areas. 3. Maintain all of BMP perimeter more frequently in order to limit nuisance vegetation in the future. 4. A maintenance log should be prepared, which is a requirement of the BMP agreement. If there are any questions or concerns please contact me at (252) 756-1390 or email me at ipalyvoda@baldwindesignconsultants.com. Sincerely, IgBr Palyvod &PE Vice President CAR�C/ �P�:�Essidyg1'�9 0 ` p4At- 249 Q �• OR PAS•• ECEIV JUL 0 7 20V BY: 17005D+EAST ARLINGTON BOULEVARD, GREENVILLE. NORTH CAROLINA 27858 " NcBELs lac. No. c-3499 TEL 252.756 1390 FAx 252.321.1412 www.BALDWINDESIGNCONSULTANTS.com Baldwin Design Cons tants, PA ENGINEERING . SURVEYING • PLANNING 1700-D East Arlington Blvd - Greenville, NC 27858 252-756-1390. 252-321-1412 (fax) To: NCDEQ - DEMLR 127 Cardinal Drive Ext. Wilmington, NC 28405 Le,# e.r Oaf Tr170M ►10I Date: Job No: 7/5/17 17-032 Attention: - Georgette Scott Re: Beaufort Storage We are sending you: [-] Attached ❑ Under separate cover via the following: ❑ Drawings ❑ Plans E Prints ❑ Pay Request/ 11 Invoice Specifications ❑ Letter ❑ Package F-1 Other LEI -a- te I Number 1 7/5/17 Cover letter 2 5/2/17 Submittal documents as specified in cover letter E9V JUL 07 2M BY: Transmitted as checked below: For approval ❑ Approved as noted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as submitted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected copies 11 For review Other Remarks: BaldwinDesign Consultants^ ENGINEERING - SURVEYING - PLANNING July 5, 2017 Georgette Scott Environmental Program Supervisor NC DEQ — DEMLR 127 Cardinal Drive Extension Wilmington, NC 28405 REF: Transfer of Stormwater Permit No. SW8 121019 Ms. Scott: Attached you will find the following documents relative to the above referenced state stormwater permit transfer request. 2 complete submittals containing the following information: 1. Permit Transfer Application Form 2. Most recent updated master permit (No. SW8 121019) 3. NC Secretary of State articles of incorporation and documentation showing that Beaufort Spring Housing Associates, LLC is in good standing 4. Signed Operation and Maintenance Agreements 5. Deed Book 1426 Page 88 of the Carteret County Register of Deeds 6. Signed and sealed as -built ALTA survey that includes built upon area data 7. Signed and sealed partial and final certifications from licensed professionals 8. Signed and sealed pond inspection report letter 9. Recorded restrictive covenants for built upon areas per each lot, drainage easements, maintenance responsibilities of lot owners, etc. that run with the land. 10. $505 check for processing fee Please note that Linda Lewis is familiar with the project that involved updating the most recent revised original master stormwater permit and the associated off -site stormwater permit. She might be able to assist with questions regarding the transfer of the master stormwater permit. Upon receipt and review of this information, pleas have any questions concerning this transfer application. f Sincerely, "0 '""-D" �" _ Igor Palyvoda, PE Vice President Attachments ot" CAROM 0 Essioygtiq of Q - SEpE _ 043249 - PAL�%`� ` FIVE JUL 0 7 2017 o Pa(��- , bQLdw,, 6' i S 1700-D EAST ARLINGTON BOULEVARD, GREENVILLE. NORTH CAROLINA 27858 NCBELS Lie. No. C-3498 TEL 252.756 1390 FAx 252.321.1412 www.BALDWINDESIGNCONSULTANTS.com i'Y: 'S4 v .i� ,�. iV �{ �.f.11111 �"� :i � 4��•y�u�2z��C9 �, _ .. `' � �)� gip•, � �: -v.F' .- Je9�C _ �aSFAC ..� _ 'lr �'y;r��u��a,.... {,�1:1A r F� a� •�:,..., Corporations Division https/hvww.sosnc.gov/Search/profcorp/10075266 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARYOFSTATE �y' '�'',.• PO Box 29522 iWeigh,NC 27626-0622 (919)81�5e00 Account Login The North Carolina Secretary of State's Offices will be closed Tuesday, July 4 2017, in observancGreate of Independence Day. The offices will return to regular business hours on Wednesday, July 5 Site 2017. Account Several elections issues have been in the media lately. Please remember that in North Carolina, the NC Secretary of State's Office does not have jurisdiction over elections and voting. Those duties are administered by an independent board of elections. This Department does not oversee that board in any way. Their contact information is as follows:: State Elections Mailing Address: PO Box 27255, Raleigh, NC 27611-7255 Physical Address: 441 North Harrington St, Raleigh, NC 27603 (919) 733-7173 or (866) 522-4723 Elections.sboe@ncsbe.gov Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Beaufort Spring Housing Associates, LLC Limited Liability Company Information Sosld: 1277525 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 9/11/2012 Fiscal Month: December Registered Agent: Gardner, Lyle D Corporate Addresses Mailing: 7706 Six Forks Road Raleigh, NC 27615 Principal Office: 7706 Six Forks Road Raleigh, NC 27615 Reg Office: 7706 Six Forks Road Raleigh, NC 27615 Reg Mailing: 7706 Six Forks Road Raleigh, NC 27615 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager/Member: LIHTC Managers, LLC 7706 Six Forks Rd I of 2 7/4/17, 6:16 PM Corporations Division https:HNvww.sosnc.gov/Search/profcorp/10075266 Raleigh NC 27615 Member: RBC Tax Credit Equality, LLC 600 Superior Avenue East, Suite 2300 Cleveland OH 44114 Member: RBC Tax Credit Equality II, LLC 600 Superior Avenue East, Suite 2300 Cleveland OH 44114 2 of 2 7/4/17, 6:16 PM NORTH CAROLINA, CARTERET COUNTY This Instrument and this cerlMtxte ate duly Iliad at the data and time and In tM Book and Page shown an the Otsl page hnreot- t 'gin .. r FILE 1 IR73 EUR HGG 15IRgi 1011 REG l51EN OF vllUe w L.0 IT llovember 12, 2013 02 4r28 PM NIC DEED 2 P rEE 316 00 FILE k 1465M NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $NONE Parcel Identifier Nos. Out of 7306.12.86,7151000 Verified by County on the _ day of , 20 By Mail/Box to: Grantee ,/This instrument was prepared by: Kohn Law, p L.L.C. 205 W. Millbrock Road Suite 210 Raleigh NC 27609 Brief description for the 'H-7 THIS DEED made thisI of November, 2013, by and between GRANTOR I GRANTEE Beaufort Spring Housing Associates, LLC, a North Carolina limited liability company 7706 Six Forks Road, Suite 202 .Raleigh, NC 27615 C and M Development, LLC, a North Carolina limited liability company 7706 Six Forks Road, Suite 202 Raleigh, NC 27615 Property Address: 1793 Live Oak Street Beaufort, NC 28516 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used hcmin shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSET11, ghat the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto tine Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Wake Forest, Wake Forest Township, County of Wake, North Carolina and more particularly described as follows: BCINC all of Lot 1, containing 1.836 acres, as shown on plat of survey entitled "B GAUFORT SPRING — BEAUFORT TOWNSHIP — CARTERET COUNTY, N.C.", prepared by Baldwin Design Consultants, PA, and recorded in Book of Maps 20*3, Page4l7 of the Carteret County Registry. 32 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1426, Pane 88, Carteret County Registry. E C E I tl`, I All or a portion of the property, herein conveyed _ includes or x does not include th Ima0 ��y residence of a Grantor. JULJJ L17N TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and thereto belonging to the Grantee in fee simple. NC an Anoeialion Form No. J O 1976. lk v,u,d m 1/@010 Ptintea by Agreement w,a the NC Bar Asa,,Oation BOOK �AS PAGE-) `�3 And the Grantor covenants with the Grantee, that Grantor is sci2ed of the premises in fee simple, has the Tight to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant alid defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: I. Ad valorem property taxes for 2013 and subsequent years not yet due and payable. 2. General service and utility easernents, rights of way and restrictions of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. BEAUFORT SPRING HOUSING ASSOCIATES, LLC (Entity Name) By: LIHTC MANAGERS, LLC , its Manager By: Print Name itle: Lyle D. Gardner, Member s By: �' Print Name/ritl : Timothy G. ora, Member STATE OF f c, COUNTY OF \ NY, 1, the undersigned, a Notary Public of the County and Slate aforesaid, certify that Lyle D. Ga.dn n and Timothy G. Morgan, whose identity has been proven by satisfactory evidence, said evidence being: 1 have personal knowledge of the identity of lire princioal(s); ❑ 1 have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of die principal(s); personally came before me this day and acknowledged that they each voluntarily executed the foregoing instrument for the purposes stated therein acid in the capacity indicated. Witness try 11 aid cal, this Ihe!"day of November, 2013. Not Public Print Nil 5'Ip My Commission Expires: — [AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY LEGIBLE] (Official Sea]) NC Bar A5506zUOn Form No. l ® 1976. Revieed 0 I/isioto Princd by Agmcmaa wish the NC Bar Associeticn 1300K1�ALS PAGE 1'�3 NORTH CAROLINA, CARTERET COUNTY This instrument and WI certificate are duly tBee as the 'late and time an in the Book and Page shown on the first page dTarOwux Aaplexdowm Ts IRs+AUMwT vv a R evnxco Br. JCR. Wnv.nv, Ill 11 WnTnnv. W,o-;.nv, Works Lunory & Mna,c PA P O Sox 360, 9uuroxr, tS 28516 &I�V�NII FILE 614N88 FOR REGIS?RATION REGISTER OF DEEDS Grt•r t�Coanw, RD llcyalEer 01, 2012 0414:32 PM iWW DEED 4 P FEE: S26.30 11C REBEIkE STW: $926.DO FILE 114MU Rrnnn R¢coxoc0 Docuurvc To: Hownno Konn Konn 27co W. PLt.0 6 WCCT ox RDA., e 210 Rnuw� FIC 27609 ' WARRANTY DEED STATE OF NORTH CAROLINA PARCEL ID NUMBER: 730612867151000 COUNTY OF CARTERET STAMPS: $926.00 THIS WARRANTY DEED, made this —124 day of October, 2012 by and between Joyce V. Gibbs, widow, by and through her attorney -in -fact, Samuel C. Gibbs, III; Samuel C. Gibbs, IN and wife, Cynthia Gibbs, Grantors, whose address is 307 Yellowood Lane, Asheville, NC 28803 and Beaufort Spring Housing Associates, LLC, Grantee, whose address is 7706 Six Forks Road, Raleigh, NC 27615; W ITNESSETH: That said Grantors, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee in fee simple, all of the following described tract or parcel of land situated in the Town of Beaufort, Carteret County, North Carolina, and more particularly described as follows: See "Exhibit A" This property is not the primary residence of the Grantor. THIS DEED HAS BEEN PREPARED WITHOUT TITLE EXAMINATION. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to the said Grantee, in fee simple. AND said Grantors do covenant with the Grantee that they are seized of the said 1300K 1`4�6 PAGE d property and have the right to convey same in fee simple and that ;hey do warrant and defend the title to the said property against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, said Grantors have hereunto set their hand and seal, the day and year first above written. �`Krct I•l (SEAL) Joyce V. Gibbs, by and through her attorney -in -fact, Samuel C. Gibbs, III (SEAL) Samuel C. Gibbs, III (SEAL) Cynt a Gibbs *&- STATE OF NORTH CAROLINA COUNTY OF BLkVpICb nbe I, JOCCYCAM ('it,IVWIILLCT_ Notary Public of the County and State aforesaid, certify that Samuel C. Gibbs, III, attorney -in -fact for Joyce V. Gibbs, personally appeared before me this day and being by me duty sworn, says that he executed the foregoing and annexed instrument for and in behalf of Joyce V. Gibbs, and that his authority to execute and acknowledge said instrument is contained In an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds of Carteret County at Book 1294, Page 108, on the 30 day of December, 2008, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said Samuel C. Gibbs, III acknowledged the due execution of the foregoing and annexed instrument for the purposes expressed for and in behalf of the said Joyce V. Gibbs. Witness my hand and notarial seal this 3O day of October, 2012. N� Pu61ic My Commission Expires: My � STATE OF NORTH CAROLINA COUNTYOF �jt,tvl \ t, c)c-f-lc rill lVf4L(( r Notary public of the County and State aforesaid, certify that Samuel C. Gibbs, III and wife, Cynthia Gibbs personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal th My C Ission Expires: go/ B00K_jj4 nAGE_g� EXHIBIT "A" LEGAL DESCRIPTION Beginning at an iron pipe on the northern right-of-way of US Highway 70, said iron pipe being the southwestern corner of Lot 5, Thomas Gibbs Subdivision as recorded in Map Book I,. Page 56 of the Carteret County Register of Deeds Office, said iron pipe also being located N 31"26'S0" W 39.86' from a railroad spike located in the centerline of US Highway 70, said railroad spike in centerline of US Highway 70 being located 5 45`05*01" W 139.84' from a railroad spike located in the centerline intersection of Wellons Drive and US Highway 70. From the above described beginning, so located running thence as follows: With the northern right-of-way of US Highway 70, 5 45'05'01" W 241.32' to an iron pipe at the southeastern corner of Lot 3, Thomas Gibbs Subdivision as referenced above, thence leaving the northern right-of-way of US Highway 70 and with the eastern line of said Lot 3, Thomas Gibbs Subdivision, N 31"26'50" W 1563.54' to an iron pipe on the southern line of the East Carolina Community Development Property as described in Deed Book 1369, Page 200 of the Carteret County Register of Deeds Office, thence with the southern lines of said East Carolina Community Property and the Mercer Building & Design, Inc. Property as described in Deed Book 1147, Page 390 of the Carteret County Register of Deeds Office, N 61°33'10" E 235.00' to an iron pipe at the northwestern corner of referenced Lot 5, Thomas Gibbs Subdivision, thence with the western line of said Lot 5, Thomas Gibbs Subdivision,.S 31'26'50" E 1495.04' to the point of beginning containing 8.239 acres and being all of Lot 4, Thomas Gibbs Subdivision as recorded in Map Book 1, Page 56 of the Carteret County Register of Deeds office. BOOK 144,,E PAGE 6z'