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HomeMy WebLinkAboutSW8070303_Historical File_201212174 AC®EER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director December 17, 2012 Gateway Bank & Trust C/o Pat G. Davis, Senior Vice President Special Assets / OREO Department, 112 Corporate Drive Elizabeth City, NC 27909 Subject: Stormwater Permit No. SW8 070303 Name/Ownership Change and Permit Extension Ridge Field Development High Density Subdivision Project New Hanover,County' Dear Ms. Davis: Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that 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. On December 5, 2012, the Division of Water Quality (DWQ) received a permit Name/Ownership Change Form from Ridge Field Development, LLC. A file review and site inspection was performed on June 30, 2012 by DWQ and determined that the site is not constructed. The Division is hereby notifying you that permit SW8 070303 has been transferred on December 17, 2012, and shall be effective until March 26, 2021, which includes the extensions. 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 Name/Ownership Change form(s) submitted on December 5, 2012. Please attach this cover letter and undated nacre 2 to vour permit originally issued on March 26, 2007. This permit is subject to the conditions and limitations as specified in the previously issued 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 changes of 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. 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. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance:1-877-623-6746 Internet. www.ncwaterquallty.org ne NoithCarolina An Fnual Onnortunity 1 Affirmative Action Emolover If you have any questions, need additional copies of the permit or approved plans, please contact David Cox with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7215. Sinc rely, /I; A-01 or harles Wakild, P. E., Director Division of Water Quality GDS/dwc: S:1WQS1Stormwater\Permits & Projects120071070303HD12012 12 permit 070303 cc: John Galarde John Kuske Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 070303 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Gateway Bank 7 Trust Company Ridge Field at Middle Sound 3210 Middle Sound Loop Road, Harnett Township, New Hanover County FOR THE Construction, operation and maintenance of five (5) infiltration basins 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 Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 26, 2021 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1 (7) on page 3 of this permit. The subdivision is permitted for 20 lots, each allowed 3500 square feet per lot of built -upon area on lots numbered 1 through 20; and 36 lots, each allowed 3800 square feet per lot of built -upon area on lots numbered 21 through 56. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection, treatment, and discharge systerns 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. 5. All runoff from built -upon areas on the lot must drain into the permitted system. 6. Monitoring wells shall be provided on each infiltration basin to ensure performance and maintained as described in Section II (6) and (14) (h) of this permit. D-an `3 nF 0 K3 PROJECT NO. 12009 fi ;► REVISED ON 12/1/12 FOR CURRENT PERMITTEE'S WNW SIGNATURE North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secreta; y STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION Note: Information below from original SW Permit application and existing permit 1. Stormwater Management Permit Number: SW8 070303 2. Project Name: Ridge Field at Middle Sound High Density Subdivision Project 3. Current Permit Holder's Company Name/Organization: Ridge Field Development, LLC 4. Signing Official's Name: _John E. Galarde Title: Member Manager 5. Mailing Address: 6800 Wrightsville Avenue, Suite 18 City: Wilmington State: NC Zip: 28403 6. Phone: 910 256-2700 Fax: (� Note current contact information: John E. Galarde PO Box 1568-Wrightsville Beach, NC 28480 Phone: 910 443-8082 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) x❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) © Change in ownership of the property/company (Please complete Items 1, ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 2, 3, and 4 below) 1. Proposed permittee's company name/organization: Gateway Bank & Trust Company 2. Proposed permittee's signing official's name: Pat G. Davis 3. Proposed permittee's title Senior Vice President 4. Mailing Address: Attn.: Special Assets/OREO Department, 112 Corporate Drive City: Elizabeth Cit State: NC Zip Phone: (252 331-4009 Ext . 8230 Fax: ( 252) 338-3119 27909 5. New Project Name to be placed on permit: Ridge Field at Middle Sound Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain Stormwater system features. Print name of HOA or POA in #i above and provide name of HOA/POA's authorized representative in #2 above) rxl The property owner �' ❑ Lessee (Attach a copy of the lease agreement and complete Property Own a'i�i� Aqn Page 4) ++ryry ❑ Purchaser (Attach a copy of the pending sales agreement. Final ap al oa�ff t�h�r rVger ' 11 be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev15Feb2011 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee: 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: N/A ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. x❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. 1, John E . Galarde , the current permittee, am submitting this application for a transfer of ownership for permit # sws 070303 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most re stormwater inspection report to the proposed permittee named in Sections andi V�t�f':t i M6"" further attest that this application for a name/ownership change is accurate ffcompXtltft est of my knowledge. I understand that if all required parts of this application a r 1 II required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to theme proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the unless and until the facility is in compliance with the permit. nature: Date: ��/s•�z \MaKnf E. Gala de ICI ALLeP1,(\ Lam--I�Ue r , a Notary Public for the State of � 4Dr�0 aArbLAAA.&-- , County of V_\e J &. b4dW' , do hereby certify that CSUMA r. L-WA�d-A - personally appeared before me this the day of ��or p.�.v�1, , 90 and ackn the due execution of the forgoing instrument. itn my hand and official seal, ,�� `" AO tary Seal) OR�V��Zeo Notary Signature = _ q _Lb_2b-tL0 �ZA PUBOO SSW N/O Change Revl 5Feb2011 Page 2 of 4 V. PROPOSED PERMITfEE CERTIFICATION: (This section must be completed by the Proposed Pennitfee for all transfers of ownership) NOTE: Property acquired thru Foreclosure by Bank 1, Pat G. Davis, Senior Vice President , hereby natty the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. 1 acknowledge and attest that I have received a copy of: (check all that apply to this permit) ROTS: The project has not been conatrueted or completed ® the most recent permit ❑ the designer's certification far each BMP El any recorded deed restrictions, covenants, or easements R1 the DWQ approved plans and/or approved as -built plans ® the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement_ I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that it all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: .?�'$ .cam; a Date: G. Davis, Senior Vice President I, 6iulf A.a Notary Public for the State of NOfLUA eQlrbL: n.JI- . County of � 1-�-a.�� , do hereby certify that C, .,�y: s _ .�&";Ocv, I._ c.5 personally appeared betRiome this the ��tttie -rd' day of AyQms} , 20 J-2,, and ackno 1 %eeution of the forgoing instrument. Witness my hand and official seal, _ �� �y 21.1 kk&oi =offwo Z E Notary Signature Cyr 4! 1* Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/O Change Revl5Feb2011 Page 3 of 4 'DEC 0 5 2012 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) NOTE: Property acquired thru Foreclosure by Bank I, Pat G. Davis, Senior vice President , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) NOTE: The project has not been constructed or completed ® the most recent permit ❑ the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements © the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement ❑past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: e��z '&I le_� I —,(/ Date: - ) G.!Davis, Senior Vice President I, La Notary Public for the State of / 014k (JJYQI i Ad- , County of �p�S� (� � , do hereby certify that orve: � Z56 e fperslonally appeared bef me this the - day of Aun,trS� , 20 )-2.., and ackn` �NQ, ecution of the i forgoing instrument. Witness my hand and official seal, a� A 9-4 -_ ALa&'sue �� ; _ JAAA��lotaWN- S N airy Signature % O C y� .. y!rCO.. �� Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the aroDertv owner will appear on the permit as permittees. RECIEIVIED AUG 0 3 2012 SSW N/O Change Revl 5Feb2011 Page 3 of 4 BY._ VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections Il and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: N/A Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the Property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner N/A M County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, otary Signature (Notary Seal) S p�,C 05 2a1� sv: SSW N/O Change Rev15Feb2011 Page 4 of 4 Cox, David From: Sherri Watkins [SherriWatkins@gwfh.com] Sent: Thursday, December 06, 2012 11:11 AM To: John Kuske III; Cox, David; Scott, Georgette Cc: Spruill Thompson Subject: RE: Important Update about Ridge Field at Middle Sound NC DENR Pending Stormwater Permit Name Ownership Transfer Request-SW8 070303 Please be advised that I will be out of the office December 10 — December 14, and December 20 & 21't. Please copy me on any correspondence regarding OREO properties during my absence so our files will be documented accordingly. Thanking you in advance with your assistance regarding this matter. If you should have anti questions and/or concerns please do not hesitate to contact me at your convenience. Sherri L. Watkins Special Assets OREO Administrator Hampton Roads Bankshares & its affiliates 112 Corporate Drive, Elizabeth City, NC 27909 Phone (252) 331-4009 Ext 8230 Fax (252) 338-3119 sherdwatkinsbaawfh.com 1 A*VkMDS C af; way Banff. From: John Kuske III rmailto:jkuske3@)kuske3eng.com1 Sent: Tuesday, December 04, 2012 5:25 PM To: 'Cox, David'; 'Scott, Georgette' Cc: 'Spruill Thompson'; Sherri Watkins Subject: Important Update about Ridge Field at Middle Sound NC DENR Pending Stormwater Permit Name Ownership Transfer Request-SW8 070303 Importance: High David and Georgette, As an update to my last message, please note the attached Ridge Field at Middle Sound NC DENR Stormwater Permit Name Ownership Transfer form-SW8 070303 signed by the current permittee, Mr. John Galarde. I will drop off the original to David's attention tomorrowMednesday which should allow NC DENR to process the pending Name/Ownership Transfer into the bank and current property owner's name. Please advise if you agree and if you should need any additional information to process the pending request Thank you for everyone's continued help on this matter. Sincerely, JOHN A. KUSKF-, III, P.E. KusKF-r3 ENGINEERING, PL.L.0 John Kuske III From: John Kuske III [kuske3 c@kuske3eng.comj Sent: Wednesday, December 05, 2012 11:55 AM To: 'Cox, David' Subject: FYI David, Please note that I will drop off the following information today for your files: • The original State Stormwater Permit SW8 051216 Surf City Property Name Ownership Change Form page 2 of 4 signed by the former permittee, Mr. Carl Johnson. Please note the original signature page is for your files as the permit has already been re issued to the bank. • The original State Stormwater Permit SW8 070303 Ridge Field Name Ownership Change Form page 2 of 4 signed by the current permittee, Mr. John E. Galarde. Please note the original signature page is for your files as you are currently working on re issuing the permit to the bank. I wanted to follow thru and get you the original signature pages as stated in my previous messages. Please note that I will be submitting new Name/Ownership forms to transfer both the above permits into the new owners name in couple weeks. Thanks again for all your help. JoHm A. KusKE, III, P.E. KUSKE3 ENGINEERING, PLLC PO Box 4031 WRMINGTom, NC 28406 LICENSE NO: P 0909 PHONE: 910471- 4041 rr #7 L: JKUsKE3OKUSKE3ENG.COM ECEIVE DEC 0 5 2012 BY It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. �y o�'�� c +'*td O n 5 � Ua Fl tk b WAMm m cry r _n m M - 4 y o N um Fn�j v 4L' 0 N� >�r 0 G) c Fn co o QQgg� O 0y lm Ln N A�� ��� NCDE�R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director August8, 2012 Mr. John E. Galarde, Member Manager John Galarde Ridge Field Development, LLC P.O. Box 1568 6800 Wrightsville Ave., Suite 18 Wrightsville Beach, NC 28480 Wilmington, NC 28403 John Galarde 812 Inlet View Dr. Wilmington, NC 28405 Subject: Notice of Inspection and Transfer of the State Stormwater Management Permit for Ridge Field at Middle Sound Stormwater Permit No. SW8 070303 New Hanover County Dear Mr. Galarde: Dee Freeman Secretary On July 26, 2012, Wilmington Regional Office of the Division of Water Quality (DWQ) was notified that the property for the Ridge Field at Middle Sound project is under foreclosure and is now owned by Gateway Bank and Trust Company, A Division of the Bank of Hampton Roads. Therefore on July 30, 2012, the DWQ inspected Ridge Field off Middle Sound Loop Road, in New Hanover County to determine the status of compliance with Stormwater Management Permit Number SW8 070303 issued to you on March 26, 2007. DWQ's file review and site inspection revealed that the stormwater controls have not been installed and built upon area (BUA) has not been constructed on the site. A copy of the completed "Compliance Inspection Report" attached to this letter for your files. The following permit issue was found during the file review and site inspection and must be resolved as soon as possible: • General Condition 111.8 of the permit states that the permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. No such documentation has been received from the permittee. Our attempts to contact you to resolve this issue include: 1. A phone call placed on July 31, 2012, to the phone number provided on the original permit application received on March 5, 2007. A recorded response from the telephone company indicated that the number had been disconnected and was no longer in service. 2. A search of the NCSOS corporate database indicates that another of your development company, Ridge Field Development, LLC, formerly of 6800 Wrightsville Road, Suite 18, Wilmington, NC, was administratively dissolved effective April 4, 2012. The NCSOS notification of the dissolution was sent to 115 North Channel Drive, Wrightsville Beach. This notification was returned, "Not deliverable as addressed" and "Unable to forward". Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance:1-877-623-6748 Internet www.newaterquality.oig An Equal Opportunity 1 AfirmFAve Artlon Employer NorthCarolina Nawra!!rf State Stormwater Management Permit # SW8 070303 Due to the foreclosure on this property one of the following actions must be taken immediately. As the permittee of record your choices are as follows: OR; 1. Because the site was not built, as the permittee you can request to rescind the permit 2. You can request that the permit be transferred to the current property owner by filling out a Name Ownership Change form. The Director of the Division of Water Quality is hereby notifying you that you have 60 days to respond to this letter. Please inform this office in writing before Nov 8, 2012 of the specific actions that will be undertaken and the time frame that will be required to address the issues with this permit. Please be aware that per permit General Condition 111.3 and NCAC 02H.1011 of the stormwater rules, the Director can modify, revoke and reissue or terminate the permit for just cause. If you do not respond to the Division within the timeframe above DWQ may determine that the permit has been abandoned and has just cause for modifying the permit and transferring the permit to the new owner. This will result in forfeiture of your right to the permit. Please take a moment to address this important issue. The original Name/Ownership Change form is here in the Wilmington Regional Office. You are more than welcome to call David Cox at (910) 796-7318 and make an appointment to stop by and sign the form. If you have any questions, please do not hesitate to call me at (910) 796-7215. Sinc rely, Georgette . Scott Stormwater Supervisor GDS1dwc: S:1WQS1StormwaterlPermits&Projects120071070303HD12012 07 cei forclosure 070303 — cc: John Kuske WiRO Stormwater File 7 KUSKE3 ENGI EERING, PLLC JOHN A. KuSKE, III, P.E. PO Box 4031 • WILMINGTON, NC 28406 • LICENSE No. P-0909 • (P) 910.471-4041 • JKusKE3@KusKE3ENG.COM August 3, 2012 Mr. David Cox North Carolina Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Name/Ownership Change to State Stormwater Permit No. SW8 070303 Ridge Field at Middle Sound High Density Subdivision Project New Hanover County, NC K3 Project No. 12009 Dear Mr. Cox: Enclosed for your review is one (1) original State Stormwater Permit Name/Ownership Change Form and one (1) copy of the Trustee's Deed for the property. Per our conversation, I am requesting a Name/Ownership Change to State Stormwater Permit No. SW8 070303 to transfer the permit to the current property owner. The current property owner is Gateway Bank & Trust Company. Please review this information for approval and contact me with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, Ku 3 ENGINEERING, PLLC Jo A. Kuske III, P. E. Enclosures cc: Sherri L. Watkins, Special Assets OREO Administrator Hampton Roads Bankshares & its affiliates F. Spruill Thompson, Senior Vice President Cape Fear Commercial, LLC AUG 0. ,C Ul? REGEI„E AUG 0 3 2012 ta�fp • 2011003476 -aFOR RES15`i�l�ipT4lO�N R�p��615T1EA OF OEF�: W31 WWp�yEp GOtMIY. MC NFMNat::s9�+ K RW SiSM 31,449-@0 I SM 121116 76 DRAWN BYIMAIL TO: +POYNER SPRUiLL LLP P. O. BOX 1901 RALEIGH, NC 27602-1801 *Without Title Examination' 0 TRUSTEE'S DEED THIS INSTRUMENT WAS PREPARED BY CHRISTOPHER H. ROEDE, ATTORNEY AT LAW, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. DELINQUENT TAXES, IF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE COUNTY TAX COLLECTOR UPON DISBURSEMENT OF THE CLOSING PROCEEDS NORTH CAROLINA NEW HANOVER COUNTY PIN: R04400-004-006-000 & R04400-004-006-002 Revenue: S1,449.00 Grantee's address: 112 Corporate Drive ff Elizabeth City, NC 27909 This Trustee's Deed, is made and entered into this � day of , 2011, by and between Spruillco, Ltd., substitute trustee as hereinafter stated, Grantor, inia Gateway Bank & Trust Company, A Division Of The Bank Of Hampton Roads, Successor In Interest By Merger To Gateway Bank & Trust Company, Grantee. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITN�S�ETH: Whereas, Ridge Field Development, LLC executed to Stephen C. Skinner, Trustee, a deed of trust dated August 3, 2005, and duly recorded in Book 4884, Page 2463, in the office of the Register of Deeds of New Hanover County, North Carolina ("Deed of Trust"); '46, 1W AUG D 9 2012 BY.•� 02 MMOM"0111010.04.0 • • Whereas, Grantor was substituted as trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of New Hanover County, North Carolina; Whereas, because of default in the payment of the indebtedness and the holder of the indebtedness having called upon and made demand of Grantor to foreclose on the Deed of Trust, Grantor, after due advertisement as required by law and the terms of the Deed of Trust, did on December 28, 2010, at 12:00 noon at the Courthouse door in Wilmington, New Hanover County, North Carolina, expose to public sale the property hereinafter described and described in the Deed of Trust ("Property"), where and when GWc= Bank & Trust rm puny- A Mviginn of became the last and hip6hest bidder for the Whereas, on the day of the sale a report thereof was duly made to the Cleric of Superior Court of New Hanover County, North Carolina ("Cleric', and filed in Special Proceedings File No. 10 SP 1912. Whereas, the sale remained open for ten days after the filing of the Report of Sale, and no upset bid was offered and no objection made; Whereas, the purchase price has been paid in full. Now therefore, Grantor, in consideration of the acknowledged, and pursuant to the authority vested in Grant-o—rTy the terns of the Deed of Trust, by these presents does bargain, sell and convey unto Grantee, the Property sold as recited herein, the same lying and being in the County of New Hanover, State of North Carolina, and more particularly described as follows: Tract 1 To arrive at the true point of beginning at the intersection of the centerline of Wellington Drive (100 foot rigbt-of-way at this point), also known as SR 1914 and the northerly right-of-way tine of Middle Sound Loop Road (60 foot righ"f gray), also known as SR 103 and sometimes known as Queens Point Road. Go thence South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured akmg said northerly right-of-way line to a point. Said point being the southernmost corner of Lot 1, as shown an a map of "Queens Point -Section 1" recorded in Map Book 10 at Page 6 of the New Hanover County Registry. Go thence North 40 degrees 49 minutes 43 seconds East 191.91 feet, along the easterly line of said Queens Point Subdivision to the point of beenniag. Running thence from said beginning point: North 40 degrees 49 minutes 43 seconds Fast 1,017.39 feet, along the easterly line of said Queens Point Subdivision and along the easterly line of "Queens Point,%ction 2A" recorded in Map Book I I at Page 20 of said Registry to a new iron pipe; thence North 42 degrees 19 minutes 33 seconds East, continuing along said Section 2A, and beyond, 923.81 feet, to a new iron pipe at the northernmost corner of a tract deeded to Ketner by Commissions Deed recorded in Book %0 at Page 731 of said Registry to a new iron pipe; thence 0159404 "01115MM1i.0 3. South 50 degrees 09 minutes 42 seconds East 205.04 feet, to an old iron pipe. Last said point being the northernmost corner of Lot 38 B, Sandybrook, as shown on a map recorded in Map Book 29 at Page 45 of the New Hanover County Registry. Last said point also being the northeasterly corner of a tract deeded to Ketner by Commissioners Deed recorded in Book 940 at Page 731 of said Registry; thence 4. South 41 degrees 34 minutes 39 seconds West 2,002.84 feet, along the westerly line of said Sandybrook and along the westerly line of Sandybrook as shown on maps recorded in ir5'iap Rook 34 at Page 60 and Map Book 23 at Page 44 of said Registry to a new iron pipe on the northerly right-ef-way line of said Middle Sound Loop Road; tbence S. North 58 degrees 43 minutes 17 seconds West 103.17 feet, along tout said northerly line to a point. Last said point being the intersection of said northerly right-of-way line with the easterly line of a tract deeded to Stever W. McCartney and wife Tonya K. McCartney recorded in Book 1339 at Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 166.89 feet, along the easterly line of said McCartney Tract to a point; thence 7. North 44 degrees 22 minutes 47 seconds West 98.93 feet, along the northerly line of sold McCartney Tract to a point of beginning. The above described tract contains 9.23 acres more or less. The same being all of those tracts deeded to Billy Keener and wife Evols G. Keener by deed recorded in Book 839 at Page 815, Book 1387 at Page 1562, Book 1167 at Page 966, and Book 940 at Page 731 of the New Hanover County Registry, excepting however the tract deeded to Steven W. McCartney and wife Tony& K. McCartney by deed recorded in Book 1433 at Page 1093 of said Registry. The said Evola G. Keener died in 1996 thereby vesting all of her right, title and interest in said properly in Billy E. Keener. Tract Beginning at a point in the northerly right-of-way line of Middle Sound Loop Road (60 foot right-of-way), an known as SR 1403 and sometimes known as Queens Point Road. Said beginning point being the southernmost corner of Lot 1, as shown on a map of "Queens Point -Section 1" recorded in Map book 10 at Page 6 of the New Hanover County Registry. Said beginning point being located South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured along said northerly right-of-way One from the intersection .of said northerly right-of-way line with the center -line of Wellington Drive (100 foot right-of-way at this place). Said beginning point being in the westerly blue of a tract deeded to Steven W. McCartney and wife Tonya K. McCartney by deed recorded in Book 1438 at Page 1093 of said Registry. Said beginning point being North 40 degrees 49 minutes 43 seconds East 8.09 feet, from the intersection of the westerly line of said McCartney Tract with the old (22 feet from center -lino The right-of-way line of said Middle Sound Loop Road. Running thence from said beginning point: North 40 degrees 49 minutes 43 seconds East 19191 feet, along the easterly line of said Queens Point Subdivision to a point; thence a2ma-900MMOMWW o • 0 2. South 44 degrees 22 minutes 47 seconds East 9&93 feet, to the point; thence 3. South 40 degrees 49 minutes 43 seconds West 166.89 feet, to a point on the northerly rigbW--way line of said Middle Sound Loop Road (30 feet from its center -line); thence 4. South 40 degrees 49 minutes 43 sew West &09 feet, to a point on the old northerly right-of-way line of said Middle Sound Loop Road (22 feet from its centerline); thence 5. North 58 degrees 43 minutes 17 seconds West 100.00 feet, along the old northerly right-of-way line of said Middle Sound Loop Road to a point. Last said point being the point of beginning of said deed recorded in Book 1439 at Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 8.09 feet to the point of beginning. The same bring all of that tract described in said deed recorded is Book 1438 at Page 1093 of the New Hanover County Registry. Bearings are relative to NCGRID, NAD 83. Subject however to an 8 foot wide strip lying between the old northerly right-of-way tine of said Middle Sound Loop Road and the present right-of-way pre of said Middle Sound Loop Road. The above described tract contains 0.42 acres, including said 8 foot wide Right -Or - Way Exception. This conveyance is subject to all prior liens of record, if any, and to all unpaid ad valorem taxes mid special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This conveyance is further subject to the right, if any, of the United States of America to redeem the above -described property for a period of 120 days following the date when the final upset bid period has expired. To have and to hold the Property and premises together with all privileges and appurtenances thereunto belonging to Grantee in as full and ample a manner as Grantor, as Substitute Trustee, has power to convey the same. In testimony whereof, Grantor has caused this instrument to be signed in its corporate name by its Vice President as of the day and year first above written. [SIGNATURES ON NEXT PAGE 0 SPRUI L , LTD., S stitute By: (SEAL) N. Roede, Esq. Vice President State nfNorth Caroliva County of Wake 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ChristoaJrer H. Roo& Vice President Date: L day of 2ft I. t Official Signature of Notary: Notary's Printed or Typed Name.'Meryl L ng, Notary Publie My Commission Expires: 10/132015 (Official Seal) USUM10 023048-Mg W 1nwo6zaz.o 0 JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ►N i►N►Hiii►..........lima iHiii► Flied For Registrallon: 02A3I24110i:33:18 PM Book: RE SW Page: 467472 Document No.: 2011003476 6 PGS $31.00 NC REAL ESTATE EXCISE TAX: $1,449.00 Recorder. JOHNSON, CAROLYN State of North Carolhw. County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011003476* Permit: SW8070303 County: New Hanover Region: Wilmington Compliance Inspection Report Effective: 03/26/07 Expiration: 03/26/21 Owner: Ridge Field Development LLC Project: Ridge Field at Middle Sound 3210 Middle Sound Loop Rd Contact Person: John Galante Title: Wilmington NC 28403 Phone: Directions to Project: approx. 3.2 miles north on US 17 (Market St) from the intersection of US 17 and US 74 (Eastwood Rd), turn right on SR 1403 (Middle Sound Loop Rd) & travel approx. 1.35 mies. The site is on the east side of SR 1403. Type of Project: State Stormwater - HD - Infiltration Drain Areas: On -Site Representative(s): Related Permits: Inspection Dat /30/2012 Entry Time: 01:30 PM Primary Inspector: d W Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: Other (See attachment summary) Exit Time: 02:00 PM Phone: 910-796-7215 Inspection Typ Transfer Renewal Page: 1 Permit: SW8070303 Owner - Project: Ridge Field Development LLC Inspection Date: 07/30/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine Inspection Summary: Site has not been constructed or any state regulated stormwater treatment has been installed. Other Comment: Yes No NA NE Page: 2 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D,30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Ridge Field Development, LLC (0794127) 115 N Channel Dr Wrightsville Beach, NC 28480 State of North Carolina Department of the Secretary of State CERTIFICATE OF ADMINISTRATIVE DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Ridge Field Development, LLC has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This the 4th day of April, 2012 51 ��' MI-1 M Elaine F. Marshall Secretary of State Document Id: C201209503792 A A � ono N U z cca `a a E- w N O J O CO .-� C N EU Z CL o W m� a N ®� co 10 o a d Y. Ma 9 � N ��Im ; ro Z ,tr i mLo N� C14 N a O N U Z F a=. X cco am �©Qm Q/i U d OC 1001111111 ;FOR R,G�{ FAIrH RUSTEHR OF OEW is NEN }WrpVER COWTV. NC 2811 FS 83 01:33:18 PM J&VA4 P6:467-472 FEE131.00 NC REV S1AQtP:S1,449.88 INST01 # NOR TRUSTEE'S DEED DRAWN BYIMAIL TO: -hOYNER SPRUILL LLP P. O. BOX 1801 RALEIGH, NC 27602-1801 *Wid2out Title Examinatton* THIS INSTRUMENT WAS PREPARED BY CHRISTOPHER H. ROEDE, ATTORNEY AT LAW, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. DELINQUENT TAXES, IF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE COUNTY TAX COLLECTOR UPON DISBURSEMENT OF THE CLOSING PROCEEDS NORTH CAROLINA PIN: R04400-004-006-000 & R04400-004-006-002 NEW HANOVER COUNTY Revenue: $1,449.00 Grantee's address: 112 Corporate Drive ff Elizabeth City, NC 27909 This Trustee's Deed, is made and entered into this by and between Spruillco, Ltd., substitute trustee as hereinafter stated, Grantor, ania Gateway Bank & Trust Company, A Division Of The Bank Of Hampton Roads, Successor In Interest By Merger To Gateway Bank & Trust Company, Grantee. The designations Grantor and Grantee as used herein shall include sold parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: Whereas, Ridge Field Development, LLC executed to Stephen C. Skinner, Trustee, a deed of (rust dated August 3, 2005, and duly recorded in Book 4884, Page 2463, in the office of the Register of Deeds of New Hanover County, North Carolina {"Deed of Trust"); 02394W0490011104062M.0 Whereas, Grantor was substituted as trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of New Hanover County, North Carolina; Whereas, because of default in the payment of the indebtedness and the holder of the indebtedness having called upon and made demand of Grantor to foreclose on the Deed of Trust, Grantor, after due advertisement as required by law and the terms of the Deed of Trust, did on December 28, 2010, at 12:00 noon at the Courthouse door in Wilmington, New Hanover County, North Carolina, expose to public sale the property hereinafter described and described in the Deed of Trust ("Property"), where and when Gateway Bank & Trust Company, A Division Of The Bank Of Hampton Roads, Successor In Interest By Merger To Gateway Bank & Trust Company became the last and highest bidder for the same at the price of Seven -hundred twenty- four thousand, five -hundred and No/100 Dollars ($724,500.00); Whereas, on the day of the sale a report thereof was duly made to the Clerk of Superior Court of New Hanover County, North Carolina ("Clerk"), and filed in Special Proceedings File No. 10 SP 1912; Whereas, the sale remained open for ten days after the filing of the Renort of Sale, and no upset bid was offered and no objection made; Whereas, the purchase price has been paid in full. Now therefore, Grantor, in consideration of the sum of Seven -hundred twenty-four thousand, five -hundred and No/100 Dollars ($724,500.00), the receipt of which is hereby acknowledged, and pursuant to the authority vested in Grantor by the terms of the Deed of Trust, by these presents does bargain, sell and convey unto Grantee, the Property sold as recited herein, the same lying and being in the County of New Hanover, State of North Carolina, and more particularly described as follows: Tract I To arrive at the true point of beginning at the intersection of the center -line of Wellington Drive (I00 foot right -of --way at this point), also known as SR 1814 and the northerly right-of-way line of Middle Sound Loop Road (60 foot right-of-way), also known as SR 1403 and sometimes known as Queens Point Road. Go thence South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured along said northerly right-of-way line to a point. Said point being the southernmost corner of Lot 1, as shown on a map of "Queens Point -Section 1" recorded in Map Book 10 at Page 6 of the New Hanover County Registry. Go thence North 40 degrees 49 minutes 43 seconds East 191.91 feet, along the easterly line of said Queens Point Subdivision to the point of beginning. Running thence from said beginning point: 1. North 40 degrees 49 minutes 43 seconds East 1,017.39 feet, along the easterly line of said Queens Point Subdivision and along the easterly line of "Queens Point -Section 2A" recorded in Map Book I I at Page 20 of said Registry to a new iron pipe; thence 2. North 42 degrees 19 minutes 33 seconds East, continuing along said Section 2A, and beyond, 823.81 feet, to a new iron pipe at the northernmost corner of a tract deeded to Ketner by Commissioners Deed recorded in Book 940 at Page 731 of said Registry to a new iron pipe; thence 0258484004"01 / 1040670W.0 3. South 50 degrees 09 minutes 42 seconds East 205.04 feet, to an old iron pipe. Last said point being the northernmost corner of Lot 38 B, Sandybrook, as shown on a map recorded in Map Book 29 at Page 45 of the New Hanover County Registry. Last said point also being the northeasterly corner of a tract deeded to Ketner by Commissioners Deed recorded In Book 940 at Page 731 of said Registry; thence 4. South ,41 degrees 34 minutes 39 seconds West 2,002.84 feet, along the westerly line of said Sandybrook and along Me westerly fine of 5andybrook as shown on maps recorded in Map Book 24 at Page 60 and Map Book 23 at Page 44 of said Registry to a new iron pipe on the northerly right-of-way line of said Middle Sound Loop Road; thence S. North 58 degrees 43 minutes 17 seconds West 103.17 feet, along last said northerly line to a point. Last said point being the intersection of said northerly right-of-way line with the easterly line of a tract deeded to Steven W. McCartney and wife Tonya K. McCartney recorded In Book 1338 at Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 166.89 feet, along the easterly line of said McCartney Tract to a point; thence 7. North 44 degrees 22 minutes 47 seconds West 99.93 feet, along the northerly line of said McCartney Tract to a point of beginning. The above described tract contains 9.28 acres more or less. The same being all of those tracts deeded to Billy Ketner and wife Evola G. Ketner by deed recorded in Book 838 at Page 815, Book 1387 at Page 1562, Book 1167 at Page 966, and Book 940 at Page 731 of the New Hanover County Registry, excepting however the tract deeded to Steven W. McCartney and wife Tonya K. McCartney by deed recorded in Book 1438 at Page 1093 of said Registry. The said Evola G. Ketner died in 1996 thereby vesting all of her right, title and interest in said property in Billy E. Ketner. Tract 2 Beginning at a point in the northerly right -of --way line of Middle Sound Loop Road (60 foot right-of-way), also known as SR 1403 and sometimes known as Queens Point Road. Said beginning point being the southernmost corner of Lot 1, as shown on a map of "Queens Point -Section 1" recorded in Map book 10 at Page 6 of the New Hanover County Registry. Said beginning point being located South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured along said northerly right-of-way line from the intersection of said northerly right-of-way line with the center -line of Wellington Drive (100 foot right-of-way at this place). Said beginning point being in the westerly line of a tract deeded to Steven W. McCartney and wife Tonya K. McCartney by deed recorded in Book 1438 at Page 1093 of said Registry. Said beginning point being North 40 degrees 49 minutes 43 seconds East 8.09 feet, from the intersection of the westerly line of said McCartney Tract with the old (22 feet from center -line). The right-of-way line of said Middle Sound Loop Road. Running thence from said beginning point: 1. North 40 degrees 49 minutes 43 seconds East 191.91 feet, along the easterly line of said Queens Point Subdivision to a point; thence 0251+9.0004900111040620r2 0 2. South 44 degrees 22 minutes 47 seconds East 99.93 feet, to the point; thence 3. South 40 degrees 49 minutes 43 seconds West 166.89 feet, to a point on the northerly right -of way line of said Middle Sound Loop Road (30 feet from its center -line); thence 4. South 40 degrees 49 minutes 43 seconds West 8.09 feet, to a point on the old northerly right-of-way line of said Middle Sound L000p Road (222 feet from its centerline); thence 5. North 58 degrees 43 minutes 17 seconds West 100.00 feet, along the old'nortberly right-of-way line of said Middle Sound Loop Road to a point. Last said point being the point of beginning of said deed recorded in Book 1438 at Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 8.09 feet to the point of beginning. The some being all of that tract described in said deed recorded in Book 1433 at Page 1093 of the New Hanover County Registry. Bearings are relative to NCGRID, NAD 83. Subject however to an 8 foot wide strip lying between the old northerly right-of-way line of said Middle Sound Loop Road and the present right-of-way line of said Middle Sound Loop Road. The above described tract contains 0.42 acres, including said 8 foot wide Right -Of - Way Exception. This conveyance is subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This conveyance is further subject to the right, if any, of the United States of America to redeem the above -described property for a period of 120 days following the date when the final upset bid period has expired. To have and to hold the Property and premises together with all privileges and appurtenances thereunto belonging to Grantee in as full and ample a manner as Grantor, as Substitute Trustee, has power to convey the same. In testimony whereof, Grantor has caused this instrument to be signed in its corporate name by its Vice President as of the day and year first above written. [SIGNATURES ON NEXT PAGE 025143-OM9001110+062912.0 • 0 SPRUI L , LTD., S stitute stee By: (SEAL) ChNskj5her H. Roede, Esq. Vice President State of North Carolina County of Wake I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Christopher N. Roede. lice President Date: eday of a, 2011. 0 Official Signature of Notary: Notary's Printed or Typed Name; 1 L. Ileihqng, Notary Public My Commission Expires: 10/13/2015 (Official Seal) 023834000590011IO406204.0 0 0 JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •••.......i1..„............... *"Nf* .NH.H1........../.0iii.....................N......1..H....... Filed For Registration: 0210312011 01:33:16 PM Book: RE 5544 Page: 467472 Document No.: 2011003476 6 PGS $31.00 NC REAL ESTATE EXCISE TAX: $1,449.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011003476* 9n11nn3478 1001111111 SFOR REGISTRATION REGI R OF PEED: �ENNIFER H. MCNEISN NEN NMYER COUNiY. NC W i FE8 N 01:33:19 PM 0KIM P6:467-472 FEE331.00 KC REV STAMP:SI ,449.08 IMF t NOR TRUSTEE'S DEED DRAWN BYIMAIL TO: +POYNER SPRUILL LLP P. O. BOX 1801 RALEIGH, NC 27602-1801 *Without Title Examination* THIS INSTRUMENT WAS PREPARED BY CHRISTOPHER H. ROEDE, ATTORNEY AT LAW, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. DELINQUENT TAXES, IF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE COUNTY TAX COLLECTOR UPON DISBURSEMENT OF THE CLOSING PROCEEDS NORTH CAROLINA PIN: R04400-004-006-000 & R04400-004-006-002 NEW HANOVER COUNTY Revenue: $1,449.00 Grantee's address: 112 Corporate Drive jj� Eliz`abe`th- City, NC 27909 This Trustee's Deed, is made and entered into this l day of 1'tU� , 2011, by and between Spruillco, Ltd., substitute trustee as hereinafter stated, Grantor, an -a Gateway Bank & Trust Company, A Division Of The Bank Of Hampton Roads, Successor In Interest By Merger To Gateway Bank & Trust Company, Grantee. The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: Whereas, Ridge Field Development, LLC executed to Stephen C. Skinner, Trustee, a deed of trust dated August 3, 2005, and duly recorded in Book 4884, Page 2463, in the office of the Register of Deeds of New Hanover County, North Carolina (°'Deed of Trust"); . 02S841.00049001110406204.0 Whereas, Grantor was substituted as trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of New Hanover County, North Carolina; Whereas, because of default in the payment of the indebtedness and the holder of the indebtedness having called upon and made demand of Grantor to foreclose on the Deed of Trust, Grantor, after due advertisement as required by law and the terms of the Deed of Trust, did on December 28, 2010, at 12:00 noon at the Courthouse door in Wilmington, New Hanover County, North Carolina, expose to public sale the property hereinafter described and described in the Deed of Trust ("Property"), where and when Gateway Bank & Trust Company, A Division Of The Bank Of Hampton Roads, Successor In Interest By Merger To Gateway Bank & Trust Company became the last and highest bidder for the same at the price of Seven -hundred twenty- four thousand, five -hundred and No/100 Dollars ($724,500.00); Whereas, on the day of the sale a report thereof was duly made to the Clerk of Superior Court of New Hanover County, North Carolina ("Clerk"), and filed in Special Proceedings File No. 10 SP 1912; Whereas, the sale remained open for ten days after the filing of the Report of Sale, and no upset bid was offered and no objection made; Whereas, the purchase price has been paid in full. Now therefore, Grantor, in consideration of the sum of Seven -hundred twenty-four thousand, five -hundred and No/100 Dollars ($724,500.00), the receipt of which is hereby acknowledged, and pursuant to the authority vested in Grantor by the terms of the Deed of Trust, by these presents does bargain, sell and convey unto Grantee, the Property sold as recited herein, the same lying and being in the County of New Hanover, State of North Carolina, and more particularly described as follows: Tract l To arrive at the true point of beginning at the intersection of the center -line of Wellington Drive (100 foot right-of-way at this point), Also known as SR 1814 and the northerly right-of-way line of Middle Sound Loop Road (60 foot right-of-way), also known as SR 1403 and sometimes known as Queens Point Road. Go thence South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured along said northerly right-of-way line to it point. Said point being the southernmost corner of Lot 1, as shown on a map of "Queens Point -Section 1" recorded in Map Book 10 at Page 6 of the New Hanover County Registry. Go thence North 40 degrees 49 minutes 43 seconds East 191.91 feet, along the easterly line of said Queens Point Subdivision to the point of beginning. Running thence from said beginning point: 1. North 40 degrees 49 minutes 43 seconds East 1,01739 feet, along the easterly line of said Queens Point Subdivision and along the easterly line of "Queens Point -Section 2A" recorded in Map Book 1 I at Page 20 of said Registry to a new iron pipe; thence 2. North 42 degrees 19 minutes 33 seconds East, continuing along said Section 2A, and beyond, 923.81 feet, to a new iron pipe at the northernmost corner of a tract deeded to Ketner by Commissioners Deed recorded in Book 940 at Page 731 of said Registry to a new iron pipe; thence 025e4.00049M1 na4ob2m2.a 3. South 50 degrees 09 minutes 42 seconds East 205.04 feet, to an old iron pipe. Last said point being the northernmost corner of Lot 38 B, Sandybrook, as shown on a map recorded in Map Book 29 at Page 45 of the New Hanover County Registry. Last said point also being the northeasterly corner of a tract deeded to Ketner by Commissioners Deed recorded in Book 940 at Page 731 of said Registry; thence 4. South ,41 degrees 34 minutes 39 seconds West 2,002.84 feel, along the westerly line of said Sandybrook and along the westerly fine of Sandiybrook as shown on maps recorded in Map Book 24 at Page 60 and Map Book 23 at Page 44 of said Registry to a new iron pipe on the northerly right-of-way line of said Middle Sound Loop Road; thence 5. North 58 degrees 43 minutes 17 seconds West 103.17 feet, along last said northerly line to a point. Last said point being the intersection of said northerly right-of-way line with the easterly line of a tract deeded to Steven W. McCartney and wife Tonya K. McCartney recorded in Book 1338 at Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 166.89 feet, along the easterly line of said McCartney Tract to a point; thence 7. North 44 degrees 22 minutes 47 seconds West 98.93 feet, along the northerly line of said McCartney Tract to a point of beginning. The above described tract contains 9.28 acres more or less. The same being all of those tracts deeded to Billy Ketner and wife Evola G. Ketner by deed recorded in Book 838 at Page 815, Book 1387 at Page 1562, Book 1167 at Page %6, and Book 940 at Page 731 of the New Hanover County Registry, excepting however the tract deeded to Steven W. McCartney and wife Tonya K. McCartney by deed recorded in Book 1438 at Page 1093 of said Registry. The said Evoln G. Ketner died in 1996 thereby vesting all of her right, title and interest in said property in Billy E. Ketner. Tract 2 Beginning at a point in the northerly right-of-way line of Middle Sound Loop Road (60 foot right-of-way), also known as SR 1403 and sometimes known as Queens Point Road. Said beginning point being the southernmost corner of Lot 1, as shown on a map of "Queens Point -Section i" recorded in Map book 10 at Page 6 of the New Hanover County Registry. Said beginning point being located South 58 degrees 43 minutes 17 seconds East 707.43 feet, as measured along said northerly right-of-way line from the intersection of said northerly right-of-way line with the center -line of Wellington Drive (100 foot right-of-way at this place). Said beginning point being in the westerly line of a tract deeded to Steven W. McCartney and wife Tanya K. McCartney by deed recorded in Book 1438 at Page 1093 of said Registry. Said beginning point being North 40 degrees 49 minutes 43 seconds East 8.09 feet, from the Intersection of the westerly line of said McCartney Tract with the old (22 feet from center -line). The right-of-way line of said Middle Sound Loop Road. Running thence from said beginning point: 1. North 40 degrees 49 minutes 43 seconds East 191.91 feet, along the easterly line of said Queens Point Subdivision to a point; thence 025846-aD0690m/1040620r2 0 2. South 44 degrees 22 minutes 47 seconds East 98.93 feet, to the point; thence 3. South 40 degrees 49 minutes 43 seconds West 166.89 feet, to a point on the northerly right-of-way line of said Middle Sound Loop Road (30 feet from its center -line); thence 4. South 40 degrees 49 minutes 43 seconds West 8.09 feet, to a point on the old northerly right -Of -way line 37 said Middle Sound Loop Road. (22 feet trom its centerline); thence 5. North 58 degrees 43 minutes 17 seconds West 100.00 feet, along the old northerly right-of-way line of said Middle Sound Loop Road to a point. Last said point being the point of beginning of said deed recorded in Book 14311 as Page 1093 of said Registry; thence 6. North 40 degrees 49 minutes 43 seconds East 8.09 feet to the point of beginning. The same being all of that tract described in said deed recorded in Book 1438 at Page 1093 of the New Hanover County Registry. Bearings are relative to NCGRID, NAD 83. Subject however to an 8 foot wide strip lying between the old northerly right-of-way line of said Middle Sound Loop Road and the present right-of-way line of said Middle Sound Loop Road. The above described tract contains 0.42 acres, including said 8 foot wide Right -Of - Way Exception. This conveyance is subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This conveyance is further subject to the right, if any, of the United States of America to redeem the above -described property for a period of 120 days following the date when the final upset bid period has expired. To have and to hold the Property and premises together with all privileges and appurtenances thereunto belonging to Grantee in as full and ample a manner as Grantor, as Substitute Trustee, has power to convey the same. In testimony whereof, Grantor has caused this instrument to be signed in its corporate name by its Vice President as of the day and year first above written. [SIGNATURES ON NEXT PAGE 023141-OM900111040620v2.0 0 0 SPRUI L , LTD., S stitute stee By: (SEAL) ChNsfellher H. Roede, Esq. Vice President State of North Carolina County of Wake 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Christopher H. Roede, Vice President r Date: L day ofTEkU&W�,2011. t Official Signature of Notary: Notary's Printed or Typed Name: eryl L. IleiNng, Notary Public My Commission Expires: 10/13/2015 (Official Seal) U16.0 Do 02 58A 64MM 11I Oa062 M.a JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ......iiii.MiiiiiiiiHiiiifiiiiiiiifiii.Niiiiiiiiiiiiiiiiii.iiiiii•i..iMiiN ii.N.i...........iiii.iiiiii.. Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 0210312011 01:33:18 PM RE 55" Page: 467-472 2011003475 6 PGS $31.00 $1,449.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011003476* 2011003476 CHIEF EXECUTIVE OFFICER'S CERTIFICATION 1. I am Douglas J. Glenn and am employed as the Chief Executive Officer of Hampton Roads Bankshares, Inc. and The Bank of Hampton Roads. 2. David Twiddy, Gregory Marshall, Paul Driscoll, Al Woods, Angel Thompson, Elkin Burks, Jeffrey Flowers, Mark Bowles, David Clark, Herb Brett, Phil McEachem and Russell Carter are authorized agents for The Bank of Hampton Roads and Hampton Roads Bankshares, Inc., any of whom may act. 3. Such agents are authorized to execute on behalf of Hampton Roads Bankshares, Inc. and The Bank of Hampton Roads any and all deeds, collateral releases, settlement statements, and other documents necessary to effectuate the sale of bank- wned real estate including, but not limited to, property which the bank acquired through foreclosur . Date: April 19, 2012 Douglas J. enn Chief Executive cer, Hampton Roads Bankshares, Inc. The Bank of Hampton Roads CORPORATE SECRETARY'S CERTIFICATION 1. 1 am Thomas 0. Dix, III, and am employed as Senior Vice President and Secretary -Treasurer of Hampton Roads Bankshares, Inc. and the Bank of Hampton Roads and am familiar with Mr. Glenn and such agents, their roles, and responsibilities. 2. 1 certify that Douglas J. Glenn is employed as the Chief Executive officer of Hampton Roads Bankshares, Inc. and-The'Batrk of Hampton-Roa-ds. 3. 1 certify that David Twiddy, Gregory Marshall,. Paul Driscoll, Al Woods, Angel Thompson, Elkin Burks, Jeffrey Flowers, Mark Bowles, David Clark, Herb Brett, Phil McEachern and Russell Carter are authorized agents of The Bank of Hampton Roads and Hampton Roads Bankshares, Inc. 4. 1 certify that Douglas J. Glenn made the above Chief Executi cer's certification. Date: April 19, 2012 Thomas B. Dix III Senior Vice President, Secretary -Treasurer Hampton Roads Bankshares, Inc. .. The Bank of Hampton Roads A�� RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 30, 2009 Mr. Sam Burgess 230 Government Center Dr. Suite 150 Wilmington, NC 28403 Subject: New Hanover County Planning Dept Review, Ridge Field at Middle Sound Dear Mr. Burgess: The Wilmington Regional Office has received the planning review request and has the following initial comments. This site currently holds a high density permit issued March 27, 2007 SW8 070303 under the 1995 Coastal Rule. The package submitted indicates that the receiving stream is class SA; HQW, that the revised percent impervious will be less than 25% impervious, and that the site will be low density. Under the current 2008 Coastal Rule, SL2008-211, low density projects subject to SA requirements must be 12% impervious or less unless shown to be a minor modification per SL2008- 211, Section 2(d),(5). Please see the exact language in the rule, but in general projects that do not have a net increase in built upon area or increase the overall size of the stormwater controls are minor modifications and are therefore regulated by the version of 15A NCAC 2H .1005 effective on the original issuance date. If the project meets these criteria, the applicant should clearly explain the reasoning in the DWQ stormwater permit application narrative or cover letter. This is a brief overview, and represents only my initial guidance for permitting. If you have any questions please feel free to call me at (910) 796-7215 or email me at kelly.p.johnson@ncdenr.gov Environmental Engineer GS/KJ: S:\WQS\StormWater\Letters\2009\Ridge Field_NHC Planning.oct09 Cc: WiRO file SW8 070303 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 internet: www.ncviatorquality.org NorthCarohna Natura4- An Equal Opportunity 1 Affirmative Action Employer NEW HANOVER COUNTY PLANNING DEPARTMENT SUBDIVISION CHECKLIST lCt Ii�Z 0-70303 Sam Burgess Principal Development Planner 230 Government Center Dr, Ste 150 Wilmington, NC 28403 910-798-7441 phone 910-798-7053 fax sburgess@nhcgov.com www.nhegov.com Project Name: 0.;,dae f i.��e ea w f t o -k-e cis.: Q,�,�s) Date: O r . 2 l 20oa Please check and/or highlight the appropriate person(s). Chris O'Keefe Jane Daughtridge Shawn Ralston Karyn Crichton Steve Scruggs _Preliminary Plans (Conventional, erformance High Density) are sent to the following agencies for additional comments. • Engineering/ Jim Iannucci • Soil Conservation Services/ Jennifer Alford • Emergency Services/ Warren Lee • Fire Marshall/ Tom Sosebee 00 2 3 2009 • E911/Deborah Cottle • Environmental Health/Diane Harvell (only if plan includes well or septic tank) BY� • Cape Fear Public Utility Authority (Bill Pinnix) Outside Agencies: • Corps of Engineers/ Kimberly Garvey (written comments not required prior to TRC) • School systems/ Mick Wayne • NCDOT/ David Leonard • MPO/Anthony Prinz • Division of Coastal Management (Holley Snider) (plan sent if land is adjacent to coastal water) • D.E.M./ Linda Lewis • City of Wilmington/ Development Services/Public utilities _Minor Subdivisions are sent to the following agencies for additional comments. • Engineering/ Jim Iannucci • Environmental Health/ Diane Harvell • CFPUA/Bill Pinnix _ Final subdivisions are sent to the following agencies for additional comments. • Fire Marshall/ Matt Davis • Engineering/ Jim Iannucci Upon receipt, please send your written comments back to the Planning Department within 3 weeks. Additional Comments: PAQ0_0L„;CN^, az i t Q _��.tic�r%r s►fl a A RE: Ridgefield at Middle Sound Subject: RE: Ridgefield at Middle Sound From: "Eric Tomczak" <eric@hburkert.com> Date: Thu, 6 Nov 2008 09:10:21 -0500 To: "'Linda Lewis"' <linda.lewis@ncmail.net>, "'Janet Russell"' <Janet.Russell@ncmaii.net> Linda, Thanks for getting back to me so expeditiously. Much appreciated. I will digest this and get back to you. I intend to regroup with the applicant to determine course of action. We will most probably still need the scoping meeting as the applicant is very interesting in keeping the natural hydrology and topography which would reduce the amount of fill material. I will advise as soon as I speak with client. Thanks again. Eric Tomczak, PE H Burkert & Company -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Wednesday, November 05, 2008 8:53 AM To: Eric Tomczak; Janet Russell Subject: Ridgefield at Middle Sound Eric: After careful consideration of this proposal, the Division can accept this residential subdivision project as a minor modification, subject to the rules and policies that were in effect in March, 2007 for New Hanover County. As I understand it, your proposal is to go from 28.8% high density with infiltration basins to 25% low density. This means that: 1) the 4 acres of wetlands will need to be accounted for per the wetlands policy that was in effect at that time; 2) no direct discharges to SA waters are allowed, including swales. All swales will need to discharge through level spreaders and vegetated filter strips where infiltration can be achieved. You will not be able to utilize all of the wetlands, as that applies only to projects submitted under the October 1, 2008 rules. So your options are: 12% with the wetlands, per October 1, 2008 rules, or 25% with the wetlands policy. Linda No virus found in this incoming message. Checked by AVG. Version: 7.5.549 / Virus Database: 270.8.6/1768 - Release Date: 11/4/2008 9:38 PM 1 of 1 11/6/2008 10:17 AM