Loading...
HomeMy WebLinkAboutSW8990306_Historical File_20150617 AnggriA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary June 17, 2015 Raiford G. Trask, Jr. 1202 Eastwood Road Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 990306 Renewal Westfall Office Park High Density Commercial Subdivision Project New Hanover County Dear Mr. Trask: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this renewed permit now references DEMLR as the Division responsible for issuance of the permit. The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for Westfall Office Park on June 16, 2015. The Division is hereby notifying you that permit SW8 990306 has been renewed on June 17, 2015, and shall be effective until April 10. 2023. The plans previously approved on April 10, 2001, in accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995, remain in full force and effect. Please keep this cover letter and renewed permit on file at all times. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this renewed and reissued state stormwater permit. The site was inspected on November 14, 2014 and found to be out of compliance with the permit. A plan of action to correct the deficiencies noted in the enclosed Notice of Inspection was submitted to the Division of Energy, Mineral and Land Resources on May 21, 2015 and the repair work is underway. Failure to restore the permitted stormwater management systems to design condition is a violation of the permit and may initiate enforcement action. The project remains subject to the conditions and limitations as specified in this renewed and updated permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. 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 150E 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. Division of Energy, Mineral,and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 (910)796-7215/Fax:(910)350-2004•Internet:http:l/portal.ncdenr.orq/web/Ir/ State Stormwater Management Systerriis } Permit No. SW8 99d306 If you have any questions, need additional copies of the permit or approved plans, please contact Linda Lewis with the Division of Energy, Mineral and Land Resources in the Wilmington Regional Office at (910) 796-7215. Sin erely, Tracy E. Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:IWQ1Shared\Stormwater\Permits&Projects119991990306 HD12015 06 permit 990306 cc: Mike Brown, VP of Brokerage Development Services, Cape Fear Commercial (1051 Military Cutoff Road, Suite 200, Wilm. 28405) New Hanover County Engineering Derek Pielech, P.E., City of Wilmington Engineering Division Wilmington Regional Office Page 2 of 10 State Stormwater Management Systems Permit No. SW8 990306 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 Mr. Raiford G. Trask, Jr., Owner Westfall Office Park Military Cutoff Road at Sir Tyler Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of 4 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until April 10, 2023 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. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The stormwater controls have been designed to handle the runoff from a specific amount of built-upon area as follows: Pond 1 @205,644 ft2; Pond 2 @589,464 ft2; Pond 3 @285,841 ft2; and Pond 4 @710,028 ft2. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The amount of built-upon area draining to each pond will be limited as indicated in Section 1.6 of this permit, and per the approved plans. 5. No lot lines have been shown on the plans. The maximum lot built-upon area for each future subdivided lot is limited to 85% of the individual lot area. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 990306 6. The following design criteria have been permitted for the four (4) proposed wet detention ponds and must be maintained at design condition: POND 1 POND 2 POND 3 POND 4 a. Drainage Area, acres: 5.18 17.21 8.62 25.15 Onsite, ft2: 225,640 749,668 375,487 1,095,534 Offsite, ft2: 0 0 0 0 b. Impervious Area, ft2: 205,644 589.464 285,841 710,028 Lots at 85% 176,244 558,352 285841 666,468 Road 29,400 31,112 -0- 43,560 c. TSS Removal 90% 90% 90% 90% d. Design Depth, feet: 7.5 7.5 7.5 7.5 e. Permanent Pool SA, ft2: 8,337 22,052 12,511 36,000 f. Permanent Pool Ele., fmsl: 13.5 14.3 15.0 14.0 g. Temporary Pool Ele. fmsl: 15.5 16.5 17.0 15.35 h. Provided Storage Volume, ft3: 19,631 54,250 28,806 68,580 i. Controlling Orifice, diameter: 2"cp 3"cp 2"cp 3"cp j. Permanent Pool Volume, ft3: 30,373 83,070 47,104 96,637 k. Max. Fountain HP: 1/8 1/3 1/6 1/3 I. Receiving Stream (all ponds): UT Howe Creek m. River Basin / Index Number: CPF24 18-87-23 n. Stream Classification: "SA ORW" (chlorides 31 ppm) II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 5. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 990306 6. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in Ponds 1, 2, 3 and 4 is 1/8, 1/3, 1/6, and 1/3, respectively as listed in Section 1.6 (k) of this permit. 7. 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. 8. The Permittee shall maintain a copy of the approved plans and specifications on file at all times. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the maximum allowed under this permit. 10. The runoff from all built-upon area within any of the drainage areas on the project must be directed into the appropriate permitted stormwater control system. 11. 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. 12. All future development projects within the drainage area of any permitted pond must submit proposed plans to the Division for approval prior to construction. If the project is owned by the permittee, a separate permit will not be required. If the project has been sold, the new owner must submit an offsite permit application. In either case, development plans must be submitted for approval. 13. Prior to the sale of any portion of the property, the following statements and restrictions must be recorded with the Register of Deeds: a. The built-upon area is limited to a maximum of 85% of the lot area. Built-upon area includes, but is not limited to, impervious and partially impervious surfaces such as structures, asphalt, concrete, brick, slate, coquina, gravel and permeable pavement, but does not include raised, open wood decking, or the water surface of swimming pools. The allocated amount of built-upon area for the lot includes that portion of the right-of-way between the front lot line and the edge of pavement. b. All runoff from the built-upon area on the lot must be directed into the forebay of the appropriate detention pond, as indicated on the approved plans. c. The owner of any subdivided lot within the scope of stormwater permit SW8 990306 must submit an offsite permit application to the Division prior to any construction on the lot. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 990306 14. A copy of the recorded deed restrictions must be submitted within 30 days of recording. 15. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 16. The following actions will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built-upon area. c. Further subdivision or sale of the project area, in whole or in part. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 17. The Director may determine that other revisions to the project should require a modification to the permit. 18. 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. 19. The area of the project to the north of Pond 4 which is identified on the approved drainage area map as Tracts F and G, is not included in the drainage area of any pond. Prior to development this area must submit for either a permit modification or an individual permit. If this area is sold, the permittee must provide the Division with the name, address and phone number of the new owner within 30 days of the sale, in writing. III. GENERAL CONDITIONS 1. 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 Name/Ownership Change 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; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in North Carolina General Statute 143 Article 21. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 990306 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, 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. 5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Built-upon area is defined as impervious and partially impervious surface such as structures, asphalt, concrete, gravel, brick, stone, slate, coquina and permeable pavement, but does not include raised, uncovered, open slatted decking, or the water surface of swimming pools. Permit renewed, updated and reissued this the 17t" day of June, 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S\COOt Tracy . Davis, P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 990306 Page 7 of 10 State Stormwater Management Systems Permit No. SW8 990306 Master Plan BUA Summary Master Permit: Westfall Office Park Updated 6/17/15 Built Upon Area (BUA) Permit# Pond 1 Pond 2 Pond 3 Pond 4 Master SW8990306 Maximum Allowed BUA 205,644 589,464 285,841 710,028 Offsite SW8 000210 Pharma Research 197,737 SW8 010703 Rx Express Marketing 18,457 SW8 040807 Atlantic Animal Hospital 20,400 SW8 050321 FNB Properties 44,056 105,785 SW8 060944 Gateway Bank 48,803 SW8 070409 The Pines 281,074 SW8 090337 Westfall Medical Offices 120,904 SW8 090421 Wilmington Board of Realtors 61,012 SW8 131009 Goodwill 58,093 SW8 140107 Springhill Suites 79,010 Subtotal Offsite Permits 102,149 421,398 48,803 462,990 Amount BUA remaining for future development 103,495 168,075 237,038 247,038 Page 8 of 10 State Stormwater Management Systems Permit No. SW8 990306 Westfall Office Park Stormwater Permit No. SW8 990306 New Hanover 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, (P roject) 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 is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 9 of 10 State Stormwater Management Systems Permit No. SW8 990306 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DEMLR Regional Office New Hanover County Building Inspections Page 10 of 10 DEMLR USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Energy Mineral and Ladd Resources (NCDENR DEMLR) STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This form may be photocopied for use as an original This form is to be completed by the current permit holder Pursuant to Title 154 NCAC 2H.100,3(h)(2).This states that stormuattet management p=rmits,issued for projects that require the construction of engineered stormwater control rnea.,urea(I hgh Dr,r.ity Permits),shall be required to submit an application to renew the pet mit 180 days prior to eApiration of the pet mit. Renewed permits are valid for a period of 8 years per Session Law 2011-398(SB 781)Section 60.(c). I. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the North Carolina Department of Environment and Natural Resources(NCDENR)Division of Energy Mineral and Land Resources(DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DEMLR Regional Office. (The appropriate office may be found by clicking on the interactive online map at http://portal.ncdenr.org/web/guesthegionll-offices.Copies of the original permit can be obtained from the Regional Office of the Division of Energy,Mineral and Land Resources.) This Renewal is for STORMWATER PERMIT#:SW il9 OS o 6 Please check which of the following permit renewal scenarios apply. Initial in the spaces provided that you have provided the required information; 54 A.Renewal Only; -$505 fee -Renewal Form-Sign and complete all sections (send original&1 copy) -Recorded Documents Required By Permit Deed restrictions,covenants,condominium/planned community declaration&easements(if not already submitted to NCDENR DEMLR). Copies are acceptable. -Designer's Certification(if required by permit and not already received by NCDENR DEMLR)(See the �.\ last page of your permit for a copy of the certification form.) �A� �1 J -1 Have a Copy of the Current Operation and Maintenance Agreement(O&M): Please Keep this on File ., M'4��fJ with your permit. -I Do Not Have a Copy of the Current O&M:Initial This Line to Request a copy. (If NCDENR DEMLR does not have a copy on file,the::you will be notified to submit a new 0&M form.) ❑ B.Renewal an lq Eicalyi on; -$505 Fee and Pages 1&2 of this Renewal Form -SWU-101 Application Form(htip:Uportnl.ucdenr.org/webhwghosls:lstates-tolformts dncs) -Recorded Documents Required By Permit:Deed restrictions,covenants,condominium/planned community declaration&easements(if not already submitted to NCDENR DEMLR). Copies are acceptable. -Under HI.1.on SWU-l01 Application Form--Check Box for t t4 e:vea -Designer's Certification(if required by permit and not already .LT eived by NCDENR� LR)(See the last page of your permit for a copy of the certification form.) -M {iy;1 } -O&M Agreement(ltttp:/lportal.ucdenr.orelniebhel/roi su/but -in 'al BY: .AWED Form SWU-102(Renewal Form) Rev.Oct.31,2013 Page 1 of 4 tWirier Jon e>z/G, 2U 5 �dcor� c f ❑- C.Renewal and Either: 1.)Permit Transfer to a New Permittee,or 2.)Project Name Change: Please submit all items in I.A,and: Request a NCDENR DEMLR site inspection if transferring permit to new property owner. Submit One of the Two Following Forms below(forms available at http://portal.ncdenr.org/web/lr/state- stormwater-forms docs). 1. HOA Name/Ownership Change Form: For planned communities(per Chapter 47C or Chapter 47F of the General Statutes) 2. Name/Ownership Change Form: For all other transfers Please make sure all required information is submitted with the Name/Ownership Change form (as stated in each of the available forms)and that all required signatures and initials are filled in properly. Otherwise the name change or transfer can not he processed and the original owner will remain as the permit holder. ❑ D.Renewal,Modification,and Transfer(or Name Change): Please submit pages 1 and 2 of this Renewal form along with all items listed in I.B. and C.above(check this box and initial items in B. &C.that you are submitting to NCDENR DEMLR). II. APPLICANT'S CERTIFICATION Note:The legally responsible party is the current permittee and/or the legally responsible representative until such time that the permit is officially transferred through a request to DEMLR by the permittee. I, (print or type name of permittee or person legally responsible for the permit) t c1 -Co -L G. 777.sk T certify that I have a copy of the DEMLR Approved Permit and O&M Agreement on-site(OR I have obtained a copy from DEMLR and it will be kept on site),that I am responsible for the performance of the maintenance procedures and the site has been,and will be,maintained according to the 0&M Agreement. I agree to notify DEMLR of any problems with the system and prior to any changes to the system or changes in ownership I will(or have through this renewal application)notify NCDENR DEMLR and submit the proper forms to modify or transfer the permit. All information provided on this permit renewal application is,to the best of n'knowledge,correct and complete. Permittee Title: IL,•to-4 f- 'Tre,sk ,)r ,SI . — tie -I /, "'or-k µul e'Lv; ~5 rIS Sept ;cvfvio, Address: I z ti'Z 'r St-.0oJ 2 owl j Li r I.r. .,3 f w(_ 7Ty 03 Phone: P n1-e.I-I IYIu.,(y...r - Le c 1. —s14 II 910 7_7q— 66 7 Signature: /".14/1-100.----7-"Ilvt--------_________, Date: -5-- 5--/5 NOTARIZATION: I, Erb a O. /ir . a Notary Public for the State of /Vol ( 04.1^0ita 4 County of 4)014.4 or- , do hereby certify that a2. e'r'al G-, -77-7 a(dj personally appeared before me this day of Illy 5, 02-0/5 ,and acknowledge the due execution of the forgoing stormwater BMP maintenance requirements.Witness my hand and official seal, My commission expires: ?_al 6 -/7 Notary Signature: e..,,c Date: 5—5 -S ;,BIE;A1 ECEiViri. .&,, ' ~ :} El .i MAY 052015 L; L c BY. J .. .R'•, ,,,;)y Form SWU-102(Renewal Form) Rev. Oct.31,2013 Page 2 of 4 """"" III. GENERAL INFORMATION 1. Stormwater Management Permit Number: SW$ 11 03 06 2. Permit Holder's name(specify the name of the corporation,individual,etc.): L/es-1-- (1 P0. As so( .€f;,.A., TAc 3. Print Owner/Signing Official's name and title(person legally responsible for permit): J6 'T.-0 s k TT'. r 4. Mailing Address for person listed in item 2 above: 120 Z I`c.g,L -"vv. R P o i City: L .r I I :r to. State: I C Zip: qv 3 Phone: (t11 d ) 3/3— '9 7t 5 Fax: ( ) Email: 5. Project Name: Je 54' I 6. Location of Project(street address): (- City: County: Zip: 7. Directions to project(from nearest major intersection): ofr eoc.d le, i2vni — 4 ea 5 s -To 13 11 _ '�Pp RI MAY 0 5 2015 f n 1. BY: Form SWU-102(Renewal Form) Rev. Oct.31,2013 Page 3 of 4 V. PERMIT INFORMATION: 1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention OWet Detention Pond ❑Dry Detention Basin❑Infiltration Basin ❑Infiltration Trench ['Sand Filter ❑Other: 2. If any changes were made to the original DEMLR approved project list them in the space below(attach additional pages if needed and provide"As-Built" drawings with this application). If major changes have been made to your project please request a plan revision or modification of the permit and submit"As Built" drawings along with a final or updated stormwater system engineer certification(if not already provided to NCDENR). DEMLR Engineer and Designer Certification Forms are available from each NCDENR DEMLR Regional Office. Ur:" MAY 05 2015 Form SWU-102(Renewal Form) Rev.Oct.31,2013 Page 4 of 4 6Y Lewis,Linda From: Lewis,Linda Sent: Friday,June 12,2015 9:20 AM To: Leah Cox Subject: FIN: Renewal for Westfall Office Park Stormwater Permit SW8 990306 Attachments: 2015 06 OM_scan 990306.pdf Scan of page one of the renewal application and the wet pond supplements/O&M agreement attached. Linda From: Lewis,Linda Sent: Friday,June 12, 2015 8:33 AM To: 'Leah Cox' Subject: RE: Renewal for Westfall Office Park Stormwater Permit SW8 990306 Leah: I'll be happy to scan and email page 1 of the renewal application to be initialed and returned,and I can scan and email a copy of the original O&M agreement for you.They will be attached in a separate email to follow shortly. Happy Friday! Linda From: Leah Cox [mailto:leah@capefearcommercial.coml Sent:Thursday, June 11, 2015 4:11 PM To: Lewis,Linda Subject: Re: Renewal for Westfall Office Park Stormwater Permit SW8 990306 Linda, Do we need to come to your office to initial page one? Or can we just tell you we would like a copy of the agreement? Thank you, Leah Cox Fussell On Jun 11, 2015,at 4:03 PM, Lewis,Linda<linda.lewis@ncdenr.gov>wrote: Leah: The renewal application form that we received is missing the required initials on Page 1 indicating what's been submitted and what you need copies of. Please advise if you need a copy of the Operation and Maintenance agreement. ! believe all the other documents have already been submitted, i.e.,the recorded deed restrictions and the designer certifications. Thank you. Linda Linda Lewis,E.I. 1 Environmental Engineer Ill Division of Energy,Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington,NC 28405 Main Office—910-796-7215 Direct Line—910-796-7343 E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Lewis,Linda From: Mike Brown <mike@capefearcommercial.com> Sent: Thursday, May 21, 2015 10:41 AM To: Lewis,Linda Cc: Leah Cox Subject: RE:Westfall Office Park SW8 990306 Linda- Thank you for your quick response. We do understand that the permit holder and the land owner are not one and the same, so we are on the same page there. You have my permission to make the correction on the form. Thank you so much! -Mike Mike Brown Vice President of Brokerage Development Services to CAPE.'F:`,€; CONNI N,f1tl. 1051 Military Cutoff Road,Suite 200 Wilmington,NC 28405 910.344.1000(main) 910.344.1010(direct) 910.344.1030(fax) mike@capefearcommercial.com www.capefearcommercial.com View Our Listings Per NC Real Estate Law,we ask you to review"Working with Real Estate Agents",or if this is a lease transaction,"Working with Real Estate Agents 'Lease Transaction)". After you have reviewed the applicable publication,please schedule a meeting with us to discuss the contents of the publication. CONFIDENTIALITY STATEMENT This email transmission contains information from Cape Fear Commercial,LLC.,which is privileged and confidential. It is intended only for the use of the addressee(s)shown above. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of such information is strictly prohibited. If you have received this e-mail in error,please immediately notify us by reply e-mail or telephone(collect call accepted). Thank you. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent:Thursday, May 21, 2015 9:41 AM To: Mike Brown Cc: Leah Cox Subject: RE:Westfall Office Park SW8 990306 I understand the confusion.Just for clarification,the permit does not automatically transfer with the conveyance of the property. 1 To save you some time,and if you will give me permission via reply email, I can change the form to reflect that the Permit Holders Name is Raiford G.Trask,Jr. as it is currently listed on our database,and remove the reference to the HOA. Thanks, Linda From: Mike Brown [mailto:mike@capefearcommercial.com] Sent: Thursday, May 21, 2015 9:12 AM To: Lewis,Linda Cc: Brian Eckel; Leah Cox Subject: FW: Westfall Office Park SW8 990306 Linda- Brian forwarded me your message from this AM. It was our intent to renew the permit,then file for the transfer of the permit after the renewal is complete. As a point of clarification,two of the four ponds are sitting on real estate that is actually owned by Westfall Park HOA. I suspect that when filling out the paperwork, I listed the HOA as the"owner" because they own the real estate. It was not my intent to indicate that they own the permit. By doing this, I probably created the confusion. Anyway, I do want to renew the permit and do the transfer later. Should I come pick the application up from your office today and get the correction made? I am happy to do that. P.S. We are getting the repairs to the ponds done in the next two weeks. The work has been scheduled and we have asked the contractor to coordinate with you to make sure they are doing everything that needs to be done. Thank you for your help. -Mike Mike Brown Vice President of Brokerage Development Services CAPE FEAR L11a1M1:NI I al 1051 Military Cutoff Road,Suite 200 Wilmington,NC 28405 910.344.1000(main) 910.344.1010(direct) 910.344.1030(fax) mike@capefearcommercial.com www.capefearcommercial.com View Our Listings Per NC Real Estate Law,we ask you to review"Working with Real Estate Agents"or if this is a lease transaction,"Working with Real Estate Agents (Lease Transaction!". After you have reviewed the applicable publication,please schedule a meeting with us to discuss the contents of the publication. CONFIDENTIALITY STATEMENT 2 This email transmission contains information from Cape Fear Commercial,LLC.,which Is privileged and confidential. It Is intended only for the use of the addressee(s)shown above. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of such information is strictly prohibited. If you have received this e-mail in error,please immediately notify us by reply e-mail or telephone(collect call accepted). Thank you. From: Brian Eckel Sent:Thursday, May 21, 2015 9:02 AM To: Leah Cox; Mike Brown Subject: Fwd:Westfall Office Park SW8 990306 Brian C. Eckel brian@capefearcommercial.com 910.520.8780 Begin forwarded message: From:"Lewis,Linda" <linda.lewis@ncdenr.gov> Date: May 21,2015 at 8:53:44 AM EDT To: Brian Eckel<Brian@capefearcommercial.com> Subject: RE:Westfall Office Park SW8 990306 Good morning Brian.Yes,the renewal application was received on May 5,2015.The only problem I see with it after glancing at it momentarily is that the permittee is listed as the Westfall Park HOA.The Division has not approved the transfer of the permit to the HOA. If Mr.Trask desires to include a transfer of the permit to the HOA jointly with the renewal,then please resubmit the renewal application by checking the box at the top of page 2 marked"C. Renewal and either 1) permit transfer to a new permittee or 2)a project name change."As indicated below item C., in addition to the renewal application,you will also be required to submit a completed and signed HOA Name/Ownership change form. Please note however,that there are certain minimum criteria that must be met under SL 2011-256 in order to transfer the permit to the HOA,which includes a compliance inspection. If the project does not meet the minimum criteria to transfer the permit to the HOA, it may be best to simply renew the permit to Mr.Trask at this time and deal with the transfer at a later date when everything is in order and the requirements of SL 2011-256 can be met. Please let me know if you have any other questions about the renewal or the transfer process under SL 2011-256. Also,can you please forward this to Leah Fussell,the property manager? She was listed on the application to contact if anything was missing, but she did not provide her email address. Thanks, Linda From: Brian Eckel [mailto:Brian@lcapefearcommercial.com] Sent:Thursday, May 21, 2015 6:06 AM To: Lewis,Linda Subject: RE: Westfall Office Park SW8 990306 3 Linda-Hope all is well. Just wanted to close the loop on this and make sure Mike got you everything you need? Brian C.Eckel,SIOR 1051 Military Cutoff Road, Suite 200 Wilmington,NC 28405 910.344.1000(main) 910.344.1001 (direct) 910.344.1021 (fax) brian@capefearcommercial.com www.capefearcommercial.com View My Listings View My Bank-Owned Properties Page View My Profile and Download V-Card Per NC Real Estate Law,we ask you to review"Working with Real Estate Agents,"or if this is a lease transaction,"Working with Real Estate Agents[Lease Transactions]." After you have reviewed the applicable publication,please schedule a meeting with us to discuss the contents of the publication. CONFIDENTIALITY STATEMENT This email transmission contains information from Cape Fear Commercial,LLC.,which is privileged and confidential. It is intended only for the use of the addressee(s)shown above. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of such information is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail or telephone. Thank you. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Monday, May 04, 2015 11:01 AM To: Brian Eckel Subject:Westfall Office Park SW8 990306 Hello. I am trying to reach Mike Brown who manages the subject property and the associated stormwater permit,for Raiford Trask,Jr. I need to let Mr. Brown know that the permit is expired and needs to be renewed.There is a potential purchaser for one of the development tracts within Westfall Office Park, but it cannot be permitted until the existing Master permit is renewed. Thank you for any assistance you can provide in locating Mr. Mike Brown. Linda Lewis,E.I. Environmental Engineer III Division of Energy,Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office—910-796-7215 Direct Line—910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 5 Completeness Review Checidist Project Name: iAlBrt ( Received Date: d IS Project Location: Accepted Date: aliteLf<1---2-' 5— .,- Rule(s) ` 2008 Coastal 01995 Coastal EiPhase II (WiRO-) Universal :�1988 Coastal Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): gel S a 364 T ;PE Cert on File? " Density: HD or LD Type: Commercial or Residential 1 NCG: %: . ?(%OK?) Stream Class: L■]SA Map Offsite to SW8 15ubdivided?: Subdivision or Single Lot rORW Map 1 Exempt I Paperwork Emailed Engineer on: -'Supplement(s)(1 original per BMP) BMP Type(s): etiO with correct/original signatures(1 original per BMP except LS/VFS and swales) Application with correct/original signatures Illt Deed _Corp or LLC: Sig.Auth. per SoS or letter 11•Email Address: Design Engineer f05 (within 6mo) Email Address: Owner Soils Report with SHWT 4_ ,)��� �l'OO ;G3 tO 'E,C�'GO_,CJ'Gr, Calculations(signed/sealed) 11// 6;),, d) 1--cds\-1-c--- nnNo obvious errors it)t) Density includes common areas,etc „y •;,,Feffe--c-A-12S%-_. rifiDeed Restrictions, if subdvided: 5 L.= /_. ;riSigned& Notarized LrjCorrect Template(Comm/Res & HD/LD) or Dec.Covenants&Rest. Plans =.u_ ( -' t 2 Sets Details (roads, cul-de-sacs,curbs,sidewalks, BMPs, Buildings,etc) L_ �- f1 it ,Grading jlWetlands: Delineated or No Wetlands 12 J L-N in Vicinity Map 1Layout(proposed BUA dimensions) FiLegend --IDA Maps 1-1 Project Boundaries infiltration Wet Pond Offsite Soils Report !Soils Report nnPE Cert for Master Lot#: 1 'SHWT: TSHWT: ODeed Rest for Master DLot#Matches Master I Bottom: L PP: BUA Permitted(Master): sf P. fiVisited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA(sf) I DA(sf) - PP (el) . SHWT(el) Depth (ft) SA(sf) Lewis.Linda From: Lewis,Linda Sent: Monday, May 04, 2015 12:32 PM To: Mike Brown (mike@capefearcommercial.com) Subject:. mailing:201411 CEI_BIMS 990306.pdf,201411 CEI_def cient 990306.docx, 201410 permit_extension 990306.doc Attachments: SL 2011-256 Permit_transfer.pdf;201411 CEI BIMS 990306.pdf;201411 CEI deficient 990306.docx;201410 permit_extension 990306.doc Mr. Brown: Here are the letters regarding the most recent compliance inspection and our pursuit of a permit renewal application for the Westfall Office Park. Instructions for downloading the renewal application are provided in each letter. You can also visit our website directly and navigate to the form at: http://portal.ncdenr.org/web/Ir/state-stormwater- forms docs As discussed, let's get the permit renewed first and then we can deal with transferring it, if it's time to do so.The applicable transfer Session Law is 2011-256,attached. Thank you. Linda Your message is ready to be sent with the following file or link attachments: 201411 CEI_BIMS 990306.pdf 201411 CEI_deficient 990306.docx 201410 permit_extension 990306.doc Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. North Carolina Secretary of State Page 1 of 2 Bake F Abraham DEPARTMENT or THE Secretary SECRETARY OF STATE PO Rex 29622R q Account Login Register Date: 11/14/2014 Click here to: View Document Filings I File an Annual Report J n Print a Pre-populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC WESTFALL RESEARCH PARK 36 LEGAL ACRE,LLC Limited Liability Company Information SOSID: 0673496 Status: Current-Active Effective Date: 4/30/2003 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CHAPPELL,BRUCE A.,JR. Office Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405-3641 Mailing Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405-3641 Principal Office Office Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405-3641 Mailing Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405-3641 Officers/Company Officials Title: MANAGER Name: BRUCE A CHAPPELL JR Business Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405 Title: MEMBER Name: RAIFORD G TRASK III Business Address: 1202 EASTWOOD RD WILMINGTON NC 28403 Title: MEMBER Name: CHRISTINE TRASK CHAPPELL Business Address: 6401 QUAIL RUN ROAD WILMINGTON NC 28409 Title: MEMBER Name: RICHARD i-I TRASK Business Address: http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=5640847 11/14/2014 North Carolina Secretary of State Page 2 of 2 921 RABBIT RUN WILMINGTON NC 28409 This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version: 4604 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=5640847 11/14/2014 E-Filed Annual Report 4; 1 �'� ` 5640847 LIMITED LIABILITY COMPANY ANNUAL REPORT Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Wesfall Research Park 36 Acre,LLC REPORT FOR THE YEAR:2014 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C.ID NUMBER: 0673496 NATURE OF BUSINESS: Investment Property REGISTERED AGENT: Chappell,Bruce A.Jr. REGISTERED OFFICE MAILING ADDRESS: 1123 Military Cutoff Road Wilmington,NC 28405-3641 REGISTERED OFFICE STREET ADDRESS: 1123 Military Cutoff Road Wilmington,NC 28405-3641 New Hanover County PRINCIPAL OFFICE TELEPHONE NUMBER: 910-256-7704 PRINCIPAL OFFICE MAILING ADDRESS: 1123 Military Cutoff Road Wilmington,NC 28405-3641 PRINCIPAL OFFICE STREET ADDRESS: 1123 Military Cutoff Road Wilmington,NC 28405-3641 Company Officials: Name:Christine Trask Chappell Name:Richard H Trask Name:Bruce A Chappell Jr Title:Member Title:Member Title:Manager Address: Address: Address: 6401 Quail Run Road 921 Rabbit Run 1123 Military Cutoff Road Wilmington,NC 28409 Wilmington,NC 28409 Wilmington,NC 28405 Name:Raiford G Trask III Title:Member Address: 1202 Eastwood Rd Wilmington,NC 28403 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Raiford G Trask III 4/15/2014 FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE Raiford G Trask III Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE:E-Paid MAIL TO: Secretary of State•Corporations Division•Post Office Box 29525•Raleigh,NC 27626-0525 North Carolina Secretary of State Page 1 of 1 '' North Carolina /:�_: .. , ; , Bake F mil/ DEPARTMENT of THE •1 :; �- Secretaty SECRETARY of STATE PO tiMit Nen Meet.NCB mom= Account Login Register Date: 11/13/2014 Click here to: View Document Filings I File an Annual Report Print a Pre-populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC PHARMCO PROPERTIES,LLC LEGAL Limited Liability Company Information SOSID: 0513582 Status: Admin.Dissolved Effective Date: 12/6/1999 Citizenship: DOMESTIC State of Inc.: NC Duration: JAN 2026 Registered Agent Agent Name: VINCENT,JON T. Office Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Mailing Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Principal Office Office Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Mailing Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Officers/Company Officials Title: MANAGER/MEMER Name: JON T VINCENT Business Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Title: MEMBER Name: DOUG FOSTER Business Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 Title: MEMBER Name: LLOYD ROTHCHILD Business Address: 1508 MILITARY CUT-OFF ROAD,SUITE 302 WILMINGTON NC 28403 This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version: 4604 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=48953 85 11/13/2014 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. PHARMCO PROPERTIES, LLC (0513582) 1508 Military Cut-Off Road, Suite 302 Wilmington, NC 28403 )l `� State of North Carolina 4r - ``�' 1 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 PHARMCO PROPERTIES, 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. '� Fj V'A"� '� This the 4th day of April,2012 If 34), 0, it.„: 4 ' 5,,, .--,:-Ii- _ f 14,40,....4 *40faie (,• e,..„ , „ 4 Ill 4.,iiil ,..s2.0 ii ` ` Elaine F.Marshall `' , rb, '> Secretary of State Document Id: C201209501183 IN ATA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, Ill Governor Secretary October 24, 2014 Raiford G. Trask, Jr., Owner 1202 Eastwood Road Wilmington, NC 28403 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Management Permit#SW8 990306 High Density Commercial Subdivision —Westfall Office Park New Hanover County Dear Mr. Trask: Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2U10, the Governor signed Session Law 2010-177 which granted an extra year for a total of up to four(4)years extension. Accordingly, State Stormwater Management Permit#SW8 990306, which expired on April 10, 2011, is now in effect until April 10. 2015. Please submit the renewal application and fee at least 180 days prior to that date, which was October 10, 2014.A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. If you have any questions, please contact the Division of Energy, Mineral and Land Resources in the Wilmington Regional Office at 910-796-7215. Sin5-rely, Georgette-Scott Stormwater Supervisor Division of Energy, Mineral and Land Resources GDS:\arl: 1\\Stormwater\Permits&Projects119991990306 HD12014 10 permit extension 990306 cc: Wilmington Regional Office Division of Energy,Mineral,and Land Resources Land Quality Section—Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405•(910)796-7215/Fax:(910)350-2004 North Carolina Secretary of State Page 1 of 1 r. ,.. Na M Carolina irt: ' '.'r_Y. '"'�4 a iF DEPARTMENT OF THE .� =� ECRE�AR'YOF STATE rY 1 ::< ' PO en 29622 RBI t.NO 276264692 S914669 Account Login-. Register Date: 10/24/2014 Click here to: View Document Filings PC,PLLC,LP and Non-Profit entities are not required to file annual reports. Corporation Names Name Name Type NC WESTFALL PARK HOMEOWNERS' LEGAL ASSOCIATION, INC. Non-Profit Corporatiot . SOSID: 0515893 Status: Current-Active Effective Date: 1/7/2000 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Naive: TRASK,RAIFORD G.,JR. Office Address: 1202 EASTWOOD RD. WILMINGTON NC 28403 Mailing Address: 1202 EASTWOOD RD. WILMINGTON NC 28403 Principal Office Office Address: NO ADDRESS Mailing Address: 1051 MILITARY CUTOFF RD STE 200 WILMINGTON NC 28405 Officers/Company Officials This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version: 4421 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4807730 10/24/2014 6i5* CORP L tM Q "�• FILED ¢ ARTICLES OF INCORPORATION e COli: 7 ;� I) �} U ,l+,.�1 2089 OF liftettlNo ._ • M PIAl.. WESTFALL PARK HOMEOWNERS'ASSOCIATION, INC. ' ARY STATE CAROLINA A NON-PROFIT CORPORATION In compliance with the requirements of Chapter 55A of the General Statutes of North Carolina, the undersigned resident of New Hanover County, North Carolina, who is of full age, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE I. Corporate Name. The name of the Corporation is WESTFALL PARK HOMEOWNERS'ASSOCIATION, Inc. hereinafter called the Corporation or the Association. ARTICLE II. Duration. The period of duration of the Corporation shall be perpetual. ARTICLE III. Registered Office and Agent. The principal and initial registered office of the Corporation is located at 1202 Eastwood Road, Wilmington, New Hanover County, North Carolina 28403; and the name of the initial registered agent of the Corporation at such address is Raiford G. Trask, Jr. ARTICLE IV. Corporate Purposes. This Corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for the maintenance, management, preservation and architectural control of that certain property known as Westfall Park shown and described on the plat thereof recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, and any additions thereto which may be brought within the jurisdiction of the Corporation; and to promote the health, safety and welfare of the Lot Owners, and for these purposes: (A) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation set forth in that certain Declaration of Covenants, Conditions and Restrictions for Westfall Park (the "Declaration"), which is recorded or will be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length (all capitalized terms herein shall have the meaning defined in the Declaration); • (B) To fix, levy, collect and enforce payment by any lawful means of all Assessments and other charges pursuant to the terms of the Declaration; to pay all office and other expenses incident to the conduct of the business of the Corporation, including all licenses, taxes or governmental charges levied or imposed against the property of the Corporation; (C) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; (D) To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (E) To dedicate, sell or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; (F) To participate in mergers and consolidations with other non-profit corporations organized for the same purposes; (G) To annex Additional Properties to the Development as provided in the Declaration; and (H) To have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise. ARTICLE V. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot, including contract sellers, shall be a Member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot. ARTICLE VI. Voting Rights. The Corporation shall have two classes of voting memberships: Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they, among themselves, determine but in no event shall more than one vote -2- S WOJL1Wesdall ParMNOA-An wpd be cast with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited. Class B. The Class B Member(s) shall be the Declarant (as defined iii the Declaration), and shall be entitled to three (3)votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a)When the total vote outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) On December 31, 2060; or (c) Upon the voluntary surrender of all Class B membership by the holder thereof. ARTICLE VII. Initial Board of Directors. There shall be one (1) Director on the initial Board of Directors whose names and addresses are as follows and who shall serve until their succes- sors are selected and qualified: Raiford G. Trask, Jr. 1202 Eastwood Road New Hanover County Wilmington, NC 28403 ARTICLE VIII. Incorporator. The name and address of the incorporator of this Corporation is: William O. J. Lynch P. O. Drawer 2178 New Hanover County Wilmington, NC 28402 ARTICLE IX. Dissolution of the Association. In the event of dissolution of the Association, the residual assets of the Association will be dedicated to a public body or conveyed to one or more organizations with purposes similar to those of the Association which are exempt as organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986. -3- S tWOJLlWesdall Pal,HOA-An wpd r J• ARTICLE X. Amendment. These Articles of Incorporation may be amended only upon the vote of not less than two-thirds (2/3)of the members of each class. ARTICLE XI. HUDNA Approval. If HUD or VA has approved the making, insuring or guaranteeing of loans within the Development, then annexation of Additional Property, mergers and consolidations, mortgaging of Common Areas, dissolution of the Association and Amendment of these Articles or the Corporation's Bylaws requires the prior approval of HUDNA so long as there is Class B members. IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of the State of North Carolina, I, the undersigned, being the incorporator of this Corporation, have executed these Articles of Incorporation this the 6'h day of January, 2000. WILLIAM 0. J. YN H INCORPORATOR STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER This is to certify that on,this 4 day of , 2000, before me, �. �•S'rg .Aa.r, a Notary Public, persona appeared WILLIAM O. J. LYNCH who, I am satisfied is the person named in and who executed the foregoing Articles of Incorporation, and I having first made known to him the contents thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed for the uses and purposes therein expressed. IN TESTIMONY WH EOF, I have hereunto set my hand and affixed my notarial seal, this the (p day of , 2000. S/ L / • I• 44eflit otary Public My commission expires: 02-0/0—.200/ (SEAL) OFF v. M.STRACHAN *Amy Pubh� -4- S\WOJOWe9Nae Park HOA-Art wptf m NORTH CAROLINA -f at i ` vl l `, b. ' ' 0 ,. Department of The Secretary of State CERTIFICATE OF REINSTATEMENT FROM SUSPENSION I,ELAINE F.MARSHALL,Secretary of State of the State of North Carolina,do hereby certify that the Articles of Incorporation of WESTFALL PARK HOMEOWNERS'ASSOCIATION, INC. were reinstated from suspension pursuant to the provisions of N.C.G.S. §105-232 on 1st day of October,2013 and,further,that the corporation was thereupon again entitled to exercise its rights,privileges,and franchises in this state. m `t IN WITNESS WHEREOF,I have hereunto ;: 41, �, 40 `, set my hand and affixed my official seal at the ,, ...4p ,.., ' ' R. City of Raleigh,this 1st day of October,2013 ., ,+I ,f. l,1�11 • ltailte., Secretary of State B Document Id: C201327400167 1 I i -I I /t ' i ( I I - • 1 I I I I - -?� J� IJ I I I I I I ~ — �.. . , , i I I I 1 p�_ I 171 / 1----[ I . s laWillaim,i, I ‘,,,/ I I 1 / ! Iie. ! I f' Ii I Iii 1 1 1 i + I - .. I I 1I 1 + .I I I I I ••°°°sq-FT I I I I ( I 1 I l i II 1 1 1 I / (11114111------ I III• 1 I i .11 IIL__ hl i I1 I i I ,I• a,00 1 iJ 1 I r ce I ! 1 I eso-54 � d j I 1I 1 I 1 I I II I r■ I I V j / 1I III1 1 -y , ► 11 I 1i -' . '... 1h 1 I I --C.- 11 I jI1_ I ' I-v 1 1 1 1 1 1° I 1 1 I ff EXISTING -•i i i I GOODWILL I 1 r, FOUNDATION iL DOM DRAWING BASED UPON PUBLICLY AVAILABLE OATH • MD NEW NANOVR COUNTY OW. AU IFANRES MID ANY MD ALL AMITIES SHOULD BE LENORED AND VEWIFlED BV PROfE49ON11L LIVID SURVEYOR. E SI�� — — PRELIMINARY TRAFFIC SIGNAL TYLER E R ,DRIVE '- -� '� — — NOT APPROVED FOR CONSTRUCTION (60'ROW) 1/Niq 1 III Ii_I`I 1 t ;i I y— �'..� ' _` v�—Y �... WITHER"' RAVENCL j '"*"..I —WIWIWIIWIWII us Try..m ___ .-- SHOPPES AT MAYFAIRE CONCEPTUAL SKETCH rremns•nu.w 1.......n IX A I Tm i== © ...... RCE SGvY 9qo 30 Co -- ,�ti Public Services , • Engineering rnYof GTON t ,. :'i' 212 Operations Center Drive Wilmington,NC 28412 NornM CAROLINA \, ! 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTYNoice April 9, 2014 Shaunak Patel, Manager PHG Mayfaire, LLC 1255 Crescent Green, Suite 110 Cary, North Carolina 27518 Subject: Stormwater Management Permit No. SWMP#2014006 Springhill Suites High Density Project Served by an Offsite Stormwater System Dear Shaunak Patel: The City of Wilmington Engineering Division has received a complete Stormwater Management Permit application for Springhill Suites. Having reviewed the application and all supporting materials, the City of Wilmington has determined that the proposed development meets the requirements of the City of Wilmington's Comprehensive Stormwater Ordinance. We are forwarding the Stormwater Management Permit for the construction,operation and maintenance of the subject project and stormwater management system. This permit shall be effective from the date of issuance until 4/9/2024, and shall be subject to the conditions and limitations specified therein. Please pay special attention to the following permit conditions: • Condition 14 — Operation and Maintenance responsibilities. Failure to establish an adequate system for inspection and maintenance of the stormwater management system will result in future compliance problems. • Condition 16—As built and certification requirements. All items must be completed prior to issuance of a certificate of occupancy. The stamped, approved stormwater management drawing set will be released for construction by the Wilmington Planning Division under separate cover. An electronic copy of the approved drawing set,permit,application and supplementary documents will be maintained by the Wilmington Engineering Division. If you have any questions, or need additional information, please contact Derek Pielech at (910)341-5818 or derek.pielech@wilmingtonnc.gov Sincerely, .e721 for Sterling Cheatham, City Manager City of Wilmington cc: John Tunstall, Norris&Tunstall Consulting Engineers Jeff Walton, Wilmington Development Services/Planning Raiford Trask, Offsite Permitee NCDENR- DWQ Page 1 of 1 ;7 _ Public Services i, Engineering QIYOP ��0� T '+ , : ,_._ .� 212 Operations Center Drive N ""`' j, Wlmin`�r, gton,NC 28412 NORTH CAROLINA ' 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTYNoice COMPREHENSIVE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF-SITE STORMWATER SYSTEM SECTION 1 —APPROVAL Having reviewed the application and all supporting materials, the City of Wilmington has determined that the application is complete and the proposed development meets the requirements of the City of Wilmington's Comprehensive Stormwater Ordinance. PERMIT HOLDER: Shaunak Patel -PHG Mayfaire, LLC PROJECT: Springhill Suites ADDRESS: 1014 Ashes Drive PERMIT#: SW Permit#2014006 Therefore, the above referenced site is hereby approved and subject to all conditions set forth in Section 2 of this approval and all applicable provisions of the City of Wilmington Comprehensive Stormwater Management Ordinance. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: Section 2 - CONDITIONS 1. The runoff associated with this project has been approved to be discharged into Westfall Office Park Pond #2 operated and maintained by Raiford G. Trask, Jr. under the terms and conditions set forth in the latest version of Permit No. SWM 2014002 and State Permit No. SW8 990306. 2. This approval is valid only for the stormwater management system as proposed on the approved stormwater management plans dated April 10, 2014. 3. The built-upon area allocated to this development by Stormwater Management Permit No.2014002, is 73,310(85%of the lot area)square feet. The built upon area for this project must not exceed the maximum built-upon area allocated to this project or a modification to Stormwater Management Permit No. 2014002 will be required. This project proposes 71,010 square feet.The amount available for future development is 2,300 square feet. 4. This permit is issued concurrently with NCDENR/DWQ State Stormwater Offsite Permit No. SW8 990306. This project is subject to the requirements, terms and conditions of both permits. A revision or modification to one permit will not be reflected in the other without separate application. 5. The project will be limited to the amount and type of built-upon area indicated in Section IV of the Stormwater Management Application Form submitted as part of the approved stormwater permit application package, and per the approved plans. 6. This permit shall become void unless the facilities are constructed in accordance with the approved stormwater management plans, specifications and supporting Page 1 of 4 Master Plan BUA Summary Master Permit: Research Park(Westfall Office Park) Permit No.SW8 990306 Allocated Built Upon Area(BUA) Master Permit# 'Company Pond 1 'Pond 2 Pond 3 'Pond 4 Permit SW8 990306 Date Issued 205,644 549,464 285,841 710,028 Offsite SW8 000210 3/3/2000 Pharma Research 197,737 421C4312 " SW8 010703 7/25/2001 Rx Express Marketing 18,457 41 R " SW8 040807 8/18/2004 Atlantic Animal Hospital 20,400 40k 'II SW8 050321 4/7/2005 FNB Properties 44,056 105,785 Tr,ci< SW8 060944 11/14/2006 Gateway Bank 48,803 " SW8 070409 4/20/2007 The Pines 281,074 " SW8 090337 4/16/2009 Westfall Medical Offices 120,904 " SW8 090421 7/21/2009 Wilmington Board of Realtors 61,012 3ZR " SW8140107 1/28/2014 Springhill Suites 79,010 6-1 R ,, SW8 131009 1/8/2014 Goodwill Sir Tyler Drive 58,093 z Subtotal BUA for Offsite Permits 102,149 421,389 48,803 462,990 Amount BUA remaining for future development 103,495 168,075 237,038 247,038