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HomeMy WebLinkAboutSW8031026_COMPLIANCE_20191121STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 ()310aF DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE I i r�D111 .oL1 YYYYMMDD STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD DEQ SECTION: �� Lh�SLA REVIEW TDV1E / DATE:_ 3 NAIv1E: b i _ j 1 __ _EMAIL: r REPRESENTING: r b PHONE: Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to'the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm., Viewing time ends at 4:45pm. Anyone arri*bg without an appointment may view_ the files to the extent that time and staff supervision is available. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by, check, money order, or cash at the reception desk. FILES MUST BE KEPT LN ORDER YOU FOUND THEM. Files may not betaken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, lame totes, etc. are permitted in the file review area. s. Necessary large plan copies can be scheduled with Cameron.Weaver@ncdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Ahways Graphics can be contacted to set up payment options. Written= ( uestiohs may be left with thus cortipleied form: and a staff.member .Will be' irA_coata�t'with you. IF- yod'provide your contact inf rMi,.6.bn where iniiisated above: 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FA=Y NAi� COUNTY 1. S"Y0310R 2. 3. 4. SighsbA and N\me �FirmBusiness Date I Time In lime Uut COPIES MADE ��_ PAD) INVOICE G:/ADM/Shared/File Review Access Form rev 2018 WARDA_NDSMITHYA. /IUSTIN M. LEWIS, Attorney at Late 127 Racine Drive P: 910.794.4680 University Corporate Center (28403) F: 910.794 4 87 7 Post Office Box 7068 jml@wardandsmith.com Wilmington, NC 28406-7068 July 18, 2018 NCDEQ Division of Energy, Mineral and Land Resources Att,n: Georgette Scott, JUL Z Q 2010 127 Cardinal Drive Extension 1'V'ilmington; ITC 28405 RE: Brunswick Plantation Property Owners association. Inc. Our File 080024-00001 Dear Ms. Scott: The undersigned and this law firm represent Brunswick Plantation Property Owners Association, Inc. (the "Association"). The following stormxvater management permits affect. the Brunswick Plantation Community: SVV8 910108, S1j'S 940528, S\V8 940706, SkV8 970637, SW8 990323, SW8 030234, S«'8 031026, S«18 060444, SNA S 920611, S«`8 970221, and SN'V8 970805 (collectively the "Permits"). Caw Caw Land Corporation is the Permittee under the Permits (the "Permittee"). Some of the Permits appear to affect the golf course that is located within the Brunswick Planation Community, but is owned and maintained by an entity that is unrelated to the Association ("Golf Course") and the Permittee. It is our understanding that the Permittee intends at sonic time in the near future to contact, the Division of Energy, 1Vlineral and Land Resources ("DEIVILR") to requesL that some or all of the Permits be transferred to the Association. Subject to the satisfaction of the requirements imposed by North Carolina law, the Permittee's cure of any violations, and the Permittee's compliance with DEAMR.'s policies and procedures; the Association is prepared to cooperate with the transfer. In light of the fact that the Association will be responsible for the maintenance and repair of the stormwater nnanagennent. facilities after any such transfer and that some of the Permits affect property owned and maintained by the Golf Course, the Association requests that it be included in the transfer process and that it be afforded an opportunity to review the required certifications from the Permittee's engineer prior to any transfer of any of the Permits to the Association. The Association also requests that, it receive notice of any proposed transfer. The appropriate point of contact for the Association 1s: ASHEMLE GREENVILLE NEW BERN RALEIGH WILMINGTON www.wardandsmith.com Y - WARDAND SMITH. PA. July 18. 2018 Page 2 Brunswick Plantation Property Owners Association, Inc. c/o Jon Trainor 382 Brunswick Drive N«V Calabash. NC 284E37. In addition to that, point of contact. for the Association, I would be grateful if --ou �yould send any correspondence or notifications regarding the Permits acid the contemplated transfer of the Permits to me. If y-ou have any questions regarding this correspondence, please do not hesitate to contact me. Yo}rrs truly, Justin 'lM. Lewis ND: 4814-208 t -7773. v. t 4814-2081-7773, v. 2 , A /tir+J NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, GPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary October 28, 2013 Mason H. Anderson, President Caw Caw Land Corporation P. O. Box 4969 Calabash, NC 28467 Subject: Notice of Inspection — Non Compliant The Hamptons Phases I & II Permit No. SW8 031026 Brunswick County Dear Mr. Anderson: On October 25, 2013, the Wilmington Regional Office of the Division of Energy. Mineral and Land Resources (DEMLR) inspected The Hamptons in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 031026 issued on February 13, 2008. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Submit the required Engineer's Certification. 2: Submit the required Restrictive Covenants. Please inform this Office in writing before November 29, 2013, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by November 29, 2013 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910) 796-7215 or via email at david.w.cox@ncdenr.gov. Sincerely,.,, David Cox Environmental Senior Specialist Enc: Compliance Inspection Report DSldwc: S:IWQSIStormwatehPermits 8 Projects120031031026 HD1201310 CEI_deficient 031026 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone:(910) 796-72151 Fax (910) 350-2004 Compliance Inspection Report Permit: SW8031026 Effective: 02/13/08 Expiration: 02/13/22 Owner: Caw Caw Land Corporation County: Brunswick Region: Wilmington Project: The Hamptons Phase I and II formerly Brunswick Plantation North Addition Sr 1305 Calabash NC 28467 Contact Person: Jimmy McLamb Title: Secretary Phone: 910-287-4533 Directions to Project: From intersection of Hwy 17 and NC 904, go South approx. 2 miles. Turn right on SR 1304, then approx. 1 mile, turn left on SR 1305 Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - On -Site Representative(s): Related Permits: Inspection Date: 1012512013 Entry Time: 11:15 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: Q Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 12:00 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 >. Permit: SW8031026 Owner - Project: Caw Caw Land Corporation Inspection Date: 10/25/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Submit the requested documents in the comments section. Submit a corrective action by November 29, 2013. File Review Yes No NA NE Is the permit active? ■ n n n Signed copy of the Engineer's certification is in the file? n ■ n n Signed copy of the Operation & Maintenance Agreement is in the file? ■ n n n Copy of the recorded deed restrictions is in the file? n ■ o n Comment: This office does not have a copy of the Engineer's Certification nor a copy of the Recorded Restrictive Covenants. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ n C) 0 Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: Continue to establish permanent grass cover on the pond slopes. Page: 2 GENERAL ASSEMBLY OF"NORTH CAR+Ltd SESSION 2011 i NOT G(.7�,�� FofL SESSION LAW 2011-256 T�AaSF�'L SET HOUSE BILL 750 Qcd-�S "OT mC � AN ACT TO (1) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL: RESOURCES TO TRANSFER A PERMIT FOR A STORMWATER MANAGEMENT SYSTEM FROM A DECLARANT OF A CONDOMINIUM OR PLANNED COMMUNITY TO AN OWNERS ASSOCIATION UPON REQUEST OF THE PERMITTEE AND SUBMISSION OF DOCUMENTATION THAT DECLARANT CONTROL HAS TERMINATED, (2) PROVIDE THAT THE RULES OF A SANITARY DISTRICT MAY NOT BE MORE RESTRICTIVE THAN OR CONFLICT WITH THE REQUIREMENTS OR ORDINANCES OF A COUNTY WITH JURISDICTION OVER THE AREA; AND (3) PROHIBIT ANY PERSON FROM CONTRACTING OR SUBCONTRACTING TO RENT OR LEASE TO ANOTHER A PORTABLE TOILET OR MANAGE OR DISPOSE OF WASTE FROM A PORTABLE TOILET UNLESS THAT PERSON IS PERMITTED TO OPERATE A SEPTAGE MANAGEMENT FIRM. The General Assembly of North Carolina enacts: . SECTION 1. G.S. 143-214.7 is amended by adding a new subsection to read: "(c2) The Department shall transfer a permit issued under this section for a stormwater management system from the declarant of a condominium or a planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration upon request of a permittee if the Department finds that i common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration; (ii) the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant; and (iii) the stormwater management system _ is in substantial _compliance with the stormwater permit issued to the permittee by the Department. In support of a request made pursuant to this subsection, a permittee shall submit documentation to the Department sufficient to demonstrate that ownership of the common area related to the operation and maintenance of the stormwater management system has been conveyed_ from the declarant to the association _and that the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant. For purposes of this subsection, declarant of a condominium_ shall have the same meaning as provided in Chapter 47C of the General Statutes, and declarant of a planned community shall have the same meaning as in Chapter 47F of the General Statutes." SECTION 2. G.S. 130A-55 reads as rewritten: 1 130A-55. Corporate powers. A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the sanitary district. Notwithstanding any limitation in the petition under G.S. 130A-48, but subject to the provisions of G.S. 130A-55(l7)e, each sanitary district may exercise all of the powers granted to sanitary districts by this Article. In addition, the sanitary district board shall have the following powers: (7) To adopt rules necessary for the proper functioning of the district. However, these rules shall not conflict with rules adopted by the Commission for Public Health, Environmental Management Commission, or the local board of health having jurisdiction over the area. Further, such rules shall be no more restrictive than or conflict with requirements or ordinances of any county having jurisdiction over the area, and, if a conflict should arise, the requirements or ordinances of the county having jurisdiction over the area shall control. SECTION 3.(a) In addition to the other portable sanitation permitting provisions of 15A NCAC 13B .0832(b), from the effective date of This act the Department of Environment and Natural Resources shall prohibit any person from contracting or subcontracting to rent or lease to another a portable toilet or manage or dispose of waste from a portable toilet, regardless of ownership of the portable toilet, unless that person is permitted to operate a septage management firm. SECTION 3.(b) No later than January 1, 2014, the Commission for Public Health shall adopt rules consistent with the provisions of Section 3(a) of this act. Notwithstanding G.S. 150B-19(4), the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 3(a) of this act. SECTION 4. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 16`h day of June, 2011. s/ Walter H. Dalton President of the Senate s/ Thom Tillis Speaker of the House of Representatives s/ Beverly E. Perdue Governor Approved 1.48 p.m. this 23`d day of June, 2011 Page 2 Session Law 201 1-256 House Bill 750 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATEITIME NAME s�' �P�' REPRESENTING' '�7y'�z_� Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 .m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that -you -may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5„per copes Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6.. The customer must present a photo ID, sign -in, and receive,a visitor sticker prior to reviewing files. FACILITY NAME �SO l� c� L`; „C4 COUNTY 2. 9�4v5� ✓ D3/�2� � 4. -7 5. �/O Z ✓ o U .dt7a..Il ' /� 1 12 %G/Zolo ko) gig—nature/Name of Firm or Business Date Time In Time Out (Please attach business card to form if available) # Copes: i J Amt. Pd: I Illk1,H` �'�-•!fit 1 - January 22, 2014 C,� A �QA Mason H. Anderson, President Caw Caw Land Corporation 380 S. Middleton Drive Calabash, NC 28467 Subject: Notice of Inspection — Non Compliant (Remailing of 10/28/2013 report) The Hamptons Phases I & II Permit No. SW8 031026 Brunswick County Dear Mr. Anderson: On October 25, 2013, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected The Hamptons in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 031026 issued on February 13, 2008. A letter dated October 28, 2013, was sent to your listed mailing address of PO Box 4969, but was returned on November 8, 2013 marked, "Not Deliverable as Addressed" and "Unable to Forward". The Division is attempting to send the attached inspection report to you at this alternate address as found from the NC Secretary of State (NCSOS) website. Please note that the Registered Agent and Principal Office mailing address on file with the NCSOS for Caw Caw Land Corporation is PO Box 4969, Calabash, NC. If this is no longer the correct mailing address, please update the Division and the NCSOS. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Submit the required Engineer's Certification. 2. Su bmi t e required Restrictive Covenants. Please inform this Office in writing before February 22, 2014, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by February 22, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, ownership, or mailing address, kindly submit a completed and signed Name/Ownership Change form to DEMLR as soon as possible. if you have any questions, please contact me at the Wilmington Regional Office, telephone number (910) 796-7215 or via email at Iinda.lewis@ncdenrgov, and I'll be more than happy to assist you. Sincerely, Linda Lewis Environmental Engineer III Enc: Original mailed 10/28/2013 Compliance Inspection Report & Letter GDSlarl: G:1W41Shared\StormwaterYermits & Projects120031031026 HD12014 01 CEI_deficient 031026 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File J '►-`! _ . 1. � Nelson, Christine From: Nelson, Christine Sent: Monday, November 04, 2013 12:39 PM To: 'Christopher Flythe' Subject: RE: Brunswick Plantation Attachments: 2009 03 CEl_neither 910108.pdf; 2009 03 CEI_BIMS 910108.pdf}2012 12 CEI_Compliant 31026 970637.pdf; 2012 12 CEI_BIMS 970637.pdf; 2013 10 cei—deficien 0pdf; 2013 10 cei—bims 031026.pdf Christopher, I have included the recent inspection findings for the permits that have had recent inspections, but it would be best to conduct a file review to confirm the compliance history and the current status. Historical compliance records may not appear on the server or in the database. Also, some of the correspondence in the files may provide some insight too. Any expired permit would also be considered non -compliant. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Christopher Flythe [mailto:chris@criterium-giles.com] Sent: Monday, November 04, 2013 12:21 PM To: Nelson, Christine Subject: RE: Brunswick Plantation Do you know which ones were non -compliant and the cause/concerns? I will let you know after talking with the Owner whether I should come down before or after I inspect the site. It may be after. Thank you so much for your help!!! Christopher A. Flythe, PE Criterium-Giles Engineers Office: (919) 465-3801 From: Nelson, Christine (mailto:christine.nelson@ncdenr.Rov] Sent: Monday, November 04, 2013 11:41 AM To: Christopher Flythe Subject: RE: Brunswick Plantation Christopher, The state stormwater files are public record and I can assist in scheduling a time for your firm to take a look at the files for Brunswick Plantation here in WIRO. When I searched on Brunswick Plantation, I found the following stormwater files in the database: SW8 910108 — Brunswick Plantation SW8 920611— Brunswick Plantation Clubhouse SW8 970637 — Brunswick Plantation Phase II SW8 060444— Brunswick Plantation Tracts Al and A2 (a general permit for clearing & grading) SW8 030234 — Commons II at Brunswick Plantation SW8 940706 — Rosewood Duplexes at Brunswick Plantation (permit is expired) SW8 976221— Savannah Greens & Savannah Greens North at Brunswick Plantation (permit is expired) SW8 990323 —Smithfield Brunswick Plantation SW8 940528 —The Commons at Brunswick Plantation (permit is expired) SW8 031026 — The Hamptons Phase I and II formerly Brunswick Plantation North Addition took a quick look through the files on our server and saw indications that one or two of these may have been inspected and found non -compliant. Also, as you can see from the notations above, several permits are expired and will need to be renewed. Currently the renewal is only 8 years, so some of these may need to be renewed twice in order to bring them into an active status. For instance, if the permit expired in 2006, the first renewal would extend the permit until 2014; just in time for the permit to be renewed again. Generally, only 4-5 files are allowed to be reviewed at a time. But we can try to work with you if you need to see more while in town. If you wish to do a file review, a standard copier/scanner will be available for you to use. (it has the ability to scan to a USB drive) Unfortunately, we do not have the equipment to scan or copy large plans. If you think you will want those, I can get you in touch with the Permit Assistance folks who generally help make those arrangements. Please let me know if you would like to schedule a time to review these files or have any questions. Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Lbw and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Christopher Flythe [mailto:chris2criterium ilq es.com] Sent: Monday, November 04, 2013 10:47 AM To: Nelson, Christine Subject: Brunswick Plantation Christine, Brunswick Plantation has hired our firm to go and perform an analysis on the stormwater infrastructure in their community (BMPs, swales, underground pipe networks, etc). In preparation for our site visit next week, we wanted to contact NCDENR to find out if you knew of any outstanding issues or concerns with the stormwater devices, permitting issues, etc. Also, if you had any documents for the permitting of the BMPs, that would be welcome as well. Any information you can provide will be helpful. If you would like to meet with me, please let me know. Christopher A. Flythe, PE Criterium-Giles Engineers 1150 SE Maynard Road, Suite 220 Cary, NC 27511 Office: (919) 465-3801 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources I27 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION P-Y> L r TIMEMATE NAME J J , i i r, L r REPRESENTING a f' C( --y Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form; 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Atpointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00, No briefcases, large totes, etc. are permitted in the file review area- S. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME 1.IV i 2. v 3. 11 4. r, i' ` F t zxu�� 9 i L/_13 Om nature and Name of Firm/Business Date Time In ease attach a business card to this form i OPIES MADE PAIDfNVOICE_ S:Admin.#ile access COUNTY Time Out shallotte Office 11 l Pine Street P.O. Box 2245 Shrrttotte, NC 18459 Phone (910) 754-6786 Fax (910) 754-7141 Websile: 4 tulersotil aiv,laitoffice.cont VIA FAX (9f§)733-2496 and U. S. POSTAL SERVICE Ms. Linda Lewis N. C. Department of Environment And Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 JA N r die.Anderson Law Firm, P.L.L. C. Attorneys and Counselors at Law Sunset Beach Office 790 Sunset Blvd. North Saute 4 Sunset Beach, NC 28468 Phone (910) 575-7757 Fax (910) 575-7760 Mason H. Anderson — of Counsel Richard J. Hollar Chris Webster John Calvin Chandler January 28, 2005 Re: Brunswick Plantation -North Addition Stormwater Project No. SW8 031026 Brunswick County Dear Ms. Lewis: Reply to: Sunset Beach Office On January 27, 2005, Caw Caw Land Corporation provided me with a copy of your letter under date of January 6, 2005, and requested that 1 assist Caw Caw Land Corporation in responding to same. As to Brunswick Plantation -North Addition and recorded restrictions, I must report that no restrictions have been recorded. At this time, Caw Caw Land Corporation is still working to complete the restrictions and secure necessary surveys. Following recording of the restrictions for Brunswick Plantation -North Addition, a copy thereof will be forwarded to your office. If you have any questions, please let me know. Sincerely, Chris Webster CW/pli Enclosures �GF WATFRQ Michael F. Easley, Governor �4 G William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 6, 2005 Mr. Mason Anderson, President Caw Caw Land Corporation PO Box 2935 Calabash, NC 28467 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Brunswick Plantation -North Addition Stormwater Project No. SW8 031026 Brunswick County Dear Mr. Anderson: On January 6, 2004, the Wilmington Regional Office issued a Stormwater Management Permit to you for Brunswick Plantation -North Addition. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by February 7, 2005, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATIDEEDREST1031026.jan05 cc: Delaney Aycock, Brunswick County Inspections Jay Houston, Houston & Associates (Wilmington-P,pgional-Off�e Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733.2496 Intemet. h2o.enr.state.nc.us NorthCarolina \An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Aahirallif 1 i SUMMARY OF EXISTING PROJECT BUILT -UPON AREA Roadway Groups • NONE EXISTTNG 0.00 AC. Exlstino Facilities NONE EXISTING 0.00 AC. Approved -Develop Projects NONE APPROVED 0.00 AC. TOTAL APPROVED PROJECT BUA - 0.00 AC. FUTURE DEVELOPMENT SUMMARY TABLE Roadway Groups * North Balfour Drive 6.46 AC. * Courtland Place 0.21 AC. • Fordham Place 0.52 AC. * Chesterfield Place 0.77 AC. * Wendover Place 0,60 AC. * Pickens Place 0.65 AC. • Fulton Place 0.31 AC. * Gwinnett Place 0.27 AC. * Oglethorpe Drive 1.23 AC. • Pennigton Drive 1.15 AC. • Ackland Place 0.70 AC. TOTAL 12.87 AC. Existing..Facilities •` Cartpaths 4.75 AC. Halfway Houses 0.02 AC. 4.77 AC. DEVELOPMENT PROPOSED APPROXIMATE PROPOSED PROPOSED TRACT LAND USE TRACT AREA BUILT -UPON BUILT -UPON (AC.) AREA (AC.) AREA (SF) SECTION 1 SF 8.57 3.67 160,000 20 LOTS @ 8000 SF/LOT SECTION 2 SF 24.48 10.47 456,000 57 LOTS @ 8000 SF/LOT SECTION 3 SF 60.66 16.87 735,000 147 LOTS @ 5000 SF/LOT SECTION 4 SF 95.88 30.76 1,340,000 268 LOTS @ 5000 SF/LOT SECTION 5 SF 15,52 6.61 288.000 36 LOTS @ 8000 SF/LOT SECTION 6 MF 24.85 12.54 546,242 AMENITY RECREATION 2.51 1.51 65,776 CENTER 232.47 82.43 3,591,019 TOTAL PROJECT AREA . 333.66 AC. MAXIMUM ALLOWABLE PROJECT BUA @ 30% 100.10 AC. APPROVED PROJECT BUA . 0.00 AC. REMAINING MAXIMUM PROJECT BUA - 100.10 AC. TOTAL PROPOSED BUA . 100.07 AC. % PROPOSED BUA - 29.99 % Includes adjacent cul-de-sacs & loops and roads that are considered future roads which are shown unshades. *" Includes Cartpaths, Sidewalks, and Walking Paths *•* Using 1 Halfway House - 20' x 50' (1,000 SF each) NOTE: APPROVED DEVELOPMENT PROJECTS contains projects that are either approved or under review for approval. BU k LT --UPON AREAS TOTAL BAS N ROAD AY WALKPATH BASIN AREA (AC. � AREA AC.) AREA (AC.) 100 11.1681 - - 101 3.8232 --- -- - 102 0.9383 103 2.1513 - -- 104 105 0.6443 0.5255 0,1548 0.0985 0.0393 ---- .5762 0.2529 ^- 108 1.3138 1.3625 0.1144 0.1786 0.0564 -- 50� 502 0 2527 0.1166 0.1168107 - - -- 116 0.9594 0.1190 -- 503 503 0.2467 0.2067 0.1 --- 117 118 1.1022 0.6395 0.1223 0.1442 -- 504 1.2223 0.1084 0.053 -- 119 0.7263 0.1452 -- -- 505 506 1.7292 1.4250 0.2041 �- -- 120 0,6893 0.1088 - 0.0886 --- 121 122 0.9852 0.7301 0.1186 0.0890 --- 60t 4-4138 -.__. -- 123 1.1050 0.0916 -- 602 13.1807 1.0360 -'- 124 125 2.373E 1.8505 0.2229 0.1763 -- 0.0861 603 0.8140 D.098fi 0,f009 0.0490 �- 126 0.5957 0,0521 ---- 6D5 0.$934 0.0966 66 0,0484 129 128 1.2255 I 1.2255 0.0511 0.0881 0.02+8 --- 607 Q.52p7 0.0975 0.0586 0.0295 129 130 0.6751 1,2733 0.0839 0.1512 --- 608 1.1314 0.0584 0.1410 __ 131 1.0673 0.0974 --- 0.0490 609 610 0.4310 0.5609 0.1342 0.1056 0,0598 200 3.3357 -- --- 811 612 0.2742 0.3280 0.0884 0.0030 0.0424 201 202 0.6300 1.8999 0.1308 0.4541 �--- 0.0297 613 614 0.3487 0.0432 0.0405 ___ 0.0187 203 204 0.3315 0.6993 0.0730 0.0729 --- --- 615 . 13811 -1.3197 0.1664 0.1447 0.0704 205 0.2450. 0.1160 --- 616 617 0.5668 0.6497 0.0697 0.0700 206 207 2.3189 0.7591 0.2206 0.128l --- -- 618 1.280$ 0.1537 0.0345 -�- O.-- 619 621 0.9357208 0.1248 209 210 2.1273 0.6303 0.0536 -- 622 1.5795 0.6859 0.1081 0.1134 --- 0.OS43 211 212 0.3963 1.3522 0.0587 0.0885 --- B23 1.1797 0.0861 0.0872 --- 0.0405__ 213 1.0107 0.0931 --- 624- 625 t.2e98 0.1684 300 _ 7.5335 �Y _ _� 626 627 1.2127 0.9892 0.0817 0.0774 0.0571 -- 301 302 0.4481 0.4859 0.0538 0.0520 0.0258 628 0.7504 0.0872 __ 303 0.9077 0.1108 0,0513 629 630 1.2863 1.0351 0.0882 01165 0.0410 30+ 305 0.8567 0.3873 0.1103 0.1288 -- 0.0594 631 632 1.8347 0.8593 . 0,1144 0.0519 306 307 1.1198 1.1206 0.129E 0.1174 0.0563 633 634 2.1454 0.1116 0.1181 0.0561 308 0.8484 0.1121 -- 635 0.7902 1.4425 0.0997 0.0999 309 310 1.5480 1.0406 0.1521 0.1440 0.0740 -- 636 0.3509 0.0461 0.0463 0.0216 637 O.SfiO4 0.0461 _ 638 639 0.3786 0.4876 0.0421 0.0190 1 803 0.0466 ___ 40 403 9.8390 14.1743 --- 700 6.3443 405 4.3815 -- '� 701 702 1.2300 1.3235 0.1443 _T 0666 0.--- 405 406 1.3815 1.2983 b.1471 0.1447 -- 0.0657 703 0.8109 0,1446 0.1238 -�� 0.0579 408 0.1059 0.0488 703 705 1.8109 0.6929 0.1238 409 409 1.9161 1.0161 D.9194 0.1097 0.i097 -- --- 706 0,6728 0.0843 0.0891 0.0381 --- 410 1.0025 0.1093 0.0550 800 6.8045 411 412 1.4420 1.1671 0.1351 0.1330 0.0673 801 0.5956 0.0782 0.0355 413 0.9540 0,1002 0.0499 802 803 0.6727 1.6171 0.0803 4.1115 414 415 0.8530 0.9903 0.0988 0.1334 0.0618 804 0.9971 0.1074 0.0525 416 1.2399 0.1865 - - 805 $Q& 0.6396 0.8359 0.0093 0 0976 0.0461 418 4t8 1.0485 1.0485 0.1131 0.1154 --- --- 807 808 0.4108 0.0599 0.0292 419 420 1.3413 1.5658 0.1347 0.1371 0.0663 -- 809 0.4021 2.4630 0.0545 0.1618 0,07d5 421 1.5869 0.1944 0.0045 810 81l 1.2931 2.4760 0.1556 0.1513 422 423 1.9953 1.1926 0.1995 0.1527 _- $12 1.2390 0.1513 0.070❑ 424 0,4694 0.1459 0.0649 $14 O,3gpg 0.1513 0.0239 425 0.7201 0.1232 0.0025 0.050 ---- 426 0.3508 0.1102 0.0514 1 1.2467 427 0.5966 0.0585 2.3568 428 0.1746 0.0560 0.0249 3 -- 429 0.5251 D.1641 0,0744 -- 430 1.5071 0.1680. --- 431 1.1746 0.3224 0.0318 432 1.2593 0.3116 0.0803 433 0.8426 0.1089 -- 434 0.3608 0.1149 0.0551 435 0.7771 0.0956 436 437 0.3185 0.4297 0.0991 0.0885 0.0473 -- TOTAL BASIN 438 0.0668 0.0322 -- BASIN AREA (AC.) 439 440 0.6871 0.0687 0.0915 0.0335 ---- --- C -`-` 441 0.5377 0.0711 --- E 24,0724 5.4428 442 0.1454 0.0708 --- 443 0.4238 0.0767 -- 444 0.1489 0.0719 445 0.6276 0.0847 --•- 446 0.1750 0.0852 •---- 447 0.4051 0.0462 ---• 448 0.1034 0.0482 -- 449 0.2777 0.0883 ---- 450 0.1758 0.0814 ---