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HomeMy WebLinkAboutSW8951020_HISTORICAL FILE_20081005 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q$ ID 20 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2008 ID o5 YYYYMMDD -^A 0 W AT FRO Michael F. Easley, Governor 0 G William G. Ross Jr., Secretary Y North Carolina Department of Environment and Natural Resources r 1 O Y Coleen li. Sullins Director Division of Water Quality November 10, 2008 Stephen Burdt, President Birkdale at Landfall Association, Inc. c/o LCOA 1749 Drysdale Drive Wilmington, NC 28405 Subject: State Stormwater Management Permit No. SW8 951020 Renewal Birkdale at Landfall Association High Density Subdivision Wet Pond Project New Hanover County Dear Mr. Burdt: The Wilmington Regional Office received a complete State Stormwater Management Permit Application for Birkdale at Landfall Association on November 5, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW8 951020 REN, dated November 10, 2008, for the operation of the project, Birkdale at Landfall Association. This permit shall be effective from the date of issuance until November 10, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. Plans issued on August 14, 1996 are incorporated with this renewal. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory, hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Steve Pusey, or me at (910) 796-7215. Edward Beck Regional Supervisor Surface Water Protection Section ENB/sgp: S:\WQS\STORMWATER\PERMIT\951020REN.nov08 cc: Phillip G. Tripp, PE - Tripp Engineering New Hanover County Inspections City of Wilmington Stormwater Services Beth E. Wetherill, New Hanover County Engineering Steve G. Pusey 'Wilmington Regional Office i Central Files Nehcarolina North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmingtun, NC 28405 ]'hone (910) 796-7215 Wilmington Regional Office Internet: www.ncwaterguality.org Fax (910) 350-2004 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Customer Service 1.877-623-6748 State Stormwater Management Systems Permit No. SW8 951020 REN STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Stephen Burdt & Birkdale at Landfall Association, Inc. Birkdale at Landfall Association c% LCOA at 1749 Drysdale Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 10, 2018 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.4 on page 3 of this permit. The subdivision is permitted for 53 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 951020 REN C! The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervioys Surfaces, ft2: Lot BUA, ft Roads/Parking, ft2: Other, ft2: Offsite, ft2: c. Pond Design Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP ft2: h. Permitted Storage Volume, ftj: i. Storage Elevation, FMSL: j. Predevelopment 1 year 24 hour, cfs: k. Post development 1 year 24 hour, cis: I. Controlling Orifice: m. Permanent Pool Volume, ft3: n. Forebay Volume, ft3: o. Maximum Fountain Horsepower: p. Receiving Stream / River Basin: q. Stream Index Number: r. Classification of Water Body: It. SCHEDULE OF COMPLIANCE 22.42 906,048 70,567 454,200 366,557 83,287 4,356 0 5 90% 1" 16 41,140 43,357 at temporary pool 17 26 17 3"0 pipe 177,938 NE % hp Graham NA „C" Lake / Cape Fear No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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. 5. 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. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 951020 REN 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. The permittee shall submit for approval, final site layout and grading plans for any permitted future development areas shown on the approved plans, prior to construction. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. 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. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 951020 REN 14. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 15. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 951020, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is listed in the table below: LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) 1 10,477 15 9,574 29 7,047 43 5,513 2 6,790 16 8,611 30 8,645 44 5,426 3 6,354 17 5,903 31 6,166 45 5,972 4 6,362 18 1 5,952 32 6,081 46 6,223 5 6413 19 1 7,053 33 1 6,144 47 7,996 6 6,574 20 6,775 34 6,206 48 7,442 7 6,995 21 6,369 35 6,231 49 6,449 8 7,256 22 10,643 36 7,191 50 6,753 9 8,048 23 11,889 37 5,858 51 5,989 10 6,523 24 7,543 38 6,025 52 5,664 11 6,780 25 7,536 39 6 502 53 7,712 12 6,476 26 6,942 40 6,433 13 6,331 27 5,837 41 6174 14 6,049 28 6,492 42 5,763 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 951020 REN If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 3/4 HP. 20. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. 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) having jurisdiction. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 951020 REN 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 10th day of November, 2008. NOR CAROLINA�ONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 7 of 9 • �C�fl�T]E�y F \NATF \OClO 9oG NOV 5 2008 Michael F. Easley. Governor Y William G. Ross Jr., Secretary � r ..�-_ NonhSLgo_Ii a Department of Environment and Natural Resoun:cs 1 Coleen II. Sullins Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW8 951020 BIRKDALE LIMITED PAR-NZRSHI 2. Permit Holder's Name: (Formerly Known as Wentworth Village Limited Partner- ship) 3. Signing official's Name: ROBERT C. ROYCE Title: LIMITED PARTNER (person legally responsible for permit) 4. Mailing Address: 1916 INVERNESS LANE City: WILMINGTON State: NC Zip: 28405 Phone:( ) Fax: ( 1 II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1 . This request is for: (please check all that apply) _Xa. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) x b. Name change of project (Please complete Item #5 below) _X_C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit:BIRKDALE AT LANDFALL ASSOCIATION, INC. 3. New owner's signing official's name and title: STEPHEN BURDT Title: PRESIDENT 4. New Mailing Address: C/O LCOA 1749 DRYSDALE DRIVE City: WILMINGTON State: NC Zip: -'@A� 2811`06- Phone: AA 16-z,-7&4;j Fax: (9k➢ y`d�lo- 7l�in L 5. New Project Name to be placed on permit:-. BIRKDALE AT LANDFALL ASSOCIATION, INC: Ownership/Name Change-060608 Page 1 of 3 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Perrriittee's Certification: I, ROBERT C. ROYCE attest that this application for a XNPM/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required part f this application are not completed and that if all required supporting info atlo and achme is are not included, this application package will be returned as in mplete BIR DALE IMITED PARTNERSHIP October 14, 2008 ROBERT C. ROYCE,-LIMITED PARTNER New Applicant's Certification: (Must be completed for all transfers of ownership) I, STEPHEN BURDT , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attach nts are not included, this application package will be returned as incofnpltn ;Ell BIRKDALL T�)LAN F A ATION, INC. Sionature: A +t Date: October 2008 Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-060608 Page 2 of 3 Name / Ownership Change Form Subject: Name / Ownership Change Form From: Steve Pusey <Steven.Pusey a ncmail.net> Date: Thu, 30 Oct 2008 11:51:30 -0400 To: sburdt <sburdt@beIISOuth.net>, Steve Hughes <jays28412 cJyahoo.com> Steve, Regarding the subject form, please just complete and sign the part with the New Owner information. I was wrong about it having to be notarized. Please disregard that part of our previous request. The form can be located on the DWQ website at the following link: http://h2o.enr.state.nc.us/su/documents/SWPermitOwnership-NameChangeForm080808.pdf Thanks, Steve Steve Pussy Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 I of 1 10/30/2008 4:17 PM [Fwd: Birkdale Slormwater Permit] Subject: [Fwd: Birkdale Stornwater Permit] From: Steve Pusey <Steven. Puseya ncmail.net> Date: Wed, 29 Oct 2008 17:32:38 -0400 To: sburdt <sburdt@bellsouth.net>, Steve Hughes <jays28412@yahoo.com> Dear Mr. Burdt: Please reference the forwarded e-mail below. We never received your completed Renewal Application Form, which has to be signed and notarized. Let me know if you need a blank copy to fill out. They are located on the DWQ website. Also, please note that we are revising page 3 of the O&M Agreement to match the previous 0&M Agreement specifications. This page includes the pond sectional diagram with cleanout depths. Regards, Steve Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 Subject: Birkdale Stormwater Permit From: Steve Pusey <Stevcn.Pusey@ncmail.net> Date: Thu, 16 Oct 2008 15:46:31 -0400 To: sburdt <sburdt@bellsouth.net> Steve, Hello. I hope you are doing well. Thank you for the submittal of a Wet Detention Basin O&M Agreement. We have put this into our files. I just wanted to remind you that we also need a completed Change of Ownership form. I hope you can put this in the mail soon. Let me know if you have any questions. I will be out next week but returning Oct. 27. Best regards, Steve Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 I of 2 10/29/2008 5:32 PM FW: Stormwater Permit - Birkdale Subject: FW: Stormwater Permit - Birkdale From: "Sandy Slocum" <sandyslocum@landfall.org> Date: Mon, 6 Oct 2008 15:31:18 -0400 To: "'Steve Posey"' <Steven.Pusey@ncmai1.net> CC: "'Mark Johnson"' <mark@markjohnsoncustomhomes.com>, "'sburdt"' <sburdt@bellsouth.net>, <stevehughes@Iand fall.org> Mr. Pussy, Declaration of Covenants, Conditions and Restrictions for Birkdale at Landfall were recorded in Book 2072 Page 0034 on August 15, 1996 in the New Hanover County Registry. Please let me know if this is what you were referring to and I will be happy to forward a copy to you. If that is not what you are looking for, please let me know as well. Thank you, Sandy Slocum -----Original Message ----- From: sburdt [mailto:sburdt@bellsouth.net] Sent: Monday, October 06, 2008 2:57 PM To: Mark Johnson; Steve Pusey; Steve Hughes; Sandy Slocum Subject: Re: Stormwater Permit - Birkdale To All, Sandy, Please see below ---I believe we know there is a deed question ---Fred Smith/Mark Johnson have not conveyed such a document based upon our research ---- So, based upon our last meeting we should probably inform the declarants? Please, let me know, Steve Burdt ----- Original Message ----- From: "Mark Johnson" <mark@markjohnsoncustomhomes.com> To: "Steve Pusey" <Steven.Pusey@ncmail.net>; "sburdt" <sburdtebellsouth.net>; "Steve Hughes" <jays28412®yahoo.com> Sent: Monday, October 06, 2008 12:13 PM Subject: RE: Stormwater Permit - Birkdale I don't think that involves me but please let me know if it does. thx ........................ Mark Johnson 910.208.9150 o 910.256.9356 f www.MarkJohnsonCustomHomes.com -----Original Message ----- From: Steve Pusey[mailto:Steven.Pusey®ncmail.net] Sent: Monday, October 06, 2008 11:54 AM To: sburdt; Steve Hughes; Mark Johnson Subject: Stormwater Permit - Birkdale Gentlemen, I enjoyed meeting you last Friday. Thanks for your cooperation in bringing the pond into compliance, and for your responsibility in changing the Ownership status. One thing that I failed to mention in our meeting is the requirement of I of 2 10/9/2008 4:00 PM Re: Addition.) Info Req'd for Birkdale at Landfall Stormwater Permi... Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal From: Steve Pusey <Steven.Pusey@ncmail.net> Date: Tue, 30 Sep 2008 09:57:52 -0400 To: sburdt <sburdt@bellsouth.net> CC: Mark Johnson <mark@markjohnsoncustomhomes.com>, Steve Hughes <jays28412 a yahoo.com>, sandyslocum@landfall.org, Georgette Scott <Georgette.Scott@ncmai1.net>, bachman2221@bellsouth.net Mr. Burdt: Thanks. That is great news! I can schedule an inspection for this Friday. Please let me know whether morning or afternoon would be better for you. Regards, Steve Pusey sburdt wrote: Dear Mr. Pusey, We are ready for your re -inspection! I have confirmed with Steve Hughes that all findings have been addressed and he believes all the issue are solved. We would appreciate knowing when you can schedule the inspection so the principals ( Hughes, Johnson and Bachman) can be there. Best Regards, Steve Burdt ----- Original Message ----- From: Steve Pusev To: sburdt Cc: Mark Johnson ; Steve Hughes ; sandvslocum(a)landfall.org ; Austin, Jake ; fls3 a()fredsmithcompanv.com ; Georgette Scott Sent: Thursday, September 04, 2008 4:15 PM Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal Dear Mr. Burdt: The ownership of the Stormwater Permit needs to be granted to Birkdale at Landfall Association, Inc. (Birkdale I-IOA) so that the Operation & Maintenance Agreement can be carried out in the future. As discussed previously, the first step in this process is to bring the pond into compliance. I feel confident that, between the HOA, Mark Johnson, Fred Smith Co., and Landfall Property Owners Association, you all can come to an agreement on sharing costs in order to bring the pond into compliance. Please give me a call to discuss details of what repairs have been made and what is left to accomplish. I will be glad to meet with you at the site if necessary. After the pond is in compliance, based on our next inspection, we will grant the new permit. I of 4 9/30/2008 9:59 AM Re: Additional Info Req'd for Birkdale at landfall Storinwater Perini... I look forward to hearing back from you soon. If I don't hear anything, I will call you next week to follow up. Best regards, Steve Pusey Surface Water Protection NC D) NR - Division of Water Quality sburdt wrote: Mark, I, too, have talked with Steve Pusey and feel that since the state goes to the document u executed in January 08 1 have asked where is the acceptance of ownership by the Birkdale HOA---and, what is the premise upon which u could execute the documentation in the first: place if u did not have ownership. If u ,or anybody, could help with this conundrum I and the Birkdale HOA would be appreciative. Steve ----- Original Message ---- From: Mark Johnson To: Steve Pusey Cc: Austin, Jake ; Rhonda Hall ; L3@fredsmithcompany.com ; sburdt; Steve Hughes ; sandyslocum(a)landfall.org Sent: Tuesday, August 26, 2008 3:28 PM Subject: RE: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal To all, Steve Pusey and I just spoke and it turns out I have no ownership nor does Fred Smith Company in getting the pond re -permitted. Mr Pusey is going to contact Steve Burch directly as it sounds like all that needs to happen now is a transfer of ownership from the current owner to Birkdale HOA. There may be some items physically related to the pond's compliance that the current owner may need to address. I've attached the last inspection by DENR. Please don't hesitate to contact me if you have any questions. "Thank you, Mark ........................ Mark Johnson 910.443.5422 m 910.256.9356 f www.Marklc)hiisoiaCustomHonies.com From: Steve Posey[mailto:Steven. Pusey@ncmaii.net] Sent: Wednesday, July 30, 2008 11:26 AM To: Mark Johnson Cc: Austin, Jake; Rhonda Hall; fis3@fredsmithcompany.com; sburdt; Steve Hughes; sandysiocum@landfall.org Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal FYI, The last Owner of record was Birkdale Limited Partnership. The Agent name for this company was Colony Coast Contractors, Inc., 1916 Inverness Lane, Wilmington, NC 28405. 2 of 4 9/30/2008 9:59 AM Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permi... Regards, Steve Pusey Mark Johnson wrote: Jake, I will call you later today to discuss this with you. 1 think that Fred Smith Company is the owner of the Birkdale pond and will need to get involved in the transfer of ownership. See below for more information please. Thx, Mark ........................ Mark Johnson 910.443.5422 in 910.256.9356 f www.MarkJohnsojiCtistoml-loines..com -----Original Message----- Fronm: Steve Pusey [mailto:Steven.Pusey(@ncmai1.tie t] Sent: Monday, Judy 28, 2008 9:53 AM To: Mark Johnson Cc: Rhonda Hall Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal FYI, the stonnwater system at Birkdale will probably be inspected this week to make sure everything is in working order. 'thanks, Steve > -----Original Message----- • From: Steve Posey [mailto:Steven.Puseypiicmail.net] > Sent: Tuesday, July 22, 2008 4:41 PM > To: Mark Johnson > Subject Additional Info Req'd for Birkdale at Landfall Stormwater > Permit Renewal > Dear Mark: > Thank you for discussing the subject permit renewal application with me > today. After much investigation, we have concluded that the following > items are needed to continue the permit renewal process. > 1. Registered Deed from New Hanover County and /or other documentation > providing proof of ownership by Mark Johnson, current Permittee. > 2. Deed Restriction document for Birkdale Subdivision from New Hanover > County > 3. "Name/ Ownership Change Form" completed and signed by Current > Permittee and New Permittee, Steve Burdt - President, Birkdale > Homeowners Association > 4. Legal documentation of the transfer of ownership to the new > Penmittee. > Please reference the link to the "Name/ Ownership Change Form" below: > http:/flm2o.enr.state.nc.us/su/documents/SWPermitOwnership-NammmeChanQeFomm 3 of 4 9/30/2008 9:59 AM Re: Additional Info Req'd for Dirkdale at Landfall Stormwater Permi... > 060608.pdf > The approval of this request will be considered on its merits and may or > may not be approved. The permittee is responsible for compliance with > all permit conditions until such time as the Division approves the > transfer request. > We hope you find this letter requesting additional information > complete. However, please don't hesitate to call if you should have any > questions. > Regards, > Steve Pusey > Environmental Engineer > SWI' Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 4 of 4 9/30/2008 9:59 AM ✓v �c� Z (�S lC) Z� P� MM THE JOHN R. McADAMS COMPANY INC. CONSULTING ENGINEERS POST OFFICE BOX 14005 RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709 (919) 361-5000 FAX (919) 361-2269 J SEP Z.5 1ggF --------------------- LETTER OF TRANSMITTAL ......-_-.__ To: Linda Lewis Date: September 24, 1996 DEM - Wilmington ** FEDERAL EXPRESS ** Re: Birkdale at Landfall Job No: I am sending you the following item(s): GBT-95000 COPIES DATE NO. DESCRIPTION 2 Sheets 2, 3, 10 These are transmitted as checked below: — As requested X — For approval — For review and comment Remarks: These revisions show — For your use at Gunston Lane in original position, and revised Forebay Berm location. Please re -issue permit based on these plans as discussed earlier. Feel free to call with any questions. Copy to: Ken Gebert Signed: m oS LJ�cu.la ��Q R Amos Clark, EITT� Asst. Project Manager Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permi... Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal From: "Mark Johnson" <mark@markjohnsoncustomhomes.com> Date: Mon, 15 Sep 2008 09:08:10 -0700 To: Steven.Pusey@ncmail.net, sburdt@bellsouth.net CC: jays28412@yahoo.com, san(lyslocum@landfall.org Steve Hughes and I just spoke. He is waiting for a letter from the engineer confirming the forebay. They are moving the fountain and a few other things that should be completed in the next few days. Steve Hughes, please correct me if I've mispoken here. Thx, mark Mark Johnson 910.443.5422 m 910.256.9356 f From: Steve Pusey To: sburdt Cc: Mark Johnson; Steve Hughes ; sandyslocum@landfall.org Sent: Mon Sep 15 08:48:49 2008 Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal Dear Mr. Burch: I am sending this e-mail to check the status on correcting the deticiencies at the pond site and the possibility of setting up a meeting at the site. Please advise a potential timeline for these actions. Much thanks, Steve Pusey sburdt wrote: Steve Pusey, My VP and I met with the Landfall COA on 9/3/08 and discussed the progress toward meeting your inspection items. Steve Hughes reported that Mark Johnson is continuing to correct the deficiencies and is on plan to meet the 30 day time line. Once the pond is brought into compliance we feel we could execute the necessary document to achieve and sustain NC DENR DWQ certification. We appreciate your interest and helpfulness and will keep you informed. The Birkdale board will meet again on 9/10/08 and we will provide you and others feedback. Possibly, if needed, we could meet then. Respectfully, Steve Burdt ----- Original Message ----- From: Steve Pusev To: sburdt Cc: Mark Johnson ; Steve Hughes ; sandyslocumCa-)landfall.org ; Austin, Jake ; fjs3(a fredsmithcompany.com ; Georgette Scott I of 5 9/17/2008 9:40 AM Re: AdQionti Info Req'd for Birkdale at Landfall Stormwater Permi... Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal From: "sburdt" <sburdt@bellsouth.net> Date: Wed, 27 Aug 2008 10:11:58 -0400 To: "Mark Johnson" <mark@markjohnsoncustomhomes.com>, "Steve Pusey" <Steven.Pusey@ncmail.net>, <bachman2221 @bellsouth.net> CC: "Austin, Jake" <jaustin@fredsmithcompany.com>, "Rhonda Hall" <Rhonda.Hal I@ncmail.net>, <fJs3@fredsmithcompany.com>, "Steve Hughes" <jays28412@yahoo.com>, <sandyslocum@land fall. org> Mark, I, too, have talked with Steve Pusey and feel that since the state goes to the document u executed in January 08 1 have asked where is the acceptance of ownership by the Birkdale HOA---and, what is the premise upon which u could execute the documentation in the first place if u did not have ownership. If u ,or anybody, could help with this conundrum I and the Birkdale HOA would be appreciative. Steve ----- Original Message ----- From: Mark Johnson To: Steve Pusey Cc: Austin, Jake ; Rhonda Hall ; fls3(a).fredsmithcompany.com ; sburdt ; Steve Hughes ; sandyslocum(a)landfall.org Sent: Tuesday, August 26, 2008 3:28 PM Subject: RE: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal "ro all, Steve Posey and I just spoke and it turns out I have no ownership nor does Fred Smith Company in getting the pond re -permitted. Mr Pusey is going to contact Steve Burdt directly as it sounds like all that needs to happen now is a transfer of ownership from the current owner to Birkdale HOA. There may be some items physically related to the pond's compliance that the current owner may need to address. I've attached the last inspection by DENR. Please don't hesitate to contact me if you have any questions. Thank you, Mark ........................ Mark Johnson 910.443.5422 in 910.256.935E f vvww.Dla rk I ohnsonCustomi-Iomes.com From: Steve Pusey[mailto:Steven.Pusey@ncmail.net] Sent: Wednesday, July 30, 2008 11:26 AM To: Mark Johnson Cc: Austin, Jake; Rhonda Hall; fjs3@fredsmithcompany.com; sburdt; Steve Hughes; sandyslocum@landfall.org Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal I of 3 8/27/2008 3:40 PM Re: Addtioncl Info Req'd for Birkdale at Landfall Stormwater Permi... FYI, 'rhe last Owner of record was Birkdale Limited Partnership. The Agent name for this company was Colony Coast Contractors, Inc., 1916 Inverness Lane, Wilmington, NC 28405. Regards, Steve Pusey Mark Johnson wrote: Jake, I will call you later today to discuss this with you. I think that Fred Smith Company is the owner of the Birkdale pond and will need to get involved in the transfer of ownership. See below for more information please. Thx, Mark ........................ Mark Johnson 910.443.5422 m 910.256.9356 f www. M arkJ ohnsonC ustoml-lomes..com -----Original Message ----- From: Steve Pusey [mai Ito: Steven. Pusey ricinail.net] Sent: Monday, July 28, 2008 9:53 AM To: Mark Johnson Cc: Rhonda Hall Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal FYI, the stormwater system at Birkdale will probably be inspected this week to make sure everything is in working order. Thanks, Steve > -----Original Message ----- > From: Steve Pusey [mailto: Steven. Puseyt7ncmail.netj > Sent: Tuesday, July 22, 2008 4:41 PM > To: Mark Johnson > Subject: Additional Info Req'd for Birkdale at Landfall Stormwater > Permit Renewal > Dear Mark: > Thank you for discussing the subject permit renewal application with me > today. After much investigation, we have concluded that the following > items are needed to continue the permit renewal process. > I. Registered Deed from New Hanover County and /or other documentation > providing proof of ownership by Mark Johnson, current Permittee. > 2. Deed Restriction document for Birkdale Subdivision from New Hanover > County 2 of 3 8/27/2008 3:40 PM Re: Addition:: Info Req'd for Birkdale at Landfall Stormwater Permi... > 3. "Name/ Ownership Change Form" completed and signed by Current > Permittee and New Permittee, Steve Burdt - President, Birkdale > Homeowners Association > 4. Legal documentation of the transfer of ownership to the new > Permittee. > Please reference the link to the "Name/ Ownership Change Form" below: > http://h2o.enr.state.nc.us/su/documents/SWPemiitOwnership-NameC]iangeForm > 060608.pdf > The approval of this request will be considered on its merits and may or > may not be approved. The permittee is responsible for compliance with > all permit conditions until such time as the Division approves the > transfer request. > We hope you find this letter requesting additional information > complete. However, please don't hesitate to call if you should have any > questions. > Regards, > Steve Posey > Environmental Engineer >SWP Steve Posey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 3 of 3 8/27/2008 3:40 PM about:blank Dear Mr. Burdt: The ownership of the Stormwater Permit needs to be granted to Birkdale at Landfall Association. Inc. (Birkdale HOA) so that the Operation & Maintenance Agreement can be carried out in the future. As discussed previously, the first step in this process is to bring the pond into compliance. I feel confident that, between the HOA, Mark Johnson, Fred Smith Co., and Landfall Property Owners Association, you all can come to an agreement on sharing costs in order to bring the pond into compliance. Please give me a call to discuss details of what repairs have been made and what is left to accomplish. I will be glad to meet with you at the site if necessary. After the pond is in compliance, we will grant the new permit. �6.�...► s-.. e...._ n+-ut- I look forward to hearing back from you soon. If I don't hear anything, I will call you next week to follow tip. Best regards, Steve Pusey Surface Water Protection NC DENR - Division of Water Quality sburdt wrote: Mark, I, too, have talked with Steve Pusey and feel that since the state goes to the document u executed in January 08 1 have asked where is the acceptance of ownership by the Birkdale HOA---and, what is the premise upon which u could execute the documentation in the first place if u did not have ownership. If u ,or anybody, could help with this conundrum I and the Birkdale HOA would be appreciative. Steve ----- Original Message ----- From: Mark Johnson To: Steve Pusev Cc: Austin, Jake ; Rhonda Hall ; fis3(a)fredsmithcompany.com ; sburdt ; Steve Hughes ; sandyslocumalandfall.org Sent: Tuesday, August 26, 2008 3:28 PM Subject: RE: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal To all, Steve Pusey and I just spoke and it turns out I have no ownership nor does Fred Smith Company in getting the pond re -permitted. Mr Pusey is going to contact Steve Burdt directly as it sounds like all that needs to happen now is a transfer ofownership from the current owner to Birkdale HOA. There may be some items physically related to the pond's compliance that the current owner may need to address. I've attached the last inspection by I)ENR. Please don't hesitate to contact me if you have any questions. Thank you, Mark I of 4 9/4/2008 2:19 PM North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 2762"622 (919)007-2000 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 8213 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start. An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 8/26/2008 Click here to: View Document Filings i Sign Up for E-Notifications i Corporation Names Name Name Type NC BIRKDALE Legal HOMEOWNERS ASSOCIATION, INC. Non -Profit Corporation Information SOSID: 0399153 Status: Current -Active Date Formed: 6/17/1996 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Pappas, Peter a Registered Office Rotunda Suite 175 Address: 4201 Congress Street Charlotte NC 28209 Registered Mailing Rotunda Suite 175 Address: 4201 Congress Street Charlotte NC 28209 - Principal Office Address: No Address Principal Mailing Rotunda Suite 175 Address: 4201 Congress Street Charlotte NC 28209 htip://www.secretary.slate.nc.us/corporations/Corp.aspx?Pitemld=4719689 8/26/2008 WhitePages. coin - Online Directory Assistance Page 1 of 1 WhitePagesxom`" scorch. find. connect. Listing Detail 1ff Stephen R Burdt 2000 Kenilworth Ln Wilmington, NC 28405 (910)256-5895 Copyright m 1996-2008 VvhitePeges.com. All rights reserved. Privacy Policy • Leoal Notice and Ted under which this service is provided to you. Microsoft MepPoint Terms of Use and Privacy Statement. http://www. wliitepages.comlvi rtll/map?firstname=Steplien+l2&country=US&state=NC&la... 8/26/2009 North Carolina Secretary of State Page I of I North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY of STATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS 8. LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 8/2612008 Click here to: View Document Filings I Sign Up for E-Notifications I Corporation Names Name Name Type NC Landfall Property Legal Owners Association, Inc. Non -Profit Corporation Information SOSID: 0083248 Status: Current -Active Date Formed: 8/20/1973 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Gilbert, William S 1801 Eastwood Road Wilmington NC 28405 1801 Eastwood Road Wilmington NC 28405 No Address 2011 Pembroke Jones Rd Wilmington NC 28405-4303 littp://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4907889 8/26/2008 I i - jr ey IMS ell --- -= I_ _- en-� M `1l-� �t c LS 4vn„ �o n..�S . c --� - -- - ® -Q P-S_�rLCl-to tl--s CoNoJ LG,dO-(-4 Re: Additional Into Req'd for Birkdale at Landfall Stormwater Peron... Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal From: Steve Pusey <Steven.Pusey@ncmai1.net> Date: Wed, 30 Jul 2008 11:25:43 -0400 To: Mark Johnson <mark@markjohnsoncustomhomes.com> CC: "Austin, Jake" <jaustin@fredsmithcompany.com>, Rhonda Hall <Rhonda.Hall a ncmail.net>, fjs3 rt fredsmithcompany.com, sburdt <sburdt@bellsouth.net>, Steve Hughes <jays28412@yahoo.com>, sandyslocum@landfall.org FYI, The last Owner of record was Birkdale Limited Partnership. The Agent name for this company was Colony Coast Contractors, Inc., 1916 Inverness Lane, Wilmington, NC 28405. Regards, Steve Pusey Mark Johnson wrote: Jake, I will call you later today to discuss this with you. I think that Fred Smith Company is the owner of the Birkdale pond and will need to get involved in the transfer of ownership. See below for more information please. Thx, Mark ........................ Mark Johnson 910.443.5422 at 910.256.9356 f www.MarkJ ohnsonCustom H omes.com -----Original Message ----- From: Steve Posey[mailto:Steven.Puseynncmail.net] Sent: Monday, July 28, 2008 9:53 AM To: Mark Johnson Cc: Rhonda Hall Subject: Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permit Renewal FYI, the stormwater system at Birkdale will probably be inspected this week to make sure everything is in working order. Thanks, Steve > -----Original Message----- • From: Steve Posey [mai l to:Sleyen. Posey C(,nCmal 1. net] > Seot:'I'uesday, July 22, 2008 4:41 PM > To: Mark Johnson > Subject: Additional Info Req'd for Birkdale at Landfall Stormwater I of 3 7/30/2008 11:26 AM Re: Additional Info Req'd for Birkdale at Landfall Stormwater Permi... > Pennit Renewal > Dear Mark: > Thank you for discussing the subject permit renewal application with me > today. After much investigation, we have concluded that the following > items are needed to continue the permit renewal process. > I. Registered Deed from New Hanover County and /or other documentation > providing proof of ownership by Mark Johnson, current Permittee. > 2. Deed Restriction document for Birkdale Subdivision from New Hanover > County > 3. "Name/ Ownership Change Form" completed and signed by Current > Permiltee and New Permittee, Steve Burdt - President, Birkdale > Homeowners Association > 4. Legal documentation of the transfer of ownership to the new > Pemtittee. > Please reference the link to the "Name/ Ownership Change Form" below: > htgr/Ai2o.enr.state.nc.us/su/documents/SWPennitOwnership-NameChangeFomi > 060608.pdf > The approval of this request will be considered on its merits and may or > may not be approved. The permittee is responsible for compliance with > all permit conditions until such time as the Division approves the > transfer request. > We hope you find this letter requesting additional information > complete. However, please don't hesitate to call if you should have any > questions. > Regards, > Steve Pusey > Environmental Engineer >SWP Steve Posey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 2 of 3 7/30/2008 11:26 AM Page 1 of I North Carolina Secretary of State / V North Carolina Elaine F. Marshall DEPARTMENTOF THE Secretary SECRETARY OF STATE PO Box 29622 Rel6gh, NC 2762"622 (919)807-2000 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LIlmma O KBBE 8213 Annual Reports SOSID Number Correction 2001. Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 7/22/2008 Click here to: View Document Filings I Sign Up for E-Notifications I Corporation Names Name Name Type NC Birkdale Limited Legal Partnership NC Wentworth Village Prev Legal Limited Partnership Limited Partnerships Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address Principal Mailing Address: 0950660 Current -Active 8/10/1995 Domestic NC Dec 31 2025 12:OOAM Colony Coast Contractors, Inc. 1916 Inverness Lane Wilmington NC 28405 1916 Inverness Lane Wilmington NC 28405 No Address No Address littp://www.secretary.state.nc.us/corporations/Corp.aspx?PiteniId=155627 7/22/2008 -North Carolina Secretary of State CORPORATIONS Page 1 of 1 5�4-e se tiro + North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 7/22/2008 Click here to: View Document Filings I Sign Up for E-Notifications I Corporation Names Name Name Type NC BIRKDALE AT Legal LANDFALL ASSOCIATION, INC. Non -Profit Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0500494 Current -Active 7/20/1999 Domestic NC Perpetual Office Discontinued ��? No Addre 2018 Kenilworth Lane New Hanover County Wilmington NC 28405 http://www.sccretary.state.ilc.us/corporations/Corp.aspx?Pitemld=4769325 7/22/2008 (`200723600147 STATEMENT OF RESIGNATION OF REGISTERED AGENT OF BIRKDALE AT LANDFALL ASSOCIATION, INC. SOSIDr 0500494 Dale Filed: 8/27/2007 11:49:00 AM Effective: 9/27/2007 Elaine F. Marshall North Carolina Secretan' of State C200723600147 Notice hereby is given that W. Daniel Martin, III, the undersigned, hereby resigns as the registered agent of Birkdale at Landfall Association, Inc. The street address of the registered office of Birkdale at Landfall Association, Inc., which is located at University Corporate Center, 127 Racine Drive, Wilmington, New Hanover County, North Carolina 28403 and the mailing address of the registered office of Birkdale at Landfall Association, Inc., which is located at PO Box 7068, Wilmington, New Hanover County, North Carolina 28406, hereby also are discontinued. The undersigned certifies that written notice of this resignation has been mailed or delivered to the President of the entity, at the entity's last known address of 2018 Kenilworth Lane, Wilmington, North Carolina 28405. This the 21st day of August, 2007. W. Daniel Martin, III, Registered Agent Prepared by and return to: W. Daniel Martin, III For the firm of Ward and Smith, P.A. University Corporate Center 127 Racine Drive PO Box 7068 Wilmington, NC 28406-7068 Telephone: (910) 794-4800 Facsimile: (910) 794-4877 W LMAIN\ 167001 \1 �! Co(re-cAo -) W/ �o✓ eAo Additional Info Req'd for Birkdale at Landfall Stormwater Permit R... Subject: Additional Info Req'd for Birkdale at Landfall Stomiwater Permit Renewal From: Steve Pusey <Steven.Pusey@ncmail.net> Date: Tue, 22 Jul 2008 16:41:12 -0400 Pk : vy;-5m To: mark@markjohnsoncustomhomes.com Dear Mark: Thank you for discussing the subject permit renewal application with me today. After much investigation, we have concluded that the following items are needed to continue the permit renewal process. 1. Registered Deed from New Hanover County and /or other documentation providing proof of ownership by Mark Johnson, current Permittee. 2. Deed Restriction document for Birkdale Subdivision from New Hanover County 3. "Name/ Ownership Change Form" completed and signed by Current Permittee and New Permittee, Steve Burdt - President, Birkdale Homeowners Association 4. Legal documentation of the transfer of ownership to the new Permittee. Please reference the link to the "Name/ Ownership Change Form" below: http://h2o.enr.state.nc.us/su/documents/SWPermitOwnership-NameChangeFormO6O6O8.pdf The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. We hope you find this letter requesting additional information complete. However, please don't hesitate to call if you should have any questions. Regards, Steve Pusey Environmental Engineer SWP Steve Pusey Environmental Engineer NCDENR - Division of Water Quality Wilmington Regional Office 910-796-7334 I of 1 7/22/2008 4:41 PM TRII'P ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 July 14, 2008 NCDENR Division of Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Pat Durrett Re: Birkdale at Landfall Permit No. SW8 951020 New Hanover County, NC 'PI's 08010 Dear Pat: Per your phone call, please find enclosed the original stormwater certification and operation and maintenance agreement for the above referenced project to complete the permit renewal process. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, QhiEn incerin , P.C. ipp, PGT:dcb I?nc. It TE 08010 State Stormwater Management Systems Permit No. SW8 951020 Birkdale at Landfall Stormwater Project No. SW8 951020 New Hanover County Engineer's Certification I, Phillip G. Tripp , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (period ically/weeklyEfatt time) the construction of the project, Birkdale at Landfall (Project) for Mark Johnson (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 specifications: Signature Registration Number Date I,N11111S1EAL SN CAj�y RIf1011 �pFESS!ice% SEAT. 17374 - �Qa 'GINE:•'.����� �REGOR����`�. 411111 N ��� State Stormwater Management Systems Permit No. SW8 951020 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. � 4. All roof drains are located such that the runoff is directed into the system. -D,5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. tj2- 7. Trash rack is provided on the outlet/bypass structure. 8. all slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. �11. The permitted amounts of surface area and/or volume have been provided. R-12. Required drawdown devices are correctly sized per the approved plans. IPA 13. All required design depths are provided. Z_14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. OF W A irF9 ,yam^Y,Q7 > Vwv` 1 O Y December 6, 2007 Mr. Mark Johnson Birkdale a Landfall 1911 Prestwick Lane Wilmington, NC 28405 Subject: Request for A(lditional 6d'ormation Stormwater Permit No. SW8 951020 Birkdale a Landfall New Hanover County Dear Mr. Johnson: Michael F. Easley, Governm William G. Ross Jr., Secretary North Carolina Department of rrivironment and Natural Resources cot) 4! Coleen 11. Sullins Director Division of Water Quality ]E =B1VEI:) BY: JUN 3 0 2008 The Wilmington Regional Office received a Stormwater Management Permit Renewal Application for Birkdale a Landfall on 12/5/07. A preliminary review of that information has determined that the application is not complete. Only the following checked information is needed to continue the stornnwater review: ❑ Permit Renewal Application. Original signatures must be on the permit renewal application. The application received by this office appears to be a copy. ❑ Operation and Maintenance Agreement. Original signatures must be on the operation and maintenance agreement. The operation and maintenance agreement received by this office s ppears to be a copy. ® V\�1A signed Operation and Maintenance Agreement. An Operation and Maintenance Agreement Form is attached for your convenience. ❑ Name/Ownership Change Form. The enclosed Name/Ownership Change Form which you submitted as a part of the Stormwater Management Permit Renewal Application Package nu.lst be signed by both the Current Owner and the New Owner. The application you submitted was only signed by the CURRL'NT OR NEW OWNER. ® Designer's Certification. This office has not received a Designer's Certification for the Stormwater Management System associated with your facility. Systems that are certified on or after the date of this letter will need to have the original signature of the certifying person. A Designer's Certification Form is attached for your convenience. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior tol2/28/07. If you need additional time to submit the information, please mail or fax your request for a tine extension to the Division at the address an(] fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised are enclosed. All original documents must be returned or new originals must be oe, provided. Copies are not acceptable. IN 1hCarolina X111 turnlly North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wihnington Regional Office Internet: www.ncviaterauah'tv.,ak Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper You should be aware that failure to provide the requested information and the operation of a stormwater treatment facility without a valid permit are violations of NC General Statute 143-215-1 and may result in appropriate enforcement action including the assessment of civil penalties. if you have any questions concerning this matter please feel free to call me at (910) 796-7215. Sincerely yours,����� (�-�"_' Rhonda Hall Environmental Engineer EN13/rbh: S:\WQS\S"rORMWA,rER\RENEWALS\ADDINI�'0\2007\SW8951020 cc: Rhonda Hall Wilmington Regional Office STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION ,,��jj SWP DATElrIME NAME /ir%��L �/��� `5� REPRESENTING 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 p.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. charge for 25 or less copies. 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 COUNTY 4. 5. �1 irk ,��6nSo �' l �' 93)0 67 b r a Signature/Name of Firm or Business Dat Time In Time Out (Please attach business card to form if available) # Copes: -5 Amt. Pd: New Hanover County Pagel of 2 PARID: R05111-016-010-000 BIRKDALE HOA Parcel All ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 700 ARBORETUM DR 316813.03,3896.000 700 ARBORETUM OR WILMINGTON 3545 H/O-Homeowners Common Area 952-Water Areas 0 R-20-RESIDENTIAL DISTRICT (1.75 ACRES) COMMON AREA/POND BLK 17A BIRKDALE AT LANDFALL WM BIRKDALE HOA WILMINGTON NC 28405 The data is from 2008 Sales !J6Sale QCCCPJgI'�e �r T3 ��`d�e Dale Sale Price Mee—�, Grantor le Book Page Key Y 15- BIRKDALEAT MARKJOHNSON 5269 504 429298 JAN- LANDFALLHOA CUSTOM HOMES INC 08 15- $0 BIRKDALE HOA BIRKDALE LIMITED 2072 0034 141565 AUG- PARTNERSHIP 96 02- $0 BIRKDALE LIMITED WENTWORTH VILLAGE 1983 0593 141564 FEB- PARTNERSHIP LTD PTNRP 96 25- $1,825,000 WENTWORTH LANDFALL ASSOCIATES 1918 0812 141563 AUG- VILLAGE LTD PTNRP 95 Sale Details El —of 4 Sale Dale 15-JAN-08 Sale Key 429298 Sale Price Grantee BIRKDALE AT LANDFALL HOA Grantor MARK JOHNSON CUSTOM HOMES INC Sale Source - Book 5269 Page 504 Sale Validity Q-Qualified Sale Type IMPROVED Sale Flag STEB Instrument # Instrument Type Quit Claim Deed Adj. Reason Adj. Price Adj. Amount http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R051 11-016-010-000&gsp=PROFIL... 8/26/2008 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME NAME IW I /X ✓U/14'SO REPRESENTING 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 p.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. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies: there is no charge for 25 or less copies. 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 COUNTY 1. X, .//L 61,e le t�F 2aw d6�� 2. / Signature/Name of Firm or Business Date Time In Time Out (Please attach business card to form if available) # Copes: ►rii#Ip e/ ". ,) of vmvj�, {,Ov wp j ; aaf L = ti,dDp abwafiN 2 �A fV Di/CP�.i Retention pond Services, Inc. 5pecfall2/ng In aft phaxo of Retenvon rand Mslnranance and Cleanup RETENTION POND MONTHLY MAINTENANCE AGREEMENT This agreement, dated December 11, 1988, is made between RETENTION POND SERVICES, INC. (RPS) and LANDFALL P.O.A. (CLIENT): Landfall P.O-A, (19 Ponde) Wilmington, NC Both'CLIENT and RPS agree to the following terms and conditions: 1. RPS will provide retention Pond management services on behalf of CLIENT from January 1, 1999 through December 31, 1999. 2. CLIENT agrees to pay RPS $2,200.00 per month ($1,870 per month If contract prepaid at initiation) for the term of this agreement for the services provided as shown on exhibit A. 3. RPS will invoice CLIENT on the first of each month and payment is due on receipt A one and one half (1.5%) percent per month late charge shall be added to any payment received later than thirty (30) days after the date of the Invoice_ 4. This agreement will automatically renew on anniversary date for a like period if terms, .conditions and fees do not change: RPS requires 60 days written notice if this agreement shall not renew prior to expiration. 6. This agreement may only be terminated for cause. RPS requires 30 days written notice of any cause client deems worthy of termination. RPS reserves the right to correct any cause as stated by client to continue this agreement in force, o. This agreement constitutes the entire agreement bf RrS and the CLIENT. I•lo Ora; Or written alternations of the terms contained herein shall be deemed valid unless made in writing and accepted by an authorized agent of RPS and the CLIENT. O-A t � � DATED DATED • �• 4010 Oleander Drive. 5ulta 6 • Wllmington, NC 28403 , 910.791.3600 • 988.791.3e00 • Fax 910.791.5491 9 'd MUON 'ON] SIHOH WOAD NOSNHOr Nffli WV99:l1 LOOT 10d'380 Retention Pomd 5mlceq, Inc. 5pxwflzing br dfl phowq of AquaSlo and Wetland Msltjrenancn BILL TO Landfall P.O.A, Accounting Dept. Invoice Blrkdale H.O.A. 1749 Drysdale Drive Wllmington, NC 28405 DATE INVOICEff F4,,/2007 24748 REP P.O. NO, TERMS PROJECT GHG Contract Due On Receipt Sirkdale DESCRIPTION OF SERVICE AMOUNT Monthly meintehance for April as per agreement. 110.00 Thank you foryour business. Total Due $110.00 Your finance charge is computed by a percentage rate of 1.50% per month, which Is an annual percentage rate of 18,00% applied P"m t5e3p • Wllmington, NC 28408 '• 910.313.6830 888.7913600 • Fax 910.313.6870 wwwretattlonpond9com L A V988'0N 'ON[ SINOH NOISNO NOSNHOf MH PNL9:11 LOOS 'OS'180 EXHIBIT A °'wide Provided i gder Retention Pond 5ervi'ces Monthly Maintenance Program (a) . 5erviceS Included; _.... ^ _ Urt"mited.ER00'"Ot.and all.labar pecessary_to-treat any-type_Ct.aquatiC�galefion anq.algae _ ... through spraying (includes all required aquatic herbicides and elgaecfdes). - • One minimum of one monthly visit to the pond to remove gash on the pond banks and inlon the water. • Monthly, quarterly, semi-annual, and annual pond Inspections and reports as required by North Carolina Code on StorMwatar Including depth Certifications as required. • Annual fail vegetation cutting and removal (thinning of trees at waters edge, cattails removed to less than As water surface area of pond, etc.), herbicides included to contain cattails to loss than water surface area. • Labor to stock biological Control measures including grass carp and insects (does not Include the cost to purchase carp or Insects). ' Labor required to dye ponds or fountains if applicable (does not include the cost to purchase dye). Unlimited consultation to projeowners on covered properties concerning retention ponds a ct nd drainage. (b) Services NOTIncluded; • Removal of trees that have fallen into ponds. • Cost of biological controls. • Repair of damaged piping and banks. • Repair and replacement of damaged trash racks. • The cost of pond dyes, • The. cutting of grass oh pond banks and inside fence enclosures. Cleanup of hurricane or tropical storm debris. - And any service hot Included in section (q) above, P. 01 TRANSACTION REPORT DEC-10-2007 MON 04:11 PM FOR: NCDENR 9103502004 SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP DEC-10 04:11 PM 92569356 28" 3 FAX TX OK 308 TOTAL 28S PAGES: 3 ------------ Norlh Carolina DepartmenNcE on t antl Nafur Michael F. Wilmington Regional Office al Resources Easlay, Governor (910) 796.7215 "I11 am G. Ross Jr., Seen. -Cary F-ax COVER SHEET Date:- /a-/ -07 rO:AAK doh co: `�ickdl I )may a /I Fax: Remar4c• T # pages From; Division 1 FkX #: 910-350-200a reC J" iz-s-o CURRENT PERMIT INF Stormwater Management Permit ur Permit Holder's Name: /2& Signing Official's Name (person legany re. - Mailing Address: 1%// city: '-✓/ I�..✓G Project Name: Location of Project (sweet address): Directions to Project (from /Oo ,✓/o o /%/ G"fET Wham G. Ross R., Seerewy North Cwourw 0.p4nmrnr of f-nrnwvnem and-Na[" Rtsowces Col= H Sulims. P.E. Dnrwr D,ru,un of Wtaff Qud,ry .A/ C, Zip: KZ 015 Go To r:.^-ID o!-' G�.t.✓r7�.✓ II. P€RMIT INFORMATION 1. Specify the type of storrnwater treatment (wer pond, mfieratan, me) -,--7?/-1 77 2� 2. List any changes (tram pro)act mar was orlginagy approvw. mach ammonai pages as neeaw). /✓� �� 3. Do you have a py/f the original Operation and Maintenance Agreement Yes, No — AppiicanVe Cer cation* 1, A Nn/SJ-fV certify that the information included on this permit renewal applicatia t pe y knowledge, correct, and complete. Date: Q 7 o Signature y� Submit diiiA completed form along wipt�ih ��,ppgq,lication fee of $420.00 and a copy of the designer'd ceaffloadon to the ad"Ift.li0ted� b sw�tnera� 13t.. 57n�_ /v7,u 7 Nonh Cwohna Drvaron of W arer Quw,ry 127 Cardwnl l)nve Exkrn = W rlmmgwn, NC 2W5 Pheu (910) 79&7215 CuAnmcr Savra Wr0ningron Reg,ond Office Inicrom wmn nc=2Lruud n om _ Fax (910)350-2004 14177-623s748 State Stormwater Management Systems permit number SW8 6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7 All components of the wet detention basin system Shall be maintained in good working order. 8. Remove all trees and heavy woody vegetation from the basins and dike walls (sideslopes) I acknowledge and agree by my signature below that I am responsible for the performance of the eight maintenance procedures listed above" I agree to notify DWQ of any problems with the system or prior to any changes to the systerr\or respons)dlle party. Print name -- Title Dwr Address Phone. 9/0 — Signature. Date' �Za� Note The legally responsible party �Stt��ould not be a homeowners association unless more than 50% of the lots have been sold and a reside�tt of the subdivision has been named the president I, l tw11t�.M� 6 f�LO AP - . a Notary Public for the State of %Ir h Ct o County of. ��v,5��i CJL _,do hereby certify that,l��[u - iLttiS6YL� _ personally appeared before me this al"day of sALA e -t— and acknowledge the due U execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, 001 ItfnI111seg Y� ` n✓ of IV ' SEAL My commission expires-n'1(t/) C—k q , 1S)ODR File \wgststormwatertpat'sinspecttoandmwet basin.doc fngu 2 ul'2 o�oF w a rF9o� C Y August 17, 2007 Birkdale At Landfall Association, Inc. Mr. W. Daniel Martin, III P. O. Box 7068 Wilmington, INC 28406 Subject:: Stormwater Permit No. SW8951020 Birkdale @ Landfall (formerly Wentworth) New Hanover County Dear Mr. Martin: Michael P, liasicy, Governor William G. Ross Jr., Secretary North Carolina Department orP.nvina ntenl and Natural Resources Coleen 11. Sullins Director Division ur Water Qualify The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8951020 to Colony Coast Contractors, GP, Wentworth Village LP for a High Density pond to serve Birkdale @ Landfall (formerly Wentworth) on 8/14/1996. This permit expired on 8/14/2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420,00, If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feet free to contact staff in the stormwater group at 910-796-7215. Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office Nooatah Carolina ,/A7rrlurally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Orrice Internet', v"vvv ncwutertluLl orb Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper North Carolina Secretary of State Page 1 of-1 North Carolina Elaine F. Marshall DEPARTMENT o1--1-1.1E Secretary :SECRETARY OF STATE CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports a �wiotr i wry KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999.Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site TOOLS Secretary of State Home Secretary of State Site Map Printable Page PO Box 20622 Raleigh, NC 27626-0622 (919)807-20110 Date: 8/17/2007 Click here to: View Document Filings I Corporation Names Name Name Type NC BIRKDALE AT LANDFALL ASSOCIATION, Legal INC. Non -Profit Corporation Information SOSID: 0500494 Status: Current -Active Date Formed: 7/20/1999 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Martin III, W Daniel Registered Office Address: University Corporate Clr 127 Racine Drive Wilmington NC 28403 Registered Mailing PO Box 7068 Address: Wilmington NC 28406 Principal Office Address: . No Address Principal Mailing Address: 2018 Kenilworth Lane New Hanover County Wilmington INC 28405 For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster. ht(I):/hvww.secretary.state.ne.Lis/corporations/Corp.aspr?Pitetnitl=4769325 8/17/2007 North Carolina Secretary ol'State Page I of I North Carolina Elaine F. Marshall CIEPARTMENT OFTll Secretary SECRETARYO STATE PO Box 29622 Raleigh, NC 27626-0622 (IIIM807-2000 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ lobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports; LINKS 8 LEGISLATION KBBE 626 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 8/17/2007 Click here to: View Document Filings i Print apre-populated Annual Report Form i Annual Report Count I File an Annual Report i Corporation Names Name Name Type NC K. GEBERT HOMES, INC. Legal NC COLONY COAST CONTRACTORS, INC. Prev Legal Business Corporation Information SOSID: Status: Date Formed Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address Principal Office Address: Principal Mailing Address: Stock 0369968 Admin. Dissolved 5/1911995 Domestic NC Perpetual Gebert, Kenton R 1916Inverness Lane Wilmington NC 28405 1916Inverness Lane Wilmington NC 28405 No Address 610 Gunston Ln Wilmington NC 28405-5317 Class Shares No Par Value COMMON 100000 Yes For questions or comments about the Secretary of State's web site, please send a -mail to Webmaster. Par Value N/A htlp://www.secretary.StatC.ne.LlslcorporationsICoi'p.aspx'?Pitanld=5020764 8/17/2007 1 T July 11, 2007 Mr. Ken Gebert, President Colony Coast Contractors, GP, Wentworth Village LP 1916 Inverness Lane Wilmington, NC 28405 Subject:: Stormwater Permit No. SW8951020 Birkdale @ Landfall (formerly Wentworth) New Hanover County Dear Mr. Gebert: Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Watcr Quality The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8951020 to Colony Coast Contractors, GP, Wentworth Village LP for a High Density pond to serve Birkdale @ Landfall (formerly Wentworth) on 8/14/1996. This permit expired on 8/14/2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Enclosures cc: Wilmington Regional Office North Carolina Division of Water Quality 127 Cardinal drive Extension Wilmington, NC 28403 Since 13.a.4� Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Internet: \1'\1'N_.ae WHternllll hll.flr& Phone (910) 796-7215 Fax (910)350-2004 one NorthCarolina Naturally An Equal OpportunitylAffrmative Action Employer — 50% Recycled110% Post Consumer Paper Gy & k� ?A . \b • < // aA NOTICE TO REGISTERED AGENT: Under KCG.5. Section 55-5.01. it is We duty of the registered agent to forward the certificate attached below to the corporation at it last known address. K. GEBERT HOMES, INC. (369968) 610 Gunton Ln Wilmington, NC 28405-5317 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE CERTIFICATE OF DISSOLUTION 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that K. GEBERT HOMES, INC. has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 55-14-21 for failure to file an annual report effective as of the date set forth hereunder. A corporation administratively dissolved under N.C.G.S. Section 55-14-21 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 55-14-22. This the 5tt' day of May, 2005. Elaine F. Marshall Secretary of State Page I of I Elaine F. Marshall Secretary Corporations *Corporations Home •Important Notice *Corporate Forms/Fees *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports *Verify Certification •Online Annual Reports Links •Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 •Corporations 1997 "Other Legislation Search *By Corporate Name *For New Corporation •By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division •Secretary of State's web site Print OPrintable Page North Carolina DEPARTMENT OFTHE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 7/21 /2005 Click here to: View Document Filings I %Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC CAPECOLONY Legal DEVELOPMENT, LLC Limited Liability Company Information SOSID: 0421033 FID: 562016618 Status: Current -Active Date Formed: 3/12/1997 Citizenship: Domestic State of Inc.: NC Duration: DEC 2025 Registered Agent Agent Name: Hortman, J Carroll Registered Office Address: 2019 Fairview Rd. Raleigh NC 27608 Registered Mailing Address: Principal Office Address: 2019 Fairview Rd. Raleigh NC 27608 Principal Mailing Address: 3700 Computer Drive Suite 220 Raleigh NC 27609 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary. state.nc. us/Corporations/Corp. aspx?Pitem Id=4585499 7/21/2005 Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE Corporations *Corporations Home •Important Notice *Corporate Forms/Fees •Corporations FAQ *Tobacco Manufacturers *Dissolution Reports •Non -Profit Reports *Verify Certification *Online Annual Reports Links •Secretary Of State Home •Register for E-Procurement •Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 *Corporations 1997 •Other Legislation Search •By Corporate Name *For New Corporation *By Registered Agent Online Orders •Start An Order ONew Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 5/27/2005 Click here to: View Document Filings i %Print apre-populated Annual Report Form i File an Annual Report i Corporation Names Name Name Type NC K. GEBERT HOMES, Legal INC. INC COLONY COAST Prev Legal CONTRACTORS, INC. Business Corporation Information SOSID: FID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Stock Class Shares COMMON 100000 0369968 561926620 Admin. Dissolved 5/19/1995 Domestic NC Perpetual Gebert, Kenton R 1916 Inverness Lane Wilmington NC 28405 1916 Inverness Lane Wilmington NC 28405 No Address 610 Gunston Ln Wilmington NC 28405-5317 No Par Value Par Value Yes N/A For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=5020764 5/27/2005