HomeMy WebLinkAboutSW8920504_Historical File_20121114Johnson, Kelly
From:
Chris Stephens [wcstephens@landmco.com]
Sent:
Wednesday, November 14, 2012 10:03 AM
To:
Johnson, Kelly; Scott, Georgette
Cc:
Cox, David
Subject:
RE: Meadowbrook Section II SW8 921108
Attachments:
DOC348.PDF; DOC346.PDF; DOC345.PDF; DOC344.PDF
Yep... I think there is a file missing somewhere. You might ask Linda Lewis if somehow she still has any
portions of that file. Anyway... attached is several items that indicate the transfer. We apparently had two
different presidents of that Association sign the O&M at different times ... ???... they are both attached.
I have no plans for the 92054 permit .... but I do have the permit issuance letter from Dave Adkins (September
25, 1992). That related to 17 lots... swale system I suppose because all of the 4 ponds are on the 921108
permit. I do read in those approved recorded covenants that stated the permits are transferred and assigned
to the Association for responsibility by way of the covenant itself.
Please review these items.
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov]
Sent: Wednesday, November 14, 2012 8:38 AM
To: Chris Stephens; Scott, Georgette
Cc: Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
Chris,
This confuses me a little as well. If you have a letter signed by Rick that the transfer went through, then evidently our
file is incomplete. I have attached my 2011 letter and its attachments. On page 4 of the 2011 letter's scan there is a
1997 letter from DWQ saying that we got some transfer paperwork, but that a signed O&M from the HOA was missing.
We also have the attached 1998 letter from Landmark referencing a 1998 submittal to DWQ. We do not have that 1998
submittal on file either. So, it appears that some things have been misplaced from the file over the years.
If you could scan and send the final transfer letter from Rick and the -1998 signed O&M from the HOA (if you have it)
and send that over, that would be great. We have the deed restrictions (also attached) and the PE Cert (from your
previous email). Do you have transfer information for Section I (SW8 920504) as well?
Sorry for the confusion over the paperwork. Hopefully we can get this sorted out fairly easily.
Thanks,
Kelly
From: Chris Stephens [mailto:wcstephens(alandmco.com]
Sent: Friday, November 09, 2012 9:02 AM
To: Scott, Georgette; Johnson, Kelly
Cc: Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
I have finally found the stormwater files for this project... thankfully.
I should bring this over for y'ali to look at... I find where it appears it was transferred and it was certified and the
Association accepted the transfer. The file does include Mr. Andrews, PE certification.. A letter from Rick
Shiver appears that the transfer was accepted?
Attached is the certification.
Mr. Tony Tomes was the HOA president at the time who accepted the transfer it appears. I see notes where
we had given them maintenance advise later about pond maintenance. Margaret Gray was the Landmark
Project manager at the time apparently.
This confuses me a little.
Chris
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Chris Stephens [mailto:wcstephensCallandmco.com]
Sent: Friday, November 09, 2012 8:25 AM
To: 'Scott, Georgette'; 'Johnson, Kelly'
Cc: 'Cox, David'
Subject: RE: Meadowbrook Section II SW8 921108
Do you have a renewal form that you could email me?
i think i have found the name of the current HOA president but I don't have contact information. Larry Sibbald
recorded a document in the register of deeds this year for the association as its president.
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Scott, Georgette [mailto:georgette.scottCc ncdenr.govl
Sent: Thursday, November 08, 2012 9:04 AM
To: Chris Stephens
Cc: Johnson, Kelly; Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
Chris,
It looks like this may take a little while to get everything straightened out. My main concern is that this permit
is about to expire. Let's get a renewal sent in for this first and then work through the issues to get it corrected
and transferred if necessary.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
)-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Stephens rmailto:wcstephens(&Iandmco.coml
Sent: Thursday, November 08, 2012 8:49 AM
To: Scott, Georgette
Cc: Johnson, Kelly; Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
Georgette/Kelly:
I'm sorry... I have weak information on this .... it was a little before my time as "anybody" around here. I see
from my last email response on this that I had found that Ward Andrews was the PE on this and he is now
deceased.
I think I got the needed deed restrictions to you .... I guess I need to contact that association and find out who
manages them now. I was looking for some advice on the engineering situation. Sherwin Cribb may have
some of Ward Andrews old information... I'll have to find out.
All in all I expect this can be resolved fairly easily as long as the Association is cooperative and reasonable. I
would be very surprised if the system was not installed certifiable.
We may need to go get a copy of your files ... that was an early 1990's project I think.
You may have missed my last email on this ... see below:
From: Chris Stephens fmailto:wcster)hensQ-) land mco. coml
Sent: Thursday, January 12, 2012 11:39 AM
To:'Chris Stephens; kelly.D.johnson _ncdenr.gov
Subject: RE: RE: Notice of Inspection, Meadowbrook, SW8 920504
Kelly:
I am back from vacation and working on getting caught up.
I had someone find the deed restrictions on record and they are attached. We still have not located the
stormwater file for this project in archives yet. So I am not sure what we may have on the certification.
Did you get my previous email?
Thanks,
Chris
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
From: Chris Stephensfmailto:wcstephens(a)landmco.coml
Sent: Tuesday, January 03, 2012 10:13 AM
To: 'kelly.p.johnson@ncdenr.gov'
Subject: RE: Notice of Inspection, Meadowbrook, SW8 920504
Kelly:
I was forwarded this letter/file regarding Meadowbrook Subdivision to address what I could with it. i don't know
much about that permit at this point until I can find the files. The previous staff that managed that project
(Bobby Harrelson/Jim Hunter) are no longer with this company. The engineer, Mr. Ward Andrews, is deceased
I am told.
I am still looking for the original development files on this project if they still exist. The deed restrictions are
recorded and i can get a copy of those ... I am not sure who may have assumed Mr. Andrews files. Have you
run into old projects designed by Mr. Andrews? I'm not sure who he engineered for but he did a lot of work
wherever Sherwin Cribb did the survey work. We didn't use Cribb much for surveying. I don't think Mr.
Andrews did any other work for us.
I am going to be out of town tomorrow until next Tuesday January 10th. I will get you the deed restrictions then
and try to figure out the whereabouts of the certification.
Thank you... Happy New Year!
Chris
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
W. Chris Stephens
Landmark companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
4
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Scott, Georgette fmailto:georgette.scott(dncdenr.govl
Sent: Wednesday, November 07, 2012 2:46 PM
To: Chris Stephens
Cc: Johnson, Kelly; Cox, David
Subject: Meadowbrook Section II SW8 921108
Importance: High
Chris,
You were sent two letters concerning this project. One was February 2011 and one in December 2011
concerning the Renewal of this permit. Plus there were a couple of other issues (i.e. transfer, maintenance).
Attached is the December 2011 letter. We have not received any responses from you on this permit and it is
now expired. If we do not here from you in the next week or two we will have to send you a notice of
violation.
Please address this letter as soon as possible. Send your response to Kelly Johnson.
Thank you.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Iaw and may be disclosed to third parties.
From:
To:
Landmark Developers, Inc.
5022 Wrightsville Avenue
PO Box 4127 (28406)
Wilmington, North Carolina 28403
919/392-7201
LETTER OF TRANSMITTAL
DATE: JOB NO:
ENTI
FE:
��
Ito
WE ARE SENDING YOU tacked Under Separate Cover Via the following items:
Shop Drawings C]Prints ��Plans ,Samples Specifications
Copy of Letter Change Order �1
Copies Description
Aq CJQLIA,�&
THESE ARE TRANSMITTED as checked below:
For Approval Approved as Submitted For Your Use
�Am Requested Review and Sign For Your Review & Comment
Q
REMARKS
l i r
C�
Approved as Noted
C�Returned for Corrections
'00
COPY TO:
Trammitw
SIGNED:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan a. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
O(O'l awo a 1;,,:
Tw"AL
r
IL
�EE FR
L Pormit boldees Subdivision
2. %7nifS signing of1"B Dame and title_ W. Christopher Stephens
%Person legally rasp DMIle for permit)
Interim President
(Tide)
3. Mailing addresP.O. Box 4121• Wilmington
s° -- `
Sin NC Zip Code.• -- : (910 ) 392-7201
L This request for a name dunge is a molt of:
,a Change in owneaabip of y
x
b. Name chaff only
_a Otter (please explain)!
2. New Ownes nam (name to Wput onpwaIL)= Meaddwbrook Homeowners Association Inc.
3. New owner's or sig&g omciars name and tills: Neil Gresham
President
2307 Sapling Circle WilmingtAW) NC
4. Mailing adds
State: NC Zp Code- 28405
�—_. -- _l'twne. f 91 a 1-�3.=,if)6L
-- - ,.... �... ,.. I «<u I ..,;. l u !�s5ee610 P . 03
PERMIT NAMEIOWNERsEy CHANGiz Eogm
THIS APPLICATION PACKAGE WILL NOT BE ACC17TZD BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITR THE SUBMITTAL.
I. This completed appIiadon
2- Pf0=,4A8 fee ufa 9046 (Mecb to be made payable to DE W4R) ' O O . d a
3. adoesof isd of the I I, , of ory p (such as a c;a MC4 dc4
CERTIFICATION. °Z BE COMPLETED AND SIGNED BY $O'$ THE CL-INT
PERMIT BOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification:
w. sLLK.LbLv ner bze ens 'ffHcAd=f0rn=f0wwft ` n pj ub=
mviewed and is of �ooi a►k . I undemtod that if of nquimd parts
in ibis appYicati are sttppoctiag $ad attachments ate not
ituludod, this li be as lets
SIg�raattu+e• � � �% �%�
Applicant's Certification:
I, Neil Gresham ) attm da ti1i� i a 11anlB�ol lip $C has bepti
and is axnrate aad aosapi�e to the best oI Ierstaad that if all requited
pm
Of this applicatfan ace not c:ompletcd aad that if all �pporting ' end attaehmeots aft not
iuciccded, this will be returned as �pka
Signatut+s°F'-1 ix !I° ft D�e�
nm COMFI,,ZIM APPLICATION PACKAM INMUDING ALL SE)PpoRM NO mNI RMATION
AND MATS, SHOULD BE SENT M TM PM.LOWI NG A,DDRWS:
North Carolina Division of Znvironmental Management
Water uoiit Section
........_ ■ w • WiW r aA • 7.Luaau[:xx4
� tatq-8fNO"b Camana
Jun 18 198 12:57
.9
,' s� 11�a�rat•Resource� , ,��
WOUMOCA Regional Office
des I'Ru t, Jr.; GonmorW. 41V
IMMOa' of •waiter •Quaff
EM"#MMMCWr AMb NMVRA6 IRMOM ARCM
Mr. Totty Tmes, Pmiderit
"Mpidowbrcoklb!n� Association
• �• ..�6iZ.SapNag Cirgk ..
W�NC 2WS
Subjext: , ' :Poni�it No: SW8 921108 .
i l esdovv 'ook 3ubdiirisioo, Phut I and H
Density Subdivision Storrnwster Project
Now Hanover County
Dew Mr. Tomes:
I.ho. ivilntkpn Rggmd Ofree nt ved the to. ' ' `' ' ova pit P nspant: trattsfor tist`� � ership of tire; Stbimwafier 11Kana� erntik
• ' 'Ispplloaiio�i tar I18t+iddwbs+oolc �itbdivisiam,�PSasdes I:aad Ii ee��i !y '19�8: � 3 �vvlew of the pans � apeci�#iratiogs Las.
. • •�detemtinedthattheptvject;asps+opos�willcoa�i�i!�It'tt��tonivv�er'R�sactln�in,Tille ISA'NC�C2II.l00D.
11�a' aro faa�ditag Peaa�ii �1®. 31]V8.4a211Q�; ems# e4�pril� 23; � 1995, •.for the evns� o� fie• paoject, ll�iafe>�vls
. Subdivision, Phases 1 and Il. •
This pornaiE shall be:effective firm t?ae.dslo o issjualaee: ii : Sept rube 4, 2006, and sbali.be subject to the condition, and
Ci ions as s edified didmin. Please pay spe�ci at os t 6 &. 'on and Mam re"imments in Ehis 'pdmit.
....
Fsiiere toestablish mi adequate syat+edc for'I'dolh atornowatet: tti-Ntagement system *01 result in
It ipact9��eq nts or�f iaeaca iri peters+Bale.Youhmfbc*ktorognestan,a4udicatory
6l v Y daysol)gwang."i'a?`s!Pt of tiiis"pexmit:. 7'his.sst torus= 6e in tip foim oft
wrlt� pe�ia�, cot+fahaing m C3vpbri 150B.eiftdelViirrk•t,�dvlin$ (Term ane} with thiy O1Reo of Administi�itive
Ilea, P.O. Drawer 2I447, Ralci ,'NC 2751 it iu�d big:
If you hesro.any quostions, or tteed.additional in� cow this tiiwer, please contact Linda Lewis, or me atpl0►)
395-390Q
�inoere_tjr,' •
RW* • S:IAA/QASTO)tmw,6TvB*AH 21108. PR:
cc: Ward AAdrIvs; P,E:
Tony RobirkMw Hanover Ccm�iY.i ecdObe '
Meth F.sow NOW HUMW g
Wilmlepon Linda iv+wLs •' '
Regional deice ;
C cad Fffw
i�� . C.�a+aarnr teat: a+v+t ;epos; �Yortai"aialiri 2t1 S : :. Ieleptdne 910-39s706 FAX no,3.504 e•'
An squat diipav
tuuq►.i�ff vp�.eiv: A*i �i' .: � , ; .: s XayS ga=t moa r '
I 4A^ • JiVV.JVLVvti Ju(I 10 M 1L:,( r. US
JUMP VmAuf.«w.....UM"o ......r-I-•--•-
STATE OF -WORTH PAXPIMA
DSPARTMEAi'i" OF O1 N ;A1�ID:NA�t'[iltAL I UURCES
VIA'jR'QFALM
• AIG�•A.�LQ�N�'NT
In'accordanae with the per►visions of Ardck2l! of s•t43 Cidic�at; Statutes ofl'�c�rth Ca +oiiaa es a orided,.an�
other• applicable•Laws, R Ies, and Regeldw' m ,
PTRA►1ISS 19MMir PRAM M TC
eadowl�riook Bw ow ers As*ddtion
161ead c S�iU +istii ; ;ass I and 9
:AkwMat0w-",Coarity .
• �coaa�nictiiin,operation and e:of`�••dndon� aad:�:cvcb octet s�stem.�.eoa��oawith fhe.
ptov diw of SSA NCAC ?.H . fOEi� (her aneire o= as "storr>Y+aater ruCes') a4 Ebe apprairc rietr
E plans ind=sp ratio atidotl>er :St.attached and on file with and ap*vad b'tla;
Mves`cf Water Qnat#y and conaidewd aapart off.tl a *11it.
Tl permit ah$Il :bee ectivtx,fxom t% date Of Asuake ; til • .September 4, =6- aad AM be- subject to the
.f dlbwing specific cov&wns. ddi IMMb ions.
'his. p uin is 'ef*cdm only: w h '16'ft ustwe iM ;Vehmw of do mwater 4acribol 1pthe
Apoxabod aM anther gpppm.*g .
Z. s atora�iraax syst�rn has been approved for ttie' t storm CT.n10Dff as dlesq. id. on.
3 of peim4 the Project Aa*:.Stiee .7be hion k pelted %r 273. bits, each Iovved 2;1D5
square feet of "-Woo am, Phase t Maw &Pity with a curb ou*t sysiem. Phasa It is, Low city
with.a collection system.
3. pL=. and specifications lids In'ojerx at�e'in posted by --f retme ad at+e Mforcuble, pads
;of .the'percnit.
Jw1 1V 70 IZ -Do r. y4
OMW owuunewa a..wuwa% .. ..�......«�
P mkNo. M 921108
-�►'.�a.�ix
P1tO�CT �ATAT
'Project Imo:
' ? 'Mo tiwbtapk Srilxiivision, Phase R
App1{can:
: �Jl ;Tony Tomes, Piresi�t
.ocatlou:
;3wc6 R:oad.- New- Hoover Co1ne..y
. Maiiigg• A�iidi+ess:
• � • . Me�brook BOA
2-612:'S' is . Ckdle
� OIIy: :Cue&a •28405
, Awl o . :
Dwemb."a 13,1995 (Transfer-receiv6d April 6; 1998)
R�iter-Bc9,'ReceiviUgCred—
MIND 4
Pond Depth:
;6. 5'%et • 6:5 feet 6 fiset
5.1 Net
pftiiifflci�t1 vao :
r , 3 �7 .•..-3S.5:MSL 36.25 USL
35.E MSL
Toted Built -upon Altowwd:
129;362 ftz : 272 - fts 173,460 fts
157,777 ft2
*�:ofloft*2,405:
73 44
45
Aree.eriEering ]Food:
2391.13 ft. 6241-673 fig 525,780 i12
384,M f(=
Area:
t
� r 1 ,83d ftZ 9,823 112
10,073 W
PkavidO Siuface Arei:
1148 ft' ' :. .1:1,920 fta 10,905 ftz
10,427 M
Roadew SUR&O Vow:
Te�-St®* Ekvation: ,
cW00 48 -Ormw
3T:OUk
:.1:25" •f•P�..
.. 24;174 R' 16,081 M 14;108 V
'32.717 183 25,267 W 19,83.9 ft3
37,91 MSL 38.3•MSL 37.2 MSL
2"+ page 1.5" f pipe .. 1.3"# pipe
Lb
StStamww ate m by==
P 221tu
4. No homeowndilot owaericleveioper•:sbal fRdni-Aie '; oar, Pipe any -& ge feahm (such as swales)
sbown on the approved puns as patof ftstt*T'h.-' systems without sullmitEing a t+eviaion
to the permit and recaetving approal:from tt Division.
i. :. �'be permiae is rmponsib2n for .verIfXing 1 die posed bi�lt area dues a cgoeed t3iejello�vab�c;
bniitoti area.. Once tiie tomes is co>,: tlre' bui '
fome:tlte Diw,,y:.
t6 the indivAW property owner.
6. - The following items will rap h-e a nmdif cation t� tl o pelt:
8r Any Fevisn to. aroed.Plans:tdless, of -size.
b. 1"ro,�Cct name change.
.. C. Txansfex of ow=nh
d.ip.
Radasigrt or abdttioi� to tbt;.cd' of laiilt : area.
e: lrtdier subdivision of.the 1>Je
f. Ft7iiog ins aitaft, I ieCPU shm m vn the approved plan.
!s Wid6n; tlmpkeclo�nliy detefiminc tdi t:otlier: i'avisiaos V -00 Project should •rewire a ••tnodif%ation
i6 the pewit,
IU Maectar mAy -sits does Mt.Am oMor mcim of f%
of tbt; permit: 1i#n deoetne; spocMed iri .they Vie; the..Pclmftt6csdtddl submnif a
w�tGen tiaae.WSOdWe OD Oho Anectormoc fj�;i the Aiba• tax meet min>� re effiaats.Ile
• P ••
dug provuleprovide t:opiGs of revised Pam. wrung to the Dtteetor that the changes have been
g. SCEWXK E OF C011flqdANCL
1. Tlte.penmittee wilt Cal lift the::fo�Iovvi l.aGbeefule for conivrction andmaianto of attmvyater..
a. Thin atasmw xtcr ' mat�enaonot$Y:a'.�� ist'it+s e+ety, vet �,}
for it's i�medlse prior to the con`t�uiaro i�f a► tarpon surracx eaceept roads:
b, During eommmton+ erosmsion sal beR:dce u, a ad any. prodded areas of tho system wiil
be d immediamy,.
110.prmitiee jr.ba pcnnnmm:to sfa ,ta enw tdie. rty .For tbe;,pta�ea of �g tk
project for eem*liama -tva the- e:009d6m, of W :.
3. Upian ceampletion of:const cxion, prip to ias�i�e: of a Ce�catc of O�c acy, : and'prior iQ. opera�un:
ofl",Pcmw6biafilityY n;`= rveel from an aPPP d fucIns
ibe
' 8, that tk!; leis .ice .�$ rod mor e' with tws.:pe mid, the
�apprmved• l -.and sped, :a el athex : ppor dt�egmentatian. Any deify dons frm the
approved puns'. and specffications mist be noted o � the Certification.
4
x, ac •.J� P. uo
tie b'JMVMW mmagoua,3yajuaua
wit Na SM 921109
:4. DecorafivexM foonWM will, not *.alOwed-in the ponds.
..: S. • The peree shall •at;ati t�,pro�vide t�iavpe�s�ian:and mairrbenance no�sarir to . dse:�•
be hollowed fimct�s at o n y; T and.�V�u mane Per n
to.
alk+etlr : m nw6�,ocair et 4he. schetiuledi.i ►ai8 itsriudiog, but not hpi rWd
. .. a: • Semnarl sad inspections.:�ev�rfindonths): , ,
5 ., a. • ' i�wm��r�sid:�:Yegaatrnn•�e:atope�z• , • • ..
e.r of glile: sees, -1 avcar'd a v t�'appr+ovec .pl$tls and :speeificatiot�
U. Debr�is'r+einovsl ateuaely g g� of oir w'st"Mm +e,,c oe devl�ee aid catch basins aral piping.
g. Access to the pohd onttet sitne�hmes i . W be avai6ble at all times:
1:. Records of ma enanco :a ivities mn$t bye .lrept ,and m e. ava' Mle upon t to aut mized,parsonael
mques
of DWQ. •The accords wM Indiosre R#w data, W,, name of pmm performing ft wan wd w�
actions wen taten.
7. Pry to the sale of
am lot, -dcOd res�ct .•mW-be •rcFoiwhich lhnuit .the built-upou area per tot
the s -as awn on tl l of 4 p�•.Pe*.n Y; Fart 2. The r+ccm%W statanea�ts must
*&. w the form:
a. "The max.km bpilt-uporr•at� pef.•lot• is .2,;4W sere feet, inclusive of drat pordoq of the rW
of -Way between the•.lat line t �alg�,d.. vement, sutras, pavanm walkwsys.of brick,
or slate, but not iachld�ng• ."
b: "The covananra:per tE stoi aiater:;kq Jon -may. not be cued or deleted with
rcmcur�cx of thteba.e Sf
c. "Aleeration ofth�ee.drage :as.ovvno: `the':r4
plan nary na4 tam plaix • the
$.., Thb-Permit uW baconi Y4iki Ok. f we itcCordan C w1�fh the CAnd %ng
Of this per, ft Vwvcd p °a& spec�geoh aad'6tw Suppoftin8
9. A copy of the recorded deed t+esstrifi t•b�_ ibod the Division within 30 days o the data of
WCOWft ft plan. The recorded oozy nir�sE be �Buv�by t ie Piamittec, :dated, � with the deed book
mud= ad pap. -aad• bear the:stamp/s 1 of tha Registex of Decds.
copy of tlx approved plans• and :gPe cadbns •sal. be -maintained on file qy the Prgnittee for a
muo�mt�m of ten years from the date of t o of constnrction.
UtO 8MfMW8tCr Z40890MOM bymm
i Permit Na S 9211 e!
M. GOCRAL cmpn Vw
�. Thi.; permit Is >ZOt d rSble. In ttie'etr�ttbar-Ira**C for the facititie$ to Change ownplhips or.
Abili+d is a name-Amse -of Ow �; a; -" C F4xm4t most bC iubmitled to•tbe
Division of W f
Q�l#ty uy: dOC1 Bntation from file parties involve4 smh as
a ropy of the deed of tn>st. Others orting r9aa�rxials,.such a sued Qpermion and M� pla•
in the can of engmeered systems, wm also bt •�id
- • T*'praject nguat be in good standing With
DWQ. The approval of Ibis request witi be ideroci oft a meth$ and may or may not be approved.
2. Fail= to abide :byte condidm:and limitat m:coMdmd n this permitMy subjea file P=dttm tar
action by the Divisi of;W r;Qaality. in as sane with hiorth cacolina Oencral'statute
143-215.6A to 143 215.6C.
3. The-issummo of this peamit does not proc c the',FbM9006fimm Complying with any and nli :smugp,
rules, neguladoas, °r ordinance which imay ire .itifposed •bY` _ �. ()ctcal, state, and
fadmi l) which have judidiction.
4. Ia the avmt t fhe faciiitiea fait to :pe ugm ai ori�Y. mchiding t creation of mdunce,co6ditio»s
dia P ee shy taiae' i8te:co ectivc. ;> aII 'mose as my•. M-POa
shathe-con vion•of by this Division,
,r b.sgmgmnsyem. S • : 'The permit May be modified, r6volc,�# ,and. r�eis�oed. or amninaW for mmme. Mm #ding of a;nquft for
-.a pereorit modification, revocation•an sew-orWminationhoes•not stay any pit condition.
6. Paio oe grmlt.permissmi .to stagofbiekA*0,tb:36' ss 1W',propetty for die purposes of inspecting the
stormiwater faciHda &vhl nark %ximeq h .: .
Pftmk ksued this file 23rd (by of April. 19p.
NORTH CAROLINA EN-mo s
. IENTAY;A.�AI�A�T I✓011�IIs�Q1�.
Aivisiam of Water
$y Atuh,+yo'ran
yit�y.. of the Eau.• ;;Casion `
' .. � r � P . fir• .
State of North Carolina r "=
Department of Environment, _
Health and Natural Resources ; AT. •
Division of Environmental Management I
James B. Hunt, Jr., Governor■i■�
Jonathan B. Howes, Secretary � � �--.� � -.
A. Preston Howard, Jr., P.E., Director
• WATER QUALITY SECTION
1. Permitholder'Sname: Meadowbrook Subdivision
2. PermWs signing officals aam Jmd St nh _ns
ot= 1080y ro PXWbie for P=n t)
Tntarim Uroc; ric..t
3. Mailing address; P. • 0. Boas 4127 city— Wilmington
State- NC \
Zip C.'oft; 28406 � P$on6: �91�39?_77n1
1. 'Ibis request for aname d>mp i$ a m Wt of:
„ L Change in ownership of propertylcAmpany
fib. Name dmp only
__.�.o. Over (Now ezpi•
2. New oVNnW$ & 1e (name to be put on nm nL*n -A rignn t i nn Tr%C .
3. New owner's or signing offici&rs nam and title: Tony Tomes
T mson legauy responsible for permit)
President
4. Mailing (Mde)
addne$$:_ 2612 Sar�l i i 1 Clhr_ Wi 1minQt�on
$ ,i NC p Code. 28405 none. 1910 392-0571
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY TEE DIVISION OF
ENMONM ENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED W= THE SUBMITTAL.
L 7bb c om cWd application
Z Ong ttm of.W66" (Chaeb to be made payable to DEEM ' O A-4O . d D -
3• ENddes s legal docna tlon of - vjnwthe b of ownership (ad as s Dom, dood
CERTIFICATION. W= BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSW- FOR NAME CHANGE ONLY, COMPLETE AND SIGN TIDE
APPLICANT'S CER?`IrC�l,2'IQN. .
Current Permittee's Cermcation:
C hristn Ste*iens that this far nantalorvaeta�dp cb=P has been
ravtewed and is a<xnrat b if 1 l-gs. Iumdcm&mdtbltlfaHpqqkWpm
°II DPP iafaamation nd its ate not
�+sta mod at
Signature
.�
Applicant's Certifications
Tony Tomes � liAra �melow�tahip 1� bed
reviewed and is agate sad oa Vka to tho bftof I tmdastand that if au Ajin and im
this applic'atioo an: not oompkted SmWw that if all iaihrmaft nd awhmi= am p
incided, this WficadgapaftP *H be mt<imed as
signature. -� 7•-�
TM COMIMM APPLICATION PAaAf, INC MILYG ALL IlVFORMATION
AND MA►TV.V", sxOUI.'® BE SENT TO 773E IMLOWING Ate:
North Carolina Division of EnvErmmentai 11?anagement
Water QVNr Section
44vidb 0-
mm--6 Goof
..
,
Landmark Developers, Inc.
p
May 27, 1998
Linda Lewis
NCDENR/DWQ
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
RE: Ownership Transfer
Meadowbrook Subdivision
Stormwater Project No. 921108
New Hanover County
Dear Ms. Lewis:
This letter comes as an inquiry of our request to transfer ownership and maintenance
responsibility for the referenced project. Information provided on April 3, 1998 should
have completed the submittal requirements.
Could you pleasc advise as to the status of this request? I've enclosed the latest
correspondence and attachments from April 3, 1998.
Sincerely,
I
Margaret y
PC: Chris Stephens
Sandra Dail
5022 Wrlghtsville Ave. • P.O. Box 4127 - Wilminaton. N.C. 2840E - (9191392-7201 - Tplprnnipr 10101 700-1 ARR
Johnson, Kelly '1 � 0L/
From:
Johnson, Kelly
Sent:
Wednesday, November 14, 2012 8:38 AM
To:
'Chris Stephens'; Scott, Georgette
Cc:
Cox, David
Subject:
RE: Meadowbrook Section II SW8 921108
Attachments:
Meadowbrook 1998 Letter.pdf; Meadowbrook 2011 Letter.pdf; Meadowbrook Deed
Restrictions. pdf
Chris,
This confuses me a little as well. If you have a letter signed by Rick that the transfer went through, then evidently our
file is incomplete. I have attached my 2011 letter and its attachments. On page 4 of the 2011 letter's scan there is a
1997 letter from DWQ saying that we got some transfer paperwork, but that a signed O&M from the HOA was missing.
We also have the attached 1998 letter from Landmark referencing a 1998 submittal to DWQ. We do not have that 1998
submittal on file either. So, it appears that some things have been misplaced from the file over the years.
If you could scan and send the final transfer letter from Rick and the -1998 signed O&M from the HOA (if you have it)
and send that over, that would be great. We have the deed restrictions (also attached) and the PE Cert (from your
previous email). Do you have transfer information for Section I (SW8 920504) as well?
Sorry for the confusion over the paperwork. Hopefully we can get this sorted out fairly easily.
Thanks,
Kelly
From: Chris Stephens [mailto:wcstephens@landmco.com]
Sent: Friday, November 09, 2012 9:02 AM
To: Scott, Georgette; Johnson, Kelly
Cc: Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
I have finally found the stormwater files for this project... thankfully.
I should bring this over for y'all to look at... I find where it appears it was transferred and it was certified and the
Association accepted the transfer. The file does include Mr. Andrews, PE certification'.. A letter from Rick
Shiver appears that the transfer ,vas accepted.?
Attached is the certification.
Mr. Tony Tomes was the HOA president at the time who accepted the transfer it appears. I see notes where
we had given them maintenance advise later about pond maintenance. Margaret Gray was the Landmark
Project manager at the time apparently.
This confuses me a little.
Chris
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Chris Stephens[mailto:wcstephens(alandmco.com]
Sent: Friday, November 09, 2012 8:25 AM
To: 'Scott, Georgette'; 'Johnson, Kelly'
Cc: 'Cox, David'
Subject: RE: Meadowbrook Section II SW8 921108
Do you have a renewal form that you could email me?
I think I have found the name of the current HOA president but I don't have contact information. Larry Sibbaid
recorded a document in the register of deeds this year for the association as its president.
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Scott, Georgette rmailto:georgette.scottcabncden .g
Sent: Thursday, November 08, 2012 9:04 AM
To: Chris Stephens
Cc: Johnson, Kelly; Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
Chris,
It looks like this may take a little while to get everything straightened out. My main concern is that this permit
is about to expire. Let's get a renewal sent in for this first and then work through the issues to get it corrected
and transferred if necessary.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Fact.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Stephens[mailto:wcstephens(&Iandmco.com]
Sent: Thursday, November 08, 2012 8:49 AM
To: Scott, Georgette
Cc: Johnson, Kelly; Cox, David
Subject: RE. Meadowbrook Section II 5W8 921108
Georgette/Kelly:
I'm sorry ... I have weak information on this.. -it was a little before my time as "anybody" around here. I see
from my last email response on this that I had found that Ward Andrews was the PE on this and he is now
deceased.
I think I got the needed deed restrictions to you....1 guess I need to contact that association and find out who
manages them now. i was looking for some advice on the engineering situation. Sherwin Cribb may have
some of Ward Andrews old information... I'll have to find out.
All in all I expect this can be resolved fairly easily as long as the Association is cooperative and reasonable. I
would be very surprised if the system was not installed certifiable.
We may need to go get a copy of your files ... that was an early 1990's project I think.
You may have missed my last email on this... see below:
From: Chris Stephens fmailto:wcstephenst5-landmco.coml
Sent: Thursday, January 12, 2012 11:39 AM
To: 'Chris Stephens'; kellv.p.johnson(cO_ncdenr.gov
Subject: RE: RE: Notice of Inspection, Meadowbrook, SW8 920504
Kelly:
I am back from vacation and working on getting caught up.
I had someone find the deed restrictions on record and they are attached. We still have not located the
stormwater file for this project in archives yet. So I am not sure what we may have on the certification.
Did you get my previous email?
Thanks,
Chris
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
From: Chris Stephens fmailto:wcstephensO-Iandmco.coml
Sent: Tuesday, January 03, 2012 10:13 AM
To: 'kelly.p.johnson@ncdenr.gov'
Subject: RE: Notice of Inspection, Meadowbrook, SW8 920504
Kelly:
I was forwarded this letter/file regarding Meadowbrook Subdivision to address what I could with it. I don't know
much about that permit at this point until I can find the files. The previous staff that managed that project
(Bobby Harrelson/Jim Hunter) are no longer with this company. The engineer, Mr. Ward Andrews, is deceased
I am told.
I am still looking for the original development files on this project if they still exist. The deed restrictions are
recorded and I can get a copy of those ... I am not sure who may have assumed Mr. Andrews files. Have you
run into old projects designed by Mr. Andrews? I'm not sure who he engineered for but he did a lot of work
wherever Sherwin Cribb did the survey work. We didn't use Cribb much for surveying. I don't think Mr.
Andrews did any other work for us.
I am going to be out of town tomorrow until next Tuesday January 10th. I will get you the deed restrictions then
and try to figure out the whereabouts of the certification.
Thank you... Happy New Year!
Chris
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
W. Chris Stephens
Landmark Companies
910.392.7201 office
910.350.0610 fax
910.540.9714 cell
PO Box 4127
5022 Wrightsville Ave
Wilmington, NC 28406
From: Scott, Georgette fmailto:georgette.scottCa)ncdenr.gov]
Sent: Wednesday, November 07, 2012 2:46 PM
To: Chris Stephens
Cc: Johnson, Kelly; Cox, David
Subject: Meadowbrook Section II SW8 921108
Importance: High
Chris,
You were sent two letters concerning this project. One was February 2011 and one in December 2011
concerning the Renewal of this permit. Plus there were a couple of other issues (i.e. transfer, maintenance).
Attached is the December 2011 letter. We have not received any responses from you on this permit and it is
now expired. If we do not here from you in the next week or two we will have to send you a notice of
violation.
Please address this letter as soon as possible. Send your response to Kelly Johnson.
Thank you.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
)retail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
.Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 08, 2012 8:25 AM
To: Scott, Georgette; Chris Stephens
Cc: Cox, David
Subject: RE: Meadowbrook Section II SW8 921108
Attachments: Meadowbrook Section I.pdf
Chris,
Here is the associated letter for Meadowbrook Section I as well.
Kelly
From: Scott, Georgette
Sent: Wednesday, November 07, 2012 2:46 PM
To: Chris Stephens
Cc: Johnson, Kelly; Cox, David
Subject: Meadowbrook Section II SW8 921108
Importance: High
Chris,
You were sent two letters concerning this project. One was February 2011 and one in December 2011
concerning the Renewal of this permit. Plus there were a couple of other issues (i.e. transfer, maintenance).
Attached is the December 2011 letter. We have not received any responses from you on this permit and it is
now expired. If we do not here from you in the next week or two we will have to send you a notice of
violation.
Please address this letter as soon as possible. Send your response to Kelly Johnson.
Thank you.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
i 27 Cardinal Drive Ext.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
Ismail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties.
Johnson, Kelly
From: Chris Stephens [wcstephens@landmco.com]
Sent: Thursday, January 12, 2012 11:41 AM
To: 'Chris Stephens'; Johnson, Kelly
Subject: RE: RE: Notice of Inspection, Meadowbrook, SW8 920504
Attachments: Meadowbrook Se 1 Decl 1620 - 912.pdf
-Oops... the deed restrictions are attached.
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
From: Chris Stephens jmailto:wcstephens(&Iandmco.com1
Sent: Tuesday, January 03, 2012 10:13 AM
To. 'kelly.pJohnson@ncdenr.goV
Subject: RE: Notice of Inspection, Meadowbrook, SW8 920504
Kelly:
I was forwarded this letter/file regarding Meadowbrook Subdivision to address what I could with it. I
don't know much about that permit at this point until I can find the files. The previous staff that
managed that project (Bobby Harrelson/Jim Hunter) are no longer with this company. The engineer,
Mr. Ward Andrews, is deceased I am told.
I am still looking for the original development files on this project if they still exist. The deed
restrictions are recorded and I can get a copy of those ... I am not sure who may have assumed Mr.
Andrews files. Have you run into old projects designed by Mr. Andrews? I'm not sure who he
engineered for but he did a lot of work wherever Sherwin Cribb did the survey work. We didn't use
Cribb much for surveying. I don't think Mr. Andrews did any other work for us.
I am going to be out of town tomorrow until next Tuesday January 1 Oth. I will get you the deed
restrictions then and try to figure out the whereabouts of the certification.
Thank you... Happy New Year!
Chris
W. Chris Stephens
Landmark Companies
910-392-7201 office
910-350-0610 fax
910-540-9714 cell
PO Box 4127
Wilmington, NC 28406
It
Al�
NCDEN ►
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 5, 2011
Mr. B. Rex Stephens, President
Landmark Organization, Inc.
PO Box 4127
Wilmington, NC 28406
Subject: NOTICE OF INSPECTION
Meadowbrook Subdivision Section 1
Stormwater Permit No. SW8 920504
New Hanover County
Dear Mr. Stephens:
On December 5, 2011, 1 inspected the subject project in New Hanover County to determine
compliance with Stormwater Management Permit Number SW8 920504 issued on September
25, 1992. DWQ file review and site inspection revealed that the site is not in compliance 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. Deed Restrictions: Please submit recorded deed restrictions
2. Certification: Please submit a certification showing that the stormwater system has been
installed in accordance with the approved plans.
Please inform this Office in writing before January 5, 2012, 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 Janua�5,20122012 then DWQ staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if an ownership change, or a name change or a mailing address
change has occurred, it is your responsibility to submit a completed and signed
Name/Ownership Change form to the Division. Please include the name, mailing address and
phone number of the party who is now responsible for this permit.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748
Intemet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Nor thCarolina
Natuni4
SW8 920504
December 5, 2011
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910) 796-7331.
Sincer ly,
P.
K Johns
Environmental Engineer
Division of Water Quality, Wilmington Regional Office
GDS/kpj: S:\WQS\Stormwater\Permits & Projects\1992\920504 LD\2011 12 CEI deficient 92054
enc: Certification of Compliance (permit), September 25, 1992
Maintenance and Certification Responsibility Form, May 4, 1992
Draft Deed Restrictions, July 10, 1992
Compliance Inspection Report
cc: Karen Higgins, WBS-CPU
WiRO Stormwater File
DWQ Central Files
Page 2 of 2
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary September 25, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. James N. Hunter, Vice -President
Landmark Organization, Inc.
4000 Oleander Drive
Wilmington, North Carolina 28403
Subject: Certification of .Compliance
with Stormwater Regulations
Stormwater Project No.920504
Meadowbrook Subdivision, Section 1
New Hanover County
Dear Mr. Hunter:
The Wilmington Regional Office received the Stormwater
Submittal for Meadowbrook Subdivision, Section 1, on May 8, 1992,
with final information on July 10, 1992. Based on our review of
the project plans and specifications, including deed restrictions
(copy attached) which limits the built -upon area to 1927 square
feet for each of the 17 lots, we have determined that the project
complies with the Stormwater Regulations set forth in Title 15A
NCAC 2H.1003 (a) - (3) .
Any modification of the plans submitted to this Office or
further development of this site will require an additional
Stormwater Submittal/Modification and approval prior to
initiation of construction. Modifications include but are not
limited to; project name changes, transfer of ownership, redesign
of built -upon surfaces, addition of built -upon surfaces; redesign
or further subdivision of the project area.
This Certification shall be effective from the date of
issuance until rescinded. The project shall be constructed and
maintained in accordance with the plans and specifications
approved by the Wilmington Regional Office. This Certification
does not supersede any other permit or approval. The developer
is responsible for obtaining any and all permits and approval
necessary for the development of this project. This could
include the Division of Coastal Management under CAMA
requirements, The Division of Environmental Management under
Wetland 401 Water Quality Certification and/or a Dredge and Fill
- contir_ued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350-2004
An Equal Opportunity Affirmative Action Employer
Mr. Hunter
Stormwater Project No. 920504
September 25, 1992
Page Two of Two
-----------------------------
Fermit and/or a Sewer Extension/Collection Permit, U.S. Army
Corps of Engineers 404 Wetland Permit, local County or Town
Agencies under their local ordinances, or others that may be
required.
Deed restrictions must be recorded with the Registrar of
Deeds Office. A copy of the recorded deed restrictions,
including deed book number and page, must be forwarded to this
Office within 30 days of the date of the recording. Failure to
record and/or submit the deed restrictions to this Office is
considered a violation of this Certification.
If you have any questions concerning this matter, please
contact Alexis Finn or me at (919) 395-3900.
Sincerely,
dL
3ve Adkins
Water Quality Supervisor
DA/aif: 920504.SEP
cc: J. Ward Andrews, P.E.
Sky Conklin, New Hanover County Building Inspections
Alexis Finn
Wilmington Regional Office
Central Files
STORI,14AT>;R 11AINTENANCS PLAN
FOR MADOWEROOK SUBDIVISION
RESPONSIBILITYs
It shall be the responsibility of the Yeadowbrook Home Owners
Association to provide the following inspections and maintenance of
the stormrrater systems
INSPECTIONS
The Home Owners Association shall provide the' services of a
person competent to inspect the storwwater system on a periodic
basis (monthly or as needed) for the followings
(1) Catch basin or pipe blockages.
(2) Vegetation in the swales. This will be maintained in good
condition. Areas which exhibit sloughing, erosion, or vegetation
washout will be repaired and replaced with sod or stabalited with
rooted vegetation.
(3) Sediment deposits in the swalese These will be removed in
order to maintain the design depth, side slopes, and grade.
--Rip- rap --at._ Swale --inlets--and -outlets. These -points.. are to
be inap"ted to determine if heavy flows have displaced the rip
raptor surrounding areas. Rip rap is to be repositioned or new
rip rap added where needed.
CERTIFICATION:
Certification that this stormwater system has been installed in
accordance with -the plans approved by the Division of Environmental
Management shall be furnished the Wilmington Regional Office within
30 days of the completion of the work. This certification shall be
signed and sealed by a Registered Professional Engineer licensed to
practice in the state of North Carolina.
vwrw .v uaasaw+-, .i.c:v-rrvrau'
La k Organization, Tnc.
4000 Oleander Drive, Suite 3
Wilmington, N. C. 28403
s 67411 z
` Imo)
P_agal
STATE OF NORTH CAROLINA
DECLARATION OF RESTRICTIONS
COUNTY OF NEW HANOVER SECTION 1, MEP.DCWBROOX
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, LANDMARK ORGANIZATION, INC., (LOI),
a North Carolina corporation, hereinafter called DEVELOPER is the
OWNER of all of the interest and equity in that certain tract of
land known as SECTION I, MEADOWBROOK, and it is the desire of the
undersigned, the DEVELOPER of this land, to insure the use of said
property for attractive residential purposes only, to prevent the
impairment of -the attractiveness of the property, to maintain -the
desired tone of the community, and thereby to secure to each lot
OWNER the full benefit and enjoyment of his home with no greater
restriction upon the free and undisturbed use of his lot than is
necessary to insure the same advantages to the other lot OWNERS;
NOW, THEREFORE, the undersigned does hereby covenant,
agree and declare to and with all persons, firms or corporations
now owning or hereafter acquiring any property in SECTION I,
MEADOWBROOK, that all of the lots in said subdivision as shown on
a map recorded in Map Book at Page of the New
Hanover County Registry, are hereby made subject to the following
restrictions as to the use thereof, running with the land by
whomsoever --owned, to wit: - - - - -
1. All lots in said Subdivision shall be known as
single-family residential lots, and shall be used for residential
purposes only.
All building plans and site locations for residences must
be approved prior to construction by DEVELOPER. No lot may be
clear cut or substantially cleared without the express written
consent of DEVELOPER.
The roof of each residence must have a minimum pitch of
6/12, unless written permission to vary therefrom is first obtained
from DEVELOPER. All roofing colors must be earth tones, such as
browns, blacks or grays.
2. No residence smaller than 975 square feet of heated
floor space, exclusive of porches, steps, walks, garages, carports,
storage areas, etc., shall be constructed or located on any
building lot. Provided, that in cases where the area is not more
than ten percent (10%) below the minimum above set out, DEVELOPER,
or its designated agents, may, at their option, approve the
construction of the dwelling if it is in conformity with the
general development of the Subdivision. In computing the number of
square feet allowed as provided herein, no square footage in any
part of the dwelling that is constructed over a garage will be
counted, unless it is on the same utility hookup as the main
dwelling and is a finished part of the constructed living space.
In addition the total built -upon area on each lot shall not exceed
the requirements of the Title 1 NCAC 2H.1003 Coastal Stormwater
Regulations. These regulations currently provide that each lot
will be restricted to 1,927 square feet of built upon area
including imperious surfaces such as house and driveways. The
State of North Carolina shall be a beneficiary of this provision
entitled to enforce the same by any available action or remedy
against any lot owner who violates the terms of this provision.
3. No concrete block, concrete brick, asbestos siding,
aluminum siding, cinder block nor tar paper composition shall be
used for the exterior of any residence constructed on any building
lot herein conveyed, it being intended that only conventional
frame, wood, masonite-type hardboard, vinyl, brick, clay brick or
stucco exteriors be constructed on the lots subject to these
covenants. Paint colors on house at the time of closing may not be
changed for five (5) years without the prior approval of DEVELOPER.
4. Since the establishment of standard inflexible
building setback lines for location of houses on lots tends to
force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related
considerations, no specific setback lines are established by these
Restrictions. In order to assure, however, that the foregoing
considerations are given maximum effect, DEVELOPER reserves the
right to control and approve absolutely the site and location of
any house or dwelling or other structure upon any lot and a plot
plan shall be furnished to LOI for approval before construction
begins. In any..event,...no..house shall .be erected closer to the
front lot line or nearer to any side line than the minimum
distances established by applicable New Hanover County ordinances,
but not less than 25 feet.
On corner lots, the side having the least frontage shall
be considered the front lot line of said.lot.
5. No house trailer, mobile home, travel trailer or
other recreational vehicle, tent, shack or temporary structure of
any nature shall be located on any lot or used at any time as a
residence, temporarily or permanently.
_-..-.... Any storage -building must conform to the paint colors and
building style of the main structure constructed on any lot.
Construction and placement of said building on any lot shall be
approved by DEVELOPER, prior to the construction thereof.
Boats shall be kept inside a storage building or in the
back yard and not visible from the street.
No satellite dishes or exterior antennas may be installed
without prior written approval from DEVELOPER.
6. No fence shall be erected or hedge grown on any lot
unless written approval thereof has first been obtained from
DEVELOPER. Fences facing or parallel to the street shall be wood
construction. No fence and no hedge shall be permitted nearer the
front lot line than the front of the house constructed on said lot
unless approved by DEVELOPER. All corner lots shall be required to
have a fenced area at least 10 feet by 5 feet in size in the rear
of the house and attached to the rear of the house, within which
shall. he kept lawn mowers, bicycles, toys, grills and other similar
stored materials. On lots having buffer fences,installed by the
DEVELOPER, the OWNER of the lot upon which the fence is located
shall maintain the fence in its original condition. All fences
constructed hereunder shall be maintained in original condition.
7. Modular and prefabricated homes and previously
constructed houses may not be erected or placed on any lot, without
the express written consent of DEVELOPER.
S. No advertising signs or billboards shall be erected
on any lot or displayed to the public on any lot subject to these
Restrictions, except that one sign of not more than five square
feet in area may be used to advertise a complete dwelling for sale.
No "For Sale" signs are allowed on any unimproved lot. This
covenant shall not apply to signs erected by the DEVELOPER used to
identify and advertise the subdivision as a whole, or .by a
contractor for an item of work being performed on a given lot.
9. No fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.
10. All water to be used in said subdivision for any
purpose whatsoever shall be obtained from a Community Water System,
unless other sources are approved.by the City or County Board of
Health. An eight (8) foot radius from each water meter shall be an
easement for maintenance and repair of such meter. Lot OWNERS may,
however, drill shallow wells for irrigation and non -domestic use.
Said wells must be located in the back yard so as not to be visible
from the street. Sewage disposal shall comply with the regulations
of the North Carolina Board of Health. Each lot in said
subdivision is subjected to a sewer maintenance easement across the
front ten (101) feet of each said lot.
Easements for installation and maintenance of utilities
and drainage facilities are reserved over the rear, front and side
ten (10) feet of each lot and easements for drainage and utilities
also are reserved as shown and designated on the plat of said
property hereinabove referred to. The DEVELOPER shall have no
responsibility for maintaining drainage easements in connection
with any lots sold. All maintenance shall be the responsibility of
the purchaser of a lot, his heirs, successors and assigns, within
said easements. No structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which may change
the direction of flow of drainage channels in the easements. The
easement area of each lot and all improvements in it shall be
maintained continuously by the OWNER of the lot, except for those
improvements for which a public authority or utility company is
responsible.
11. No yard sales or garage sales shall be permitted
upon any lot in this Development.
12. No noxious or offensive activity shall be carried on
or maintained on any lot or part of any lot, nor shall any use be
made of any portion of said property which may be or may become an
annoyance or nuisance to the neighborhood. No domesticated farm
animals or fowls shall be raised, bred or kept on the property. In
the event yards are not properly maintained, they shall be cleaned
up at the OWNER's expense. Unsightly, inoperative, or unlicensed
junk cars and like eyesores cannot be maintained on any lot, either
prior to or after the residence has been erected thereon.
13. The Buyer or Purchaser of each lot shall keep the
lot mowed regularly, including that area from the lot line to the
edge of the paved street and clear of any unsightly objects, and in
the event that the Buyer or Purchaser of any lot within the said
Subdivision breaches this restriction, the DEVELOPER reserves the
right to enter upon the said lot and mow the grass, clean up the
lot and remove unsightly structures and objects at property OWNER's
expense. Where lots border on or contain ditches, drainage canals
or swales, the Buyer of each lot shall keep that area, including
the slopes, down to the edge of the water, mowed and maintained
regularly. Washouts or erosions on the lots adjoining ditch banks
and swales to pavement shall be properly tended to by the
respective lot OWNER.
14. The DEVELOPER reserves the right to subject the real
property in this Subdivision to a contract with Carolina Power and
Light Company for the installation of underground electric cables
and/or the installation of street lighting, either or both of which
may require an initial payment and/or a continuing monthly payment
to Carolina Power and Light Company by the OWNER of each lot.
15. Each lot OWNER shall provide receptacles for garbage
and all cans, carts and bags must be kept in a screened area,
accessory building or other storage facility, and not visible from
the street, except on garbage pick-up days.
16. Construction activity on a lot shall be confined
within the boundaries of said lot. Each lot OWNER shall have the
obligation to collect and dispose of all rubbish and trash
resn ting from construction on his lot. Upon a lot OWNER's failure
to collect and dispose of such trash within thirty (30) days after
receipt of a written notice from DEVELOPER, DEVELOPER may collect
and dispose'of such rubbish and trash at the lot OWNER's expense.
17. Each lot in the Subdivision shall have only one (1)
mailbox and one (1) paper box to be mounted on a single post, and
all such boxes shall be as approved by LOI. Such mailboxes or
paper boxes may be provided by the DEVELOPER or the builder. Any
boxes provided by the builder shall be considered an improvement
and must remain with the lot and shall be maintained by property
OWNER.
18. Invalidation of any one of these covenants by
judgments or court order shall in no way affect any of the other
covenants herein, which shall remain in full force and effect.
19. If the parties hereto, or any of them, or their
heirs and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in SECTION I, MEADOWBROOK, to
prosecute any proceedings at law or in equity against the person or
persons violating or attempting to violate any such covenants, and
either to prevent him or them from doing or to recover damages or
other dues for suc.h..violatio.n.
20. DEVELOPER specifically reserves the right to amend,
or change any part or all of the restrictions, covenants and
conditions herein set out at any time prior to December 31, 1994 by
the filing in the Office of the Register of Deeds of New Hanover
County a Declaration of Amended Restrictive Covenants. Retention
of this right by the DEVELOPER is not intended to affect the
general or common scheme of development for the property herein
described but to correct and/or modify situations or circumstances
which may arise during the course of development. Thereafter,
these Restrictions may be amended by vote of the OWNERS of two-
thirds (2/3) of the lots in SECTION I, MEADOWBROOK.
21. All covenants and restrictions herein shall run with
the land and shall be binding on all parties owning lots in said
Subdivision for a period of -twenty (20) years from the date hereof
at which time these covenants shall be automatically extended for
successive periods of ten (10) years each unless by vote of the
then OWNERS of a majority of said lots not undek legal disability,
it is agreed to revoke or amend same.
22. In certain instances, conservation areas or green
ways, or vegetated buffers may be conveyed with a lot to an OWNER.
Such areas are for conservation purposes and as such, not for
OWNER's private use. These areas.are to remain entirely natural.
No fences or structures of any type may be erected in said areas
and no undergrowth or any type of vegetation may be removed.
Notwithstanding the foregoing, any area identified as a
Planting Area on any map or revision of lots map of SECTION I,
MEADOWBROOK may be conveyed with a lot or lots in said section of
the Subdivision or may be conveyed to one or more lot OWNERS in
said Subdivision. No structures other than those fences, signs,
entranceway structures, landscaping or similar construction by the
DEVELOPER shall be permitted in the Planting Area. In the case of
conveyance of a Planting Area as set forth herein the DEVELOPER
reserves an easement to go upon the Planting Area and maintain any
of the above -described construction. DEVELOPER further reserves
the right and an easement to change, reconstruct or construct any
fences, signs, entranceway structures, landscaping or the
equivalent in and over the Planting Area.
The lot OWNER or OWNERS to whom any Planting Area is
conveyed shall keep the Planting Area mowed and shall maintain it
regularly so that said area shall be neat and in good condition and
appearance at all times. With the consent and approval of the
DEVELOPER, the lot OWNER may make certain plantings and may
landscape the Planting Area.
23. DEVELOPER reserves the right to change, alter or
redesign roads including the extension of streets and roadways for
the purpose of providing access to adjacent properties, utility and
drainage facilities and easements and to change, alter or redesign
lot lines and Planting Areas as may, in the sole judgement of the
DEVELOPER, be necessary or desirable except that the DEVELOPER
shall have no right to change or alter the use of the lots within
the Subdivision.
24. Whenever used herein, the word "DEVELOPER" is deemed
to mean LANDMARK ORGANIZATION, INC. (LOI), its successors or
assigns.
25. THESE RESTRICTIONS APPLY ONLY TO SECTION I,
MEADOWBROOK SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED
ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE
A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE
RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED
BY DEVELOPER IN THE VICINITY OR AREA OF SAID DEVELOPMENT.
DEVELOPER FOR ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT
_SECTION. I,. MEADOWBROOK_.SUBDIVI5IO.N., IS NOT PART OF ANY OVERALL PLAN -
FOR THE DEVELOPMENT OF THE REAL PROPERTY DESCRIBED HEREIN, AND THAT
THE REMAINDER OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED,
CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS
OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, LANDMARK ORGANIZATION, INC., the
DEVELOPER, has caused this instrument to be signed in its name by
its Rreatoent, sealed with its corporate seal, and attested by its
SPPthis ;J', day of 1992.
RP 0R4 . LANDMARK OR ANIZATION, INC.
o f
SEAL BY:
,*CORPORATE SEMI•,) President
.. • /�,1,�,��r�&ecr eta y •
Compliance Inspection Report
Permit: SW8920504 Effective: 09/25/92 Expiration
County: New Hanover
Region: Wilmington
Contact Person: Keith Stark
Directions to Project:
Title: Project Manager
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Smith Creek) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 12/05/2011 Entry Time: 12:30 PM
Primary Inspector: Kelly Johnson
Secondary Inspector(s): - -- —
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
N State Stormwater
(See attachment summary)
Owner: Unknown Wiro
Project: Meadowbrook Sd Section I
Exit Time: 01:30 PM
Phone: 910-794-1341
Phone: 919-733-5083
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8920504 Owner - Project: Unknown Wiro
Inspection Date: 12/05/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
File Review
Yes No
NA
NE
Is the permit active?
■ n
❑
n
Signed copy of the Engineer's certification is in the file?
❑ ■
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
® n
o
n
Copy of the recorded deed restrictions is in the file?
❑ ®
❑
❑
Comment: Recorded deed restrictions needed.
Certification needed.
Built Upon Area
Yes No
NA
NE
Is the site BUA constructed as per the permit and approval plans?
❑
❑
❑
Is the drainage area as per the permit and approved plans?
■ ❑
❑
n
Is the BUA (as permitted) graded such that the runoff drains to the system?
■ ❑
o
n
Comment:
e\A/
V- 61-
ILIA
kir
Are the SW measures constructed as per the approved plans?
■ n
n
n
Are the inlets located per the approved plans?
■ ❑
❑
❑
Are the outlet structures located per the approved plans?
® Cl
Cl
❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? WEI ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ C3 El
upon request?
Comment:
Page: 2
c �aa
Johnson, Kelly 6W �3na i1a
From: Johnson, Kelly
Sent: Tuesday, October 11, 2011 12:12 PM
To: 'twoexnjcops@aol.com'
Subject: FW: Meadowbrook
Attachments: 920504_Application.pdf; 920504 Deed Restriction Data.pdf; 920504_Deed Restrictions.pdf;
920504_Maintenance.pdf; 920504_Permit.pdf; 921108_Letter.pdf
Bill,
Here is the info on your subdivision. It has the following two permits:
1.) SW8 920504: This is a low density permit that allows 30% overall impervious area for the subdivision and has 17
lots at 1,927sf of impervious area per lot. This permit does not expire and has fairly easy maintenance
requirements as specified in the attached documents. - ►%Arer �n ►r--pec-4--c-4
2.) SW8 921108: This is a high density permit that has expired. The attached letter was written to the permittee
(the developer) earlier this year. Generally the developer is the original permittee who builds the subdivision,
and once everything is finished he is supposed to submit paperwork to transfer the permit to the HOA. The
permit gets renewed every 10 years. It does not look like this one got transferred from the developer to the
HOA. So, the developer still needs to submit the renewal application,
http://Portal.ncdenr.org/web/wq/ws/su/statesw/forms docs, and if the subdivision is complete or if he is
otherwise ready to transfer this to the HOA per the recorded covenants then he would also submit the HOA
Name/Ownership change form (same link under "miscellaneous"). As a part of that process the site will be
inspected by DWQ to see if it is compliant. If it is not compliant, then the developer will have to take action to
"fix" anything that is wrong. Then, we will transfer the permit to the HOA. If he doesn't take action then things
can get difficult. He has missed the deadline to submit the paperwork we requested earlier this year. But, since
you are calling to ask about it perhaps things are in the works to get the ball rolling.
Thanks,
Kelly
From: TwoexnjcopsOaol.com fmailto:Twoexnjcops@aol.com1
Sent: Thursday, October 06, 2011 2:10 PM
To: Johnson, Kelly
Subject: Re: Meadowbrook
Thanks Kelly. I really appreciate your help.
Bill
In a message dated 10/6/2011 11:36:28 A.M. Eastern Daylight Time, kelly.p.iohnson(a ncdenr.gov writes:
Bill,
I just wanted to let you know that I haven't forgotten about you. It has been a crazy time in the office
lately, but I will pull your files soon.
KJ
IIA O.W\, 5 ),.%
JR 3. 0A(o
*** My email has changed to kelly.p.iohnson(a),ncdenr.gov
1<_' 6 '' J0kVu50VI,
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: 910.350.2004
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE (919) 392-4404
MY 5. 1992
Ms. Alexis Finn
Environmental Engineer
N. C. Department of .Environment,
Health, and Natural lie source s
Division of Environmental Vanagement
127 Cardinal. Drive Extension
Wilmington, N. C. 28405-3845
Dear Fos. Finn i
RECEt11 wD
MAY 5 1992
Wilmington Regional Offico
DEM
_N
I am hereby submitting a stormuster plan for lbadowbrook sub-
division, Section I. This subdivision connects to Gordon Road about
1.3 miles west of its intersection with Highway US 17 (YArket Street)
in New Hanover County.
This subdivision iril.l have curb and gutter with grassed swales.
The allowable impervious area per lot is 1,927 sq. ft.
I am enclosing a maintenance agreement, information pertaining
to deed restrictions -sand protective covenants, an authorization to
submit, and calculations for the velocity in the swales.
Please lot me know if any further information is required.
Yours very truly,,
J. Ward Andrews, P. E.
o ECEE V�
MAY 8, 191