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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