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HomeMy WebLinkAboutSW8050308_HISTORICAL FILE_20191022STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW,,r'�"JU� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS �IiISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE WYYMMDD KA E OF Cri.ROLu'`f k eoertn e�+t oz end date& Resors as 127 Ca=dLal Dr- e y�tenszon � h Wigton, Noah Cazoha 284D5 (910)196-7215 FILF, ACM. S RECORD ACTION � , N MS i (it�detznes �rAccess: '��e staff of'�?"�ta� �egxarrai Of�.ce is dedicated is �a�' g p�bl�c retards �. o eustodvs a�aiXa 'e � ibe pkciic lbrrcw.ew and copying. Wa aho bw� the aesposuszW tg to ha publiafo sa feg�ard thm� , records amd to carry out our day��fl-day programs obliga�ov,�. ?lease read carefalip the following gAafeliacs signing `d1e fo., — Z. S7ae to the raW p6 ie dome. d for ffe ac�essy tie requestt€aatym call $f lvUt a day in. a :fiance to s3W lc as appoi mq:t fig Ti i*w hie fits. A' aiutmsnfs ?vi l be scheduled c eeA 9:00am and3:04 m, Vxe*zngtixae m As at4.45pm. 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Signature xla Namb ofFir usinesa Date Time in Time Out ple= attach a burr em co-d �2 .Fe,Ar m COPIES MADE - -�a Z PAID . — Il 7010E Ads-Qef access ' Lewis,Linda From: Lewis,Linda Sent: Tuesday, October 22, 2019 9:54 AM To: Steven Beattie Cc: Tammy Watson; Scott, Georgette Subject: Bella Sera SW8 050308 Mr. Beattie: os��s It came to my attention that White Partners, LLC, the current permit holder, dissolved their LLC in April 2019. Since it is within the 5 year "winding up" time frame, White Partners, LLC needs to renew the subject permit by submitting a renewal application and $505.00 fee. In addition, White Partners, LLC needs to also submit a transfer application with the renewal, in order to transfer the permit from White Partners to whichever development company will be submitting the upcoming permit modification. All of these actions need to be done in order, with their applicable fees — first renew, then transfer, then modify and finally, transfer to the HOA. Linda Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewls(cDncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares-,-..- .. 01- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ,. , Lewis,Linda From: Lewis,Linda Sent: Tuesday, October 22, 2019 9:54 AM To: Steven Beattie Cc: Tammy Watson; Scott, Georgette Subject: Bella Sera SW8 050308 Mr. Beattie: It came to my attention that White Partners, LLC, the current permit holder, dissolved their LLC in April 2019. Since it is within the 5 year "winding up" time frame, White Partners, LLC needs to renew the subject permit by submitting a renewal application and $505.00 fee. In addition, White Partners, LLC needs to also submit a transfer application with the renewal, in order to transfer the permit from White Partners to whichever development company will be submitting the upcoming permit modification. All of these actions need to be done in order, with their applicable fees — first renew, then transfer, then modify and finally, transfer to the HOA. Linda Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewisCc?ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ��Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ip Lewis,Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Wednesday, October 02, 2019 2:23 PM To: Lewis,Linda Cc: Phil Norris Subject: RE: [External] FW: Bella Sera Stormwater Linda, Good afternoon. This is great news. Thank you for looking into options that help alleviate the issues and remediation. Let me circle up with Phil to see exactly what this entails. From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Tuesday, October 1, 2019 4:31 PM To. Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Phil Norris <pnorris@ntengineers.com> Subject: RE: [External] FW: Bella Sera Stormwater Mr. Beattie: Thanks for the update. I don't know what is going on, either. But, I've spoken to my supervisor about the unique situation you find yourself in and I think we have a solution. Please bear with me while I explain - The basic problem with switching to a different type of BMP is that the rules under which the original permit was issued do not allow the use of a wet detention pond for stormwater treatment within '/z mile of SA waters. The project is within Y2 mile of SA waters. The 2017 rules require a much larger design storm volume to be treated for projects within 1/2 mile of SA waters, which as I understand, is prohibitive in this case. However, the 1995 rules do allow alternative designs that provide equal or better control and equal or better protection of waters of the state and result in no increased potential for nuisance conditions. If you use a wet pond, you will have achieved equal or better control. Since the infiltration basin is not functioning, you will have achieved equal or better protection. If the pond is maintained, there is no increased potential for a nuisance condition to be created. The alternative design criteria from the 1995 rules are: 1. Design for 85% TSS removal. If converting to a wet pond, you'd have to use the 85% SA/DA table that was in use in 1995 to figure the pond's minimum required surface area, 2. Ensure the discharge rate from the system is either: a. A 2-5 day drawdown for the 1.5 inch design storm, or; b. Post -development discharge rate is no larger than the pre -development discharge rate for the 1- yr 24- hr storm. You'd get to keep the 1.5" design storm under the alternative criteria. You may want to consider converting the infiltration area into a small, forebay-like pond that is hydraulically connected to the large county pond. Or, if the county pond can fulfill the above alternative requirements, and has sufficient surface area, the infiltration basin could be filled in and/or grassed over to create more natural area. The inlets would need to be reworked to dump the runoff into the pond instead of the infiltration basin, and the outlet structure may need some adjustments to meet both state and county requirements. Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Tuesday, October 01, 2019 12:31 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] FW: Bella Sera Stormwater Linda, Good afternoon. Not sure what to do here, except to request for the HOA to stop so we can properly assess what is going on. From: Steven Beattie Sent: Tuesday, October 1, 2019 12:26 PM To: 'Chris Manning' <chris@premiermanagementnc.com> Subject: RE: Bella Sera Stormwater Chris, Good afternoon. We have had our team keep an eye on the infiltration pond after the BMP was cleaned out and restored. It looks like the HOA is trying to keep the water level in the wet pond up. Our team has noticed during their visits that water was being pumped into the wet pond and during our initial inspection this year the WQ orifice on the wet pond was closed, see attached picture. Do you know what's going on? I am unsure if this is causing adverse effects on the infiltration pond and water table. Our team cannot definitively determine if there is an issue with the infiltration pond and what that issue is while this is going on. Thank you, Steven From: Chris Manning<chris(@premiermanagementnc.com> Sent: Wednesday, September 18, 2019 6:05 PM To: Steven Beattie <Steven.Beattie 2dewittcarolinas.com> Subject: Bella Sera Stormwater Steven, I hope all is well. I wanted to circle back on this and check in to see what the status was? Any info I can relay to the Board is appreciated. Thank you, Chris Chris Manning, CMCA° AMS' Premier Management Company P.O. Box 12051 Wilmington, NC 28405 P. 910-679-3012 ext 705/ F. 888-799-7626 http-//www.PremierManagementNC.com C201917600062 State of North Carolina Department of the Secretary of State ARTICLES OF DISSOLUTION OF LIMITED LIABILITY COMPANY SOSID: 0722447 Date Filed: 7/5/2019 4:06:00 PN1 Effective: 12/31/2018 Elaine F. Marshall North Carolina Secretary of State C2019 176 00062 Pursuant to §57D-6-09 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. 1. The name of the limited liability company is: White Partners LLC 2. *The North Carolina Secretary of State Id Number (SOSID#): 0722447 3. The effective date (which shall be date certain) of the dissolution is: 12-31-2018 (See instructions) 4. Attach any other information determined by the Company Officials filing these articles. This the 10 day of April 20 19 White Partners LLC NanrA Limited L' bi ' ompany Signature !1 I Ajr Type or Print Name and Tit e Notes: 1. Filing fee is M. This document must be Bled with the Secretary of State. 2. `The SOSIDt# Is not a mandatory field, but aids in identifying the correct entity for Hong. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised 2017) (Form L-07) SOSID: 1492380 Date Filed: 7/12/2019 12:16:00 PM Elaine F. Marshall AMENDED BUSINESS CORPORATION ANN North Carolina Secretary of State 0C201.9 1.93 02165 NAME OF BUSINESS CORPORATION: DeWitt Carolinas Realty, Inc. 1492384 Fang m e Orty SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END 12/31/2018 RAT '' SECTION A: REGISTERED AGENT'S INFORMATION ❑� • D Changes 1. NAME OF REGISTERED AGENT: Michael V Lee 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTnUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 3301 Benson Drive, Suite 103 PO Box 17566 Raleigh, NC 27609 Wake Raleigh, NC 27619 Wake SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 863-1000 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS 3301 Benson Drive Suite 103 Raleigh, NC 27609 Wake 1 5. PRINCIPAL OFFICE MAILING ADDRESS 3301 Benson Drive Suite 103 Raleigh, INC 27609 Wake 6. Select one of the following if applicable. (Optional see instructions) 11 The Company is a veteran -owned small business ❑ The Company Is a service -disabled veteran -owned small business SECTION C. OFFICERS (Enter additional officers in Section E.) NAME: Lonnie C Poole, III NAME: Thomas A. Saieed , Jr. TITLE: Vice President TITLE: President ADDRESS: 3301 Benson Dr Ste 103 Raleigh, INC 27609 Wake ADDRESS: 3301 Bergson Dr Ste 103 Raleigh, INC 27609 Wake NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION Of ANNUALAction D must be completed in its entirety by a persontbusiness entity. SIGNATURE DATE Form, must be signed by an officerr [[[stud under Section C`of Ihts form. � ►'tCY1MGi� I�7 • ��'-t fCQt� �t� P/cS�c,�ec't.'s� Print or Type Name of Officer Print or Type Title of Officer SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $10.00 MAIL TO: Secretary of State, Business Reglstraticn Division. Post Ofrke Box 29525, Raleigh. NC 2762"525 SECTION E: ADDITIONAL OFFICERS NAME: m i k� S NAME: TITLE: Q -�nJ� TITLE: ADDRESS: �3U, B�I�ADDRESS: )Q3 �c,I e i�L NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE! ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: Name: TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: Lewis,Linda From: Lewis,Linda Sent: Tuesday, October 01, 2019 4:31 PM To: Steven Beattie Cc: Phil Norris Subject: RE: [External] FW: Bella Sera Stormwater Mr. Beattie: Thanks for the update. I don't know what is going on, either. But, I've spoken to my supervisor about the unique situation you find yourself in and I think we have a solution. Please bear with me while I explain - The basic problem with switching to a different type of BMP is that the rules under which the original permit was issued do not allow the use of a wet detention pond for stormwater treatment within'/2 mile of SA waters. The project is within '/= mile of SA waters. The 2017 rules require a much larger design storm volume to be treated for projects within '/z mile of SA waters, which as I understand, is prohibitive in this case. However, the 1995 rules do allow alternative designs that provide equal or better control and equal or better protection of waters of the state and result in no increased potential for nuisance conditions. If you use a wet pond, you will have achieved equal or better control. Since the infiltration basin is not functioning, you will have achieved equal or better protection. If the pond is maintained, there is no increased potential for a nuisance condition to be created. The alternative design criteria from the 1995 rules are: 1. Design for 85% TSS removal. If converting to a wet pond, you'd have to use the 85% SAIDA table that was in use in 1995 to figure the pond's minimum required surface area; 2. Ensure the discharge rate from the system is either: a. A 2-5 day drawdown for the 1.5 inch design storm, or, b. Post -development discharge rate is no larger than the pre -development discharge rate for the 1- yr 24- hr storm. You'd get to keep the 1.5" design storm under the alternative criteria. You may want to consider converting the infiltration area into a small, forebay-like pond that is hydraulically connected to the large county pond. Or, if the county pond can fulfill the above alternative requirements, and has sufficient surface area, the infiltration basin could be filled in and/or grassed over to create more natural area. The inlets would need to be reworked to dump the runoff into the pond instead of the infiltration basin, and the outlet structure may need some adjustments to meet both state and county requirements. Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Tuesday, October 01, 2019 12:31 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] FW: Bella Sera Stormwater Linda, Good afternoon. going on. Not sure what to do here, except to request for the HOA to stop so we can properly assess what is From: Steven Beattie Sent: Tuesday, October 1, 2019 12:26 PM To:'Chris Manning' <chris@premiermanagementnc.com> Subject: RE: Bella Sera Stormwater Chris, Good afternoon. We have had our team keep an eye on the infiltration pond after the BMP was cleaned out and restored. It looks like the HOA is trying to keep the water level in the wet pond up. Our team has noticed during their visits that water was being pumped into the wet pond and during our initial inspection this year the WQ orifice on the wet pond was closed, see attached picture. Do you know what's going on? I am unsure if this is causing adverse effects on the infiltration pond and water table. Our team cannot definitively determine if there is an issue with the infiltration pond and what that issue is while this is going on. Thank you, Steven From: Chris Manning <chris@premiermanagementnc.com> Sent: Wednesday, September 18, 2019 6:05 PM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Subject: Bella Sera Stormwater Steven, I hope all is well. I wanted to circle back on this and check in to see what the status was? Any info I can relay to the Board is appreciated. Thank you, Chris Chris Manning, CMCA` AMSO Premier Management Company P.O. Box 12051 Wilmington, NC 28405 P. 910-679-3012 ext 705/ F. 888-799-7626 http://www.PremierManagementNC.com N Lewis,Linda From: Lewis,Linda Sent: Tuesday, September 17, 2019 12:06 PM To: Steven Beattie; Steve Saieed; mhobbs@eccwilm.com; Gregory Everson Cc: Phil Norris Subject: Bella Sera Villas SW8 050308 Mr. Beattie, et.al., Please address the following questions: 1. Has there been any change in the infiltration basin performance? The last communication I have is from August 22, 2019 and indicates that more rigorous vegetation management was being done in an attempt to improve the infiltration time_ Has this been successful? Is the basin dry at this time? The rain from Hurricane Dorian was 13 days ago, so hopefully, it has infiltrated by now. 2. i still do not see where you have submitted a request to renew the permit. The permit expired on April 28, 2019 and has not been renewed. You are currently operating a treatment system without a valid permit. Please take a moment to visit our website (htt s:Hde .nc. ov/aboutldivisions/ener -mineral-land-resources/ener -mineral-land- rules/stormwater-program_ /post -construction) download the renewal application, complete and sign it, and submit it with the $505.00 fee to the Division as soon as possible. If the renewal application is not submitted by Friday, September 27, 2019, the Division will have no choice but to initiate enforcement action. Please note that the transfer of the permit to the HOA cannot be approved until the permit is renewed and the issues with the permitted infiltration basin are resolved. Linda %j Lewis,Linda From: Lewis,Linda Sent: Thursday, August 22, 2019 6:21 PM To: Steven Beattie; Phil. Norris Cc: Steve Saieed Subject: RE: [Externals RE: Bella Sera SW8 050308 Thanks for the update. I hope it helps. When I was last there (after restoration), we had about 1 inch of rain, maybe a bit more or less, and it hadn't infiltrated 5 days later. I honestly don't know what the problem is. Maybe you need to scrape off the top 2-3 inches of the soil surface, scarify and break up the underlying soils, and then add 2-3 inches of nice, clean sand. You can download the renewal application at our website: https://deg.nc.gov/about/divisions/energy- mineral-land-resourceslenergy-mineral-land-rules/stormwater-programlpost-construction. Scroll to the bottom and select the Permit Renewal Form. I understand about the money, but my hands are tied in this matter. I cannot, by law, transfer a permit to an HOA unless it is in compliance. I've already offered all the solutions I know of. I was really hoping that the numbers would work out so the existing county pond could be converted to a state stormwater pond and the infiltration basin could be eliminated and/or filled in. That was my best suggestion. Linda From: Steven Beattie <Steven.Beattie @dewittcarolinas.com> Sent: Thursday, August 22, 2019 5:53 PM To: Lewis,Linda <hnda.lewis@ncdenr.gov>; Phil Norris <pnorris@ntengineers.com> Cc: Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE Bella Sera SW8 050308 Linda, Good afternoon. We have a BMP maintenance contractor routinely visiting the site to treat the vegetation that has grown up during the timeframe of the dry spell this summer, Our team has spent a thousands of dollars to restore this BMP, despite the lack of maintenance or contribution from the HOA. The BMP did in fact infiltrate once it was restored. However, the rain event was not a 1.5". 1 would like adequate time to see if killing off the vegetation will help the infiltration rate. The vegetation is aggressive and nearly took over the infiltration pond again in one month. Can you point me to the correct location for the Permit renewal? This'BMP is turning into a hardship on our organization and any help is appreciated. Thank you for your time, Steven. From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Friday, July 19, 2019 8:35 AM To: Phil Norris <pnorric@ntengineers._com>; Steven Beattie <Steven.Beattie @dewittcarolinas.com> Cc: Steve Saieed <55aieed2portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 Hey Phil. I used the National Weather Service climatological data for the time period of July 13 — July 18. If you have another source of official information regarding daily rainfall totals for this area, please provide it. Thanks, Linda From: Phil Norris <pnorris@ntengineers.com> Sent: Friday, July 19, 2019 8:25 AM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Steven Beattie <Steven.Beattie dewittcarolinas.com> Cc: Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 Good morning Linda ! Just seeing these emails . We are curious as to what documentation you have as to the amount of rainfall at the site and when the last rainfall event occurred at the site . This could have bearing on the water levels you observed . Thanks for getting by there to look at it ! Phil J. Phillip Norris, P.E. NORRI&& TUNST`AI:L. — COPiSUUWG E NGINEERS.PC 1429 Ash -Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax)' pnorris@ptengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the useability or readablility of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Lewis,Linda <linda.lewis@ncdenr,gov> Sent: Thursday, July 18, 2019 6:01 PM To: Steven Beattie <Steven.Beattie @dewittcarolinas.com> Lewis,Linda From: Lewis,Linda Sent: Friday, July 19, 2019 8:35 AM To: Phil Norris; Steven Beattie Cc: Steve Saieed Subject: RE: [External] RE: Bella Sera SW8 050308 Hey Phil. I used the National Weather Service climatological data for the time period of July 13 — July 18. If you have another source of official information regarding daily rainfall totals for this area, please provide it. Thanks, Linda From: Phil Norris <pnorris@ntengineers.com> Sent: Friday, July 19, 2019 8:25 AM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Steven Beattie <5teven.Beattie @dewittcarolinas.com> Cc: Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 Good morning Linda ! Just seeing these emails . We are curious as to what documentation you have as to the amount of rainfall at the site and when the last rainfall event occurred at the site . This could have bearing on the water levels you observed.. Thanks for getting by there to look at it ! Phil J. Phillip Norris, P.E. NoRMIs &TUvsTALL- CONSULTING ENGOMM PC. . 1429 Ash -Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax) pnorris@ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the useability or readablility of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Lewis,Linda <linda.lewis@ncdenr,gov> Sent: Thursday, July 18, 2019 6:01 PM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Phil Norris <pnorris@ntengineers.com>; Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 It seemed like it was a bit lower than the picture shows. It was only a 1 inch rain, which is 0.5 inches less than a design storm and it's been 5 days and it's only infiltrated a little bit. That just doesn't meet the rule requirement to infiltrate within 5 days. Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Thursday, July 18, 2019 5:57 PM To: Lewis,Linda <linda.lewis@ncdenr.goy> Cc: Phil Norris <Pnorris@ntengineers.com>; Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 When you stopped by was it substantially lower than what is shown below? From: Lewis,Linda <linda.lewis@ncdenr.Rov> Sent: Thursday, July 18, 2019 5:56 PM To: Steven Beattie <Steven.Beattie @dewittcarolinas.com> Cc: Phil Norris <pnorris@ntengineers.com>; Steve Saieed <ssaieed@portcityadvisors.com> Subject: RE: [External] RE: Bella Sera SW8 050308 I didn't take pictures, but ] really don't think alligator weed is the problem. If you think it is, then get rid of it and see if that makes a difference. Linda From: Steven Beattie <Steven.Beattie dewittcarolinas.com> Sent: Thursday, July 18, 2019 5:51 PM To: Lewis,Linda <linda.lewis@ncdenrov> Cc: Phil Norris <pnorris@ntengineers.com>; Steve Saieed <ssaieed@portcityadvisors.com> Subject: [External] RE: Bella Sera SW8 050308 Linda, Did you take pictures of your visit? I don't think the SHWT is affecting it. I think the Alligator weed is just slowing it down. Below was taken 7/15/19. From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Thursday, July 18, 2019 4:10 PM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Phil Norris <pnorris@ntengineers.com> Subject: Bella Sera SW8 OS0308 I stopped by the site at lunch today and I observed several inches of standing water in the infiltration basin. I note that the area sustained slightly under one inch of rain on Saturday, July 13, 2019 with only a trace amount falling since then up to right now. ` It is doubtful that the b6sin will be dry by the end of today. The project cannot be called in compliance at this time, and the permit cannot be transferred to the HOA. I think you need to consider the possibility that the water level in the county's pond may be influencing the localized SHWT in the immediate vicinity of the infiltration basin and that the basin will never be able to infiltrate within 5 days if that turns out to be true. One option that is still available is to redesign the existing pond under the 2017 rules to accommodate the runoff from Bella Sera. I am sorry — I had high hopes that this restoration would work. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis ncdenr. ov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 }::� Nothing Compares�� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. C201917600062 State of North Carolina Department of the Secretary of State ARTICLES OF DISSOLUTION OF LIMITED LIABILITY COMPANY SOSID: 0722447 Date Filed: 7/5/2019 4:06:00 PM Effective: 12 /31 /201 S Elaine F. ,Marshall North Carolina Secretary of State C2019 176 00662 Pursuant to §57D-6-09 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. 1. The name of the limited liability company is: White Partners LLC 2. *The North Carolina Secretary of State Id Number (SOSID#): 0722447 3 The effective date (which shall be date certain) of the dissolution is: 12-31-2018 4. Attach any other information determined by the Company Officials filing these articles. This the 1 day of April 2019 (See instructions) White Partners LLC N Limited L' bi ' om ny Signature lhnmes s21 C- _I179R1i�`1 Type or Print Name and Titre J Notes: 1. Filing fee is $30. This document must be filed with the Secretary of State_ 2. *The SOSID# is not a mandatory field, but aids in identifying the correct entity for filing. BUSINESS REGISTRATION DIVISION (Revised 2017) P.Q. BOX 29622 RALEIGH, NC 27626-0622 (Farm L-07) i SOSID: 0896014 Date Filed: 2/19/2019 2:17:00 PNI Elaine F. Marshall North Carolina Secretary of State C2019 045 02070 STATE OF NORTH CAROLINA DEPARTMENT' OF THE SECRCTARY OF , STATE . . DESIGNATION ANDIOR STATEMENT OF CHANGE OF REGISTERED OFFICE, REGISTERED AGENT NAME OR PRINCIPAL OFFICE Pursuant to §55D-31, §55-1-22(26), §55A-16-23(b), §57D-1-22(24), of the General Statuses of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office address, registered agent name, andlor principal office addresses for the State of North Carolina. ]NFORMATiON CURREt;MY ON FIE] 1. TI'm exact name of the entity as listed on the business registry is: WIa Seta Villas at Vineyard Plantation Association, Inc, EmityType: D=esticCorporation. r:ForeignCorporation, J)Nonprofit Corporation LjMmcstie Limited Liability Company, 0Foreign Limited Liability Company 2. (Check only if applicable)=The registered agent name andlor address is not currently on file with the Secretary of State. 3. (Check only if applicable)=Thc principal office address is not currently on file with the Secrttary of State. Rc&tercd Agent Information (complete thu section if there is a reg4teredagent matter and adrfi ass on fife with the Secretary of State) 4. The name'of the current registered agent is: Paul Derek JarTett 5. The street address and county of the entity's registered agent office address currently on file is: Plumber and Street-. 2018 Eastwood Road City: Wilmington state: NC Z13: 28403 County; Now Hanover The mailing address if diffetenifrvm the street address ofthe registered agent offtee address currently on file is: Number and Strect or PO Box: PO Box 12051 City: Wilmington State:l� Zip.28405 County: New Hanover Principal Office Info. tlon (complete this sectiar only j there is a principal off ice on file with the Secretary of Slate} 6. The street address and county ofthe entity's principal office address currently on file is: Number and Street: 2018 Eastwood Road Ciry: Wilmington Stu. NC Zip. 28403 County: New Hanover -Me mailing address if dijferew front the street address of the principal office address currently on file is: Numbez and Street or PO Box: PO Box 12051 € Wilmington saNC 28405 New Hanover t city: 9 Static: Zip: County: BUSINESS REGISTRATION DIVISM PC Box 29622 Raleigh, NC 27626-0622 fRevlsed July, 2017) (Form BEA 7) NEW IVFORIItATION Rrgiitered ,agent Information /complete this section if rite r>✓$isrorer! ag ant Horne' and address is icing rhaugclrl on fire bUriness ' gkoy) 1. The street address and county of the entity's new registered seem WD:C addmss is. Numbcr and Street 1 i85 Eastwood Road Ste 202 City: Wilmington State: NC Zip: 28403 County: New Hanover 2. no inailing address if different from the siren address of the new rcgistcrcd agent office address left Number and Street or PO Box: PC Box 12051 City: Wilmington ststa; NC Zip: 29405 County; New Hanover 3. The n me of the nt:w reoisurcil agent and the new agent's conscni to appoin P. a3 bel ow: Paul Derorc 3arratt Type or'i'rinlNerrrtrof ewRegfSfe?-end Agent cgrrtarure h Title 4, The address of the entity's tmgistaW office and the address of the bwincss office of its regisicmd agrni� as ehat-cl is the same location. Principal t]fTice Information (Lwiplem this section only ff titan Is a principal glfsr e oufrlr tvlth the Secretary ofStafe) 5. The sbxct address anti cotmty of the new principal office address is: Number and Street: 1985 Eastwood Road Ste 202 City; Wilmington 51ate: h G Zip: 28403 County: New Hanover 6. The mailirtg address if dirrrmrfront Me ureet address of the new principal office address: Number and Street or PO Box: PO Box 12051 City, Wilmington � SLUZ: NC Zip..2W5 County. New Hanover 7. This statement will be cITCctiae kipar filing, unless a date andlor time is spcciticil: This the 1 St day of February . 201I Bella Sera Varas at Ytneyartf Plantation ASeoaiatlon, Inc. nry A'antc 5fg,rurrcrr obert C. Kaess, President 7�Pe or Print Name and Title Nvle: Filing rre is SID-00. This document must be filed with tier NC SLY-13ry of Sta:c c • Inswad of signing hest. the new registered agent troy sigh a sepnrat< wriMn consent to the appoinrmcnL which must be anacbed to this doLumcm upon submission for fiiing. BUSINESS REGISTRATION DWISION PO Box 29622 Raleigh, NC 27626.0622 (RevisedJulyf, 2027) (Form BE-17) 3301 Benson drive, Ste. 103, Raleigh, NC 27609 1919.277.7966 1 Steven.Beattie@Dewittcarolinas.com Date: March 20th, 2019 NC Department of Environmental Quality Wilmington Regional Office 1.27 Cardinal Drive Extension Wilmington, NC 28405 Dear Linda Lewis: 1 am writing this letter in response to the enforcement notification on Permit SW8 050308. White Partners, LLC has been taking the proper steps to address the noncompliance issues noted in Notice of Violation. Since this notice While Partners, LLC has done the following: • Deeded over the final common area to the HOA, B5230, PG.2756. • Field investigations have been done by Coastal Carolina Resources Group. • Field investigations have been done the Engineer of Record, Dorris & Ttmstall Consulting Engineering, P.C. • BMP Conversion and design analysis performed by Norris & Tunstall Consulting. • BUA Limits have been verified to ensure compliance for the permit modification. • SWM Transfer Permit has been filled out. The final issue of noncompliance is the infiltration pond. White Partners, LI.,C is of the opinion the infiltration pond is out of compliance because of tittle or no maintenance performed by the HOA. However, a Site Contractor was lined up to perform the work and later hacked out in October 2018. From that point on it has been difficult to find a contractor to perform this work for various reasons, inundation from Hurricane Florence, Holidays or an extensive backlog of work. This issue caused a major delay in the project along with the BMP conversion evaluation. For the above mentioned 1 feel as if a fine to White Partners, LLC would be unwarranted. East Coast Contracting has been engaged, performed a site visit in January and has been working with White Partners, LLC on pricing. When you are ready, we can schedule a preconstruction meeting with all parties. However, before we do so we must gain permission from the HOA to enter on to the property as this land has been deeded over. Sincerely, Steven Beattie, Director of Pre -Development CC'd: Steve Saiced, Mike Hobbs Lewis,Linda From: Steven Beattie <Steven.Beattie@dewittcaroIinas.com> Sent: Wednesday, March 20, 2019 5:50 PM To: Lewis,Linda Cc: Everett Daniels; Steve Saieed; Mike Hobbs Subject: RE: [External] Bella Sera Villas SW8 050308 Attachments: DENR Response.pdf Linda, Good afternoon. Attached is my response and justification on why I believe a fine is unwarranted. Again, I apologize this has dragged on. However, White Partners, LLC is committed to remedy the issue and feel as if we have a solution. Please read through the attachment and let me know when you are available to meet on site. Thank you for your time and patience, Steven From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Friday, March 15, 2019 9:32 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com> Subject: RE: [External] Bella Sera Villas SW8 050308 appreciate the reply, but I must move on with the enforcement. If you will kindly make your argument in writing by the due date that will be set forth in the letter that will be mailed out soon, we will forward that to the Director for his consideration in determining what the amount of the fine will be, if any. Linda From: Steven Beattie <Steven. Beattie2dewittcarolinas.com> Sent: Wednesday, March 13, 2019 5:19 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett:Daniels@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com> Subject: RE: [External] Bella Sera Villas SW8 050308 Linda, Good afternoon. Letting you know I have received your email. I apologize that this issue has dragged on. I will provide you with an explanation and a couple points I would like to discuss with you by the end of the week. Apologies, Steven From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Tuesday, March 12, 2019 11:40 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: shill@nten�ine ers.com; Everett Daniels <Everett.Daniel_s__@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com>; nick@ccrgnc.com; kin.liversidge„egmail.corn; Phil Norris <pno_rris@ntengineers.com> �^ Subject: FW: [External] Bella Sera Villas SW8 050308 Mr. Beattie: I have still not received anything from you regarding a solution to the situation at Bella Sera Villas. Our last correspondence was October 11, 2018, where you indicated that you had hired Norris & Tunstall to conduct an investigation into how the project can be modified, but to date, no modification has been submitted and the site has not been restored to compliance. You have had ample time and several extensions of time to either propose to modify the site, or to restore the site to the permitted condition. This has dragged on for far too long, so at this time, I am forced to initiate a recommendation for enforcement. You will receive an opportunity to provide your side of the story within 10 days of receipt of the letter. Your comments will be sent up to the Director for his consideration in determining the amount of the fine, if any, that will be imposed. I respectfully suggest that your money would be more wisely spent in gaining compliance rather than paying a fine. Please also note that this permit will expire on April 28, 2019. The expiration of the permit does not relieve you of the obligation to comply with the permit. The time for action is now. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.iewis(ancdenr. ocovv Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compares-,.,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:47 AM To:'Steven.beattie@dewittcaroiinas.com' <steven.beattie@dewittcarolinas.com> Subject: FW: [External] Bella Sera Villas Mr. Beattie: Is there any progress on this modification that you would like to report? Our last correspondence was June 8, 2018 where you informed the Division that Norris & Tunstall had been released to pursue the possibility of modifying the county pond to meet the 2017 rules. I provided some information to NT back in late July, but have not heard anything since then. Please let me know what's happening. Thanks, Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:16 AM To:'Joseph Hill, Jr., P.E.' <Lhill@ntengineers.com> Subject: FW: [External] Bella Sera Villas Mr. Hill Has there been any progress on this modification? I have not heard anything since the end of July. Linda From: Lewis,Linda Sent: Friday, July 27, 2018 11:55 AM To: 'Joseph Hill, Jr., P.E.' <ihill@ntengineers.com>; Coburn, Chad <chad.coburn2ncdenr.g > Subject: RE: [External] Bella Sera Villas Mr. Hill It's not the end of the world — the project can still be converted to a wet pond but because the project is within % mile of SA waters, the wet pond has to be designed per NCAC 02H.1019(7)(c) for a discharging SCM within '/z mile of SA waters. This includes a pre/post 1 yr. 24 hour design storm and the need to infiltrate the stormwater through 18" of sand before discharge, and to direct the discharge into a level spreader and vegetated filter. The 18" of sand can be incorporated into the bottom of the "blind swale" that delivers the discharged runoff into the vegetated filter. Linda From: Joseph Hill, Jr., P.E. [mailto:ihill@ntengineers.com] Sent: Friday, July 27, 2018 11:36 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Cc: Lewis,Unda <iinda.lewis@ncdenr.gov> Subject: Re: [External] Bella Sera Villas `Thanks Chad .... Not what I was hoping for, but as they say - it is what it is. Joey Hill Joseph Hill Jr., P.E. NQR.RLS,. & ,TuNSTTAI L C,ONSULTIING ENGINEF.RS.P.C'� 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorris a@ntengineers.com www.ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: "Coburn, Chad" <chad.cn urnEncdenr.Rov> Date: Friday, July 27, 2018 at 11:24 AM To: "Joseph Mill, Jr., P.E." <ahill nten ineers.com> Cc: "Lewis,Linda" <linda.lewis@ncdenr.gov> Subject: RE: [External] Bella Sera Villas This site appears to be within 0.5 miles of both Pages and Futch Creeks based upon the information below. From: Joseph Hill, Jr., P.E. [mailto:ihill@ntengineers.com] Sent: Friday, July 27, 2018 11:05 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Re: [External] Bella Sera Villas On southwest side of Futch Creek Road, at the intersection of Tuscan Way and Futch Creek Road on " south " side ; and the intersection of Bella Sera Way and Futch Creek Road on the " north "side. It is a duplex development with a pond in the center. Shows up nicely on google maps. Thanks for your help. Joey Hill Joseph Hill Jr., P.E. NQRRIS, & TUNSTALL CONSULTING lENGINEBRS P.C: 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorrisC@ntengineers.com www,ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating Systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstail Consulting Engineers, Inc. in the preparation of such data. From: "Coburn, Chad" <chad.coburn@ncdenr.gov> Date: Friday, July 27, 2018 at 10:50 AM To: "Lewis,Linda" <linda.lewis@ncdenr.gov>, "Joseph Hill, Jr., P.E." <ihill@ntengineers.com> Cc: "Mairs, Robb L" <robb.mairs@ncdenr.gov> Subject: RE: [External] Bella Sera Villas Where is this site located? From: Lewis,Linda Sent: Friday, July 27, 2018 10:44 AM To: Joseph Hill, Jr., P.E. <ihil9@ntengineers.com> Cc: Coburn, Chad <chad.coburn,@n„cdenr.gov>; Mairs, Robb L <robb.mairs ncdenr.gov> Subject: FW: [External] Bella Sera Villas T I misspoke — you can contact Chad or Robb with DWR for assistance in locating the source of the stream. Linda From: Lewis,Linda Sent: Friday, July 27, 2018 10:42 AM To: 'Joseph Hill, Jr., P.E.' <jhill@ntengineers.com> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [External] Sella Sera Villas ►►=00nI You can contact Chad Coburn or Robb Mairs with DWR for assistance in locating the "source" of the SA waters. Linda From: Joseph Hill, Jr., P.E. [mailto:ihill@ntengineers.com] Sent: Friday, July 27, 2018 10:36 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Re: [External] Bella Sera Villas Ms. Linda Lewis: Linda, Good morning. Are you saying the SA waters start at the upstream tip of the blue line representing Futch Creek on the map you referenced? I referred to this map before I emailed yesterday. I don't want to assume that what I think appears to be the beginning of the SA waters actually is. Can you suggest a DWR person in the WiRO who could help me with this? If you are saying you have checked it out, and we are not subject to SA requirements, that would be great. I need to be certain so we can explain to the client what each alternative involves. In years past the SA waters would be defined as something.like " from source to Intracoastal Waterway ", and the trick was to define where the source was. In this case the map shows a symbol (s) for marsh upstream of where the blue line stops. I need to find out if the SA designation continues beyond where the blue line ends, and if so for how far, because the distances become critical at that point. Thanks for your help. Joseph Hill Jr., P.E. NO►RRIS., & TIWSMUA L- CANSUJIaMG ElVG1NEP tSP.Cc 902 Market Street, Wilmington, INC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorrisftntengineers.com www.ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: "tewis,Linda" <linda.lewis@ncdenr.gov> Date: Friday, July 27, 2018 at 8:48 AM To: "Joseph Hill, Jr., P.E." <ihill@ntengineers.com> Subject: RE: [External] Bella Sera Villas Mr. Hill The process is to apply for a modification and to provide the supporting documentation. I would not have put that suggestion out there if I had not already checked into it. The Bella Sera HOA really wants this issue fixed and I think converting to a wet pond is a very legitimate way to it. The other problem that has not been addressed is whether or not the pond can meet the 2017 MDC for average depth, surface area and volume, and whether the existing infiltration area overflow structures can be converted or redesigned to allow that area to function as a forebay for the wet pond. If there is sufficient surface area, another possibility might be to redirect runoff into a newly created forebay within the existing pond at each point where runoff enters, and then fill in the existing infiltration area. Right now the runoff from the site goes into the infiltration basin first, and only overflows into the county's pond after the design storm volume has been exceeded. The extent of SA waters is as written in the schedule of classifications maintained by the Division of Water Resources. DEMLR has no part in identifying those waters. DWR maintains a surface water database that you can use to pinpoint the project's location and measure the distance to the SA waters: https:llncdenr._maps.arcgis.com/apps/webapoviewer/index.html?id=6e125ad7628f494694e259c80dd 64265 Linda 6 From: Joseph Hill, Jr., P.E. [mailto:ihill@ntengineers.com] Sent: Thursday, July 26, 2018 3:47 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Bella Sera Villas Ms. Linda Lewis: Linda.... I am helping Phil !Norris with this project. In a May 9 email to Steven Beattie, you indicated the project may no longer be within the 0,5 mile SA limit. Looking an the surface waters classification map, I measure 4350 ft to the blue line stream. I know other factors are considered, however. Is there a specified procedure or written request to go through to get clarification? It would mean a lot to this project if we could make a conventional wet pond work. Thanks.... Joey Hill . Joseph Hill Jr., P.E. NORRIS & 'TUNSTAI.L CONSULMG ENGINEERS PC:---- 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorris[@ntengineers.com www.ntengineers.corn It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. in transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. Postal CERTIFIED MAILm RECEIPT ra (Domestic m For delivery Information visit our website at rN- U (�- Postage $ O Certiflod Fee Iv C3 Return Reoelpt Fee Postmark Hero 4 +� 1 � (Endorsemenw Requred) 0 0 Restricted Doltvery Fee (Endorsement Required) \ f O m —D Total Postage & Fees Ill m PatYA 5 LLC ?h0 5;'r 7r r% -------=-- trees; f4p1. Na.; 1 n or PO Box No. 3Uj L•, �, S� '0 -I -Be1oan city Stara, zrP+�a+Ra/� 9 � N(f 07&0 g? PS Form :rr August 2006 See Reverse for Msirtictions Energy. Mineral & Land Resources ENVIRONMENIAL QUALITY August 16, 2017 CERTIFIED MAIL 97013 2630 0002 0760 7318 RET'uiiN RECEIPT REQUESTLD White Partners, LLC ATTN: Thomas A. Saieed, Jr., Manager -%) Benson Drive, Suite 103 Raleigh, NC 27609 Subject: NOTICh OF VIOLAT.ION, NOV-20.17-PC-0559 Bella Sera Villas Stormwater Management Permit No. SW8 050308 New 1I.anover County Dear Mr. Saieed: ROY COOPER Governor MICHAEL S. REGAN Secreror}• TRACY DAVIS Director On January 25, 2016, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEAVILR) performed a Compliance Inspection of the subject. project, located off Futch Creek Road in New l4anover County, North Carolina. A follow-up inspection was conducted on February 3, 20 i 6, and copies of both compliance inspection reports was mailed to you on February 8, 2016. Tile inspections were performed to determine the status of compliance with Storntwater Permit Number SW8 050308, issued to White Partners; LLC on April 28, 2005, The project has been found in violation of Stortnwater Permit Number SW8 050308, issued pursuant to the requirements of the stormwater rules, 15A NTCAC 211.1000. The violations found are: Failure to Operate and Maintain the S'tormwater _Syem. Per Schedule of Compliance Condition 1.1.3 of the permit, the Pennittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The infiltration basin does not appear to be infiltrating the design storm within the required 5-day maximum time frarrie. Tile required maintenance to restore the infiltration basil] to design condition has not been performed. Failure to receive prior approval for changes to the ap�rovea plan. Per Schedule of Compliance Condit Ion 11.9 of the Permit, the permitt.ee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans. A portion of the development was changed from attached single family to just single family without benefit of prior approval by the Division. Failure to notid, the Division of hange of ownership. Per General Condition III.1 of the pertnit, the pennittee must submit a formal request to the Division, to transfer the permit to a new owner. On November 19: 2014, the permittee conveyed the common areas of the subdivision to the HOA, and their declarant rights were conveyed to Foreverl-lome of Wilmington, LLC, which subsequently filed for bankruptcy. On October 12, 2016, the remaining lots were purchased by Coastal Home Corporation. The pennit ee did not notify the Division of any of these ownership changes. Failure to noti& the Division of a change of mailing address. Per General Condition III.9, the permittee is required to notify the Division of any name; ownership or mailing address changes within 30 days. The mailing address provided on the 2005 permit application is 1135 Military Cutoff Road, Suite 201, Wilmington NC 28405. however, the NCSOS annual reports indicate that the corporate mailing address is 3301 Benson Drive, Suite 535 (now Suite 103), Raleigh NC 27609. 5tateofNorthCarolina 1 Cnvironrile ntalQuality I Energy. Mineral and Land Resources Wiliningtun Regional Office 1 127 Cardinal Drive Extertsion I Wilmington. NC 25405 910 796 7215 State. Stormwater Perinit No. S` S 050308 Page 2 of 2 To correct these violations you must: Perform the necessary maintenance to restore the infiltration basin such that it will draw down within 5 days. 2. Submit a permit modification to reflect the changes to the lot lines; lot layout and/or to the number of lots due to the switch from attached single family to single fat»ily, Complete, sign and submit a Permit Transfer Application Request form to initiate the process of transferring the permit to the i-IOA. Please note that you must include the contact information (name, mailing address, etc.) for the Bella Sera Villas @ Vineyard Plantation Association, Inc. on that form. If ','Oil elect to use St. 201 1-256 to transfer the permit, please -note that the 1-10A is not required to sign off on the form, but the project must be deierrrtined to be in compliance with the permit before the Division can transfer the permit to flte I-10A, Please provide a "Plan of Action" by September 16, 2017 to DEMLR that states how and when these violations xvill be corrected, if we do not receive your plan of action by this date you will be in viotation of l 5A iNCAC 21-1.1000, which could result in the initiation of enforcement action which may include reconinten(1ations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the New Hanover County Building Inspector; this offtce•is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for all lots in this project until this matter is satisfactorily resolved. If you have an), questions concerning this matter, please call Linda Lewis at (910)- 796-7215. Sincerely, a: Trace Day s, l`{ Directorc� 1)1%11s10n of Energy; Mineral, and ]land Resources GDSlarl: G:111Storrnwater\Permi1s & Projects120051050308 I-ID12017 08 NOV 050308 cc: Phil Norris, P.E.. Norris & Tunstall David Riggs, President, Belia Sera Villas @Vineyard Plantation; Inc. (c/o Premier Management. Co., PO Box 12051 Wilmington NIC 28405) Elizabeth Voltz- Registered Agent, White Partners, LLC (3605 Clemvood Ave. Ste, 480 Raleigh NC 27612) Lonnie Poole, I1I, Manager; White Partners, LLC (PO Box 17566 Raleigh TTC 27619) Dan \Veldon, President; Coastal Home. Corporation (PO Box 1377 Wrightsville Bch 1vC 28480-1377) New Hanover Count.' Building Inspections Brad Cole, P.L.. DEIMLR Georgette Scott, Wilmington Regional Office Stormwater Supervisor WIRO Storinwater Pile Sialz p1'tJortll Carolina 11-nvircrnntMtal Quality I Encr'gy. Mineral and Land Rf$OUf CCS VViimington Rcgiona€ O.°icr• i I7�,r,3rdinai Drive Extension I WilniialytUn, KC 25405 910 796 7215 Lewis,Linda From: Lewis,Linda Sent: Wednesday, May 15, 2019 12:14 PM To: Steven Beattie; Phil Norris Cc: Steve Saieed; Mike Hobbs; Gregory Everson Subject: RE: [External] Bella Sera Villas SW8 050308 au If the work was completed on or about May 9, 2019, then it's only been 6 days. In that 6 days we've had 0.18 inches of rain. I would expect that the basin would be dry on Friday because we haven't had any rain and the system hasn't really been tested yet. I will not be able to inspect for compliance until we get a 1.5" or larger rain event and then I can visit the site 5 days later, assuming it doesn't rain in that 5 days. I was hoping that the rain this past weekend was going to be more than it was. That's part of the compliance / transfer process we all just have to wait for and deal with. Linda From: Steven Beattie <Steven.Beattie @dewittcarolinas.com> Sent: Wednesday, May 15, 2019 11:22 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> ` Cc: Steve Saieed <ssaieed@portcityadvisors.com>; Mike Hobbs <mhobbs@eccwilm.com>; Gregory Everson <geverson@eccwilm.com> Subject: RE: [External] Bella Sera Villas SW8 050308 c Bxternal email. Do not click Inks or open attachments unless.you verify. Send all suspicious email as an•attachmegt to >h , report soaMpa@ Gov. - Linda, Good morning. Looks like the weather is holding off for us. Friday will be the 5" day without rain. Will it be possible to have a site inspection then? As finicky as the weather has been this year I want to try to seize these windows when we can. Thank you for your time, Steven From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Monday, May 13, 2019 12:04 PM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Subject: RE: [External] Bella Sera Villas SW8 050308 I don't have a specific date in mind — it's workload- and weather -dependent because this is an infiltration system and I need 5 days without rain before I can inspect. Linda Lewis,Linda From: Phil Norris <pnorris@ntengineers.com> Sent: Thursday, May 09, 2019 3:00 PM To: Lewis,Linda; Steven Beattie Cc: kin.liversidge@gmaii.com - Subject: RE: [External] Bella Sera Villas SW8 050308 o External email. Do not click links or open attachments unless you verify. Send all suspicious emaillas.an attachment to repoTtspam@nc.sov-- Linda , We conducted a site visit today and believe that the corrective work has been completed to the point that you can schedule a site visit . Please let us know if you have any questions . Thank you ! Phil J. Phillip Norris, P.E. NORRIS & TUNSTALL -- CONSU1.;1 UNG ENGINEERS RC. ----w 1429 Ash -Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax) norris nten ineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the useability or readablility of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Thursday, April 4, 2019 9:57 AM To: Phil Norris <pnorris@ntengineers.com>; Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: kin.liversidge@gmail.com Subject: FW: [External] Bella Sera Villas SW8 050308 of Mr. Beattie indicates that he is ready to move forward with restoring the infiltration basin to design condition. He is concerned about accessing the site and gaining permission from the HOA. Please note that the HOA cannot stand in the way of the permittee doing what needs to be done to gain compliance. Lewis,Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Tuesday, April 16, 2019 11:45 AM To: Chris Manning,- Lewis,Linda Subject: [External] Bella Sera c External entail. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to re ort.s m €tc. ov Chris/Linda, Good morning. Just keeping you two updated. We are waiting until after Easter break to begin the work. E �I Steven Beattie Director of Pre -Development 3301 Benson Drive Suite 103 Raleigh, NC 27609 Mobile 910.690.8140 1 Direct 919-277.7966 1 Main 919.863.1000 I o Lewis,Linda From: Chris Manning <chris@premiermanagementnc.com> Sent: Thursday, April 04, 2019 2:48 PM To: Steven Beattie; Lewis,Linda Cc: Bob Kaess Subject: RE: [External] Bella Sera Villas SW8 050308 Attachments: Bella Sera Declarations Amended and Restated.pdf Pro o t ir rnal marl I]i3 not{click links oraapen�atta�chments unless�yo 'uenfy;ASend all`suspieiaus email as'an attachment to , Steven and Linda, The HOA specifically provides for granted easement in the Revised Declaration (attached; section 8.6) to White Partners to do whatever is required to bring the storm water system into compliance in order to transfer the SW permit. The HOA is fully in favor of allowing White Partners to do what is required and the board would only ask for advance communication as to dates of work so that they can alert residents. Also, Please remove all other parties from future communication and only include Bob Kaess (current board president) and myself. The other residents who had been involved are no longer on the board and do not need to be in the loop. Let me know how I can assist and thank you, Chris Chris Manning, CMCAA AMS' Premier Management Company P.O. Box 12051 Wilmington, NC 28405 P. 910-679-3012 ext 705/ . F. 888-799-7626 http://www.PremierManagementNC.com From: Steven Beattie <Steven.Beattie @dewittcaroIinas.com> Sent: Thursday, April 4, 2019 10:06 AM To: Travis Crow<travis@premiermanagementnc.com>; Chris Manning <chris@premiermanagementnc.com> Subject: FW: [External] Bella Sera Villas SW8 050308 Travis/Chris, See below. Can you please begin working on a formal rights of access to bring this pond back into compliance? From: Lewis,Linda <linda.lewis@ncdenr.Pov> Sent: Thursday, April 4, 2019 9:57 AM To: Phil Norris <pnorris@ntengineers.com>; Steven Beattie <Steven. Beattie@dewittcarolinas.com> 1 Book 6181 Page 1346 have been made with.the utility company furnishing electric service. Such easements for underground services shall be kept clear of all other improvements, including buildings, or other paving, other- than crossing driveways, walkways, patios, or parking areas. Section 8.5. Emergency Access. In case of any emergency originating in or, threatening any Villa, regardless of whether the Owner is present at the time of such emergency, the Association, or any other person authorized by it, shall have the right to enter any Villa for the purpose of remedying or abating the cause of such emergency and making any other necessary repairs not performed by the Owners, and such right of' entry shall be immediate. In addition, all police, fire protection, ambulance and all similar persons shall have the right to enter upon the streets, driveways and other parts of the Common Area in the performance of (heir. duties, Section 8.6. Access by White Partners, LLC. White Partners, Ll-C, shall have full rights of inl,ress and egress to and through, over and about the Property during such period of time as White Partners, 1. LC holds the Storm Water Management Permit Number SW8 050308 for file purpose of completing the storm water system in compliance with said permit prior to transfer to the Association. ARTICLE IN USE RLSTRICTIONS Section 9..1. Residential Use Only. I?ach Owner shall use his Villa for residential purposes only; and shall not permit his Villa to be used in any unlawful manner. Flowcver, to the cxtcnt pertained by law, any Owner may use his Villa as a home office provided that such dome office use (a) is ancillary to the residential use, (b) does,not generate any excessive pedestrian or vehicular traffic to or from his Villa or the common Area, and (c) does not cause any disturbance of other residents or occupants of the Property. Section 9.2. Care and Maintenance. F"ach Owner shall (a) keep the interior of his Villa including, but not hinitcd to, all appliance and utility systems, and the exterior of the Lot in a safe, neat and clean condition at all times; (a) permit no unsafe or unsanitary conditions in his Villa or on his Lot; (b) comply with anv and all obligations imposed upon owners by applicable building and housing codes; and (c) not deliberately or negligently destroy, deface, damage or remove any part of any Villa or the Common Areas, or kno.vinbly permit any person to do so. If an Owner fails to comply with the standards or rcquirenients of the Association relative to maintenance after written notice to do so, the Association shall have the right to undertake the necessary maintenance or repairs at the expense of the defaulting Owner, is provide(] in Section 6.2. Section 9.3. Offensive Activity. (a) No noxious or offensive trade or activity shall be conducted upon any Lot, or in the Common Area, nor shall anything he done thereon which maybe or may become an annoyance or nuisance to, or endanger the safety of, any resident of the development, Owner, Board Members and/or association agents, service providers and/or employees or which shall, in any way, interfere with residents' use and enjo}'meat of their Lots and/or the Common Area and facilities thereon; provided, however that the Board may decline to involve itself or the association in disputes concerning Lot Owners if such dispute does not involve the Common Area, and if the Board detcnnines that in view of the possible expenditure of time, effort and costs involved in attempting to resolve the dispute, it would not be in the best interests of tite Association to become involved. CC&Rs — Bella sera villas at Vineyard Hantation liontcowncn Assgciatinn 19 Book 6181 Page 1324 BK: RB 6181 1I1�I4�4��11II1�����4I114�1llllll �� II��1 PG: 1324-1364 2018035576 Nr. ITE. gas N 111-28-2018 NEW HANOVER COUNTY, NC 02'.07:48 PM TAMPAY THEUSCH [35ASLEY L3Y:AN1)R�ACm:S4Vi":LL REGISTEROFDEEDS AS ;ISI ANS AMENDED AND RESTATED DECLARATION of COVENANTS, CONDITIONS, AND RESTRICTIONS for BE.L.LA SERA VI.L'LAS AT VINEYARD PLANTAT[ON THIS DOCUMENT REGULATES OR PROII[BITS THE DISPLAY OF TTIE FLAG OF THE UNITED STATES OF AMEIZICA OR STATE OF NORTH CAROLINA THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF PO.LI.TICAL SIGNS CC&Rs — I3ciia Sera Vilias at Vineyard i'lantation Homcowncr5-Associatian Book 6181 Page 132E AMENDED AND RESTATED D1?CLAIUATI0N O1<COVENANTS, CONDITIONS, AND 1USTRICTIONS FOR BELLA SERA VILLAS AT VINEYARD PLANTATION This Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Bella Scra Villas at Vineyard Plantation ("Restated Declaration") is made and entered into as of this ___ day of 2018 by Bella Sera Villas at Vineyard Plantation Association, lite., a North Carolina nonprofit corporation ("Association"). BACKGROUND STATENLLNT A. The Association is the property owners' association charged with the responsibility for .the operation of that certain real property known as Bella Sera Villas at Vineyard Plantation located in New lanover County, North Carolina, and described in a Declaration recorded in Book 5002, Page 1 l 13,,,Few Hanover County Register of Deeds ("Original Declaration"), as amended by that Amendment recorded in Book 5153, Page 765, New Hanover County Register of Deeds and as may have been otlicrNvise previously amended from tsnie to time, including, but notlimited to, the addition of real property subject to said Original Declaration, this Restated Declaration being effective and applicable to all such additions, 13. The Original Declaration provides in Article X1, Section 113 that the Original Declaration can be amended by an affirmative vote of at least sixty-seven percent (67%) of the votes, of the Members, Lot/Unit Owners. C. This Restated Declaration set forth below has been adopted by an affirmative vote of at least sixty-seven percent (67%) of the votes of the Members, Lot/Unit Owners in person, by proxy, or by ballot, and has otherwise been properly adopted and approved as required by the Declaration, Bylaws and Articles of Incorporation, as applicable. 1). That the President or Vice President of the Association has been duly authorized and empowered to execute this Amendment and to cause the same to be recorded in the New Hanover County Register of Deeds as the binding act of the Association, its Members, l mt/Unit Owners and Board of Directors. Now therefore, in consideration of tfte recitals set forth above, and as the act and deed of the Association, its Members, Loi/Unit Owners and Board of Directors, hereby adopts this Restated Declaration which shall apply to all the property originally subject to, annexed to, or othcnvise subject to the Original Declaration, which real property shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants and conditions and the provisions of Chapter 47F of the General Sttttutes of North Carolina, known as the North Carolina Planned Comrtumity Act (tile "Act"), which are for the putlxise of protecting the value and desirability of the property and which will run with the real property subject to this Restated Declaration. "Phis Declaration shall be binding on and shall inure to the benefit of all parties having any right, title or interest in the Property or any part thereof., their heirs, successors, and assigns. Upon recordation, this Restated Deelaration shall -be deemed to supersede and replace, where applicable, the Original Deciaraticin recorded in Book 5002, Page l 1 13, New Hanover County Register of Deeds. CC&Rs— Hella Sera Villas at Vineyard Plantation Itoiriwwners Association dewitt 3301 Benson drive, Ste, 103, Raleigh, NC 27609 1919,277.7966 1 Steven.Beattie@ Dewittcarolinas.com Date: March 20th, 2019 NC Department of Environmental Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Linda Lewis: I am writing this letter in response to the enforcement notification on Permit SW8 050308. White Partners, LLC has been taking the proper steps to address the noncompliance issues noted in Notice of Violation. Since this notice White Partners, LLC has done the following: • Deeded over the final common area to the HOA, 85230, PG.2756. • Field investigations have been done by Coastal Carolina Resources Group.' • Field investigations have been done the Engineer of Record, Norris & Tunstall Consulting Engineering, P.C. • BMP Conversion and design analysis performed by Norris & Tunstall Consulting. • BUA Limits have been verified to ensure compliance for the permit modification. • SWM Transfer Permit has been filled out. The final issue of noncompliance is the infiltration pond. White Partners, LLC is of the opinion the infiltration pond is out of compliance because of little or no maintenance performed by the HOA. However, a Site Contractor was lined up to perform the work and later backed out in October- 2018. From that point on it has been difficult to find a contractor to perform this work for various reasons, inundation from Hurricane Florence, Holidays or an extensive backlog of work. This issue caused a major delay in the project along with the BMP conversion evaluation. For the above mentioned I feel as if a fine to White Partners, LLC would be unwarranted, East Coast Contracting has been engaged, performed a site visit in January and has been working with White Partners, LLC on pricing. When you are ready, we can schedule a preconstruction meeting with all parties. However, before we do so we must gain permission from the HOA to enter on to the property as this land has been deeded over. Sincerely, ,,24� Steven Beattie, Director of Pre -Development CC'd: Steve Saieed, Mike Hobbs Lewis,Linda From: Lewis,Linda Sent: Thursday, April 04, 2019 9:56 AM To: 'Phil Norris'; 'Steven Beattie' Cc: 'kin.liversidge@gmail.com' Subject: FW: [External] Bella Sera Villas SW8 050308 Mr. Beattie indicates that he is ready to move forward with restoring the infiltration basin to design condition. He is concerned about accessing the site and gaining permission from the HOA. Please note that the HOA cannot stand in the way of the permittee doing what needs to be done to gain compliance. Mr. Liversidge, when Mr. Beattie contacts the HOA to gain access to the site, please make sure it is granted. If the HOA does not hear from Mr. Beattie by the end of the month, please let me know. Phil- please make sure that Mr. Beattie does what he needs to do to restore the site to compliance. Please provide a status report on the progress that has been made so far. Thanks, Linda From: Lewis,Linda Sent: Tuesday, March 26, 2019 10:48 AM To: 'Steven Beattie' <Steven.Beattie @dewittcarolinas.com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Steve Saieed <ssaieed@portcityadvisors.com>; Mike Hobbs <m hobbs@eccwi Im.com> Subject: RE: [External] Bella Sera Villas SW8 050308 I can talk to your engineer if they have questions. I don't know what you mean by a "go to meeting". We don't need a pre -construction conference to restore the system to what it was permitted to be. You should discuss the work to be done with your consultant to conform the project to the current approved plans and taking the previous inspection report into consideration. Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Tuesday, March 26, 2019 9:19 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels dewittcarolinas.com>; Steve Saieed <ssaiee�portcityadvisors.com>; Mike Hobbs <mhobbs@eccwilm.com> Subject: RE: [External] Bella Sera Villas SW8 050308 o External email. Do, not click links or open attachments unless you verify. Send all suspicious email as an attachrnenCto re arts am n oy Lewis,Linda ------------ From: Lewis,Linda Sent: Tuesday, March 26, 2019 10:48 AM To: 'Steven Beattie' Cc: Everett Daniels; Steve Saieed; Mike Hobbs Subject: RE: [External] Bella Sera Villas SW8 050308 can talk to your engineer if they have questions. I don't know what you mean by a "go to meeting". We don't need a pre -construction conference to restore the system to what it was permitted to be. You should discuss the work to be done with your consultant to conform the project to the current approved plans and taking the previous inspection report into consideration. IWTF1 From: Steven Beattie <Steven.Beattie @dewittcarolinas.com> Sent: Tuesday, March 26, 2019 9:19 AM To: Lewis,Linda <Gnda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Dan iels@dewittcarolinas.com>, Steve Saieed <ssaieed@portcityadvisors.corn>; Mike Hobbs <mhobbs@eccwilm.com> Subject: RE: [External] Bella Sera Wlas SW8 050308 JA2o Exterrial email..Da not click links'or open.. attachments'unless you•verify. Sentl all suspicious email as an attachment to _- a m- r� carts dtti :nc. p � 9 �, a Linda, Good morning. Thank you for your feedback. Our team has decided to move forward in restoring the system to its original permitted state. When are you available to hop on a go to meeting? done and to schedule a preconstruction meeting. Are you available at any of these times? • This afternoon 1-2pm? • This afternoon 3-5pm? • Thursday 2-5pm? I would like to discuss the attachments, proposed site work to be From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Thursday, March 21, 2019 9:02 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Steve Saieed <ssaieed@portcityadvisors.com>; Mike Hobbs <mhobbs@eccwilm.com> Subject: RE: [External] Bella Sera Villas SW8 050308 Thank you Mr. Beattie. The hurricane has put the construction industry into 100% full employment and many projects are on hold until the backlog is eliminated. The problem as you know, is that the compliance issues at Bella Sera were identified in January 2016, well before the hurricane hit. I must call to your attention the facts that the HOA is not the permittee of record, and that the permit does not automatically transfer with the conveyance of the common areas to the HOA. Blaming the HOA for not maintaining is pointless since they were not the permittee of record. White Partners, LLC remains responsible for maintaining compliance with the permit until such time as the Division approves a request to transfer this permit. I'm still unsure as to what remedy is being proposed. I believe there are 3 possible options: 1. Restore the system to it's original permitted design condition; 2. Propose a modification to change the permitted system; 3. Agree to a financial settlement with the HOA to accept the permit "as is" and allow the HOA to restore and/or modify. If you choose the first option, you must certify that the system has been restored to design condition before you submit a request to transfer the permit. If you choose the second option, the permit must first be modified, then the system must be certified by a suitably licensed professional and then an application to transfer can be submitted. If you and the HOA can agree to terms, then you can submit the transfer application signed by both parties, and we'll move on without the need to involve White Partners, LLC. Linda From: Steven Beattie <Steven. Beattie @dewittcaroIinas.com> Sent: Wednesday, March 20, 2019 5:50 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Steve Saieed <ssaieed@portcityadvisors.com>; Mike Hobbs <mhobbs@eccwilm.com> Subject: RE: [External] Bella Sera Villas SW8 050308 r=External email. Do not click links or open attachments unless:you verify. Send all suspicious. email as an attachment to t=slla mAnc.Roy . Linda, Good afternoon. Attached is my response and justification on why I believe a fine is unwarranted. Again, I apologize this has dragged on. However, White Partners, LLC is committed to remedy the issue and feel as if we have a solution. Please read through the attachment and let me know when you are available to meet on site. Thank you for your time and patience, Steven From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Friday, March 15, 2019 9:32 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com> Subject: RE: [External] Bella Sera Villas SW8 050308 I appreciate the reply, but I must move on with the enforcement. If you will kindly make your argument in writing by the due date that will be set forth in the letter that will be mailed out soon, we will forward that to the Director for his consideration in determining what the amount of the fine will be, if any. Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Wednesday, March 13, 2019 5:19 PM To: Lewis,Linda <Iinda.lewis2ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@ dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com> Subject: RE: [External] Bella Sera Villas SW8 050308 o External email Do not click links or open attachments unless you verify. Send all suspicious email.as an attachment to report.sgarn@nc.eov Linda, Good afternoon. Letting you know I have received your email. I apologize that this issue has dragged on. I will provide you with an explanation and a couple points I would like to discuss with you by the end of the week. Apologies, Steven From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Tuesday, March 12, 2019 11:40 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas,com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com>; nick@ccrgnc.com; kin.liversidge@gmail.com; Phil Norris < norris nten ineers.com> Subject: FW: [External] Bella Sera Villas SW8 050308 Mr. Beattie: I have still not received anything from you regarding a solution to the situation at Bella Sera Villas. Our last correspondence was October 11, 2018, where you indicated that you had hired Norris & Tunstall to conduct an investigation into how the project can be modified, but to date, no modification has been submitted and the site has not been restored to compliance. You have had ample time and several extensions of time to either propose to modify the site, or to restore the site to the permitted condition. This has dragged on for far too long, so at this time, I am forced to initiate a recommendation for enforcement. You will receive an opportunity to provide your side of the story within 10 days of receipt of the letter. Your comments will be sent up to the Director for his consideration in determining the amount of the fine, if any, that will be imposed. I respectfully suggest that your money would be more wisely spent in gaining compliance rather than paying a fine. Please also note that this permit will expire on April 28, 2019. The expiration of the permit does not relieve you of the obligation to comply with the permit. The time for action is now. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisna-ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 3�. Nothing Compares d "i Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:47 AM To:'steven.beattie@dewittcarolinas.com' <ste_v_en.beattie@dewittcaroiinas.com> Subject: FW: [External] Bella Sera Villas Mr, Beattie. - Is there any progress on this modification that you would like to report? Our last correspondence was June 8, 2018 where you informed the Division that Norris & Tunstall had been released to pursue the possibility of modifying the county pond to meet the 2017 rules. I provided some information to NT back in late July, but have not heard anything since then. Please let me know what's happening. Thanks, Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:16 AM To: 'Joseph Hill, Jr., P.E.' <ihill@ntengineers.com> Subject: FW: [External] Bella Sera Villas Mr. Hill Has there been any progress on this modification? l have not heard anything since the end of July. Linda From: Lewis,Linda Sent: Friday, July 27, 2018 11:SS AM To: 'Joseph Hill, Jr., P.E.' <]hill@ntengineers.com>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: [External] Bella Sera Villas Mr. Hill 4 It's not the end of the world — the project can still be converted to a wet pond but because the project Is within 1/2 mile of SA waters, the wet pond has to be designed per NCAC 021-1.1019(7)(c) for a discharging SCM within '/z mile of SA waters. This includes a pre/post 1 yr. 24 hour design storm and the need to infiltrate the stormwater through 18" of sand before discharge, and to direct the discharge into a level spreader and vegetated filter. The 18" of sand can be incorporated into the bottom of the "blind Swale" that delivers the discharged runoff into the vegetated filter. Linda From: Joseph Hill, Jr., P.E.[mailto:ihill(cDntengineers.com] Sent: Friday, July 27, 2018 11:36 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Cc: Lewis,Unda <linda.lewis2ncdenr.gov> Subject: Re: [External] Bella Sera Villas CAUTIOExter�al email. Do not click links or open attachments unless verified Send all suspicious email as an attachment to ,____,_____,_I.. I__I ______I ____,___ _I_,_, .___,',I�11�1. „I I,_11,1 �,I 11 ■�1 �1 IIII III IIII'iI YYYI I�IIII YII 11111 YYIIIIYIi1�111Y1Y1111111�Y11YY�Y11�Y111�1�1�111�YYY111111�1� I Thanks Chad .... Not what I was hoping for, but as they say - it is what it is. Joey Hill Joseph Hill Jr., P.E. NORRIS & TUNSTALL CONSUErtNG LNGWEERS.RC. — 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorris cDntengineers.com www.ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P,C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: "Coburn, Chad" <chad.coburn@ncdenr.gov> Date: Friday, July 27, 2018 at 11:24 AM To: "Joseph Hill, Jr., P.E." <jhill@ntengineers.com> Cc: "Lewis,Linda" <linda.lewis@ncden_r.gay> Subject: RE: [External] Bella Sera Villas This site appears to be within 0.5 miles of both Pages and Futch Creeks based upon the information below. From: Joseph Hill, Jr., P.E. [mailto:ihill@ntengineers.com] Sent: Friday, July 27, 2018 11:05 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Re: [External] Bella Sera Villas CAUTION: External email. Ito not click links or open attachrnents unless verified. Send all suspicious email a5 an attachment to On southwest side of Futch Creek Road, at the intersection of Tuscan Way and Futch Creek Road on " south " side ; and the intersection of Bella Sera Way and Futch Creek Road on the " north " side. it is a duplex development with a pond in the center. Shows up nicely on google maps. Thanks for your help. Joey Hill Joseph Hill Jr., P.E. NORRIS & TUNSTALL — CONSUIXIA'G ENGINEERS VC:. — 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext.'200) 1 910-343-9604 (F) anorris@ntengineers.com nte neers.com n 1., www.ntengineers.com It is the professional opinion of Dorris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: "Coburn, Chad" <chad.coburn@ncdenr.gov> Date: Friday, July 27, 2018 at 10:50 AM To: "Lewis,Linda" <linda.lewis@ncdenr.gov>, "Joseph Hill, Jr., P.E." <ihill@ntenRineers.com> Cc: "Mairs, Robb L" <robb.mairs ncdenr. ov> Subject: RE: [External] Bella Sera Villas Where is this site located? From: Lewis,Linda Sent: Friday, July 27, 2018 10:44 AM To: Joseph Hill, Jr., P.E. <Lh_i_I]_@ntengineers.com> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: FW: [External] Bella Sera Villas I misspoke — you can contact Chad or Robb with DWR for assistance in locating the source of the stream. Linda From: Lewis,Linda Sent: Friday, July 27, 2018 10:42 AM To: 'Joseph Hill, Jr., P.E.' <ihill@ntengineers.com> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Mairs, Robb L <robb.mairs ncdenr, ov> Subject: RF: [External] Bella Sera Villas Mr. Hill 6 You can contact Chad Coburn or Robb Mairs with DWR for assistance in locating the "source" of the SA waters. Linda From: Joseph Hill, Jr., P,E. [mailto:ihill nten ineers.coml Sent: Friday, July 27, 2018 10:36 AM To: Lewis,Linda <hnda.lewis@ncdenr.gov> Subject: Re: {External] Bella Sera Villas Ms. Linda Lewis: Linda, Good morning. Are you saying the SA waters start at the upstream tip of the blue line representing Futch Creek on the map you referenced? ! referred to this map before I emailed yesterday. I don't want to assume that what I think appears to be the beginning of the SA waters actually is. Can you suggest a DWR person in the WiRO who could help me with this? If you are saying you have checked it out, and we are not subject to SA requirements, that would be great. I need to be certain so we can explain to the client what each alternative involves. In years past the SA waters would be defined as something like " from source to Intracoastal Waterway ", and the trick was to define where the source was. In this case the map shows a symbol (s) for marsh upstream of where the blue line stops. I need to find out if the SA designation continues beyond where the blue line ends, and if so for how far, because the distances become critical at that point. Thanks for your help. Joseph Hill Jr., P.E. NORRIS & TUNSTALL CONSUEl"ING ENGINEERS.i'.C. 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) 1 910-343-9604 (F) anorrisQntengineers.com www.nten_qineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: "Lewis,Linda" <linda.lewis@ncdenr.gov> Date: Friday, July 27, 2018 at 8:48 AM To: "Joseph Hill, Jr., P.E." <ihill@ntengineers.corn> Subject: RE: [External] Bella Sera Villas Mr. Hill The process is to apply for a modification and to provide the supporting documentation. I would not have put that suggestion out there if I had not already checked into it. The Bella Sera HOA really wants this issue fixed and I think converting to a wet pond is a very legitimate way to it. The other problem that has not been addressed is whether or not the pond can meet the 2017 MDC for average depth, surface area and volume, and whether the existing infiltration area overflow structures can be converted or redesigned to allow that area to function as a forebay for the wet pond. If there is sufficient surface area, another possibility might be to redirect runoff into a newly created forebay within the existing pond at each point where runoff enters, and then fill in the existing infiltration area. Right now the runoff from the site goes into the infiltration basin first, and only overflows into the county's pond after the design storm volume has been exceeded. The extent of SA waters is as written in the schedule of classifications maintained by the Division of Water Resources. DEMLR has no part in identifying those waters. DWR maintains a surface water database that you can use to pinpoint the project's location and measure the distance to the SA waters: https:llncdenr.maps.arcgis.com/apps/webappviewer/index. html?id=6el25ad7628f494694e259c8Odd 64265 T Linda From: Joseph Hill, Jr., P.E. [mailto:ihillentengineers.com] Sent: Thursday, July 26, 2018 3:47 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Bella Sera Villas Ms. Linda Lewis: Linda.... I am helping Phil Norris with this project. In a May 9 email to Steven Beattie, you indicated the project may no longer be within the 0.5 mile SA limit. Looking on the surface waters classification map, I measure 4350 ft to the blue line stream. I know other factors are considered, however. Is there a specified procedure or written request to go through to get clarification? It would mean a lot to this project if we could make a conventional wet pond work. Thanks.... Joey Hill . Joseph Hill Jr., P.E. NORMS & TUNSTALL CONSOurINC ENGINEERS RC. — 902 Market Street, Wilmington, NC 28401 910-343-9653 (Ext. 200) ] 910-343-9604 (F) anorris(d)ntengineers.com www.ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc.. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in - electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C, and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. -North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name White Partners LLC Information Sosld: 0722447 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 4/23/2004 Registered Agent: Voltz, Elizabeth W. Addresses Principal Office Reg Office 3301 Benson Drive, Suite 103 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27609 Raleigh, NC 27612 Reg Mailing Mailing 3605 Glenwood Avenue, Suite 480 PO Box 17566 Raleigh, NC 27612 Raleigh, NC 27619 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Manager Lonnie C Poole , III Thomas A. Saieed , Jr. 3301 Benson Dr Ste 103 3301 Benson Dr Ste 103 Raleigh NC 27609 Raleigh NC 27609 https://www.sosne.gov/online_services/scarch/]3usiness_Registration Results 3/13/2019 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. ---r- 902 Marke Street Mraington, NC 28401 (910) 343-9653 (910) 343-9604 Fax John S. Tunstatl, P.E. T. Jason Clark, P.E. Joseph S. Hill, Jr., P.E. August 14, 2018 Mr. Steven Beattie DeWitt Carolinas, Inc. 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Re: Bella Serra Villas Stormwater Permit Compliance Issues & Options for Correction State Stormwater Permit No. 5W8 050308 New Hanover County N&T Project No. 18047 Dear Mr. Beattie: 1429 Ash-Lirtic River (toad Ash, NC 28420 (910)287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. ThomasJ• Scheetz, E.1. We have conducted an evaluation of the existing stormwater treatment system in an effort to determine what options are available to correct or mitigate operational problems in the short term, and to allow the transfer of the permits to the project's HOA in the longer term. The stormwater treatment / control system basically consists of a collecting system of grassed swales, an infiltration pond which captures, treats, and infiltrates the first 1.5" of rainfall from the project area, a second flood control pond which reduces the rate of stormwater flow to pre - development levels, an outlet structure, and a downstream vegetative swale. Day to day operation of the swales and infiltration pond is regulated by the NCDEQ permit, while New Hanover County regulates the operation and maintenance of the flood control pond. During two (2) recent site visits, we observed the flood control pond to be at the emergency overflow level. During both visits there was only a trickle of water exiting the 12" diameter outlet pipe at the vegetative Swale. This indicates that the 8" orifice feeding the outlet pipe is plugged and requires maintenance or repair. It appears that the pond fills to the emergency overflow level and overflows into the riser tube before any significant flow of water is released from the system. This creates a situation where the water elevation throughout the system is maintained at a level 2.0'- higher than normal for prolonged periods. Water is backed up into the infiltration pond area because of the elevation of the diversion structures, and has further backed up into .the swales, creating nuisance conditions. Additionally, the 12" outlet pipe is also partially plugged where it outlets to the vegetative Swale. The grass sod in this area has grown higher than the pipe invert, causing water to back up at this location. Removing a narrow strip of sod along the swale invert, dropping the subgrade three (3) inches, and replacing the sod strip would restore the stormwater flow to normal at this location and maintain aesthetics. NCBELS License: C-3641 Mr. Steven Beattie 1 DeWitt C.amlinas, lne- August 14, 2018 Page 2 Since this project dates back to around 2005, and seems to have a history of maintenance related issues with the permitting agency, it is likely the pond outlet has been at least partially plugged for years. This in turn has created a situation where the infiltration pond is forced to regularly infiltrate a greater volume of stormwater than the design value. The hydraulic overload, along with the associated nutrient overload, deposits more sediment and allows more vegetation to grow, again creating additional maintenance needs, and causes a lo§s of permeability. For the immediate short term, we recommend that you perform maintenance on the pond to remove the outlet blockages described above. Using a stormwater BMP maintenance firm of your choice to perform this work would be a good initial course of action. They may suggest additional items in need of maintenance after the water level recedes. After their initial work you could ask them to revisit and assess the long-term infiltration capabilities of the pond. It is possible some method of groundwater lowering in the immediate area would be beneficial to the system. It may be that the ponds can be made to function as originally designed. Such an assessment and recommendations would be helpful during the pending decision making process regarding the stormwater system. At a minimum, while we work through this process, you should have competent personnel to_check the ponds after each significant storm, as is required by permit. As we discussed, an altemate option to address the functionality of the system is the conversion to a wet detention pond BMP. This would involve the conversion of the two (2) existing ponds to a single wet detention pond that meets the current water quality requirements of NCDEQ and the flood control requirements of New Hanover County. Based upon a review of current NCDEQ requirements and contacts with staff of the Wilmington office, this option would basically involve the following modifications: 1. New pond forebay areas would be constructed near where the existing drainage swales enter the infiltration pond. 2. The pond (#1) side slopes would need to be reshaped somewhat above the normal permanent pool elevation of 20.50', to include a planted vegetated shelf with 6:1 side slopes and a 8.0' minimum width. The perimeter retaining wall would need to be removed and/or relocated further back. 3. Downstream of the pond outlet, the new regulations adopted in 2017 require the pond discharge to be filtered through eighteen (18) inches of sand_ and subsequently directed to a level spreader filter strip. 4. A new pond outlet structure will be necessary since the design storms and pond volume / height relationship will change. Additional piping will be required to bypass the 10-year storm volume around the NCDEQ sand filter and level spreader. 5. Prior to donstruction, it will be necessary to complete a redesign and resubmittal to NCDEQ and New Hanover County. The appropriate permit modifications will be obtained. Mr. Steven Beattie J DeWitt Carolinas, Inc. August 14, 2018 Page 3 We hope this provides you with the information you requested. We would be happy to coordinate with whomever you choose to perform any maintenance work and / or pond evaluation. Please contact us in the interim if you have any questions. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. ' 4 Jos ph S. Hill, Jr., P.E. JSHlasn 18D47 08-14-1 &s-sw correction recommendation-Hr Enclosures cc: Phil Norris, P.E. / Norris & Tunstall (by E-Mail Only) _ Lewis,Linda li , G Sa 30-7 From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Friday, June 08, 2018 3:46 PM To: Lewis, Linda Subject: [External] Bella Sera r,T....,v,.�-.-�._ e, °nu��.vmr ,:;:.., �. •�,.. m•ri nr sea��r�r .. �.¢:.�a .� .y, ,,. r..,. .... >...Y. �•e:.:: r:a-a�<•,rera �:�e,.�,.� �gT[ON Extternal email �Do; no6t,iflitk{links 6,r o en attachments unless�ver#fied'Send all sus icious e"ir- $an, atta hm*e'iWT6t Vj .: .. p m: p _ w t "'x' � y K. - �3a.: s;_ .Aa:.'n�.a�:.��: -r .v.•:., �- r .� ,:. � r.�:?���t�..�e�-iq', ,.:'�3 . iC4.`�'�` l�x�Y��fil,.rd�£�:.,. �•�r�i Linda, Good afternoon. Just a head up that we have released Phil Norris to begin running preliminary stormwater calculations/design and reviewing current NCDENR design specifications for the conversion. I will keep you updated on the results. I have high hopes that this will be a successful solution. Steven Beattie Director of Pre -Development 3301 Benson Drive Suite 103 Raleigh, NC 27609 Mobile 910.690.8140 1 Direct 919.277.7966 1 Main 919.863.1000 III ;*I Lewis,Linda • From: Lewis,Linda Sent: Wednesday, May 09, 2018 9:48 AM To: 'Steven Beattie' Cc: Everett Daniels; 'con nor,Saieed@dewlttcaroll nas.com; nick@ccrgnc.com Subject: FW: [External] RE: Bella Sera Villas I've been doing more research and I would like to see if we can resolve this by taking another approach. The Bella Sera permit is issued under the 1995 version of the stormwater rules that requires the use of infiltration systems within '/Z mile of SA waters. If the permittee is willing to modify the permit and subject the project to the 2017 rules, and redesign the existing county pond to meet the 2017 rules, the infiltration basin could be eliminated. This might be an alternative that is more palatable to the HOA and possibly cheaper to implement than stripping the top layer of media and excavating the clay and hoping the system will infiltrate. It may also be that in accordance with the current SA maps maintained by the Division of Water Resources, this site may no longer be within '/z mile of SA waters, which would allow the infiltration basin to be eliminated (filled in or converted to a forebay) and the existing wet pond to be redesigned to serve alone as the permitted Stormwater Control Measure (SCM). This alternative, if selected, would require that ALL of the 2017 MDC be met, that a permit modification be approved, including an application and supplement form, O&M agreement, revised plans and revised pond design calculations. The outlet structure elevations may also need to be modified to contain the required 1.5" volume and to add a drawdown orifice to meet the 2-5 day drawdown time. The pond design requirements are listed in NCAC 02H.1053; the basic requirements that apply to all projects are listed in 02H.1003; and the Coastal County stormwater requirements are found in 02H.1019. Linda From: Lewis,Linda Sent: Tuesday, May 08, 2018 5:52 PM To: 'Steven Beattie' <Steven.Beattie@dewittcaroIinas.com> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; 'connor.Saieed@dewittcarolinas.com' <connor.Saieed@dewittcarolinas.com> Subject: FW: [External] RE: Bella Sera Villas Mr. Beattie: It has been another 2 months since our last correspondence (see email string below), and there is still no apparent progress regarding restoration of this system. I offered to meet with you to answer your questions, but I never heard any reply. Please provide an update by the end of the week (May 11, 2018). 1 am sorry, but I will have to initiate enforcement action if I do not hear from you by then. This matter has been dragging on for far too long. Thank you. -Lewis,Linda From: Lewis, Linda Sent: Wednesday, May 09, 2018 9:08 AM To: 'Kin Liversidge; Robert Kaess; gstorch; Szczesny Ted; Hollmann Mike & Connie Subject: RE: [External] Infiltration Pond Attachments: [External] RE: Bella Sena Villas Thank you Mr. Liversidge. If I hear anything, 1 will contact Mr. Kaess Please note that I have already informed Mr. Beattie that a conveyance of the common area and the associated maintenance to the HOA does NOT constitute a conveyance of the permit and that he remains accountable for complying with the permit requirements until such time as the Division approves of the transfer of the permit to another entity or to the Association. Nothing Mr. Beattie says or believes to the contrary will change this. Please also note that in Mr. Beattie's February 16, 2018 email, he stated that they had hired a company, Coastal Carolina Resource Group (CCRG), to conduct an investigation into the reason why the basin was not infiltrating. That company is known to me and I have found them to be reputable in the past. Their findings are published in a report at a "Dropbox Link" provided in that email, attached. i have every reason to believe that the borings were done, as you can see for yourselves if you go to the link and download the report (and the pictures) that you find there. Just because you did not see CCRG do these borings, does not mean that it didn't happen, and it is not appropriate to toss out unfounded allegations that only serve to cast doubt, Please also keep in mind that the Division can only require the permittee to restore the system to a compliant status. The HOA cannot dictate how that gets done and the HOA cannot force the permittee to modify the system to suit the HOA. The Division is not able to require the permittee to do anything beyond what the permit requires. if the permittee elects to restore the system, then that is their choice to make, not yours. In the event that the system is restored and it still does not work and cannot be maintained back to a compliant status, then the Division may require the construction of replacement stormwater measures, as allowed by the permit. If the restored system works and the project is found to be in compliance, the permit will be transferred to the HOA. Once the HOA is the permittee, then the HOA can propose whatever changes to the system that they wish, subject to approval by the Division. Linda From: Kin Liversidge[mailto:kin.liversidge@gmail.com] Sent: Wednesday, May 09, 2018 7:51 AM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Robert Kaess <in.Kaess@gmail.com>; gstorch <gstorch@ec.rr.com>; Szczesny Ted <iunkyardted@gmail.com>; Hollmann Mike & Connie <dorfstr5@googlemail.c0m> Subject: [External] Infiltration Pond L-MV I IVN; CXLUI IIdI VIIId If, UU IIVL WILK III IKj UI VPUII dUdIA111142r 1 Lb UIIIt! SS Vt'I II IUU• -L"IIU d I I SUbPH.IV US t'I II d I I, dS;dl I dLL414I,lr Ml riL LV Dear Linda, Than4.you for your err�8il and related correspondence and also for your continued efforts to resolve this on going issue. It continues to be a large concern of the Bella Sera VOlas HOA and effort on you part to resolve it are most welcomed. Concerning Mr. Beattie's letter to you in February of this year, it appear to me another attempt to get the "monkey of his back" by saying that the management of the pond had been turned over to the HOA. Having been on the board since our management company turned the responsibility over to us roughly four years ago we have never seen any correspondence indicating any requirement we held in maintaining the infiltration pond. I also question the claim that any boar holes have been done around any of the ponds for we have seen no signs of that or individuals doing so. Linda I am now back in Maine for the summer and in my absence and if any direct personal contact may be required while I am out of the pkture I would like to refer you to our board president Robert Kaess in.Kaess@gmail.com . Also my tenure on the board ends in November so probably a good time to bring Bob into the picture. I would love to see some resolution of this saga before leaving my position this fall but not holding my breath on it at this point. You certainly must feel as equally frustrated having to threaten legal action. Lets all hope that it dose not come to that. Sincerely Kin Liversidge `Lewis,Linda " From: Lewis,Linda Sent: Tuesday, May 08, 2018 5:52 PM To: 'Steven Beattie' Cc: Everett Daniels;'connor.Saieed@dewittcaroGnas.com' Subject: FW: [External] RE: Bella Sera Villas Mr. Beattie: It has been another 2 months since our last correspondence (see email string below), and there is still no apparent progress regarding restoration of this system. I offered to meet with you to answer your questions, but I never heard any reply. Please provide an update by the end of the week (May 11, 2018). 1 am sorry, but I will have to initiate enforcement action if I do not hear from you by then. This matter has been dragging on for far too long. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.iewis(�ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 1='Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Thursday, March 08, 2018 9:34 AM To: 'Steven Beattie' <Steven.Beattie @dewittcarolinas.com> Subject: FW: [External] RE: Bella Sera Villas Mr. Beattie: Have you determined if you still need a meeting with me, after receiving the email below? I was not sure if I had addressed your questions or not. I guess it just boils down to 2 options: to restore the system to its permitted condition and then transfer the permit to the HOA; or to redesign the system, modify the permit and transfer the permit to the HOA. Lewis,Linda From: Lewis,Linda Sent: Thursday, March 08, 2018 9:34 AM To: 'Steven Beattie' Subject: FW; [External] RE: Bella Sera Villas Mr. Beattie: Have you determined if you still need a meeting with me, after receiving the email below? I was not sure if I had addressed your questions or not. I guess it just boils down to 2 options: to restore the system to its permitted condition and then transfer the permit to the HOA, or to redesign the system, modify the permit and transfer the permit to the HOA. As stated below, you are only required to restore the system, but you can elect to modify the permit and redesign the system under current regulations. Please let me know, and I'll make room in my schedule next week to meet, if you still need to. Thanks, Linda From: Lewis,Linda Sent: Wednesday, February 21, 2018 11:23 AM To: 'Steven Beattie' <Steven.Beattie @dewittcarolinas.com> Subject: RE: [External] RE: Bella Sera Villas Mr. Beattie: The Division was not made aware of the change in ownership until several years had gone by. On top of that, the permit holder failed to respond to earlier letters from the Division requesting that they submit a transfer application. Had the permit been transferred at the time the development was turned over to the HOA, we could have done the compliance inspection and transferred the permit and the maintenance requirements to the HOA. Without the permit to guide them, the HOA may not have understood how the system functioned, or known what to maintain or how to maintain. It is the Division's position (which is backed up by the Attorney General) that responsibility for permit compliance remains with the permit holder until such time as the Division approves of a request to transfer the permit. You are under no obligation to redesign the system for the HOA. If your engineer has recommended a remediation option that the HOA doesn't like or just doesn't understand, they really have no say unless you want them to help pay for the remediation. The HOA cannot stand in the way of you achieving compliance with the permit. It is not appropriate for the HOA to make allegations that the system is "too deep" or is not working and then not accept your proposal to fix it. Allegations carry no weight with the Division. Please note that restoration of the system to the permitted condition requires no additional permitting from us. We would only need a permit modification if you have to (or want to) change some aspect of the design from its permitted condition. r The HOA is free to make changes to the design of the system AFTER they become the permit -holder, as long as they submit plans prepared by a licensed engineer and receive approval from the Division before making those changes. It is not going to be my decision as to how you move forward to address the compliance issues so that the permit can be transferred to the HOA or whether you decide to accommodate the HOA and redesign the system. That is a negotiation between you, your consultant and the HOA. Having said that, once the system is restored to compliance, only the Division can make the determination that it is or is not in compliance. The HOA has no say in that determination. Linda From: Steven Beattie [mailto:Steven.Beattie @dewittcarolinas.com] Sent: Wednesday, February 21, 2018 10:14 AM To: Lewis,Linda <li_nda.lewis@ncdenr,gov> Subject: [External] RE: Bella Sera Villas a External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to . Re ort 5 M. Linda, Good morning. Just following up to see if you time to review and if you had time to discuss. From: Steven Beattie Sent: Friday, February 16, 2018 7:11 PM To: 'Lewis,Linda' <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com>; Connor Saieed <Connor.Saieed@dewittcarolinas.com> Subject: RE: Bella Sera Villas Linda, Good evening. The intent of this email is to update you on the progress of bringing the BMP back into compliance and transfer the SWM Permit to the HOA, not to state that corrective actions have been completed, but are the process. Please follow the dropbox link below to obtain the documents referenced in this email. Downloadable Link: https://www.dropbox.com/sh/yxyw9dilul6s59v/AACNzLKk4krgXlt7zCSP-FQ2a?d 1=0 1. in response to the BMP operating and insufficiently: a. As the developer it is our stance that the infiltration pond was operating sufficiently when maintenance was assumed by the HOA. Following suit, the deed for this common area was transferred to the HOA. As stated in the email below the BMP is not draining because of the little maintenance done by the HOA and allowing vegetation not suitable for an infiltration pond to accumulate. That said, the solution is to strip the topsoil and the existing vegetation and assess filtration barrier or pea gravel. At this point in time the HOA does not agree we have identified the problem and therefor do not agree with the solution. To further confirm our assessment we have sent CCRG Stormwater Management, Certified BMP Inspector, to perform borings around the pond to ensure water intrusion is not happening with the adjacent wet pond. This has not been shared with the HOA yet. Discussions and funding of a solution will continue as this information is presented to the HOA. Supporting documentation in downloadable link. i. Bella Sera — CCRG BMP Investigation ii. Bella Sera — Common Area Transfer B5230 — P2756 2 2. I11 response to providing additional documentation for Permit Transfer: a. BUA has been confirmed by use of New Hanover County GIS and pulling permitted livable square footage. Supporting Documentation in downloadable link. i. Beha Sera BUA Exhibit ii. Recorded Plats: Bella Sera BM50, PG93-95 iii. Deed Restrictions: Bella Sera — Declaration of Covenants. iv. Deed Restrictions: Bella Sera — DOC Amendment. 3. Permit Update Form: a. My understanding is the SWM Transfer Permit will act as the Permit Update. I understand this will not be complete until the BMP is in compliance or the HOA assumes responsibility to make the necessary corrections. Supporting Documentation in downloadable link. i. Bella Sera — SWM Transfer Permit. I have a few questions as I am sure you do as well. Please let me know when is a good time to touch base next week to walk through these exhibits and discuss the best way to move forward. Thank you for your patience, Steven From: Steven Beattie Sent: Wednesday, January 17, 2018 9:53 AM To:'Lewis,Linda' <linda.lewis_@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com> Subject: RE: Bella Sera Villas Linda, Good morning. I apologize for letting the schedule outlined below pass. My efforts have been focused on bringing the adjacent Subdivision, The Registry, BMP back into compliance. However, the issues occurring in the BMP at Bella Sera have been investigated. These issues were not created because bad practice during construction or not building the BMP per plan, but a result of little maintenance. That said, responsibility to bring the BMP back into compliance is currently being discussed with the Management Company. I have not copied Kin Liversidge in on this correspondence because the chain of communication should be first resolved with Premier Management then relayed to the HOA. Please allow that to happen. I acknowledge the date you posted below and will begin increasing the priority to get stormwater permit turned over to the HOA. Thank you for following up. From: Lewis Lin a [ mai to:inda.ew.•is2ncdenr,gov} • Sent: Tuesday, January 16, 2018 8:54 AM To: Steven Beattie <Steven.Beattie@dewittcarolinas.com>; Everett Daniels <Everett.Daniels@dewittcarolinas.com> Cc: Kin Liversidge <kinnard3@icloud.com> Subject: FW: Bella Sera Villas Messrs. Beattie and Daniels: 9J Please iespond to this email with a status report and a new plan of action. Per your September 15, 2017 email to the Division, the self-imposed December 1, 2017 deadline has passed and nothing has been submitted to the Division, as was promised. You still need to provide the following information: 1. A plan of action to restore the infiltration basin to design condition; 2. The remaining documents to transfer the permit, i.e., verification of BUA per lot, recorded plats and a copy of the recorded deed restrictions; 3. A completed permit update form to change your mailing address. Please note that this will be the last communication you receive from the Division before the transfer application is returned as incomplete and enforcement action is initiated. You must provide the requested information by February 16, 2018. Linda Lewis, E.l. Environmental Engineer Ill Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(aDncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 —/'Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steven Beattie [mailto:Steven.Beattie dewittcarolinas.com] Sent: Friday, September 15, 2017 9:55 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com> Subject: Bella Sera Villas Linda, Good morning. This is in response to the DENR violation received for Bella Sera Villas. 1. Failure to Operate and Maintain the Stormwater System: Response: The cause for malfunction has been investigating, the infiltration pond has been clogged due to vegetation such as alligator weed. The solution has been quoted. See attached. Remedy to malfunction of infiltration pond will be released no later than December I". The timeframe is to allow for adequate coordination with the HOA if needed. 2. Failure to receive prior approval for changes to the approved plan. Response: Exhibits are currently being prepared to display current impervious area of each lot is under the approved threshold shown in recorded plats and HOA dots. This exhibit will be provided no later than December 1S`. 3. & 4. Failure to notify,the Division of a change of ownership. Failure to notify the Division of a change of mailing address. Response: This form has been filled out and will be executed once the BMP is in compliance, Attached. y�4 l Steven Beattie Director of Pre -Development 3301 Benson Drive Suite I03 Raleigh, NC 27609 Mobile 910.690.8140 j Direct 919.277.7966 1 Main 919.863.1000 Lewis,Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:47 AM To: steven.beattie@dewittcarolinas.com' Subject: FW: [External] Bella Sera Villas Mr. Beattie: Is there any progress on this modification that you would like to,report? Our last correspondence was June 8, 2018 where you informed the Division that Norris & Tunstall had been released to pursue the possibility of modifying the county pond to meet the 2017 rules. I provided some information to NT back in late July, but have not heard anything since then. Please let me know what's happening. Thanks, Linda From: Lewis,Linda Sent: Wednesday, October 10, 2018 10:15 AM To:'Joseph Hill, Jr., F.E.' <jhill@ntengineers.com> Subject: FW: [External] Bella Sera Villas Mr. Hill: Has there been any progress on this modification? I have not heard anything since the end of July. Linda From: Lewis,Linda Sent: Friday, July 27, 2018 11:55 AM To: 'Joseph Hill, Jr., P.E.' <ihill@ntengineers.com>; Coburn, Chad <chad.coburn@ncdenr.Rov> Subject: RE: [External] Bella Sera Villas Mr. Hill It's not the end of the world — the project can still be converted to a wet pond but because the project is within Y2 mile of SA waters, the wet pond has to be designed per NCAC 02H.1 01 9(7)(c) for a discharging SCM within '/2 mile of SA waters. This includes a pre/post 1 yr. 24 hour design storm and the need to infiltrate the stormwater through 18" of sand before discharge, and to direct the discharge into a level spreader and vegetated filter. The 18" of sand can be incorporated into the bottom of the "blind swale" that delivers the discharged runoff into the vegetated filter. Linda i Lewis,Linda SGu'' 0 SG 30c? From: Lewis,Linda Sent: Friday, September 1S, 2017 10:14 AM To: 'Steven Beattie' Cc: Everett Daniels Subject: RE: Bella Sera Villas Thank you very much for your response Mr. Beattie. Please note that the form you attached as a transfer form is not the correct form to use for the transfer of a permit to an HOA. The form you provided is just an update form, but the permittee needs to complete and sign the Permit Transfer Application form which is several pages long and has a list of documents and information that needs to be provided. For your convenience, I've included a link to our forms website here: https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-p rog.ram/post-construction Please scroll down to the "Permit Transfer Application" form under the New Projects and Permit Modifications heading. If you need more assistance, please advise and I will be happy to help. Linda From: Steven Beattie Imailto:Steven.Beattie @dewittcarolinas.com] Sent: Friday, September 15, 2017 9:55 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Everett Daniels <Everett.Daniels@dewittcarolinas.com> Subject: Bella Sera Villas Linda, Good morning. This is in response to the DENR violation received for Bella Sera Villas. 1. Failure to Operate and Maintain the Stormwater System: Response: The cause for malfunction has been investigating, the infiltration pond has been clogged due to vegetation such as alligator weed. The solution has been quoted. See attached. Remedy to malfunction of infiltration pond will be released no later than December 1". The timeframe is to allow for adequate coordination with the HOA if needed. 2. Failure to receive prior approval for changes to the approved plan. Response: Exhibits are currently being prepared to display current impervious area of each lot is under the approved threshold shown in recorded plats and HOA dots. This exhibit will be provided no later than December 1". 3. & 4. Failure to notify the Division of a change of ownership. Failure to notify the Division of a change of mailing address. Response: This form has been filled out and will be executed once the BMP is in compliance, Attached. Steven Beattie Director of Pre -Development 3301 Benson Drive Suite 103 Raleigh, NC 27609 Mobile 910.690.8140 1 Direct 919.277.7966 1 Main 919.863.1000 Lewis,Linda From: Steven Beattie <Steven.Beattie@dewittcarolinas.com> Sent: Friday, September 15, 2017 9:55 AM To: Lewis,l_inda Cc: Everett Daniels Subject: Bella Sera Villas Attachments: infiltration pond bella 1500.pdf; HOA Transfer Form_F.PDF Li nda, Good morning. This is in response to the DENR violation received for Bella Sera Villas. 1. Failure to Operate and Maintain the Stormwater System: Response: The cause for malfunction has been investigating, the infiltration pond has been clogged due to vegetation such as alligator weed. The solution has been quoted. See attached. Remedy to malfunction of infiltration pond will be released no later than December I". The timeframe is to allow for adequate coordination with the HOA if needed. 2. Failure to receive prior approval for changes to the approved plan. Response: Exhibits are currently being prepared to display current impervious area of each lot is under the approved threshold shown in recorded p4ats and HOA docs. This exhibit will be provided no later than December 15t 3. & 4. Failure to notify the Division of a change of ownership. Failure to notify the Division of a change of mailing address. Response: This form has been filled out and will be executed once the BMP is in compliance, Attached. Ui��% Steven Beattie Director of Pre -Development 3301 Benson Drive Suite 103 Raleigh, NC 27609 Mobile 910.690.8140 1 Direct 919.277.7966 1 Main 919.863.1000 Premier Landscapes & Irrigation ,Inc. (910-274-1642) P.O. 13ox 10092 Wilmington, \C 28404 Name 1 Address Bella Sera Villas HOA ,Wilmington .NC c/o Premier Managemeni Estimate Date Estimate # 8/30/2017 605 Project Description Oty Cost Total pump and clean/dredge infiltration pond and haul off debris 1 1.500M 1,500.00 Thank you for your business. Total sl.soo.00 t Lewis,Linda 36 From: david riggs <davpen62@gma1l,com> Sent: Tuesday, August 15, 2017 10:48 AM To: Lewis,tinda Cc: Kin Liversidge Subject: Re: your nov 2, 2016 letter to Thomas Saieed Thank you for your reply. This is to inform you that we have never been contacted by Mr. Saieed, and we suspect he is never going to gain compliance unless you force him to. Based on the financial position of our HOA, I can see no reason why we would want to participate in this expense. Dave > On Aug 15, 2017, at 10:00 AM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: > Mr. Riggs: > We have been trying to gain compliance for quite some time. It is unfortunately, a slow process hampered by undocumented ownership changes. > My understanding from Mr. Liversidge is that Mr. Saieed has been in touch with the HOA to request that the Association contribute financially to get that work accomplished. As I told Mr. Liversidge in a July 26, 2017 email, the Division cannot mandate the financial terms under which Mr. Saieed chooses to get the compliance work done. Neither Mr. Saieed nor the Division can require the financial participation of the HOA. The Association is free to negotiate any financial terms they want to with Mr. Saieed and they are free to refuse to contribute financially if they want to. The one thing the Association cannot do is to block Mr. Saieed's efforts to gain compliance. > As the permittee of record, the Division will continue to send inspection reports, violations, letters and complaints to Mr. Saieed for resolution. > Linda > -----Original Message----- • From: david riggs [mailto:davpen62@gmail.com] > Sent: Tuesday, August 15, 2017 9:24 AM > To: Lewis,Linda <linda.lewis@ncdenr.gov> > Subject: your nov 2, 2016 letter to Thomas Saieed > Kin Liversidge forwarded a copy of your subject letter to me (he is out of town). > In this letter you listed some violations and gave them a January 3, 2017 deadline to correct the deficiencies. We are particularly interested in the requirement to have the infiltration basin drawdown within 5 days. > This never happens and we are wondering if you can/or will enforce the requirement. > Your response would be appreciated. > David Riggs, Bella Sera HOA President Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29622 RAleigh,IdC 2762E-0622 (419)81­5100 Click Here To: View Document Filings Corporate Names Legal: Bella Sera Villas at Vineyard Plantation Association, Inc. Non -Profit Corporation Information Sosi 0896014 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 1/31/2007 Registered Agent: Jarrett, Paul Derek Corporate Addresses Principal Office: 2018 Eastwood Road Wilmington, 1 28403 Reg Office: 2018 Eastwood Road Wilmington, NC 28403 Reg Mailing: P.O.Box 12051 Wilmington, NC 28405 Mailing- P.O.Box 12051 Wilmington, 1 28405 Account Login Create .Site Account L_\ https://ww,r,.sosnc.gov/Search/profcorp/81'16482 8/16/2017 STATE OF NORTH CAROLINA Department of tho Secrets ry of State DESIGNATION OF REGISTERED OFFICE ADDRUS ANMR kEGISTEiRED AGUT SOSID: 0896014 Date I'ded: 3/22/2014 10:52:04AM Elaine F. Nlarshall North Carolina Secretary of State C201.3 322 00140 Pursuant to §M-30 and 455D-31 of tbo General Statutes of North Carolina. the tmdersigned rattily subinits the following for the purpose of designating a ttgtatered office aadlot registem;! ejent In the State of Wonh Caro! ins. 1. l]te name tlf tilt trltity Tst Bella $era Villas at iritieyard Pl4Alatiori AEsooie iorl, Inc. Entity Type-. ( ) Corporation, f 1 i:omlpt Cotporation, js] Noilprorn Corporation, ( ] eorrign Nonprofti Corpniziloo, ( I E imileA Liobility Campany, I I foreign Lioiaad l.Ieb0hy Company, I ] Limited f armership, 11 Fureign Lirnf icd Partrirratiip, I J Umhe4 Llablliry Fertnmrship, j j l'arelgh Umiicd Llatbillty Poxutnfiip 2. (Chase (f applfeable), j .1 The cotlty cutrtntfy has no registered oPfroe on fik Willi lilt 5ccretaly of Siate. 3, (Check jf applicabls), j -]'lire whetting address of the regisured office is not on file with ilia Secretary of Stale, 4. The tv".4 address mnd county of the en ty's designated registeced office ie: Number and street: c/o Premier Management Company, 2018 Eastwood Road City, State, Zip Code: Wilmington, North Carolina 28403 County: New Hanover 5, 'Mo milling addmos If dFF ferertt from the sired oddness of tine designated registered office is: P.O. Box 12051, Wilmington, North Carolina 28405 6. (Cheek jappffcaNe). [x} 'Elie antity curtently has no registered agent on file with tht 5acretary of State. 7. Ntune of the designated mgistomd agent and Elie designated rtgistarod s its Zhe ap 1pi appears below Paul Derek Jarrett Agent (type or 61irl Name of New Agani) fFnat c4 Two) 1, Tire address of the entity's registered office and the address of the business office of Its registered agent, as designated heroin, will be identical. 9, This stattment will be effeclit-e upon ftiing, unless a date andIT. dme is speeifsed, 10. T#iis is iha Poday of khraA-20Lq_. Be(la Sere Yllaa at Vineyard Plantation Associalioo, Ine, riiC hyl ($ipttAltu-!J (7)pe ' Prko Amnia and Tile) NUMS. 1, Ffiag fee Is S5.00. One os:ecuted sin temem must he Geed with rite Stv opq or Sute, 2, Th[s fhrm h for utr b5- cnotlea that hero net lilod tho n $ni• ,if a reCrtt#red narni nr :iddroyu of a reClatered ottlec wifh the Corpuradear Uivllioa, la.iead of eigrtiag liere, flee nem rugisNrtd ugeat may sip m sepnrxtoNrrltten (oiistnt to the nppeinimeal, ,0itcii most he #mFebrd to this tialrhichl, CORPORATIONS DIVISION P.O. ROX 29622 PA) J-frN, NC 27626.4622 (lievfAdJartirirp IsN12J (fawn RE-03) \ew Hanover County Page 1 of 1 Home Property Records NHC Tax Home Register of Deeds Profile PARR]: R02900-004.196-Wo COASTAL HOME CORP 764 TUSCAN WAY Sates Sales Residential Commercial Sale Date Sale Price Grantee Grantor Book pa Sale 9e Key Mlsc Improvements 12.00T-15$385,000 COASTAL HOME CORD FONVILLE NORl6EY A 6D08 2935 542528 Permits BAREFOOT INC 08-APR-16 $1062,500 FONVILLE MORISEY & ULM OF NC LLC 5961 0665 532664 Land RAREFOOT INC , Values 71-JUN-15 $131,500 ULM OF NC LLC FOREVERHOME OF 5695 1882 514579 Wil-i NGTON LLC Agricultural 10-JUN-14 $472,500 FOREVERHOME OF WHITE PARTNERS LLC 5819 0517 498880 WILWNGTON LLC Sketch Full Legal 'Sale Details Exemptions - - - ----- Sale Date 12-OCT-16 Sub-parcel(s) Info Sale Key 542528 Original Parcel Info Sale Price $385,000 00 �— Grantee COASTAL HOME CORP Parcel Map Granter FONVILLE MORISEY S BAREFOOT INC Sale Source 0-13e00 Slamps (UnvenGed) Roca 5008 Page 2935 Sale Type VACANT Sale Vellddy U-Uncualified Sale Flag STEB A Instrument # Instrument Type Special Warranty Adj Reason Adj. Price 55000 Adj Amount 330000 Lin'K Click Here to view lire dried for this parcel Location Q Google Map Contact Us Site Links 230 Government Center Drive, Suite 190 L Phone: (910) 798-7300 NHC Tax Home Wilmington, NC 28403 4 Fax: (91D) 798-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31/OCT/2016 I Powered by iasWo-ld Public Access 1 of 1 Return to Seereh Results Actions Printable Version Custom Report Buildet Reports Residential PRC Commercial PRC Go Links Sales Validation Form Property Ovmer Questionnaire CONTACT us I i http:Hetax.nhegov.com/pt/datalets/datalet.aspx?node=sales&slndex-2&idx-1 &LMparent... 11 /1/201 G Ne\v Hanover County Page l of 1 PARID: R02900-004-199-000 EDWARDS JULIE A 756 TUSCAN WAY Sales Sale Date Sale Grantee Price 01-DEC-14 $283,000 EDWARDS JULIE A 20-JUN-14 $157,500 FOREVERHOME OF WILMINGTON LLC Grantor Book Page Kale Y FOREVERHOME OF 5854 1283 505303 WILMINGTON LLC WHITE PARTNERS LLC 5821 0903 499248 Sale Details I of z Sale Date 01-DEC-14 Sale Key 505303 Sale Price S283,000.D0 Grantee EDWARDS JULIE A Grantor FOREVERHOME OF WILMINGTON LLC Sale Source M-Verified via MLS Book 5854 Page 1283 Sale Type IMPROVED Sale Validity V-Verified for Use Sale Flag STES Instrument # Instrument Type Warranty Deed Adj. Reason Adj. Price 283000 Adj. Amount Link Click Here to view the deed for this parcel e http://ctax.nhegov.com/ptll)ataletsIPrintDatalet.aspx?pin=1Z02900-004-199-000&gsp=SA... 11/1/2016 New I-3anover County Page I of I PARID; R02900-004-200-000 Lc� 5 AHRENBERG ARNOLD B CATHERINE J 752 TUSCAN WAY Sales Sale Date SaleGranteeGrantee Grantor Book Page Sale PriKey 02-SEP-16 $294,000 AHRENBERG ARNOLD B FOREVERHOME OF 5999 1157 540647 CATHERINE J WILMINGTON LLC 20-JUN-14 $157,500 FOREVERHOME OF WHITE PARTNERS LLC 5821 0903 499250 WILMINGTON LLC Sale Details 1 of 2 Sale Date 02-SEP-16 Sale Key 540647 Sale Price $294,000.00 Grantee AHRENBERG ARNOLD B CATHERINE J Grantor FOREVERHOME OF WILMINGTON LLC Sale Source D-Deed Stamps (Unverified) Book 5999 Page 1157 Sale Type IMPROVED Sale Validity Q-Qualified Sale Flag STEB Instrument #R Instrument Type Warranty Deed Adj, Reason Adj. Price 294000 Adj. Amount Link Click Here to view the deed for this parcel http a/etax.nhcgov.cornlptIDataletsIPrintDatalet.aspx?pin=RO2900-004-200-000&gsp=SA... 11 /1 /2016 New Hanover Count, Page 1 of 1 � PARID: R02900-004-201-000 Lok SZCZESNY THADDEUS PAULETTE ETAL 750 TUSCAN WAY Sales Sale Date Sale GranteeGrantee Grantor Book Page Sale PriKey 03-MAY-16 $294,500 SZCZESNY THADDEUS FOREVERHOME OF 5967 1449 534641 PAULETTE ETAL WILMINGTON LLC 20-JUN-14 S157,500 FOREVERHOME OF WHITE PARTNERS LLC 5821 0903 499251 WILMINGTON LLC Sale Details 1 of 2 Sale Date 03-MAY-16 Sale Key 534641 Sale Price $294,500.00 Grantee SZCZESNY THADDEUS PAULETTE ETAL Grantor FOREVERHOME OF WILMINGTON LLC Sale Source M-Verified via MLS Book 5967 Page 1449 Sale Type IMPROVED Sale Validity V-Verified for Use Sale Flag STEB Instrument # Instrument Type Warranty Deed Adj. Reason Adj. Price 294500 Adj. Amount Link Click Here to view the deed for this parcel http://etax.Dhcgov.com/ptA)atalets/Printl]atalet.aspx?pin=l�02900-004-201-000&gsp=SA... 11/1 /2016 New Hanover County Page IofI I. PARID: R02900-004-202-000 CRIDER LEAH 746 TUSCAN WAY Sales Sale Date Sale Grantee Price 23-SEP-16 S305,000 CRIDER LEAH 20-JAN-16 $154,000 ICR CONTRACTING COMPANY INC 10-JUN-14 S472,500 FOREVERHOME OF WILMINGTON LLC Grantor ICR CONTRACTING COMPANY INC FOREVERHOME OF WILMINGTON LLC WHITE PARTNERS LLC Book Page Sale Key 6004 0153 541727 5943 2731 529792 5819 0517 498881 Sale Details 2 or s Sale Date 20-JAN-16 Sale Key 529792 Sale Price S154,000.00 Grantee ICR CONTRACTING COMPANY INC Grantor FOREVERHOME OF WILMINGTON LLC Sale Source - Book 5943 Page 2731 Sale Type IMPROVED Sale Validity - Sale Flag STEB Instrument # Instrument Type Trustee's Deed Adj. Reason Adj. Price 154000 Adj. Amount Link Click Here to view the deed for this parcel http://etax.nhcgov.com/pt/I)atalets/Printl)atalet.aspx?pin=RO2900-004-202-000&gsp=SA... 11 /l /201 b New Hanover County r Page 1 of 1 Home Property Records NHC Tax Home Register of Deeds Profie, PARID_ R02900-OU-202.000 CRIDER LEAH 746 TUSCAN WAY Sales Residential Sales Commercial Salo pate Sale • Grantee Grantor Book Page Sxle Misr. Improvements Price 23-SEP-15 $305,1= Key CRIDER LEAH ICR CONTRACTING 6004 0153 541727 Permits COMPANY INC 20-JAN-16 5154,ODO ICR CONTRACTING FOREVERHOVE OF 5943 2731 529792 Land COMPANY INC "ill- GTON LLC Values 10-JUN-14 $Z72,500 FOREVERHOME CF WHITE PARTNERS LLC 58.9 0517 498881 WiLMINGTCN LLC Agricultural Sketch ISela Details < 2ora > Full Legal Sale Data 20-JAN-1.6 Exemptions Sale Key 529792 Sale Price $154,000.00 Sub-parcel(s) Info Grantee ICR CONTRACTING COMPANY INC Original Parcel Info Grantor FOREVERHOME OF WILMINGTON LLC Safe Source Parcel Map Book 5943 Page 2731 Sale Tvpe IMPROVED Sale Validity - Sale Flag STF3 Instrument 9 Instrument Type Trusleo's Deed Act Reason _ Adj Price 154000 Adj. Amount Link Click Here to view Ine ceoo for this parcel Location Google Map Contact Us Site Links 23U Government Center Drive, Suite 190 'Iti. Phone: (910) 796.7330 NHC Tax Home Wilmington, NC 28403 .Q Fax: (910) 798-731D Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updates: 31/OCT/2016 j Powered byiasWorld Public Access 1 1 of 7 Rerun to Search Results Actions Printable Version Custorn Report Builder Reports Residential PRC Commercial PRC Go Links Sales Validation Form Property oNmer Questionnaire CONTACT US I ( http://etax.nhcgov.comlptll)ataletsll)atalet.aspx?mode=sales&slndex=0&idx=1 &card=2&i... 11 /1 /2016 Book 5943 Page 2731 BK: RB 5943 Il�llll�il�IIIIIIIIIIIIIIIII ��lIIII PG: 2731-2734 RECORDED: 201 0001608 NC FEE 32.6.00 01-20-2016 NEW HANOVER COUNTY, NC STATE OF NC 01:42:42 PM TAMMY THEUSCH HEASLEY REAL ESTAIE By. CAROL HUGHLEY REGISTER OF DEEDS EXTx $308.00 DEPLITY The Grantor and the Grantee confirm the excise Tax Lot No. /Parcel Identifier No. tax is $308.00 R02900-004-202-000 Mail after recording to: BOX: X BAILEY & BUSBY, PLLC — WILMINGTON OFFICE This instrument was prepared b}LEE LAw FI1til1, PLLC Brief Description For The Index: LOT 7, .Bella Sera SUBSTITUTE TRUSTE1,'S DEED GRANTOR Robbie B. Parker, Substitute Trustee c/o Lee Law Firm, PLI,C 1427 Military Cutoff Road, Suite 208 Wilmington, North Carolina 28403 GRANTEE ICR Contracting Company, Inc- a North Carolina corporation P.O. Box 586 Wilmington; NC 28402 THE PROPERTY RE, ERENCED HIsREIN DOES NOT INCLUDE THE 13RIINIARY RESIDENCE, OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. THIS DEED, made this 19 day of January, 2016, by and between ROBBTE, B. PARKER, Substitute Trustee under the Deed of Trust hereinafter mentioned, of New Hanover County, North Carolina (the "Grantor"), and 1CR CONTRACTING COMPANY, INC. (the "Grantee"); WITNESSi TI-1: WHEREAS, on November 26, 2014, ForeverHome of Wilmington, LLC (the "Debtor"),' executed and delivered a Promissory Note evidencing their indebtedness to DAMAS II Charitable Remainder Trust in the original principal amount of $218,000.00 (the "Note"),- and r Book 5943 Page 2732 WHEREAS, Debtor executed a Deed of Trust dated November 26, 2014, recorded in [look 5854. Page 2632 of the New Hanover County Public Registry, conveying certain real property conveyed herein (the "Property") in New Hanover County to John -Paul Schick, "Trustee, for the benefit of DAiv1AS II Charitable Remainder Trust to secure the Note (the "Deed of ]'rust"); and WHEREAS, Grantor was substituted as Trustee by a Substitution of Trustee recorded in Book 5925, Page 923 of the"New Hanover County Public Registry; and WREREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Debtor, by the owner and holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the Deed of 'Trust and sell the real property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and WHEREAS, under and by virtue of the power and authority in him vested by the'Deed of Trust and according to the terms and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of New Hanover County in that certain FORECLOSURE PROCEEDING. entitled 15-SP-723, whereupon the Assistant Clerk of Superior Court of New Hanover County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at 12:10 p.m. on November 23, 2015, did expose the Property for sale at public auction at the New Hanover County Courthouse; and WIJEREAS, Grantor duly reported the sale to the Clerk of Superior Court for New Hanover County on November 23, 2015, wherein DAMAS lI Charitable Remainder Trust was the highest bidder with a bid of $154,000.00 (the "Credit Bid"), and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, no upset bids were filed, and the rights of the parties to the sale have become fixed in accordance with N.C. Gen Stat. §45-21.27(a). NOW, THEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real property: BEING ALL OF LOT 7, BELLA SERA., PRASE TWO, as shown on plat recorded in wlap Book 50, Page 169 of the New Hanover County Registry, SUBJECT TO any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property. TO HAVIT, AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor; as Substitute "Trustee, is authorized and empowered to convey. The Property is specifically conveyed `'AS IS, WHERE IS." Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property; and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. Book 5943 Page 2733 r IN WITNESS WIIEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set his hand and affixed his sea] on the day and year first above written. (SEAL) Robbie B_ Parker, Substitute Trustee Lee Law Firm, PLLC 1427 Military Cutoff Road, Suite 208 Wilmington, North Carolina 28403 STATE OF h-ogNO 1RnTH CAROLINA COUNTYY OF gL\LQ i / I certify that the following person(s) personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated: Robbie B. Parker, Substitute Trustee. Date: January A 2016 SLEINEy a 3 Lti�',,.,'°ta � t ..6R COA,%,�•, [Affix -Notary Seal in Space Above] r [Notary's s gnature as name ap ears n sear PNotary's�nted7e appears ort lseal] My commission expires: ; 20 t� New Hanover County Page 1 of 1 Home Profile Sales Residential Commercial Property Records NHC Tax Home Register of Deeds PARID: R02900-004-203-000 COASTAL HOME CORP 744 TUSCAN WAY t Oil des Return to Search Results Mlsc. Improvements sale Date Grantor Book Page Sale Actions IGrantee Y Printable Version 12-OCT-16 $385,D00 COASTAL HOME CORP FONVILLE MORISEY R 600B 2935 542530 BAREFOOT INC Custom Report Builder 08-APR-16 $52,500 FONViLLE MCRISEY & NORTH CAPITAL 5901 C657 532850 BAREFOOT INC INVESTMENTS LLC Reports 19-JAN-16 $54,500 NORTH CAPITAL FOREVERHOME OF 5043 1822. 62959B Residential PRC INVESTMENTS LLC WILMINGTON LLC Commercial Pi SO-JUN-14 5472,500 FOREVERHOME OF WHITE PARTNERS LLC 561E 0517 496862 WIL14I,NGTON LLC Gd Cale Exemptions Salo Date Sub-parcel(s) Il Sale Key Original Parcel Info Salo Price Grantee Pal Map Grantor Sete Source Book Page Sale Type Salo Validity Sale Flag STER Instrument 9 lnsU urnent Type Adj,Reason Adj, Pnoe Adj. Amount Link 12-OCT--.6 542530 $385,000 00 COASTAL HOME CORP FONVILLE MORISEY & 9AREFOCT INC D-Deed Stamps(Unven6ed) BOOB 2935 VACANT U-Uncual,fied A SpeDaf Warranty 55000 330000 Click Here to view the deer for this parcel Location .9 Geogle Map Contact Us Site Links 23C Government Center Drive, Suite 190 %. Phone: (910) 798-7300 NHC Tax Home Wilmington, NC 28403 $ Fax: (910) 796-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31/CCTf2016 I Powered by iasWortd Public Access Links Sales Vall ion Farm Property Owner Questionnaire CONTACT Us I http://etax.nhcgov.corn/pt/datalets/datalet.aspx?mode=sales&slndex=l &idx=1 &LMparent... 11 /1/2016 New Hanover County Page 1 of 1 CONTACT US I Home Property Records NHC Tax Home Register of Deeds Profile PARID: R02900-004-204-000 COASTAL HOME CORP 740TUSCAN WAY Sales 1 at I Sales I Return 10 Search Results Residential Commercial SaleGrantee Grantor Book Page Sale Date Actions Mist. Improvements p ce Key 12-OCT-16 S385,000 COASTAL HOME CORP FONVILLE MORISEY & 6006 2935 54253. APrintable Version Permits BAREFOOT INC . IF8 Custom Report Buildet 08-APR-15 $52,500 FONVILLE MORISEY & FOREVERHOME OF 596'. 0661 532853 Land BAREFOOT INC WLMINGTON LLC Reports Values '.0-JUN-14 S472,500 FOREVERHOME OF WHITE PARTNERS 1 5819 0517 498883 Residential PRC. 1MLMINGTON LLC Commercial PRC Agricultural Sketch Full L©gal Sale Details 1 era >I fie Sale Oate 12.00T-16 Exemptions Sale Key 542531 Sale Pace $385.000 00 Links Sub-parcel(s) Info Granilee COASTAL HOME CORP Sales Validation Form Original Parcel Into Grantor FONVII.I MORIS=_Y & BAREFOOT INC Sale Source O-Oeeu Stamps (Unverii Property Owner Questionnaire Parcel Map Book 5008 Page 2935 Sale T Yoe VACANT ' Sale Validity U-UnqualiSeC Sale Flag STEB A Instrument At I nscniment Type Speaai Warranty Adi,Reason Acj Price 551 Acj, Amount 330D00 ti'A Click Here to view Inc deer for this parcel Location Google Map Contact Us Site Links 230 Government Center Drive, Suite 190 L Phone: (910) 798-7300 NHC Tax Home Wilmingtor, INC 28403 4 Fax: (910) 798-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina i Last Updated: 31/OCT/2016 I Powered by ia5Wdrld Public Access http:Hetax.nhcgov.comlpt/dataletsldataIet. aspx?modc=sales&sIndex =3&idx=l &LMparent... 11/1/2016 i� Book 5961 Page 665 BK: RB 5961 PG: 665 - 668 INC FEE $26 00 2016010123 RECORDED. NEW HANOVER COUNTY a4 taaizo � s REAL ESTATE TAMMY THEUSCH BEASLEY 11:13:54 AM EXTX $2125 00 REGISTER OF DEEDS BY. ANDREA CRESWEtL ASSISTANT ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 2, /-�S °° Tax Lot No. Parcel Identifier No. Parcel identifier No. I Parcel Identifier No. Parcel Identifier No. R04400-04-108-000 R04400-04-109-000 R04400-04-110-000 R04400-04-111-000 R04400-04-1 I2-000 R04400-04-1 13-000 R04400-04-114-000 R04400-04-115-000 R04400-04-116-000 R04400-04--117-000 R02900-004-196-000 R02900-004-222-000 R02900-004-223-000 I R02900-004-224-000 R02900-004-225000 I I Mail after recording to: Samuel T. Oliver, Jr., Manning Fulton & Skinner. P.A. P. O. Box 20389 Raleigh, NC 27619.0389 This instrument was prepared by: Samuel T. Oliver, Jr. of Manning, Fulton & Skinner, P.A. _ P. O. Box 20389, Raleigh. NC 27619-0389 Brief description for the Index: Lots 8889 90 9l 92 93 123 124 125 and 126 Anchors Bend Subdivision, Phase 4• Lots 1, 42, 43,_44 and 45 Bella Sera Phase 2 T141S DEED made this & day of April, 2016 by and between ULM OF NC, LLC, a North Carolina limited liability company . 6 SS,p �.,zyrQ,,r r_ OWV-� C�� 12 `"-16" i 5\ r-, u,, , `r>` rt'13'1 C, The property con Grantor. FONVILLE MORISEY & BAREFOOT, INC., a North Carolina corporation 1000 St. Albans Drive, Suite 400 Raleigh, NC 27609 nemae the primary suhmitted electronically by "planning Fulton & Skinner, t�.A.1. in compliance with North Carolina statutes governing recordable documents and the germs of the submit ter agreement with the New Hanover Country Register of Deeds. 860792.S7r0.05953.T27444 `s Book 5961 Page 666 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall includes ingular,plural, masculine, feminine or neuter as required by context WITNESSE'i H, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant., bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Harnett Township, New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto. The property hereinabove described was acquired by Grantor by instrument: recorded in Book 5895, Page 1878, and Book 5895, Page 1882, New Hanover County Registry. A map showing the above described property is recorded in Map Book 59, page 134-135, and Map Book 50, Page 169, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid Iot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that: Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes. Enforceable easements, covenants, and restrictions of record as of the date hereof. Irernainder of page intentionally left blank] 8W792.sTO.059531'27434 2 R Book 5961 Page 667 EXH1131T A BEING all of mots 88, 89, 90, 91, 92, 93, 123, 124, 125, and 126, Anchors Bend Subdivision, Phase 4, Map Book 59, Pages 134 and 135, New Hanover County, North Carolina. BEING all of Lots 1, 42, 43, 44, and 45 Bella Sera, Phase Two as shown on plat recorded in Map Book 50, Page 169 of the New Hanover County Registry. 860792. STO.05953.T27444 Book 5961 Page 668 1N WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and year first above written. ULM OF NC, LLC, a North Carolina limited liability company By: ,f____. C_ — fir-- -� Print Name: 4"� s- phArrk� LE — Title: STATE OF !!1 ?-ko COUNTY OF rr- I S 1, the undersigned Notary Public of the County and State aforesaid, certify that r 19 k OC CH--f- — personally came before me this day and acknowledged that _he isof ULM of NC,1_1_C, a North Carolina limited liability company, and that he, as -Lnd-0 �r � f' , being authorized to do so, executed the foregoing on behalf of the company. Witness al "and and official seal, this the L, day of j rr , 2016. Notary Public Type/Print Name.- 1'�� � �� � y My Commission expires: L4RETIA LEE IAiMON �F�;.P�e��., Nota�Y Pub11c, SSaie of 1exns a£ C,)MM. fxplses 02.24.2019 10 130i26?98 860792.Sr0.05953X27444 3 New Hanover County Page 1 of 1 CONTACT US I + Ll Home Property Records NHC Tax Horne Register of Deeds Profile PARID' R02900-ON-222-OW COASTAL HOME CORP 745 TUSCAN WAY Sales 1 nl I Sales Return to Search Results Residential Commercial Sale Date Salo Price Grantee Grantor Book Page Sale Actions Mlsc Improvements 12-OCT-16 $385,000 COASTAL HOVE 009P FONVILLE MORISEY & 6008 2935 542532 cC"°r Printable Version Permits BAREFOOT INC F, Custom Report Builder 08-APR-15 31,052,500 FONVILLE MORISEY & ULM OF NC LLC 5961 C655 532665 Land BAREFOOT INC Reports Values 11-JUN-15 $131,500 ULM OF NC LLC FOR EVERHOME OF 5895 1882 514582 Residential PRC ' WILMINGTON LLC Commercial PRC Agricultural 10-JUN-14 $472,500 FOREVERHOVE OF WHITE PARTNERS LLC 5819 0517 490BB6 Sketch WIILMINGTON LLC Sub -parcels} Info Sale Date Sale Key Original Parcel Into SalePnce Grantee Parcel Map Grantor Sale Source Book Page Sale Type Sale Validity Sale Flag STEB Instrument # Instrument Type Act. Reason Act. Price Adl Amount Link 12-OCT-15 Links 542532 Sales Validation Form $355,000 00 COASTAL HOME CORP Question owner FONVILLE MORISEY & BAREFOOT INC QuesUonnakre D-Deed Stamps (Um'enfieo) 6008 2935 VACANT U-Unquali8ec A Special Warrant' 55oao 330000 Click Here to view Ise need for finis cancel Location A.Geogle Map contact US Site Links 230 Government Center Drive, Sulte 190 S, phone: (910) 798-7300 NHC Tax dome Wilmington, NC 28403 $ Fax: (910) 799-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31/OCT/2016 I powered by iasworld Public Access http://etax.nhegov-com/pt/datalets/datalet.aspx?mode=salcs&sItidcx=4&ldx=1 &LMparent... 11 /1 /201 G New Hanover County Page I of 1 CONTACT US ( �1� 3 Home Properly Records NHC Tax Home Register of Deeds Profile PARIO'. R02900-004-223-WO COASTAL HOME CORP 747 TUSCAN WAY Sales 1 cl 1 Sales Return to Search Results Resident al Commercial Sale Date Sale Price Grantee Grantor Book Pagn Sale Actions Miss Improvements Key 12-OCT-15 $385,000 COASTAL :COVE CORP FONVILLE NORISEY & 6008 2935 542529 C".-. Printable Version Permits - BAREFOOT INC 43 Custom Report Buildef 08-APR-15 51,062,500 FONVILLE VORISEY & ULM OF NO LLC 5961 0,365 532866 Land BAREFOOT INC Reports Values 11-JUN-15 S131,500 ULM OF NC LLC FOREVERHCME OF 5895 1862 514663 Residential Pi `ALWv NGTON LLC Cernmercial Pi Agricultural 10-JUN-14 gc72,500 FOREVERHOME OF WHITE PARTNERS LLC 5619 0517 496887 WILNINGTilN LLC Sketch Full Legal Go Sale Details i cI n )i Exemptions Sale Dale 12.00T-16 (_inks Sub-parcel(s) Info Sale Key 542529 Sales Validation Form Original Parse! Info Sale Price $385,000 0o P r Owner Grantee COASTAL HOME CORP Questionnaire stio Parcel I dap Grantor FONViILE MORISEY &BAREFOOT INC Sale Sou`ce O-Deed Stamps (Unverified) Hook 5008 Page 2935 Sale Typo VACANT Sale Valid,ry U-Unqualdied Sale Flag STEB A Instrument 4 Ins:,vment Type Spoi Wa:*nnty Adj. Reason , Adj. Price 55000 Adj. Amount 330000 Link Click Here to view the deed for tnis parcel Location .9 Google Map Contact Us Site Links 230 Government Center Drive, Suite 190 :. Phone: (910) 798-7300 Ni Tax Home Wilmington, NC 28403 0 Fax: (910) 798-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31/OCT/2016 I Powered by rasWortd Public Access http://etax.ilhcgov.cornlptldataletsldatalet.aspx?mode=sales&sl ndex=5&jdx=1 &LN4parent... 11/1 /201 G New Hanover County Page 1 of l CONTACT US I 1 Home Properly Records NHC Tax Home Register of Deeds Profile PARID: R02900-004-224-OW COASTAL HOME CORP 751 TUSCAN WAY Sales 1 °l1 Sales Return to Search ResOls Residential Commercial le Sale Dale Sale Pnce Grantee Grantor Book Page Sale Actions Mlsc. Improvements c y 12-OCT-16 $365,OD0 COASTAL HOME CORP ❑NVILLE MORISEY fi 600B 2935 542533 Printable Version _ BAREFOOT INC 6i Custom Report Builder Permits 08-APR-15 $1,C62,500 FONVILLE MORISEY & ULM OF NC LLC 5261 0665 532857 Land BAREFOOT INC Reports Values 11-JUN-15 $131,500 ULM OF NC LLC FORFVERHOME OF 5695 1882 514664 Residential PRC WILMINGTON LLC Commercial PRC Agricultural 10-JU\-14 $472,500 FOREVERHOME OF Wl1ITF PARTNERS LLC 5619 0517 498B88 WILMINGTON LLC Sketch Full Go Legal Salt/ Details 1.14 )t Exemptions Sa'e Data 12-OCT-15 Links Sutrparcel(s) info Sale Key 542533 Sales Validation Form Original Parcel Into Selo Penn $385,000.00 Prop" Owner Grantee COASTAL HOME CORP Oueslionnaire Parcel Map Grantor FONVILLE MORISEY S BAREFOOT INC Sala Source D-Deec Stamps (Unverified) Book 5005 Page 2935 Sale Type VACANT Sale Validity U-Unqualifred Sale Flag STES A Instrument 0 Instrument Type Special Warranty Act Reason Act, Price 55000 Acl Amount 33DODO Link Click Here to viow the deed for this parcel Location V Google lvaP Contact Us Site Links 230 Government Center Drive, Suite 190 1- phone- (910) 798-73DO NHC lax Horne Wilmington, NC 28403 $ Fax: (910) 798.7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31JOC1/2016 I Powered by 1asWorld Public Access http:Hetax.nhegov.com/pUdataletsldatalet.aspx?mode=sales&sIndex=6&idx=l &LVlparent... 11 / 1 /2016 New Ilanover County Page I of 1 CONTACT Us I E L'�' 0 Home Property Records NHC Tax Home Register of Deeds Profile PARID: R02900-004-225-000 - COASTAL HCME CORP 753 TUSCAN WAY Sales 1 nt 1 :Sales I Return to Search Results Residential Commercial Safe Date Sale Pnce Grantee Gmrtor Dook Page Ketn Actions Misc Improvements Y "Printable Version Permits 12-OCT•16 S385,000 COASTAL HOME CORP FONViLLE MORISEYR 5008 2935 542534 BAREFOOT I.NC Custom Report Buildel CB-APR-15 91 W2,500 FONVILLE MORISEY & ULM OF NO LLC 5961 0665 532868 - Land BAREFOOTINC Reports Values 11-JUN-15 $131,500 ULM OF NO LLC FOREVERHOME OF 5895 1882 514687 Residerlial PRO WILMINGTON LLC Commercial PRO Agricultural 10-JUN-14 $472,500 FOREVERHOME OF WHITE PARTNERS LLC 5619 0517 498889 WLMINGTON LLC Sketch Full Legal Go Sete Details told )t Exemptions Sale Date 12-OCT-16 Links Sub-parcel(s) Into Sale Key 542534 Sales Validation Form Original Parcel Info Sale Price 5385,000 o0 Grrl COASTAL HOME CORP Property 0wrer ouestionnave Parcel Map Grantor FONVILLE MORISEY A BAREF007 INC Sale Source D-Deed Stamps {Unverif ee) Book 6006 Page 2935 Sale Type VACANT Sale Va licdy U-Unaunlil ' Sale Flag STIES A l'',strument N Instrument Typo Sandal Warranty Adj,Reason Aci.Pnce 55000 Aoj, Amount 330000 LirK Click Here to view the deed for sits parcel Location .Q Google Map Contact Us Site Links 230 Government Center Drive, Suite 190 'k. Phone: (910) 798-7300 NHC Tax Home Wilmington, NC 26403 @ Fax: f910) 798-7310 Register of Deeds Copyright 2015 by New Hanover County, North Carolina I Last Updated: 31/OCT12016 I Powered by iasWarttl Public Access http://etax.nhcgov.com/pt/datalets/datalet.aspx?mode=salcs&slndcx=7&idx=1 &LMparent... 1 1/1/2016 Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2014 Nov 19 02A7 PM RE Excise Tax.S0.00 Book: 5852 Page: 821 Fee: $26.00 instrument Number:2014031083 Non -Standard Fee: $0.00 PREPARED BY AND RETURN TO: BAKER &: COLBY, PLLC � � I DOl MILITARY CUTOFF ROAD, SUITE 204 Co WILM114GTON, NC 28405 T M O Q o STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER QUITCLAIM TRANSFER AND ASSIGNMENT OF DECLARANT RIGHTS FOR BELLA SERA VILLAS AT VINEYARD PLANTATION THIS QUITCLAIM TRANSFER AND ASSIGNMENT OF DECLARANT RIGHTS (this "Assignment") is made and entered into as of this day of November, 2014, by White Partners, LLC, a North Carolina limited liability company ("Assignor"), to and in favor of ForeverHome of Wilmington, LLC, a North Carolina limited liability company ("Assignee"). WHEREAS, Assignor desires to quitclaim transfer and assign to Assignee all of its right, title and interest, if any (none represented or warranted hereby and only to the extent such assignment is permitted by law), in and to its status as Declarant under that certain Declaration of Covenants and Restrictions and Easements for Bella Sera Villas at Vineyard Plantation recorded April 4, 2006 in Book 5002 at Page 1113 of the New Hanover County Register of Deeds, and amended on March 12, 2007 in Book 5I53 at Page 765, New Hanover County Register of Deeds, as supplemented and amended from time to time (as so supplemented and amended, the "Declaration"), and all of the rights and easements associated therewith; and WHEREAS, Assignee desires to accept fully such assignment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby quitclaim transfers and assigns to Assignee all of its right, title and interest, if any (none represented or warranted hereby and only to the extent Submitted electronically by "Baker & Colby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. r such assignment is permitted by law), in and to its status as Declarant under the Declaration, and all of the rights and easements associated therewith, and Assignee, by its acceptance hereof, hereby accepts fully such transfer and assignment. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly executed and to be effective as of the date of its recordation in the New Hanover County Register of Deeds. ASSIGNOR: White Partners, LLC i ASSIGNEE: ForeverHome of Wilmington, LLC BY (SEAL) lt;> �4&4u , Member/Manager COUNTY OF �FR , STATE OF NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Thovr�s P1- Sr, g?; d ATV-. Date: t l '1 1ly��y.��h (SEAL) My commission expires: 1 2 ti �$� r,^,k i "sc • wy-bb , Notary Public MELISSA F WE6B Notary Public. North Carolina Wake County My Commission Aires Ns s COUNTY OFIV WC*-� , STATE OF NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntari y signed the foregoing document for the purpose stated therein and in the capacity indicated: E� Date: -� / (SEAL) My commission expires: 3?,,n' ; , Notary Public AnB. Gunn Notary Public New Hanover County North Carolina M Commission res 8121 2016 Corporations Division Page 1 of I North Carolina Elaine F. Marshall ❑ E PARTM E NT O1= TH E Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Click Here To: View Document Filings File an Annual Repor# Amend a Previous Annual Report Pnnt a Pre -Populated Annual Report form Corporate Names Legal: Coastal Home Corporation Business Corporation Information Sosld: 1484788 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/7/2015 Fiscal Month: December State of Incorporation: NC Registered Agent: Lee, Michael V. Corporate Addresses Reg Office: 1427 Military Cutoff Road Suite 208 Wilmington, NC 28403-3696 Principal Office: 305 Coral Drive Wrightsville Beach, NC 28480-2737 Mailing: PO Box 1377 Wrightsville Beach, NC 28480-1377 Reg Mating: PO Box 4548 Wiimington, NC 28406-1548 Officers Secretary: Jordy Rawl 305 Coral Drive Wrightsville Beach NC 28480 President: Dan Weldon 3601 Owencroft Ct Wilmington NC 28409 Stock Class: Common Shares: 10000 No Par Value: Yes Account Login Register https://www,sosne.gov/Search/profcorp/I 1905747 I 1 / 1 /2016 '- BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Coastal Home Corporation SECRETARY OF STATE ID NUMBER: 14$47$8 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1?l311?n15 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Lee. Michael V. 2. SIGNATURE OF THE NEW REGISTERED AGENT: ring once use onIy E-Filed Annual Report 1484788 CA201605300877 2/22/2016 02:04 Changes SIGNATURE CONSTITUTES CONSENT TO TILE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 1427 Military Cutoff Road Suite 208 PO Box 4548 Wilmington, NC 28403-3696 New Hanover County Wilmington, NC 28406-1548 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Residential Home Builder 2. PRINCIPAL OFFICE PHONE NUMBER: 910-332-8531 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 305 Coral Drive PO Box 1377 Wrightsville Beach, NC 28480-2737 Wrightsville Beach, NC 28480-1377 SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Dan Weldon TITLE: President ADDRESS: 3601 Owencroft Ct Wilmington, NC 28409 NAME: Jordy Rawl NAME: TITLE: Secretary TITLE: ADDRESS: 305 Coral Drive Wrightsville Beach, NC 28480 ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Dan Weldon SIGNATURE Form must be signed by an officer listed under Section C of this form. Dan Weldon Print or Type Name of Officer 2/22/2016 President This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525. Raleigh, NC 27626-052.5 DATE Print or Type Title of Officer New Hanover County Page 1 of 2 Home Property Records Search by Owner Name Filter By Options Results NHC Tax Home Register of Deeds Name' ICOASTAL HOME CORP Type in: LastName FirstName Sort by' Parcel ID Ascending v Results/page: Fis v Search required Data Current as of 3VOCT12016 Click rows to view property details Displaying 1 - 14 of 14 Parcel IDA Owner Name Parcel Address Roll LUC R02900-004-176-000 COASTAL HOME CORPORATION 610 WINERY WAY RP 958 R02900-004-196-000 COASTAL HOME CORP 764 TUSCAN WAY RP 958 R02900-004-203-000 COASTAL HOME CORP 744 TUSCAN WAY RP 958 R02900-004-204-000 COASTAL HOME CORP 740 TUSCAN WAY RP 958 R02900-004-222-000 COASTAL HOME CORP 745 TUSCAN WAY RP 956 R02900-004-223-000 COASTAL HOME CORP 747 TUSCAN WAY RP 956 R02900-OD4-224-000 COASTAL HOME CORP 751 TUSCAN WAY RP 958 R02900-004-225-000 COASTAL HOME CORP 753 TUSCAN WAY RP 958 R02900-004-234-000 COASTAL HOME CORPORATION 8402 YEARLING LN RP 958 R06700-006-055-000 COASTAL HOME CORP 5228 TREYBROOKE DR RP 958 R06700-006-059-000 COASTAL HOME CORP 5224 TREYBROOKE DR RP 958 R08100-006-243-000 COASTAL HOME CORP 7618 ONTARIO RD RP 958 R08100-006-252-000 COASTAL HOME CORPORATION 7617 VANCOUVER CT RP 958 R08100-006-256-000 COASTAL HOME CORP 7614 VANCOUVER CT RP 958 $F0 Printable Version Location .0 Google Map 230 Government Center Drive, Suite 190 Wilmington, NC 28403 Contact Us t. Phone: (910) 798-7300 $ Fax: (910) 798-7310 Site Links NHC Tax Home Register or Deeds Results Page: [1] CONTACT US I O http://ctax.nhegov.com/pt/search/CommonScareh.aspx?tnodc=O1N'N1=;IZ 11/I /2016 CA201609905774 SOSID: 0722447 Date Filed: 4/8/21116 11:59:00 1'M Elaine I'. Marshall LIMITED LIABILITY COMPANY ANNUAL REP \urth Carolina Secretary of State 0CA2016 099 05774 NAME OF LIMITED LIABILITY COMPANY: White Partners LLC SECRETARY OF STATE ID NUMBER: 0722447 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2016 SECTION A. REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Elizabeth W. Voltz 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Wake SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Filing Offico use only aChanges SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Wake 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 863-1000 3. PRINCIPAL OFFICE EMAII Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 8 COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS l7. � 3301 Benson Drive, Suite 103 PO Box 17566 Raleigh, NC 27609 Wake Raleigh, NC 27619 Wake SECTION C: COMPANY O Ff_ IQALSS (Enter additional Company Officials in Section E.) NAME:. Lonnie C Poole , III TITLE: Manager NAME: Thomas A. Saieed , Jr. NAME: TITLE: Manager TITLE: ADDRESS: 3301 Benson Drive ADDRESS: Suite 103 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Wake Raleigh, NC 27609 Wake ADDRESS: SECTION D: RTIFICATLON OF ANNUAL, REPORT, ection D must be completed in its entirety by a persontbusiness entity. a aq lice SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. _ -7&m cLs -A - 5c l ecd , Tr. ma. -no - Print or Type Name of Compan Official Print or Type The fAtle of the Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILfNG FEE OF $200 MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 ❑ t � r. v 0 ua 00 T 0 v T O N Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2014 Jul 17 12:11 PM RE Excise Tax:S0.00 Book: 5827 Page: 322 Fee: $26.00 Instrument Number:2014018504 Non -Standard fee: $0.00 Prepared by and Return after recording to: Weatherspoon & Voltz LLP 3605 Glenwood Ave. Suite 480 Raleigh, NC 27612 NORTH CAROLINA ) DEED OF RELEASE NEW HANOVER COUNTY ) THIS DEED OF RELEASE, made and entered into this J-4-4day of June, 2014, by and between BLUE WATER EQUITY GROUP H LLC ("Noteholdee ), ELIZABETH W. VOLTZ ("Trustee"), and WHITE PARTNERS LLC, ("Grantee"). The designation Noteholder, Trustee, and Grantee, as used herein shall include the designated parties, their heirs, successors and assigns and shall include the singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, the Grantee heretofore executed a Future Advance Deed of Trust, Assignment of Rents and Leases and Security Agreement (North Carolina) dated June 23, 2005 and recorded on June 23, 2005 in Book 4868, Page 2381, New Hanover County Registry, as amended, and an Assignment of Rents and Leases dated June 23, 2005 and recorded on June 23, 2005 in Book 4868, Page 2419, New Hanover County Registry, as assigned by that certain Assignment of Deed of Trust and Loan Documents recorded in Book 5551, Page 2425 New Hanover County Registry, to Blue Water Equity Group II LLC (hereinafter referred to as the "Security Instalment") to secure a note therein described and payable to the Noteholder or the Noteholder's predecessor in interest; and WHEREAS, the Grantee has requested the Trustee and the Noteholder to release from the operation of the lien of the Security Instrument on the real property hereinafter described, and the Noteholder has agreed to do so and has requested the Trustee to join in said release; and NOW, THEREFORE, the Noteholder and the Trustee, for good and valuable consideration by the Grantee, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise, release and forever quitclaim unto the said Grantee and his heirs and assigns certain lands situate in the County of New Hanover and State of North submitted electronically by "Baker & Colby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the lands and premises, together with all privileges and appurtenances thereto belonging to them, the Grantee and their heirs, successors and assigns, free and discharged from the lien of the Security instrument described above. But it is understood and agreed that this release shall apply only to so much of said lands as are herein expressly described and conveyed, and that the remainder of said lands shall remain subject to the lien of said Security Instruments, and shall remain in full force and effect. [Remainder of page intentionally left blank. Signature pages follow] 2 IN TESTIMONY WHEREOF, the said Noteholder and Trustee have hereunto set their hands and seals this the day and year first above written. NOTEHOLDER: BLUE WATER EQUITY GROUP H LLC, a North Carolina invited liability company By: Thomas A. Saieed, Jr., Manager STATE OF NORTH CAROLINA COUNTY OF WAKE 1, M e i l'SSV,� IAJU* , a Notary Public for said County and State, do hereby certify that Thomas A. Saieed, Jr. personally came before me this day and acknowledged that he is Manager of Blue Water Equity Group R LLC, a North Carolina limited liability company, and as the act of the limited liability company, the foregoing instrument was signed in its name by him as its Manager. Witness my hand and official stamp or seal, this 1 & day of 2014. Notary Public Printed Name: L4-kJZ43 My commission expires: 7 2 ! 1$ [stamp/seal] MELl$$A P WEBB Notary Public, North Carolina Wake County My Comm isaio xpires 7 m:losers\wvllpVob\clientslrenaissancelblue water equity group iRsale of lots 1, 7, 8, 9. 10, 42, 44 & 451release deed.doex TRUSTEE: �& M'� � a V i, kf - E4za eth W. Voltz, Trustee STATE OF NORTH CAROLINA COUNTY OF WAKE L e.r S , ar ham-✓ a Notary Public for said County and State, do hereby fy that Elizabeth W. Voltz, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this [y day of _ J4h e , 2014. My commission expires: ( '12 a2(+I( S, fy �i N07',q,Q� [NOTARIAL SEAL] _ ; �. i"� f Cp ' w-. %-%"S "10 Notary PulAc '+ II Printed Name: 11?A ((,e S 4rt'+„-.r 4 EXHIBIT A BEING all of Lots 1, 7, 8, 9, 10, 42, 43, 44 and 45, Bella Sera, Phase Two, as shown on map recorded in Map Book 50 at Page 169-of the New Hanover County Registry, reference to which is hereby made for a more particular description. 5 p jy Book 6008 Page 2935 SK: RB 6008 PG: 2935-2936 2016033081 NC VV;rt MN REcoRDEo. NEW }{ANOV�R COUNTY. NC STATE OF NC 10-12-201 fi REAL ESTATE 10:33:59 AM TAMMY THEUSCH 9EA5LEY EX -TX S77006 BY: CAROL IIUGHLEY REGISTER OFDEEdS DEPUTY NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: w$ 770. 00 Tax Lot No. Parcel Identifier No. Parcel Identifier No. R02900-004-196-000 R02900-004-203-000 R02900-004-223-000 R02900-004-224-000 Parcel Identifier No. Parcel Identifier No. R02900-004-204-000 R02900-004-222-000 R02900-004-225-000 RETURNED TO: Mail after recording to: Grantee me—' 11 `Phis instrument was prepared bylamuet 'r. Oliver Jr. of Mannin Fulton & Skinner P.A. P. 0. Box 20389. Raleigh, NC 27619-0389 (without title examination) Brief description for the Index: Lots 1, 8, 9, 42, 4144 and 45 Bella Sera Phase 2 tkkb4Uz THIS DEED made this iday of fir, 2016, by and between GRANTOR FONVILLE MORISEY & BAREFOOT, INC., a North Carolina corporation 1000 St. Albans Drive, Suite 400 Raleigh, NC 27609 GRANTEE COASTAL HOME CORPORATION, a North Carolina corporation P. 0. Box 1377 Wrightsville Beach, NC 28480 The property conveyed by this instrument does not include the primary residence of the Grantor. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 88 3472.STQ.05953.i'27444 Book 6008 Page 2936 WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Harnett Township, New Hanover County, North Carolina and more particularly described as follows: BEING all of Lots 1, 8, 9, 42, 43, 44 and 45 Bella Sera, Phase Two as shown on plat recorded in Map Book 50, Page 169 of the New Hanover County Registry. The property hereinabove described was acquired by Grantor by instruments recorded in Book 5961, Page 657, Book 5961, Page 661, and Book 5961, Page 665. New Hanover County Registry. A map showing the above described property is recorded in Map Book 50, Page 169, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes. Enforceable easements, covenants, and restrictions of record as of the date hereof. [remainder of page intentionally left blank] 881472.ST0.05953327444 2 Book 6008 Page 2937 IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and year first above written. FONVILLE MORISEY & BAREFOOT, INC., a North Carolina corporation By: Au ie . Bare , r. zdent STATE OF NORTH CAROI.INA : COUNTY OF 1 certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated: Audie P. Barefoot, Jr., President ^ 1 � Witness my hand and Notarial Stamp/Seal this 104 day of _OGkloe'l , 2016. LYSA A. BLOM Notary lidblic NOTARY PUBLIC Print/Type Name: I.ysa A. Bland �NAKB COUID, N'O . - -� My Commission Expires: —7— Z 88 E 472.STO.05951=444 Book 6008 Page 2938 \Go�yNiY•HoA. TAMMY THEUSCH BEASLEY New Hanover County y� C K Register of Deeds $ Register of Deeds W z 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 . Telephone 910-798-4530 • Fax 910-798-7751 tii**t*t+i+*+*+++++}*+**i*i+*iiitii asii titi it iii ittti it*iti*#*i***+t#*aitii*iii*iiii iiii*iaa ti*a**iti*tt***i State of North Carolina, County of NEW HANOVER Filed For Registration: 10/12/2016 10:33:59 AM Book: RB 6008 Page: 2935-2938 4 PGS $796.00 Real Property $26.00 Excise Tax $770.00 Recorder: CAROL HUGHLEY Document No: 2016033081 ti ti ti itt*i*iiti*it lit itt t*ttt iti iiittt tit*ii ii ii tti**i*#it*lit**i**atta##******i*ai*ia*atii i#i}}}iiiii}**ai DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording, Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENTof Secretary SECRETARY of SZ PO Box 29622 Raleigh, NC 27626-0622 (9' Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: White Partners LLC Limited Liability Company Information Sosld: 0722447 Status: Current -Active Annual Report Status: Current Cities zenship: Domestic Date Formed: 4/23/2004 Fiscal Month: _ IDecember State of Incorporation: NC Registered Agent: Egg Elizabeth W. Corporate Addresses Principal Office: 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Reg Office: 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Reg Mailing: 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Mailing: PO Box 17566 Raleigh, NC 27619 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20, Manager: Lonnie C Poole , III 3301 Benson Drive Suite 103 Raleigh NC 27609 Manager: Thomas A. Saieed , Jr. 3301 Benson Drive, Suite 103 Raleigh NC 27609 http://www.secretary.state.nc.us/Search/profcorp/6460972 2/8/2016 C;A291511000047 SOSID: 0722447 Date Filed: 4/20/2015 8:28:00 AM " Elaine F. Marshall r LIMITED LIABILITY COMPANY ANNUAL North Carolina Secretary of State ~� CA2015 110 00047 NAME OF LIMITI=D LIABELITY COMPANY: White Partners LLC SECRETARY OF STATE ID NUMBER: 0722447 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2015 1. NAME OF REGISTERED AGENT: Elizabeth W. Voltz 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Wake 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 863-1000 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 3301 Benson Drive, Suite 103 Raleigh, NC 27609 Wake Ring Office Use ONy Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 3. PRINCIPAL OFFICE EMAIL: 5. PRINCIPAL OFFICE MAILING ADDRESS PO Box 17566 Raleigh, NC 27619 SECTJON C: GO PANY OFEICIALSIORGANIZERS (Enter additional Company Officials/Organizers in Section E.) NAME: Thomas A. Saieed Jr TITLE: Manager ADDRESS: 3301 Benson Drive Suite 103 Raleigh, NC 27609 NAME: Lonnie C. Poole III NAME: TITLE: Manager ADDRESS: 3301 Benson Drive Suite 103 Raleigh, NC 27609 TITLE: ADDRESS: SECTION D: OF ANNUAL REPQR1. Section D must be completed in its entirety by a person/business entity. SIGNATURE DATE Form must be signed by a Company Officiavorgan¢ar listed under Section C of this form. i�r,na5 p. Scae. J- ATV-.- Prinl or Type Name of Company OfriciaVOrgan¢er ITl E SUBMn" THIS ANNUAL REPORT WITH THE ftEOtilft�D FILING FEE OF S2(]I] MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Releigh, NC 27626-0525 LIMITED LIABILITY COMPANY e. ANNUAL REPORT Date Filed: 3/10/2005 2:36 PM Elaine F. Marshall North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: If,'bite Partners LLC STATE OF INCORPORATION: NC SECRETARY 01, S'FA'IE L.L.C. ID NUMBER: 0722447 FEDERAL EMPLOYER ID NUM13E NATURE OF BUSKESS: Real Estate REGISTERED AGENT: Gregorio, Jeffrey T. REGISTERED OFFICE MAILING ADDRESS: 1'-0. Box 17566 Raleigh, NC 27619 REGISTERED OFFICE STREET ADDRESS: 3301 Benson Drive Suite 535 Raleigh, NC 27609 County: Wake SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TELEPHONE NUMBER: 919-863-1000 PRINCIPAL OFFICE MAILING ADDRESS PRINCIPAL OFFICE STREET ADDRESS: MANAGI RSiMF:MBERS/ORGANIZERS: Thomas A. Saieed Jr. Title: Manager 3301 Benson Drive Suite 535 Raleigh, NC 27609 P.D. Box 17566 Raleigh, NC 27619 3301 Benson Drive, Sri ite 535 Raleigh, NC 27609 Lonnie C. Poole Jr, Title: Manager 3301 Benson Drive Suite 601 Raleigh, NC 27609 C0NS6NT,T'(5-1'Hl: APPOINTMENT CERTIFICATION O y N[ JAL O/RLM—'dS'F B OMPLETED BY ALL LIMITED LIABILITY COMPANIL'S k.:..T. FORM MUSE BE SIGNED BY A MAiNAGERIMEMBER DATE Thomas A. Saieed, Jr. Manager/Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL. HFPORT FEE.: S200,00 MAIL TO: Secretary of State - Corporations Division • Post Office Box 29525 • Raleigh, NC 27626.0525 New Hanover County j PARID:R02900-004-151-000 Page 1 of l BELLA SERA VILLAS ASSN INC 350 FUTCH CREEK RD Parcel Alt ID 327017.02.0192.000 Address 350 FUTCH CREEK RD Unit City WILMINGTON Zip Code Neighborhood F91340 Class HOA-Homeowners Common Area Land Use Code OAC-OWNERS ASSOCIATION COMMON AREA Living Units Acres 4.67 Zoning R-15-RESIDENTIAL DISTRICT Legal - Legal Description (4.67AC) COMMON AREA/DETENTION POND AREA BELLA SERA Tax District FD Owners Owner BELLA SERA VILLAS ASSN INC City WILMINGTON State NC Country Zip 28405 THE DATA IS FROM 2015 http://etax.nhcgov.com/Datalets/PrintDatalet.aspx?pin=R02900-004-151-000&gsp=PRO... 1 /28/2016 New Hanover County PARID:R02900-004-151-000+ BELLA SERA VILLAS ASSN INC Page 1 of 1 350 FUTCH CREEK RD 1 IF { �Y , kT ;;rr ,t�tt, Al It 4Y, "�:�� t A� �Pl ., S�.< Al fV r } f1h .G L }'Lr •ti jot LZ If Eby atdi�* -4. �y . � 4F ii "1jW, � -' r ; 4 �:�_ t�"�iJ rk: ",� � Yam. Z t°• t'•tv�.'.i��� h4,: a'���•I� S�'�tC+�'"IL r 1. •ti� .0 i'•" '` �i's . � sYA , �y� `vim �'"� � �,a' �.a w yr �'�'�°d� � '� • #L' eaA y � ��r� � ,�� Y�`•,�� � �+�'"�"�, •; ,arf, Y fit_ �� ��"���y�i r.+�,' 'SYi h •�. r.0 .��. ';N�,•�'-3�� +-rnr''L','�!� Copyright 2007 httpJ/etax.nhcgov•comlarcgismaps/PrintMap.aspx?pageType=Datalet&imageFormat=P... 1 /28/2016 New Hanover County Page 1 of 1 • PARID:R0290D-004-151-000 BELLA SERA VILLAS ASSN INC 350 FUTCH CREEK R[ wes Sale Date Sale Price Grantee Grantor Book Page Sale Key 13-SEP-07 NEW HANOVER COUNTY WATER & SEWER WHITE PARTNERS LLC 5230 2756 424816 12-MAR-07 GORDON JEROME L ETAL WHITE PARTNERS LLC 5153 765 417184 04-APR-06 $0 BELLA SERA VILLAS ASSN INC WHITE PARTNERS LLC 5002 1113 406334 'Sale Details 3 of 3 Sale Date 04-APR-06 Sale Key 406334 Sale Price $.00 Grantee BELLA SERA VILLAS ASSN INC Grantor WHITE PARTNERS LLC Sale Source - Book 5002 Page 1113 Sale Type Sale Validity - Sale Flag STEB Instrument # Instrument Type Declaration of Condo !Townhouse Adj. Reason Adj. Price Adj. Amount Link Click Here to view the deed for this parcel http:lletax.nhcgov.com[Datalets/PrintDatalet.aspx?pin=R02900-004-151-000&g... 2/8/2016 Corporations Division Page 1 of 1 Click Here To: View Document Filings Corporate Names North Carolina Ef,91ne F marsha11 DEPART' ENT of -ME Secretary S5CRE-rARY of STATE PO Box 292 Raleigh. NC. 2762WaU M9)907-200 Legal: Bella Sera Villas at Vineyard Plantation Association, Inc. Non -Profit Corporation Information Sosld: 0896014 Status: ;;Current -Active Annual Report Status: Not Applicable Citizenship: f 'IDomestic v ~ Date Formed: 1/31/2007 Fiscal Month: _ December _ State of Incorporation: NC Registered Agent:_ _ 'Jarrett, Paul Derek Corporate Addresses Principal Office: 2018 Eastwood Road Wilmington, NC 28403 Reg Office: ; 2018 Eastwood Road ' 'Wilmington, NC 28403 ; Reg Mailing: P.O.Box 12051 Wilmington, NC 28405 Mailing: P.O,Box 12051 i Wilmington, NC 28405 httpalwww.secretary. state. nc.us/Search/profcorp/8136482 1 /26/2016 STATE OF NORTH CAROLINA Department of the 8eereloryof Srate DESIGNATION OF REGISTI&RED OFFICE ADDR96S ANDIOR Rl1;cilsM90 AGENT SOS[ D: 0896014 Date Filed: 3/22/2014 10:52,00 AM Elaine F. Marshall North Carolina Secretary of State C2013 322 00140 Pursuant to 1351] 330 and §55D-31 of die Generbl Statutes of North Carolina, the undersigned entity submits the following for the yurpose of designating a tgimered office And/or regismd Bgent in the Slits ofWofth Carolina I. T1 a nit=of the wthy is: Bello Sera Villas at Vitrayard Plantollon Asswifidoo, Inc. Ifntfty Typtr: C 1 Ce ration, I 1 varalao Cotpor ocA i:) kauprorn carparwon, t) Foredo Nonyrolil Car}xualloo, { l l bniled Llnbillty Camtnmy, () Fertile i.ifi W LWIlly Company, l 1 Limited ParinatiNy, { l Foreign Lhaltml Partnership, (1 Llmlted Llabillry Damia►ft i 1 Poreigrt Limped Llablllty Pottgenhlp 2. (Cheek tf appllaable), f .I The entity currently has ito registered oP6ce eft file with the Secretary of Slain. 3. check 1(appllcable),1 -.1 no insUing address of the mgisterod office is not on Me with ilia Secretary of State, 4. The street addran mid oottrtty of the entity's designated ►egistered offtee is: Mmber and Sheet: c/o Premier Management Company, 2018 Rastvuood Road City, State, Zip Code: Wilih1bgton, North Carolina 28403 County: New Hanover 5, The mailing address tf dWem1 jrdait the srrrd eddma of the designated registered oiiiee it: P.O.Box 12051, Wili><tin&%Warth Carolina 28405 6. (Check if grpllaWO lY1 Tito entity ettnently has no regi&WwA agent on Mo with the Sactntary of Stale. 7. Nauma of the deslgnated registered agent and the desigrud registattsd 4 s 1111](1111:1111pi I the a ant appears below Paul Derek .iarnait Agent (Pypa or Prltx Name: of New 40w) lIIsat dI 77114`j 1, Tiio eddreas of ilia endWs regiverod office and the address of the bttslness office of Its registered writ, as designated homta, will be identical, 9. This statement will be ctleaive upon tiling, unlsss a dale and/or time is "eiPed: 10. This is" 20day of rtbr" 20 +A. Bane Sera Villas et Vlneyard Pltnttalion Aswtiltioo, It e,. use f ' fltl j {$lYiiRlfl!'�f (i)lm 6P Pr ate Alami ood 7711c) NOTM 1. Flltoa fee it Me. out osaeuted statement must he Clad silk the %tertiary arstat.. 3.111% farm h for use by entitles flint ha+o tot shod tho name of a roQliured a$rnl or nddrtu of A reQtaterad onke wolf the Corlwaiiaru Division. e human of sirlot bare, the new ralitfu*6 geMi may sign a sepxratotr h(a cenifnt to the most he switbed to this tt,terHimt. CORPORATIONS DIVISION P.O. BOX 29622 AA11.01, NC 27626.0622 (ltrrflyd Jtrrrrrrrr Ifltil) (Fora, M-OJ) Jan.13, 2014 3:06PM SOSID: 0896014 Date Filed: 1/14/2014 11:55:00 AM Elaine F. Marshall North Carolina Secretary of State State of Ndrifi Citroft& C2013 322 00139 Debutokhrof the Set lacy of State- NONPROFIT COM-PORATION'S STATEMENT OF "ANCZ OF IFUNMAL OMCZ Punudigl� fwa.wjp,g--rqr the pq semurk-0 00; LA ".vxjxUAU"m4 WAS ThQ-.aoo�'Qff�O iA% Rik Sera VAIl3-01 146Y*. Pftiqft AkwImfim, w;. 116600 lius'mdd wwti of, tkprigbi Offici 06k coqwrstlon curmb 64 111C is, N=bef:UW. S trftt .13.01 Boom DiNkU"I O� .66, glste, Zip C,66a,, AW�Jgb, C -276012; county. wako. M-%a maUing addmo the ithmiadelim of ilie rtiaci it of cum' lly, on fili li. L Ito #mlAd&mll)&Cmc .Y of s1 ftripCjpal gffke 0? ffic C-myWrim" 1s"' Rvfter and SiNvAc Oio hco(cr Manajcmcnl domp .�py, Mig'Eastwood Road. CAY. Sfektip, wilmil!0F011it"20041. C<nmity-. New AMPY(TI 2'. Tb&.qijUihgjJ4;Ot P.O. 136k 1205 t, Wilral4gtoA, -�49rffi Ublihe4465 g Al ll .. gAed., *pk*'P*.hYdK*,-emd tile 15. TlAi.*ImA34 4 -0.. 46XiCl-dr MfCfirsn�'Adfiy. bfil Ojo5f >�6: *4,1vith AE 9ttBXY'Of SUL*,, kOV044 January 704 POMN-'12: C*RPORATWN$ QIVIOON: ULVDXNC274*10Z Lewis,Linda From: Lewis,Linda Sent: Thursday, January 28, 2016 10:05 AM To: 'Kin Liversidge' Cc: committee; Doug Wick; 'Phil Norris' Subject: RE: Storm Water Permit Bella Sera SW8 050308 I think I can clear up some of these concerns right now and the upcoming inspection report to be issued will also contain more information. The design engineer is J. Phil Norris, P.E., Norris & Tunstall, (formerly Norris, Kuske & Tunstall or NKT) (cc above). He may be able to address some of the issues that are outside the purview of the stormwater rules. (For Phil's reference, the NKT project number for Bella Sera is 04204.) 1. Since the detention area simply receives overflow from the infiltration basin under our permit, the installation of a fountain in that pond is not regulated under the stormwater rules. If the pond had been designed as the permitted BM for this site, then we would impose limitations on the size of the pump horsepower, depending on the volume of the pond, to prevent resuspension of sediments. Fountains create a pleasing appearance, and are very good at providing oxygen to the water so it doesn't stagnate and they also reduce the ability of mosquitos to breed due to the constantly moving water. 2. Since the detention area simply receives overflow from the infiltration basin under our permit, the installation of an irrigation line to keep the water level artificially high in the pond is not regulated under the stormwater rules. 3. The only liability that the HOA will assume is to implement the permit requirements from the point forward that the HOA receives the transferred permit. The HOA will not be held responsible for the previous permittee's lack of notification to DEQ. You will only be held responsible for what you do after the HOA becomes the permittee of record. If there are any permit compliance issues, DEQ / DEMLR will work with you to address them as your time and finances allow. 4. If the single family lots were made subject to the recorded restrictions and have the same BUA limits as each duplex, then that should allow the HOA to enforce the permit requirements on those lots if the HOA is the permittee. You will want to consult an attorney to advise you on whether or not the single family lots are covered by the covenants. The only things you may end up being responsible for are: a. To provide a revised site plan which identifies those lots that are now single family lots and assure the Division that the permitted maximum BUA limit has not been exceeded. We may be able to use the plat recorded by the developer with New Hanover County as the approved "plan revision" for this permit. b. If there are more platted single family lots within the same space as there were duplex lots, new Built -upon Area (BUA) calculations will be required to demonstrate that the permitted maximum BUA that the infiltration basin treats has not been exceeded. For example, if 4 of the duplex lots which are assigned a maximum BUA of 4068 sf each, were further subdivided into 5 single family lots, also each with a 4068 sf maximum BUA limit, you can see how 5 x 4068 is greater than 4 x 4068 which means the infiltration basin is taking in more runoff than it was approved to. c. If the BUA limit has been exceeded, new infiltration basin design calculations would be required as well. These calculations would need to show that the existing basin can handle the additional runoff without enlargement, or how much larger the basin would need to be to accommodate the added runoff volume. Revised plans of the enlarged basin would also need to be provided. 5. For an answer to the question of the advantages you may have over Forever Homes, please consult an attorney. The only thing I may be able to do is to require Forever Homes (or their successor) to become the permittee of record first, and then have them transfer the permit to the HOA when they are done and the common areas of the subdivision have been deeded over to the HOA. Essentially, if Forever Homes did not apply for their own permit or if they have not accepted the existing permit from White Partners, LLC, then they are operating without a permit, which is a violation of NCGS 143, Article 21. If Forever Homes has already conveyed the common areas of the subdivision over to the HOA, then it is in your best interest to get the permit transferred to you so that the HOA can enforce the permit requirements on Forever homes. Hope that helps. I'm a bit swamped with review work for the next 2 weeks, so any meetings will have to wait until February. Linda -----Original Message ----- From: Kin Liversidge [mailto:kin.liversidge@gmail.com] Sent: Wednesday, January 27, 2016 5:23 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: committee <davpen62@gmail.com>; Doug Wick <dwick24@gmail.com> Subject: Storm Water Permit Linda, The three member of our HOA met today to review your findings as well as issues noted in the emails sent this week. We concluded the meeting with a number of unanswered question's and our being novices in the full scope of what we are dealing with here at Bela Sara would very much welcome an opportunity to sit down with you. Some of our concerns and question are as follows: If our Detention Pond was designed to have little but overflow water in it why was a fountain installed in it? What was the reasoning for a line from our irrigation well pump to be installed in the pond to fill it? What level of liability may fall on our HOA because Forever Homes did not inform DENR that they were building single family homes? And dose it mean that we could be responsible to some extent if it is determined that the Storm Water Permit must be changed to meet the single home requirement? Our community has always been very supportive of the duplexes and did the upmost to try and convince Forever Homes to not build single family homes here. Dose the fact that the Storm Water Permit was designed for a community with duplexes offer us any advantage when dealing with whom ever (builder) picks up what may be left of Forever Homes here? Thank you for any consideration given our request. Sincerely Kin 'Lewis,Linda From: Chris Manning <chris@premiermanagementnc.com> Sent: Tuesday, January 26, 2016 12:08 PM To: Lewis,Linda Cc: Kin Liversidge; committee; Doug Wick Subject: RE: StWB OS0308 Bella Serra Villas Wilmington, NC Attachments: Bella Sera Declaration w-amend ments.pdf Hi Linda I hope you are well. I can answer some of the questions listed below and have some items that you might possibly be able to assist us with. The original permittee was Todd Saieed with White Partners LLC (I believe that was the LLC be used at the time) and was the developer of Bella Sera Villas. Forever Homes LLC. came into the picture in 2014 when the HOA was still under Declarant control. The Declarant, White Partners, approved the building of the stand-alone units by Forever Homes LLC and it sounds like they should have contacted you to change the permit for that and did not. At some point (I can find the document if needed) White Partners transferred Declarant rights to Forever Homes and I would assume they should have contacted DENR for that change as well. I've attached the covenants for the community (deed restrictions mentioned below) and believe these to be the most up to date set included all amendments. A homeowner board was elected in 2014 and as such I'm assuming that White Partners should have contacted you at that time to transfer the permit over..... While White Partners have reiterated their intention to lay the final coat of asphalt in the community, there is a lingering concern this will not get finished and the possibility of being left with unfinished infrastructure in the community is a large concern to the residents.... does that tie into the transfer of the storm water permit in any way? Please send a copy of the inspection report to the following address: Bella Sera Villas P.O. Box 12051 Wilmington NC 28405 Thank you! Chris Manning On behalf of Bella Sera Villas Chris Manning I Premier Management Company Association Manager CMCAO AWS P.Q. BOX 12051, Wilmington, NC 28405 910-679-3012 x 705 1 Fax 888-799-7626 www.IPremierManggementNC.com Begin forwarded message: From: "Lewis,Linda" <linda.lewis ,ncdenr.gov> Subject: RE: StW8 050308 Bella Serra Villas Wilmington, NC Date: January 26, 2016 at 9:05-03 AM EST To: Kin Liversidge <kin.liversidge@gmail.com> Mr. Liversidge: You are very welcome. The HOA will have to take over this permit, especially if the developer is gone. I drove out there yesterday to walk around the facility to get a feel for the compliance status. It is very well -maintained. The only compliance issues I saw were: 1) that some of the lots appear to now be single family lots instead of duplex lots. The permittee was supposed to notify us of that change and submit a revised plan, but that was apparently not done; and, 2) that there is no copy of the recorded deed restrictions in the file. If you have any information regarding the deed book and page number where I might find the recorded deed restrictions, please let me know. I'll also be doing the research on the current status of the developer and that information will be part of the inspection report. The status of the developer plays a part in determining which process must be followed in order to transfer the permit to the FIOA. If you would like to get a copy of the inspection report, please provide me with your (or the HOA) mailing address and I'll be happy to include the HOA on the cc: list for that report. Linda . -----Original Message----- hrom: Kin Liversidge [maiIto: kin. liversidge @gmail.coma Sent: Tuesday, January 26, 2016 7:02 AM 'I'o: Lewis,Linda <linda.lewisAnederingov> Subject: Re: StW8 050308 Bella Serra Villas Wilmington, NC Linda, Thank you for your quick and in depth analysis of our storm water system. It has certainly opened my eyes to its current design, and opened some thought and discussion for the HOA. During our next meeting we will review your report in depth and decide what action if any we should take next. Very much appreciate your help. Kin On Jan 25, 2016, at 10:03 AM, Lewis,Linda <linda.lewis a,ncdenr.gov> wrote: Mr. Liversidge: This project is permitted to treat runoff via an infiltration basin, not a wet detention pond. All runoff from your development is required to drain into the infiltration system to be treated as required by the stormwater rules. Based on the project narrative from 2005 which was provided by the design consultant, Norris, Kuske & Tunstall (now Norris & Tunstall) the "pond" receives the overflow (i.e., the runoff that is in excess of the l .5" design storm) from the infiltration basin. The overall design is simple: there are 2 inlet points into the infiltration basins where outlet (bypass) structures have been designed to divert the first 1.5" of runoff into the infiltration basin. As the infiltration basin fills up and reaches its design storage elevation, the outlet (bypass) structure is engaged to "divert" the excess runoff into the pond. No part of the runoff from your development is allowed to be "diverted" directly into the pond - it must first be directed into the infiltration basin via the outlet (bypass) structures as designed. If you want to promote standing water in the detention pond, you could consider lining the pond with bentonite clay to keep the water level artificially high, but I must interject here that most of our regulated community are looking for ways to get rid of water, not to promote more standing water. If the pond is dry, then my humble opinion is that given all the rain we've had, the system would appear to be functioning as permitted and it may not be in your neighbors' best interest to change that by retaining water. Please also note the stormwater control measures are treatment facilities, not fishing ponds - you should not consume any fish caught in these measures. Since the I-IOA is not the current permit holder, the FIOA cannot propose any changes to the permitted system. The HOA would be required to take over the permit in order to modify the permitted stormwater treatment system. You should also check with New Hanover County to see if the pond is being used to meet the County's pre/post 25 year design storm requirements. `hhat may also affect what you can propose in the way of changes to the pond. Linda Lewis, E.I. Environmental Engineer [if Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@,nedenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Kin Liversidge[mailto:kin.liversidge@ymail.coml Sent: Saturday, January 23, 2016 8:39 AM To: Lewis,Linda <linda.lewis cr,nedenr.aov> Cc: committee <davpen622gmail.eom>; Doug Wick <dwick24@gmail.com> Subject: Storm Water Permit Bella Sera Villas Wilmington, NC Dear Linda, My name is Kin Liversidge and I am one of three members of the Bella Sera Villas HOA Board. 1 am writing to ask for a meeting with you to discuss the storm water design that Bella Sera operates under. In essence what we are wondering is wether we would be allowed to set up a temporary diversion to allow for more rain runoff to fill our detention pond during dry periods to keep it at a better level for fish. Currently, except for what falls directly from the sky, all run off fills the infiltration area and dose little to enhance the main attraction to our open area the "detention" pond. Would welcome an opportunity to discuss your thoughts on what we could or could not do to address this issue. Sincerely ' Lewis,Linda From: Lewis,Linda Sent: Monday, January 25, 2016 10:03 AM To: 'Kin Liversidge' Cc: Scott, Georgette Subject: RE: StW8 050308 Bella Serra Villas Wilmington, NC Mr. Liversidge: This project is permitted to treat runoff via an infiltration basin, not a wet detention pond. All runoff from your development is required to drain into the infiltration system to be treated as required by the stormwater rules. Based on the project narrative from 2005 which was provided by the design consultant, Norris, Kuske & Tunstall (now Norris & Tunstall) the "pond" receives the overflow (i.e., the runoff that is in excess of the 1.5" design storm) from the infiltration basin. The overall design is simple: there are 2 inlet points into the infiltration basins where outlet (bypass) structures have been designed to divert the first 1.5" of runoff into the infiltration basin. As the infiltration basin fills up and reaches its design storage elevation, the outlet (bypass) structure is engaged to "divert" the excess runoff into the pond. No part of the runoff from your development is allowed to be "diverted" directly into the pond - it must first be directed into the infiltration basin via the outlet (bypass) structures as designed. If you want to promote standing water in the detention pond, you could consider lining the pond with bentonite clay to keep the water level artificially high, but I must interject here that most of our regulated community are looking for ways to get rid of water, not to promote more standing water. If the pond is dry, then my humble opinion is that given all the rain we've had, the system would appear to be functioning as permitted and it may not be in your neighbors' best interest to change that by retaining water. Please also note the stormwater control measures are treatment facilities, not fishing ponds - you should not consume any fish caught in these measures. Since the HOA is not the current permit holder, the HOA cannot propose any changes to the permitted system. The HOA would be required to take over the permit in order to modify the permitted stormwater treatment system. You should also check with New Hanover County to see if the pond is being used to meet the County's pre/post 25 year design storm requirements. That may also affect what you can propose in the way of changes to the pond. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Kin Liversidge[mailto:kin.liversidge@gmail.comj Sent: Saturday, January 23, 2016 8:39 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: committee <davpen62@gmail.com>; Doug Wick <dwick24@gmail.com> Subject: Storm Water Permit Bella Sera Villas Wilmington, NC Dear Linda, My name is Kin Liversidge and I am one of three members of the Bella Sera Villas MOA Board. I am writing to ask for a meeting with you to discuss the storm water design that Bella Sera operates under. In essence what we are wondering is wether we would be allowed to set up a temporary diversion to allow for more rain runoff to fill our detention pond during dry periods to keep it at a better level for fish. Currently, except for what falls directly from the sky, all run off fills the infiltration area and dose little to enhance the main attraction to our open area the "detention" pond. Would welcome an opportunity to discuss your thoughts on what we could or could not do to address this issue. Sincerely Kin Liversidge STATE OF NORTH CARS LIMA Department of Enviromnental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 E ACCESS ]RECORD SECTION TAWATE NAME REPRESENTING `e' � -7 �r- 71 Z Guidelines for Access: The staff of W1nin&n Regieiaa! Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines sigzring the fom., 1. Due to the large public demand for file access, we recluest thatyou call at least a day in advauce to schedule an appoi-jiment to review the files. A " ointments �iTl e scheduled between 9:00a m and 3:OOpm. Viewing tie ends at 4:45pm. Amyone ar€•iyi& witbaout atz appointment M21 view the files to the exterkt that tune and staff supervision is available. 2. You must specify files you want to review by utility naaaae. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if lame permits. Cost per copy is $.05 oeuts. 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Signature and Name of PirmlEusiness Date TiMe In Time Out Please attach a business ccu�d to this form COPIES MADE PAID NVOICE S-Admin.fle access - - - - STATE OF NORTH CAROLEIIA Department of Environmental and Natural Resovrees 127 Cardinal Drive Extension Wilmington, North Caroha 28405 (910) 795-7215 FILE ACCESS RECORD SECTION TM/DATE b NAME- PEPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public fir review and copying. We also have the responsibility to the Public to safeguard these records and to carry out our day -to -clay program obligations. Please read carefully the following guidelines signing the form: 1• Due to the large public demand for file access, the request thatyou calf at least a day in advance to schedule an appointment to review the files. Abnointments will be scheduled between 9:00am and 3:40 m. Viewing time ends at 4:45pm. &ijyone arrMnz without an appointment may view the files to the extent that time and staff sup ervisian is available. 2• You must specify files you want to review by facility .tame. The number of files that you may review at one time will be limited to fivee. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents, Payment may be made by cbeck money order,_ or cash at the rec_ptiop desk. Copies totaling $5.00 or more can be Invoiced for your convenience. 4. Fn& -NWST BE KEPT IN ORDFR YOU FOUND 'DIEM.' Files may not be taken from the office. To remove, alter, deface, mutflate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500- 00. No briefcases, large totes, etc. are .Rm ted in the file review area. 5• in accordance with General Statue 25-3-512, a $25.00-processing fee will be charged and collected. for cheeks on which payment has becn refused FACILITY NAME COUNTY 3. 4. Wad -k-4, l ZG l Signature aad Name ofFi=/Business Date Time. in. Time Out -Please a2aah a business card to this Am COPIES MADE PAID Z : D TVOICE S_Ad nia.ffle access STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION TIME/DATE REPRESENTING 192 22 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Aupointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the flies to the extent that time and staff supervision is available. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FIVES MUST BE KEPT IN ORDER YOU )FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases. large totes. etc. are ermitted in the file review area, 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACCrLLIIT-Y NAME 2. Signature and Name of Firm/Business Date Please attach a business card to is form COPIES MADE PAID S:Admin.file access imein INVOICE - COUNTY Time�� 7 Tammy Theusch Beasley Register of Deeds New Hanover County; NC . Electronically Recorded 2014 Jun 10 02:58 PM RE Excise TaxS949,00 Book: 5819 Page: 517 Fee: $26.00 Instrument Number:2014014493 Non -Standard Fee: $0.00 NORTH CAROL.INA GENERAL WARRANTY DEED i �\ Excise Tax: $ fj b Parcel Identifier No. �S*ck tiJ"LA Property Address: Prepared By: Balser & Colby, PLLC Return to: 1001 Military Cutoff Rd., Suite 204 Wilmington, NC 28405 Brief Description for the Index: 1, 7, 8, 9,10, 42, 43, 44, 45 THIS DEED made this C' day of ��;t^tL. 2014, by and between White Partners LLC NTEE ForeverHome of Wilmington, LLC A North Carolina Limited Liability Company Mailing Address: Lots 44-10,42, 45 Bela Sera The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context -kVI NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is herebv acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, Pr,nder County, North Carolina and more particularly described as follows: See Exhibit "A." The property hereinabove described was acquired by Grantor by instrument recorded in Book page. A map showing the above described property is recorded in Plat Book 50 page 169. Submitted electronically by "Baker & Colby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will wazrant and defend the tide against the lau-ful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and to the provisions of all applicable restrictive covenants and utilitr easements of record. 1N WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. White PartnersLLC Y — (Enary a Z (SEAT.) This property is is not_ my primary residence By. Title: &Xjnglc {SEAL} By. This property is ^ is not_ my primary residence Title: V (SEAL) By w Title v' (SEAL) SEALrSTAMP � � -, County State of iJC_ I certify that the following person(s) personally appeared before me this day, each cinowledging to me that he or she voluntarily signed the foregoing document for the MELISSA P WEBB Notary Public, North Carolina urpose stated therein and in the capacity indicated: Wake County MYCorn m. i Exoires M0.S A SCE;�Y. Dated: 0 IS 1 _ t.�.t/3�L l�•�� l,� My commission expires: -T M% $Printed Name: 1` WL>5C+- �1-�.°�3VJ Notary Public STiAGSTjII' County State of I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated thereon and in the capacity indicated: Dated: My commission ea ires: Printed Name: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant — Register of Deeds Exhibit "A" BEING ALL OF Lots 1, 7,8,9,10,42,43,44,45 Bella Sera, PHASE TWO AS SHOWN ON PLAT RECORDED IN MAP BOOK 50, PAGE 169 OF THE NEW HANOVER COUNTY REGISTRY. [PARCEL ID: R02900-004-196-000 - LOT 1- 764 TUSCAN WAY; R02900-004-202-000 - LOT 7 - 746 TUSCAN WAY; R02900-004-200-000 - LOT 5 - 752 TUSCAN WAY; R02900-004-203-000 - LOT 8 - 744 TUSCAN WAY; R02900-004-204-000 - LOT 9 - 740 TUSCAN WAY; R02900-004-205-000 - LOT 10 - 738 TUSCAN WAY; R02900-004-222-000 - LOT 42 - 745 TUSCAN WAY; R02900-004-223-000 - LOT 43 - 747 TUSCAN WAY; R02900-004-224-000 - LOT 44 - 751 TUSCAN WAY; R02900-004-225-000 - LOT 45 - 753 TUSCAN WAY] L01 32 LOT 25 LOT 33 LOT 34 4 LOT 23 Lc T35 AT VICINITY MAP NO 5CALE OT 34; " LOT 22 OT 37 LO; 3Ll A 'La. 47 t4 LCT 20 elStiP - 4 'LO1 3a IN & .LOT 19 Lol LOT 40 z. Lol 45 ... Lol W, 4- 1.e' ..0 W LIU -I I I L07 43. LM �G Lar'.4 �LOT 15 't.OT 4P \LOT 5 LOT x / I" off., 11 , I- \ A LOT LOT b .r r,rnyrM1r.�r{-,•t \ •l �,,�. 101 11 `I,.xa.l4�, . �'�r�;�a; 1 :.�.,: % � �. \ /'� :" f j LM iO LOT f. WOTL7 THIS MAP SUMPUDE5 THAT MAVJ;ZTCOPDFD AT MAP 1300K 50 PAGE 95. TH15 MAP IS UCOrDED TO �• r ^dx 'x7 5 r °� \\ /' \ d \ CORUCT A LOT NUMBER ERROR. V.-_RE TO TH15 MAP NO 01 HtK ChANGE5 MADE -4711 < NOTE: TH.5 MAP 5UPERGED15 I tlA7 MAP Kr 0 DfD AT MAP BOOK 50 PAGL 95. THI5 MAP 15 RECOFI)ED TO COPWECT A LOT NUMBER ERROR, NO DT;IFF 0'A&GfS WERE MADE TO RiO MAP BCLIA HPA Two I' .—v-5, REW50N) C, nv,o Kmiem ro mjw Kw " 00an p�nN Lv`5 ma* YLU, k Prepared by and rehme-efter recording to: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER iltiitlllilllllli FOR OEGISTRRTlON REGISTER OF DEEDS NEl1R1{�AENOVERP000NTYH NC 2006 APR 04 02; 34;U PM B0002 K-1113-056 FEE3122.00 MINI 12191970 Weatherspoon & Voltz LLP P.O. Box 10324 Raleigh, NC 27605 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR BELLA SERA VILLAS AT VINEYARD PLANTATION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made as of the 4'h day of April, 2006, by WHITE PARTNERS, LLC l•. ("Declarant"), a North Carolina limited liability company with offices in Raleigh, North Carolina. BACKGROUND STATEMENT Declarant is the owner of a parcel of real property containing approximately 21.47 acres of land, located in the Town of Wilmington, New Hanover County, North Carolina, such parcel bordering on Futch Creek Road with access to Highway 17. (the "Entire Parcel"). The Entire Parcel is more particularly described on E ibit A attached hereto. Declarant has constructed or plans to construct on the Phase I Parcel (as defined below) the first phase of a residential Villa development consisting of Building Numbers 21 through 35 inclusive, with a total of 15 townhouse units (the "Villa(s)"), together with certain common areas and facilities. This development (the "Project"), with an anticipated total of 47 residential Villas, shall be known as Bella Sera Villas at Vineyard Plantation. The initial phase of the Project is being constructed on a portion of the Entire Parcel containing approximately 10.42 acres of land (the "Phase I Parcel"). The Phase I Parcel is more particularly described on Exhibit B attached hereto. An initial subdivision plat of the Phase I Parcel (the "Phase I Plat") is recorded in Map Book 49 at Page 228 in the New Hanover County Public Registry. In creating the Project, Declarant desires to develop a residential villa community, with certain common areas and facilities, including but not limited to private roads for access to Sk.c.�c.. �d 50q •f6RG public highway, walkways, parking lots, driveways, a lake, a swimming pool, a clubhouse, a putting green, walking trails, and various landscaped areas to be used for the benefit of the owners of Villas within the Project. Declarant desires to provide for the preservation of the values and amenities within the Project and for the maintenance of the common areas and facilities in the Project, and therefore desires to subject the Phase I Parcel to the covenants, restrictions, easements, charges and liens described in this Declaration, all for the benefit of the Phase I Parcel and each owner of any part of the Phase I Parcel. As subsequent phases of the Project are constructed on other portions of the Entire Parcel, Declarant shall have the right to subject such phases to the covenants, restrictions, easements, charges and liens described in this Declaration in accordance with ARTICLE II. Declarant has deemed it herein desirable to create a nonprofit, incorporated association which will be delegated and assigned powers of maintaining and administering the common areas and facilities of the Project, of performing exterior and structural maintenance of the Villas, of administering and enforcing the covenants and restrictions created in this Declaration, of levying, collecting and disbursing the assessments and charges created in this Declaration, and of taking any steps or performing any acts deemed necessary or appropriate to preserve the values of the Villas and to promote the recreation, health, safety and welfare of the owners of the Villas within the Project. In order to accomplish the foregoing, Declarant is entering into this Declaration. STATEMENT OF DECLARATION NOW, THEREFORE, in consideration of the premises and for the purposes stated, Declarant hereby declares that all of the Phase I Parcel and all property subsequently added from the Entire Parcel to combine with the Phase I Parcel to form Bella Sera Villas are hereby submitted to the provisions of Chapter 47F of the General Statutes of North Carolina, known as the North Carolina Planned Community Act, and as it may be amended or supplemented from time to time (herein "Planned Community Act" or "Act'), except as permitted within the Act to be controlled by provisions of this Declaration, and shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions (all of which are collectively referred to in this instrument as "restrictions"), which restrictions shall be construed as covenants running with the land and shall be binding on all parties having any covenants running with the land and shall be binding on all parties having any right, title or interest in the described real property or any part thereof, and their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS The following words, when used in this Declaration or any supplement or amendment hereto, shall have the following meanings (unless the context shall prohibit). Section 1.1. "Agency" shall mean and refer to any one of the following entities (or their successors) that holds or insures a Mortgage: the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration, the Government National Mortgage Association, and the United States Department of Housing and Urban Development. m:luserslbcthlclientslrcnaissancelwhite property - wilmington, n6bella sera villas at vineyard plantation declaration (v4).doc 2 Section 1.2. "Association" shall mean and refer to Bella Sera Villas at Vineyard Plantation Association, Inc., a North Carolina non-profit corporation, and its successors and assigns. Section 1.3. "Board" shall mean and refer to the Executive Board of the Association. Section 1.4. "Bylaws" shall mean the bylaws of the Association. Section 1.5. "Committee" shall mean and refer to the architectural control committee established pursuant to Article VIII hereof. Section 1.6. "Common Area" shall mean and refer to all real property, real property interests and personal property owned by the Association, and the easements granted to the Association for the common use and enjoyment of the Owners. The Common Area to be owned in fee simple by the Association at the time of the conveyance of the first Lot by Declarant to an Owner is all of the Phase I Parcel outside of the boundaries of individually platted Lots, as designated on the Phase I Plan, including specifically the Clubhouse as reflected thereon. The Common Area may expand in accordance with Article II herein. Section 1.7. "Declarant" shall mean and refer to White Partners, LLC, a North Carolina limited liability company, and its successors or assigns m ownership of all of the Entire Parcel which at the time of the conveyance is not part of the Property. Section 1.8. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions, as it may be amended from time to time. Section 1.9. "Entire Parcel" shall mean and refer to the real property described on Exhibit A attached hereto. Section 1.10. "Lot" shall mean and refer to any numbered plot of land, with the exception of the Common Area, appearing on any recorded subdivision map of the Property. Section 1.11. "Member" shall mean and refer to every individual, corporation, partnership, limited liability company, association, trustee or other legal entity that is a member of the Association. Section 1.12. "Mortgage" shall mean and refer to a mortgage or deed of trust constituting a first lien on a Villa. Section 1.13. "Mortgagee" shall mean and refer to an Institutional Lender holding a Mortgage that has notified the Association in writing of its name and address, and that it holds a Mortgage on a Villa. Such notice shall be deemed to include a request that the Mortgage be given the notice and other rights described in Article XIII. Section 1.14. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot (as defined herein) which is a part of the Property, but excluding those parties who have such interest merely as a security for the performance of any obligation. m:luserslbethlclicntslrenaissancxlwhite property - wilmington, n6bella sera villas at vineyard plantation declaration (v4).doc 3 Section 2.3. Supplementary Declaration. In order to exercise any right to subject other portions of the Entire Parcel to this Declaration, Declarant shall execute and record an amendment to this Declaration (a "Supplementary Declaration'). Any Supplementary Declaration executed and recorded by Declarant shall automatically amend Exhibit B attached to this Declaration, legally expanding the Property that is then subjected to the operations of the Declaration. Any such Supplementary Declaration also may contain such additions to the provisions of this Declaration, and may contain such complimentary additions and modifications of this Declaration as may be necessary or convenient, in the sole judgment of Declarant, all such additions and modifications as may be necessary to reflect the different character of the new Villas created by Declarant, so long as such additions are not inconsistent with the overall scheme of the Declaration, and provided that such additions shall not alter the Lot size or Villa construction as conveyed by Declarant prior to recordation of such Supplementary Declaration. Section 2.4. Conveyance of Common Area. Following the recording of each Supplementary Declaration, Declarant shall convey to the Association the Common Area located within the additional property being subjected to this Declaration, as provided in Section 3.2. Section 2.5. Amendments and Revisions to Existing Record Plats. Declarant reserves the right to amend and revise existing Recorded Plats at any time without joinder of Lot Owners or the Association so long as any such amendment or revisions does not affect Lots previously conveyed by Declarant. Section 2.6. Access Easement Reserved. The Declarant reserves unto itself for the benefit of Declarant, its successor and/or assigns, a perpetual, non-exclusive and alienable easement and right of ingress, egress and regress over and across all private streets and roads within the Bella Sera Villas at Vineyard Plantation for access to and from other real property of Declarant or its successors and/or assigns. Any damage caused by Declarant, its agents, successors and/or assigns to the private streets and roads within the Bella Sera Villas at Vineyard Plantation when exercising its rights created by this Section 2.6 shall be repaired at the expense of Declarant, its successors and/or assigns. In addition, an easement and right of ingress, egress and regress over and across all private streets and roads and Common Areas within the Bella Sera Villas at Vineyard Plantation, if any, is hereby granted to any applicable government agency, for the purpose of fulfilling their duties, including, without limitation, law enforcement; fire protection; emergency service; garbage collection; delivery of the mail; installing, removing and reading water meters; maintaining and replacing water and sewer facilities and fire lines; and any other service related to public safety and preserving the general welfare. ARTICLE III COMMON AREA Section 3.1. Owners' Easement of En'o ment. . Every Owner shall have a non- exclusive perpetual right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the terms of this Declaration and the powers of the Association, including but not limited to all provisions enumerated under §47F-3-142 of the Act. The foregoing easement rights include, without limitation, a non- exclusive easement over that portion of the Property shown as "Private Street" on the Plat, and a non-exclusive easement over all other streets, driveways, walkways and parking areas within the Common Area, for the purpose of vehicular and pedestrian access, ingress and egress to each Lot over the Common Area. The access easements described in the preceding sentence shall survive m:luserslbcthlclients\mnaissancelwhite property - wilmington, riclbeila sera villas at vineyard plantation declaration (v4).doc 5 Section 10.16. Shutters. Storm Doors, Screens, Awnings and Window Treatments. No shutters, screens or awnings will be permitted on any villa at any time. Storm doors are prohibited except for the one specific storm door (color, model and make supplied by the Declarant) chosen by the Association, which must be installed professionally. Any window covering or treatment visible from the exterior of the villa must be of solid color that blends with the exterior trim. Section Os17. Flags, Statuarie_s, Decorations and Ornaments. No flags, statuaries decorations and ornaments shall be placed on any property in the Project except on national holidays. Any of these items must be approved by the Association, displayed for no more than seven (7) days, and located only on the displayer's individual property. Section 10.18. Use of C mmon Area in enera1. No Owner shall obstruct the entrances, streets, sidewalks, driveways, parking areas and other facilities in the Common Area in any way, or use them for other than their intended purposes. The Common Area shall not be ,used for the storage of supplies, personal property or trash or refuse of any kind except in Common Area trash receptacles placed at the discretion of the Board. There shall be no bicycles, tricycles, wagons, toys or other miscellaneous personal property parked or left in the Common Area at any time. All bicycles shall be parked in the area designated for bicycles. In general, no activity shall be carried on nor conditions maintained by any Owner either in his Villa or upon the Common Areas that despoils the appearance of the Property. Section L0.19, Fishlne,_ Swimming and Boating. Swimming and boating in the Common Area ponds located within the Project is expressly prohibited. Fishing in the Common Area ponds is only permitted in designated areas as approved by the Association or as provided in the Rules and Regulations. Section 10.20. Stom-Wateir Regulation. The following covenants are intended to ensure ongoing compliance with State Storm Water Management Permit Number SW8 050308, as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storm water management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to storm water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. The maximum allowable built -upon area per lot is 4,068 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Any runoff from the built -upon areas on the lots must drain into the permitted system for the development. This may be accomplished through a variety of means, including roof drain gutters which drain to the street, grading the lot to drain towards the street, or grading perimeter swales to collect the lot runoff and directing the runoff into a component of the storm water m:lusers\bethlclientslrenaissancelwhite property - wilmington, nc\belIa sera villas at vineyard plantation declaration (0).doc 27 system. Lots that will naturally drain into the storm water system are not required to provide these additional measures. Section 10.21. Vehicles. No boats, mobile homes, trucks (except pickup trucks used for personal transportation), commercial trucks of any size, or motorized vans used for commercial purposes (as distinguished from vans used solely as passenger vehicles), wrecked vehicles, inoperable vehicles or any vehicle not regularly operated in day to day use shall be parked outside of the garage on the Property at any time. Recreational vehicles in excess of twelve (12) feet in length, motor homes, trailers, and campers may be parked outside of a garage while being packed by the Owner, but in no event shall such recreational vehicle, motor home, trailer or camper remain parked outside of a garage for more than a twenty-four (24) hour period. No significant automobile repair shall be allowed on the Property. The Association shall have the right to tow any vehicle in violation of this paragraph at its owner's expense. Section 10.22. Parking and. Garages. All vehicles must be parked only in the driveways or garages on each Lot, or in other parking spaces designated by the Association, and must not obstruct or interfere with the ingress or egress of others. In particular, no vehicle shall block the private access drive or the driveway of any other owner. All parking in the Common Areas shall be on a first -come, first served basis, and subject to any Rules or Regulations that may be promulgated by the Association. Temporary parking on the side of a street will be allowed on a temporary basis for no more than a few hours. The paved driveway on each Lot may be used only by the owner of that Lot, and his agents and invitees. The Association shall have the right to tow any vehicle in violation of this paragraph at its owner's expense. Garage doors must be closed at all times that automobiles are not entering or exiting. { Section 10.23. Loitering. There shall be no loitering or parties in the Common Area except in the places designated for such activity. There shall be no foul or abusive language, or alcohol or drug consumption, in the Common Area. Section 10.24. Supervision of Children. Each Owner will provide supervision, by an adult or competent person over 16 years of age, or any child under 6 years of age at all times when they are in the Common Area. Children and persons of any age shall not appropriate any part of the Common Area for their personal use of play area. Section_10.25. Ruleand Re lations. In addition to the restrictions set forth in this Article X, reasonable Rules and Regulations governing the use of the Property may be made and amended from time to time by the Board. Copies of all such regulations and amendments thereto shall be posted prominently prior to their effective date, and shall be furnished by the Association to all Members upon iequest. Section 10.26. Enforcement. The Association or its agent shall have the right to enforce the provisions of this Article X by assessing fines against any defaulting Owner in accordance with the procedures set forth in the Bylaws, and any such fine shall deemed a special assessment levied by the Association against such Owner and such Owner's Lot, shall become the personal obligation of such Owner and shall become a lien against such Lot enforceable in accordance with Section 4.10. m:luserslbethlclicntslrenaissancelwhite property - wilmington, nclbella sera villas at vineyard plantation declaration (A).doc 28 ! LOT 25NOW op fcwuApLy `�\ /!, AFHAa DINE ' BOOK 1676 PAGE 0026 / yAP B� 49 RAG{ PPD ,♦ Qy� \ ` \ LOT 33`�\ \\\ / , ♦�a ! ��� ��/� LOT 34 \\\\\ \ , , \, •F \ / �' �i FKA5E ONE \; \ v\ �,QT / ♦\ ♦` \ MM BOO! 49 /�//J/ \\ ♦`��\\/ LOT23 .` �\ .�\\ 10T35 , ��Vo•S�F \ !S, \ ``\ \ � \\\ /�� ' ` \\�3 ♦ \\ � � � PASSIVE RfCFLAT1pJ \ \ / \ COMNIOFE AltrAfpETEXNGN P �LOT36 �Oo,� sEeMnrBooKEa~sMIS /, � � ' �� // \ ♦ ` \ ` \ of dvB. s VINLY� PLANTATION ATION \ \ \ \ ) /i LOT 22 ' \ \ \ \ v9gLOT 37 MAP BOOT- PAGE \ R 11A \ N I I .9i00 a9. h. rHA5E ONE 19G , ♦ �\ \ . LOT 2) LOT 20 �� ♦� R4 /�3 \ Lq \ 9L» q. R.LOT 39 I I. ♦ \ \ �'p-�� ti V \ \ � _'1T \ \ si4 \ ,t.� \ \ ,4\ A.. I I .900 04. R. ``\\�\♦`\ ,'' vdeJ�`\ ?'^O LOT 19 \ 11.9,w ft.p�0.skTG,4�o\ �I"M1 I Nv "O `��dr LOT 16 `♦\ `\ MAY BOOK PAGE % ,' ,� \\ 1 l,900 sq ft, \ °f \6N LOT 4 1 900 It. 134 \ \ ' 'A LOT 17 o LOT I G �b ♦`\ ,/ ' / Y4JEYARD PINTTATgN \, >O � \ 9 � \ �• \ `�Q4P \ \ / MAP BOOT. 40 PAGE 97 \4• \ ,?k O' p_ LOT } 5 11.900 vt-X� \ \ \ I `♦� ' / \\ \\\ �K LOT 14 131^°LOT 13 tt , / \\ \\ LOT ! I IRON BFTS 50 AT ALL CGPl1LR5 \ \ \,� �•� \ \ 1 1,900 •S'. f[. C.I.P. 5(15TIHG IRON PTFL � ® P.K_ NAKIPOBT ROAD MN,37PLCI ION 129 \\ 4\ NorLS: ` I. TWS PROPERTY 5 NOT LOCATED RJ AN AREA OR ♦`\ \ \ `' \ \ �\ rO E ♦ STORMWATER FONG z. ro T11me eA1PVLroRS rJlOMSIGE mtARL No Pr \ 40R YILTUN4V5 ON 00ft rr. \v`, \ 3. T145 Pfl PEff IS NOT LOCAIE KTTH!N 2000 ONE TABLE `♦\ ` \ / \ �i OF U.9.G.5. MA,TMAtNT. -LINE UIRLCTION D67 MILL \ \ 4, f Z I l ROAD9,PIAY,.IC ACC€99 L I 56i°29'49'E 3 i D3' `\ ♦♦ \ �'' \ 5. ALL OEEN SPAC.YJCUMVIOtI AREA 5 UNOER ORAINAGO L2 564.29'49S UTNITY EA3EM WT, l3 N4a 16'26g 25.85' �\ ♦` i \ CURVE TABLE SURVN RErEPLWCE Rad` NIAP BDOY 50 P MAP ACE 83 Curvet +r� Udla CA d 128 Chord Uvect�an ♦ \ .' VOX PAGE eO4 C71 48.Ob 91 41 76B n.27 .50 4t w Nb•1.4749-[ `\ / BUF U1556 PAGE DWI `,\ \ �♦ , V1N PA u�PLANTATION 900K 4228 PALE 803 �' MAP F1C%JF. 4B PAGE 9 ROOK 1476 PAGE IDz2 MAP MOM, 411 PALE I \ MAP BOOK 49 PAGE NOTE: TI115 MAP 5UPERCEDE5 THAT MAP RECORDED AT ` \ MAP BOOK 50 PAGE 53. TH15 MAP 15 RECORDED TO � `\ GF,-FMG 5C.4L: I-=60 COKRf CT THE NAME OF THE OWNER ENTITY, NO OTHER 6G r2o IDo zoo CHANGE5 WERE MADE TO Tf I5 MAP TOOFD BELLA SERA PHA5E TWO ,A PLRFORNNICE RESIUENTIAL 5UBoivt51GN) (REV1510N) 1NRNETT TOM15E11P F.'EYl 1tANOV[F,COlwIY reQRm eaRnl-wA TNIT PAQYNERS, LLG 1301 BEN5Ce1 DWVL I MH. NC 27609 9XRW 70D uad A55GCrATT5, PA A DKPA. 5uITE c /Cry$ SIIRVEttD: NYL gPPAJVCO: MNu N^NC zu c 1 Y✓n ro.uu nv. ,w, n.rs..i it orrc 5EE t 110UF. 49 PAGE 226 1GTA1 LO15 MP05M 48 1015 IN 51JBDII4LSIOt} TOTAL LOTS PA Ph-X VG LOTS TCITf PA55NE ARIA REf]INRPD RLOYKFD FOR 4B TOTS 31 ,363 SE 54.875'Al ft. TOTAL ACTIVE AMA KFQUIRED FOI; 46 LOTS 31,X3 5P 154,778 eA R. NOTE: ACTIVE.PASSIVK RELRE l" AAYA PROVIDED IN THIS SECTION TO Ue APPUPOTOWARU PuI URY SECTIONS OF BELIA SERA, .' CrKflr<IIC Of NLG15TRATmjWLisuowRC MAP vEm Ew OPrpuF m,, HoN4UC* 1EP5 AS5WATON COVELIANT5. l' M+01{ AND R TKICT1UIt" SY 3eLGKTiK OF OEEGS I. sAn QMA�kSS�iSVI[y/pFF'�RCIF NEW HANOVER COUNTY, Crk.irY THAT THE MAP WORTH CAROLINk+ m t1ANOvm OOUNiY�^ OR PLAT TO WH(CH 11-115 CERDrtCATtON (5 HGWCU NCK5 A5500ATION COVLNANT5. APflA[D MCLL5 AIL 5TATUTOKY P.LOLNP.LNALNT5 CONE)MONS ANO RC9IBCTIOAlS Km FOR FOR RECORDING. KEGISTR T*N OT 1riE `DAY Or AT yWfPM) AND WLY REY,ORDED 1N MAF BOOK _ AT PAGE MAP REVIEW K kG15TCR OP DCC.DS fig. 9. p UAiE MAP N axweCT m FEW HANOVER COURrY WISI M OON OftDWANC6 Ioy 13ATt7 PUu+m- . DdtECEOR \ \ \\ •� \\°' e�T�\'�,�0\ p� AREA ]AID AREA�41 fA r5i T, lam% Sao LOT 47 CLKTim ATf OF OLSClf TR! POR MVATL DCVCLOPMENT5 CwUrF Ite Aidaim" Ymter/54Xer SWtappHy Certificate of OWnfxship. Dedscotiarl and d Wolx/S— Av.1dl*ty .IUrISdktior I (WE) ACFMAWLPOf--E THAT Nf!gMK THE 5T4Tr NOR THE COUN7Y.SIt4L BE RE'.aPON- 5181E FOR THE NAAfNTFNANOE OF ANY 5TP.RT5 hseby c« Illy thy to tliy ot 1 am {re are) Vre FARK5. D".4AGE OPEN 5rACE OR OTHER owner{s} at the eNp.a and descffied ARE.5 WhICH ARE PMGNAl E FOK PRIVATE USE_ I WE) ACMIDWILLUGE THAT MOM TO NotriMstardpp Ne. Harwv Gaurlty appraud hd that I {.a} tNreby gdapl fhb plon caneenl ofereon ane,dl*o. IK my (ar) own_ COWRPCTING WBH A PROSPECTIVE 50Y'ER ei thi, pat. testa IiN an said plat may mt and dadk l..5 etreats, oxeye, edlki pd#t, 15HA1 GW THE BLNIER A WR3TIEN 51ATE- rFaA 11e0th Department al'NN`w. A for en eIt. conaermtion saaca and other m to ilk NIf_M WHICn CY5.Nll tYt5TENCC AND •e•a9e dhp—a epfema nest tar irdvidW 'rat°, aapply 'Y t_, nor dace a h aW.4 w prhate um ae noted. Ap rcade arld bai-" eoeanenta — ded;rated for pudic LOCAT�tf pF SUC71 PRIVATE AREAS AND 5PECIFIE5 THL MAINTENANCE Rf_`iPGW51- gAr<ontee the avalo0 ty 61 rater w eerar gp,riGla (ram N.. Hanover County. utEltY Puryosw. Further, I (ae} aertily IM1e nUT>M FOR SAME, YMEN AMWAbffE THE l-d ae ehp.n hereon goofed eiNin tM irfe n - Han o r Harrow Cwnty 5TAtt=MENT SHALL OI5CLC6E THAT THE MlNIMU)5TANDARD 5UMICIE OT BE DTALLOW 9noture o O.n THEIR INCLU51ON ON TTtE 5TATL HIG7 WAY Doh Siynat— al O.n R 515iEM FOR M&UTENANCE. Data SuHord:Ialbn Omsent of Yortpagee U 1Wth thb recwdotbn Xew NenOMK County - ,•1 Art/ Qaaept- the d"IXI Ian fAr P-b* raft and/p tNBYTnT10N CCRRRCATC: TH15 5URVEYCREATLS A5LA3DIVCION OF LARD *ITTNN AN AREA OF A COUNTY THAT nA5 AN ORDINANCE THAT REGULATES PA LS OF LAND. NAICMW UNO �GZ CERTIMATF OF wrG TRAT" BY p rGBl LR Or D"w NORTH C,AROLINA, Ic. HANOVLR COUNTY MID f OR KEG51FAT)ON ON RK _At9 DAYOr Au4.7,dpYA1 3�lm rw AND DIAY Ny Xwm iN MM BOOK 50 AT PAGE 015. tr laocrv149tgs CEPTYICATL OT 5uKVEY AND NCCURkG l 1. WHAFL N- UNOERWOOD. Ct KVrY THAT TH15 FLAT WA5 DRAWN UNDER MY SUPERVISION rROM AN ACTM 5u RVEY MADE UNDER My 5LKTKM51ON NEED Off aFt) TON RECORDED IN BOOK q5 PAGE BHOWN-, THAT TM BOUNDAM5 NOT 5URVCYCD ARE CLEARLY w01CATED 05 DRAWN fRDM INFORMATION POUND IN DOOR 1L5FAGE tiIKJfdd; THAT TM PATtO Or PP.EC151ON A5 CALCULATED 5 1:10 D00+; TNAT THLS PLAT WA5 PREPARED IN ACCORDNJOE Wt1H C. 5. 47-30 A5 AMENDED- WIINM. MY OREGINAl 9EGNAI URE, UC-EN5E NUN4BER AND _-ICAL THt529Tn DAY OF A�D[y;Lt3 AD. 2006 . MILMLL NOlRNt'JZ'S-� P5' 10NAL LAND 911R'/P1T7R L-296-29G2 • G.N. r 4dA. Od:N WRVS TAME -M.ah".jE,odCIS / Id.m ICPD021'1357a I' 519.4 rscwCIL 7.29' 1M9'19'DI'EC17 45CO 91UZ41'-ae' Na5.4749•E7a.W IL�e2I'.CG• S4Y419L1VCONOAON IaCO M.00 IN�azI • IL'S3'32 5 0T}S' 12.9T Se• 74T413EY/ INYI901t AMU 2454'C15 a[NAt.w4wt..w-rC20 \ � \♦ OR fOR.[RY \ \ / �O `\\\ \ /NOW •\, BNTc5T QIURInH Or X7LA.KTON �f1y 3Ift. \". .WQIOR BOCK 275E PALL 0174 Y1L01 \ /'' J VICINi7Y MAP NO 5CALE }�2 / LOT 30 LOT 29 Jr / / ♦` r P \ \ \\ /'' � / �,r �"^o/ / �\ Sir\♦ `\ � x '• 28 ^,p s'• / q�8r c'' f \ wv Pool�4e rccl CERTLFGATE OF DISC1DsJK@ o / d /yt Fort FIKWA a DuvatOPriax+r5 / L.9070 R. // GLUBI10iJ5E TRACT I (we) A6440kke " Tt•w f RITOSK lun STATL' HIM *8 / � � 1ti z4,r4s.R.n. �,, ♦♦ \\ J.y� `�\ \V �. f�kLYY SHALL e4 N%ft"Sts5L6 FemTW&MAWTW4ANCFOF , ,a' LT1 \\ �q `\ ♦\ AM STrAmrS, FrAgXS, DRAINAGE oPtat SMCtl CR 6U4cm / � Jt � � � . /Li%Tv&5 WHIC• 4 AK0 OF-SV-HATep FOR F•RJWTW US*. ``\ '��� / LOT 26 C,k � .� $\\ \ a 1(We) AC 00VA AVIGme THAT P� W l�Hr9ACTUJG NOW W> OR RY •�\ '1ff'1 r,spD�y. R / •t°� yt�� `\ WTTW I• pRdSOGG71`/E Wnept 15WALL GIVE T1,19 PA hM LOT 32 A WRITTE31 ST4T6ifEHT W;11L11 D)SCLOSES E><IST6N4e At@?11,900.q.R. L0C.XTto14 OCT StICW PKNATC AR046 AKV 5f IUVIMS TILE / LOT ,25 l AJAT64ANCG gfteON51 FUL1Ti 64 Mpt TOn SAME, WsAmH ,1. „0 / /�`' _p,/4 3 ♦ D s \ \ a `� \ ` / ac,. AMtCAP,AL9,TI•IE SSaTYI°5�1+'T SFNL4 pLScI.OSE 144, THG / a, \ n 1 \ �' of ♦ \ ` \2'�,f STsLE6Tfs) wll.L 40-t rat~ C t4cTRUCnop'M 111WIMU / �� ; / ti �// \ � \roLOT 3 J3 ti� �' `♦ \ \ `•\ /�\ AN C\y� 51fM11yYCGS SLIFGIGI�lT[)/° T Lid4+TFt6tK 1NGWS �"o. ♦ .�_, 1.5oo a1-fr. �s �`� R / 6x4 TH11 S [AIM N VjAf SVSWN FM L (g1P{1GL�Nce� LOT \ PR/1/ C�r'47si 6jfsr-I406TI,IRE d• OwNEpIFa) \ " ",{� �/ !Oi34 \ \ n \ \ \\ `'f•�- 'Ziy"R}�7 ' 11,9005q.It. `\ `\ T ` t} `\ `♦ \ / � \ ,`\ �8. / '? zi � /�' k' \ \�ti° m,tAAON AaroLTCNnoN FOND AA•LA / DR MK•EEASEY.FNT LOT 23 LOT 35� rA55N[ RIXwZA110N M1A 4 G� \— � N \ �22t a• `� `,` / n/2 �y' • ViON PiPFS 9Lf AT AIE CORIKF=� \ \ °'�� 9� / /\'O� ` � \ \ I S�Ty�` \ � `• l I 1 P.1 r. Ex1snND 1ROIN nPE \ r' R. ,may / LOT 22 \ �- 3yy`r $•y° \ _ \ W I2.214 � r. K. 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LLC ``\ `\ ' rvrcn crsrEKo sNT uc "C- CREEK vrwuKm. 11C ♦> A� \ \\\\ '7f \ HURL DLKLOMENT ' \ ` ///'\ \ \ , • \ ♦ /UTCH CREM VCNTURLs, ILC �• -IUPVFY PLRPrNtt \ \ , / \ \ ` \ \` B15 OOK 4 2 2%e PAfl a03 HLOr. 1476FA 1022 MN BOOS 4a FACE 133 `\ `��/ ' / VMIEYAFD I•SANTATION \ FAR '\ lam/ NN BOO[ r \ 4RNJ•F1C eUNLe I'_GO 'r11ASE �, `\ W 120 100 240 ' r \ . \ \ E \ RrmRu BEL�LcA SERA ARMEPA59KRLC CAI ONUAIA � `'\ `\ /' MAP REVIEW[Y T14 R aKrq i i'cot RMASI wION915CLD3lIw rORHOMEOWNERS A55MATIONCOVENANI5. Cxtlft t. P�Ywhtq Wbe4r/s. « $W[.b.Hy PI ONE TOTAL 1f7r5 rRolh5m 4e IDT9 `� 131 '`\ LONOITION5—Tm ,TWCjKM m' rSlt,(k & Watv/Sa AyJoWy IfV� •A rfucvjA XMIDENIn 5UDDW5I0N) 1N Sll[t[M/154ON TOTAL LOT51N M-v V 16 LOTS ^ \ . /�' i S AN B N l G GIs . RE1/IL'W OFFN R OF ONE PErydam a`��� ` fFLNyw / \ / `\ _N11. 1d•__-.__ COUNTY, CCRTIrY THAT THE ryMP NCRrrt C+ NA WEW M4C)VM QMWTY N 'N°Irithstar1Ss 7OTAL FA551YE ARrA 31,SG3 SF 54.C75,, ft. /l5 `✓ urt PUT TO wH lilts ccFTincA TION Is NOMEDWMEAS Rm NPr A-- C-11y HARNETT TC..51 F W -W KPNOfER MINTY F1pP,P1 CITtdINA REWIRTSI rOR 4e LOT3 T01At AG1n/[ REOIIIRrD FOR 48 LD,S 31 ,SG3 5e \/. 154.770 s4. ft. '\C [i ��. \ •1('T, `•\ AfFI%ED I4CEr5 A11 STATUTORY RfO1ARIMFNTS roe TtLcaRDtND. oDmDT DNS I Ricno 0 mm Eck oE� STRATgN aF ll* PAY Or AT OW%o A 0 UtIIY fO0[TAO IN .Pp.d .i ttY. PN.l b1i Mown m AAId V.t m.r rwt raO.i+C K-M Doport—t �paW It, PI .tt. ^V fK Mp1 L.SEI,V0r1U1m, LLL '�.r\ l NL4� RFyTLW TJff1Cf NMP @OOK AT FAQ_ ..+^WP k pvW ryNwTF hd'odNel aw�.aRpY P7 w.tv a I I35 MLTAAY=DFr ROAD. 5UITE 201 NOTE: K:YNt'FASSNC RLLREATION AREA rrnvlDm TO REG5TE4 Or a..a .eriios. from N.w Howr.r Cwntr. YALLENCTPi, W- 2a4O3 IN THIS 5CGT10N TIE NT LMnOWARD 9ECr10NS Or tlalA xRA. FUTURE `\ 1►_01, DATE \ `` OF APPROVAL N lncralloO0As5Dc1AT®. FA —L NEW KV%ER CCE�FlG{TE 40OUNTY MANNING GEPT. .m OIVVE, SUkVE1TP. 1AR MMI `\ `\ \` A ,. .0 `2e4p�3 f }%R ..e....�,.... ..... r,.,.. ..r., w..c , ` DUE PINNNi IRECICR CCKI1rICATr: 1 n15 5UoVEY CREATE5 A 5UDVM5iON Of LAND * TH'" AN AR -CA Or A CXX)NTTY71KA7,OhF$ AWN ORR--ANNIQ TINT RrCAAATw9 r LS�AL r "w fx) r *. C- N. RPrODD�I-3. L- ific°te of t]wnorship. Dadiaati.n .nd Jurisdlctian a"fCATL Or KCCl51PATCW BY WGLSTM Or DEW NOR1H CAR M& NEW MANOVER COUNTY hw+ y o ufy l t 1 O✓. (A.e are) lhw .(.) of at. waWy M— 0•d d--bod AKM FOR �TRATOK ONN T.HE and tML I (w4} h.r.by.d.pt thl. P� �2p PINY OE Mt.aLL,�R1 bdMW— with my (w�) own K.n.rt1 a r.. .tt., ...I., a41AMV1 Np DUY A2(DASIm rydo.t. .dk; P«ko. n.Wn *— .fld Ah. .K..o 10 w bw ,g•. IN ,AAr 000o AT PAGE W. Noe m —to& AA r..d. y d .p. w...f°Mlto «. ftdk t" for puCNe •irw�CrpLeo115ba r P.rp Ps. FurTh�. I (w) -to' tM 0— ho(.«I A l.C°t.d yioin th4 i/o s t 7 C'rp.0ew-wHo>N.s.l D-�k� this r.—d.tion No w tlmo..r ty A. the dngjF.gpt f gtm4 >.Y pwor Kl4 AND AC Or 9VRVCY Afd) M.tUPACY I. OCtIALL N. UNDERWOOD, CERTIFY 14M 1115 PLAT WA5 DRAWN UNDER MY 5U"RVr510n PROM AN ACTUAL SURVEY MADE UNDER MY 5UFEitVITm rJEEJ Dr5CWrRON FDDDF= oN BOOK A5 FALL St1OM+1; THAT THE BOUNOAAM NDT 5UKVM' ART CILARLT iNDICA.IED AS DRAWN 7MINI tNFOPJAATIDN rOUND IN DXK A5rAGE •Yam: THAT THE KAM Or FRCGL710N AS CALCMATED =5 1. 10.000.; THAT THS HAT WA5 rREMPED UN ACCORDANCE WTTM G,5. 47-30 AS AACKXD. WrM55 MY O1MG19AL 51DNATURf- LICENSE MlMOER AND 5M THN I5 15T DAYOF OV. AD. 7005 . L 25G2 200 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. SMITH NEW HRNOVER COUNTY, NC 2007 MAR 12 03:25:31 PM BK:5153 PG:765-777 FE 147.00 I5107 # 217012217 Prepared by ar 6mailfter recording to: Weatherspoon & Voltz LLP P,O. Box 10324 Raleigh, NC 27605 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELLA SERA VILLAS AT VINEYARD PLANTATION This Amendment to the Declaration of Covenants, Conditions and Restrictions for Bella Sera Villas at Vineyard Plantation ("Amendment") is made this the 6t' day of March, 2007 by and between WHITE PARTNERS, LLC, a North Carolina limited liability company. (the "Declarant"), JEROME L. GORDON and wife, WILMA GORDON (collectively referred to as "Gordon"); KRISTEN M. OVERMAN ("Overman"); and JEFFREY T. GREGORIO and wife, AMY K. GREGORIO (collectively referred to as "Gregorio"). WITNESSETH WHEREAS, Declarant is the record owner of certain real property (the "Property") in New Hanover County, North Carolina, which is more particularly described as being all of the Bella Sera Villas at Vineyard Plantation containing 21.47 acres as more particularly described in the Declaration; and WHEREAS, the Declarant recorded a certain Declaration of Covenants, Conditions and Restrictions for Bella Sera Villas at Vineyard Plantation in Book 5002, Page 1113, New Hanover County Registry (the "Declaration") for the development and maintenance of the Property; and WHEREAS, the Declarant desires to annex the Phase 11 Parcel as additional property subject to the Declaration; and WHEREAS, the Declarant has sold four (4) Villas to each of Gordon, Overman and Gregorio (2 Villas); and WHEREAS, Gordon, Overman, and Gregorio hereby consent and agree to be subject to this Amendment to the Declaration; and WHEREAS, the Declarant desires to modify and amend the Declaration as set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Amendment and other good and valuable consideration, and intending to be legally bound, Declarant agrees as follows: 1. Pursuant to the authority in Section 2.2 of the Declaration, the Declarant hereby annexes the Phase II Parcel into the Property and subjects it to the Declaration and any amendments thereto. Exhibit B attached hereto and incorporated herein by reference shall expand the Property subject to the Declaration to include the Phase I1 Parcel. 2. Section 4.6 of the Declaration is hereby deleted in its entirety, and the following is hereby inserted in its place: "Section 4.6. Maximum Annual Assessment. Until December 31, 2007, the maximum annual assessment for each Class A Lot (the "Assessment Cap") shall be Two Thousand Four Hundred Sixty and N01100 Dollars ($2,460.00) paid in quarterly installments; except as otherwise provided below: (a) The Board maintains the right to increase the Assessment Cap without a vote of the membership so long as the increase does not exceed fifteen percent (15%) per annum; provided, however, the Assessment Cap may be increased above fifteen percent (15%) per annum by a vote of two-thirds (2/3) of the Members of the Association who are voting in person or by proxy, at a meeting duly called for this purpose. (b) The Board shall fix the annual assessment for each assessment year at an amount not in excess of the Assessment Cap for that year." 3. In Section 4.15 of the Declaration, the initial capital contribution to be deposited into the reserve fund shall be amended to be the sum of Four Hundred Ten and No/100 Dollars ($410.00) (the sum of two (2) months of the then monthly assessments). 4. Section 6.2 of the Declaration is hereby deleted in its entirety, and the following definition is hereby inserted in its place: "Section 6.2. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association (and not included in monthly dues) and charged as K an additional expense of the Association for all purposes. All such premiums shall be paid by the Association at least thirty (30) days prior to the expiration date of such policies and reimbursed by the Owners within thirty (30) days of receipt of billing statement. Any deductible amounts incurred in connection with a loss or claim shall be paid by the Owner or Owners who are affected by the loss or claim." 5. Section 8.2 of the Declaration is hereby deleted in its entirety, and the following definition is hereby inserted in its place: "Section 8.2. Architectural Control. Unless expressly authorized in writing by the Committee, no Villa, fence, wall, driveway, patio, swimming pool, building or other structure or improvement whatsoever shall be constructed or maintained, nor shall the initial landscaping installed with the Villa be materially changed, nor shall any exterior addition or alteration to any Villa (including doors, windows and electrical fixtures), fence, wall, driveway, patio or other building or structure or improvement be started, nor shall any clearing or site work be commenced or maintained upon any Lot within the Project, until plans and specifications thereof showing the shape, dimensions, materials, basic exterior finishes and colors, location on site, driveway, parking decorative, landscape planting, floor plans and elevations therefore (all of which is hereinafter referred to collectively as the "Plans"), and any application fee set by the Association, shall have been submitted (the Plans in triplicate) to, and approved in writing by, the Committee, as to harmony of external design and location in relation to any surrounding structure, natural features and topography. The Committee shall have the absolute and exclusive right to refuse to approve any such Plans which are not suitable or desirable is the opinion of the Committee for any reason, including purely aesthetic reasons, which in the sole and uncontrolled discretion of the Committee shall be deemed sufficient. The Committee may promulgate design standards from time to time to be adhered to by the Plans for the Lots, or Villas in the Project (the "Design Standards"). A current copy of the Design Standards shall be kept on file in the principal office of the Association. Notwithstanding the foregoing, provided any proposed fence is compliant with the then current Design Standards, the fence shall be approved by the Committee with exception to the location which shall remain within the Committee's sole and absolute discretion. In no event shall the Committee approve any Plans in which the height or setback of the improvements on the Lot or Improved Lot violates the limits established by the Town of Wilmington. Each Lot shall be maintained consistently with the initial landscaping. All material changes to the landscaping installed on a Lot shall be first approved by the Committee. The Committee shall have the authority to create landscaping guidelines with which each Lot shall comply." 6. Section 10.9 of the Declaration is hereby deleted in its entirety, and the following is hereby inserted in its place: "Section 10.9. Patios/Decks. The rear patios on each Villa shall be kept in a clean, neat, and orderly condition at all times, and shall not be used for the overnight storage of garbage, or for the drying of laundry. In particular, towels or banners shall not be hung on the 3 patio or balcony railings, and any dead plants shall be removed promptly. Without prior written approval from the Committee, no indoor -outdoor carpeting, hot tub, or other pool shall be installed on any patio. Any furniture on the patio shall be appropriate outdoor furniture and shall be maintained in a neat, tidy, and good condition. Bird feeders are only permitted within the patio, and also must be maintained in a neat, tidy, and good condition. Barbecue grills may be stored on the patio, but all other personal property (such as bicycles, lawn care equipment and recreational equipment) shall be stored in a manner so as not to be visible from the Common Areas or other Lots. The size and location of a patio will be specifically limited to the following: (a) San Marco (10' 8" x 12' 5") (b) Tuscany No wood decks will he permitted. The surface material of any patios will be concrete, brick, or stone and shall be limited to muted colors approved by the Association only." 7. Section 10.11 of the Declaration is hereby deleted in its entirety and the following is hereby inserted: "Section 10.11. Fences. No fence, privacy fence, wall, patio enclosure; hedge, garden or mass planting shall be erected, maintained or permitted upon the Property except as approved by the Committee." 8. Section 10.16 of the Declaration is hereby deleted in its entirety and the following is hereby inserted: "Section 10.16. Storm Doors, Awnings and Window_ Treatments. No awnings will be permitted on any villa at any time. Storm doors are prohibited except for the one specific storm door (color, model and make supplied by the Declarant) chosen by the Association, which must be installed professionally. Any window covering or treatment visible from the exterior of the villa must be of solid color that blends with the exterior trim." 9. This Amendment shall be construed in accordance with the laws of the State of North Carolina. All capitalized terms not defined in this Amendment shall have the meaning ascribed in the Declaration. 10. This Amendment shall be binding upon and inure to the benefit of, and shall be enforceable by, each Owner, it heirs, successors and assigns in title to the Property or any portion thereof. [Signature pages to follow] 4 IN WITNESS WHEREOF, Declarant has caused this Amendment to be executed as of the day and year first above written. Declarant: WHITE PARTNERS LLC, a North Carolina limited liability company, By: Renaissance Holdings, LLC, a North Carolina limited liability company Its Mana r By: Thomas A. Saieed, Jr., Manager STATE OF NORTH CAROLINA COUNTY OF WAKE 1, M Q C A-4 4 C-jC7Q-Kf- , a Notary Public of the County and State aforesaid, certify that Thomas A. Saieed, Jr., being personally known to me, personally came before me this day and acknowledged that he is the Manager of Renaissance Holdings, LLC a North Carolina limited liability company, the Manager of White Partners, LLC a North Carolina limited liability company, and that he, as Manager being authorized to do so, voluntarily executed the foregoing on behalf of the limited liability companies for the purposes stated therein. WITNESS my hand and official stamp or seal, this A0kday of lqC' 6 , 2007. Nota Public Printed Name: M G f' f �7Q A My Commission Expires: ?, MARTHA A GOCKE NOT,4RY PUBLIC WAKE COUNTY STATE Of NOPTH CAROLINA MY COMMISSION EXPIRES 6-27-2007 Jerd6e L. Gordon Wilma Gordon STATE OF 0 k 'D COUNTY OF 2 < l -�- I, , a Notary Public for said County and State, do hereby certify Jerome L. Gordon either being personally known to me or proven by satisfactory evidence (said evidence being ), personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by him for the purposes stated therein. WITNESS my hand and notarial seal, this Pd" day of re b. , 2007. ►� JOHN K KELM /1 • NOTARY PUBLIC, STATE OF OHIO 1 le� MF Camiulw DOm J* 8, 2001 No YGPublic Printed Name -.-To k r 1A Ve (Official Seal) My Commission Expires: STATE OF T. O COUNTTY OF . VP-- I, �oh n M . i_1_1 Y , a Notary Public for said County and State, do hereby certify Wilma Gordon either being personally known to me or proven by satisfactory evidence (said evidence being }, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by her for the purposes stated therein. � WITNESS my hand and notarial seal, this JZ day of �-Q , 2007. ON M. KELLY 141*7 '�/ ARY PUBLIC, STATE OF O 20OD' Not Public CommMM fxp J* B. Pri ted Name: _ J o k n M - ee f 1,4 (Official Seal) My Commission Expires: Gl STATE OF COUNTY OF M6'l 7 a4 D Ue—�— a Notary Public for said County and State, do hereby certi Kristen M. Overman eithgr ein personally known to me or proven by satisfactory evidence (said evidence being f flt , personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by her for the purposes stated therein. WITNESS my hand and notarial seal, this 6 day of 2007. DWAYNETYNDAD NOTARY PZ BUCNotary blic ��,, � NEW MAMWER GOLPrinted Name: ' 1%t1l pKX" cABOUN My oamm�on E ,om J* (Official Seal) My Commission Expires: 7 ".2421W,�e/ T. 7 egon STATE OF NORTH CAROLINA COUNTY OF WAKE I, tqQ r6q' 6 Gc Q k'—> , a Notary Public for said County and State, do hereby certify Jeffrey T. Gregorio being personally known to me, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by him for the purposes stated therein. WITNESS my hand and notarial seal, this lq*day of 2007. FC'G 1-a i A GOC- ?Y7 aulm �. � qP,'f f1LjBLiC No PublicINA Printed Name: r —� 5'sJ'� i (Official Seal) My Commission Expires: CA ? • �� STATE OF NORTH CAROLINA COUNTY OF WAKE 1, !— 1 iq r4kQ sA C1 c-7k-e , a Notary Public for said County and State, do hereby certify Amy K. Gregorio being personally known to me, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by her for the purposes stated therein. WITNESS my hand and notarial seal, this I day of 92007. MARTHA A GOCKE rJC;"ARY Pt BOG V,fAK' COUNTY STATE OF iiC,,R1H CAROLINA MY COIVIIMII;:SiON EXPIRES 6.27-2007 (Official Seal) -T4 6AP.- 4 or.� Notary I4hiblie Printed Name: My Commission Expires: (0 - a 7 , b 7 8 CONSENT OF LENDER Compass Bank, being the Beneficiary under that certain Deed of Trust from Declarant to L. Michael Halter, Trustee, recorded in Book 4868 at Page 2381of the New Hanover County, North Carolina Public Registry, conveying the Property as more particularly described in the, Declaration, hereby: (a) consents to the recordation of this Amendment to the Declaration of Covenants, Conditions and Restrictions for Bella Sera Villas at Vineyard Plantation (the "Amendment") and the imposition of the provisions hereof to the Property; and (b) subordinates the lien and operation of the Deed of Trust to this Amendment and the provisions contained herein. In the event of a foreclosure of the Deed of Trust, or a transfer of any portion of the Property in lieu of foreclosure, Beneficiary and Trustee agree that the purchaser at any such foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the Property together with and subject to all of the terms and conditions of this Amendment. The execution of this Consent of Mortgagee by the Beneficiary shall not be deemed or construed to have the effect of creating between the Beneficiary and Declarant the relationship of partnership or of joint venture, nor shall it be deemed to impose upon the Beneficiary any of the liabilities, duties or obligations of the Declarant under this Amendment. Beneficiary executes this Consent of Mortgagee solely for the purposes set forth above. The Trustee also joins in and executes this Consent as Trustee for the purposes set forth above. TRUSTEE: L. Michael Halter BENEFICIARY COM SBA By: n:>E7 Printed Name: C •'D� Title: SC-7- . President E STATE OF COUNTY OF 1, V V 11 ' , a Notary Public for said County and State, do hereby certify th t L. Michael Halter, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by him as Trustee for the purposes stated therein. sV4,T=V% hand and notarial seal, thi day of 2007. -4 44A - Notary Public Printed Name0M-(!�1h2j6 /q. 4LIL My Commission Ex ires: -IDI- I STATE OF COUNTY OF s' I, , L.L_� a Notary Public of the County and State aforesaid, certif t ' crsonally appeared before me this day d owledged that (s)he is of Compass Bank, and that (s)he, as , being authorized to do so, voluntarily executed the foregoing on behalf of Compass Bank for the purposes stated therein. WITNESS my hand and official stamp or seal, thi,9 ay of 2007. My Commission Expires: 1-0q-1 -4- Printed Nam� '� 1I 1 � 101 N4TA.9p, y•t p�B11Cf 44b o-Q!14 STATE a Exhibit B LEGAL DESCRIPTION OR PHASE II PARCEL LeO D waripttoa Prgwod for Futeh (.r** Vewturs, LLC 11AS Acres +/- Brag at a potM said pAw bum dw northw►aat oomw of Lot 133, Phaw Five, Vineyard Plaadadon as recorded at Map Boots 48 Psga 97, New Ham ovw County R mlistry, themeI $a® said PoJnt of Bae&aing Point along and wi& die norft aatem line of 60 !pure devdopmear tmeu to shown on Map Book 49 Pqp 97, New Hain m County Wetry NorM 48 dkMs 49 whmgea 51 seooads'West a diof 46.71 feet to a point; theme North 41 degrees 19 m utm 09 aoc=& Bast a dittwee of 170.00 tart to a poi tbcnm North 79 dagZM 23 miaaames 37 srcantls But a distaave of 76.22 fact to a paint; thereon South 48 degreas 40 minuto 51 eeoonds Bast a distance of 2M91 Saes to a point; to nac Now 41 degees 19 mtnums 09 moonds Bast a distmoo of 169.97 feat to a point; tlba tam Souk 49 dons 40 winutes 51 saovomb Bat a distance of420.07 feat to a point; t<mnee South 41 degrees t9 minaaes 09 sooands went a disttmee of 169.97 feint to a► paint: *c=c South 48 degrea 40 miaatw 51 seconds Sant a dlsta m of 20.89 foot to a paint the= North 40 degreai 16 mimes 28 wmals Barr a diatptt w of 416.97 Seett to a point; theaw South 49 degrees 43 minutes 32 seconds East a dlstame of 170.00 fiat 10 a point tba moe North 40 dcgz P - 16 minutes 28 wwnds But a distsnae of 113.32 feat to a point Iooadlad in tlse wWwwtam R/W Um of Pla kh Gonads Road (60' Public RM; thews &keg and with the soutbudern R/W Brie of Rutty Crack Road (6(Y IOWA c R/W) Sow 64 degrees 29 rabacs 49 stoomis East a dimrwe of 237.96 fad to a poird located in the wasters Tina of Vineyard Plmdedon, Phov Two as reworded r MW Hook 47 Pap 204, New Hanavaer County Registry; dwaft slong and wit the w me m line of Vineyard Pbnmdm Phw Twin south 4o dqp= t6 a 28 moonds Wear a distance of 830.27 Sect to a p AM loeanmd in to =w6awom line of Vi " d Plsnudan„ PLa w Five w wwrdad at Map Book 48 P*V 97, Now ffmovar GouMy R*sby, dmaoa along end with dw nottmastera lira of Vmrd►ard Pwm*wq. Phase Five Notch 48 dam= 4o miner 51 seoandt West a diownoe of 866A2 !fret to the Pelt of Bqftmb& 000Wdus 11.05 AaCees, moms or lass. CERTIFICATION OF VALIDITY OF FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELLA SERA VILLAS AT VINEYARD PLANTATION By the authority of its Board of Directors, the Bella Sera Villas at Vineyard Plantation Association, Inc., hereby certifies that the foregoing instrument has been duly adopted and approved by the requisite percentage of Owners of and lenders on Lots in Bella Sera Villas at Vineyard Plantation and is, therefore, a valid amendment to the existing covenants, conditions and restrictions of Bella Sera Villas at Vineyard Plantation. As of the day of��007. BELLA SERA VILLAS AT VINEYARD PLANTATION ASSOCIATION, INC. t By: ft . LM4�2 Michael L. K p, President 12 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 03/12/2007 03:25:31 PM Book: RE 5153 Page: 765-777 Document No.: 2007012217 AMEND 13 PGS, $47.00 Recorder: SCOTT, NANCY A State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007012217* 2007012217 1� E I Date Design N O R R E S, K U S K T U N S T A L L >SheetCyr 902MarketSt• CONSULTING ENGINEERS, INC. Wilmington,N.C.28401 Check Job For Job No. S�oRr��v.� i OP- CAGC-S Sc--rzA I <n426 � 51 TE VA A 517-6 AMC (KpC1<v/G uI 73L 0 i;-T R OA DS- 511)C—\-A I[ IDrtov E wAYJ' 'FOOL DCrn /P11Nleipr( TQ ,AL IK17, Ac Z I, 47 2,77 Ur2.f (,92 4Z/ 2 1, 4,7 5F 93.s; 40 o 1 201, & c3 c] 7 @ 25-10 5� 300 2 ?i 1 ¢ 0 G O��V �� •., ,..,• ^., 4 ��� yi 70/ ('00 0 I11 _ _ 900 G ;i1 try 00 � Zq of USC Farr r—fTLS7 gz x 0,4')+ �14,.Sr'c 0,z)� I,s'"x r//a x ¢3s6o SFIAC ¢g goo cr- z(5w,1 I+.J "�6Rlr� � 2 Clfuf;LYrzia ;.ulv '�°Nd1 V= SOi 2ou �� Et��\i z2. C73YP/�ss ELv p 1Z A,\•i iNJ L-1tu17 ow/ T� S v12'j 0 e-F -i 2-`7 C-F1`� A to G o 3 G 14 Its 1,5— VAYJ 01L /1'os7 C-dr.cST�VC.7�uN -Rur.rof r- S6 6 A -r%nC NcF r> CAL'c 11 5Te/�R� -Ptz6 i (c r s1 (C F s ) z y 0,3 .011,1I"- 16 Yfz 2, a 1,7 2r YA 4, 2 2, 1 IF (C LLE— I5� /NR -1,- 12 G0 Sum \k4n...y L •. � �� MAR 1 1 2005 DWQ nROJ # U-S9 S3 �jE AREA TO SW E #9 AREA TO DET. POND #1 PROJECT SITE R9 r.. DETEN I I N POND 53 S6 SWALE #9 AREA TO SWALE C�/ AREA T�] SWALE #3 17 R8 R6 A R3 Q--- R5 AREA TO SWALE #8 SWALE #8 SW #6 INFILTIRAJION POND SW 43 SWALE 95 AREA TO SWALE #5 SZ,.. S7 ' ---0 FRJ7 FRI] AREA TO INFILTRATION POND SWALE #4 AREA TO SWALE 44 AREA TO SWALE #7 SWALE #7 #2 Subcat ReacF� on LI11iC 04204 Bella Sera Infiltration Type 11124-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 2 HydroCADO 7.01 sln 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Time span=10.00-24.00 hrs, dt=0.01 hrs, 1401 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Dyn-Stor-Ind method - Pond routing by Dyn-Stor-Ind method Subcatchment PRE: PROJECT SITE Runoff Area=21.470 ac Runoff Depth=0.03" Flow Length=600' Tc=67.6 min CN=35 Runoff=0.08 cfs 0.051 of Subcatchment S1: AREA TO DET. POND #1 Runoff Area=1.560 ac Runoff Depth=0.45" Flow Length=100' Tc=21.0 min CN=49 Runoff=0.30 cfs 0.059 of Subcatchment S2: AREA TO INFILTRATION POND #2 Runoff Area=1.710 ac Runoff Depth=0.11" Flow Length=100' Tc=21.0 min CN=39 Runoff=0.03 cfs 0.015 of Subcatchment S3: AREA TO SWALE #3 Runoff Area=0.880 ac Runoff Depth=0.11" Flow Length=100' Tc=21.0 min CN=39 Runoff=0.01 cfs 0.008 of Subcatchment S4: AREA TO SWALE #4 Runoff Area=3.360 ac Runoff Depth=1.32" Flow Length=175' Tc=32.8 min CN=65 RunofF2.64 cfs 0.369 of Subcatchment S5: AREA TO SWALE #5 Runoff Area=4.360 ac Runoff Depth=1.32" Flow Length=175' Tc=32.8 min CN=65 Runoff-3.42 cfs 0.479 of Subcatchment S6: AREA TO SWALE #6 Runoff Area=0.820 ac Runoff Depth=0.11" Flow Length=100' Tc=21.0 min CN=39 Runoff=0.01 cfs 0.007 of Subcatchment S7: AREA TO SWALE #7 Runoff Area=3.070 ac Runoff Depth=1.32" Flow Length=175' Tc=32.8 min CN=65 Runoff=2.41 cfs 0.337 of Subcatchment S8: AREA TO SWALE #8 Runoff Area=2.810 ac Runoff Depth=1.32" Flow Length=175' Tc=32.8 min CN=65 Runoff=2.21 cfs 0.309 of Subcatchment S9: AREA TO SWALE #9 Runoff Area=1.680 ac Runoff Depth=1.32" Flow Length=175' Tc=32.8 min CN=65 Runoff=1.32 cfs 0.185 of Reach R3: SWALE #3 Peak Depth=0.82' Max Vet=2.1 fps Inflow=6.03 cfs 0.855 of n=0.024 L=60.0' S=0.0033 T Capacity=50.90 cfs Outflow=6.03 cfs 0.854 of Reach R4: SWALE #4 Peak Depth=0.52' Max Vet=2.0 fps lnflow=2.64 cfs 0.369 of n=0.024 L=290.0' S=0.0048'1' Capacity=11.50 cfs Outflow=2.62 cfs 0.368 of Reach R5: SWALE #5 Peak Depth=0.53' Max Vet=2.5 fps inflow=3.42 cfs 0.479 of n=0.024 L=190.0' S=0.0074 7' Capacity=14.20 cfs Outflow=3.41 cfs 0.478 of Reach R6: SWALE #6 Peak Depth=0.78' Max Vet=2.3 fps Inflow=5,89 cfs 0.836 of n=0.024 L=50.0' S=0.0040 7' Capacity=55.76 cfs Outflow=5.89 cfs 0.836 of Reach R7: SWALE #7 Peak Depth=0.50' Max Vet=1.9 fps Inflow=2.41 cfs 0.337 of n=0.024 L=290.0' S=0.0048 T Capacity=11.50 cfs Outflow=2.39 cfs 0.336 of 04204 Bella Sera Infiltration Type Ill 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 3 HydroCAD® 7.01 s/n 000479 © 1986-2004 Applied Microcomputer Systems _ �1129/2005. 12:33:03 PM Reach R8: SWALE #8 Peak Depth=0.47' Max Vet=1.9 fps Inflow=2.21 cfs 0.309 of n=0.024 L=190.0' S=0.0053 '/' Capacity=12.00 cfs Outflow=2.20 cfs 0.308 of Reach R9: SWALE #9 Peak Depth=0.39' Max Vet=1.6 fps Inflow=1.32 cfs 0.185 of n=0.024 L=310.0' S=0.0042 T Capacity=10.72 cfs Outflow=1.30 cfs 0.184 of Pond P1: DETENTION POND Peak EIev=20.55' Storage=2,330 cf Inflow=0.30 cfs 0.059 of Outflow=0.01 cfs 0.005 of Pond P2: INFILTRATION POND Peak EIev=21.91' Storage=48,315 cf Inflow=11.92 cfs 1.705 of Discarded=0.68 cfs 0.653 of Primary=0.00 cfs 0.000 of Outflow=0.68 cfs 0.653 of Total Runoff Area = 41.720 ac Runoff Volume = 1.819 of Average Runoff Depth = 0.52" 04204 Bella Sera Infiltration Type Ill 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 4 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12.33.03 M W dro AD® 7.01 sl_n P , , _ Subcatchment PRE: PROJECT SITE Runoff = 0.08 cfs @ 18.10 hrs, Volume= 0.051 af, Depth= 0.03" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area ac CN Description 21.470 35 Brush, Fair, HSG A Tc Length Slope Velocity Capacity Description min feet ft/ft) (ft/sec) (cfs 57.5 300 0.0100 0.1 Sheet Flow, Sheet Flow Woods: Light underbrush n= 0.400 P2= 4.50" 10.1 300 0.0050 0.5 Shallow Concentrated Flow, Shallow Flow to Outlet Short Grass Pasture Kv= 7.0 fos 67.6 600 Total Subcatchment S1: AREA TO DET. POND #1 Runoff - 0,30 cfs @ 12.50 hrs, Volume= 0.059 af, Depth= 0.45" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description _ 1.560 49 50-75% Grass cover, Fair, HSG A Tc Length Slope Velocity Capacity Description - (min) (feet) (ft/ft) (ft/sec) _ (cfs) - 21.0 100 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Subcatchment S2: AREA TO INFILTRATION POND #2 Runoff = 0.03 cfs @ 14.91 hrs, Volume= 0.015 af, Depth= 0.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description 1.710 39 >75% Grass cover, Good, HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) __sec) (cfs) 21.0 100 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" 04204 Bella Sera Infiltration . Type U/ 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 5 HydroCAD® 7.01-_s-In 000479 O 1986-2004 Applied -Microcomputer Systems -- 1/29/2005 12:33:03 PM Subcatchment S3: AREA TO SWALE #3 Runoff = 0.01 cfs @ 14.91 hrs, Volume= 0.008 af, Depth= 0.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" _ Area (ac) CN Description 0.880 _ 39 >75% Grass cover, Good, HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft)-(ftlsec) —(cfs) _ 21.0 100 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Subcatchment S4: AREA TO SWALE #4 Runoff = 2.64 cfs @ 12.50 hrs, Volume= 0.369 af, Depth= 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Descrgp ion 3.360 65 Townhomes, 45% imp, HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (fUft) (ftlsec) (cfs) 32.8 175 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Subcatchment SS: AREA TO SWALE #5 Runoff = 3.42 cfs @ 12.50 hrs, Volume= 0.479 af, Depth= 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description _ 4.360 65 Townhomes, 45% Imp, HSG A Tc Length Slope Velocity Capacity Description min - (feet) (ft/ft) sec) (cfs) 32.8 175 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" 04204 Bella Sera Infiltration Type Ill 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 6 HydroCAD® 7.01 sh 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Subcatchment S6: AREA TO SWALE #6 Runoff = 0.01 cfs @ 14.91 hrs, Volume= 0.007 af, Depth= 0.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description 0.820 39 >75% Grass cover, Good, HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 21.0 100 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Subcatchment S7: AREA TO SWALE #7 Runoff - 2.41 cfs @ 12.50 hrs, Volume= 0.337 af, Depth= 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4,50" Area Lac) CN Description 3.070 65 Townhomes, 45% Imp., HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 32.8 175 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Subcatchment S8: AREA TO SWALE #8 Runoff 2.21 cfs @ 12.50 hrs, Volume= 0.309 af, Depth= 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description _ 2.810 65 Towmhomes, 45% Imp. HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (fUft) (ft/sec) (cfs) 32.8 175 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" 04204 Bella Sera Infiltration Type Ifl 24-hr 2 Yr Rainfal1=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 7 HydroCADO 7.01 s/n 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Subcatchment S9: AREA TO SWALE #9 Runoff - 1.32 cfs @ 12.50 hrs, Volume= 0.185 af, Depth= 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 2 Yr Rainfall=4.50" Area (ac) CN Description _ 1.680 65 Townhomes, 45% Imp, HSG A Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) _ 32.8 175 0.0050 0.1 Sheet Flow, Grass: Dense n= 0.240 P2= 4.50" Reach R3: SWALE #3 Inflow Area = 8.600 ac, Inflow Depth = 1.19" for 2 Yr event Inflow = 6.03 cfs @ 12.52 hrs, Volume= 0.855 of Outflow = 6.03 cfs @ 12.53 hrs, Volume= 0.854 af, Atten= 0%, Lag= 0.4 min Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 2.1 fps, Min. Travel Time= 0.5 min Avg. Velocity = 1.1 fps, Avg. Travel Time= 0.9 min Peak Depth= 0.82' @ 12.53 hrs Capacity at bank full= 50.90 cfs Inlet invert= 22.60', Outlet Invert= 22.40' 1.00' x 2.00' deep channel, n= 0.024 Length= 60.0' Slope= 0.0033 T Side Slope Z-value= 3.0 7 ' Reach R4: SWALE #4 Inflow Area = 3.360 ac, Inflow Depth = 1.32" for 2 Yr event Inflow = 2.64 cfs @ 12.50 hrs, Volume= 0.369 of Outflow = 2.62 cfs @ 12.54 hrs, Volume= 0.368 af, Atten= 1 %, Lag= 2.0 min Routing by Dyn-Star-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 2.0 fps, Min. Travel Time= 2.5 min Avg. Velocity = 1.0 fps, Avg. Travel Time= 4.9 min Peak Depth= 0.52' @ 12.54 hrs Capacity at bank full= 11.50 cfs Inlet Invert= 24.00', Outlet Invert= 22.60' 1.00' x 1.00' deep channel, n= 0.024 Length= 290.0' Slope= 0.00487 Side Slope Z-value= 3.0 7' 04204 Bella Sera Infiltration Type 1/124-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 8 H droCADO 7.01 sln 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Reach R5: SWALE #5 Inflow Area = 4.360 ac, Inflow Depth = 1.32" for 2 Yr event Inflow = 3.42 cfs @ 12.50 hrs, Volume= 0.479 of Outflow - 3.41 cfs @ 12.52 hrs, Volume= 0.478 af, Atten= 0%, Lag= 1.0 min Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 2.5 fps, Min. Travel Time= 1.3 min Avg. Velocity = 1.2 fps, Avg. Travel Time= 2.5 min Peak Depth= 0.53' @ 12.52 hrs Capacity at bank full= 14.20 cfs Inlet Invert= 24.00', Outlet Invert= 22.60' 1.00' x 1.00' deep channel, n= 0.024 Length= 190.0' Slope= 0.0074 T Side Slope Z-value= 3.0 7' Reach R6: SWALE #6 Inflow Area = 8.380 ac, Inflow Depth = 1.20" for 2 Yr event Inflow - 5.89 cfs @ 12.53 hrs, Volume= 0.836 of Outflow = 5.89 cfs @ 12.54 hrs, Volume= 0.836 af, Atten= 0%, Lag= 0.3 min Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 2.3 fps, Min. Travel Time= 0.4 min Avg. Velocity = 1.2 fps, Avg. Travel Time= 0.7 min Peak Depth= 0.78' @ 12.54 hrs Capacity at bank full= 55.76 cfs Inlet Invert= 22.60', Outlet Invert= 22.40' 1.00' x 2.00' deep channel, n= 0.024 Length= 50.0' Slope= 0.0040 Side Slope Z-value= 3.0 7' Reach R7: SWALE #7 Inflow Area = 3.070 ac, Inflow Depth = 1.32" for 2 Yr event Inflow = 2.41 cfs @ 12.50 hrs, Volume= 0.337 of Outflow - 2.39 cfs @ 12.54 hrs, Volume= 0.336 af, Atten= 1 %, Lag= 2.1 min Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 1.9 fps, Min. Travel Time= 2.5 min Avg. Velocity = 1.0 fps, Avg. Travel Time= 5.0 min Peak Depth= 0.50' @ 12.54 hrs Capacity at bank full= 11.50 cfs Inlet Invert= 24.00', Outlet Invert= 22.60' 1.00' x 1.00' deep channel, n= 0.024 Length= 290.0' Slope= 0.00487 Side Slope Z-value= 3.07 04204 Bella Sera Infiltration Type 11124-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 9 HydroCADO 7.01 sln 000479 _O 1986-2004 Applied Microcomputer Systems 1 /29/2005 12:33:03 PM Reach R8: SWALE #8 Inflow Area = 2.810 ac, Inflow Depth = 1.32" for 2 Yr event Inflow = 2.21 cfs @ 12.50 hrs, Volume= 0.309 of Outflow = 2.20 cfs @ 12.52 hrs, Volume= 0.308 af, Atten= 0%, Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 1.9 fps, Min. Travel Time= 1.6 min Avg. Velocity = 1.0 fps, Avg. Travel Time= 3.2 min Peak Depth= 0.47' @ 12.52 hrs Capacity at bank full= 12.00 cfs Inlet Invert= 24.20', Outlet Invert= 23.20' 1.00' x 1.00' deep channel, n= 0.024 Length= 190.0' Slope= 0.0053 'P Side Slope Z-value= 3.0 'P Reach R9: SWALE #9 Inflow Area = 1.680 ac, Inflow Depth = 1.32" for 2 Yr event Inflow = 1.32 cfs @ 12.50 hrs, Volume= 0.185 of Outflow = 1.30 cfs @ 12.55 hrs, Volume= 0.184 af, Atten= 1 %, Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 1.6 fps, Min. Travel Time= 3.3 min Avg. Velocity = 0.8 fps, Avg. Travel Time= 6.7 min Peak Depth= 0.39' @ 12.55 hrs Capacity at bank full= 10.72 cfs Inlet Invert= 23.90', Outlet Invert= 22.60' 1.00' x 1.00' deep channel, n= 0.024 Length= 310.0' Slope= 0.0042 T Side Slope Z-value= 3.07 Pond P1: DETENTION POND Lag= 1.3 min Inflow Area = 20.250 ac, Inflow Depth = 0.03" for 2 Yr event Inflow = 0.30 cfs @ 12.50 hrs, Volume= 0.059 of Outflow - 0.01 cfs @ 24.00 hrs, Volume= 0.005 af, Atten= 97%, Primary = 0.01 cfs @ 24.00 hrs, Volume= 0.005 of Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 20.55' @ 24.00 hrs Surf.Area= 46,630 sf Storage= 2,330 cf Plug -Flow detention time= 446.1 min calculated for 0.005 of (9% of inflow) Center -of -Mass det. time= 241.3 min ( 1,186.9 - 945.6 ) # Invert Avail.Storage Storage Description 1 20.50' 166,075 cf Custom Stage Data (Prismatic isted below Lag= 2.7 min Lag= 689.9 min 04204 Bella Sera Infiltration Type it/ 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 10 HydroCADO 7.01 sln 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Elevation Surf.Area Inc.Store Cum.Store (feet)_ (sq-ft) {cubic -feet) (cubic -feet) 20.50 46,600 0 0 21.00 46,900 23,375 23,375 22.00 47,300 47,100 70,475 23.00 47,800 47,550 118,025 24.00 48,300 48,050 166,075 # Routing Invert Outlet Devices 1 Primary 20A0' 12.0" x 300.0' long Culvert RCP, square edge headwall, Ke= 0.500 Outlet Invert= 19.30' S= 0.0037 7' n= 0.012 Cc= 0.900 2 Device 1 20.50' 8.0" Vert. Orifice/Grate C= 0.600 3 Device 1 22.50' 16.0' long x 3.0' high Sharp -Crested Rectangular Weir 0 End Contraction(s) Primary OutFlow Max=0.01 cfs @ 24.00 hrs HW=20.55' (Free Discharge) L1=Culvert (Passes 0.01 cfs of 0.06 cfs potential flow) 2=Orifice/Grate (Orifice Controls 0.01 cfs @ 0.8 fps) L3=Sharp-Crested Rectangular Weir ( Controls 0.00 cfs) Pond P2: INFILTRATION POND Inflow Area = 18.690 ac, Inflow Depth = 1.09" for 2 Yr event Inflow = 11.92 cfs @ 12.53 hrs, Volume= 1.705 of Outflow - 0.68 cfs @ 18.85 hrs, Volume= 0.653 af, Atten= 94%, Lag= 379.1 min Discarded = 0.68 cfs @ 18.85 hrs, Volume= 0.653 of Primary = 0.00 cfs @ 10.00 hrs, Volume= 0.000 of Routing by Dyn-Star-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 21.91' @ 18.85 hrs Surf.Area= 21,481 sf Storage= 48,315 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 193.4 min ( 1,086A - 893.0 ) # Invert Avail.Stora a Storage Description 1 19.00, 134,000 cf Custom Stage Data (Prismatickisted below Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 19.00 11,800 0 0 20.00 15,000 13,400 13,400 21.00 18,400 16,700 30,100 22.00 21,800 20,100 50,200 23,00 25,100 23,450 73,650 24.00 28,700 26,900 100,550 25.00 38,200 33,450 134,000 # Routing Invert Outlet Devices 1 Primary 22.00' 4.0' long x 3.0' high Sharp -Crested Rectangular Weir X 2.00 2 End Contraction(s) 4.00' Rise 2 Discarded 0.00' 0.001900 fpm Exfiltration over entire Surface area 04204 Bella Sera Infiltration Type 111 24-hr 2 Yr Rainfall=4.50" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Page 11 HydroCADO 7.01 sIn 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 12:33:03 PM Discarded OutFlow Max=0.68 cfs @ 18.85 hrs HW=21.91' (Free Discharge) 'L2=Exfiltration (Exfiltration Controls 0.68 cfs) Primary OutFlow Max=0.00 cfs @ 10.00 hrs HW=19.00' TW=20.50' (Dynamic Tailwater) L1=Sharp-Crested Rectangular Weir ( Controls 0.00 cfs) NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, April 5, 2005 Ms. Linda Lewis NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Bella Serra at Futch Creek Stormwater Review Comments New Hanover County NKT Project No. 04204 Dear Ms. Lewis: INC. We are responding to your e-mailed comments of March 30, 2005 as follows: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. of Counsel 1. The deed restriction comments have been forwarded to our client for correction by their attorney. These changes will be sent to you under separate cover. 2. The vegetated filter has been modified to provide a thin sheet flow across the width of the filter with a less than 2 foot per second velocity from the 10-year storm event. Calculations are enclosed. 3. The detail has been modified to show how flow is diverted. There is a six-inch step that acts as a barrier until the water level reaches 22.0. The elevations have been corrected. We are. enclosing two (2) sets of revised plans and one (1) set of calculations for your continued review and approval. Please contact us if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. J. illip Norris, P.E. JPNlasn 04204 04-05-05-s-sw response-Itr cc: Dick Hurst 1 Saieed Construction MUEN. WED 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 04204 Bella Sera Erosion Control Type 11124-hr 10 Yr Rainfall=7.00" Prepared by Norris, Kuske, & Tunstail Consulting Engineers, Inc. Page 9 H droCADO 7.01 sln 000479 © 1986-2004 Applied Microcomputer Systems 1/29/2005 11:07:09 AM Reach R8: SWALE #8 Inflow Area = 2.810 ac, Inflow Depth = 3.08" for 10 Yr event Inflow = 5.47 cfs @ 12.47 hrs, Volume= 0.720 of Outflow = 5.47 cfs @ 12.49 hrs, Volume= 0.720 af, Atten= 0%, Lag= 1.4 min Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 Max. Velocity= 2.5 fps, Min. Travel Time= 1.3 min Avg. Velocity = 1.2 fps, Avg. Travel Time= 2.6 min Peak Depth= 0.71' @ 12.49 hrs Capacity at bank full= 12.00 cfs Inlet Invert= 24.20', Outlet Invert= 23.20' 1.00' x 1.00' deep channel, n= 0.024 Side Slope Z-value= 3.0 7' hrs Length= 190.0' Slope= 0.0053 T Reach R9: SWALE #9 Inflow Area = 1.680 ac, Inflow Depth = 3:08" for 10 Yr event Inflow = 3.27 cfs @ 12.47 hrs, Volume= 0.431 of Outflow = 3.25 cfs. @ 12.51 hrs, Volume= 0.430 af, VC Atten= 1 %, Lag= 2.2 min Routing by Dyn-Star-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Max. Velocity= 2.0 fps, Min. Travel Time= 2.6 min Avg. Velocity = 1.0 fps, Avg. Travel Time= 5.4 min Peak Depth= 0.59' @ 12.51 hrs Capacity at bank full= 10.72 cfs Inlet Invert= 23.90', Outlet Invert= 22.60' 1.00' x 1.00' deep channel, n= 0.024 Length= 310.0' Slope= 0.00427 Side Slope Z-value= 3.0'1' Pond P1: DETENTION POND Inflow Area = 20.250 ac, Inflow Depth = 2.57" for 10 Yr e Inflow = 32.21 cfs @ 12.49 hrs, Volume= 4.332 of Outflow = 3.63 cfs @ 15.27 hrs, Volume= 2.553 af, Atten= 89%, Lag= 166.6 min Primary = 3.63 cfs @ 15.27 hrs, Volume= 2.553 of Routing by Dyn-Stor-Ind method, Time Span= 10.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 22.75' @ 15.27 hrs Surf.Area= 47,674 sf Storage= 106,019 cf Plug -Flow detention time= 300.8 min calculated for 2.551 of (59% of inflow) Center -of -Mass det. time= 187.4 min ( 1,057.1 - 869.8 ) # Invert Avail.Stora a Storage Descri tion 1 20.50' 166,075 cf Custom Stage Data (Prismatic].isted below Vegetated Swale Filter Worksheet for Trapezoidal Channel Project Description Project File _ f:lhaestadlfmwlbella se.fm2 Worksheet Vegetated Filter Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data _ �Mannings Coefficient 0.030 Channel Slope 0.001900 ft/ft Left Side Slope 5.000000 H : V Right Side Slope 5.000000 H : V Bottom Width 20.00 ft Discharge 3.63 cfs Results Depth 0.22 ft Flow Area 4.73 ftz Wetted Perimeter 22.28 ft Top Width 2224 ft Critical Depth 0.10 ft Critical Slope 0.028519 ft/ft Velocity 0.77 ft/s Velocity Head 0.01 ft Specific Energy 0.23 ft Froude Number 0.29 Flow is subcritical. RO • r • 1196 • cs: I L L 1 P as r�if r1arf 1a Na 04/05/05 FlowMaster v5.13 09:13:09 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 BELLASERA @ VINEYARD PLANTATION PROPOSED STORMWATER RESTRICTIONS/COVENANTS March 17, 2005 Storm Water Regulation. The following covenants are intended to ensure ongoing compliance with State Storm water Management Permit Number SW8050308, as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storm water management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. T he c ovenants p ertaining t o s torm w ater m ay n of b e a ltered o r rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. (a) No more than 4,002 total square feet on all the Lots and Common Areas shall be covered by structures or impervious materials. This allocated amount includes any built -upon area constructed within the lot boundary property boundaries, and that portion of the right-of- way between the front lot line and the edge of the payment. Built upon area includes structures, asphalt, gravel, concrete, brick, stone, slate or similar materials but does not include wood decking or the water surface of any swimming pools. The 4,002 total square feet of impervious area shall be allocated to the lots and common areas as indicated on the site plan attached hereto and incorporated herein by reference. The impervious allocations indicated on the site plan to each lot may be reallocated by the owners of such lots to another lot or to the pool common area by (A) a written document signed by such owner(s) and a recorded in the New Hanover County Registry, and (B) approval by the State Division of Water Quality under the Permit referenced above. (b) Filling in or piping in any ditches or swales associated with the development, except for average driveway crossings, is strictly prohibited by any persons. (c) Built -upon area in excess of the permitted amount requires a State Storm water Management permit modification prior to construction; (d) All permitted runoff from future development shall be directed into the permitted storm water control system. These connections to the storm water control system shall be performed in a manner that maintains the integrity and performance of the system, as permitted; and (e) All down spouts from cave gutters shall be directed to retain water on the Lot and not directed to streets or adjacent properties. Re: Bella Serra @ Futch Creek (NKT #04204) :.O . Subject: Re: Bella Serra a Futch Creek (NKT 404204) From: Linda Lewis <linda.lewis a ncmail.net> Date: Wed, 30 Mar 2005 10:57:13 -0500 To: "Amy Norris 1 Norris, Kuske & Tunstall Engineers" <anorris@nkteng.com> Amy: I sent you a return email on the 18th, but it appears to have gone to your old email address. I will attempt to forward it to your correct address. If I don't have a copy of that email to forward, I'll fax you my hardcopy. Linda Amy Norris / Norris, Kuske & Tunstall Engineers wrote: Linda, We are just trying to check on the status of our State Stormwater Express Permit SW8 050308. We completed addressing your comments on March 18, 2005 and delivered the required information pertaining to Mr. Saieed with the LLC to you. Please advise and thank you for your time and assistance. Amy Amy S. Norris for Phil Norris, P.E. Norris, Kuske & Tunstall Consulting Engineers, Inc. 902 Market Street Wilmington, NC 28401 910.343.9653 910.343.9604 (Fax) 1 of 1 3/30/2005 1 1:00 AM [Fwd: Bella Serra @Futch Creek] Subject: [Fwd: Bella Serra @Fetch Creek] From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 30 Mar 2005 10:59:29 -0500 To: Amy Norris <anorris@nkteng.com> Amy: Here is the original email. Sorry about the mixup. Linda Subject: Bella Serra @Fetch Creek From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 18 Mar 2005 11:19:1 G -0500 To: Amy Norris <anorris@andrewandkuske.com> Amy/Phil: I received a fax this morning containing the deed restrictions, which reference a subdivision spelled Bellasera @Vineyard Plantation. The name on the permit application is Bella Serra @Futch Creek. Additionally, the restrictions are not in legal format. Please revise either the application or the restrictions so that the name of the project matches on each document, and either have Mr. Saieed sign and date the unformatted restrictions, or provide a copy of the full proposed restrictive covenants in legal format. The vegetated filter you have provided appears to be just a connecting ditch from the pond to the outlet under Futch Creek Road. Please design an appropriate filter which will spread the flow out, not channelize it. The plan view of the outlet structure and the calculations indicate that the overflow weir elevation is 22, not 21.5. Please revise the Section B-B detail. The new detail only adds to my confusion about how this outlet structure (actually a bypass structure) will function. Runoff enters from the swales at invert 22, and is supposed to turn left and drain into the infiltration pond first, up to elevation 22. You need some kind of wall or barrier across the swale with an elevation of 22. What kind of barrier is proposed to keep the runoff from turning right and entering the detention basin? In order to understand where and how it works, please add an additional detail which runs parallel with and through the swale that drains into the detention pond, detailing the barrier at elevation 22. Thanks, Linda f Content -Type: message/rfc822 il Bella Serra @Futch Creeks - - I _-nt Content -Encoding: --------- of 1 3/30/2005 11:00 AM Bella Serra @Futch Creek Subject: Bella Serra @Futch Creek From: Linda Lewis <lindalewis@ncmail.net> Date: Fri, 18 Mar 2005 11:19:16 -0500 To: Amy Norris <anorris@andrewandkuske.com> Amy/Phil: I received a fax this morning containing the deed restrictions, which reference a subdivision spelled Bellasera @Vineyard Plantation. The name on the permit application is Bella Serra @Futch Creek. Additionally, the restrictions are not in legal format. Please revise either the application or the restrictions so that the name of the project matches on each document, and either have Mr. Saieed sign and date the unformatted restrictions, or provide a copy of the full proposed restrictive covenants in legal format. The vegetated filter you have provided appears to be just a connecting ditch from the pond to the outlet under Futch Creek Road. Please design an appropriate filter which will spread the flow out, not channelize it. The plan view of the outlet structure and the calculations indicate that the overflow weir elevation is 22, not 21.5. Please revise the Section B-B detail. The new detail only adds to my confusion about how this outlet structure (actually a bypass structure) will function. Runoff enters from the swales at invert 22, and is supposed to turn left and drain into the infiltration pond first, up to elevation 22. You need some kind of wall or barrier across the swale with an elevation of 22. What kind of barrier is proposed to keep the runoff from turning right and entering the detention basin? In order to understand where and how it works, please add an additional detail which runs parallel with and through the Swale that drains into the detention pond, detailing the barrier at elevation 22. Thanks, Linda of 1 3/18/2005 1 1:19 AM NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E. Kent P. Harrell, P.E. John A. Kuske, III, P.E. CONSULTING ENGINEERS, INC. JamesT. Pyrtle, P.E. J.A. Kuske, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 E-Mail: office@nkteng.com LETTER OF TRANSMITTAL To: Linda Lewis Date: March 18, 2005 11 Job No. 04204 NC DENR subject: Bella Serra @ Futch Creek New Hanover County SW8 050308 WE ARE SENDING YOU VIA FAX HAND DELIVER ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRA N S M ITTAL: ,NUMBER OF - PAGES INCLUDING THIS=TRANSNlITTAL .=4 - Call -910=343 9653 'if yoU have any difficulty receiving, this message COPIES DATE NO. DESCRIPTION 1 10-29-04 Written Consent of the Managers of White Partners, LLC 1 03-17-05 Proposed Stormwater Restrictions 1 Covenants ® ❑ AS REQUESTED FOR YOUR USE ® FOR REVIEW AND APPROVAL ❑ FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: These documents reference Items #1 and #11 per your comment letter dated March 15, 2005 and our response letter to you dated March 16, 2005. If you need any additional information, please let us know. Thank you. cc: Steve Saieed 1 Saieed Construction SIGNED J. Phillip Norris, P.E., 1 asn (Transmittal Only) CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and nfide- iat-�tendedgforitie sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee u�are �hereby�notified that1any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in rror please immediately notiy the sender and return to the address above. MAR ] 8 2005 II L�--A NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. March 16, 2005 Ms. Linda Lewis NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Bella Serra at Futch Creek SW8 050308 New Hanover County Additional Information NKT Project No. 04204 Dear Ms. Lewis: �CEI�TE� LBY: AR 1 7 Z005 J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. of Counsel We received your comment letter of March 15, 2005 regarding the subject project on March 15, 2005. We are responding to your comments as follows: 1. The Owner is obtaining documentation regarding his status as a member / manager which he will forward directly to you. 2. A 50 foot vegetated swale and details have been added to the plans. 3. A dimensional typical building footprint has been added to the plans. 4. Dimensions for the clubhouse parking lot and driveways have been added. 5. The pond across Futch Creek Road is an existing pond. It is not a state stormwater pond, but is used for New Hanover County stormwater requirements. It has been sized to accept the flow from this project. 6. Information concerning the pavement width and drainage of the access easement between lots 23 and 24 has been added to the plans. 7. The vicinity map has been corrected. 8. A section view of outlet structures 2 and 3 through the weir has been added to the plans. 9. The inverts have been added as requested. 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 Ms. Linda Lewis 1 NC DENR March 16, 2005 Page 2 10. We are aware of the standing water in the stilling basins. 11. The lots will be sold. Deed restrictions will be sent to you by the Owner under separate cover. We are enclosing two (2) sets of revised plans for your continued review and approval. Please contact us if you have any questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL MKIAI11 TINT; FNr.INFFRS Mr - U4ZU4 UJ-1 b-uo-s-SW response-nr cc: Dick Hurst / Saieed Construction P. i t COMMUNICATION RESULT REPORT ( MAR.15.2005 —FILE MODE — ----------OPTION--- s ADDRESS (GROUP) — -----------#----- 639 MEMORY TX s 9-3439604—'—`---------- a REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER 5:43PM ) TTI RESULT ----- OK NCDENR WIRO PAGE ---------- P. 3/3 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wiltfiington Regional Office i Michael F. Easley, Governor 'William G. Ross Jr,, Secretary C q 1 FAX COVER SHEET L}C ESS P6Vl 6A1 c-o MM TS SW9 0 30;? Date: No. Of Pages; 3 To: (phi l Iri sm`S� From; L�'nd� r CO: Nr'T CO: FAX #: 343— 9&o 4 FAX#: 910-350-20% REMARKS: 177 Cardinal Drive Extension, Wilmington, N.C. 20405�3945 Telephone (910) 395-3900 Fax (910) 350-1004 An Equal Opportunity AClirmative Action tmployer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET LAMS Peek+/ 60MPEINT5 Sw9 o�03d, Date: To: 'Ph; (K r-ri s A2 ,j Kb r S CO: tiJ ICT —%�j FAX #: 34 5- 9(o04 REMARKS: No. Of Pages: 3 From: L 't9do L&�T CO: FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fox (910) 350-2004 An Equal Opportunity Affirmative Action Employer o f W ArF9 Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 15, 2005 Mr. Steve Saieed White Partners, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 Subject: Request for Additional Information Stormwater Project No. SW8 050308 Bella Serra at Futch Creek New Hanover County Dear Mr. Saieed: The Wilmington Regional Office received a Stormwater Management Permit Application for Bella Serra at Futch Creek on March 11, 2005, with a scheduled Express Review date of March 15, 2005, A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide documentation of your status as a member/manager of this LLC. Neither the Articles of Incorporation nor the latest annual report on file with the Secretary of State include you as a member or a manager. 2. Please provide an on -site 50' vegetated filter after the pond discharge, and add a detail to the plans. The pond does not take the place of the required filter. 3. Please add a dimensioned typical building footprint detail to the plans. 4. Please provide dimensions for the clubhouse parking lot and the driveways. 5. The detention pond appears to be discharging into another proposed or existing pond across Futch Creek Road. Has that pond been previously permitted? If it has, is it sized to accept the additional runoff? 6. Please provide information regarding the pavement width and drainage flow direction for the access easement between Lots 23 & 24. 7. Please add the nearest intersection of two major roads to the vicinity map. A major road is any 1, 2 or 3 digit NC, US or interstate highway. 8. Please add a section view of outlet structures 2 & 3 going through the weir. Please specify the material that the weir will be constructed from, and make it something that is more stable than piled up rock and which is easy to set at the correct overflow elevation. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer 5ervicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet h2o enr.state nc us one NorthCarolina An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Naluta l y Mr. Saieed March 15, 2005 Stor_mwater Application No. SW8 050308 9. Please add the inverts of the channels on the outlet structure 2 & 3 detail at the point where they enter the proposed ponds. 10. The water in the stilling basins will not be drawing down. I just want to make sure that you are aware of this before I start getting calls from the residents complaining about the standing water. 11. Will these lots be sold or leased? If they will be sold, please provide a copy of the proposed deed restrictions, limiting the built -upon area per lot, per the enclosed document. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to March 22, 2005, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail, email, or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer linda.lewis@ncmail.net ENBlarl: S:IWQSISTORMWATERIADDINFO120051050308.mar05 CC' Phil Norris, P.E., Norris, Kuske & Tunstall Linda Lewis Page 2of2 NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. March 11, 2005 Mr. Cameron Weaver, Express Review Coordinator NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Express Permit Submittal Bella Serra at Futch Creek New Hanover County, NC NKT Project No. 04204 Dear Mr. Weaver: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. .A. Kuske, P.E. of Counsel Enclosed are two (2) sets of plans for the subject project, one (1) set of calculations, the original Division of Water Quality Stormwater Management Permit application, the original SWU-103 supplement form, one (1) copy of the stormwater narrative and a $4,000.00 check for the express permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE, & TUNSTALL CONSULTING ENGINEERS, INC. J. illip Norris, P.E. JPNlasn 04204 03-11-05-s-sw express-Itr Enclosures cc: Linda Lewis 1 NC DENR Steve Saieed 1 White Partners, LLC RECEI v ED M�R 1 ? M5 s� a�s63a g 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910,343,9653 • Fax: 910.343.9604 Page I of 1 North Carolina Elaine F. Marshall EPART'MENT OFT'HE . Secretary SECRETARY OF STATE Corporations *Corporations Home •Important Notice •Corporate Forms/Fees *Corporations FAQ •Tobacco Manufacturers •Dissolution Reports °Non -Profit Reports •Verify Certification *Online Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation •1999 Senate Bills •2001 Bill Summaries •Annual Reports 1997 •Corporations 1997 *Other Legislation Search *By Corporate Name •For New Corporation *By Registered Agent Online Orders *Start An Order •New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 3/15/2005 Click here to: View Document Filings I 11 Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC White Partners LLC Legal Limited Liability Company Information SOSID: FID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address Principal Mailing Address: 0722447 20-1156066 Current -Active 4/23/2004 Domestic NC Perpetual Gregorio, Jeffrey T. 3301 Benson Drive Suite 535 Raleigh NC 27609 P.O. Box 17566 Raleigh NC 27619 3301 Benson Drive, Suite 535 Raleigh NC 27609 P.O. Box 17566 Raleigh NC 27619 For questions or comments about the North Carolina Secretary of State's web Site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pltemld=6460972 3/15/2005 SOSID: 722447 Date Filed. 4/23/2004 10:41:00 AM Elaine E. Marshall North Carolina Secretary of State C200411300136 ARTICLES OF ORGANIZATION OF WHITE PARTNERS LLC Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is White Partners LLC. 2. The name and address of each person executing these Articles of Organization is as follows: Elizabeth W. Voltz, Organizer Kilpatrick Stockton LLP 3737 Glenwood Avenue, Suite 400 Raleigh, North Carolina 27612 3. The street address, which is also the mailing address, and county of the initial registered office of the limited liability company is 3737 Glenwood Avenue, Suite 400, Raleigh, Wake County, North Carolina 27612. 4. The name of the initial registered agent is Elizabeth W. Voltz. 5. The limited liability company has a principal office. The street address, which is also the mailing address, and county of the principal office of the limited liability company is 3301 Benson Drive, Suite 501, Raleigh, Wake County, North Carolina 27609. 6. Except as provided by N.C.G.S. §57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 7. These Articles will be effective upon filing. This the 2 1 " day of April, 2004. 1 Eliz beth W. Voltz,Organizer RAI.I.IBUI 72t.02 I 'A �:01/34/2,0053401 11:50 FAX 910 343 9604 Farris, Kuske, , Tunstall D5 D3 Q R . 001/004 NCDEHR North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910)395-3900 FAX (910)350-2004 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX to Cameron Weaver along with a narrative and vicinity map of th prvj location. nnProjects }must be submitted by 9:00 A.l4t an the review date, unless arrangements are de. DATE L APPLICANT Name v e. Company Address 1 City WOrn zip Is ounty Phone F Email PROJECT Name _ 1 a cy-f0. a �1 . Q. IC ❑ STREAM ORIGINATION CERTIFICATION STORMWATER ❑ Low Density ❑ Low Density -Curb & G (DThe Soils SGentist must O)The Designer's Certilica -Utention Pond ❑ Off sitc ,IAfiltration0 the soils prior to submittal. restrictions must be submitted. ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Manna Development ❑ Urban Waterfront ❑ LAND. QUAU.TY ❑ Erosion and.Sedimentation.Control.,Plan' , WETLANDS (401 ❑ No Wetlands on Site. (letter from COE) ❑ Wetlands Delineated/No JD ❑ Greater than 0.1 AC:Wetlands Impacted ❑ Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑ Greater than 0.5 AC Wetlands Impacted The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee. Split for multiple.permits.: SW $ CAMA $ LOS $ 401 $ Tdtal r=eei Amount $ C,r Jlc 7f . QU31/2M 40N 11:50 FAX 910 313 9604 Norris, Kushe, Tunstall z 0021004 STORMWATER SYSTEM NARRATIVE BELLA SERA, SUBDIVISION , NEW HANOVER COUNTY For White Partners, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 (910) 509-1696 a ire, SF 47% 10912 J January.3, 2005 — ---------------- Prepared by- NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. "902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 — (Fax) NKT Protect' NO. 04204 01/11/205 MON 11:50 FAX 910 343 9604 Norris, Kuske, -Tunstafl Z003/004 NARRATIVE DESCRIPTION: The site is an 21.5-acre tract adjacent to Vineyard Plantation Subdivision on Futch Creek Road (SR 1400) 2800 feet east of the, intersection�with Market Street (US Hwy 17). The project is bound by residential and vacant uses 'The site is primarily cleared for agricultural use, with some lightly vegetated areas. The site is gently rolling sandy soils with no defined drainage patterns. Soils are Kenansville sands, HSG A. There are no wetlands on the site. The project is new development consisting of clearing, grading, and construction of access roads, 47 single-family attached duplex lots, stormwater management system and utilities. Design impervious for the entire site is computed at 31 %. Approximately 22 acres will be disturbed by the construction work. Water supply and sewer collections system --will. be - perated • by New-HanGve permits. Stormwater management permits will be required from New Hanover County and the state. STORMWATER MANAGEMENT MEASURES:' The site is proposed as high density, with a maximum impervious surface of 31 %. Runoff from lots will flow to the street system, where it will be collected and discharged to five grassed (sod) swales. The swales will discharge to Infiltration Pond #2, sized to store and infiltrate the runoff from a 1.5-inch rain event. Runoff in excess of storage capacity will be diverted upstream of Infiltration Pond #2 to Storage Pond #1. Discharge from Pond #1 will be controlled to preconstruction runoff levels. There is no direct discharge from impervious surfaces to a watercourse. All runoff from the site will be filtered through grassed swales prior to entering either pond. The grading contractor -and developer � will provide maintenance during construction. The property owners association will provide maintenance after completion. 0,1/31/2.00� MON 11:50 FAX 910 343 9604 Norris, Kuske, Tunstall r� SITE] VICINITY MAF 4004/004 01 /31/2DOa MON 11, 60 FAX 910 343 9604 Norris, Kuske, ,.Tuhs'Wl°: 2001/004 IEEP - LLO WDENR 0500Y North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910)39r3900 FAX (910)350-2004 Request for, Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX to Cameron Weaver along with a narrative and vicinity ma A of the project location. Projects must be submitted by 9:00 A.M. on the review date, unless prior. arrangements are made. DATE APPLICANT PROJECT MRS. MW I MOO ❑ STREAM ORIGINATION CERTIFICATION STORMWATER ❑ Low Density � � Igh Density -Detention Pond ❑ Off siteU2 ❑ Low Density -Curb Gutter High Density -Infiltration tD (DThe Soils Scientist must visit the site to confirm the soils prior to submittal. O)The Designer's Certification and recorded deed restrictions must be submitted. ❑ COASTAL ❑ Excavation & Fill s ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ LAND 0"UTY ❑ Erosion and. Sedimerltation.ConW..Plan`,i ' ❑ WETLANDS (401 ❑trio Wetlands on Site; (letter from COE)', ❑.Wetlands Delineated/No JD ❑ Greater than 0.1 AC.Weflands`Impacted , ❑ Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted " [] Greater than 0.5 AC Wetlands Impacted The legislation allows additional fees, not to exceed sOgS of the originai 6press Review permit application fee, to be charged for subsequent reviews due to the insuf llciericy of the peirmlt applications. SUBMITTAL DATES: SW 3 CAMA LQS 401 For DENR use only Fee Split for multiple.permits.: Tatal,l=e n ` o unt, e Amo 71 0- Jr, 7t, f 01/31/2'005 MOT 11:50 FAX 910 343 9604 Norris. Kuske, T6sta•11 Z 002/004 M STORMWATER SYSTEM NARRATIVE BELLA SERk.SUBDIVISION ' NEW HANOVER COUNTY For White Partners, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 (910) 509-1696 . M1, J CA`R c� 4 I0912 /+ e •/�� �eeV i �� � 1a Cvc •eeAic( ,` o Iffy �YYYlt`�L�.�4` � 6;aF fit,"t,�*a,•.�,,�t`'m{� "��l;;,s•9:. �. January.3 ,2005i Prepared by: NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. ''902 Market Street Wilmington, North Carolina 28401 (910) 343-9653,5 (9.10) 343-9604 (Fax) a } s fEc M, NKT Projec .; NO :".Q.a20.4 . a s1 01/31/2005 MON 11:50 FAX 910 343 9604 Norris, Kuske;l°Tista-lt',, 003/004 NARRATIVE DESCRIPTION: , The site is an 21.5-acre tract adjacent to Vineyard:. Plantation Subdivision on Futch Creek Road (SR 1400) 2800 feet east of the intersection with Market Street (US Hwy 17). The project is bound by residential and vacant usesTE1E site is primarily cleared for agricultural use, with some lightly vegetated: areas: -The site is gently rolling sandy soils with no defined drainage patterns:, Soils are Kenansville sands, HSG A. There are no wetlands on the site. The project is new development consisting of clearing, grading, and construction of access roads, 47 single-family attached duplex lots, stormwater management system and utilities. Design impervious for the entire site is computed at 31 %. Approximately 22 acres will be disturbed by the construction work. Water supply and sewer collections -system-will, be perated'by New -Hanover Coup y and Mi! ira State permits. Stormwater management permits will be repuired from New Hanover County and the state. ; STORMWATER MANAGEMENT MEASURES' 1 i The site is proposed as high density; with a maximum impervious surface of 31 %. Runoff from lots will flow to the street system, where`it will be collected and discharged to five grassed (sod) swales. The swales will discharge to Infiltration Pond #2, sized to store and infiltrate the runoff from a 1.5-inch rain event. Runoff in excess of storage capacity will be diverted upstream of Infiltration Pond #2 to Storage Pond #1. Discharge from Pond #1 will be controlled to preconstruction runoff levels. There is no direct discharge from impervious surfaces to a watercourse. All runoff from the site will be filtered through grassed swales prior to entering either pond. The grading contractor '.and developer will" provide maintenance during construction_ The property owners association will provide,maintenance after completion. 1 i1! :'' 1. i'(', • i', {:' f Al 01/31/2005 MON 11:50 FAX 910 343 9604 i orris. Kuske' ihstall !: 3 . , r .�ahTf, SITE VIGINI , u • I- rA -} rit t TY MAP 2004/004 r�=03/08/2005 TUIE 8:35 FAX 910 343 9604 Norris, Kuske, Tunstall 2001/00l NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. Memorandum Date: March 7, 2005 To: Vincent Lewis / NC DENR' Cameron Weaver / NC DENR Stormwater Express Permitting From: Phil Norris, P.E. �� Qu� Re: Bella Serra at Futch reek New Hanover County NKT Project No. 04204 J. Phillip Norris, P.E. John A_ Kuske, III, P.E. John S. Tunstall, P.E. JA Kuske, P.E. of Counsel In reference to your visit with me at the subject site on February 21, 2005, it was our understanding that the site was acceptable contingent upon the removal of the clay layer under the infiltration area. The removed clay will be replaced with a free draining sand. Please call Amy Norris at 343-9653 to schedule a State Stormwater Express review date for this project. Thank you. JPN/asn 04204 0347-05-sw express & site vlslt-n 902 Market Street • Wilmington. NC 28401-4733 0 Phone: 910.343.9653 • Fax: 910.343.9604 State Stormwater Management Systems Permit No. SW8 050308 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Thomas A. Saieed & White Partners, LLC Bella Serra at Vineyard Plantation Futch Creek Road, New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H A000 (hereafter referred to as the "stormwater rules'} and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until April 28, 2005, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 292,900 square feet of impervious area. This basin must be operated with a 50' vegetated filter. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 050308 101 The following design criteria have been provided in the infiltration basin and must be maintained at design condition: a. Drainage Area, acres: 21.47 Onsite, ft2: 935,400 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 292,900 C. Design Storm, inches: 1.5" d Basin Depth, feet: 3.0 e. Bottom Elevation, FMSL: 19.0 f. Bottom Surface Area, ft2: 11,800 g. Bypass Weir Elevation, FMSL: 22.0 h. Permitted Storage Volume, ft3: 50,200 i. Type of Soil: Ke j. Expected Infiltration Rate, in/hr: 1.4 k. Seasonal High Water Table, FMSL: 15.0 I. Time to Draw Down, hours: 36 m. Receiving Stream/River Basin: Futch Creek I Cape Fear n. Stream Index Number: CPF24 18-87-19 o. Classification of Water Body: "SA" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 050308 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 050308 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 28th day of April 2005. NORTH-.GAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 AOL }. .� =F: LIMITED LIABILITY COMPANY ANNUAL REPORT NAME: OF LIMITED LIABII,11'Y COMPANY: IL110e Partners LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NLJMRKR: 0722447 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: Gregorio, Jejjj-ey T. REGISTERED OFFICE MAILING ADDRESS: 11.0. Box 17566 Raleigh. NC 27619 SOSID: 0722447 Date Filed: 3/10/2005 2:36 PM Elaine F. Marshall North Carolina Secretary of State FEDERAL EMPLOYER ID NUMBER: 20-1158066 REGISTERED OFFICE STREET ADDRESS: 3301 Benson Drive Suite 535 Raleigh, NC 27609 County: Wake SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TF.LEPI-IONE NUMBER: 919-863.1000 PRINCIPAL, OFFICE: MAILING ADDRESS: P.O. Box 17566 Raleigh, NC 27619 PRINCIPAL OFFICE STRE ET ADDRESS: 3301 Benson Drive, Sidle 535 Raleigh, NC 27609 MAN AGER S/MEMBER S/ORGANIZERS 77romas A S'aieed Jr. Title: Manager 3301 Benson Drive Suite 535 Raleigh, NC 27609 Lonnie C. Poole Jr. Title: Manager 3301 Benson Drive Suite 601 Raleigh, NC. 27609 C0NSIjrNT,T4TIIE APPOINTMENT CERTIFICATION JAL RJPOR�_ A#FJS'r I3 OMYLETED E3Y AI,L LIMITE!] I,IAT3ILI"['Y COMPANIES DORM MU6't4 BE ilONEI) BY A MANAGL'R/MEMBER DATE Thomas A. Saieed, .Tr. Manager/Member TYPE OR PRINT NA %1E TYPE OR PRINT Tam.: ANNUAL. REPORT FEE: $200.00 MiUL TO: Secretary of State • Corporations Division • Post Office Bnx 29525 • Raleigh, NC 27626.0525 1;■;93/18/2005 FRI 9 ; 20 FAX 910 343 9604 Norris, Kuske, Tunstall 001/004 'O 1 rNORR1S, KUSKE & TUNSTALL John S. Tunstali, P.E. J. Phillip Norris, P.E. Kent P. Harrell, P.E. John A. Kuske, III, P.E. CONSULTING ENGINEERS, _NC. James,T. Pyrtle, P.E. J.A. Kuske, P.E. 902 Market Suet • Wimington, NC28401-4733 • Phone (910) 343-9653 a Fax (910) 343-9604 E Mail: of ice@nkteng.com , LETTER OF TRANSMITTAL To: Linda Lewis Date: March 18, 2005 Job No. 04204 NC DENR ' suujed: Bella Serra @ Futch Creek New Hanover County SWS 050308 WE ARE SENDING YOU VIA FAX & HAND DELIVER ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑PRINTS ❑ TRACINGS ❑ SPECIFICATIONS DISKS ❑ COPY OF LETTER i ❑ FA C .TRANSMITTAL:: NUMBER OF PAGES. INCLUDING THIS TRANSMITTAL 4 ^' .Ca11 910�343-96.53 1 yvu have ahy dlificulfy receiving .ails message: COPIES DATE NO. ' DESCRIPTION 1 10-29-04 Written Consent of the Massagers of White Partners, LLC 1 03-17-05 Proposed Storrn*ater Restrictions 1 Covenants ® AS REQUESTED ❑ FOR YOUR USE ® FOR REVIEW AND APPROVAL ❑ FOR APPROVAL ❑ FOR'SIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: These documents reference Items #1 and #11 per your comment letter dated March 15, 2005 and our response letter to you dated March 16, 2045_ If you need' any additional information, please let us know. Thank you. cc: Steve Saieed / Saieed Construction SIGNED J. ' Phillip Norris, P.E., 1 asn (Transmittal Only) CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential. Intended for the sole use of the addressee. if you are not the addressee or the person respcnsibte for delivering it to the addressee you are hereby notified that any dissemination, dlctributlon or copying of this document is strictly prohlbited If you have received this document in error please immediately notify the sender and return to the address above. .03/18/2003" FRI 9:20 FAX 910 343 9604 Korris, hske, lunstall i 2002/004 WRITTEN CONSENT OF THE MANAGERS OF WRITE PARTNERS LLC The undersigned, being the all of the Managers of White Partners LLC, a North Carolina limited liability company (the "Company"), do hereby adopt the following resolutions by written consent, which action by written consent is taken in lieu of holding a special meeting of the Managers of the Company: STORMWATER ISSUES RELATIVE TO DEVELOPMENT OF PROPERTY WHEREAS, the Company owns certain real property located along Futch Creek Road, Wilmington, New Hanover County, North Carolina (the "Property"); and WHEREAS, the Managers of the Company will have to execute certain applications for stormwater permits and other documents with the North Carolina Department of Water Quality from time to time in order to effect the development of the Property; and WHEREAS, either one of the Managers of the Company may be unavailable at the times and dates certain documents relative to',the stornrnwater on the Property must be executed; and WHEREAS, the Managers of. the Company 'desire to authorize Stephen D. Saieed ("Saieed") to execute any and all doeur cents such as stormwater management permit applications or other applications with the North �_'arolina Department of Water Quality on behalf of the Company if either Manager is not available on the date such documents must be executed; and WHEREAS, the Managers deem it to be in the best interest of the Company to ratify the aforementioned transactions. NOW, THEREFORE, IT IS HEREBY: RESOLVED, that either Manager or Saieed be, and hereby are, authorized and directed to execute and deliver on behalf of the Company such documents, certificates, instruments and agruements with the North Carolina L,epartment of Water Quality, and to take such actions as they deem necessary or appropriate in connection with the stonnwater on the Property, and RESOLVED FURTHER, that either Manager or Saieed be; and hereby are, authorized and directed to take such further action by and -on behalf of the Company as they shall deers necessary or appropriate to further the purposes of fhe foregoing resolutions; and RESOLVED FURTHER, that .'any actions of the Member, Managers or Saiecd taken prior to the date hereof, which would be authorized by the foregoing resolutions if taken after the date hereof, be and hereby are, ratified, adopted and approved as of the date such actions were taken; and 03/1842005" FRI 9:20 FAX 910 343 9604 Dorris, Kuske, Tunstall Z003/004 RESOLVED FURTHER, that the signature: appearing below is the signature of Saieed, who, in addition to the Managers, is authorized to act on behalf of the Company in the matters set forth above_ Stephen D_ Saieed "These actions and resolutiorss are effective as of the 29`1' day of October, 2004_ 1 (SEAL) Thomas A: Saieed, Jr., Manager .s (SEAL) nnie C. Poole, III, Manager ` r Manager Consent — White Partners 2 403/1.8/,2005 FRI 9:20 FrA1 910 343 9604 Norris, Kuske, Tunstall 2004/004 BELLASERA @ VTNEYARD PLANTATION PROPOSED STORMiWATER RESTRICTIONS/COVENANTS March 17, 2005 Storm Water Regulation_ The following covenants are intended to ensure ongoing compliance with State Storm water Management Permit Number SW8050308, as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a b eneficiary o f these covenants to the extent necessary to maintain compliance with the storm water management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. T he covenants p ertaining t o s Corm w ater m ay n of b e a IteTed o r rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. (a) No more than 4,002 total square feet on all the Lots and Common Areas shall be covered by structures or impervious materials. This allocated amount includes any built -upon area constructed within the lot boundary property boundaries, and that portion of the right-of- way between the front Iot line and the edge of the payment. Built upon area includes structures, asphalt, gravel, concrete, brick, store, slate or similar materials but does not include wood decking or the water surface of any swimming pools. The 4,002 total square feet of impervious area shall be allocated to the lots andcommon areas as indicated on the site plan attached hereto and incorporated herein by reference. The impervious allocations indicated on the site plan to each lot may be reallocated by the owners of such lots to another lot or to the pool common area by (A) a written document signed by4sueh owner(s) and a recorded in the New Hanover County Registry, and (B) approval by the State Division of Water Quality under the Permit referenced above. (b) Filling in or piping in any ditches or swales associated with the development, except for average driveway crossings;, is strictly prohibited by any persons. (c) Built -upon area in excess of the permitted amount requires a State Storm water Management permit modification prioi to construction; (d) All permitted runoff from future development shall be directed into the permitted storm water control system. These connections to the storm water control system shall be performed in a manner that maintains the integrity and performance of the system, as permitted; and (c) All down spouts from eave gutters shall be directed to retain water on the Lot and not directed to streets or adjacent properties. STORMWATER SYSTEM NARRATIVE BELLA SERRA AT FUTCH CREEK NEW HANOVER COUNTY For White Partners, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 (910) 509-1696 '`��1611tEI���v� CCAROJ ' P, �,,,'�O� �6• SVI •"e,/lk J 9 " SEAL 10972 INAGI c 1A E , r�y,��3��� �as ♦3 i yP' January 2005 Prepared hy- NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 — (Fax) NKT Project No. 04204 NARRATIVE DESCRIPTION: The site is an 21.5-acre tract adjacent to Vineyard Plantation Subdivision on Futch Creek Road (SR 1400) 2800 feet east of the intersection with Market Street (US Hwy 17). The project is bound by residential and vacant uses. The site is primarily cleared for agricultural use, with some lightly vegetated areas. The site is gently rolling sandy soils with no defined drainage patterns. Soils are Kenansville sands, HSG A. There are no wetlands on the site. The project is new development consisting of clearing, grading, and construction of access roads, 47 single-family attached duplex lots, stormwater management system and utilities. Design impervious for the entire site is computed at 31 %. Approximately 22 acres will be disturbed by the construction work. Water supply and sewer collections system will be dedicated to and operated by New Hanover County and will require state permits. Stormwater management permits will be required from New Hanover County and the state. STORMWATER MANAGEMENT MEASURES: The site is proposed as high density, with a maximum impervious surface of 31 %. Runoff from lots will flow to the street system, where it will be collected and discharged to five grassed (sod) swales. The swales will discharge to Infiltration Pond #2, sized to store and infiltrate the runoff from a 1.5-inch rain event. Runoff in excess of storage capacity will be diverted upstream of Infiltration Pond #2 to Storage Pond #1. Discharge from Pond #1 will be controlled to preconstruction runoff levels. There is no direct discharge from impervious surfaces to a watercourse. All runoff from the site will be filtered through grassed swales prior to entering either pond. The grading contractor and developer will provide maintenance during construction. The property owners association will provide maintenance after completion. Domestic Mail Only Er 0 F F 0 C 0 A L Ln M postage CO M Certified Fee MRelum Receipt Fee M ment Rq.VOO Restricted Delivery Fee r_3 (Endorsement Required) ru r-q Tow Postage & Fees $411�v - A S. 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Restricted Delivery Fee (Endorsement Required) 41 ru r-3 TQ1W Postage & Fees $ ru — U5 Postal, '7T rvice ;CERTIFIED MAIL° RECEIPT Domestic Mail.Only ■ For delivery Information, visit b6riiebsite at www-u-qrtr �Ame r- 1 0 F F C � A L U S E— Ln IM Cc Postage C3 Certified Fee 0RetuReceipt Fee Return (Endorsement Required) Restrktac! Delivery Fee E:3 (EndOM:ZMent Required) ru r-R r1i Total Postage & Fees Postmark Here Sent To zt- fit U —7r. C3'Mraet . Apt. Iva . �VCW -loh -------------- - ------------------- z ------------ -------------- ------ r- or PO Sox No. Pb h5ox� /377 r- - PO Sax No. 3301 &4.50t) Dr. S14 /* g / 0 3 --------- t -------------- ------------------------------------------------ — ------------- ZAN- -------------- ---------------------- ----------------------- ---- city, &a tsylil '3110a:A110C 2274ffo LC 27&o9 Xr6kh e L PS Fo , f, . - . . , . Se�6 Reverse- for In . 1ruclion . s PS Form 3800, July 2014 -,— — - See Reverse for Instruciions ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. M. Print your name and address on the reverse so that wd can return the card to you. ■ Attach this.card to the back of the mailpiece, or on the front it space permits. Article Add9sed to: Div k1/dam A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. D to of qelivery —=.-• 'a.: 'z' - I 1124 I 1 b D. Is delivery address different from item 1? .❑ Yes If YES, enter delivery address below: ❑ No 3. eertType Certi£ed Mail® ❑Priority Mail Express"' pp Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - - — - (Transfer from service label} 7 0 4? 2.1 Z 0. 0 0 0 0 8 b 5 7 j 8 16 2: ' 381 1'. July 2d13 ' ; i Domestic Return Receipt UNITED STATES'PbttAOSEAVM--7- e- t Posta"gbW Fc6i'Paiid 'ZZ L•abnder Please print your name, address, and ZIP+4® in this boxO NCDEQ/DEMLR 127 Cordina Drive Extens" Wilmington, NC2SA05 X. VIV UNITED S7A7F Sir �2VICE First -Class Mai[ Postage & Fees Paid i . 12 USPS Permit No. G-10 �' L nder: l'i'ease print your name, address, and ZIP+4�1 in this box• `1 Uj U I�r t I NCDEWDEML$ l Stvrmwater Section }I 127 CanUnd Drive Extenfi3on RRnington, NC 28405 J ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mailplece, or on the front if space permits. I . Artic Addressed to: A. Signatur X ❑Agent ❑ Addressee B. Weived by (Printed Nam C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: P No ❑ Certified Mails ❑ Priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes I '-. Article Number - -- -- - ----- -� (Transfer from service labeo j 7 014 2120 0 0 0 0 r- 8 0 5 7 8931 ?5'Form 3811,'July 2013 Domestic Return Receipt UNITED STATES ICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Please print your name, address, and ZIP+4® in this box, rn NC DEWDEMLS 0 Stormwater Seetion 127 Cardinal Drive Extension Wilmfagtnn, NC 284U5 Lr 7 a� I Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on.the front if space permits. I. Article Addressed to: ;zw Vx/kIke A. Signat �j�` ;Agent is � 0 Addre B. Received by tinted Name) C. Dat of D I ,114" D. Is de every address different from item I? byes If YES, enter delivery address below: © No rvice Type 1 Certified Mail" ❑ Priority Mail Express' Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes !. Article Number - - - _ (Transfer from service label} F 7 014 2120 0000 8057 8948 'S Farm 3811, July 2013 Domestic Return Receipt UNITED STATE1WdSVWQ3 HkVICr First -Class Mail : 4c 2- a Postage & Fees Paid USPS i • `� Permit No. G-10 • Sender. Please print your name, address, and ZIP+41�1 in this box* NC DEWDEMLR Stormwsieer Section 127 C*rctbmd Drive Extension W111mington, NC 2SA05 J <J" A'-1 fi a ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed /f ,D/w W, /ol)e' ?. Article Number F (Transfer from service label) 7 014 A. Signg�ore X ,ffjj--ff'FFjj-- Agent / ❑ Addressee B. '' d b (Prinfed Name Da C. of. elivery r) Pce r l AA 11 17� D. Is delivery address d!�&rent from item 1? ❑ Yes If YES, enter delivery address below: © No 3. fqrvice Type s ertified Mail'9 ❑ Priority Mail Express'" egistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2120 0000 8057 8955 IS Form 381.1 , ;July 2013 , , Domestic Return Receipt UNITED STATEStP ICE -':i )4..ti1,7 First -Class Mail Postag LISPSe &Fees Paid Permit No. G-10 • Sen-de : lease print your name, address, and ZIP+4® in this box* �e NC DEQIDEMLR Stormwater Section ' z 127 Cardinal Drive Extension " -�S.: Wilmington, NC 28405 ; ollllll,l,,,j��iull'I'I' III -s Gam'q 6-f5eq ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. s Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label} PS Form 3811, July 2013 A. Signature ❑ Agent X fLr lr� [] Addresse, B. ecleived by (Printed Name} C. Date of Deliver. D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ja'No 3. ice Type ertified Mail® El Priority Mail Express'" ❑ gistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Coflecton Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7013 2630 0002 0760 7318 .� Domestic Return Receipt 1- -. PAT McCRORY Governor DONALD R. VAN DER VAART Secretary Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY November 2, 2016 CERTIFIED MAIL NUMBER 7014 2120 0000 8057 8931 RETURN RECEIPT REQUESTED Thomas A. Saieed, Jr., Manager White Partners, LLC 3301 Benson Drive, Suite 103 Raleigh, NC 27609 CERTIFIED MAIL NUMBER 7014 2120 0000 8057 8948 RETURN RECEIPT REQUESTED Elizabeth W. Voltz, Registered Agent White Partners, LLC 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 CERTIFIED MAIL NUMBER 7014 2120 0000 8057 8955 RETURN RECEIPT REQUESTED Lonnie C. Poole, I11, Manager White Partners, LLC PO Box 17566 Raleigh, NC 27619 CERTIFIED MAIL NUMBER 7014 2120 0000 8057 8962 RETURN RECEIPT REQUESTED Dan Weldon, President Coastal Home Corporation PO Box 1377 Wrightsville Beach, NC 28480-1377 Subject: Notice of Permit Extension Notice of Inspection — Not Compliant 1 Request to Transfer Bella Sera Villas at Vineyard Plantation State Stormwater Management Permit No. SW8 050308 New Hanover County Dear Mr. Saieed, Ms. Voltz, Mr. Poole and Mr. Weldon: TRACY DAVIS Director Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMUR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is herewith notifying White Partners, LLC that the subject permit, which already expired on April 28, 2015, is now effective from the date of issuance until April 28, 2019_ You must submit a request to renew the permit at least 180 days prior to the new expiration date, which would be October 28, 2018. State of North Carolina I Environmental Quai4 I Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. NC 28405 910 796 7215 W o V]U.]U?S Page 2 of 3 On January 25, 2016 and again on February 3, 2016, staff of the Division of Energy, Mineral and Land ' Resources (DEMLR) inspected Bella Sera Villas at Vineyard Plantation located off Futch Creek Road in New Hanover County; to determine the status of compliance with the Slate Stormwater Management Permit Number SW8 050308 issued on April 28, 2005. It was determined that the site is not in compliance with the terms and conditions of the permit. The Division sent the attached inspection reports to White Partners, LLC on February 8, 2016, but received no response from either Mr. Saieed or Mr. Poole. These reports are being mailed again via Certified Mail to Mr. Saieed and Mr. Poole and also to the registered agent for White Partners, LLC, Ms. Elizabeth Voltz and to the current owner of the remaining Bella Sera lots, Dan Weldon with Coastal Home Corporation. Please find a copy of the two completed forms entitled "Compliance Inspection Report" attached to this letter, which summarized the findings of the January 2016 and February 2016 inspections. As indicated in the attached inspection reports, the following deficiencies must be resolved: I . The infiltration basin is not drawing down within 5 days as required by the stormwater rules. 2. The permittee has not notified the Division of the mailing address change to 3301 Benson Drive in Raleigh.as required by General Condition IIL9 of the permit. 3. No modification or revised plan was submitted to the Division to address the revised plat for Phase 2, as required by Schedule of Compliance Condition 11.9 of the permit. The revised plat was recorded on October 13, 2006, in Map Book 50 at Page 169 by White Partners; LLC, and appears to change the development scheme for Lots 1-20 and 36-47 from attached single family to single family. 'White Partners LLC recorded an amendment to the original April 4, 2006 declaration on March 12, 2007 which annexed the Phase 2 parcel and made the Phase 2 lots subject to the previously recorded deed restrictions in DB-5002 at Page 1113. This amendment makes no mention of abandoning the attached single family development scheme in favor of single family. 4. The common areas of the subdivision were conveyed to the Bella Sera Villas at Vineyard Plantation Association, Inc., on April 4, 2006. Under General Condition 111.1 of the permit, it is the responsibility of White Partners, LLC, as the permittee of record, to submit a completed and signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources at feast 30 calendar days prior to making any of the below listed changes. Upon receipt of the signed permit transfer request and a subsequent determination by the Division that the project is in compliance, the permit transfer can be approved. Please note that a permit modification may be needed as part of the determination of compliance prior to transfer. The transfer forms are available on our website at: http://porta].tiedenl'.org/web/lr/state-stormwater-forms does. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256, c. Foreclosure proceedings; d. Bankruptcy; e. Dissolution of the partnership or corporate entity; £ A name change of the owner / permittee; g. A name change of the project; h. A mailing address change of the permittee; The permit does NOT automatically transfer with the conveyance of the common areas to the HOA. White Partners, LLC is still responsible for submitting the Name/Ownership Change Form to the Division and receiving approval from the Division to transfer the permit to the HOA, Until such time as the Division approves a request to transfer the permit, White Partners; LLC must also comply with the terms, conditions and limitations of the Stormwater Management Permit, including verification that no lot has exceeded the 4,068 sf maximum BUA limit, operation and maintenance of the permitted stormwater system, and submitting the required permit modification to change from attached single family to single family for some of the lots. The Division located and downloaded the recorded deed restriction documents from the New Hanover County Register of Deeds. The original declaration was recorded on April 4, 2006 in DB 5002 at PG 1113 and specifies a maximum of 4,068 sf per Iot. The subsequent amendment to annex Phase 2 was recorded on March 12, 2007 in DB 5153 at PG 765 and made the Phase 2 lots subject to the same 4,068 sf BUA limitation. State of North Carolina I Environmental' Quality I Energy, Mincral and Land Resources Wlmington Regional Office 1 121 Cardinal Drive Extension I Wilmington. NC 28405 910 796 7215 State Stormwater Permit No. SV18 050308 Page 3 of 3 The New Hanover County Register of Deeds also indicates that on November 19, 2014, White Partners; LLC transferred lots and assigned their declarant rights in Bella Sera to ForeverHome of Wilminglon, LLB. The Division was not notified of this ownership change. ForeverHome of Wilmington. LLC has since filed for bankruptcy and the remaining lots were purchased by Coastal Home Corporation. Mr. Weldon, please note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NICGS 143 Article 21, including the assessment of civil penalties. All of the lots you purchased were made subject to the permitted maximum BUA limit of 4,068 square feet as recorded on April 4, 2006. Since White Partners has not modified or transferred the pen -nit, you will be in violation of the permit if you have further subdivided the lots you own such that the total number of lots in Bella Sera exceeds 47, or if you have or will construct more than the 4,068 sf maximum amount of built. -upon area on any of the lots that Coastal Home Corporation owned, or is currently developing in Bella Sera. The Division requests that White Partners LLC to the following: 1. Maintain the infiltration basin to restore the infiltration capacity such that drawdown occurs within 5 days; 2. Mod.16, the permit to reflect the change from attached single family to single family: 3. Sign and submit the Name/Ownership Change Form to initiate the transfer of the modified permit. to the HOA; 4. Verify that no lot has exceeded the 4,068 square foot maximum BUA limit. The Division requests that Mr. Weldon do the following: 1. Verify that none of the lots has been subdivided such that the total number of lots exceeds 47: 2. Verify that. the built -upon area on those lots does not exceed 4,068 sf. Failure to provide the requested information, or to respond to this letter with a plan of action.. including a timeline to resolve the identified deficiencies, by January 3, 2017 are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. If any of you have any questions, please contact 1ne at the 'Wilmington Regional Office, telephone number (910)-796-7215 or via email at linda.lewis(uDncdenr.gov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Enc: Compliance Inspection Report ' GDSlarl: II\StormwaterlPerm its & Projects120051050308 HD12016 11 CEI deficient 050308 cc: Phil ]Morris, P.E., Norris & Tunstall Bella Sera Villas at Vineyard Plantation Association, Inc. c/o Kin Liversidge (702 Tuscan Way, Wilmington 284.11-8417) Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources l ilnungton Regional Office 1127 Cardinal Drive Extension I Wilnungton, NC 2840S 910 796 7215 PAT MCCRORY Govemar 3if �..k•F �y ��:.'Z.'i'fi .:.-. All 1 4111 Energy, Mineral and Land Resources eN VIRONMENTAL QUALITY February 8, 2016 DONALD R. VAN DER VAART White Partners, LLC White Partners, LLC Thomas A: Saieed, Jr., Manager Lonnie C. Poole, 111, Manager 3301 Benson Drive, Suite 103 PO Box 17566 Raleigh, NC 27609 Raleigh, NC 27619 Subject: Notice of Permit Extension / Notice of Inspection — Not Compliant Bella Sera Villas at Vineyard Plantation State Stormwater Management Permit No. SW8 050308 New Hanover County Dear Mr. Saieed: Secrelary TRACY DAVIS Uimcror Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is herewith notifying you that the subject permit, which already expired on April 28, 2015, is now effective from the date of issuance until April 28,_2019. You must submit a request to renew the permit at least 180 days prior to the new expiration date, which would be October 28, 2018. The Division of Energy, Mineral and Land Resources (DEMLR), received a complaint/question from a homeowner in Bella Sera regarding the water level in the wet pond. On January 25, 2016 and again on February 3, 2016, staff of the Wilmington Regional Office of DEMLR inspected Bella Sera Villas at Vineyard Plantation, located off Futch Creek Road in New Hanover County, to determine the status of compliance with the State Stormwater Management Permit Number SW8 050308 issued on April 28, 2005. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of the 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. The permittee has not submitted a copy of the recorded deed restrictions to the Division. 2. The infiltration basin is not drawing down within 5 days as required by the stormwater rules. 3. The permittee did not submit for a modification to reflect the change in the development of a few of the Townhome lots to single family lots, as required by Section I1.9 of the permit. 4. It appears that the mailing address of the permittee corporation has been 3301 Benson Drive in Raleigh since the formation of the corporation in 2005, which does not match the mailing address provided on the 2005 permit application. To date, the permittee has not notified the Division of this mailing address change as required by Section ITI.9 of the permit. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal hive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F J httol/oortal.ncdenr.orelwcbilr! State Stormwater Nermlt No. SWb UDUi J8 Page 2 of 2 The common areas of the subdivision were conveyed to the Bella Sera Villas at Vineyard Plantation Association, Inc., on April 4, 2006. Please be reminded that under Section 1II.1 of the permit, it is your responsibility as the permittee of record to submit a completed and signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources at least 30 calendar days prior to making any of the below listed changes. Upon receipt of the signed permit transfer request and a subsequent determination by the Division that the project is in compliance, the permit transfer can be approved. The transfer forms are available on our website at:littp://portalatcdenr.org/web/Ir/state-stormwatei--forms dots. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part; b. The sale or conveyance of the common areas to a Homeowner's or Property Owners Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings; d. Bankruptcy; e. Dissolution of the partnership or corporate entity; f. A name change of the owner / permittee; g. A name change of the project; h. A mailing address change of the permittee; Please be advised that until you submit the required Name/Ownership Change Form to the Division and receive approval from the Division to transfer the permit, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by March 8, 2016, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at linda.lewis(aDncdenr.aov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Ene: Compliance Inspection Report ), GDSlarl: 111Stormwater\Permits & Projects120051050308 HD12016 02 CEI_deficient 050308 cc: Phil Norris, P.E., Norris & Tunstall Bella Sera Villas at Vineyard Plantation Association, Inc. c/o Chris Manning (Premiere Management Company PO Box 12051 Wilmington 28405) Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina j Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal hive Extension I Wilmington, NC 29405 910 796 7215 T 1 910 350 2004 F I htwilnortatnedermore/web/lrl