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HomeMy WebLinkAboutSW8050709_HISTORICAL FILE_20170109STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW E5�25�- 7D� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD MHAMLET PW &ASSOCIATES,PLLC ATTO RN EYs AT LAW H. Mark Hamlet Patricia Cowart -Coughlan Rebecca Knudson Nicole Slaughter Jessica S. Humphries VIA US Certified Mail/RRR Christine Nelson NC Dept. of Environmental Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 27405 Reply To: Nicole Slaughter (910) 777-5995 nslaughter rr hamletandassociates.com January 9, 2017 RECEIVEDMCDENR/M JAN 1 1 2017 Water Quality Regional Operations Section Wilmington Regional Office Re: Faulkner v. Stevens Building Company d/b/a Stevens Fine Homes New Hanover County File No.: 15-CVS-2757 Our File No.: 063848.15-0001 Dear Christine, Please find enclosed a Subpoena for you to appear and testify at the trial of the above - captioned matter which will take place next week, beginning on January 17, 2017. The trial will take place in New Hanover County Superior Court, Courtroom 400, 315 Princess Street, Wilmington, NC 28401. There is no need for you to appear in court on January 17, 2017, but we will need for you to appear and testify during the course of the week. We Will give you as much advance notice as possible about when you will need to appear for trial, but currently we do not have an exact date or time. In the interim, please do not hesitate to call if you have any questions or concerns regarding this matter. Very truly yours, Nicole B. Slaughter NBS/jma Enclosures STATE OF NORTH CAROLINA File No. 15-CV S-275 7 NEW HANOVER In The General Court Of Justice County ❑ District © Superior Court Division MICHAEL FAULKNER and JOHN FAULKNER Additional File Numbers VERSUS SUBPOENA STEVENS BUILDING COMPANY d/b/a STEVENS FINE HOMES G.S. 1A-1, Rule 45; G.S. B-59 Party Requesting Subpoena FE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request, but ❑ State/Praintiff © Defendant be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or judge. TO Name And Address Of Person subpoenaed Christine Nelson Alternate Address North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington NC 28405 Telephone No. Telephone No. (910)796-7215 YOU ARE COMMANDED TO: (check all that apply): ® appear and testify, in the above entitled action, before the court at the place, date and time indicated below. ❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. ❑ produce and permit inspection and copying of the following items, at the place, date and time indicated below. ❑ See attached list. (List here if space sufficient) Name And Location Of CourtlPlace Of Deposition/Place To Produce Date To Appear/Produce New Hanover County Superior Court, Courtroom 400 01/17/2017 through 1/20/17 315 Princess Street Time To Appear/Produce ❑X ❑ PM AM Wilmington NC 28401 10:00 Name And Address Of Applicant Or Applicant's Attorney Date Nicole Slaughter/Hamlet & Associates, PLLC 01/09/2017 5215 Junction Park Circle, Ste. 202 Signature Wilmington NC 28412 Telephone No, Of Applicant or Applicant's Attorney ❑ Deputy CSC ❑ Assistant CSC ❑ Clerk Of Superior Couhj ❑ Superior Court Judge 910-777-5995 ❑ Magistrate ❑X Attomey/DA ❑ District Court Judge RETURN OF SERVICEcri `t certify this subpoena was received and served on the person subpoenaed as follows: By ❑ personal delivery. ❑ registered or certified mail, receipt requested and attached. ❑ telephone communication by Sheriff {use onlyfora witness subpoenaed to appear and testify). + ❑ telephone communication by local law enforcement agency (use only fora witness subpoenaed to appearond testify in a criminal case). NOTE TO COURT: if the witness was served by telephone communication from a local law enforcement agency in a criminal case, the court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written subpoena. ❑ 1 was unable to serve this subpoena. Reason unable to serve: Service Fee ❑ paid Date Served Namo Of Authorized Server (Type Or Print) Signature Of Authorized Server Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. AOC-G-100, Rev. 5f13 (Please See Reverse Side) © 2013 Administrative Office of the Courts NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). (c) Protection Of Persons Subject To Subpoena (1) Avoid undue burden or expense, - A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.The court shall enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney's fees. (2) For production of public records or hospital med�caltecords. - Where the subpoena commands any custodian of public records or any custodian of hospital medical records, as defined in G.S. 8.44,1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian's custody, an affidavit to that effect. When the copies of records are personally delivered under this subdivision, a receipt shah be obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication. Copies of hopilal medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the physician - patient privilege or to require any privileged communication under law to be disclosed. (3) Writtenobieclion to subpoena. - Subject to subsection (d) of this rule, a person commanded to apear at a deposition or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or tangible things may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena: a. The subpoena fails to allow reasonable time for compliance. b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subjects a person to an undue burden or expense. d. The subpoena is otherwise unreasonable or oppressive. e. The subpoena is procedurally defective. (4) Order of court rU&ed to override ob'ecti n. - If objection is made under subdivision (3) of this subsection, the party serving the subpoena shall not be entitled to compel the subpoenaed person's appearance at a deposition or to inspect and copy materials to which an objection has been made except pursuant to an order of the court. If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur. (5) Motion to quash or modify subpoena. - A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena. The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection, The motion shall be bled in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (6) Order to corn ep I: expen_seslo comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, electronically stored information, or other tangible things. the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronically stored information, or tangible things specified in the subpoena. (7) Trade secrets; confidential information. - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order. (8) Order to quash: expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person's reasonable expenses including attorney's fees. (d) Duties In Responding To Subpoena (1) Form of response. - A person responding to a subpoena to produce records, books, documents, electronically stored information, or tangible things shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (2) Form of producing electronically stored information not specified. - if a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it ordinarily is maintained or in a reasonably useable form or forms. (3) Electronically stored information in only one form. - The person responding need not produce the same electronically stored information in more than one form. (4) Inaccessible ftctronically stored information. -The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, after considering the limitations of Rule 26(b)(1a). The court may specify conditions for discovery, including requiring the party that seeks discovery from a nonparty to bear the costs of locating, preserving, collecting, and producing the electronically stored information involved. (5) Soecificity of objection. - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shall be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, electronically stored information, or other tangible things not produced, sufficient for the requesting party to contest the objection, INFORMATION FOR WITNESS NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the box labeled "Name And Address OfApplicanf Or Applicant's Attorney." DUTIES OF A WITNESS • Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony. • In answering questions, speak clearly and loudly enough to be heard. • Your answers to questions must be truthful. • If you are commanded to produce any items, you must bring them with you to court or to the deposition. • You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. BRIBING OR THREATENING A WITNESS It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify. (The fee for an "expert witness' will be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certify your attendance as a witness so that you will be paid any amount due you. AOC-G-100, Side Two, Rev. 5113 cD 2013 Administrative Office of the Courts CERTIFICATE OF SERVICE This is to certify that the undersigned has this date served this SUBPOENA DUCES TECUMOF CHRISTINE NELSON upon all parties to this case by mailing a copy thereof to the addresses indicated below with the proper postage attached and deposited in an official depository under the exclusive care and custody of the United States Postal Service in Wilmington, North Carolina, properly addressed to: Joseph H. Nanny, Jr. Meynardie & Nanney 2840 Plaza Place, Suite 300 Raleigh, NC 27612 Attorney for Plaintiff This 9th day of January, 2017. HAMLET & ASSOCIATES, PLLC 1YA 0, 1 j, 4,z, N.C. State Bar I.D. No.: 19955 Nicole Slaughter N.C. State Bar I.D. No.: 21911 5215 Junction Park Circle, Suite 202 Wilmington, NC 28412 Telephone: 910-777-5995 Facsimile: 910-399-4277 Attorneys for Defendant Stevens Building Company d/b/a Stevens Fine Homes State Stormwater Management Systems Permit No. SW8 050709 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 1S HEREBY GRANTED TO Ernest Deans Hackney, Holly Tree Investments, LLC Madison Park New Hanover County FOR THE construction, operation and maintenance of two wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 29, 2015 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. 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 1.6 on page 3 of this permit. The subdivision is permitted for 67 lots, each allowed 3,750 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 050709 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Pond 1 Pond 2 a. Drainage Area, acres: 10.72 9.79 Onsite, ft2: 466,869 426,247 Offsite, ft2: None None b. Total impervious Surfaces, ft2: 144,349 170,971 Lots 6-8, 35-39, & 45-66 at 3,750 ft2: 112,500 NIA Lots 1-5, 9-34, 40-44 & 67 at 3,750 ft2: NIA 138,750 Roads/Parking, ft2: 31,849 32,221 c. Pond Depth, feet: 6 7 d. TSS removal efficiency: 90 90 e. Design Storm, inches: 1 1 f. Permanent Pool Elevation, FMSL: 10.0 7.0 g. Permitted Surface Area @ PP, ft2: 17,101 14,000 h. Permitted Storage Volume, ft3: 33,350 35,481 i. Storage Elevation, FMSL: 11.8 9.0 j. Controlling Orifice: 1.5" O pipe 1.75" fd pipe k. Permanent Pool Volume, ft3: 63,390 52,812 I. Forebay Volume, ft3: 12,791 9,609 m. Maximum Fountain Horsepower: 1/4 1/6 n. Receiving Stream Smith Creek Smith Creek o. River Basin Cape Fear Cape Fear p. Stream Index Number: 18-74-63 18-74-63 q. Classification of Water Body: C; Sw C; Sw Pond 1 — Lots 6-8, 35-39, & 45-66 Pond 2 — Lots 1-5, 9-34, 40-44, & 67 II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be Page 3 of 9 State Stormwater Management Systems Permit No. SW8 050709 revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 050709 12. Prior to the safe of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050709, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is 3,750 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. g. Lots within CAMA's Area of Environmental Concern may be subject to a . reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. Built -upon area in excess of the permitted amount will require a permit modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in Wet Detention Pond 1 is 114 horsepower. The maximum pump power for a fountain in Wet Detention Pond 2 is 116 horsepower. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 050709 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. 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. 18. 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. 19. 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. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 050709 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. 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. Permit issued this the 291h day of December, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 050709 Page 7 of 9 Find Permit Rent : f ,, N. i0e 1 Permit: QfJ029087 Version; 1,0 Status: Event Type: ikFinal Engineer Certification Received Event Date: 711 U2007 Responsible Person: Idean.hunkeie Due Data: Comment: - project changed names from Madison Park to Stones Edge - - - - - — - Ready �- FindOwner Help <_Qack Next> Finish j I CI soCl e 4 Facilitys found _ - - - - _ - T 'IlReady — - ---ljpage ill 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 S a ��/ / /6_�' TIME/DATE NAME REPRESENTING 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: I . Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 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. FACILITY NAME COUNTY 0 3. �Gr d ee� 7 �� 4. Signature and Name of Firm/Business Date Time In Please attach a business card to this form COPIES MADE PAID INVOICE S:Admin.file access Time Out 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 V 7'rn Le, } S TBAE/DATE a '.0 UU NAMEs- REPRESENTING4Lu z`S L—,i (IL 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: I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision -is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment maybe made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 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. FACILITY NAME COUNTY 06'6 7 c9 0 �) 2. 3. 4. Signature and ame of PfitVBusiness Date Time In Time Out Please attach a business card to this form COPIES MADE PAID INVOICE S:Adm n.file access Nelson, Christine From: Nelson, Christine Sent: Monday, May 12, 2014 2:16 PM To: Scott, Georgette; Wetherill, Beth Subject: RE: information needed (UNCLASSIFIED) Beth, was out on the site on Friday. The pipe in question appears to be directing offsite runoff around the stormwater system. As long as they don't direct any of the proposed BUA from the project to that pipe / swale, stormwater has no problem with it. It would just be nice to get a plan revision to document the change. Now, on our plans there is supposed to be a stormwater inlet and pipe in the opposite rear corner of lot 1 to collect and direct the runoff to the BMP that we couldn't find. I'm not sure what's happening there. haven't completed the file review yet, these are a few of the initial impressions from the site visit. I'll send out an inspection report once I'm done. Let me know if you have questions! Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Scott, Georgette Sent: Tuesday, May 06, 2014 10:39 AM To: Wetherill, Beth Cc: Coburn, Chad; Baker, Chris; Nelson, Christine Subject: RE: information needed (UNCLASSIFIED) Beth, It looks like Christine will be handling this. Her number is 796-7345 From: Wetherill, Beth [mailto:BWetherill@nhcgov.com] Sent: Tuesday, May 06, 2014 9:36 AM To: Scott, Georgette Cc: Coburn, Chad; Baker, Chris Subject: RE: information needed (UNCLASSIFIED) Thanks From: Scott, Georgette[ma ilto:georgette.scott@ncdenr.gov] Sent: Tuesday, May 06, 2014 9:33 AM To: Wetherill, Beth Cc: Coburn, Chad; Baker, Chris Subject: RE: information needed (UNCLASSIFIED) ti Nelson, Christine From: Baker, Chris Sent: Tuesday, May 06, 2014 10:09 AM To: Nelson, Christine Subject: FK information needed (UNCLASSIFIED) Attachments: photo 1.JPG; photo 2.JPG; photo 3.JPG; photo 4.JPG; photo 5.JPG; photo 1[1].JPG; photo 2[1].JPG -----Original Message ----- From: Scott, Georgette Sent: Tuesday, May 06, 2014 9:27 AM To: Baker, Chris Subject: FW: information needed (UNCLASSIFIED) Check to see if this pipe should be here. See first couple of pictures- ----- Original Message ----- From: Coburn, Chad Sent: Friday, May 02, 2014 2:04 PM To: Scott, Georgette Subject: FW: information needed (UNCLASSIFIED) Chad Coburn Senior Environmental Specialist NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office Phone: 910-796-7379 email: chad.coburn(@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Liz Bianchini[mailto:liz(@dogoodrealestate.com] Sent: Friday, May 02, 2014 1:42 PM To: Hughes, Emily B SAW Cc: Coburn, Chad; Mike; johnjayfaulkner@hotmail.com; joanfaulknerphotmail.com Subject: Re: information needed (UNCLASSIFIED) Emily, Please find attached the pictures to the property in question at 107 Northbrook. Please let me know if you need additional information. I have also ccled Chad Coburn, and my clients. 1 1k .My clients are asking the builder to take the pipe further back, as far as they can without encroaching on wetlands. Thanks and I look forward to hearing from you. Liz Bianchini, Broker Do Good Real Estate 1904 Eastwood Road, Suite 310 Wilmington, NC 28403 Cell: 910-352-4328 Email: lizoadogoodrealestate.com Website: www.dogoodrealestate.com On 5/1/14, 3:04 PM, "Hughes, Emily 9 SAW" <Emil .B.Hu hes usace.arm .mil> wrote: >Classification: UNCLASSIFIED >Caveats: NONE >Hi Liz, >Yes, pictures would help. I've also cc'd Chad Coburn, Division of Water >Resources to see if he or anyone in the storm water division may have >comments on this. >Thanks, >Emily >----- Original Message ----- >From: Liz Bianchini[mailto:liz@dopoodrealestate.com] >Sent: Wednesday, April 30, 2014 4:52 PM >To: Hughes, Emily B SAW >Subject: [EXTERNAL] information needed >Hi Emily, >Can you please help me? I have a property that I am representing the >buyer at 107 Northbrook in Stonesedge subdivision in Wilmington. >This particular house has a huge storm drainage in the front and >another one going down the left hand side. The one going down the left >side is in question. We have asked the builder to finish the pipe out and take At all the way to the back. We are being told that they don't think >they can take the pipe back to the end of the property due to the z I i'>wetlands. >Understand we aren't asking that the pipe go into the wetlands just >that it goes further past the middle of the back yard. I can take >pictures and send those if necessary. >Please let me know if you are the right person or if I need to contact >someone else. M ank you for your time, > New Do Good Logo <http://vimeo.com/50543057> > Liz Bianchini, Broker > > Do Good Real Estate > 1904 Eastwood Road, Suite 310 > Wilmington, NC 28403 > Cell: 910-352-4328 > Email: liz@dogoodrealestate.com > Website: www.dogoodrealestate.com >Classification: UNCLASSIFIED >Caveats: NONE 3 Nelson, Christine From: Baker, Chris Sent: Tuesday, May 06, 2014 10:09 AM To: Nelson, Christine Subject: FW: information needed (UNCLASSIFIED) From: Wetherill, Beth [mailto:BWetherill@nhcgov.com] Sent: Tuesday, May 06, 2014 9:36 AM To: Scott, Georgette Cc: Coburn, Chad; Baker, Chris Subject: RE: information needed (UNCLASSIFIED) Thanks From: Scott, Georgette[maiIto: georgette.scottCai)ncdenr.gov] Sent: Tuesday, May 06, 2014 9:33 AM To: Wetherill, Beth Cc: Coburn, Chad; Baker, Chris Subject: RE: information needed (UNCLASSIFIED) Beth, Thanks for the info. Chris Baker is going to try to get out there to look at this. If you want to get up with him to a arrange a time to meet out there his number is 796-7335. Georgette From: Wetherill, Beth[mailto:BWetherill(a)nhcgov.com] Sent: Friday, May 02, 2014 3:37 PM To: Scott, Georgette Cc: Coburn, Chad Subject: RE: information needed (UNCLASSIFIED) This is in Stones Edge previously called Madison Park The State Stormwater Permit in our file is for Madison Park SW8 050709 see attached copy. My plans do not show the piping adjacent to the house. My plans show it was supposed to be an open swale to direct R/W water into the wetlands. See section of plan attached. Our stormwater permit shows the entire R/W to be pipes per DOT requirements but mine does not. There is not piping on either of the County plans adjacent the the lot. it doesn't look like it should piping the section of swale adjacent to the house would cause the property owner a problem. I would rather have a piped ditch than the whole side of the yard a deep ditch. In fact I would want the whole ditch piped. need to know when your pictures were taken and who took them. I have spoken to Mrs. Bianchini. The only pictures I got from her were for the headwall out front see attached 2 pictures. From the looks of your pictures I need to go out there and make sure nothing is getting into the wetlands and make sure that ditch get lined with excelsior. The last time we were out there the there was an open ditch lined with excelsior and it was well stabilized with grass. Beth Wetherill I Engineering Specialist Engineering 1 New Hanover County 230 Government Center Drive, Suite 160 Wilmington, NC 28403 (910) 798-7432 p 1 (910) 798-7051 f From: Scott, Georgette[mailto:georgette.scott(@ncdenr.gov] Sent: Friday, May 02, 2014 2:40 PM To: Wetherill, Beth Subject: FW: information needed (UNCLASSIFIED) Beth, Do you have an erosion control permit for this site? We do not have any kind of state stormwater permit for this site. Ms. Bianchini is in real estate and is looking into the concerns for this homeowner. She told me that Craig Stevens (Stevens fine homes) is the developer. Ms. Bianchim's cell number is 910 352- 4328. It appears to me that this pipe might indeed cause a problem for this home owner down the road. Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7339 Fax (910) 350-2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ------ From: Coburn, Chad Sent: Friday, May 02, 2014 2:04 PM To: Scott, Georgette Subject: FW: information needed (UNCLASSIFIED) Chad Coburn Senior Environmental Specialist NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office Phone: 910-796-7379 email: chad.coburn ipricdenr. v E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Liz Bianchini [mailto:liz a.do ,oc �drealestate.coizl] Sent: Friday, May 02, 2014 1:42 PM To: Hughes, Emily B SAW Cc: Coburn, Chad; Mike; johniayfaulknernhotmail.eom; ioanfatllknernhotmail.coni r Subject: Re: information needed (UNCLASSIFIED) Emily, Please find attached the pictures to the property in question at 107 Northbrook. Please let me know if you need additional information. I have also cc'ed Chad Coburn, and my clients. My clients are asking the builder to take the pipe further back, as far as they can without encroaching on wetlands. Thanks and I look forward to hearing from you. Liz Bianchim, Broker Do Good Real Estate 1904 Eastwood Road, Suite 310 Wilmington, NC 28403 Cell: 910-352-4328 Email: liz0odoaoodrealestate.com Website: www.dogoodrealestate.com On 5/1/14, 3:04 PM, "Hughes, Emily B SAW"<Emir.l3.Hu�_hesnusace.army.mil> wrote: >Classification: UNCLASSIFIED >Caveats: NONE >Hi Liz, >Yes, pictures would help. I've also cc'd Chad Coburn, Division of Water >Resources to see if he or anyone in the storm water division may have >comments on this. >Thanks, >Emily Cl , > ----- Original Message----- ,-From: Liz Bianchini [maiIto.lizno.dogoodrealestate.corn] >Sent: Wednesday, April 30, 2014 4:52 PM >To: Hughes, Emily B SAW >Subject: [EXTERNAL] information needed >Hi Emily, >Can you please help me? I have a property that I am representing the >buyer at 107 Northbrook in Stonesedge subdivision in Wilmington. >This particular house has a huge storm drainage in the front and >another one going down the left hand side. The one going down the left >side is in question. We have asked the builder to finish the pipe out and take >it all the way to the back. We are being told that they don't think >they can take the pipe back to the end of the property due to the >wetlands. >Understand we aren't asking that the pipe go into the wetlands just >that it goes further past the middle of the back yard. I can take >pictures and send those if necessary. >Please let me know if you are the right person or if I need to contact >someone else. >Thank you for your time, > > New Do Good Logo <http://x,imeo.com/50543057> > Liz Bianchini, Broker > Do Good Real Estate > 1904 Eastwood Road, Suite 310 > Wilmington, NC 28403 > Cell: 910-352-4328 > Email: liz wdoi:oodrealcstate.coni > Website: N tirvvw.do toodreal estate.com > 4 )OKFIELD SUBDIVISION SECTION 313 'a n MB. 12 PG. 13 EX. SSMH No. 1 RIM 15.99 ' EX. SSMH No. X. SSMH No. 8 RIM 15.51 9 ;IM 17.04 I NORTH CAROLINA DISTRICT COUNCIL Y —�� -•��--y — — � - i�'� ASSEMBLY OF GDD, INC. _ � 5.83!/i IP EASEMENT �.� � � �•� Y E � 7. ' N 0 8 •, INV 14.51 ✓ 12�—CLEAN EXISTING DITCH AND LINE EX( 1_0'x240ED I oO MAT AND SEEDED IN ACCORDANCE W 18.72 i ( - SEEDING SPECIF;CATIONS NN x4 �� x 17�33 15.60 N 15' DRAINAGE EASEMENqEIP M t ` � " / 3 / x 2 TST No. 3 o"' TST W). 2x 5.68 co.0• 3'00•x 6.78 /- •,�� r i i r i / q i r . ICi1c . wl i ♦ i v\ w w . i 1 1 �5.99 f r w Y V • / r i .► w ,Y ♦iNbS JG�i�l le/'i*' ' r ♦ 1( i i w ♦ i i i w �V� W. A ♦ i(� JVo. 10 12 �/ `� •r +••59••••G.7316rw*•� No. 1 t 18 i r i i i w i i 664w i � w 19 — f �- 14.80 i 18: FES ,4N% 12.85 / .25 SSMH No. 75 `` 13 x . 1 No. 7 V i i w w • .r w • �w IM 15.7 / INV 12.7 // • r . r w NCDOT R/W 14 �/ i • 1i r . i i MON 15 '1 L SDMH No 1 0 � SSMH 14o. i . • w + w w . • r + i 1 &' WIDE UTILITY RIM 16. �SDMH m.96 • w r r • .�• w� EASEMENT TO CP, INV 1 x 13. RIM 11,0 y E (PROGRESS ENER' 34 Cl No 3.9 INV 1�• I No. 21 16 � � r • w � r • � �DB 1388/PG 16C 1 .5 x13.2 R!M 14.45 INV 1 .5 33 C � ( INV 11.9 • 5 i 1 .a E No. 22 x1274 RIM 14.4 IV 11. „ 32 A ,--SSMH No. 1 K �1 I� rY l ' 4j 7V: w. k 01 ty -i oJ I .41 Nelson, Christine From: Nelson, Christine Sent: Wednesday, June 04, 2014 1:18 PM To: 'Kyle Berzina'; Deans Hackney Subject: RE: Madison Park aka Stones Edge SW8 050709 That takes care of item 3. Thank you! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Kyle Berzina [mailto:kyle@cepco-nc.com] Sent: Wednesday, June 04, 2014 8:49 AM To: Nelson, Christine; Deans Hackney Subject: RE: Madison Park aka Stones Edge SW8 050709 Christine, Please see attached list of Stones Edge owners, as of today. Thank you, Kyle J. Berzina, CMCA"�', AMS°" Director of Operations 419 �,_ !'.rufcxai+snnl /1M�it�utiurl lltinngcrncnt . CEPCO - Consolidated Estate and Property Control Corporation 2502 South 17th Street, Wilmington, North Carolina 28401 Main: (910) 395-1500 / Fax: (910) 39576229 Office Hours: Monday through Friday, 9:00 a.m. - 5:00 p.m. Please visit our website at www.cepco-nc.com and Facebook or Linkedln pages! Celebrating 31 Years in Association Management! CONriDFNTlALIN NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited, if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. if you ore the intended recipient but do not wish to receive communications through this medium, please do advise the sender immediately. From: Nelson, Christine [mailto:christine.nelson(a ncdenr.gov] Sent: Wednesday, June 04, 2014 8:21 AM Nelson, Christine From: Kyle Berzina [kyle@cepco-nc.com] Sent: Thursday, May 22, 2014 10:58 AM To: Lewis,Linda Cc: Nelson, Christine Subject: Re: Madison Park aka Stones Edge SW8 050709 Linda, Thank you for taking my call this morning - I am looking forward to receiving the report. Appreciate all of your help with this. Kyle Kyle J. Berzina, CMCA, AMS Director of Operations CEPCO Consolidated Estate and Property Control Corporation 2502 South 17th Street Wilmington, North Carolina 28401 Please visit us at www.cepco-nc.com (910) 313-2311 Direct (910) 395-1500 Ext. 2311 Office (910) 395-6229 Fax kyle@cepco-nc.com On May 22, 2014, at 10:04 AM, "Lewis,Linda" <linda.lewis@ncdenr.gov> wrote: Christine: Can you please email Mr. Berzina a copy of the inspection report? He manages the HOA that is receiving the permit. CEPCO's mailing address is 2502 S. 17th Street, Wilmington, 28401. Thanks. Linda Lewis Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext, Wilmington, NC 28405 Main Office - 910-796-7215 Direct Line - 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. APR-09-2014 08:32 INTERNAL REVENUE SERVICE 4500 P.001i001 I 04-00-2014 i TO: D,E.N.R. Cc. Charles Meier; Attn_ Christine Nelson 14 S. Fifth St. j I 127 Cardinal Drive Extension Wilmington, NC. 28441 Wilmington, NC. 28405 j i I I Cc. Ernest Deans Hackney Cc, CEPCO-Kyle Be rzina PEO. Box 3442 2502 South 17�'' St. V4iimington, NC. 28406 Wilmington, NC_ 28401 Subject: Permit Name & Ownership Change Re: #SW8050709 And request for Inspection Ms. Nelson, I i OnIbehalf of the Stones Edge Property Owners Association, I am requesting a full physical inspection of the ponds covered by permit SW8050709. Said ponds are located within the Stones Edge development. This request is made in an attempt to accommodate a name and ownership change request received by Ernest Deans Hackney. Prior to executing the' name and ownership change, the Association BOARD, of which I have been duly elected !president, wish to be certain that all bodies of water covered by the permit, are Compliant with iterms and conditions of the permit, as agreed to at the time the permit was issued. I request furtker, that the results (or copies thereon of the inspectiombe provided to the Association BOARD, through our Association Manager, Kyle Berzina at the address above. Sincerely, I i _i William E. Nassmore Presicent, (Stones Edge Property Owners Association) r i . f APR 10 2014 BY.------------- 04/09/2011� 7:25AM (GMT-05:00) f - ATFA �C®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources Tracy E. Davis, PE, CPM Director November 22, 2013 Mr. Ernest Deans Hackney Holly Tree Investments, LLC PO Box 3442 Wilmington, NC 28406 Subject: Notice of Inspection — Non Compliant Madison Park Permit No. SW8 060709 New Hanover County Dear Mr. Hackney: Pat McCrory, Governor John E. Skvarla, ill, Secretary On November 21, 2013, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file review inspection of Madison Park in New Hanover County to determine the status of compliance with the State Stormwater Management Permit Number SW8 050709 issued on December 29, 2005. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. As required by Section 11.9 of the permit, please submit a copy of the signed designer's certification 2. As required by Section 11.13 of the permit, please submit a copy of the recorded deed restrictions. 3. The project name appears to have been changed from Madison Park to Stone's Edge. If this is true, per Section 11.4.b of the permit, please submit a Name/Ownership Change form to document the change in the project name. 4. Per Sections 11.4.c and 111.1 of the permit, this permit is not transferable except after notice to and approval by the Division. As part of the file review, the Secretary of State's corporations database was reviewed and it was discovered that Holly Tree Investments, LLC has been administratively dissolved by the Secretary of State on April 2, 2012. Pursuant to N.C. Gen. Stat. § 55-14-05(a): A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (5) Doing every other act necessary to wind up and liquidate its business and affairs. Additionally, according to the New Hanover County Tax Records website and database, it appears that the common areas, including the ponds, have been transferred to the Stone's Edge home owners or property owners association. In addition to the Madison Park permit, a search of the stormwater permit database found that Holly Tree Investments, LLC is also the permittee for two other active state stormwater permits: SW8 020104 — Henderson Park Phase 2 SW8 070716 — Seabrooke - Phase 1 and Phase II Inspections will be conducted in the near future for these two projects to determine their compliance status with the state stormwater permits. Even though Holly Tree Investments, LLC has been administratively dissolved, as the permittee of record, it is your responsibility to ensure that these projects meet all of the permit conditions and to inititate the permit transfers to the current owners. As it stands, Holly Tree Investments, LLC is still responsible for all permit compliance for these permits until a permit transfer is approved by the Division. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-72151 Fax: (910) 350-2004 Please inform this Office in writing before December 23, 2013, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by December 23, 2013 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington. Regional Office, telephone number (910)-796-7345 or via email at christine.nelson@ncdenr.gov. Sincerely, Christine Nelson Environmental Engineer Enc: Compliance Inspection Report t /GDSlcan: G.kWQISharedlStormwater\Permits & Projects120051050709 HD12013 11 CEI_deficient 050709 cc: Mr. Ernest Deans Hackney, Holly Tree Investments, LLC 1605 Country Club Road, Wilmington, NC 28403 current President of Stone's Edge Property Owners' Association, Inc., 2502 S. 17'" Street, Wilmington, NC 28401 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 FOR REGISTRATION REGISTER OF DEEDS RERECCA P. SMITH NEW HANOVER COUNTY NC 2007 MAY 04 02 ; 33: 24 PM BK 5178 PU47 -854 FEE : $32.00 MINT # 1001UM First Amendment to the Declaration of Covenants, Conditions And Restrictions for Stones Edge Prepared by Murchison, Taylor and Gibson, PLLC 16 North Fifth St. Wilmington, NC 28401 THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STONES EDGE (this "First Amendment") is made and entered into this the o26'0- day of QJ _ _, 2007, by HOLLY TREE INVESTMENTS, LLC, a limited liability company organized and existing under the laws of the state of North Carolina (hereinafter referred to as the "Declarant"). WITNESSETH WHEREAS, the Declarant heretofore executed the Declaration of Covenants, Conditions and Restrictions for Stories Edge, and caused the same to be recorded in Book 5112, Page 1125, in the New Hanover County Registry (herein the "Declaration"); and WHEREAS, the Declarant is the Owner of all of the interest and equity in that certain tract of land described in Exhibit A attached hereto and incorporated herein by reference (as further defined below, herein called the "Property"), known as Stones Edge, Phase I and 2; and WHEREAS, in accordance with Section 2 of Article XIV of the Declaration, the Declarant has the right to amend the Declaration in its discretion, as long as the Declarant owns any of the Property; and WHEREAS, the Declarant desires to amend the Declaration as provided herein. NOW THEREFORE, in consideration of the premises and of the mutual benefits and duties herein contained, Declarant hereby amends the Declaration as follows: Prepared By & Return 73705v2 To: MTG, PLLC DEB It 2014 �Y: 1. Subsection a. of Section 3. of Article VI of the Declaration is amended to read in its entirety as follows: a. The initial annual assessment for each Lot shall be established by the Declarant, but shall not exceed Four Hundred Dollars and No/100 ($400.00) per lot, and shall be due and payable effective January 1, 2007. 2. Section 6 of Article VI of the Declaration is hereby deleted in its entirety. Section 4 of Article VII of the Declaration is amended to read in its entirety as follows: 4. Minimum Size of Residence. No residence smaller than 1,780 square feet of heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be constructed or located on any building Lot. Provided, that in cases where the area is not more than ten percent (10%) below the minimum above set out, Declarant, or its designated agents, may, at their option, approve the construction of the dwelling if it is in conformity with the general development of the Residential Community. In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is on the same utility hookup as the main dwelling and is a finished part of the constructed living space. 4. Section 12 of Article VII is amended in its entirety to read as follows: 12. Water. All water to be used in said subdivision for any purpose whatsoever shall be obtained from New Hanover County, its successors or assigns, unless other sources are approved by the City -County Board of Health of New Hanover County and Wilmington, North Carolina, or its successors, or the Declarant. An area within an eight (8) foot radius from each water meter shall be subject to an easement for maintenance and repair of such meter. Lot Owners may, however, with the Declarant's consent, drill shallow wells for irrigation purposes and for non - domestic use, provided that said wells and pumps are located so as not to be visible from the streets, are properly enclosed and landscaped, and comply with all laws, rules and regulations applicable thereto, and with any restrictions placed on the depth thereof as may be adopted by the Declarant. 5. Section 33 of Article VII is amended to read in its entirety as follows: 33. Stormwater Management: All Lots shall be subject to the State of North Carolina rules and regulations concerning stormwater runoff as these rules are amended from time to time (the `Stormwater Regulations"). Without limiting the foregoing, Declarant hereby reserves the right to impose additional restrictions upon the Properties as and to the extent required by the terms of the stormwater permit for the Residential Community as issued by the State of North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a Supplemental Declaration, and no joinder or consent of the Association or any other Owner or Person shall be required on such Supplemental Declaration. The covenants in this Section 33 are intended to ensure compliance with State Stormwater Management Permit Number SW8 050709 applicable to the Property (the "Stormwater 73705v2 2 Management Permit"), issued by the State of North Carolina, Division of Water Quality, or its successor agency, under NCAC 2H.1000, as in force now or in the future. The Stormwater Management Permit and the Stormwater Regulations currently provide: a. Each Lot shall be subject to the requirement that the allowable built - upon area per Lot shall be limited to 3750 square feet of impervious surface, in of right-of- way structures, pavement, walkways or patios of brick, stone, or slate, but not including wood decking. Said covenant cannot be changed or deleted without consent of the State of North Carolina. b. This covenant will be binding on all Owners, and all persons claiming under them, shall be appurtenant to and run with the land, and may be enforced by the State of North Carolina. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. This covenant may not be altered or amended without the express written consent of the State of North Carolina, Division of Water Quality, or its successor agency. d. Alteration of the drainage as shown on the approved Stormwater Management Permit may not take place without the concurrence of the State of North Carolina, Division of Water Quality, or its successor agency. e. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. Section 10 of Article ViI is amended to read in its entirety as follows: 10. Fences. No fence or vegetative hedge may be erected, installed, maintained or grown on any Lot unless prior written approval is obtained from the Declarant. No fence or vegetative hedge may be erected, installed, maintained or grown within any utility easement located on any of the Property. No fence or vegetative hedge shall be permitted nearer the front Lot line than the rear comers of any residence constructed on said Lot unless prior written approval is obtained from the Declarant. No vegetable garden shall be permitted nearer the front Lot line than fifteen (15) feet back of the back corner of the residence constructed on said Lot. The Owner of any Lot on which any buffer fence has been installed by the Declarant shall be responsible for the repair and maintenance of any such buffer fence in its original condition. In the event of a breach of this covenant, the Declarant reserves the right to enter upon said Lot and perform any necessary repair or maintenance at Owner's expense. The cost of the work necessary to correct any such condition may be assessed against the Lot as a Specific Assessment as provided herein. The Declarant may assign the responsibility of maintenance and repair of any buffer fence to the Association and, in such event, the Association shall assume the responsibility of said maintenance and repair. All fences shall be constructed of wood or similar materials, with the finished side on the outside. 73705Y2 3 Section 36 of Article VII is amended to read in its entirety as follows: 36. Recreational Pathways. Recreational pathways within the Residential Community may be used only by bicycles, pedestrians, and pedestrian moving devices which are quiet and otherwise satisfy the requirements of this section. "Pedestrian moving devices" used within the Residential Community shall not exceed the size of a standard golf cart. Persons using pedestrian moving devices upon wooden structures within the Residential Community do so at their own risk; Declarant makes no representation of the weight Iimitations of any such wooden structure and assumes no liability for the operation of any vehicle or device upon such structures. ATV's are not permitted in the subdivision. 8. Section 35 of Article VII of the Declaration is amended to read in its entirety as follows: 35. Road Use. The roads are to be used by vehicles or pedestrians for the purposes of transportation only. At no time shall any vehicle exceed the speed limit as determined by the Association or any applicable governmental authority. No permanent, frequent, or long-term parking is permitted along or on roads, the road shoulders or the road right of way, except in specifically designated areas. No portable or temporary structures of any kind, including but not limited to basketball goals, soccer goals, football goals, archery targets, and pistol, shotgun or rifle targets, are permitted on the roads, the road shoulders or the road right of way, nor may such structures be placed on any Lot in such a way that the use of any road is impeded. The Association may adopt reasonable rules and regulations regarding the supervision, maintenance, control, regulation and use of the roads and promenades, and to enforce the same in any lawful manner which may include, but not be limited to, the imposition of fines for violations thereof, which fines shall be Specific Assessments. 9. Except as specifically set out herein, the Declaration shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be signed in its name by its duly authorized officers, under seal, the day and year first set out above. HOLLY TREE INVESTMENTS, LLC 73705vz 4 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, .1J4r--' �J. P'dc-IS 0/� , a Notary Public of the State and County aforesaid, certify that Ernest D. Hackney, Jr. personally carve before me this day and acknowledged that he is the Executive Manager of Holly Tree Investments, LLC, a North Carolina limited liability company with its principal office in New Hanover County, and that by authority duly given, the foregoing instrument was signed in its name by its Executive Managers on behalf of the limited liability company. WITNESS my hand and official seal thisc4 day of 2007. Notary Public My Commission Expires; _ia -/V- zoij 73705Yz 5 90- 003 y z Y too, 6$'10 % 4�i13d iN CONSENT OF MORTGAGEE BRANCH BANKING & TRUST COMPANY, of Wilmington, North Carolina, is the holder of that certain Deeds of Trust on the property as described in the foregoing Supplemental Declaration of Covenants, Conditions and Restrictions for Stones Edge, Phase 2, said Deeds of Trust having been filed in Book 4750 at Page 703 and was amended in Book 4971, Page 93 and Deeds of Trust Fled in Book 5031, Page 1081 and Book 5133, Page 165, all in the Office of the Register of Deeds of New Hanover County, and as holder of said Deeds of Trust does hereby consent to the terms, conditions and covenants in the foregoing Supplemental Declaration and agrees that the lien of said Deeds of Trust is subject to the terms, conditions and covenants contained in said Supplemental Declaration. In witness whereof, BRANCH BANKING & TRUST COMPANY and BB&T COLLATERAL SERVICE CORPORATION, as Trustee have caused this Consent of Mortgagee to be signed in their names by their duly authorized officers and their seals to be hereunto affixed by authority of their Board of Directors, this the 4-day of: 2007. BRANCH BANKING & TRUST COMPANY By: S ILV President BB&T COLLATERAL SERVICE CORPORATI By; PdAident 737Usvz 6 STATE OF NORTH CAROLINA COUNTY OF —Qcz�� C. lie ,,.� _ , a Notary Public of the State and County aforesaid, certify that %r Z4.-V 'F r personally came before me this day and acknowledged that he/she is S President of Branch Banking & Trust Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ��w�vic� _ President. WITNESS my hand and official seal this 2007. My Commission Expires: 51 ►'�iao1.- STATE OF NORTH CAROLINA Q�aai' � 00 p11$� A day of Notary Public I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged thatbp/she is & President ofBB&T Collateral Service Corporation, Trustee, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its au- President. WITNESS my hand and official seal this _ day of , 2007. Notary Public - 9N.-Va My Commission Expires:�' 1+01 a` 090�VERG 73705v2 7 \Biist*q,% REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 **►**##H*#stw••**#�*##ew#*##e+*##esmfe***#f�►#*#####*#######*###*t####*####w�*###a*#*##s**#e*Y##s**###rfrM#*+►***###k#yi Filed For Registration: 0510412007 02:33*24 PM Book: RE 5178 Page: 847-854 Document No.: 2007022821 AMEND 8 PGS $32.00 Recorder. PHELPS, MICAH 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. *2007022821* 2007022821 Nelson, Christine From: Tripp Engineering [trippeng@ec.rr.coml Sent: Thursday, February 20, 2014 3:24 PM To: Nelson, Christine Cc: 'Phil Tripp' Subject: FW: SW8 050709 - Madison Park / Stone's Edge Attachments: Deed Restrictions Stones Edge.pdf Christine, Deed Restrictions are located at Book 5179 page 847. I've attached a copy for your use. Let me know if you need anything else. Della Baird Tripp Engineering, P.C. (p) 910.763.5100 (f) 910.763.5631 trippeng@ec.rr.com NOTICE: This electronic correspondence and all attachments may contain privileged information intended only for the use of the addressee. Any information contained within this, correspondence is provided for your convenience. No assertion of accuracy is made by Tripp Engineering, P.C. unless physical documents are obtained, sealed AND signed. User assumes all responsibility for use of this digital information. From: Nelson, Christine[maiIto: christine.nelson @ncdenr.c�ov] Sent: Thursday, February 20, 2014 1:01 PM To: Phil Tripp Subject: SW8 050709 - Madison Park / Stone's Edge Phil, Please provide the book and page numbers for the recorded deed restrictions. The pages provided on 2/19/2014 do not include this information. Thanks, Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Nelson, Christine Sent: Thursday, February 20, 2014 1:01 PM To: 'Phil Tripp' Subject: SW8 050709 - Madison Park / Stone's Edge Phil, Please provide the book and page numbers for the recorded deed restrictions. The pages provided on 2/19/2014 do not include this information. Thanks, Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Corolino Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 February 19, 2014 NCDENR Division of Energy, Mineral and Land Resources 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Christine Nelson Re: Madison Park Project No. SW8 050709 TE 04118 Dear Christine: In response to your Notice of Inspection dated November 22, 2013, we offer the following: 1. A copy of the signed designer's certification is provided. 2. A copy of the recorded deed restrictions is provided. 3. A Name/Ownership Change form will be provided by the BOA. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. ly, 9 Phillip G. Tripp, P PGT:dcb cc: Deans Hackney Enc. ECEIVE FEB 19 2011 BY: RECEIVED FEB 19 20A Date: 02/ 10/2014 To: Ernest Deans Hackney P.O.Box 3442 Wilmington, NC. 28406 From: Stones Edge H.O.A. William Passmore --- President I-I.Q.A. Subject: D.E.N.R. Permit Transfer: Permit # SW8 050709 TkIr. Hackney: In regards to your request for the H.O.A. to complete & return the State Stormwater Name/Ownership Change Form, I am responding as follows. On 02/05/2014, 1 visited the offices of D.E.N.R. located on Cardinal Drive Wilmington and reviewed the file for permit SW8 050709. My review of the file and discussion with Mr. Cameron Weaver (N.C. D.E.N.R. personnel) raised several concerns about the current status of the permit, including the deficiencies identified by Christine Nelson (DENR Environmental Engineer) in her Compliance Inspection Report Dated November 22, 2013. That report concluded Permit SW8 050709 is Non -- Compliant, citing multiple deficiencies. Given the current Status of the Permit, the H.O.A. is not willing to execute the change in ownership forms until such time as the permit is in compliance with all D.E.N.R. requirements and passes Compliance Inspection. In addition to the iterns of Non -Compliance identified in the November 22, 2013 report, I was only able to locate the Engineering Certifications for Pond 91. I was unable to locate any similar certifications for ponds 42 and 43. It is my sincere hope that the issues above can be remedied in short order so that we can proceed with an orderly change in ownership. Please direct any response or request for additional information to C.E.P.C.O., Attn: Kyle Berzina. Respectfully, William Passmore CC: D.E.N.R. Attn: Christine Nelson 127 Cardinal Drive, Ext. Wilmington, NC. 28405 CC: CEPCO Kyle Berzina Y___J III h� FEB 13 2014 I BY: 050709 Nelson, Christine From: Nelson, Christine Sent: Monday, January 27, 2014 4:24 PM To: 'Michi Morton' Subject: RE: Madison Park 1 Stone's Edge The Organization listed would be the HOA. The signing official would be the current President or Vice President of the HOA. The title would be either President or Vice President. Section V — yes, that would be the HOA listed in the blank. The Section V signature space is for the HOA. It will become the HOA's responsibility to comply with the permit so it would be wise to review the permit and documents so you know what the conditions are. You have the ability to review the permit, plans, and other documentation by either obtaining a copy of all the documents from the current permittee or by scheduling a review of the file and permit here in the Regional Office. Assuming the HOA will own the common areas and such, Section VI does not apply. Let me know if you have any more questions! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Michi Morton [mailto:michiwaga@hotmail.com] Sent: Monday, January 27, 2014 3:41 PM To: Nelson, Christine Subject: RE: Madison Park / Stone's Edge Christine: Our HOA is in the process of filling out the paperwork to start the process. The application requests: Proposed permittee's company name/organization: would that be Stones Edge Homeowners' Association Proposed Permittee's signing official's name: who would be authorized to sign this? Proposed permittee's title: what do we put here Section V: proposed permittee certification: I herebey notify DWQ that I have acquired.....(what do we put here; name of HOA?) Under the section to sign and have notary signature "I have reviewed permit, approved plans and other documents"...it doesn't seem like the HOA would sign there because how can we attest to that section? Section VI: would that be applicable in this case? Thanks for your help! From: christine.nelson@ncdenr.gov To: michiwaga@hotmail.com CC: georgette.scott@ncdenr.gov Subject: RE: Madison Park / Stone's Edge Date: Wed, 22 Jan 2014 15:46:29 +0000 1) You are correct. DENR will not transfer the permit until the project is compliant with the stormwater permit OR the new owners, in writing, accept responsibility for correcting the compliance issues. Inspections to determine the compliance status of the project typically are triggered by either a request to inspect the site or are done when the transfer paperwork has been submitted. 2) The deed restrictions are required per Section 11.12 of the permit I provided to you earlier. The importance of those deed restrictions is to limit the amount of built -upon area allowed for each lot. For this project, each lot is allocated 3,750 sq ft of built -upon area. The two wet detention ponds are designed to treat a certain amount of built -upon area and if any of the lots exceeds the allotted 3,750 sq ft, it creates a compliance problem that would require the permit to either be revised or modified. 3) If you wish to submit the portions of the quote(s) that identifies the items that need repair, that would be helpful. Please keep in mind that any cosmetic items identified in the quote(s) may not necessarily be items that the division would consider to be a compliance problem. The goal of the inspection is to make sure the systems are built according to the plans, being maintained, and are functioning properly. hope this helps. Let me know if you have any more questions. Christine Emoil correspondence to and from this address is subject to the North Carolina Public Records taw and moy be disclosed to third parties unless the content is exempt by statute or other regulation. From: Michi Morton [maiIto michiwaga(&hotmail.com] Sent: Tuesday, January 21, 2014 7:47 PM To: Nelson, Christine Subject: RE: Madison Park / Stone's Edge Christine: Just had a few more questions before our HOA meeting before Wed night. 1) From talking to you, was i correct to understand that if the HOA fills out the paperwork that we have received from Hackney that will then trigger DENR inspection and no transfer to the HOA will occur UNLESS stormwater passes inspection? 2) Can u explain again what the deed restrictions are and their importance. 3) We have received pond maintenance quotes and within those quotes are some highlighted (probably small repairs) to the ponds or drainageds this information we could forward to you has information for the inspection? Essentially we dont want to takeover the ponds and stormwater permit ifthere are repairs needed and Hackney is obligated to fix. Thanks for your feedback. From: christine.nelson@ncdenr.gov To: michiwa a hotmail.com Subject: Madison Park / Stone's Edge Date: Fri, 10 Jan 2014 17:13:35 +0000 Michelle, I have attached a copy of the permit for you. This doesn't include the application, supplement forms, and operation and maintenance agreements that were submitted to obtain the permit. Unfortunately, we don't have those electronically but you can certainly schedule a file review to take a look at those. I did look in our database and confirmed that the expiration date of this permit has been extended until December 29, 2019. As far as maintenance of the stormwater system, here's a link to the current operation & maintenance agreement for ponds: http://portal.ncdenr.org/c/document librar et file?uuid=a5bfccOa-e5ff-4397-a243- 05248c62cf6d&Rrouold=38364 This may differ from the older one that was likely signed when this project was permitted but should give you an idea of the types of maintenance activities that should take place. Hope this helps and please let me know if you have any more questions. Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29M Ralfph. NC 27626-0622 {919)807-2000 Date: 11 /21 /2013 Click here to: View Document Filings PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC STONES EDGE PROPERTY OWNERS' LEGAL ASSOCIATION, INC. Non -Profit Corporation Information SOS I D: 0913042 Status: Current -Active Effective Date: 5/10/2007 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: CONSOLIDATED ESTATE & PROPERTY CONTROL CORPORATION Office Address: 2502 S. 17TH STREET WILMINGTON NC 28401 Mailing Address: 2502 S. 17TH STREET WILMINGTON NC 28401 Principal Office Office Address: 2502 S. 17TH STREET WILMINGTON NC 28401 Mailing Address: 2502 S. 17TH STREET WILMINGTON NC 28401 Officers This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 2005 http,//www.secretary.state.nc.us/corporations/Corp.aspx?Pitem]d=8183834 11 /21 /2013 Nelson, Christine From: Nelson, Christine Sent: Wednesday, .Tune 04, 2014 8:21 AM To: 'Kyle Berzina'; Deans Hackney Subject: RE: Madison Park aka Stones Edge SW8 050709 That will work perfectly. Thank you. Email correspondence to and from this address is subject to the !North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Kyle Berzina [mailto:kyle@cepco-nc.com] Sent: Tuesday, June 03, 2014 6:14 PM To: Deans Hackney CC: Nelson, Christine Subject: Re: Madison Park aka Stones Edge SW8 050709 I will forward an official copy of our HOA owners list to you tomorrow morning. This list is derived directly from the closing attorneys. It should show/confirm the numbers Mr Hackney is referencing. Kyle J. Berzina, CMCA, AMS Director of Operations CEPCO Consolidated Estate and Property Control Corporation 2502 South 17th Street Wilmington, North Carolina 28401 Please visit us at w►► w.cepcu-nc.com (910) 313-2311 Direct (910) 395-1500 Ext. 2311 Office (910) 395-6229 Fax kvlen.cepco-nc.com On Jun 3, 2014, at 5:43 PM, "Deans Hackney" <llollvtreellcnaol.c:om> wrote: Christine, What kind of documentation can Holly Tree give? The HOA should have a list of all lot owners. BB&T sold 22 lots to Stevens which I believe he has sold all but 6. We bought back the rest and have sold them all. (Sold meaning to individual homeowners.) Based on that math. There should be at least 59 homeowners. That works out to 91 %. Deans Hackney -----Original Message ----- From: Nelson, Christine <christine.nelsonCd)ncdenr,gov> To: Kyle Berzina <kvle(o)cepco-nc.com> Cc: Deans Hackney <hollytreellc(d)aol.com>; Passmore William E <William.E.Passmore(cD-irs.gov> Sent: Tue, Jun 3, 2014 1:52 pm Subject: RE: Madison Park aka Stones Edge SW8 050709 { CEX C 0 rr.r. _ .T—k h.r,n,r „mot r.,p Homeowner List Stones Edge Property Owners Association, Inc. (580) Homeowner Status - Multiple Selected Date: 6/412014 Time: 8:51 am Page: 1 Account* NamelAddreSslEmall C xgniVLoVBIock Phones - Status' ,`r " Alternate Addresses 6B00058 Daniel Leonard L: 0058 H: 718-723-0074 Current Owner Owner's Offsite Address 303 Briercrest Drive C: 917-309-4394 Daniel Leonard Wilmington, NC 28405-0450 W: 347-694-1925 172 30 133Rd Ave. Daniel, Leonard@Att. Net Apt 3G Jamaica, NY 11434-3916 6800059 William Passmore & Reba Passmore L: 0059 W. (910) 254-5130 Cuttent Owner ? Ill Wilmington, Briercrest Drive - — - -- - ---- — --- - Willmington, NC 28405-8450 passmore.reba(Mgmail.com 6800060 Anthony Crider & Manic Crider L: 0060 C: (910) 284-0626 Current Owner 311 Briercrest Drive Wilmington, NC 28405-8450 6800061 Paul Tiso & Jennifer Tiso 315 Briercrest Drive Wilmington, NC 28405-6450 Ptiso@Kellersinc.Com, jeneholly72(83ec_rr.com 6800001 Stevens Building Company 107 Northbrook Drive Wilmington, NC 28405 L: 0061 L: 0001 H: (910) 794-6692 Builder - Billable Owner's Otfsite Address W: (910) 794-8699 Stevens Building Company 5710 Oleander Drive #200 Wilmington, NC 26403 800002 Stevens Building Company L: 0002 H: (910) 794-8692 Builder - Billable owner's Offstte Address 111 Northbrook Drive W: (910) 794-8699 Stevens Building Company Wilmington, NC 28405 5710 Oleander Drive #200 _ _ Wilmington, NC 28403 Bnnnn3 Stevens Ruildinn Comnanv L• 0003 H: (910) 794-B692 Builder - Billable Owner's Offslte Address 115 Northbrook Drive W: (910) 794.8699 Stevens Building Company Wilmington, NC 28405 5710 Oleander Drive #200 Wilmington, NC 28403 6800004 •Stevens Building Company L: 0004 H: (910) 794-6692 Builder- Billable Owner's Offsite Address 119 Northbrook Drive W: (910) 794-8699 Stevens Building Company f Wilmington, NC 28405 5710 Oleander Drive #200 Wilminaton. NC 28403 6800005 Kevin Reynolds 123 Northbrook Drive Wilmington, NC 28405 L: 0005 Current Owner 6800006 Stevens Building Company L: 0046 H: (910) 794.8692 Builder - Billabl 127 Northbrook Drive W: (910) 794-6699 Wilmington, NC 28405 6B00065 Jeff Graham & Cathy Graham L: 0065 H: (910) 399-5488 Current Owner 139 Northbrook Drive Wilmington, NC 28405-8450 jg raham525@g mail.com, 6800066 6B00067 Bobby Hildreth & Katie Hildreth 143 Northbrook Drive Wilmington, NC 28405-8450 James Reginald Cox & Jennifer Hedler Cox 147 Northbrook Drive Wilmington, NC 28405-8450 maseyandspanky@yahoo.com L: 0066 Uwners Uttsito Address Stevens Building Company 5710 Oleander Drive #200 Wilminaton. NC 28403 L: 0067 H: (910) 827-0928 Current Owner Emergency Contact Info C: (910)-740-7454 Ted Hedler H: (910) 740-2620 6800036 Barbara Billings L: 0036 Current Owner L 1504 Stones Edge Loop Wilmington, NC 26405-8450 _ 6800010 Harold Merritt & Kim Merritt L: 0010 _ H: (910) 313-6599 Current Owner 1505 Stones Edge Loop Wilminaton, NC 28405-8450 6800035 1509 Stones Edge Loop Wilmington, NC 28405 Todd Wilson & Rachel Wilson 1510 Stones Edge Loop Wilmington, NC 28405-B450 to d d, c. wilso n l@ h otm a i 1. c o m, rachelefulter@hotmail.com L: 0035 H: (910) 796-6703 Current Owner C: (714) 457-3593 W: (910) 791-6582 E G *� SUN �24% CINCSystems, Inc. Copyright 2014 . All rights reserved. Qk- U BY: r.. —=�y .v —`w u �� � �y+!i ✓j +; J� ..� i=;'s �. �'� �A . - i�a! CE,P C 0 Homeowner List Stones Edge Property Owners Association, Inc. (680) Homeowner Status - Multiple Selected Date: 614/2014 Time: 8:51 am Page: 2 Account # Name/Address/Email,,, Unit/Lot/Block = -Phones.., . Status r-Atternate'Addresses 6800012 Shauna Gray Turner 10012 C: (910) 520-9310 Current Owner Emergency Contact Into 1513 Stones Edge Loop i Wilmington, NC 28405 Myra Robbins shaunagtumor@gmail.com (910) 350-6954 6800034 Diane Macleod L: 0034 1 (910) 799-4221 Current Owner 1516 Stones Edge Loop C: (914) 374-8210 Wilmington, NC 28405-8450 6800013 Matthew Rosenberg & Ashley Rosenberg L: 0013 Current Owner 1517 Stones Edge Loop f Wilmington, NC 28405 6800014 John N. Jahnes & Laura C. Rogers L: 0014 1521 Stones Edge Loop Wilmington, NC_ 28405 6800033 _ Cindy Scott L: 0033 j 1522 Stones Edge Loop Wilmington, Wilmington, NC 28405-8450 G i ndy s� 5 sieg e8aw. G o m 6800015 Lakisha M. Davis L: 0015 1525 Stones Edge Loop Wilmington, NC 28405 lakisha.davis78@gmail.com Current Owner W: 110) 256-2292 Current Owner C: (910) 297-3538 Current Owner Emergency Contact Info W: (910) 667-3619 Iraca Bernanc 619-5007 6800032 Joseph Williams & Lauren. Stewart L' 0032 H: (910) 612-7736 1528 Stones Edge Loop C: (910) 233-9738 Wilmington, NC 28405-8450 6800016 Mary Elizabeth Taylor L 0016 Current Owner 1529 Stones Edge Loop Wilmington, NC 28405 6800017 Corey M. Bates & Tamisha Bates L: 0017 WH: (910) 399-2229 Current Owner 1533 Stones Edge Loop i Wilmington, Wilmington, NC 28405 cobates35@?gmail.com 6000031 Stephen Sasser 10031 C: (910) 620-8640 Current Owner Owner's Offsite Address 1534 Stones Edge Loop Stephen Sasser Wilmington, NC 28405-8450 6550 Jadewood Drive Drsesser@Gmail.Com; Wilmington, NC 28411-8425 Nicholas Hoffman & Chr 1537 Stones Edge Loop Wilmington, NC 28405 0018 6800030 Phillip Pope & Wendy Pope 10030 Current Owner 1540 Stones Edge Loop Wilmington, NC 28405-8450 _ popefam4@ec.rr.com _ 6800019 Kyle Corey & Elizabeth Corey 10019 C: (381) 249-4296 Current Owner Emergency Contact Into 1541 Stones Edge Loop Karen Corey Wilmington, NC 28405 e-corey@live.com 6600020 Casey I. Richard & Renee A. Leone L: 0020 H: (910) 399-4375 Current Owner Emergency Contact Info 1545 Slones Edge Loop C: (805) 490-3822 Rich Leone Wilmington, NC 28405 cirwinricha rd@g mait.com; raleone04®aol.com H: (772) 589-9521 C:(772) 913-1641 6600029 Caroline M, Park L 0029 Current Owner 1546 Stones Edge Loop I Wilmington, NC 28403 i L____Sarolinct.paLk@ppdi.corn 6800021 Richard D. MacDonald, Jr. L. 0021 Current Owner 1549 Stones Edge Loop Wilmington, NC 26405 CINCSystems, Inc. Copyright 2014 . All rights reserved. CEX C 0 Homeowner'List' Stones Edge Property Owners Association, Inc. (680) Homeowner Status - Multiple Selected pate: 6/412014 ilme: 8:51 am Page: 3 ' ccount # Name/Address/Email ' +' UnitlLot/Block , `,Phones Status"Alternate'Addresses' 6800028 David Bleaking L: 0028 Current Owner 1552 Stones Edge Loop Wilmington, NC 28405 dbleaking@gmail.com _ 6B00022 Lynn Gesten L: 0022 H: (91 D) 399-2308 Current Owner 1553 Stones Edge Loop C: (908) 420-6817 Wilmington, NC 28405-8450 6800023 Juan Enrique Perez, Jr, L: 0023 Current Owner 1557 Stones Edge Loop S L Wilmington, NC 28405 ' 680OD27 Lucas Martins & Stephanie Smoyer L: 0027 Current Owner 1558 Stones Edge Loop Wilmington, NC 28405-8450 6800024 Willie Johnson & Elizabeth Johnson L: 0024 Current Owner 1561 Stones Edge Loop j Wilmington, NC 28405 _ _ i 6800026 Christopher Pedersen & Tara Pedersen L: 0026 H: (540) 654-5D57 Current Owner Owner's Offaite Address 1564 Stones Edge Loop C: (910) 545-6682 Christopher Pedersen Wilmington, NC 28405-8450 PO Box 793 Pedersen.Ct@Gmail.Com Fredericksburg, VA 22404 BBOD025 Michele Morton & John Derbyshire L: 0025 Current Owner 1570 Stones Edge Loop Wilmington, NC 28405-8450 68DO043 Alejandro Satelo & Kevin Tabron L: 0043 H: (910) 297-1021 Current Owner 1602 Stones Edge Loop W: (910) 470-2241 Wilmington, NC 28405-8450 alexsote lo78@g mail.com, Kraoron(glec,mcom 6BOD044 Mark Hager & Barbara Hager L: 0044 C: (91 D) 386-8937 _ Current Owner 1603 Stones Edge Loop W: (910) 350-1903 Wilmington, NC 28405-6450 _ barbara.hager'13�sgs�com __ 6800042 Patrick Welker & Jeclyn Welker L: 0042 Current Owner 1606 Stones Edge Loop Wilmington, NC 28405 jactyn.jordanlog mail, com _ 6800045 Patrick Savage & Jessica Savage L: 0045 Current Owner 1507 Stones Edge Loop Wilmington, NC 28405-8450 _ 5800041 James Starman & Louise Starman L: 0041 C: (563) 940-2789 Current Owner 1610 Stones Edge Loop W: (910) 819-5082 Wilmington, NC 28405-8450 Jandlstarman@Gmail.Com BOOD046 Kezia Dixon & Calvin Dixon L: 0046` H: (910) 352-5827 Current Owner 1611 Stones Edge Loop C: (910) 431-1403 _ Wilmington, NC 284D�8450� _ W: (910) 332-3660 6800040 Tyler Lampe &Brooke Lampe L: 0040 H: (603) 3OO-9D64 Current Owner 1614 Stones Edge Loop W (602) 501-2366 Wilmington, NC 28405-8450 Brooke. E, Lampe@G mail. Com 6800047 Lynn Mitchetl & Timothy Mitchell L: 0047 Current Owner 1615 Stones Edge Loop Wilmington, NC 28405-8450 _ 6800039 Lana Schultzman L:0039 H: (910) 987-1306 Current Owner 1618 Stones Edge Loop C: (910) 987-1306 Wilmington, NC 28405-8450 Lanaoliver1009®Yahoo.Com 6800048 Jessica Marie Ebom � - 004B� 1619 Stones Edge Loop L_ Wilmington, NC 28405-8450 6B00038 James Darrell Gibbs & Courtney L. Gibbs L: 0038 1622 Stones Edge Loop Wilmington, NC 28405 couMneysehoang mail,com BOOD049 Adam Stuart Pike & Lara G. Pike L: 0049 1623 Stones Edge Loop wlmington, NC 28405 Current Owner (91 D) 578-D917 Current Owner Emergency Contact Info (91 D) 366-219B Wanda Downs Current 580-9025 CINCSystems, Inc, Copyright 2014 , All rights reserved. VEAPCO Horrieowner List. _ Stones Edge Property Owners Association, Inc. (660) Homeowner Status - Multiple Selected Date: 614/2014 Time: 8:61 am Page: 4 Account # HarrlelAddressfE nail Unit1LoV13[ock `. Phones ,.. '' Status Alternate Addresses 6800037 David Kenneth Stauffer L: 0037 Current Owner 1626 Stones Edge Loop _ _ Wilmington, NC 28405 _ 6900050 Eric M. Coble & Kathleen A. Coble L: 0050 C: (910) 431-6005 Current Owner 1627 Stones Edge Loop W. (910) 452-7175 Witmington, NC 28405 _ _ kcoble®loganhomes.corn S 6800009 Kimberly Kay Grigsby & Gregory W. L: 0009 H: (318) 675-9072— Current Owner Grigsby C: (318) 21 B-7048 1702 Stones Edge Loop W: (910) 330-3326 Wilmington, NC 28405 gregorywgrigsby@hotmail.com 5000062 Daniel Moore & Mary Moore L: 0062 Current Owner 1703 Stones Edge Loop Wilmington, NC 26405 6450 I 6800008 Charles Chase & Wlhelmina Chase L: 0008 Current Owner 1706 Stones Edge Loop Wilmington, NC 28405-8450 6800063 Patriot Equity, LLC L: 0063 C: (914) 382-6679 Current Owner Owner's Offaite Address 1707 Stones Edge Loop Patriot Equity, LLC i Wilmington, NC 28405-8450 29 Van Campon Blvd Suite 117 I Cmarinodevina@Hotmail.Com —Wilmington-NC 28403 i 6B00007 Antoino Lopes & Alaire Lopes L. 0007 Current Owner 1710 Stones Edge Loop Wilmington, NC 28405-6450 _ 6800064 �v Monica Simpson & Chamika Smokes L: 0064 H: (910) 228-5036 Current Owner 1711 Stones Edge Loop C: (910) 616-7545 wlmington, NC 26405-8450 _ _ _ W: (910) 796.9958 6800057 Tracey Frink & Sharon Frink L: 0057 H: (910) 799-13941 Current Owner 1502 Wynstone Court C: (910) 538-6168 Wilmington, NC 28405-8450 W: (910) 798-4518 B(ggdogg1125QYahoo.Com EB00051 Kenneth Niebauer 8 Shirley Niebauer L: 0051 _ Current Owner 1503 Wynstone Court Wilmington, NC 28405-8450 __ Niebauerkl®GmaiI om- 5800056 Harold Green & Susan Green L: 0056 Current Owner 1506 Wynstone Court Wilmington, NC 28405-8450 smg00095@hotmail.com 6860052 John Spainhour L: 0052 _ H: (843) 343-6871 Current Owner Owners Offsite Address 1507 Wynstone Court C: (843) 343-6871 John Spainhour � Wilmington, NC 28405-8450 207 W. Franklin Street i John_Spainhour@Pender.K12.Nc.Us Williamston, NC 27892_—____�__ —� 6800055 Michael Rovtar & Barbara Rovtar L: 6055 H: (910) 399-7903 Current Owner 1510 Wynstone Court Wilmington, NC 28405-8450 ascubegrri@aoLcom 8800053 David Geles & Leigh Gates L: 0053 Current Owner 1511 Wynstone Court Wilmington, NC 28405-8450 gates.leigh@gmail.com,L — davidfrank9a1es@9MpAcom k 6800054 James Torok & Tyler Torok L: 0054 H: (919) 264-3209 Current Owner 1515 Wynstone Court Wilmington, NC 28405-8450 jto rok @ st u rdyco r p . co m, jxt. stonesedgehoa@gmail.com Stones Edge Property Owners Association, Inc. Total 67 CINCSystems, Inc. Copyright 2014 . All rights reserved. Nelson, Christine From: Nelson, Christine Sent: Tuesday, June 03, 2014 1:52 PM To: 'Kyle Berzina' Cc: Deans Hackney; Passmore William E Subject: RE: Madison Park aka Stones Edge SW8 050709 Kyle, Thanks for the a -mail. The deed you provided actually helps with item 2 from the 5/22/14 letter as well. Documentation or confirmation from Holly Tree Investments, LLC is still needed to confirm that at least 50% of the lots have been sold to other owners (Item 43). We just need to be sure the permit shouldn't go to another developer or home builder first. I doubt that is the case here, but still need to have the paperwork to support that the homeowners own the majority of the subdivision. Thanks again! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Kyle Berzina [maiIto: kylegacepco-nc.corn] Sent: Friday, May 30, 2014 3:55 PM To: Lewis,Linda; Nelson, Christine Cc: Deans Hackney; Passmore William E Subject: RE: Madison Park aka Stones Edge SW8 050709 To: Division of Energy, Mineral and Land Resources (DEMLR) Attention: Christine Nelson and Linda Lewis CEPCO and the Stones Edge Property Owner's Association were copied recipients of the attached letter addressed to Mr. Deans Hackney dated May 22, 2014. To help assist with your Request for Additional Information, I have included the following: • Pertaining to Item #3: "Legal Documentation showing that the Declarant has conveyed at least 50% of the units or lots to owners other than a Declarant": o According to our CEPCO records, Holly Tree Investments, LLC owns no lots. o A copy of the common area deed is attached. • Pertaining to Item #4 -- "If you have it, please provide documentation, such as meeting minutes, indicating Mr. Passmore is the President of Stones Edge Property Owner's Association, Inc.": o A copy of the December 17, 2013 minutes which designate Bill Passmore as the Association's Board of Directors President is attached. alson, Christine From: Kyle Berzina [kyle@cepco-nc.com] Sent: Friday, May 30, 2014 3:55 PM To: Lewis,Linda; Nelson, Christine Cc: Deans Hackney; Passmore William E Subject: RE: Madison Park aka Stones Edge SW8 050709 Attachments: May 22 2014 DENR Letter (STED).pdf; Postmarked Envelope.pdf; opr2011029386-1-4.pdf; STED minutes - 12172013.pdf To: Division of Energy, Mineral and Land Resources (DEMLR) Attention: Christine Nelson and Linda Lewis CEPCO and the Stones Edge Property Owner's Association were copied recipients of the attached letter addressed to Mr. Deans Hackney dated May 22, 2014. To help assist with your Request for Additional Information I have included the following: • Pertaining to Item #3: "Legal Documentation showing that the Declarant has conveyed at least 50% of the units or lots to owners other than a Declarant": o According to our CEPCO records, Holly Tree Investments, LLC owns no lots. o A copy of the common area deed is attached. • Pertaining to Item #4 — "If you have it, please provide documentation, such as meeting minutes, indicating Mr. Passmore is the President of Stones Edge Property Owner's Association, Inc.": o A copy of the December 17, 2013 minutes which designate Bill Passmore as the Association's Board of Directors President is attached. Please let me know if you have any questions or I can be of further assistance. Thank you, Kyle J. Berzina; CMCA'x, AM5"=' Director of Operations CEPCO - Consolidated Estate and Property Control Corporation 2502 South 17th Street, Wilmington, North Carolina 28401 Main: (910) 395-1500 / Fax: (910) 395-6229 Office Hours: Monday through Friday, 9:00 a.m. - 5:00 p.m. 1 Pease visit our website at www.cepco-nc.com and Facebook or Linked!n pages! celebrating 31 Years in Association Management! CONFIDENTIALITY NOTICE: This e-mail message fncfuding attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do not wish to receive communications through this medium, please do advise the sender immediately. 2011029M6 ^ A FOR REGISTRATION REGISTER OF DEEDS NEWNIFERHANOV H MACNEICOUNTY, NEW HgNOVER COUNTY, NC 201 ��� BK 55941PGC2106-2109B15 FEE $26 00 I9101 # NINE NORTH CAROLINA GENERAL WARRANTY DEEP] Excise Tax 5-0- Tax Parcel Identifier No R04200-002-104-000, R04204-002-132400, R04200-002-170-000 and R04200-002-171-0000 Verified by County on the day of by Mail after recording to McGuireWoods LLP This instrument was prepared by David E Huffine, McGuireWoods LLP, 300 North Third Street, Suite 400, Wilmington, NC 28401 Brief Description for the Common Area — Stones Edge Subdivision Index THIS DEED made this 2nd day of August, 2011, by and between GRANTOR Holly Tree Investments, LLC, a North Carolina limited liability company P O Box 3442 Wilmington, NC 28406 GRANTEE Stones Edge Property Owners' Association, Inc., a North Carolina non-profit corporation 2502 South 17t' Street Wilmington, NC 28401 Enter in appropriate block for each party name, address, and, if appropriate, character of entity, e g corporation or partnership 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 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 ►n fee simple, all that certain real property and appurtenances thereto, located in New Hanover County, North Carolina as described on "EXHIBIT A" attached hereto and incorporated herein by reference, together with all structures, buildings, parking areas, landscapings, fixtures and other Property improvements placed, constructed, installed or situated on such Property (collectively, the "Property") The Property described herein is hereby designated as Common Area, pursuant to the provisions of the Declaration, and shall be for the sole and exclusive use and benefit of the Members of the GRANTEE The provisions of the Declaration as to the use of said property or Common Area are hereby incorporated herein by reference All or a portion of the property herein conveyed does not include the primary residence of Grantor Maps showing the above -described property are recorded in Map Book 50, Page 157; Map Book 51, Page 375; Map Book 51, Page 39; and Map Book 51, Page 313, all in the New Hanover County Registry TO HAVE AND TO HOLD the aforesaid lots or parcels 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 Utility and drainage easements, easements to governmental authorities and the provisions of the Declaration referenced hereinabove IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer, the day and year first above written. Holly Tree Investments, LLC (SEAL) a North CVol)pa limitgd h4ity company By ( Name. Title SEAL -STAMP NORTH CAROLINA, e COUNTY Nwwwift 1 certify that the following person(s) personally appeared before me this day, each acknowledging to �C it hlE e signed the foregoing document Ernest D. Hackney, Jr., Member/Manager. �,+��� r•••».. F�Q,Q9� r `9 $ ti • Date o1. i R t OT ' s N �Y t Not Public [Official Seal] Print Name- Qy►—i _ L �>rG TL{� ; S.• pUSL1�' •r�� My commission expires C4 o �y,� ER Ca ,.•• 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 Tract 1: That tract or parcel of land containing 1 68 A +/- and shown as "Drainage Easement & Common Area" as shown on a map of Phase 1, Stones Edge recorded in Map Book 50, Page 167, in the Office of the Register of Deeds of New Hanover County, North Carolina Tract 2. That tract or parcel of land contauung 0 973 acres and shown as "Recreational Space (ACTIVE)" on the map of Stones Edge, Phase 2 recorded in Map Book 51, Page 39, in the Office of the Register of Deeds of New Hanover County, North Carolina Tract 3 Those tracts or parcels of land marked "Drainage Easement (Public) & Common Area", "Active Recreation Area & Drainage Easement (Public)" and "Passive Recreation area & Open Space" as shown on the map of Stones Edge Phase 3, recorded in Map Book 51, Page 313, in the Office of the Register of Deeds of New Hanover County, North Carolina. JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 f iiii!!•;fffff;ff;f•iiit*Rfff fff•YRfi*WiRiiYilf fffiYafiaYR*tflYiltiiYf4*RYi4R R**t;*aR*****t•a;f t;t;**ta Rtiff la;;****if R• Filed For Registration 10/27/2011 03 48.15 PM Book RE 5594 Page. 2106-2109 Document No.. 2011029386 4 PGS $26.00 Recorder. CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011029386* 2011029386 Mh ECEOVE MAY 3 0 2014 Meeting Minutes:12/17/13 _ Stones Ede Bo rd of Directors and CEPCO BY: Present: All Board members: Bill Passmore, Anthony Crider, Michele Morton, Courtney Gibbs, Jim Torok, Kyle Berzina, CEPCO. Director of Operations, Mike Head, CEPCO President Start time: 7:05 pm End time: 9:55pm 1. Documentation of offices and terms a. Bill -President (2 yr); Anthony -VP (2 yr); Michele -Secretary (2yr); Courtney and Jim - Treasurers (2 yr) 2. Discussion of BOD meetings & Annual Meeting a. Next meetings: January 22 (at CEPCO; due to length), February 26, March 26 b. Location of SOD meetings to be readdressed, possibly NH County Library c. Annual Meeting to occur in March according to Bylaws, tabled until next meeting 3. Discussion of Ponds a. CEPCO provided documentation received from Deans Hackney, original developer b. Board to review and table action at this time 4. HOA Attorney Services a. Bill Passmore to schedule consultation with attorney Charles Meier b. Bill Passmore and Michele Morton to attend meeting for BOD 5. Grounds Related Matters; Paradise Lawn and Landscape Frank Carilli, Owner a. Discussion -of services/fees; CEPCO provided Paradise documentation of services/fees L $500/month; 4/1-9/30 weekly service; 10/1-3/31 twice/month ii. Includes mow, blow, edge, 3 trimmings/per years, fertilization and turf and plants, additional charges for Bushhogging cutting and pine straw installation b. CEPCO working on retrieving bids from other companies; One received at $800/month c. Discussion of cutting landscape contract and vote; vote did not pass d. CEPCO to arrange Paradise to attend SOD meeting Jan. 22 e. CEPCO to communicate w/Paradise HOA 30 day notice and request an adjusted bid at meeting in Jan. 22 6. Pond Maintenance a. CEPCO to obtain bids b. Decision tabled 7. Community Signs a. CEPCO obtains bids which are expensive for services b. Tabled at this time; will re -address once committees are formed (amenities/improvement committee) 8. Delinquent Assessment a. Capital Contributions were collected sporadically ($50 fee to be collected at closing) b. SOD to look at their own closing sheets to determine if $50 fee collected by closing attorney c. Discussion of sending a notice to collected $50 fee; action tabled. 9. Contact with Stevens Homes a. CEPCO has made several attempts, mostly via e-mail 06/23/05 Stormwater Narrative Madison Park New Hanover County, NC TE04118 Madison Park is a 27.08-acre existing tract proposed for expansion of a 67 lot residential subdivision. 20.49 acres are proposed for development. Within the 20.49 acres, 67 lots at 3,750 sf (251,250 so and 64,070 sf of asphalt streets are proposed. Total impervious percentage is 26.73%. Stormwater will be treated by two on -site wet detention facilities. Drainage basin one is 10.72 acres with 30 lots (112,500 so and 31,849 sf of asphalt pavement or 30.9% impervious. of .-I) Drainage basin two is 9:49 acres with 37 lots (138,750 so and 32,221 sf of asphalt pavement or 40.1 % impervious. Detention ponds will be designed to meet the State's V and the County's 25-year pre -post requirement. Outflow from the ponds drains to Smith Creek, classification C-SW. Job No. Date: TRIPP ENGINEERING, P.C. 419 Chestnut Street, Wilmington, NC 28401 Phone: (910) 763-5100 • F,4 X: (910) 763-563 l Email: trippenQ@ec.rr.com LET ER OF TRANSMI i i AL i o . jg:&& Attention: Sute7: ww'My . AX TRANSMIT —AL: NUMBER Or PACES INCLUDES COVER I am sending you: Ai iACHED ( ) UNDER SEPARATE COVE} l ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other These are transmitted as checked below: ( ) For Approval ( ) For Your Use ( ).Sign & Return ( ) Review Remarks: cc: Signe : n Declaration of Covenants, Conditions And Restrictions For Madison Park Prepared by Murchison, Taylor and Gibson, PLGC 16 North Fifth St. Wilmington, NC 28401 so27M lu THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MADISON PARK (this "Declaration") is made and entered into this the day of , 2005, by HOLLY TREE INVESTMENTS, LLC, a limited liability company organized and existing under the laws of the state of North Carolina (hereinafter referred to as the "Declarant"). WITNESSETH WHEREAS, Declarant is the Owner of all of the interest and equity in that certain tract of land described in Exhibit A attached hereto and incorporated herein by reference (as further defined below, herein called the "Property"), to be known as Madison Park; and WHEREAS, it is the desire of the Declarant to insure the use of said property for attractive residential purposes only, to prevent the impairment of the attractiveness and value of the property, to maintain the desired tone of the community, and thereby to secure to each Lot Owner the full benefit and enjoyment of his property with no greater restriction upon the free and undisturbed use of his Lot than is necessary to insure the same advantages to the other Lot Owners; and WHEREAS, Declarant, for the use and benefit of itself and its successors and assigns, does desire to encumber, place and impose upon those certain parcels of real property"), the following conditions, covenants, reservations, easements and restrictions to ensure the proper use, development and improvement of such Property; to enhance the value, desirability and attractiveness of the Property; to protect against the construction of improvements and structures built of improper or unsuitable materials; to ensure compliance with all applicable zoning ordinances, building codes and environmental laws and regulations; to provide for a method for the maintenance and continued improvement of certain common areas and facilities appurtenant to the Property; and to otherwise provide for the construction and development of quality improvements on the Property NOW THEREFORE, in consideration of the premises and of the mutual benefits and duties herein contained, Declarant hereby declares that the Property shall be held, developed, improved, leased, sold, transferred, conveyed and occupied subject to the following covenants, reservations, easements, conditions and restrictions, all of which are for the purpose of protecting the value and desirability of, and which shall run with title to, the Property and shall be binding on all parties having a right, title or interest therein, along with their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS 1. "Association" shall mean and refer to Madison, Park Property Owners' Association, Inc., a North Carolina non-profit corporation, its successors and assigns. 5027 z 2 31. Commercial Activities. No business, trade, profession, commercial activity, yard sale, garage sale, moving sale, rummage sale, or similar activity for profit or financial gain (herein, "Business"), may be conducted on an undeveloped Lot or on the exterior of any residence or structure located on a Lot. An Owner or occupant may conduct a Business within any residence or structure located on a Lot, only so long as: (i) the existence or operation of the activity is not apparent or detectable by sight, sound, or smell from outside the residence or structure in which it is conducted; (ii) the activity does not involve regular visitation of the Lot by clients, employees, agents, customers; suppliers, or other business invitees, (iii) the activity does not involve door-to- door solicitation of residents of the Residential Community; and (iv) the activity is consistent with the residential character of the Residential Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Residential Community, as may be determined in the sole discretion of the Board. 32. Lot Clearing. No lot may be clear cut or substantially cleared without the written consent of the Committee, as defined in Article VIII herein. In no event may any tree with a diameter in excess of eight (8) inches measured at the base of the trunk at ground level be cut without the written consent of the Committee. The Committee may impose a fine in the amount of $200.00 for each tree cut in violation of this provision. 33. Stormwater Management: All Lots shall be subject to the State of North Carolina rules and regulations concerning stormwater runoff as these rules are amended from time to time (the `Stormwater Regulations"). Without limiting the foregoing, Declarant hereby reserves the right to impose additional restrictions upon the Properties as and to the extent required by the terms of the stormwater permit for the Residential Community as issued by the State of North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a Supplemental Declaration, and no joinder or consent of the Association or any other Owner or Person shall be required on such Supplemental Declaration. The covenants in this Section 33 are intended to ensure compliance with State Stormwater Management Permit Number SWB020104 applicable to the Property (the "Stormwater Management Permit'), issued by the State of North Carolina, Division of Water Quality, or its successor agency, under NCAC 2H.1000, as in force now or in the future. The Stormwater Management Permit and the Stormwater Regulations currently provide: (a) Each Lot shall be subject to the requirement that the allowable built - upon area per Lot shall be limited to 3,750 square feet of impervious surface, inclusive of right-of- way structures; pavement, walkways or patios of brick, stone, or slate; but not including wood decking. Said covenant cannot be changed or deleted without consent of the State of North Carolina. (b) This covenant will be binding on all Owners, and all persons claiming under them, shall be appurtenant to and run with the land, and may be enforced by the State of North Carolina. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. 50270v2 20 (b) This covenant may not be altered or amended without the express written consent of the State of North Carolina, Division of Water Quality, or its successor agency. (c) Alteration of the drainage as shown on the approved Stormwater Management Permit may not take place without the concurrence of the State of North Carolina, Division of Water Quality, or its successor agency. (d) All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. 34. Property Damage. Owners shall be responsible for any damage done to any streets, roadways, accessways, curbing, street gutters, sidewalks, Common Areas or property of other Owners within the Properties which may be caused by any Owner, his agents, contractor or its subcontractor lessees, employees, guests, licensees or invitees. The Association shall have the authority to assess any Owner for such damage and such charge shall be a Special Assessment against the Owner and his Lot(s). 35. Road Use. The roads are to be used by vehicles or pedestrians for the purposes of transportation. At no time shall any vehicle exceed the speed limit as determined by the Association or the applicable governmental authority. No permanent, frequent, or long-term parking is permitted along or on major roads and promenades except in specifically designated areas. The Association is entitled to adopt reasonable rules and regulations regarding the supervision, maintenance, control, regulation and use of the roads and promenades, and to enforce the same in any lawful manner which may include, but not be limited to, the imposition of fines for violations thereof; which fines shall be Specific Assessments. 36. Recreational Pathways. Recreational pathways within the Residential Community may be used only by bicycles, pedestrians, and pedestrian moving devices which are quiet and otherwise satisfy the requirements of this section. "Pedestrian moving devices" used within the Residential Community shall not exceed the size of a standard golf cart. Persons using pedestrian moving devices upon. wooden structures within the Residential Community do so at their own risk; Declarant makes no representation of the weight limitations of any such wooden structure and assumes no liability for the operation of any vehicle or device upon such structures. ARTICLE Vill ARCHITECTURAL CONTROL General. (a) No structures, buildings, improvements or construction, which shall include within its definition, clearing, grading, excavation and other sitework, shall be commenced, erected, or maintained upon any Lot or the Properties, nor shall any exterior 50270v2 ? I TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 July 5, 2005 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Madison Park New Hanover County, NC TE 04118 Dear Linda: Enclosed please find two (2) sets of plans, one (1) signed original and one (1) copy of the application form with narrative, two (2) wet detention basin supplements, two (2) sets of calculations and one check for the application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. C" ': R It Charles D. Cazier, E.I. CDC:dcb Enc. 7JU G,. NET) L 0 6 2005 BY: �QF WA-F'ER. Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: September 23, 2005 To: Charles Cazier Company: Tripp Engineering, P.C. FAX: 763-5631 No. of Pages: 1 From: Rhonda Hall Water Quality Section Stormwater Fax #: 910-350-2004 Phone #: 910-796-7401 DWQ Stormwater Project Number: SW8 050709 Project Name: Madison Park MESSAGE: Charlie: The Wilmington Regional Office received a Stormwater Management Permit Application for Madison Park on July 6, 2005. A preliminary review of that information has determined that the application is not complete. The following information is needed to continued the stormwater review: 1. Please provide a copy of the- proposed deed restrictions. 2. It appears that the area that Pond 1 is to be constructed on has not been accounted for in drainage area 1. Please account for the pond area as it is part of the drainage area. ENBlrbh: S:IWQSISTORMWATIADDINF0120051050709.sep05 North Carolina Division of water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper NOn qr hCarolina turallil CAPE FEAR RIVER BASIN Name of Stream Smith Creek Smith Swamp (Jones Lake Drain) Smiths Creek Smiths Mill Pond Run (Smiths Mill Pond) Smokehouse Creek Snows Cut Snows Cut Snows Marsh South Buffalo Creek South Fork Cane Creek South Prong Anderson Creek South Prong McLeod Creek South Prong Richland Creek South Prong Stinking Quarter Creek, South Prong Stinking Quarter Creek (Kimesville Lake) South River South River Southport Restricted Area Spearmans Mill Creek Spring Branch Spring Branch Spring Branch Spring Valley Lake Squash Branch Squirrel Creek Squirrel Creek Squirrel Creek Stagg Creek Stagg Creek Staley Creek Starlins Swamp Steep Bottom Creek Steep Run Stephens Swamp Stewart Creek Stewarts Creek Stewarts Creek Stewarts Creek Stewarts Creek Stewarts Creek (Byrd Mill Pond) Still Creek Stinking Creek Stinking Creek Stinking Quarter Creek Stockinghead Creek Stony Branch Stony Branch Stony Creek Stony Creek Stony Creek Stony Creek {Lake Burlington) Stony Creek {Stony Creek Reservoir) Stony Run (Hannan Pond) Strauss Canal (Strauss Swamp) Stump Sound Stump Sound ORW Area Subbasin Stream Index Number Map Number CPF23 1B-74-63 J27SE7 CPF16 18-46-7 I24NE4 CPF10 17-34 E21SEB CPF18 18-68-12-14 I25NW2 CPF17 16-88-11 L26NE9 CPF17 16-87-31.5 K27SW6 CPF24 18-87-31.5 K27SW6 CPF17 16-88-2 I,27NW1 CPF02 16-11-14-2 C19SW6 CPF04 16-28-5 D21SW6 CPF14 18-23-32-2 F23SWB CPF14 18-23-29-1-2 F22SE6 CPF09 17-22-2 E19SE3 CPF03 16-19-8-2-(2) D20NE5 CPF03 16-19-8-2-(1) D20NE5 CPF18 CPF18 CPF17 CPF19 CPF16 CPF18 CPF23 CPF14 CPF17 CPF02 CPF02 CPF09 CPF02 CPF02 CPF02 CPF18 CPFOS CPF16 CPF22 CPF07 CP715 CPF15 CPF19 CPF22 CPF14 CPF17 CPF04 CPF04 CPF03 CPF22 CPF13 CPF14 CPF02 CPF02 CPF07 CPF02 CPF02 CPF18 CPF17 CPF24 CPF24 18-68-12-(0.5) 18-68-12=(8.5) 18-88-3.5 18-68-2-15 18-46-3 18-68-12-2-4-1-2 18-74-63-1 18-23-6 18-76-1-4 16-11-8-(1) 16-11-8-(2) 17-22-6 16-15-2-(0.5) 16-1a-2-(2) 16-15-1 18-68-12-2-4-1 16-41-1-4 18-58 18-74-25-2 18-21-1 18-31-21 18-31-24-5-4 18-68-2-10 16-74-19-13-2 18-23-33 18-88-8-2-2 16-39-(1) 16-39-(2) 16-19-8 18-74-24 18-20-1B 18-23-16-8-4 16-14-(6.5) 16-14-(9) 18-4-6 16-14-(1) 16-14-(5.5) 18-68-12-2-2 18-64-7-2-1 18-87-3 18-87-0.5 Page 24 of 28 G24NW6 H24NE9 L27NW4 H25SEG H24SE7 G24NE2 J27SE7 F21SW9 K27NW2 C19NE6 C19NF6 E19NE6 C21NE6 C21NF9 C21SW2 G24NE1 C22SE7 J25NE4 H28NW7 F24NW9 G22SE7 G22SE3 H26NE4 G27SW4 F23SE9 L27NW7 E22NW9 E22NE4 C21SW7 H27NW8 F23SW2 F22SW4 C21NW9 C21SW3 E22SE7 C21NW6 C21NW6 F24SE4 J25SE4 J29NW1 J29NW2 Class C; SW C WS-IV C;Sw SC,,HQW SC SC Sc C;NSW C;NSW C C C C;NSW B;NSW C;Sw C;SW, ORW:4 SC C; SW C C; SW C; SW WS-II1,B C;Sw WS-III;NSW WS-III;NSW,CA C WS-II;HQW,NSW WS-II;HQW,NSW,CA C;NSW C;Sw C;NSW WS-IV C;Sw C C C C;Sw C;Sw C SA;HQW WS-IV;NSW WS-IV;NSW,CA C;NSW C;Sw C WS-III WS-V C;NSW WS-IV WS-II;HQW,NSW WS-II;HQW,NSW,CA C;Sw C;Sw SA;ORW SA;ORW TRIPP ENGINEERING, P.C. 41 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 September 27, 2005 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Rhonda Hall Re: Madison Park Project No. SW8 050709 TE 04118 Dear Rhonda: In response to your correspondence dated September 23, 2005, we offer the following: 1. A copy of the proposed deed restrictions is provided. 2. The area of Pond 1 is accounted for in the drainage area. A new highlighted drainage area plan is enclosed for your use. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. Charles D. Cazier, E.I. CDC:dcb R-ECEIVED Enc. SEP 2 7 2005 0 104 8 Z005 ko to WET DETENTION POND ANALYSIS FILE NAME PROJECT #: SW8 050709 PROJECT NAME: Madison Park S:\WQS\POND\050709.WK1 REVIEWER: DATE: 21-Dec-05 Receiving Stream: Smith Creek Class: C; Sw Drainage Basin: Cape Fear Index No. 18-74-63 Site Area 27.08 acres Drainage Area >EE:f' square feet Area in Acres 9.79 IMPERVIOUS AREAS Buildings Parking SW TOTAL SURFACE AREA CALCULATION % IMPERVIOUS 40.11 % Des. Depth 7 TSS: 90 VOLUME CALCULATION 138750.00 square feet 32221.00 square feet square feet square feet square feet square feet square feet p..' square feet Rational ?* Des. Storm inches Rv= 0.411 Bottom 0 msl Perm. Pool' msl Design Pool 9 msl Storage met @elev 7.82 msl Req. Volume 1'> cf Vol. Prov. at DP '«'<'<4 `I > cf ORIFICE CALCULATION SAIDA Ratio Req. SA Prov. SA Rational C Rational Cc= 0,12 1.41 % 5991 sf kb sf * place a "1" in the box if Rational is used FOREBAY Perm. Pool Volume= 52812 Req. Forebay Volume= 10562.4 Provided Volume= 9609,00 Percent= 4' Elevation 7.00 9.00 Area 14000.00 21481.00 Inc. Vol. 35481,00 Avg. Head = 0.96 ft Q2 Area = 2.57 sq. inches Flow Q2, cfs 0,084 cfs Q5 Area = 1.03 sq. inches Flow Q5, cfs 0.034 cfs Orifice Area 2.41 sq. inches No. of Orifices '"""'' Q= 0.079 cfs Acc. Vol. 0.00 35481.00 Diameter, inches `<5s< weir H x W in x f. in Drawdown = `{'1' days Surface Area @DP = 21481 sq. ft. Falling Head Drawdown = 7.2 days C 3.325059524 L= -0.193 COMMENTS Surface Area , Volume and Orifice arevithin Design Guidelines fin\ WET DETENTION POND ANALYSIS FILE NAME: S:IWQSIPOND1050709.WK1 PROJECT #: SW8 050709 REVIEWER: PROJECT NAME: Madison Park DATE: 21-Dec-05 Receiving Stream: Smith Creek Class: C; SW Drainage Basin: Cape Fear Index No. 18-74-63 Site Area 27.08 acres Drainage Area square feet Area in Acres 10.7,2 IMPERVIOUS AREAS Buildings Parking SW TOTAL SURFACE AREA CALCULATION % IMPERVIOUS 30.92% Des. Depth 6 TSS: 90 Rational C 112500.00 square feet 31849.00 square feet square feet square feet square feet square feet square feet feet Rational Cc= 0.14 SA/DA Ratio 1.65% Req. SA 7684 sf Prov. 5A :. ,`I1 sf VOLUME CALCULATION * place a "1" in the box if Rational is used Rational ?* Des. Storm <=pf€ inches Rv= 0.328 Bottom 4 msl Perm. Pool _`f� msl Design Pool 11.8 msl Storage met @elev 10.69 msl Req. Volume iT';'I cf Vol. Prov. at DP it%'' i cf ORIFICE CALCULATION FOREBAY Perm. Pool Volume= 63390 Req, Forebay Volume= 12678 Provided Volume= 12791.00 Percent='' Elevation 10.00 11.80 Area 17101.00 19955.00 Inc. Vol. 33350,40 Acc. Vol. 0.00 33350.40 Avg. Head = 0.87 ft Q2 Area = 2.37 sq. inches Flow 02, cfs 0.074 cfs Q5 Area = 0.95 sq. inches Flow 05, cfs 0.030 cfs Orifice Area 1.77 sq. inches No. of Orifices 1 Q= 0.055 cfs Diameter, inches # weir H x W in x <; in Drawdown = "' days Surface Area @DP = 19955 sq. ft. Falling Head Drawdown = 9.7 days C: 3.327916667 L= -0.174 COMMENTS Surface Area , Volume and Orifice are within Design Guidelines 612312005 Madison Park 04118 CDC Stormwater Calculations Pond 91 Total Drainage Area sq., ft. acres 466, 869 10.72 Impervious Area Land Use sq. ft. acres Buildings 30lots P 3750 ea 112,500 2,58 Streets 31,849 0,73 Concrete 0 0.00 Total 144.349 3.31 Stormwater Calculations: Time of Concentration: Hydraulic Length (L) = 750 ft. change in Height (H) = 9 ft. Tc = (L' /H),d6e 1 128 = 7.02 min. Flow for 2 year, 6 hour Storm (Q2 : QPRE _ (CPRE) x (I1 e) x (Area) 15.76 cfs QPos-r _ (CPoST) x (Ito) x (Area) 29.62 cfs Sail Storage Capacity for 2 year Storm: CN = (98)(% imp.) + (60)(1-% imp.) = 72 P = 3.30 in. for2yr, 6 hr storm S = t000lCN - 10 3.89 Depth (D)= [P-(0.2)(S)121 (P+(0.8)(S)1 0.99 in. Time to Peak Flow: TP = [(43.5)(D)(Area)j 1 Q2,1'o5T = 15.62 min. Detention Pond Design: Pond Size: Elevation ft.) Surface Area (sq. ft.) Normai Pool 10,00 17.101 Flood Pool 11.80 19,955 Top of Bank 15.50 25,661 Bottom of Pool 4.00 4.029 Provided Storage Volume: Vol. = [(Normal pool SA + Flood Pool SA) 1 21 x (F.P. eiev. - N.P. elev.) 016 impervious = 0.309 = 30.9% say 31.D% CPRE = 0.25 CPOST = (% imp.)(.95)+(1-% imp.)(.25) 0.47 12 = 5.88 inthr Ito = 6.30 inlhr Flow for 10 year, 6 hour Storm (Qio): QPRE _ (CPRE) x (125) x (Area) = 16.88 cfs QPosT = (CPosT) x (125) x (Area) 31.74 cfs CN = (98)(% imp.) + (60)(1-% imp.) 72 P = 4.82 in. for 10 yr, 6 hr storm S= 10001CN-10 = 3.89 Depth (D)= [P-(0.2)(S)121 [P+(0.8)(S)[ 2.06 in. Time to Peak Flow: TP = (D)(Area)j / QIo.Posr 30.27 min, Pond side siopes = 3 :1 Depth below N.P. = 7 ft. SAIDA = 0.0113 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter Required SA = (SAIDA) x (Total Drainage Area) 5.276 s . ft. 33,350 cu. ft. State Volume Required for Storage of first 1" of runoff: ��' Rv = .05+ .009(% imp) `.% �'� A..CA&O = 0.328267 �� ��.•••� ss! •y / / V= (Design rainfall)(Rv)(Drainage Area) O'Y = 12,771 cu. ft. SEAL a :. -0 17374 ` z Lz OR � /fit# �G '► Oro) 0411BPond1 1 of 2 6/2312005 Madison Park CDC Stormwater Calculations Pond #1 Pond Volume: Bottom SA = 4,029 sq. ft. Normal Pool SA = 17.101 sq. ft. Vol. _ [(N.P. SA + Bottom SA) 121 x (N.P. el. - Bottom el.) 63,390 cu.ft. Forebav: Required Volume Vol. = 20% of storage volume 12,678 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: for 1st 1" of stormwater, Q = Required Vol, 1172,800 sec. (2-days) 0.074 cfs Required Area of Pipe for 2-day drawdown; A= 0I[CdxSQRT(2xgxh)) Cd = 0,6 9 = 32.2 ft./sz h = (F.P. elev.- N.P. elev.) 12 = 0.9 ft. A = 0.0162 sq. ft. Diameter of Pipe for 2-day drawdown: DIA. = SQRT((A x 4) 1 pi] 0,1435 M. 1.72 in. 'Use: 1.5 in diameter pipe Outlet Structure Chock: Using a 4' x 4' Basin, Perimeter (L) = 16 ft. Q = CIA C = (% imp.)(.95) + (1-% imp.)(.25) 0,47 l = 6.30 in. for a 25 yr. Storm A = 10.72 Acres 31.74 cfs Q= CwxLxH1_s H = [Q 1 (Cw x Qj- Cw = 3 0.76 ft. Peak elevation = flood pool elevation + H = 12.56 ft. Provided Volume Bottom SA = 3,637 sq. ft. Normal Pool SA = 4,890 sq, ft. Vol. = j(N.P. SA+ Bottom SA) 1 2] x (N.P. el. - Bottom ei.) = 12,791 cu,ft. depth = 3 ft. Flow for 5-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1432.000 sec. (5-days) = 0.030 cfs Required Area of Pipe for 5-day drawdown: A= O1[CdxSQRT(2x-gxh)] Cd = 0.6 g = 32.2 fosz h = (F.P. elev. - N.P. elev.)1 2 0.9 ft. A = 0,0065 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT((A x 4)1 pil 0.0908 ft. = 1.09 in. 04118 04118Pond1 2 of 2 6/23/2005 Madison Park 04118 CDC Stormwater Calculations Pond #2 Total Oraina a Area s . ft. acres 426,247 9,79 Impervious Area Land Use s . ft. acres Buildings 37 lots 2 3750 ea 138.750 3.19 Streets 32.221 0.74 Concrete 0 0.00 Total 170,971 3.92 Stormwater Calculations: Time of Concentration: Hydraulic Length (L) = 750 ft. change in Height (H) = 9 ft. Tc = (Lj IH).,e, 1 125 7.02 min, Flow for 2 year, 6 hour Storm (Q�: QpRe = (CPR£) x (110) x (Area) = 14.38 cis QPosT = (CPosT) x (110) x (Area) 31.07 cis Soil Storage Capacity for 2 year Storm: CN = (98)(% imp.) + (60)(1-% imp.) 76 - P = 3.30 in. for2yr, 6 hr storm S= 10001CN-10 3.16 Depth (D)= [P-(0.2)(S)]2I [P+(0.8)(S)] - 1.22 in. Time to Peak Flow: TP = {(43.5)(P)(Area)] I Q2 PosT 16.74 min. Detention Pond Design: Pond Size: Elevation (ft.) Surface Area (sq. ft. Normal Pool 7.00 14.000 Flood Pool 9.00 21.481 Top of Sank 12.70 36,046 Bottom of Poai 0.00 1.089 Provided Storage Volume: Vol. _ ((Normal pool SA + Flood Pool SA)12] x (F.P. elev. - N.P. elev.) = 35,481 cu. R. % impervious = 0.401 = 40.1% say 41.0% CPRE = 0.25 C'POST = (% imp.)(.95)+(1-% imp.)(.25) 0.54 12 = 5.88 irift Ito = 6.30 Whr Flow for 10 year, 6 hour Storm (Q,o): QPRE - (CPRE) x (1z5) x (Area) 15.41 cfs QPOS7 = (CPosT) x (125) x (Area) = 33.29 cfs son storage capacity tor iu year storm: CN = (98)(% imp.) + (60)(1-% imp.) 76 P = 4.82 in. for 10 yr, 6 hr storm S = 10001CN - 10 = 3.16 Depth (D)= [P-(0.2)(S)]21 [P+(0.8)(S)j 2.39 in. Time to Peak Flow: TP = [(43.5) (D) (Area)] 1 Q1o.PoST 30.53 min. State Surface Area Requirement at normalpool: Pond side slopes = 3 :1 Depth below N.P. = 7 ft. SAIDA = 0.0145 (Chart for 90 % TSS Removal for Wet Detention Pond without Vegetative Filter Required SA = (SAIDA) x (Total Drainage Area) - 6,181 s . ft. State Volume Reauired for Storage of first 1" of runoff Rv = .05+ .009(% imp) = 0.410997 V= (Design rainfall)(Rv)(Drainage Area) 14,599 cu. ft. 04118Pond2 1 of 2 612312005 Madison Park CDC Stormwater Calculations Pond #2 Pond Volume: Bottom SA = 1,089 sq. ft. Normal Pool SA = 14,000 sq. ft. Val. _ [(N.P. SA + Bottom SA) 1 21 x (N.P. el. - Bottom el.) 52,812 cu. ft. Forehay: Required Volume Vol. = 20°% of storage volume 10.562 cu, ft. Outlet Structure Desion: Flow for 2-day drawdown: for 1st V of stormwater, Q = Required Vol. 1 172,500 sec. (2-days) - 0.084 cfs Required Area of Pipe for 2-day drawdown: A= Q 1 [Cd x SQRT(2 x g x h)] Cd = 0.6 g = 32,2 ft.ls� h = (F.P. elev.- N.P. elev) 12 = 1 ft. A = 0.0175 sq. ft. Diameter of Pioe for 2-dav drawdown: DIA. = SQRT[(A x 4) 1 pi] = 0.1495 ft. 1.79 in. 'tisa: 1.75 in diameter pipe Cutlet Structure Check: Using a 4' x 4' Basin, Perimeter L = 16 ft. Q = CIA C = (% imp.)(.95) + (1-0% imp.)(.25) 0.54 1 = 6.30 in. for a 25 yr. Storm A = 9.79 Acres 33.29 cis Q= CwxLxH"5 H = tQ ! (Cw x L)I21' Cw = 3 = 0.78 ft. Peak elevation = flood pool elevation + H = 9.78 ft. Provided Volume Bottom SA = 851 sq. ft. Normal Pool SA = 5,555 sq. ft. Vol. _ [(N.P. SA + Bottom SA) 1 2] x (N.P. el, - Bottom el.) = 9,609 cu. ft. depth = 3 ft. Flow for 5-daz drawdown: for 1st 1" of stormwater, Q = Required Vol. 1432,000 sec, (5-days) = 0.034 cfs Required Area of Pipe for 5-day drawdown: A= Q/ [Cd x SCRT(2 x g x h)] Cd = 0.6 g = 32.2 ft.152 h = (F.P. elev. - N.P. elev) 12 A = 0.0070 sq. ft. Diameter of Pipe for 5-day_drawdown: DIA. = SQRT](A x 4)1 pi] = 0.0945 ft. = 1.13 in. 04118 04118Pond2 2 of 2 Ways Graphics MMUNICATION BY DESIGN www.allwaysgraphics.com INVOICE 120 Racine Drive Unit 3 Wilmington, NC 28403 866.917.0888 toll tree 910.392.0883 local 910.392.0884 fax Sold TO Cameron No. 249042 North Carolina DENR--Division of Water Quality Date 7/28/2016 127 Cardinal Dr. Extension Wilmington NC 28405 Phone: 796-7303 P'�' Fax: 910-350-2004 QUANTITY DESCRIPTION AMOUNT 1 Copy, Small Poster (24" x 36") White 20# Engineering 24x36 20# Bond, copied on 1 side 1 Scan, Small Poster (24" x 36") White 20# Engineering 24x36 20# Bond, copied on 1 side 112 Scans to drive, 8.5 x 11 White 20# Bond 20#, copied on 1 side SPECIAL INSTRUCTIONS Sales Rep: JR Ship Via: SUB 32.70 TAX Taken by: Jacquie Account Type: Charge Account SHIPPING TOTAL 32.70 QCr - . 32.70 Please pay from this invoice - Net 30 Days "I understand that the total of this invoice is due and payable upon acceptance and RECEIPT FOR CASH SALES CASH El CHECK El # CREDIT CARD El interest shall accrue on all past due accounts at the rate of 1 1/2 percent per month. In the event payment is not made and the account is referred to a collection agency or an attorney, l will pay the collection including attorney's fees and costs incurred." AMOUNT RECEIVED GSR INITIALS for OPU Remit payments to: 120 Racine Dr., Unit 3, Wilmington, NC 28403 Signature `�'� Print Name �1 m '`� �`=� Date l - a� 1 AWG fo invoice 1 Q-2009 Job Received and Accepted By 4' '-ALL C-RAPHICS Ul VISA CRU)fi A CC i tt: CREDIT SALE UID, 6,122471440,21 REF P: 5523 LATCH ?S--, AUM .": 068;'i M40JNT $32.70 AP13ROV E f:) TC CUSTOMER COPY June 27, 2016 VIA HAND DELIVERY.- N.C. Department of Environmental Quality 217 West Jones Street Raleigh, NC 27603 Joseph H. Nanney joe@mnlaw-nccom RECEIVED OFFICE OF GENERAL COUNSEL. FJUN72 22 116 ENVIRONMENT & _ Re: Michael Faulkner and John Faulkner v. Stevens Building Company d/b/a Stevens Fine Homes New Hanover County Case No. 15 CVS 002 75 7 Dear Sir or Madam: We represent the Plaintiffs in the above referenced matter. The Plaintiffs are the buyers of a home which is at the center of a dispute with the builder, Defendant Stevens Building Company. The dispute relates to the stormwater facilities constructed on the property. Enclosed please find a subpoena for records and documents in your possession. We are happy to work with you in the production of these documents and will accept hard copies of documents via mail or an electronic version of the documents if you choose not to physically produce. Please feel free to contact me directly should you have any questions or concerns. Thank you in advance for your time and consideration. Sincerely, & NANNEY 2840 Plaza Place, Suite 360 Raleigh, North Carolina 27612 P 919.747.7374 • F 919.324.6590 Creative Legal Solutions, Aggressive Advocacy STATE OF NORTH CAROLINA F,faN� _ I SC V 5002757 NEW HANOVER County In The General Court Of Justice ❑ District ® Superior Court Division MICHAEL FAULKNER and JOHN FAULICNER Addihonal FUo Numbers VERSUS SUBPOENA STEVENS BUILDING COMPANY d/bla STEVENS FINE HOMES G.S. 1A-1, Rule 45; G.S. &59 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request, but ®StatwMaini f ❑ Defendant must be signed and Issued by the office of the Clerk of Superior Court or by a magisbate orludge. TO Name And Address Of Person Subpoenaed Aftemate Address N.C. Department of Environmental Quality 217 West Jones Street Raleigh, NC 27603 Telephone No. Tolaphono No. (877)623-6748 YOU ARE COMMANDED TO: (check air that apply), ❑ appear and testify, in the above entitled action, before the court at the place, date and time indicated below. ❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. ® produce and permit inspection and copying of the following items, at the place, date and time indicated below. ® See attached list. (List here if space sufficient) See attached Exhibit A. RECEIVED OFFICE OF GENERAL COUNSEL JUN 2 7 2016 ENVIRONMENT & NATURALRESOURCES . Name And Location Of Courv%ca Of DepositloNPiace To Produce Date To Appear/Produce Meynardie & Nanney, PLLC 07/15/2016 2840 Plaza Place, Suite 360 nme To AppoarlProduce ❑ AM ®PM Raleigh NC 27612 12:00 Name And Address of Applkant Or Applicant's Attorney Date Joseph H. Nanney I 06/2 20 2840 Plaza Place, Suite 360 Sign& ure Raleigh NC 27612 Telephone No. Of Applicant OrAppficant's Attorney ❑ Deputy CSC ❑ Ass; tans CS Clark Of pe ' ❑ Superior Court judge (919) 747-7374 ❑ "wistmlo ® Aft eyIDA ❑ District Courtju a RETURN OFS$RVIjtE I certify this subpoena was received and served on the person sub enaed as follows: By ❑ personal delivery. ❑ registered or certified mail, receipt requested and attached. ❑ telephone communication by Sheri{{ (use only fora witness subpeenaad to appear and fastify), ❑ telephone communication by local law enforcement agency (uso only for a witness subpoonnad to appoer and testify in a criminal case). NOTE TO COURT: if the witness was served by telephone communicalfon from a local law enforcement agency in a criminal case, the court may not issue a show cause order or order for arrest against the witness until the witness has been served personal;y with the written subpoena. ❑ I was unable to serve this subpoena. Reason unable to serve: Service Fee ❑ paid Oafs Served Name OfAuthoHzod Server (Type Or Print} Signature Of Authorized Sonror Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the allorney for each party in this case. if a party is not represented by an attorney, the copy must be malted or delivered to the party. This does not apply in criminal cases. AOC-G•140, Rev. 5113 (Reasu See Roveme Side) 0 2013 Administrative Office of the Courts NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d). (c) Protection Of Porsons Subject To Subpoena (1) Avoid undue )?linden or expense. - A party or an attorney responsible for the Issuance and service of a subpoena shall take reasonable steps to avoid Imposing an undue burden or expense on a person subject to the subpoene.The court shall enforce this subdivision and impose upon the party or attorney In violation of this requirement an appropriate sanction that may tndudo compensating the person unduly burdened for lost earnings and for reasonable attomey's fees. (2) For nroduct!an of public retards or hospital medical tecords. - Where the ' subpoena commands any custodian of public records or any custodian of hospllal medical records, as defined in G.5.8.44.1, to appear for the sale purpose of producing certain rocords in the custodian's custody, the custodian subpoenaed may, in Lieu of personal appearance, tender to the court in which the action is pending by registered or mortified mail or by personal delivery, on or before the time specified In the subpoena, certfiod copies of the rocards requested together with a copy of the subpoena and an affidavit by the custodian testifying that the oop?es are true and correct copies and that the records ware made and kept In the regular course of business, or if no such records are in the custodian's custody, an affidavit to that affect. When the copies of records are personally delivered under this subdivision, a receipt shall be obtained from the person receiving the records. Any original or cerd'ied copy of retards ar an affidavit delivered according to the provisions of this subdivision, unless otherwise objedionab!o, shall be admissible in any ecton or proceeding without further certification or authentication. Copies of hopital medical records tendered under this subdivision shall not be open to inspection or coped by any person, except to the parties to the cane or proceedings and their attomoys in depositions, until ordered published by the judge at the Ume of the hearing or trial. Nothing contained herein shall be construed to waive the physician - patient pdWege or to require any privileged wmmuniculion under law to be disclosed. . (3) Written objection to_slrhpwrta. - Subject to subsection (d) of this n:le, a person commanded to spear at a deposition or to produce and permit the Inspection and copying of records, books, papers, documents, electronically stored information, or tangible things may, within 10 days after service of the subpoena or before the Umo specified for compliance if the time is less than 10 days after service, serve upon the parry or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objecton shall comply with the requirements of Rule 11. Each of the following grounds may be smrfEcient for objecting to a subpoena: a. The subpoena falls to allow reasonable time for compliance. b. The subpoena raqu'res disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subX-cts a person to an undue burden or expense. d. The subpoena Is otherwise unreasonable or oppressive. e. The subpoena is procedumiiy defective. (4) Order of court raaufred to override objectlon. - If oNacten is made under subdiv's:on (3) of this subsection, the party serving the subpoena shall not be entitled to compel the subpoenaed person's appearance at a deposition or to inspect and copy materials to which an objection has been made except pursuant to an order of the court. If objection is made, the harry serving the subpoena may, upon no5ce to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated In the subpoena. The motion shall be filed in the court in the county In which the deposition or production of materials is to occur. (5) Motion to awash or mpt! f subpoena. - A person commanded to appear at a trial, hearing, deposition, cr to produce and pormit the inspection and copying of records, !oaks, papers, documents, electronically stored information, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may No a motion to quash or mod'dy the subpoena. The court shall quash or modify, the subpoena if the subpoenaed person demonstmtos the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (8) Order to compel: expenses to comply with suboaana. - When a court enters an order compelling a daposiL'on or the production of records, books, papers, documents, electronically stored infomtation, or other tanSible things, the order shal protect any person who Is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena Is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, electronically stored information, or tangible things specified in the subpoono. (7) Trade secrets: confidential information. - When a subpoena requlres disclosure of a trade secret or ether confidential fasearch, development, or commamial Information, a court may, to protect a person subject to ar offected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena Is issued shows a substantial need for the testimony or material that cannot otherwise be mat without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated In the order. (8) Order to quash, expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena Is issued to pay all or part of the subpoenaed person's reasonable expenses Including attorneys fees. (d) Duties In Responding To Subpoena (1) Form of response. - A person responding to a subpoena to produce records, books, documents, electronically, stored information, or tangible things shall produce them as they are kept in the usual course of business or shaft organize and label them to corrospond with the categodos In the request (2) Fonn of oroducira electronicaliv stored information not soeeed. - tf a subpoena does not specify in form for producing alectron!raly stored Information, the person responding must produce it in a form or forma in which it anfinariy is mainta red or in a reasonably useable forth or forms. (3) Etectraniicalty stared information in only one farm_ - The person responding need not produco the same atectromoaly stored information in more than one farm. (4) Inaccessible electronically stored Information. - The person responding new not provide dlscovary of electronically stored Information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonethe!oss order discovery from such sources 0 the requesting party shows good cause, agar considering the limitations of Rule 26(b)(1a). The court may speciy conditions for discovery, including requiring the parry that seeks discovery from a nonparty to tear the costs of locating, preserving, collecting, and producing the dectronicaly stored Informatlon involved. (5) Specificity of obiection. - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation materials, or that it Is otherwise privileged, the objection shall W made with specificity and shall be supported by a descdpilon of the naturo of the communicatlons, records, books, papers, documents, clectronicaliy stared information, or other tangible things not produced, suf -cloni 'or the requesting parry to contest the objection. NOTE: Ifyou have any questions about being subpoenaed as a witness, you should contact the person named on Page Orm of this Subpoena in the box labeled 'Name And Address Of Applicant OrAppl anf's Atrorrrcy.' DUTIES OF A WITNESS • Unless otherwise directed by the presiding judge, you must answer ag questions asked when you are on the stand giving testimony. • In answering questions, speak dearly and loudly enough to be heard. • Your answers to quostions must be truthful. • If you are commanded to produce any items, you must bring them with you to court or to the deposition. ti You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition Is completed. AOC-G-100. Side Two, Rev. 5113 0 2013 Administrative Office of the Courts BRIBING OR THREATENING A WITNESS It Is a violation of State low for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your Involvement as a witness in a case, you should prompBy report that to the district attorney or the presiding judge. WITNESS FEE A wtness under subpoena and that appears in court to testify, is entitled to a small dally too, and to travel expense reimbursement, If It is necessary to travel outs`.de the county in order to testify. (The fee far an 'expert witness' will be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the statumry fee, you should immediately contact the Clark's office and certify your attendance as a witness so that you will be paid any amount duo you. Exhibit A REQUESTS 1. All files and records related to any stormwater plans for the Stone's Edge Development in Wilmington, North Carolina. 2. All communications with any third parties related to any stormwater plans for the Stone's Edge Development. I All files and records related to any stormwater plans for Lot 1 in Stone's Edge Development, 107 Northbrook Drive, Wilmington, North Carolina. 4. All communications with any third parties related to any sedimentation or erosion control plans for Lot 1 in Stone's Edge Development, 107 Northbrook Drive, Wilmington, North Carolina. 5. All files and records related to any sedimentation or erosion control plans for the Stone's Edge Development in Wilmington, North Carolina. 6. All communications with any third parties related to any sedimentation or erosion control plans for the Stone's Edge Development. 7. All files and records related to any sedimentation or erosion control plans for Lot l in Stone's Edge Development, 107 Northbrook Drive, Wilmington, North Carolina. 8. All communications with any third parties related to any sedimentation or erosion control plans for Lot 1 in Stone's Edge Development, 107 Northbrook Drive, Wilmington, North Carolina.