SW8011003_HISTORICAL FILE_20190712

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW����
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
,.402 114
YYYYMMDD

THE CULLIPHER GROUP, P.A.
ENGINEERING & SURVEYING SERVICES
July 9, 2019
Ms. Linda Lewis
N
CEOVE
CDEQ
127 Cardinal Drive Ext. 2019
Wilmington, NC 28405
BY:
Re: NOI- SWS 011003 The Landings at Mitchell Village
Dear Ms. Lewis,
I am in receipt of your notice of inspection dated June 10, 2019 for The Landings at Mitchell
Village. Mr. Charles Hester Jr. has requested that I assist him in resolution of the issues identified. We
plan on preparing the proposed applications and having them submitted to your office by August 1,
2019. We need to decipher the correct approach to handling the renewal and subsequent transfer
request. Once we get into the details, we may request further advice to ensure it is properly handled.
In the interim, if we can provide further assistance, please let us know.
Cc: Charles Hester Jr.
Ginger Turner,P.E.
HESTRON PLAZA TWO 151-
A NC HWY 24 MOREHEAD
CITY, NC 28557 (252) 773-
0090
O� H�Currura � erely,
�FES
Q� _nald D. Cullipher, P.E.
~* . SEAL '•
13343
GrNE

Lbwis,Linda
From: Neil Whitford <[e-mail]>
Sent: Wednesday, May 29, 2019 11:39 AM
To: Lewis,Linda
Subject: RE: [External] Stormwater system next to The Landings at Mitchell Village
reA!o External email. I]o not click Iiriks or open attachments,unless you verify. Send all suspicious email as an attachment to-
rt Soam nc. ovt—
Linda
I sent him a letter yesterday to ask for a discussion. I think it would be good if you contacted him too.
Neil
Neil B. Whitford
Kirkman, Whitford, Brady, Berryman & Gordon, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email: nwhitford(aDkirkmanwhitford.com
web site: www.kirkmanwh}tford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read; copy or retransmit this
communication but destroy it immediately, Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
From: Lewis,Linda <[e-mail]>
Sent: Wednesday, May 29, 2019 11:33 AM
To: Neil Whitford <nwhitford@kirkmanwhit€ord.com>
Subject: RE: [External] Stormwater system next to The Landings at Mitchell Village
Per the Carteret County GIS, Mr. Charles Stedman Hester, Jr. apparently resides at 7000 Sunshine
Canyon Drive in Boulder, Colorado 80302-8778. l will make an attempt to contact him regarding both
of these permits.
Linda
From: Neil Whitford<n-whitfo_rd@ki_rkmanwhitford.com>
Sent: Wednesday, May 29, 2019 11:13 AM
To: Lewis,Linda <[e-mail]>
Subject: RE: [External] Stormwater system next to The Landings at Mitchell Village
o External'emarl .po not click links or open attachments unless you verify 5end'all suspicious email as an attachment to
n .. arE.s�arri[�nc:eov, s, r• r .rrV .: Y''.3 a�.
ll

Tiiariks Linda.
Neil
Neil B. Whitford
Kirkman; Whitford, Brady, Berryman & Gordon, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
teiephone 252-726-8411
facsimile: 252-726-6974
email: nwhitford(6kirkmanwhitford.com
web site: www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
From: Lewis,Linda <linda.lewis@ncdenr,gov>
Sent: Wednesday, May 29, 2019 11:10 AM
To: Neil Whitford <[e-mail]>
Subject: RE: [External] 5tormwater system next to The Landings at Mitchell Village
Mr. Whitford:
The stormwater permit for the pond in the middle of The Landings at Mitchell Village is SW8 011003.
It was issued to Mitchell Village, LLC and it expired on January 7, 2016, and has not been
renewed. Mitchell Village, LLC dissolved their corporate entity in August 2010, so we have little
recourse against them. Unfortunately, per the Carteret County GIS, Mitchell Village LLC is still listed
as the owner of the pond and the other common areas. I don't understand how the County has
allowed a dissolved LLC to remain as a property owner for over 9 years without requiring them to
update the ownership. I wonder who has been paying the property taxes? We would not be able to
accept an application from the HOA to transfer the 011003 permit until the HOA owned the pond and
all the other common areas.
The stormwater permit for Mitchell Village Business Park is SW8 000707. It was renewed and
reissued to Charles S. Hester, Jr. on June 30, 2015 and is in effect until January 7, 2024, The 000707
permit covers a lot of the commercial development you see, including the Holiday Inn Express (SW8
000811); Carteret Vision Center (SW8 000203); Texas Steakhouse (SW8 970933); The Sound Bank
(SW8 020815); 3 future lots 1, 2 and 3; and various streets and an offsite area.
The SW8 000707 project was last inspected on June 8, 2015. The Division was already aware of the
compliance issues associated with the SW8 000707 permit. I'll send one of the sediment inspectors
to the site to conduct a follow-up inspection.
The SW8 011003 project was also inspected on June 8, 2015, but no official inspection report was
generated. I will fix that shortly. The only issues that are shown on the hand-written report are that
one of the outlet pipes in the smaller pond might be clogged and that there is a lot of submerged
vegetation that needs to be removed.

You are free to schedule a file review of these permit files. Just give me a couple of convenient days
and times, and I will let you know if our file review room is available.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(d,)ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Al
old --"-Nothing Compares..--...__
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Neil Whitford<[e-mail]>
Sent: Tuesday, May 28, 2019 4:30 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] Stormwater system next to The Landings at Mitchell Village
o External email: Do not click links or;open attklrrhents uni.ess yod verify. Send all suspicious:emaiV; s an attachmenfto
r Qrf.S r3Ci! .2r-. oV
Linda
The purpose of this email is to ask for a courtesy inspection of a presumed stormwater retention pond and features for
permit compliance.
I represent The Landings owners association in Morehead City. This is a townhouse development to the southwest of
the Wells Fargo branch at the corner of Hwy 70 and Rochelle Drive. The Landings have phases on both sides of Pittman
Avenue. In recent months/years, there has been considerable washout around some areas of parking lot (and the city
street). The basic problem seems to be sinkholes caused by leaking fittings on pipes leading from what apparently is a
stormwater retention pond to the west and north of a portion of The Landings. i attach a partial tax map that shows the
pond in question which is on the right hand side of the 4.42 acre tract in the center of the photograph. The Carteret
County tax office lists Charles S. Hester, Jr. as the owner of the property on which the retention pond in question is
located.
We are not exactly sure if this is an official stormwater retention pond, but there are several developments to the north
that would seem to need a stormwater permit and this looks the logical choice.
There is also a smaller pond in the middle of the northern section of The Landings and it 's possible both ponds are a
part of a broad stormwater plan (and the smaller pond could also be contributing to the washout problem).
1

The washout is so bad that I was advised that the Town of Morehead City, in the past, had to make emergency repairs to
Pittman Drive to keep parts from collapsing. The same thing is happening to parking lots in The Landings.
In addition to a courtesy inspection, we hope you might be able to find any permit for this pond (and the one in the
middle of The Landings) to see if drawings are included showing the location of outlet pipes. Through all this, we might
be able to figure out who has responsibility for repairing any conditions that are causing the washouts.
Can I provide you with any more information?
Nei!
Neil B. Whitford
Kirkman, Whitford, Brady, Berryman & Gordon; P.A.
Suite 105
710 Arendeh Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email. nwhitford a(�kirkmanwhitford.com
web site: www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE, Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy It immediately. Any unauthorized dissemination; distribution or copying of this communication
is strictly prohibited.

Lewis,Linda
From: Neil Whitford <[e-mail]>
Sent: Wednesday, May 29, 2019 11:39 AM
To: Lewis,Linda
Subject: RE: {External] Stormwater system next to The Landings at Mitchell Village
u External email: Do riot click links or open attachments unless you verify. Send all -:suspicious enail as an attachment to,
re
Linda
I sent him a Letter yesterday to ask for a discussion. I think it would be good if you contacted him too.
Neil
Neil B. Whitford
Kirkman, Whitford, Brady, Berryman & Gordon, P.A.
Suite 105
710 Arendel! Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email: nwhitford(cDkirkmanwhitford.com
web site: www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
From: Lewis,L'tnda <[e-mail]>
Sent: Wednesday, May 29, 2019 11:33 AM
To: Neil Whitford <[e-mail]>
Subject: RE: lExternalj Stormwater system next to The Landings at Mitchell Village
Per the Carteret County GIS, Mr. Charles Stedman Hester, Jr. apparently resides at 7000 Sunshine
Canyon Drive in Boulder, Colorado 80302-8778. 1 will make an attempt to contact him regarding both
of these permits.
Linda
From: Neil Whitford <[e-mail]>
Sent: Wednesday, May 29, 2019 11:13 AM
To: Lewis,Linda <[e-mail]>
Subject: RE: IExternall Stormwater system next to The Landings at Mitchell Village
u Exte-rnal:emall.. not click links.or open attachments,unle5s:you°verify. Send all suspicious; ernail as:ar atfachmetit to
re nr .s am nc.Qov, i - ' >, ,Y. i

Thanks Linda,
Nei!
Neil B. Whitford
Kirkman, Whitford, Brady; Berryman & Gordon, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email: nwhitford(a7kirkmanwhitford.com
web site: www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended soleiy for the individual or entity to
whom they are addressed. If you are not the intended recipient; please do not read, copy or retransmit this
communication but destroy it immediately Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
From: Lewis,Linda <[e-mail]>
Sent: Wednesday, May 29, 2019 11:10 AM
To: Neil Whitford<[e-mail]>
Subject: RE: iExternal] Stormwater system next to The Landings at Mitchell Village
, Mr. Whitford:
The stormwater permit for the pond in the middle of The Landings at Mitchell Village is SW8 011003.
It was issued to Mitchell Village, LLC and it expired on January 7, 2016, and has not been
renewed. Mitchell Village, LLC dissolved their corporate entity in August 2010, so we have little
recourse against them. Unfortunately, per the Carteret County GIS, Mitchell Village LLC is still listed
as the owner of the_pond and the other common areas. I don't understand how the County has
allowed a dissolved LLC to remain as a property owner for over 9 years without requiring them to
update the ownership. I wonder who has been paying the property taxes? We would not be able to
accept an application from the HOA to transfer the 011003 permit until the HOA owned the pond and
all the other common areas.
The stormwater permit for Mitchell Village Business Park is SW8 000707. It was renewed and
reissued to Charles S. Hester, Jr. on June 30, 2015 and'is in effect until January 7, 2024. The 000707
permit covers a lot of the commercial development you see, including the Holiday Inn Express (SW8
000811), Carteret Vision Center (SW8 000203); Texas Steakhouse (SW8 970933); The Sound Bank
(SW8 020815); 3 future lots 1, 2 and 3; and various streets and an offsite area.
The SW8 000707 project was last inspected on June 8, 2015. The Division was already aware of the
compliance issues associated with the SW8 000707 permit. I'll send one of the sediment inspectors
to the site to conduct a follow-up inspection.
The SW8 011003 project was also inspected on June 8, 2015, but no official inspection report was
generated. 1 will fix that shortly. The only issues that are shown on the hand-written report are that
one of the outlet pipes in the smaller pond might be clogged and that there is a lot of submerged
vegetation that needs to be removed.

You are free to schedule a file review of these permit files. Just give me a couple of convenient days
and times, and I will let you know if our file review room is available.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.lewisP-ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
_/''Nothing Compares., —,—
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Neil Whitford <[e-mail]>
Sent: Tuesday, May 28, 2019 4:30 PM
To: Lewis,Linda <[e-mail]>
Subject: lExternal] Stormwater system next to The Landings at Mitchell Village
c Exterhal email. Do not click -links or,open.attachments unless'you verify: Send "all suspicious email as:an attachment to, "x
Linda
The purpose of this email is to ask for a courtesy inspection of a presumed stormwater retention pond and features for
permit compliance.
I represent The Landings owners association in Morehead City. This is a townhouse development to the southwest of
the Wells Fargo branch at the corner of Hwy 70 and Rochelle Drive. The Landings have phases on both sides of Pittman
Avenue. In recent months/years, there has been considerable washout around some areas of parking lot (and the city
street). The basic problem seems to be sinkholes caused by leaking fittings on pipes leading from what apparently is a
stormwater retention pond to the west and north of a portion of The Landings. I attach a partial tax map that shows the
pond in question which is on the right hand side of the 4.42 acre tract in the center of the photograph. The Carteret
County tax office lists Charles S. Hester, Jr. as the owner of the property on which the retention pond in question is
located.
We are not exactly sure if this is an official stormwater retention pond, but there are several developments to the north
that would seem to need a stormwater permit and this looks the lo&a4 choice.
There is also a smaller pond in the middle of the northern section of The Landings and it is possible both ponds are a
part of a broad stormwater plan (and the smaller pond could also be contributing to the washout problem).
3

The was}�out is so bad that I was advised that the Town of Morehead City, in the past, had to make emergency repairs to
Pittman Drive to keep parts from collapsing, The same thing is happening to parking lots in The Landings.
In addition to a courtesy inspection, we hope you might be able to find any permit for this pond (and the one in the
middle of The Landings) to see if drawings are included showing the location of outlet pipes. Through all this, we might
be able to figure out who has responsibility for repairing any conditions that are causing the washouts.
Can I provide you with any more information?
Nei!
Neil B. Whitford
Kirkman; Whitford, Brady, Berryman & Gordon; P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email [e-mail]
web site: www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE. Please be advised that this e-mail and any files transmitted with it are confidential attorney -
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If .you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Tuesday, June 02, 2015 2:37 PM
To:
Lambe, Brian
Cc:
'Georgette Scott'; Sams, Dan
Subject:
Inspections, SW8 000707 (Mitchell Village) & SW8 011003 (Landing at Mitchell Village)
Brian,
I have two inspections for you in Carteret. Both are HD and each have a single pond.
1. SW8 000707: This one needs to be transferred before it can come into Express (tentatively scheduled for
6/29/15). It has a partial PE Certification, and it probably has a lot of undeveloped land in the drainage area. It
is a commercial subdivision, but for some reason the permit wasn't actually written as a subdivision (no deed
restriction requirements etc). For this one I am interested in the standard BUA, BMP, 0&M Items (and I will
leave you the checklist with the file.)
SW8 011003: This isn't being modified in Express, but it is adjacent to SW8 000707 and is permitted to the same
dissolved LLC. There is no certification on file, and the HOA that reportedly owns the pond now probably
doesn't have any idea that there is a permit for it. This is a condo development. For this one I am interested in
the standard BUA, BMP, O&M items (and I will leave you the checklist with the file), but I am also interested if
the condos look like they have yards attached or if it looks like it is just a building where people don't get to put
in their own patios etc.
Thanks,
KJ
)CeLL�JohwSovu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

File Review • SW8 011003, The Landing at Mitchell Village
5129115 1k
�tV5C,pj f\fa1*
1. Most Recent Issue Date: 117102 (HD, Single Pond, Not Subdivided)
Impervious Drainage Area
Impervious
Description
234,544
438,562
Buildings
115,094
-
5treets
28,154
-
Parking
81,678
-
Sidewalks
3,018
-
Storage
6,600
-
2. Expiration Date: 1 117112
3. Permit Extension to Be Granted: 117116 (this has not been formally issued yet.)
4. Renewal Application to be Submitted: 717115 (recommend submit a renewal for $505 when transfer & PR)
5, Transfers
717124 (would be expiration date if renew when transfer & PR)
a. Current Permittee: Mitchell Village, LLC' y
i. SoS, Active?: No, Administratively dissolved on 8/13/10 '
ii. SoS, Current Person: NIA c}{ [�J
iii. Original Signature wlSignature Authority? NIA
b. Proposed Permittee: Charles S. Hester, Jr. (not an LLC) (Verify)
i. SoS, Active?: NIA
ii. SoS, Current Person: NIA
iii. Original Signature wlSignature Authority? TBD — Transfer form is not yet submitted
c. General, per Session Law 2013-121: Can transfer to a new owner w/o approval of the current permittee if: TBD
(Also, new owner is involved with the current permittee.)
i. Project meets two conditions:
1. New owner requests transfer
2. All of following are true:
a. Current Permittee is or did one of the following:
i. Dead
ii. Dissolved
iii. Lost property ("Divested of Title")
iv. Sold property
b. New owner has deed
c. New owner is the only one who can use the permit ("sole claimant of rights to engage in
permitted activity")
d. Proposed project is similar ("no substantial change in the permitted activity")
ii. Current Permittee must follow permit until it is transferred.
iii. Proposed Permittee must follow permit once it is transferred.
iv. DEMLR can't put new permit constraints on the proposed permittee.
6. Inspection Documents Needed:
a. Ownership: Need: Deed for common areas
b. Recorded Deed Restrictions Need: Current permit is not subdivided, but need:
-Recorded restrictions if the lots have been subdividedlsold already
-Standard Deed Restriction template if not subdivided/sold already
c. PE Cert: Need
i. Pond 1 (which appears to serve SW8 000707): Partial Certification 1/25/01
ii. Pond 2 (which appears to serve SW8 011003): No Certification on file
7. NOV,10/18/10 (original appears to have been sent in 2003): Need to Resolve
a. Designer's Certification

.7
Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, April 10, 2015 12:51 PM
To: 'Ginger Turner'
Cc: 'Ron Cullipher'
Subject: RE: SW8 000707-Mitchell Village (High Density Carteret County)
Attachments: 0000_Regulations Transfer_2nd Transfer Law SL2013-121_2013.pdf
Ginger,
I just looked at this quickly but in talking to Linda about this, there is a lot of history. Evidently SW8 000707 and SW8
011003 are related and permitted to Mitchell Village, LLC which I understand is "gone".
If your client meets the requirements of SL2013-121 (attached) then we can transfer the permit to him. I haven't looked
through this in enough detail to see which lots are under each permit, but if you are going to take a permit that is
subdivided for "X" number of lots and turn it into "Y" number of lots in the same project area and same BUA overall and
not changing the treatment system then that is a PR.
If you want to send someone down for a file review just let me know.
Thanks,
KJ
From: Ginger Turner fmailto:[e-mail]
Sent: Friday, April 10, 2015 11:53 AM
To: Johnson, Kelly
Cc: 'Ron Cullipher`
Subject: SW8 000707-Mitchell Village (High Density Carteret County)
Kelly,
The above referenced permit is going to need to be modified in the near future given the owner wishes to take the
Future Commercial from the permit and create 3 lots to include a cul-de-sac. We are proposing to maintain the BUA
allotment from the permit for the Future Commercial. The permit that I have was issued to Hestron Corporation, which
was dissolved in 2008. 1 need to know if the permit has been transferred to the current owner, which happens to be the
secretary of the dissolved corporation, Charles S. Hester, Jr.. I know for the Seaside Villas transfer it was going to
potentially take a while to process and I wanted to get this one started so there are no timing issues.
Also since the overall area that was allotted for the Future Commercial is now being broken up into lots with a cul-de-sac
(BUA kept the same), what is required by NCDENR (modification or plan revision). I have attached the previously
submitted stormwater plan and also what is being proposed with the subdivided future commercial. Please let me know
if you have any questions and have a great weekend.
Thank you,
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 233

Fax: [phone]
Email Address: [e-mail]

Johnson, Kelly
From:
Weaver, Cameron
Sent:
Wednesday, May 20, 2015 10:03 AM
To:
Ginger Turner
Cc:
Johnson, Kelly
Subject:
RE: Mitchell Village (SW8 000707)
Hi Ginger.
Sorry, I meant to include that in the message. Yes, we don't encourage it, but we can do a phone conference
call. Generally we do this at the end of the meeting so the owner (or company representative) does not sit through the
entire meeting, although that is certainly best just so communication is direct. 'Company representative' is meant to be
someone affiliated with the day-to-day operations of the proposed project. Mr. Hester or one of his associates in his
company should be prepared for the phone call.
See you here on the 29'
Cameron
From: Ginger Turner [ma iIto: [e-mail]]
Sent: Wednesday, May 20, 2015 9:34 AM
To: Weaver, Cameron
Subject: RE: Mitchell Village (SW8 000707)
Thanks, but did you also receive my phone message in regards to the "owner's rep". The owner lives in Charleston, SC
and prefers not to attend. Has NCDENR ever done a conference call with the owner during the meeting or would
NCDENR entertain having a separate individual from our office that is representing Mr. Hester as his rep. He mentioned
he would contract with us for this separate service given his distance from Wilmington. Please let me know.
From: Weaver, Cameron [mailto:cameron.weaver(&ncdenr.gov]
Sent: Wednesday, May 20, 2015 9:26 AM
To: Ginger Turner
Subject: RE: Mitchell Village (SW8 000707)
Well, as is common with Express right now, it is a ways out, but I've got you on the books for June 29 at 10 AM here at
the DENR offices.
From: Ginger Turner [mailto:gturner(&stroudengineer.com]
Sent: Wednesday, May 20, 2015 9:04 AM
To: Weaver, Cameron
Cc: 'Ron Cullipher'
Subject: Mitchell Village (SW8 000707)
Cameron,
This is a follow up to this express request and phone message sent last week for Mitchell Village, in Morehead City.
Thanks,
Ginger

From: Ginger Turner [mailto:dturner stroudengineer.com]
Sent: Thursday, May 14, 2015 11:15 AM
To: 'Weaver, Cameron'
Cc: 'Ron Cullipher'; 'Charles Hester'
Subject: Mitchell Village (SW8 000707)
Please see the attached Express Request and let me know if you have any questions. I also left a voicemail in regards to
this project about options for the developer's role in the express meeting.
Thanks,
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 233
Fax: [phone]
Email Address: gturner2stroudengineer.com
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

,r
4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 22, 2011
Mr. Charles S. Hester, Jr.
Mitchell Village, LLC (dissolved)
PO Box 51365
Durham, NC 27717
Subject: Stormwater Permit Renewal Request
Mitchell Village and The Landings at Mitchell Village
Stormwater Project No. SW8 000707and SW8 011003
Carteret County
Dear Mr. Hester:
Dee Freeman
Secretary
On August 11, 2000, the Division of Water Quality issued a stormwater management
permit to Hestron Corporation for the development of 2 wet ponds to serve the Morning
Star at Mitchell Village development. On January 7, 2002; the Division of Water Quality
issued a modified stormwater management permit to Hestron Corporation for Mitchell
Village, that removed one of the ponds and put it under a separate stormwater permit
for "The Landings" (SW8 011003). On September 5, 2003, the Division received a
request to transfer the SW8 000707 permit from Hestron Corporation to Mitchell Village,
LLC. The permit was not transferred because the required remedial maintenance work
to the pond had not been done.
Both of these permits are set to expire on January 7, 2012. During preparation for
mailing out permit renewal notices, the Division discovered that Hestron Corporation,
Mitchell Village, LLC and Mitchell Village Development, LLC, have all been
administratively dissolved within the last 3 years. Please note that the administrative
dissolution of the LLC does not relieve you of the obligations under the permit. You
must distribute all the assets of the corporation within 5 years of dissolution, which
includes the stormwater permit. Please note that you can be held personally liable for
compliance with the permit conditions until such time as it is legally transferred to the
new owner of the project/property.
Please complete, sign and forward the attached Name/Ownership Change form to the
new owner in order to start the process of transferring the permit to the current owner.
In the meantime, you should also complete and submit the permit renewal request
application to the Division as soon as possible to renew the permit. Upon receipt of the
signed documents, the Division will inspect the project and upon a determination of
compliance with the stormwater permit, the permit will be renewed and transferred to
the new owner.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6746
Internet: www.ncwaterquality org
An Eoual O000rtunity 1 Affirmative Action Employer
NorthCarolina
Naturally

Mr. Hester
September 22, 2011
Permit Number SW8 000707
Please note that on July 1, 2003, the Division performed a compliance inspection of
Mitchell Village and issued a Notice of Violation (copy attached) on July 9, 2003, for the
deficiencies. To date, the Division has received a copy of a recorded deed restriction for
only the Sound Bank outparcel (DB 1022 at PG 301). The remaining outparcel #2 and the
future commercial tract have not yet been restricted. A partial Designer's Certification for
Pond #1 had been submitted in 2001. A Plan of Action was received on October 29, 2003,
but confirmation that the required repairs to the ponds had been completed has not been
received to date.
Also please note that on October 7, 2010, the Division performed a compliance inspection
of The Landings at Mitchell Village and issued a Notice of Violation (copy attached) on
October 18, 2010. This Notice required the submission of the Designer's Certification,
which has not yet been submitted. The Notice was returned as undeliverable to 190
Oakleaf Drive, Pine Knoll Shores, NC. Please keep in mind that it is your responsibility as a
permit holder to keep the Division informed of your current mailing address.
I'd like to thank you in advance for your immediate attention to these important matters and
I look forward to receiving the requested documents by October 22, 2011. If you have any
questions, please do not hesitate to contact me at [phone] or email me at
linda.lewis(c�ncdenr.gov
Sincerely,
,�e� z6tA�
Linda Lewis
Environmental Engineer III
GDSIarl: �SAWQSIStormwater\Permits & Projects120001000707 HDQ011 09 fetter 000707
cc: Ron Cullipher, P.E., Stroud Engineering
Carteret County Building Inspections
Wilmington Regional Office
Page 2 of 2

A-7mA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Caleen H. Sullins
Governor Director,
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-214.7(c2)iSession Law 2011-256)
Dee Freeman
Secretary
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)1 Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
Please notify QWQ ixior to the submittal of this transfer form to re nest an ins ection of the
stormwater system.
1. This completed and signed form.
2. Legal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conveyed to the proposed permittee in accordance
with the condominium or planned community declaration.
3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4. A copy of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
5. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee.
7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
Page 1 of 3

II. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:
2. Project Name:
3. Current Permitee's Company Name/Organization:
4. Signing Official's Name:
5. Mailing Address:
City:
6. Phone: ()
Title:
State: Zip:
Fax: ( )
III. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
The proposed permittee identified in the condominium or planned community's declaration is the
following (check one):
❑ Unit Owners Association
❑ Owners Association
❑ Other Management Entity
Proposed Permittee's:
1. Company Name/Organization:
2. Contact Name & Title (Please provide name of company/organization's authorized representative or agent
and her/his official title such as President):
3. Mailing Address:
City:
State: Zip:
4. Phone: ( ) Fax:
IV. CURRENT PERMITTEE'S CERTIFICATION
the current permittee, am submitting this request for
a transfer of stormwater permit # I hereby attest that I have met the
requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propose to transfer the permit
to a unit owners association, owners association, or other management entity identified in the
condominium or planned community's declaration. The common areas related to the operation and
maintenance of the stormwater management system have been conveyed to the unit owners
association or owners association in accordance with the declaration. I have provided a copy" of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWQ stormwater
inspection report evidencing compliance to the proposed permittee named in Section Ili of this form.
I further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or if all required
supporting information and attachments listed above are not included, this request package will be
Pace 2 of 3

returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWO unless and until the facility is in compliance with the permit.
Signature: Date:
1, , a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
otary Signature .
** It is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and the processing fee (if required), should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWQ Regional Office Contact Information:
Asheville Office ...... [phone]
Fayetteville Office
... [phone]
Mooresville Office
... [phone]
Raleigh Office ........
[phone]
Washington Office
...[phone]
Wilmington Office
... [phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
Paqe 3 of 3

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
11
Mitchell Village, LLC. (0592248)
PO Box 51365
Durham, NC 27717
State of North Carolina
Department of The Secretary of State
CERTIFICATE OF DISSOLUTION
I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Mitchell Village, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
Document Id: C201022509686
This the 13th day of August, 2010
Elaine F. Marshall
Secretary of State

NOTICE TO REGISTERED AGENT:
Under N.C.G.S, Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
Mitchell Village, LLC (0592248)
PO Box 51365
Durham, NC 27717
State of North Carolina
Department of The Secretary of State
CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Mitchell Village, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the 13th day of August, 2010
��016 �Z I I
Elaine F. Marshall
Secretary of State
Document Id: C201022509686

Al
xl "no
0
qN 00
�1}� N
■ O
p
z U
w0.
1p�
t 1, O1 lei
¢ 1!1
�tr)
SOS fµ(} O O
7
O
41 V C
i4 co C
OW6q
O : N
V1 iL 'L V
Z� Cf
{Z U ro c
U;pE
z�n�3
e
�
su
a
�
�
f#
�,
uy
of
-
O
:d
4
-
�Ct�
i
WAG
a
'
W a'.,.
x
GWO
-
VEW
[�
EX a J
es
m
DWM
pp
�-]Q
4
0
o
m
�
W
d
N
c
H
z
.—
x
z
�a
�U
� J '
IMLr
N
Mor-
_ Y
Y
o �
14

o
I

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 18, 2010
Mr. Charles S. Hester, Jr., Managing Partner
Mitchell Village, LLC
190 Oakleaf Dr.
Pine Knoll Shores, NC 28512
Subject: NOTICE OF VIOLATION, NOV-2010-PC-1100
The Landings at Mitchell Village
Stormwater Permit No. SW8 011003
Carteret County
Dear Mr. Hester:
Dee Freeman
Secretary
On October 7, 2010, Wilmington Regional Office personnel performed a Compliance
Inspection and file review of the subject project, located at Pitman Avenue in Morehead
City, Carteret County, North Carolina. The inspection was performed to determine the
status of compliance with Stormwater Permit Number SW8 011003, issued to you on
January 2, 2002.
The project has been found in violation of Stormwater Permit Number SW8 011003,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to certify the stormwater system. A file review revealed that this
office has not received a Designers Certificate.
Permit condition states that 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.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before November 25, 2010.
2. Submit a copy the required Designers Certificate.
Failure to provide the "Plan of Action" by November 25, 2010, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North C aro l i na
Internet: www.ncwaterquality.org Aaturally
An Equal Opportunity 1 Affirmative Action Employer

October 18, 2010
The landings at Mitchell Village
Stormwater Permit No. SW8 011003
By copy of this letter to the Carteret County Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David Cox at (910)-796-
7318.
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDSldwc: S:IWQSISTORMWATERINOTICE1011007
cc: Baldwin and Associates
Carteret County Building Inspections
John Hennessey
David Cox
Georgette Scott
Central Files
WiRO
Page 2of4

_ October 18, 2010
"'The Landings at Mitchell Village
Stormwater Permit No. SW8 011003
Page 1 of 2
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 weekly /
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 3 of 4

_ October 18, 2010
The Landings at Mitchell Village
Stormwater Permit No. SW8 011003
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.'
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
Morehead City Building inspections
Page 4of4

Compliance Inspection Report
Permit: SW8011003 Effective: 01/07/02 Expiration: 01/07/12 Owner: Mitchell Village L L C
Project: The Landings at Mitchell Village
County: Carteret Pittman Ave
Region: Wilmington
Morehead City NC 28557
Contact Person: Charles S Hester Title: Managing Partner Phone: [phone]
Directions to Project:
From Intersection of US Hwy 70 and NC Hwy 24, take NC Hwy 24.
Type of Project: State Stormwater - High Density
Drain Areas: 1 - (Peltier Creek) (03-05-03) ( SB:#)
On -Site Representative(s):
Related Permits:
SW8000707 Hestron Corporation - Mitchell Village And Morning Star
Inspection Date: 10107/2010 Entry Time: 12:30 PM Exit Time: 01:00 PM
Primary Inspector: David W Cox Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8011003 Owner - Project: Mitchell Village L L C
Inspection Date: 10/0712010 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
In order to bring this stormwater system into compliance you must perform the following:
1. Submit a copy of the Engineer's Certificate.
2. Repair the pond slopes to prevent further stuffing of the pond slopes.
File Review
Yes
No
NA
NE
Is the permit active?
■
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
❑
■
❑
❑
r
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
❑
❑
❑
Comment: This office has not received a copy of the Engineer"s Certificate.
SW Measures
Yes
No
NA
NE
Are the SW measures constructed as per the approved plans?
■
❑
❑
❑
Are the inlets located per the approved plans?
■
❑
❑
❑
Are the outlet structures located per the approved plans?
■
❑
❑
❑
Comment:
Operation and Maintenance
Yes
No
NA
NE
Are the SW measures being maintained and operated as per the permit requirements?
■
❑
❑
❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ
❑
❑
❑
■
upon request?
Comment: the pond slopes are stable but starting to sluffing off.
Page: 2

Re: Mitchell Village and The Landings
Subject: Re: Mitchell Village and The Landings
From: "David Mountcastle" <[e-mail]>
Date: Thu, 23 Oct 2003 09:14:26 -0400
To: "Linda Lewis" <[e-mail]>
CC: <[e-mail]>
Linda -
Good morning. Thank you for your comments regarding various
Mitchell Village
issues. I spoke w/ Steve Janowski, and he will be meeting me at
site
tomorrow. I am faxing you one of the two recorded deed restrictions
you
requested. As I mentioned a week or so ago, Charles Hester has been
out of
the country. He has returned, and I have a deed restriction ready
for him to
sign - then we'll record.
The townhouse pond has been completed on all the issues you
mentioned. I
believe that is permit SW8 011003.
On the commercial area pond, I believe permit # SW8 000707, we
still need to
create a "action plan" and confirm sediment' removal. I am
contacting a
contractor to complete the removal of weedy and woody vegetation. I
believe
the two ponds will be ready for inspection by the 1st or 2nd week
in
November. The documentation, recorded deeds, and action plans -
should be to
you by the end of the month.
Thank you for your assistance and patience.
David
----- Original Message -----
From: "Linda Lewis" <[e-mail]>
To: "David Mountcastle" <[e-mail]>
Sent: Wednesday, October 22, 2003 12:31 PM
Subject: Mitchell Village and The Landings
Dear David:
I am writing to inquire about the status of the resolution of the
Notices of Violation for these projects. I need to know if the
work on
the ponds has been completed in order to schedule another
inspection
1 of 2 10/23/2003 9:20 AM

Re: Mitchell Village and The Landings
prior to transferring the Mitchell Village permit.
The deed restriction language you last emailed me is fine, except
that
you may want to reference a recorded map in a map book and page
number
instead of describing the physical location of the tract of land
that
will be restricted. The language in the covenant, with DENR as a
party,
is unconventional. In order to record a covenant for a tract of
land, it
is not necessary to make DENR a party- we are merely the agency
that is
requiring the developer to place a restriction on the amount of
built -upon area for a specific tract within the drainage area of
the wet
pond that will treat the runoff. The restriction is to ensure
that the
tract is not overbuilt by a new owner should it be subdivided
and/or sold.
Linda
2 of 2 10/23/2003 9:20 AM

ICI
and ASSOCIATES
ENGINEERING, SURVEYING & PLANNING
Linda Lewis
Environmental Engineer
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
1 n! Alm, A A rinnn III
� zMichael•W.,BaUd in; PLS
------- -_-•.__ IS.Janowski, PE
- _�
July 31, 2003 0�
!� 11�
V
Re: Storm Water Permit No. SW8 011003- The Landings @ Mitchell Village
Carteret County- Plan of Action for Notice oi' Violation Dated July 9, 2003
Dear Linda:
On July 30, 2003, 1 met out on the site with the developers and contractors for the
referenced project. We have prepared a plan of action to complete the request outlined in
the July 9, 2003 N.O.V. The plan of action is as follows:
Condition II.3 - Slopes are to be re -graded to 3:1 or flatter and all eroded areas
repaired. The existing weedy and woody vegetation will be stripped off the
existing banks, topsoil will be redistributed and the banks are to be hydro -seeded.
An excelsior mat is to be placed on top of the hydro -seed in order to protect from
future erosion. The developer will identify any areas on the slopes that grass is not
established and reseed until grass is established. The banks will be mowed
routinely to ensure well established grass vegetation.
2. Condition 11.6 - There are currently 2 - 4" openings in the concrete. One will be
Plugged and the other will be retrofit with a 4" sanitary tee with a 2" diameter'
orifice to meet the plans and specifications. The depth in main pond area is to be
excavated an additional two feet in order to remove sediments and meet the plans
and specifications. .
3. Condition 11.7 - A certification will be provided for this pond upon the completion
of the modifications listed herein. We do not anticipate any deviations from the
plans upon the completion of the above items.
1015 Conference Drive © Greenville, North Carolina 27858 ❑ 252-756-1390 ❑ Fax: [phone]
Email: [e-mail]

Linda Lewis
July 31, 2003
Page 2
The work described above is currently under construction and a certification will be sent
to your office upon completion. The anticipated date of completion is Tuesday, August 5,
2003.
If you need any additional information please call.
rusw
cc: David Mountcastle

V
�0F WArF9Michael F. Easley, Governor
�Q tz� ��� William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
SEP 0 5 2003 Alan W. Klimek, P.E. Director
PWQ Division of Water Quality
PROD #
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
1. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: jwg �6!/ QO 3
2. Permit Holder's name: A min Q-UL..t.-
3. Signing official's name: l.�nat �a t �Sr . Title:
(person legally respo able for permit)
4. Mai I ing address: liD ua%. ,,-� L� City:,^ayop(( �Aooe5
State: A(— ZipCode: a 4,rr a Phone:,2Q- J,0 •d No</ FAX: ;ZU
(Area Code and Number) (Area Code and Number)
11. NEW OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
a. Change in ownership of the property/company (Please complete Items #2,
#3, and 44 below)
fib. Name change of project (Please complete Item 45 below)
c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
3. New owner's signing official's name and title:
(Person legally responsible for permit)
(Title)
4. New Mailing Address: Pc> lyo,& kZ9e-1 U. City: iity" cl 1
Stater ZipCode: 99SAVI Phone;PO-Yoi-D#D4 FAX: eP412
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:
N. C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone] Customer Service
[phone] Fax [phone]
ZAF
h1CDEINR

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
l . This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE
PERMITTEE'S CERTIFICATION.
Current Perrnittee's Certification:
AND SIGN ONLY THE CURRENT
attest that this application for a name/ownership
change has been reviewed bkid is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: Date: o 3
New Applicant's Certification: (Must be completed for all transfers of ownership)
1, 1Ft�__Y1Q �, `"5 �- _ , attest that this application for an ownership change
has been reviewed and is accu ate and complete to the best of my knowledge. I understand that if
all required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
Signature:4 Date:
THE COMPLETED APPLICA ION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis

`QF W ATFR Michael E. Easley, Governor
�QWilliam G. Ross Jr., Secretary
O� G
North Carolina Department of Environment and Natural Resources
co 7
Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 15, 2003
CERTIFIED MAIL #7003 0500 0000 8804 3099
RETURN RECEIPT REQUESTED
Mr. Charles Hester, President
Mitchell Village, LLC
c/o Hestron Plaza One, Highway 24
Morehead City, :NC 28557
Subject: Notice of Violation .
The Landings at Mitchell Village
Stormwater Project No. SW8 011003
Carteret County
Dear Mr. Hester:
On July 9, 2003, the Division sent you a Notice of Violation via certified mail
#7003 0500 0000 8804 3051, for The Landings at Mitchell Village, to 190 Oakleaf Drive,
Pine Knoll Shores, as supplied on the stormwater permit application you submitted. The
notice was returned as undeliverable (copy enclosed). If the Pine Knoll Shores address
is no longer valid, please submit an official change of address form referencing Project
Number SW8 011003, so that our permit records can be kept updated.
The July 9, 2003, Notice of Violation had a response date of August 9, 2003.
Please revise that response date to August 15, 2003. If you have any questions, please
do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATILETTERS1011003.ju103
cc: Ron Cullipher, P.E.
Linda Lewis
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
X"
u�
NCDENR

:f
Mr. Hester
July 9, 2003
Stormwater Permit No. SW8 011003
3. Condition 11.7— 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 deviation from the approved plans
and specifications must be noted on the Certification.
The required Designer's Certification has not been submitted.
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take
to correct the violations and a time frame for completion of those actions,
on or before August 9, 2003.
2. Remove the woody and weedy vegetation, repair the eroded areas of the
side slopes, and establish permanent vegetation on the slopes.
3. Remove or permanently block one of the orifices, and install the correct 2"
size on the second.
4. Since the project is not yet complete, but the pond has been placed in
Operation, please submit a partial Designer's Certification.
Failure to provide the "Plan of Action" by August 9, 2003, or to correct the
violations by the date designated in the "Plan of Action", are considered violations of
15A NCAC 2H.1000, and may result in the initiation of enforcement action which may
include recommendations for the assessment of civil and criminal penalties, pursuant to
NCGS 143-215.6A.
By copy of this letter to the Carteret County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at
[phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSlarl: S:1WQSISTORMWATINOTICE1011003.jul03
cc: Ron Cullipher, P.E.
Carteret County Building Inspections
Linda Lewis
Central Office
4

WA7Ea Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
c�
Alan W. Klimek, P.£.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 15, 2003
CERTIFIED MAIL #7003 0500 0000 8804 3099
RETURN RECEIPT REQUESTED
Mr. Charles Hester, President
Mitchell Village, LLC
c/o Hestron Plaza One, Highway 24
Morehead City, 'NC 28557
Subject: Notice of Violation
The Landings at Mitchell Village
Stormwater Project No. SW8 011003
Carteret County
Dear Mr. Hester:
On July 9, 2003, the Division sent you a Notice of Violation via certified mail
#7003 0500 0000 8804 3051, for The Landings at Mitchell Village, to 190 Oakleaf Drive,
Pine Knoll Shores, as supplied on the stormwater permit application you submitted. The
notice was returned as undeliverable (copy enclosed). if the Pine Knoll Shores address
isno longer valid, please submit an official change of address form referencing Project
Number SW8 011003, so that our permit records can be kept updated.
The July 9, 2003, Notice of Violation had a response date of August 9, 2003.
Please revise that 'response date to August 15, 2003. If you have any questions, please
do not hesitate to call me at [phone].
Sincerely,
I
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWA-RLETTERS1011003.ju103
Cc: Ron Cullipher, P.E.
Linda Lewis
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service 9*7A
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NC€]ENR

Sound Bank / Mitchell Village
Subject: Sound Bank / Mitchell Village
Date: Wed, 02 Jul 2003 10:07:26 -0400
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: David Mounteastle <[e-mail]>,
Steve Janowski <j sj anowski@earth link.net>
CC: Ron Cullipher <[e-mail]>
Dear David and Steve:
I inspected the ponds at Mitchell Village and The Landings. Both are in
need of permanent vegetation, sediment removal, and work on the outlet
structures. The water level in the pond was much higher than the water
level in the outlet structure, indicating that the orifice was clogged.
The sediment around the outlet structure had accumulated to the point
that it covered the orifice. There was only weedy type vegetation on the
slopes, no permanent grass.
The original approval for The Landings pond had a single 2" orifice, but
the outlet structure has 2 orifices, each about 3" or 4", and running.
There has been no rain for 6 days, therefore, the pond level should have
been down to permanent pool level. There was only weedy type vegetation
on the slopes, no permanent grass, and the slopes appeared to be steeper
than 3:1. Erosion Control measures around some of the curb inlets in the
road were inadequate and not functioning.
I am choosing not to hold up the Sound Bank approval at this time, since
the tract was only included as part of the offsite drainage area.
However, please note that the Division is well within it's authority to
hold up an offsite permit pending resolution of these violations.
Additionally, I am issuing a Notice of Violation to Charles Hester for
both ponds.
Linda
1 of 1 7/2/2003 10:22 AM

f
State Stormwater Management Systems
Permit No. SW8 01 1003
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 ofArticle 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mitchell Village, LLC
The Landings at Mitchell Village
Carteret County
FOR TIIE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC
21-I .1000 (hereafter referred to as the "stormwater rules') and the approved stor rwater 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 perinit.
'Phis permit shall be effective from the date of issuance until January 7, 2012 and shall be subject to the following
specified conditions and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from
234,544 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The tract will be limited to the amount of built -upon area indicated on page 3 ofthis permit, and per approved
plans.
All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded casements. The final plats for the project will be recorded showing all such required easements, in
accordance with the approved plans.
6. The runoff from all built -upon area within the permitted drainage area of this project must be directed into
the permitted stormwater control system. A permit modification must be submitted and approved prior to
the construction of additional built -upon area from outside of the approved drainage area.
2

j State Stormwater Management Systems
Pert -nil No. SW8 011003
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
The Landings at Mitchell Village
Permit Number:
SW8 011003
Location:
Carteret County
Applicant:
Mr.Charles S. Hester, Jr., Managing Partner
Mailing Address:
Mitchell Village, LLC
190 Oakleaf Drive
Pine Knoll Shores, NC 28512
Application Date:
October 10, 2001
Name of Receiving Stream/Index 4:
Peltier Creek / White Oak River / 20-36-1 1
Classification of Water Body:
"SB"
If Class SA, chloride sampling results:
n/a
Pond Depth, feet:
7
Permanent Pool Elevation, FMSI_:
11
Drainage Area, acres:
10.07
Total Impervious Surfaces, ft':
234,544
Buildings, ft':
115,094
Streets, ft':
28,154
Parking, ft':
81,678
Sidewalks, ft':
3,018
Storage, ft':
6,600
Offsite Area entering Pond, ft':
None, per engineer
Required Surface Area, ft':
9,212
Provided Surface Area, ft':
9,221
Required Storage Volume, ft':
19,594
Provided Storage Volume, ft':
24,894
Temporary Storage Elevation, FMSL:
13.25
Controlling Orifice:
2"tp pipe
3

'r
State Stormwater Management Systems
Permit No, SW8 011003
I1. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas ofthe system will be repaired
immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance flan 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 and vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and
piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel of
DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless
the facilities are constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
7. 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
certifyingthat the permitted facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for those deviations.
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.
9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any modification to the approved plans, including, but not I imited
to, those listed below;
a. Any revision to any item shown on the approved plans, including the stormwater management
measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering; or piping of any vegetative conveyance shown on the approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the
approved plans, prior to construction. If the proposed BUA exceeds the pemitted amount, a modification to
the permit must be submitted and approved prior to construction.
4

r
State Stormwater Management Systems
Penn it No. SW8 011003
11. A copy of the approved plans and specifications shall be maintained on vile by the Permittee for a minimum
of ten years from the date of the completion of construction.
12. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days.
13. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the
name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the stormwater faciiittes will be
restricted by the sale or lease of any portion of the property.
14. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
15. 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 grid certification in writing to the Director that the changes have been made.
IIl. GENERAL CONDITIONS
I . This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request wi 11 be considered on its merits and may or may
not be approved. Responsibility for compliance with all permit conditions remains with the Permittee until
such time as the Division approves the formal permit request.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance withNorth Carolina General Statute 143-
215.6A to 143-215.6C.
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.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management systems.
The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting all components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
Permit issued this the 7th day of January, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A k - N L±r
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
5

Y
State Stormtivater Management Systems
Permit No. SW8 01 1003
The Landings at Mitchell Village
Stormwater Permit No. SW8 011003
Carteret County
Designer's Certification
1, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
roject)
for (Project Owner) hereby state that, to the best of my abil ities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
R

r
State Stormwater Management Systems
Permit No. SW8 011003
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
G. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
1 ] . Required drawdown devices are correctly sired per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDLNR-DWQ Regional Office
Morehead City Building Inspector
7

,'/
I
STROUD. ENGINEERING, P.A.
Hestron Plaza Two
151-A Hwy. 24
MOREHEAD CITY, NC 2855 RECEIVED
[phone] OCT 10 �0�1
TO ----
45-
WE ARE SENDING YOU kttached ❑ Under separate cover via
>
❑ Shop drawings ❑ Prints Plans
❑ Copy of letter ❑ Change order ❑
112TTEnOIF o A IJ�.I�LIVIJLI��lr.1l
DATE
/d o 1
JOB NO.
F* -tog--2a:
ATTENTION
No
RE:
Sw o0
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
Q
w
D 4
THESE ARE TRANSMITTED as checked below:
REMARKS
❑ For approval
❑ For your use
As requested
❑ For review and comment
❑ FORBIDS DUE
OWN
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED: 7 _
If enclosures are not as noted, kindly notify us at once.
ev�N A&O/,V/ P.

7-4

STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
October 9, 2001
Noelle Lutheran
NCDENR Dept. of Environmental Health
127 Cardinal Drive Extension
Wilmington, N.C. 28405
RE: The Landings at Mitchell Village
Stormwater Project No. SW8 011003
Carteret Count
Dear Noelle:
Per our telephone conversation on October 9, 2001, please find enclosed a reference drawing for you
files.
If you have any questions please do not hesitate to call me.
Kevin Kuhn, P.E.
Stroud Engineering, P.A.
CC: File
107 COMMERCE ST.
HESTRON PLAZA TWO
SUITE B
102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858
WILMINGTON, NC 28403 MOREHEAD CITY, INC 28557
[phone]
[phone] [phone]

STROUD ENGINEERING, P.A.
Hestron Plaza two''
151-A Hwy. 24
MOREHEAD CITY, NC 28557
[phone] 11
0.
JOB N
TATTFNTIO /v/O p f
TO '�.�RE:
/ r �.-
ti
WE ARE SENDING YOU J( Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints j1Plans ❑ Samples ❑ k-ellcopy of letter ❑Change order -I
0001
�"
E /ism
aimARi/I
THESE ARE TRANSMITTED as checked below:
For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
l�—_1--
COPY TO
SIGNED: C/ "^�— y
If enclosures are not as noted, kindly notify us at once. 4y/1� Jljh_V

•' � �
`�
.4
.� .., err
.. _ - . r✓ _I . Y �
... �
e..i 'Z�•-:,_ - -'� _ � mac"-� - �.�. -.. J'•
�T . ,,.Cw
.3. � the . � .- .. i - _
V
r

STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
September 26, 2001
Noelle Lutheran
NCDENR Dept. of Environmental Health
127 Cardinal Drive Extension
Wilmington, N.C. 28405
RE: The Landings at Mitchell Village
Stormwater Project No. SW8 000707
Carteret Count
Dear Noelle:
Based on your conversation with Ron Cullipher, P-E., please find enclosed a complete Stormwater
Management Permit package, revised, for "The Landings at Mitchell Village." This project was initially
permitted as a part of the "Morning Star at Mitchell Village" project. Mitchell Village, L.L.C. has acquired
10.07 acres from the Hestron Corporation, the original permit holder. The submitted package reflects the
changes to the Site Plan, Grading Plan, Stormwater Plan, and the Stormwater Pond design.
If you have any questions please do not hesitate to call me.
Kevin Kuhn, P.E.
Stroud Engineering, P.A.
CC: Charles S. Hester, Jr. , Mitchell Village, L.L.C.
File
107 COMMERCE ST.
SUITE B 102-D CINEMA DRIVE
GREENVILLE, NC 27858 WILMINGTON, NC 28403
[phone] [phone]
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NC 28557
[phone]