SW8890904_COMPLIANCE_20221228

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 iS`1aoo`t
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
Zo Z2 122$
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLASR.ANSEL
Interim Director
December 28, 2022
NORTH CAROLINA
Environmental Quality
Portofino Associates Limited Partnership
Attn: Robert W. Kilroy, Registered Agent
110 Hampstead Villages
Hampstead, NC 28443
Subject: Permit Revoked per Session Law 2021-158
State Stormwater Management Permit No. SW8 890904
Portofino Subdivision
Onslow County
Dear Mr. Kilroy:
On September 16`s, 2021, the Governor signed Session Law 2021-158. As of January 1, 2022, Section 4(b) of
this law revokes all low density certifications and approvals issued prior to September 1, 1995 and considers the
built -upon area as existing development for the purposes of G.S. 143-214.7(al).
The Division has reviewed the file for this low density project, last approved on October 17, 1989 as a Certificate
of Compliance, and confirmed that this project meets the requirements to be revoked. Therefore, in accordance
with Session Law 2021-158, this permit has been revoked effective January 1, 2022 and the built -upon area
associated with this project will now be considered existing development. Any future development on the project
or site shall comply with the requirements of G.S. 143-214.7 and any recorded deed restrictions.
If it would be helpful to discuss this matter further, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Sincerely,
C,-WS(
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
DES\ams: \\\Stormwater\Permits & Projects\1989\890904 Inactive\2022 12 revoke 890904
cc: Onslow County Building Inspections
Onslow County planning & Development
Wilmington Regional Office Stotmwater File
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
_ ./ Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, Nonh Carolina 28405
ow rnFaw��m+o..v�r� / 910.796,7215

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Limited Partnerships
Legal Name
Portofino Associates Limited Partnership
Information
Sosld: 0002886
Status: Current -Active O
Date Formed: 2/6/1989
Citizenship: Domestic
Annual Report Due Date:
Registered Agent: Kilroy, RobertW
Addresses
Reg Office
110 Hampstead Village
Hampstead, NC 28443
Reg Mailing
110 Hampstead Village
Hampstead, NC 28443

State of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
October 22, 1993
Mr. Richard J. Seikaly
Express Development Corporation
3141 N Street NW
Washington, D.C. 20007
Resources
Bob Jamieson
Regional Manager
Subject: COMPLIANCE STATUS
Portofino Subdivision
Stormwater Project No. 890904
Onslow County
Dear Mr. Siekaly:
On September 13, 1993, a Compliance Inspection Report was sent to you concerning the project,
Portofino Subdivision. As of this date, the items cited in the letter have been resolved through requiring
the roadside swales to be re -constructed as each home is built, providing positive drainage through
grassed swales at all times during the construction. The project will be in compliance with the Stormwater
Certification issued on October 17, 1989 when all swales are completed, functional and maintained.
If you have any questions concerning this matter, please do not hesitate to call Linda Lewis or
me at [phone].
Sincerely,
<
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\STATUS\890904.00T
cc: Linda Lewis
Mr. Marshall Batchlor, Onslow County Building Inspections
Wilmington Regional Office
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

10/211 17:33 $`202 3374187
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''October 21, 1993
BY TELEFAX - 919/350-2004
EXPRESS GROUP
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1993
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Ms. Linda Lewis oT # sec1904-
State of North Carolina
Department of Environment, Health and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, DC 28405-3845
RE: Storm Water Project No. 690904;
Portofino Subdivision
Dear Ms. Lewis:
We apologize for the time it has taken us to respond
to your letter of April 28, 1993 and that of Mr. Shiver of
September 13, 1993.
We have asked Mr. Dominick Butch to investigate this
matter and respond to your notice. Mr. Butch had performed
the engineering and supervision service during our
development of this project.
We were advised by Mr. Butch that roadside swales were
indeed constructed during development of this subdivision
during 1989 in accordance with approved plans.
Unfortunately since then, there has been no demand for
our lots. However, the immediate future looks more
encouraging.
CWe would. -like_ to assure_ you -that as --individual- lots
;ar_e.sold and housesare.built,- the roadside swales-will be,-
crebuilt.,
We shall appreciate your agreement to this plan of
action.
Very truly yours,
Richard J. Seikaly
President
cc: Mr. Dominick Butch
Quadrant Surveying
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Exprveess
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
September 13, 1993
CERTIFIED MAIL P 069 898 796
RETURN RECEIPT REQUESTED
Mr. .Richard J. Siekaly, President
Express Development Corporation
1054 Thirty-first Street NW, Suite 100
Washington, D.C. 20007
Subject: NOTICE OF VIOLATION
Stormwater Project No. 8� 90904)
Portofino Subdivision
Onslow County
Dear Mr. Siekaly:
On October 17, 1989, a Certification of Compliance with Stormwater Regulations, Number
890904, was issued to Mr. Dominick Butch, R.L.S. of Quadrant Surveying for Portofino Subdivision,
located in Highway 210, Topsail Island. As stated in the Certification of Compliance:
...the project shall be constructed in accordance with the plans and specifications
filed in the Wilmington Regional Office.
On April 20, 1993, Regional Office Staff conducted a compliance inspection of the project's
stormwater facilities and found construction completed and the facility occupied. On April 28, 1993 a
copy of the Stormwater Compliance Inspection Report was sent to you. Please find attached another copy
of the completed form entitled "Stormwater Compliance Inspection Report" which summarizes the
findings of the inspection. The following condition was observed during the inspection and is in violation
of the Certification:
1. Roadside swales are non-existent and have not been constructed per the approved plans.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

? Mr. Siekaly
September 13, 1993
Stormwater Project No. 890904
Failure to construct the stormwater controls as approved and is a violation of 15A NCAC 2A.1003
and is subject to enforcement action pursuant to NCGS 143-215.6A including the assessment of civil and
criminal penalties up to $10,000.
Failure to provide the required "plan of action" which designates the date by which the above item
will be permanently resolved, prior to October 13, 1993, will result in the initiation of appropriate
enforcement action by this Office. That action may include recommendations for the assessment of
penalties and/or revocation of the Certification.
If you have any questions concerning this matter, please call Ms. Linda Lewis or Mr. Dave
Adkins at [phone].
Sincerely,
C (-
Rick Shiver
Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\NOTICE\890904.SEP
cc: Mr. Marshall Batchlor, Onslow County Building Inspector
Bradley Bennett
(2) Linda Lewis
Central Files

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Portofino Subdivision
Project Number: 890904 Control Measure: Density
Water Body: Stump Sound Classification: SA
Directions to site, address: Highway 210, Topsail Island.
2. Inspection Date: April 20, 1993
Weather Conditions: Warm, sunny
3. Comparison of Approved plans vs. As -Built: Road swales not constructed.
4. Maintenance Problems: N/A
5. PE Certification Received? N/A/ Recorded Deed Restrictions Received? NO
6. Comments:
1. Please provide the road swales per the approved plan.
2. Please provide a copy of the recorded deed restrictions including the built -upon area limit
of 2,405 square feet per lot.
Inspector: Linda Lewis
�Y'li,f.Gv
Water Quality/Wilmington Regional Office/[phone]
DA/arl: S:WQS\STORMWAT\NOTICE\890904.SEP

P 069 898 796
Receipt for.
Certified Mail
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P.O.. Slbwrand ZIP Code
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UNITED STATES POSTAL —
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Official Business [
qd Print your name, address and ZIP Code here
D'�1 • NC DEHNR - DEM WATER QUALITY SECINON
v W 127 CARDINAL DRIVE EXTENSION
CIO WILMINGTON NC 28405-3845
ATTN: JAN PETERS

m SENDER:
N
• Complete items 1 andlor 2 for additional services.
y Complete items 3, and 4a & b.
m • Print your name and address on the reverse of this form so that we can
N return this card to you.
ti• Attach this form to the front of the mailpiece, or on the back if space
does not permit.
d • Write "Return Receipt Requested" on the mailpiece below the article number
• The Return Receipt will show to whom the article was delivered and the date
delivered.
I also wish to receive the
following services (for an extra A
fee): >
1. ❑ Addressee's Address in
2. ❑ Restricted Delivery
insult postmaster for fee.
3. Article Addressed to: : 4a. Article Number
P 069 898 796
a Mr. Richard J. Siekaly, Pres. ab. Service Type
c Express Development Corp. ❑/Registered ❑ Insured
1054 Thirty —First St. NW,
in _Certified � _ O COD
W Suite 100 Express Mail ❑Return Receipt for
o Washington, D.0 '20007 aand
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5. Si Pature (Addressee)
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> PS Form 3811, December 1991 *U.S. GPO: 1962-323.402 .D
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RETURN RECEIPT

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
April 28, 1993
Mr. Richard J. Siekaly, President
Portofino Associates, Limited
1054 Thirty-first Street, NW, Suite 100
Washington, D.C. 20007
Subject: COMPLIANCE INSPECTION
Portofino Subdivision
Stormwater Project No. 890904
Onslow County
Dear Mr. Siekaly:
On April 20, 1993, a Compliance Inspection of the Stormwater control facilities for Portofino
Subdivision was performed. The following items were observed to be in need of maintenance:
1. Road -side swales per the approved plan are non-existent. A 5" deep ditch on each side of
the cul-de-sacs is required.
Please initiate corrective action immediately and inform this Office by letter when maintenance
is complete. A followup inspection will be performed. If the items cited above are not corrected by May
28, 1993, initiation of enforcement may begin. If you have any questions concerning this matter, please
call me at [phone].
Sincerely,
afirJGPcv G�22-t�,�
Ms. Linda Lewis
Environmental Engineer
DA/arl: 890904I.APR
cc: c=::;,(2)=L:inda33ewis�
Bradley Bennett
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirrnetive Action Employer