HomeMy WebLinkAboutSW8130514_Historical File_20220228 STROUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
�
DATE /
1 C /� C _. 3�'1�/y�9J f
(91O) SiS-O7'IS ATTENTION �6_ Z 1 6 -�O f
TO ��� RE:
C 1
w� 1305 L/
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGNE . '
If enclosures are not as noted,kindly notify us at once.
Johnson, Kelly
From: Luke Menius <Imenius@stroudengineer.com>
Sent: Friday, December 10, 2021 1:25 PM
To: Johnson, Kelly
Cc: Jimmy Fen tress;Scott Gerow
Subject: [External] RE:The Knolls at Turkey Creek Section I (SW8 130514) -State Stormwater
Attachments: KNOLLS RESTRICTIVE COVENANTS DB 4453 PG 298.pdf,2021 12 addinfo 130S14.pdf
TKATC S1131 SW rev.pdf;S1P1 SWALE CALCS rev.pdf
CAUTION: External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
1. The rip rap apron detail has been corrected to account for multiple pipe sizes. The revised plan is
attached and 2 hardcopies will be delivered.
2. Revised swale and outfall calculations are attached. Swales 9 and 10 originally discharged to a blind
swale with a scour hole. Presently, swale 9 discharges to a rip rap weir and swale 10 discharges to a
box. This has been better annotated on the revised plans. A hardcopy of these calculations will be
delivered.
3. Yes, the certification was issued based on what was understood to be the current plan. The pending
modification will resolve this.
Please note that the original covenants were recorded at DB 4453 PG 298. Stormwater-specific items
are addressed beginning on page 310. These are attached for reference and call for a maximum BUA
of 4500 sf per lot which is less than the amount permitted by SW8 130514. The declarant recognized
the permitted BUA per lot was more than was necessary/desired for these lots and elected to limit
them beyond the limits of the permit. The declarant wishes to retain to right to assign the full
permitted BUA value at their discretion and, therefore, no permit modification to reduce the BUA
allotment to match the covenants is desired. I'm delivering a single copy of the original restrictive
covenants. Please let me know if you'd like additional copies to include in the files of the subsequent
permits.
4. Acknowledgement of this being resolved is noted, thank you.
5. Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<kelly.p.johnson@ncdenr.gov>
Sent:Thursday, December 2 20212:44 PM
To:sgerow@aol.com
Cc:Jimmy Fentress<jfentress@stroudengineer.com>; Luke Menius<Imenius@stroudengineer.com>
Subject:The Knolls at Turkey Creek Section I (SW8130514)-State Stormwater
Mr. Gerow,
1
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots*were* added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
K.eI,I,I�OhV%'SoV6
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
5tormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
2
Johnson, Kelly
From: Luke Menius <Imenius@stroudengineer.com>
Sent: Friday, December 10, 2021 1:25 PM
To: Johnson, Kelly
Cc: Jimmy Fentress;Scott Gerow
Subject: [External] RE:The Knolls at Turkey Creek Section I (SW8 130514) - State Stormwater
Attachments: KNOLLS RESTRICTIVE COVENANTS DB 4453 PG 298.pdf,2021 12 addinfo 130514.pdf,
TKATC S1P1 SW rev.pdf, S1131 SWALE CALCS rev.pdf
1. The rip rap apron detail has been corrected to account for multiple pipe sizes. The revised plan is
attached and 2 hardcopies will be delivered.
2. Revised swale and outfall calculations are attached. Swales 9 and 10 originally discharged to a blind
swale with a scour hole. Presently, swale 9 discharges to a rip rap weir and swale 10 discharges to a
box. This has been better annotated on the revised plans. A hardcopy of these calculations will be
delivered.
3. yes, the certification was issued based on what vi-as und"arstood to be the current plan. The pep.d P.g
modification wiii resolve this.
Please note that the original covenants were recorded at DB 4453 PG 2.98. Stormwater-specific items
are addressed beginning on page 310. These are attached for reference and call for a maximum BUA
of 4500 sf per lot which is less than the amount permitted by SW8 130514. The declarant recognized
the permitted BUA per lot was more than was necessary/desired for these lots and elected to limit
them beyond the limits of the permit. The declarant wishes to retain to right to assign the full
permitted BUA value at their discretion and,therefore, no permit modification to reduce the BUA
allotment to match the covenants is desired. I'm delivering a single copy of the original restrictive
covenants. Please let me know if you'd like additional copies to include in the files of the subsequent
permits.
4. Acknowledgement of this being resolved is noted, thank you.
5. Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<kelly.p.johnson@ncdenr.gov>
Sent:Thursday, December 2, 20212:44 PM
To:sgerow@aol.com
Cc:Jimmy Fentress<jfentress@stroudengineer.com>; Luke Menius<Imenius@stroudengineer.com>
Subject:The Knolls at Turkey Creek Section I (SW8 130514)-State Stormwater
Mr. Gerow,
1
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today,lots*were* added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
K.EI. U J0k1A,SDw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
2
Johnson, Kelly
From: Luke Menius <Imenius@stroudengineer.com>
Sent: Friday, December 10, 2021 1:25 PM
To: Johnson, Kelly
Cc: Jimmy Fentress;Scott Gerow
Subject: [External] RE:The Knolls at Turkey Creek Section I (SW8 130514) - State Stormwater
Attachments: KNOLLS RESTRICTIVE COVENANTS DB 4453 PG 298.pdf;2021 12 addinfo 130514.pdf;
TKATC S1 P1 SW rev.pdf; S1 P1 SWALE CALCS rev.pdf
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
1. The rip rap apron detail has been corrected to account for multiple pipe sizes. The revised plan is
attached and 2 hardcopies will be delivered.
2. Revised swale and outfall calculations are attached. Swales 9 and 10 originally discharged to a blind
swale with a scour hole. Presently, swale 9 discharges to a rip rap weir and swale 10 discharges to a
box. This has been better annotated on the revised plans. A hardcopy of these calculations will be
delivered.
3. Yes,the certification was issued based on what was understood to be the current plan. The pending
modification will resolve this.
Please note that the original covenants were recorded at DB 4453 PG 298. Stormwater-specific items
are addressed beginning on page 310. These are attached for reference and call for a maximum BUA
of 4500 sf per lot which is less than the amount permitted by SW8 130514. The declarant recognized
the permitted BUA per lot was more than was necessary/desired for these lots and elected to limit
them beyond the limits of the permit. The declarant wishes to retain to right to assign the full
permitted BUA value at their discretion and,therefore, no permit modification to reduce the BUA
allotment to match the covenants is desired. I'm delivering a single copy of the original restrictive
covenants. Please let me know if you'd like additional copies to include in the files of the subsequent
permits.
4. Acknowledgement of this being resolved is noted, thank you.
5. Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<kelly.p.johnson@ncdenr.gov>
Sent:Thursday, December 2, 20212:44 PM
To: sgerow@aol.com
Cc:Jimmy Fentress<jfentress@stroudengineer.com>; Luke Menius<I men ius@stroudengineer.com>
Subject:The Knolls at Turkey Creek Section I (SW8 130514)-State Stormwater
Mr. Gerow,
1
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots*were* added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
1/' L,I j Oh Insst v+.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardina' Drive Extension
Wilmingtor,NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
z
Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 2:44 PM
To: sgerow@aol.com
Cc: Jimmy Fentress; Luke Mienius
Subject: The Knolls at Turkey Creek Section I (SW8 130514) - State Stormwater
Attachments: 2021 12 addinfo 130514.pdf
Mr. Gerow,
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots *were* added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
k eL L el Ws0K,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
i
ROY COOPER `
Governor i y
ELIZABETHS.BISER �,* .
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 2,2021
Via email only: sgerow(&,aol.com
Tioga,LLC
Attn: Mr. Scott Gerow,Manager
4310 US Highway 421 North, Suite 140
Wilmington,NC 28401
Subject: Request for Additional Information
Stormwater Project No.SW8130514
The Knolls at Turkey Creek Section I
Pender County
Dear Mr. Gerow:
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Application for the subject project on September 24,2021. A preliminary in-depth review of that information has
determined that the application is not complete,and that additional information 1s needed. To continue the
review,please provide the following additional information in a single,hard copy submittal package:
The following list is a follow up to the August 5,2021, letter. Updated information is shown in blue.
✓r. A modification is needed to reflect what has been constructed. Specifically, Swale 9 needs to be
revised. There may also be other outfalls that need to be addressed.
The rip rap apron detail shows an 18"pipe with the appropriate rip rap sizing for that
pipe. However, the two outlet pipes are 24" and 30",respectively. Please make any
necessary adjustments.
✓2. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be,Justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
Please demonstrate that the outfalls will discharge non-erosively as was done in 2016.
SL 2008-211, Section 2(b), (3)(a)(2), says, "Stormwater runoff from the development is
transported primarily by vegetated conveyances. As used in this sub-sub-subdivision,
"conveyance system" shall not include a stormwater collection system. Stormwater
runoff from built upon areas that is directed to flow through any wetlands shall flow into
and through these wetlands at a non-erosive velocity."
Weir Calculations,l0yr Storm
Velocity over weir prior to reaching
wetlands
Outfall 7/11/13 Proposed
9 1.96f s
10 1.96f s
D E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405
w Hcaaounm �`
"e"^^ \ 910.796.7215
State Stormwater Permit No. SW8 130514
Page 2 of 2
3. Forms/Documents: Certifications, Operation and Maintenance Agreements and Deed
Restrictions are also needed as summarized in the inspection reports.
a. Certification: This project was certified on July 27, 2020,to have been built per the
permitted plans. It is my understanding that that certification was intended to reflect the
configuration that will be permitted after this modification. I believe that there was a
mix-upp. You all had submitted revised plans reflecting the ending modification to
E&SC,but those plans were not submitted to stormwater. It is my understanding that
you all had thought that the pending modification was the permitted condition for
stormwater when the project was certified. Please verify that the certification will reflect
the configuration of the pending modification.
b. O&M: The O&M agreement permitted in 2013 referenced the weir calculations for the
1 Oyr storm summarized above. The form itself will be re-permitted with the minor
modification,but for clarification the revised calculations will be added to it.
c. Deed Restrictions: Deed restrictions for SW8 130514 are recorded on BK4453/PG310.
This document references Map Book 56 Page 46 which matches the subdivision
configuration for this permit. All permitted lots are subject to the deed restrictions.
✓4. Permittee: The current permittee, TIOGA, LLC has been administratively dissolved by the NC
Secretary of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SOS to have the most recent manager and ensure
that that individual sign the application documents upon re-submittal.
This has been addressed.
✓5. 15A NCAC 02H .1045 �I)(b�: Please ensure that all other documentation needed for the transfer
is submitted. Specificaly,pease submit a list showing that at least 50%of the lots inside each
permit have been sold, documentation that the constructed condition for each lot is within the
deed restricted and permitted impervious allocation, deeds for the common areas, and contact
information for the HOA.
These are requirements to transfer the permit,but they are not required for the pending
minor modification.
Please remember to confirm that any revised information is presented consistently throughout the application
documents including calculations, supplements,narrative, and plans. Please also remember to provide two hard
copies of any updated documents per 15A NCAC 02H.1042(2).
All of the requested information listed above should be received in this Office by December 17,2021,or the
application will be returned as incomplete. If additional time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with a justification
and a date of when the requested information will be submitted,which shall be no later than 15 days past the
original due date.Please note that only two letters requesting additional information is allowed in the State
Stormwater Program for a total of 30 days to submit the requested additional information. If the information is
not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is
returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the
application fee.
Please reference the State assigned project number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910)796-7215 or email me at kelly.pjohnson@ncdenr.gov.
Sincerely,
�*4 AIAWM
Kelly Johnson
Environmental Engineer
DES/kpj: \\\Stormwater\Permits&Projects\2015\150211 LD\2021 12 addinfo 150211
cc: Mr.Luke Menius,PE;via email:lmenius@stroudengineer.com
Wilmington Regional Office Stormwater File
D E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
o rdwa=aeee7�acenmlmnCp� 910.796.7215
Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 2:44 PM
To: sgerow@aol.com
Cc: Jimmy Fentress; Luke Menius
Subject: The Knolls at Turkey Creek Section I (SW8 130514) State Stormwater
Attachments: 2021 12 addinfo 130514.pdf
Mr. Gerow,
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots *were* added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
K.eU.t�-iohwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, MC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
1
Burd, Tina J
From: Burd,Tina J
Sent: Wednesday, September 29, 2021 9:23 AM
To: sgerow@aol.com; Luke Menius
Subject: SWB 130514 - Knolls at Turkey Creek Section I Phase 1
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted
the Stormwater Permit Minor Modification Application for the subject project on September 24, 2021. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the
construction of built-upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email corresponds. a to and from this address is subie c to th,n
North Carolina Public Records Low and mad be disclosed to third parti_;s.
Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public.Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only.Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1
Non-Transfer Application Completeness Review Checklist
Project Name: r—tsp( 1S rw�-� SECTI;)i� 1 Date Delivered to WIRC:
Project County/Location: }^—���, f>R 37 BIMS Received/Accepted Date:
Date Given to Admin: r
Permit Action: New New Permit#z: EIIMS Acknowledged Date': jC 0
❑Nat located in the ETJ of the fallowing delegated
and functioning programs:
NHC.Carolina Beach j Kure Beach j Wilmington/Wrightsville Beach
Bruns: Leland/Navassa(?)/Oar~.island
Cart: Emerald Isle Onsl- Jacksonville Pend: Strrf City
Major Mad nor Ma enewal Existing Permit#: �5v_'W$ 13c�5 l
Applicant&Permittee are the same?3 Expiration Date`: L
Permit Type: HD�LD Overall/HD&LD Cambo
General Permit j Offsiee'Exempt + Redevelopment Offs ite to SWB:
Development Type: Commercia esidentia Other K ,_
1,-c Off_�te Lot approved in Master Permit:
Subdivided?: ar 5ingle Lot
ituFe{s): 041_7-cew l Basta+ o i%s£eastai
Phase Il Universal 1988 Coastal
Permittee Type&Documents Needed:
Property Owner(s) =Purchaser Lessee QHOA Developer
Viable? =Vable3 =Viable? Viable? =Viable?
�Qeed ED Purchase A:2mt Lease =Election Minutes
Paperwork
�PPlicatian
Fee: M$505(within 6mo) Cherk#(s) �Na Fee
❑Supplement'(1 new form or for older forms:T ortginol per SCM)
FIO&M'
Soils Report(lnfil or PP)
Calculations(signed/sealed)
❑Deed Restrictions,if subdividedz
❑Project Narrative
F-1USGS Map(or on file?) Subject to SA? Y / N Subject to 0RW?: Y N
f�fpIans(2 Sets)
NOTES:
1Enter BIMS Acknowiedgeo late orl this Shee=
2For New Projects-Enter New Perm T;r on Suppiements&Deed Restriction Templates.
3 If permittee is different,STOP.Needs to be transferred first.
°If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first.
'lf Lot not aporoved in master permit:STOP Master permit needs mod-
EMAILED ENGINEER DATE: Comments:
REVIEWER NAME: L�
Reference Libra Rj Proceaures�cheaclists'+.Compieteness Review Checkiisc._20210906
' SOSID: 1065488
LIMITED LIABILITY COMPANY ANNUAL REPORT Date Filed: 812412021
Elaine F.Marshall
1012017 North Carolina Secretary of State
NAME OF LIMITED LIABILITY COMPANY: Ti0 d, LLC CA2021 236 00113
SECRETARY OF STATE ID NUMBER: 1065488 STATE OF FORMATION: NC Fling otrce Use Only
REPORT FOR THE CALENDAR YEAR: 2021 11 P .
V?A:
SECTION A:REGISTERED AGENT'S INFORMATION
®Changes
1. NAME OF REGISTERED AGENT: Scott Gerold
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CON APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
8585 Old River Road 8585 Old River Road
Burgaw,NC 28425-Pender Burgaw,NC 28425
SECTION B:PRINCIPAL OFFICE INFORMATION
I.DESCRIPTION OF NATURE OF BUSINESS: Development Company
2.PRINCIPAL OFFICE PHONE NUMBER: (910) 772-7994 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS S.PRINCIPAL OFFICE MAILING ADDRESS � 0
4310 Highway 421 N-Suite 140 0
4310USHighway421 N-Suitt lsp
Wilmington NC 28401
NC, 218401
6.Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
4'
❑ The company is a service-disabled veteran-owned small business "P z 4 2011
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) eY
NAME: Sc NAME: NAME:
TITLE: Ne17 ber t TITLE: TITLE:
ADDRESS: 8585 Old River Road ADDRESS: ADDRESS:
Burgaw,NC 28425
SECTION D:CERTjFICATION OF ANNUAL REPORT. Section C must be completed in its entirety by a person/business entity.
8-17-2021
I RE DATE
Form must be signed by a pany cial listed under section C of This form.
Scott Gerow Member
Print or Type Name of company official Print or Type Title of Company official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 2762"525
j Date Filed: 8/24/2021 12:16:00 PM
State of North Carolina Effective: 6/15/2021
' Department of the Secretary.of State Elaine F.Marshall
North Carolina Secretary of State
C2021236 00243
APPLICATION FOR REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION OF
LIMITED LIABILITY COMPANY
Pursuant to§57D-6-06(c)of the North Carolina General Statutes,the undersigned limited liability company hereby submits this
Application for Reinstatement Following Administrative•Dissolution:
1. The name of the applicant limited liability company is: Tioga, LLC
2. The effective date of the administrative dissolutibn of the applicant limited liability company was: 6/15/202 1
3. The ground or grounds for administrative dissolution of the applicant limited liability company as stated in its Certificate of
Dissolution was or were:For failure to file Annual reports
4. Complete.either(a)or(b)as appropriate:
(a) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company did not exist.
(Insert brief explanation.)
(b) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company have been
eliminated. (Insert brief explanation.) All-past due Annual'reports have been filed and paid
5. Enclosedris a fee of$100.00 as required by§57D-1-22(l 8)of the North Carolina General Sta
This the I day of 'T 20�.
SEP 2 2921
r BY
Tioga, LLC
Name_of iability Company.
fifnatu;
Scott Gerow, Mem
Type or Print Name and Title
Notes:
1. Filing fee for this Application for Reinstatement is$l 60.00,payable by check made to the order of the Secretary of State.
2. This Appiication must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
(Revised'July 2017) (F`arm L-08)
STROUD ENGINEERING, P.A. [LIE44IEn
102-D Cinema Drive
Wilmington, NC 28403
fo* IV
e C /� C {pd� �e/� loll y ,ZO Z l cos NO U ^► .�
(910) $15-0775 SE 4 l ll NTIC04
TO Cj # '
WE ARE SENDING YOU ❑ Attached Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
IS°_241 r,o oil�',�wa�
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
� P 2 4 2021
NCDeQ
WILONGTON KV
_
COPY TO
SIGNE6`
if enclosures are not as noted,kindly notify us at once.
Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, September 2, 2021 10:36 AM
To: 'Luke Menius'
Cc: Jimmy Fentress
Subject: RE: [External]The Knolls at Turkey Creek(SW8 130514, SW8 150211, &SW8 151209)
Luke,
I have you down for 10/1.
Thanks,
Kelly
K.eI.LWOkIA SOM,
Kelly Johnson
Environmental Engineer
NC Division of Energy,Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Luke Menius<Imenius@stroudengineer.com>
Sent:Thursday,September 2, 202110:03 AM
To:Johnson, Kelly<kelly.p.johnson@ncdenr.gov>
Cc:Jimmy Fentress<jfentress@stroudengineer.com>
Subject: [External]The Knolls at Turkey Creek
fWk� Do not 66 WAs or �hk.
. off.. - 1=sr.' off maw
Kelly,
We are in receipt of your 8/5/2021 letter regarding the subject project and are working to address each of
your concerns in a timely manner. The return of the transfer applications for SW8 130514 and SW8 150211 is
noted along with the requirement to obtain modifications prior to transfer. Comments specific to each permit
within this project have been addressed as follows. Specific action items which will not be completed before
the September 7th deadline are noted in bold. I have scheduled a survey crew to confirm some dimensions as I
work towards modified plans. Please consider a 30 day extension to enable us to complete these tasks.
1. Regarding SW8 130514 (section 1 phase 1), a plan modification depicting the current outfall swale
configuration will be provided.
2. Regarding SW8 150211 (section 1 phase 2):
1
a. Please note that the "115" reported on the Pender County GIS is the address that was
assigned to what was lot 1 on the approved plan. Please also note that at the request of
Pender County, the 16 permitted lots were renumbered 27-42. A plan depicting the current
lot numbering will be provided.
b. The home located at 115 Toms Creek Road is accounted for in the permit and deed
restrictions. Please note that only 15 of the 16 permitted lots were developed. Lot 28 (lot 2
on the approved plans)was dedicated as open space. A plan depicting the current lot
numbering will be provided along with documentation that reports the correct number of
lots in the BUA table and allocates the appropriate amount of BUA to the driveway that
serves lot 1 and the common area. I have confirmed there is adequate BUA in reserve based
on the asbuilt dimensions of this driveway.
c. A plan depicting the current lot numbering will be provided along with documentation that
reports the correct number of lots in the BUA table and allocates the appropriate amount of
BUA to the driveway that serves lot 1 and the common area.
3. Regarding SW8 151209 (section 2):
a. The two additional lots are incorporated into deed restrictions. Plans will be provided along
with documentation that reflects these additional lots and reallocates the appropriate
amount of reserve BUA. I have confirmed there is adequate BUA in reserve to address these
additional lots.
b. A plan modification depicting the current boat ramp configuration will be
provided. Impervious surfaces installed within the 50 setback, namely the ramp and dock
gazebo, are water dependent structures consistent with 15A NCAC 02H .1003
(4)(d)(ii). Documents will be provided to reallocate the appropriate amount of reserve avA
to this common area.
c. A plan modification depicting the current cul de sac configuration will be provided along
with documents to reallocate the appropriate amount of reserve BUA to this roadway. I
have confirmed there is adequate BUA in reserve to address the cul de sac.
4. Regarding all 3 permits within the subject project:
a. Modified plans for all three permits are attached. These plans depict the as built outfall
swales and slope drains. The outfalls in Section 1 Phase 1 (SW8 130514) were converted to
piped slope drains in response to concerns about the grade transition at the ends. I recall
discussing this with DEQ staff during the course of the 2013 plan review and meeting onsite to
observe the adjoiner's piped outfall. The single swale outfall in Section 1 Phase 2 (SW8
150211) and the piped slope drains in Section 2 (SW8 151209) are generally consistent with
their respective permits.
b. The request for documents that will be required to bring the permit into compliance is noted.
c. The requirement to reinstate TIOGA, LLC with the NCSOS is noted and has been relayed to the
permittee.
d. The request for documents and information regarding the home sales that will be required to
enable the transfers is noted.
Thanks for your assistance to date with this project. I look forward to your response to regarding the
extension and will continue to work towards a resolution in the meantime.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
2
Permit Transfer Checklist
Option#2: Only the Current Permittee Signed the Application (to an HOA/POA without their Signature)
K.Johnson—8/5/2021
1. Permit Number. SW8130514
2. Project Name: Knolls at Turkey Creek Section 1
3. Most Recent Issue Date: 7/11/13
4. Expiration Date: N/A
5. Session Law Extension Previously issued(Y/N): N/A
6. Proposed Permittee: The Knolls at Turkey Creek Homeowners Association, Inc.
a. Secretary of State(SoS) is Active: Y
a. SoS Current Person: Need Meeting Minutes
b. Deed Submitted Showing Owner(Y/N): N/A—No Common Area
7, Current Permittee: TIOGA, LLC
a. SoS is Active(Y/N): Y(but under Notice of Grounds for Dissolution)
b. SoS Current Person: Most recent is 2019—Was Scott Gerow, need documentation
c. Original Signature with Signature Authority(Y/N): If Scott Gerow still Manager
8. Transfer to HOA/POA: Session Law 2011-256
a. It is an HOA or POA? HOA
b. Three criteria for transferring to HOAs:
i. 50%lots are sold to individuals(Y/N): TBD—Need List
ii. Common area transferred to HOA(Y/N): N/A—No Common Area
iii. Permit is in compliance(Y/N): TBD
c. HOAs, Transfer Documents Needed:
i. HOA is Viable(Y/N): Y
ii. Election Meeting Minutes(Y/N): TBD—Need Minutes
iii. Contact Information for HOA(Y/N): Need HOA Person—Property Manager is Listed as the Contact
a. Property Manager:
b. President or VP:
9. Compliance:
a. File Review Inspection Documents:
i. Deed for Common Areas(Y/N): N/A—No Common Area
ii. Recorded Deed Restrictions(Y/N): BK4453/PG310
iii. 0&M(Y/N): Y—Original(not HOA, but they didn't sign the form)
iv. PE Certification: N-He needs to modify the swale, and so need new cert.
v. BUA/Lot Summary: TBD
a. Field Inspection:
i. Inspector: T. James&K.Johnson
ii. Date: 6/3/21
iii. Issues/Actions Needed:
a. Modification is needed to reflect what has been constructed. Specifically,Swale 9 needs to be revised.
There may also be other outfalls that need to be addressed.
b. All atypical designs need to be justified by the engineer in writing that the proposed design provides equal
or better treatment than the typical design.
Compliance Inspection Report
Permit: SW8130514 Effective:07/11/13 Expiration:
Project: The Knolls at Turkey Creek Section I
Owner: Tioga LLC
County: Pander Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:910-279-1589
Directions to Project:
From int.of NC 117 and NC 210,take NC210 west one mile left onto Carver,go 0.75 miles site on right,opposite Pine Hollow
Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8151209 Tioga LLC-The Knolls at Turkey Creek Section II
SWO150211 Tioga LLC-The Knolls at Turkey Creek Section I Phase 2
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time:12:OOPM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant M Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
page 1
Permit: SW8130514 Owner-Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ m ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ 0 ❑ ❑
Copy of the recorded deed restrictions is in the file? m ❑ ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming party when they apply for a transfer.
Deed restrictions are recorded BK4453/PG310.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ON
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ MOO
Are the inlets located per the approved plans? ❑ ❑ ❑ m
Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑
Comment: The outfall for Swale 9 needs to be revised on the plans. The engineer needs to iustify it as an
alternative design. Other outlets may also need to be modified to match the plans. See the inspector
pictures All atypical desings need to be justified by the engineer in writing that the proposed design
provides equal or better treatment than the typical design.
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: Modification is needed to make this assessment.
page 2
1 To-,1AUrv1rx-
State Stormwater Inspection Request on, Co!3 J al
General Please Return to iL411141
Project Name: /"__ 1 Permit No: SW8 l� y' Expiration Date:
Contact Person: ` Ulm Phone Number: Inspection Type:
Inspection Date: Time In: Time Out:
Current Weather: Recent Rain(Date)? Rain— in
Location
Facility Address/Location: City: County:
Permit Information
Density(circle one): High(HD) Low(LD)
Stormwater Best Management Practices(BMPs)(insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters(circle one) Open Closed
Cistern Level Spreader/Filter Strip Other(spec):
Notes or any areas to focus on:
File Review Yes No N/A N/E
1. Is the permit active?
2. Sijqed Engineer's Certification on file?
3. Signed Operation and Maintenance agree5ent on file?
4. Recorded Deed Restrictions on file?
Site Visit: Built Unon Area ISUAI VAR
L7.5. BUA is constructed and consistent with the permit requirements?
6. BUA(aspermitted)is graded such that the runoff drains to the system?(high density only)
Drainage area is consistent with unit? i.e.no un ermitted drainage to the SW BMPs)
Drainaze area i tabili .ed?(to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater Yes No N/A N/E
9. Stormwater BMPs are located per the approved plans?
10. Stormwater BMPs have dimensions(e .length,width,area)matching the approvedplans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit: Operation and Maintenance Yes No N/A N/E
F1611.
. Access points to the site are clear and well maintained?
. Trash has been removed as needed?
Excessive landscape debris(grass clippings,leaves,etc)is controlled?
. Stormwater BMPs bein o erated and maintained as er the ermit re uirements?
. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only)
Site Visit: Other Kermit Conditions Yeas No NIA N/E
17. Is the site compliant with other conditions of the permit? I 1 1 1
Site Visit: Other Water Qualitv Issues Yes No NIA N/E
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report,Version 3.1202102 Page 1 of 2
•C
State Stormwater Inspection Request
Comments
InS ection PICtUreS (some of the pictures taken during the site visit)
[Compliance Status 11 Compliant ❑ Non-Compliant
Letter Sent(circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
[Inspector Name and Signatur Date:
Ns-as C Tin lON0ITIdN
(To 5b-(%F�) C�%fU ra \A� WIL 76
State Stormwater Inspection Report,Version 3.1_2021 02 Page 2 of 2
ROY OVC.%l'GLL
G'Ol!BROI'
.i
El ZABETHS.BISE&
BRIAN WRENN NORTH CAROLIN a
Der
August 5,2021
Tioga,LLC
Attn: Mr.Scott Gerow,Member
8585 Old River Road
Burgaw,NC 28425
Subject: PROJECT RETURN,NOTICE OF INSPECTION&REQUEST MODIFICATION
SW8130514: Knoft at Turkey Creek Section I
SW8 150211: YowDs at Turkey Creek Phase 11
NOTICE OF INSPECTION&REQUEST MODIFICATION
SW8151209: ICnoBs at Turkey Creek Section H
Pender County
Dear Mr.Gerow:
The Wilmington Regional Office of the Department of Energy,Mineral and Land Resources(DEMLR)recently
inspected the three subject permits.
Project Returns:
State Stormwater Management Permit Transfer Applications for SW8 130514 and SW8 150211 on May 19,2021.
Bath permit applications are being returned because both permits need to be modified before they can be
transferred. Per the rectuireinents of Title 15A NCAC 02H.1045(4xaXii)of the Stormwater Management Rules,
this Office is hereby returning these applications as incomplete. The$505.00 application fees have been forfeited
and a new fee will need to be provided if you choose to resubmit this application in the future.
Please note that this does not preclude you from obtaining and complying with any and all other permits or
approvals that are required for this development to take place,as required by any statutes,rules,regulations,or
ordinances,which are imposed by any other Local,State or Federal government agency having jurisdiction.
Please note that the permits issued:remain in full force and erect.Please be aware that the construction of any
changes to the originally approved and permitted plans prior to the receipt of a modified permit is a violation of
NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
Notice of Inspection and Request for Modification:
On June 3,2021,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project,located off Carver Drive in Pender County to determine the status of
compliance with the State Stormwater Management Permits. DEMLR file review and site inspection revealed
that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled"Compliance Inspection Report"and associated Inspection Pictures attached to this letter,which
summarizes the findings of the recent inspection.
1. SW8 130514,Knolls at Turkey Creek Section I: A modification is needed to reflect what has been
constructed. Specifically,Swale 9 needs to be revised.. There may also be other outfalls that need to be
addressed.
2. SW8 150211,Knolls at Turkey Creek Phase II: A modification is needed.
a. There is a lot(#115 on the County GIS)that is constructed that is not on the plan.
b. Lot 115 needs to be accounted for at full build out if it is not already deed restricted.
c. There is an access road to Lot 115 that needs to be accounted for in the impervious accounting.
North Carolina Department of Environmental Quality I Division of Energy,ATnerai and land Resources
Wilmington Regional Office 1 27 Cardinal Drive Extension I Wiludngton.North Carolina 2W5
NOR MCArioura
o,n.ri.wua�.a.esmnr 910.7%.7215
State Stormwater Permit No.SW8 I30514,SW8 151209,SW8 150211
Page 2 of 2
3. SW8 151209,Knolls at Turkey Creek Section It:
a. There are two lots on Clutch Drive that are shown as future development on the plans but have
been subdivided.One is constructed and needs to be accounted for at full build out if it is not
already deed restricted.
b. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft buffer.
c. A cul-de-sac is constructed fbr Clutch Dive,but a dead end road is shown on the plan.Please
ensure the cul-de-sac is accounted for in the impervious accounting.
4. All Three:
a. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
b. Forms/Documents: Certifications,Operation and Maintn c Agreements and Deed
Rests ti i s are also needed as summarized in the inspection reports.
c. Permittee: The current permitteee,TIOGA,LLC has been administratively dissolved by the NC
Secretary of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SoS to have the most recent manager and ensure
that that m&vidaW sign the application documents upon re-submittal.
d. 15A NCAC 02H.1045 (1)(b): Please ensure that all other documentation needed for the transfer
is submitted. Specifically,please submit a list showing that at least 50%of the lots inside each
permit have been sold,documentation that the constructed condition for each lot is within the
deed restricted and permitted impervious allocation,deeds for the common areas,and contact
information for the HOA.
Please be advised that,as the permittee,you are required to comply with the terms,conditions,and limitations of
the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H.1003 and North
Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system
and the requirement to submit any changes from the approved plans to the Division for approval.
Failure to provide the requested information,or to respond to this lctL with a plan of action,including a timeiiile
to resolve the identified deficiencies,by September 7.2021,are considered violations of the permit. If the
requested information is not submitted to this office by the due date,then DEMLR staff will re-inspect the site
and may issue a Notice of Violation. Please also name that any individual or entity found to be in noncompliance
with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action
as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to$25,000 per day.
If you have any questions concerning this matter,please contact Kelly Johnson at(910)796-7215 or via e-mail at
kelly.p;johnson@ncdenr.gov.
Sincerely, //��
clu- 4 J
Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits&Projects\2013\130514 LD\2021 08 retnm_project 130514
%Stormwater\Permits&Projects\2015\150211 LD\2021 08 retum_pmject 150211
%Stormwater\Permits&Projects\2015\151209 LD\2021 08 CEI deficient 151209
enc: Inspection Reports
Inspection Pictures
cc: Jimmy Fentress,PE,Stroud Engineering
102 D Cinema Dr Wilmington NC 28403
Pender County Planning Department
Wilmington Regional Office
I=��W North Carolina Department of Environmental:Quash.. I Dhrision of Energy,Wineral and Land Resources
1+Mnington Regionai Office I i27 Cardinal Drive Extension I Wllmington,North.Caroilna 28405
rxxrm aumuwn
�®""' 0o"1 910.7%7215
Compliance Inspection Report
Permit: SW8130514 Effective: 07/11/13 Expiration:
Project: The Knolls at Turkey Creek Section I
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:910-279-1589
Directions to Project:
From int.of NC 117 and NC 210,take NC210 west one mile left onto Carver,go 0.75 miles site on right, opposite Pine Hollow
Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8151209 Tioga LLC-The Knolls at Turkey Creek Section II
SW8150211 Tioga LLC-The Knolls at Turkey Creek Section I Phase 2
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time:12:OOPM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW8130514 Owner-Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? ❑ El ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ 0 [] ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming party when they apply for a transfer.
Deed restrictions are recorded BK4453/PG310.
Built Upon Area Yes No NA NE
Is the site B UA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ 0
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
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: The outfall for Swale 9 needs to be revised on the plans The engineer needs to just' it as an
alternative design. Other outlets may also need to be modified to match the plans See the inspectior
pictures. All atypical desings need to be justified by the engineer in writing that the proposed design
provides equal or better treatment than the typical design
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: Modification is needed to make this assessment
page 2
Compliance Inspection Report
Permit: SW8150211 Effective:05/18/15 Expiration:
Project: The Knolls at Turkey Creek Section I Phase 2
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State2ip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:910-279-1589
Directions to Project:
From int. of NC 117 and NC 210,take NC 210 west one mile left onto Carver Drive continue for 0.75 miles proposed entrance
to site on right,opposite Pine Hollow Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8130514 Tioga LLC-The Knolls at Turkey Creek Section I
SW8150209 Reserve Development Co LLC-St James Plantation Seaside West
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time:12:OOPM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
permit; SM150211 Owner Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ E ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ N ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming Party when they aPDly for a transfer.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certilication needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ E ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: The lot listed at Lot 115 on County GIS needs to be added to the plan
Lot 115 needs to be accounted for in the impervious accounting
Lot 115 needs to be accounted for at full build out if not already deed restricted
Modification is needed to ensure the constructed condition matches the permitted condition All
atypical designs need to be iustified by the engineer in writing that the Proposed design Provides egua
or better treatment than the typical design.
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: Modification is needed to make this assessment.
page 2
Compliance Inspection Report
Permit: SW8151209 Effective:03/17/16 Expiration:
Project: The Knolls at Turkey Creek Section II
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:910-279-1589
Directions to Project:
From int.of NC 117 and NC 210,take NC 210 west one mile left onto Carver Drive,go 0.75 miles entrance to project is on right
opposite Pine Hollow Drive.
Type of Project: State Stormwater Low Density
Drain Areas:
On-Site Representative(s):
Related Permits:
Inspection Date: 06/03/2021 Entry Time 10:00AM Exit Time:12:00PM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW8151209 Owner-Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Compliance Evaluation Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? N ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ e ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming Party when they apply for a transfer.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑ ❑
Comment: There are two lots on Clutch Drive that are shown as future development on the plans but have been
subdivided. One is constructed and needs to be accounted for at full build out if it is not already deed
restricted. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft
buffer. A cul-de-sac is constructed for Clutch Drive but a dead end road is shown on the Plan Please
ensure the cul-de-san is accounted for in the impervious accounting
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: A modification is needed to ensure the constructed condition matches the Permitted condition All
atypical designs need to be justified by the engineer in writing that the proposed design Provides equa
or better treatment than the typical design.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ N
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ N
DWQ upon request?
Comment: Modification is needed to make this assessment.
page 2
Burd, Tina J
From: Burd,Tina J
Sent: Monday, May 24, 2021 3:12 PM
To: sgerow@aol.com;jfentress@stroudengineer.com
Subject: SW8 130514-The Knolls at Turkey Creek
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on May 19,2021. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
IN
- � ,,✓ N
;P.
E_,ma!' to and fi oln this address is subject to., the
tic Records Law and fray be d sclosed ;, `1ii d.po.,-
Website: http://deg.nc.govZabout/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-i9, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only.Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1
Transfer Application Completeness Review Checklist-Short Version
Permit#: -So Z� 13 o5 [ 4 Date Delivered to WIRO: 5/ /9 /zbZ
Project Name: THE. QOLLS OF (0?—K7eY SEEK 1 ASE 1 BIMS Received/Accepted Date: % ( Q 2,0 2J
Project County/Location: /C,4r2TE f �. BIMS Acknowledged Date1 (2J
: 5 d`
*Permit Expriation Date*: *If w/in 6 mo,STOP-needs renewal first.
Exception:only new permittee is submitting.
Proposed permittee Type&Documents Needed:
Property owner(s) Purchaser ®Lessee DHOA Developer
Viable? Viable? Viable? Viable? Viable?
Deed Purchase Agmt Lease ®Election Minutes
Not Subdivided:Deed 050%Sold List(only if HOA doesn't sign)
subdivision: Common Area Deed ®Common Area Deed in HOA's Name
®Deed Restrictions Recorded
Current permittee Signed Application? CY N ®PE Certification
If not,Dissolved/No Longer Owns Y/ N ®BUA/Lot Summary
Property/Not Living ®0&M (If HOA Signed Application)
Proposed Permittee Signed Application? Y fN
Paperwork
Application
®Fee:
�$505 (within 6mo) Check#(s): 4 2
rl5qDeed Restrictions, if subdivided: Cow JE ZAa-C-5
MPE Certification
Project Narrative
Easements, Recorded (2017 Rules)
MO&M on File(unless new one from HOA)
Electronic Copies
NOTES:
lEnter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: LL
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 20200131 RECEI
M a
SOSID: 1374452
Date Filed: 10/11i III'/ 11:25:00 AM
Elaine F.Marshall
STATE OF NORTH CAROLIiVA North Carolina Secretary of State
DEPARTMENT OF THE SECRETARY OF STATE C2019 275 00987
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGIST>D AGRENT
Pursuant to §55D-31 of the General Statutes of North Carolina,the undersigned entity submits the following for the purpose of
changing its neg'nstered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
7he name of the entity is:
Entity Type:QCorporation_OForeign Corporation,ON'emprefit Corporation,(]Foreign Nonprofit Corporation.
QLiinited.Liability Company.QForeign Limited Liabiliq•Company❑Limited Partnership,OForeign Limited Partnership,
Limited Liability Partnership,[EForrign Limited Liability Partnership
The street address and county of-the entity's registered office currently on file is: '
Number and Street: O! !!S �5 . , o
City,State,Zip Code:_ + t.✓Yl i n4 ty t Z1 n 3 County:_ U2 /)IzOw Y L
The taailin addM"if dWr"w-„r fro",the career address of the registered office currently on file is:
�CL _
The name of the current registered agent is: Tit r �' r PGL!J/ O e r e K
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered offcce is being changed)
l Number and Strut: 0 e hl)t1 A n 0&U.
_ • v f e �L__��_�. --
�! City,State,Zip Code: / 1ryl4-_--rm Coon ` n
2- The mailing address if different front lire street address of the new registered office is:
(coarp/etg this iten,only if the address of lire registered office is being changed)
I
I
3. The name of the new registered agent and the new agent's consent ro app ' tritent appears below:
(complete this item only if the aa,ne of the registered agent is being cha e
�l j Q
ype or Print Name of N Agent /' r -Slgnarure cC Title
C� Wt ns 4. The address of the entity's registered office and the address of the business fftce of its registered agent,as changed,
will be identical
S. This statiement will be etfeatNe upon filing,unless a date and/or time is specified: _
This is the o?G day of. r19,6rr— 20•2.. !tit !l Tu,C xd v Lregk Hwyricaw e.rs
ame iS.t tq tdx,r+mac.
_ f l
e r 411,j —
Tvpe or Print Name and Tale 1�
`torts: felling tee is 55.00.This document most be tiled wing[he Secretory orStatc. WL/
CORPORATIONS DIVISION P.0.BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form BE-06
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1�1.1t LIMITED LIABILITY COMPANY ANNUAL REPORT
.f
10/2017
NAME OF LIMITED LIABILITY COMPANY: Toga, LLC
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 1065488 STATE OF FORMATION: NC E-Filed Annual Report
1065488
CA201911201068
REPORT FOR THE CALENDAR YEAR: 2019 4/22/-C 19 1o9:24
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Gerow, Scott
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS 8r COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
2706 Dirck Road 2706 Dirck Road
Castle Hayne, NC 28429-5207 New Hanover County Castle Hayne, NC 28429-5207
SECTION B: PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Development Company
2.PRINCIPAL OFFICE PHONE NUMBER: (910) 821-1735 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
2706 Dirck Road 8585 Old River Rd.
Castle Hayne, NC 28429-5207 Burgaw,NC 28425
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
❑ The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME: Scott Gerow NAME: NAME:
TITLE: Member TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
PO Box 789
Castle Hayne,NC 28429
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
SCoi Gerow 4/15/2019
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Scott Gerow Member
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State. Business Registration Division,Post Office Box 29525,Raleigh,NC 2762"525
DEMLR USE ONLY
Date Rjeceived Fee Paid Permit Numb r
s r as 505 S1.3 0S1
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at:http://dea.nc.govlcontactlreoional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee(in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.);or
3. in the case where a transfer falls under G.S. 143-214.7(c2)(see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official(for current and proposed permittee)must meet the following:
• Corporation-a principal executive officer of at least the level of vice-president;
• Limited Liability Company(LLC)-the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040)that shows they have legal authority to sign for
the LLC)
• Municipality-a ranking official or duly authorized employee;
• Partnership or limited partnership-the general partner,
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 130514
2. Project name: THE KNOLLS AT TURKEY CREEK 5EA..-t%ons 1
Is this an updated project name from the current permit? ❑Yes No
3. Reason for the permit transfer request:
DEVELOPMENT IS COMPLETE &SOLD
ECEIVE
MAY 19 2021
BY:
Stormwater Permit Transfer Application Form Page 1 of 7 April 27,2018
B. PERSON(S)WHO HAVE SIGNED THIS FORM (select only one response below)
❑ 1. Both the current and proposed permittees
® 2. Only the current permittee of a condominium or planned community (skip Part F&G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked.
® Any 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;
® The declarant has conveyed at least fifty percent(50%)of the units or lots to owners other than
a declarant(provide documentation per submittal requirements below);
® The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act(see§47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee(skip Part D below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked.-
El a. The proposed permittee is either(select one of the following):
❑ The successor-owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor-owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other(please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor-owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
E �,Iv
MAY 12 2021
BY:
Stormwater Permit Transfer Application Form Page 2 of 7 April 27,2018
C. SUBMITTAL REQUIREMENTS
Please mark"Y"to confirm the items are included with this form. Please mark X"if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.313(e)(2).
Y 2. Two hard copies (with original signatures)and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s)from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built-upon area or the maximum
allowed total built-upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants. SEE ALL COVENANT ATTACHMENTS AT THE END OF THIS PERMIT APPLICATION.
N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
G IV P.
MAY 19 �021
BY:
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: TIOGA, LLC
2. Signing Official's Name: SCOTT GEROW
3. Signing Official's Title: MEMBER- MANAGER
4. Mailing Address: P.O. BOX 15970
City: WILMINGTON State: NC Zip: 28408
5. Street Address:
City: State: ZIP :
6. Phone: (910) 279-1582 Email: sgerow aol.com
I,_ f,rtazo J , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas,drainage easements or plats;
❑ the approved plans and/or approved as-built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee(where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed abovo are not included,this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
Signature: Date:
I, ^V-rCxw L. \--mac. , a Notary Public for the State of
N.Or�' C o•ry kio! , County of t-A V\64wuer , do hereby certify
that 5C.0 Ak G c.T0,J personally appeared before me
this the l LA day of A%a\%,x5k , 20 1°I , and acknowledge the due
execution of the forgoing instrument.Witness my hand and official seal,
°°`0��ti41e9901111s/�� nee
(Notary Seal) �L°a°°�.f .�••.w.. �O0'�,, l ` ,,
0,QTA R�, `� _ MAY 192021
0
Notary Signature:*_ io
My commission expires____ Md►t� �� dt7 e�� ���� �oq"
Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner(Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F&G.)
❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F& G.)
❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F&G.)
2. Proposed permittee name(check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA/POA/UOA name: THE KNOLLS AT TURKEY CREEK HOMEOWNERS ASSOCIATION, INC.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: PAUL DEREK JARRE T T
b. Signing Official's Title: REGISTERED AGENT
c. Mailing Address: P.O. BOX 12051
City: WILMINGTON State: NC Zip : 28405
d. Street Address: 2018 EASTWOOD ROAD
City: WILMINGTON State: NC Zip : 28403
e. Phone: (_) Email:
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name: Title:
c. Mailing Address:
d. City: State: ZIP:
e. Phone: Email:
E CIE I
MAY 19 2021
BY• —
Stormwater Permit Transfer Application Form Page 5 of 7 April 27,2018
F. PROPOSED PERMITTEE CERTIFICATION
I, , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing andior operating and maintaining the permitted stormwater
management system. I acknowledge and attest that i have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as-built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee(where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed pennittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule"addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule"must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the
approved plans; and I will{construct), operate and maintain the approved stormwater management system
pursuant to the requirements listed in tie permli and in Lhe operation and maintenance agreement.
Signature: Date:
I, v , 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)
Notary Signature
My commission expires
EI
MAY 19 2021
B .
Stormwater Permit Transfer Application Form Page 6 of 7 April 27,2018
G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP :
Phone: Email:
1, hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below,that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143,Article 21.
Signature of the property owner Date:
I, 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)
Notary Signature
My commission expires
E+ IV
MAY 19 2021
BY:
Stormwater Permit Transfer Application Form Page 7 of 7 April 27,2018
8/21/201g North Carolina Secretary of State Search Results
- File an Annual Report/Amend an Annual Report - Upload a PDF Filing - Order a Document Online
Add Entity to My Email Notification List - View Filings - Print a.Pre-Populated Annual Report form - Print
an Amended a Annual Report form
1
.Limited Liability Company
6
Legal Name
Tioga, LLC
Information
Sosld: 1065488
Status: Current-Active
Annual Report Status: Current
t
Citizenship: Domestic
I€
Date Formed: 9/30/2008
Registered Agent: Gerow, Scott
Addresses
s
Principal. Office Reg Office Reg Mailing
2706 Dirck Road 2706 Dirck Road 2706 Dirck Road
Castle Hayne, NC 28429-5207 Castle Hayne, NC 28429-5207 Castle Hayne, NC 28429-5207
Mailing
8585 Old River Rd.
Burgaw, NC 28425
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Member 4
Scott Gerow
BY:
PO Box 789
Castle Hayne NC 28429
https://www.sosno.govionllna services/searchBusiness Registration_ResuIts 1l1
STROUD ENGINEERING, P.A. d�4��Q
102-D Cinema Drive
Wilmington, NC 2NO3
DATE Jp0. �
(910) 815-0775
ATTENTION C�
TO \ J r' ('� RE:
� I
A
WE ARE SENDING YOU Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ ples ❑ Specifications
❑ Copy of letter ❑ Change order
COPIES DATE NO. DESCRIPTION
On
THESE ARE TRANSMITTED as checked below:
'1f�For approval ❑ Approved as submitted ❑ Resubmit copies for approval
For your use ❑ Approved as noted ❑ Submit copies for distribution
As requested ❑ Returned for corrections ❑ Return corrected prints
r_For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
e
COPY TO
SIGNED:
if enclosures are not as noted,kindly notify us at on� .
Jimmy Fentress
From: Pusey, Steven <steven.pusey@ncdenr.gov>
Sent: Thursday,April 29, 2021 11:37 AM
To: Jimmy Fentress;James,Trentt
Subject: RE: [Externa!; THE KNOLLS AT TURKEY CREEK SECTION 2
Follow Up Flag: Follow up
Flag Status: Completed
Jimmy,
The referenced applications for transfer were never entered in our system. So, you will need to start over on them.
We normally use the transfer application as the trigger for needing inspections. However, we can do inspections
based on a complaint, renewal, or a proposed modification if necessary. Let me know how you'd like to proceed.
Steve
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive,Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910)796-7331
Email: steven.pusey ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Low and may be disclosed to third parties.
From:Jimmy Fentress<jfentress@stroudengineer.com>
Sent:Thursday,April 29, 20219:04 AM
To: Pusey,Steven <steven.pusey@ncdenr.gov>;James,Trentt<trentt.james@ncdenr.gov>
Subject: RE: [External] THE KNOLLS AT TURKEY CREEK SECTION 2
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report
Spam.
Steve,
i
It is uncferstood that we will need to be in compliance to convey the permits as the HOA is possibly not cooperative. The
attached two applications are from our record. I will review further to see if and when we have submitted prior. I thought we
had but its been a while and a lot has occurred so who knows. Lets keep these at our fingertips and if inspection goes well we
will make sure complete, current, and then formalize for process. Lat me know if you wish to proceed otherwise.
Thanks,
Jimmy
James H.Fentress Jr.PE 20643,PLS L-3902
Stroud Engineering,PA
102D Cinema Dr.
Wilmington,NC 28403
910.815.0775 x323
From: Pusey,Steven <steven.pusev@ncdenr.Pov>
Sent:Thursday,April 29, 20218:50 AM
To:Jimmy Fentress<ientress@stroudengineer.com>;James,Trentt<trentt.Iames@ncdenr.Qov>
Subject: RE: [External]THE KNOLLS AT TURKEY CREEK SECTION 2
Jimmy,
It appears you don't have an application in house for transferring the permit. Is your plan to get things in compliance
first,then submit an application to transfer?
Steve
Pub
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive,Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910)796-7331
Email: steven.pusey@ncdenr.gov
b„yu�m{csdaYi�es4lM'6pPFy'fV
Email correspondence to„and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:Jimmy Fentress<ientress@stroudengineer.com>
Sent:Wednesday,April 28,20216:49 PM
To:James,Trentt<trentt.iames@ncdenr.Pov>; Pusey,Steven<steven.pusev@ncdenr.eov>
Subject: [External]THE KNOLLS AT TURKEY CREEK SECTION 2
2
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report
Spam.
Fellows,
The deficiencies noted during our last site inspection have been corrected. Please schedule reinspection to determine
compliancy with the erosion and sedimentation control permitting as well as the state stormwater permit to enable cessation of
the former and conveyance of latter to its rightful beneficiaries being the Homeowner's Association. Let me know when you
plan on going out there that I may attend and I am sure the developer and his contractor will want to be there as well. I look
forward to your reply.
Thanks,
Jimmy
James H.Fentress Jr.PE 20643,PLS L-3902
Stroud Engineering,PA
102D Cinema Dr.
Wilmington,NC 28403
910.815.0775 x323
3
Jimmy Fentress 'ECE"IVE
From: Pusey, Steven "'steven.pusey@ncdenr.gov> APR 2 1 26LI
Sent: Tuesday,April 20, 2021 11:58 AM
To: Jimmy Fentress - -- � -
Cc: James,Trentt
Subject: RE: [External] THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
Follow Up Flag: Follow up
Flag Status: Flagged
Jimmy, +
I can't get the attachment to print. Have you submitted a hard copy of this information?
If you don't want to print it out and submit it that way, you could submit it in several emails, separating the
documents by type. Or, even better,you could submit it on a thumb drive.
Please advise. Also, do they want to submit an application to transfer the permit at this time?
Thanks,
Steve
f. P
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality tll5 1-5127 Cardinal Drive, Wilmington, NC 28405 �
Office: (910) 796-7215
Direct: (910) 796-7331 �� , d�l� o
Email: steven.pusey(@ncdenr.gov - �j
DWG
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:James,Trentt<trentt.james@ncdenr.gov>
Sent:Wednesday, March 31, 20213:22 PM
To: Pusey,Steven<steven.pusey@ncdenr.gov>
Subject: Fw: [External]THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
1
Hey Steve, can you please advise Jimmy and Scott about this project. Looks like some stuff was submitted for transfer
but not sure the status.
I will look at Turtlewood next week.
Thanks
Trentt
Trentt James
Environmental Specialist II
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Phone: (910)796-7305
Email: trentt.james@ncdenr.gov
Physical Address: 127 Cardinal Dr Ext.
Mailing Address: 127 Cardinal Dr Ext.
Wilmington, NC 28405
�Cd�i•�+.:fi"?`3G Via.��Dw—.
1E Q
Il�Nnru►t•16in�ran�n�1 oualuy
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jimmy Fentress<ifentressCa@stroudeneineer.com>
Sent:Wednesday, March 31, 2021 1:39 PM
To:James,Trentt<trentt.iames@ncdenr.gov>
Cc:Scott Gerow<sgerow@aol.com>
Subject: [External] THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report
S_pam•
Trent,
This appears to be what was sent ire July of last year. I was thinking as a result of this transmission we had an inspection with
you. I really haven't attempted to expedite Steven too much because I thought we were needing to get good with you before
2
we could get rid of the stormwater permit. I did have a conversation with Steve about it shortly after submitting but it was more
just confirmation that he had received it than anything else. Please confirm that we are following proper protocol.
Thanks,
Jimmy
James H.Fentress Jr.PE 20643,PLS L-3902
Stroud Engineering,PA
,1)ZO'li1T71111r",
�t'10, 15,f)77-3 �,3
,. STROUD ENGINEERING, R;. .
CONSULTING ENGINEERS , o
102D CINEMA DRIVE
WILMINGTON,NORTH CAROLINA 28403
WWW..STROUDE NGI NFER.COM
LICENSE NO,C-0647 •
July 27, 2020
NCDENR
Attn:Steven G. Pusey
127 Cardinal Drive
Wilmington, North Carolina 28405
Re: The Knolls at Turkey Creek
State Stormwater Management Permit SW8130514&SW8151209
Pender County
Dear Steven,
am writing on behalf of the permittee for these two permits,TToga, LLC. In accordance
with items 8 and 12 respectively of each Schedule of Compliance, I am including certification
that these developments have been built within substantial compliance of the permits. I am
also including the record maps,deeds for the common areas,as well as the recorded covenants
substantiating compliance with the per lot Built Upon Area restrictions as well as other permit
requirements required to be therein represented. I hope this meets your satisfaction and
would welcome inspection toward compliance verification. Let me know when you would be
willing to meet onsite to do such.
4ks,
Jam H. F ntress Jr. PE, PLS
Attachments
JHF/jf
File W:\master\pw1056\erosion control and stormwater\storm cert cover.doc
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGFc STRFFT
GREENVILLE,NORTH CAROLINA 27858 WILMINGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28557
252.756.9352 910.815.0776 252.247.7479
2
STROUD ENGINEERING, P.A.
CONSWING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON,NORTH CAROLINA28403
(910)815-0775
Profed Narmtive
The Knolls at Turkey Creek, Phase 2
Project Summary
The purpose of this project is to construct residential homes on approximately 10.86
acres of land located just south of Rocky Point, NC off NC133 at Carver Road. Sixteen (16) lots
are planned in phase two of this development. This parcel is on record and is most recently
conveyed by Deed Book 4458, Page 183 of the Pender County Registry. The parcel number is
3223-46-7092-0000. The site is afforded public water. Sewer will be served by on-site drainfields.
Site Description
The topography of the site varies,with slopes of 0%to 5% on upland sections and slopes
to 10% around wetlands. The site is presently wooded. On the southern boundary there is a
small pond. The northerly boundary includes a large wetland area along the run of Turkey Creek.
Most of the site drains into Turkey Creek except for a small amount that drains into the existing
pond. Turkey Creek is Immediately tributary to the Northeast Cape Fear River.
Adioinina Property
Adjoining property is residential. The property to the east is subdivided into single family
residential lots. The property to the west is undeveloped and wooded. Across Carver road to
the south is another single family subdivision. The flood plain of Turkey Creek is to the north.
Solis
Solis In the project any are mapped in the Pender County Soil Surrey as predominantly
Autryville Fine Sand with Marvyn on the slope into the floodplain and Dorovan throughout the
wetland floodplain area. Autryville Fine Sand'is characterized as a well drained soil with rapid
infiltration and slow surface runoff. Marvyn is a loamy fine sand typically found along slopes.
Dorovan is characterized as poorly drained and lying in flood prone areas. There is also an
Insignificant amount of Pt(Pit)soil on the western boundary. It is known for areas that have been
excavated. Preliminary analysis by a soil scientist indicates that there is adequate space for
onsite septic systems on all of the lots.
Planned Erosion and Sedimentation Control Practices
Silt fencing will be utilized where ground disturbance is in close proximity to wetlands,
around the existing pond and around drainage inlets to control sedimentation. A construction
entrance will be located at the entrance of phase two on Tom's Creek Road. A number of
sediment traps will be located at the locations of proposed swales, adjacent to existing swales,
and in the roadside ditches during construction where channelized flow will be adjacent to
construction traffic.
Planned Stormwater Management Practices
This project is to be low density. Stormwater from lots will flow to swales or overland to
adjacent wetlands. Stormwater from the roadway will be collected in road side swales and
conveyed to vegetated swales and outlet to Turkey Creek.
107 COMMERCE ST. HESTRON PLAZATWO
SUITE 8 102-D CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28667
(252)756-9352 (910)815.0775 (252)247-7479
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THE KNOLLS(M TURKEY CREEK THE KNOLLS 0 TURKEY CREEK 11
MA+AtP BOOK 5B.PAGE 46 4f MAP BOOK 56 PAGE 46S
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LINE BEARING LENGTH LEGEND
L1 N41°39'56"E 47.97 - -- WETLAND
L2 N72°234)4E 25.66 _--- EASEWAT
L3 N89'07'02"E 45.08 PROJECT SOLMMY
b L 4 N77°26'05"E 63.18 �'I -,- EX.CONTOAN
:E L5 N70°48'04"E 42.44
PROPOSED ELEVATION
Le N43°32' "E 54.16 C««< sWALE
L7 N53°28'S2"E 49.34 4eURreUondSMlrNss7on
Ampyofthis Plat has been submitted.Approval is subject to review;this does n°tconstitutean M RIP RAP APRONS
L.8 N57-30.23-E 93.04 aPpr suet.
o WATER NOTES: PenderCoonp UlNlUes:__ - I Tbe 0115 �W N11\b��&c&
PendSYCaDHpEmerdlrtlenLe Health: Date;
g PIPE SHALL BE SDR 21 PVC. PenderCduntYAddressklg Coordhator•. ._ Date:
# PRELIMINARY PLAN NOTES: FITTINGS SHALL BE BE RESTRAINED JOINT DUCTILE IRON PHASE2
1. BWIOARY DATA IS BASED ON A SURVEY BY STROUD ENGINEERING,P.A. WITH APPROPRIATE RESTRAINED LENGTH OR TRUST BLOCKS. CMURCINOtPiaMrkwyPIx AWw.W
TOPoCRAPHICAL DATA IS BASED ON A SURVEY BY STROD ENGINEERING,P.A. PrelkninarVPlrtApprosedby Pend rCa gfaraperiodoftw0(21"2msWOcttothe PenderCDuMy ROCKY p �� ry NORM GWpl4l
3. THIS PROPERTY CONTAINS 404 WETLANDS. ONSITE WASTEWATER DISPOSAL IS PROPOSED.
UnHiMDevebPmeraO.d!nantrnquNnmer,is arrdmnSNarrc of�Iprsasal.
se 4. PORTIONS ff iH15 PROPERTY ARE LOCATED IN THE 100 YEAR FLOOD ZONE PER OWNER: TIOGA. LLC DESIGNED: JHF
FI M PANEL 3720 3223 ODI. ALL MATERIALS USED SHALL CONFORM i0 FENDER COUNTY P D BOIL 769
5. PROPERTY ACQUIRED BY DEED BOOK 4239 PAGE 97.RE.MAP BOOK 54 PAGE 11B UTILITIES REOUIREMENTS. NONCONFORMING MATERIAL Plarnin St>al. Da,.; ADDRESS:
.. 6. SOILS ON THE SITE ARE REPORTED BY THE MC SOIL CONSERVATION SERVICE TO HE WILL NOT BE ACCEPTED FOR FINAL CERTIFICATION. G CASTLE HAYNE. NC 2B429 DRAWN. ICm
AUTRYVILLE ABOVE THE XETLANDS AND DORQVANO ELOX THE IETLAND LINE PHONE: 910-279-1562
O O 7. BUILDING SETBACKS ARE: 30'FRONT.10 SIDE.15'COMER,A 25 REAR. A ONE YEAR WARRANTY PERIOD APPLIES TO ALL UTILITIES BD 0 90 120 APPROVED: JHF
2_- Z 6. EXISTING TRAFFIC COUNT AT CARVER ROAD AND NG35 ARE CONSTRUCTION. THIS WARRANTY PERIOD DOES NOT BEGIN DATES 112fiF14
PER THE NWOT 60DO TRIPS PER DAY IN 2011. CARVER ROAD HAD 1500 UNTIL NCDENR FINAL APPROVAL OF THE SYSTEM HAS BEEN
TRIPS PER DAY IN 2011. RECIEVED. A WRITTEN COPY OF THE WARRANTY WILL BE A STROUD ENGINEERING,P.A.
W = 9. PROPOSED DEVELOPMENT WILL ADD 249 TRIPS PER DAY,26 PEAK HOUR TRIPS. REQUIRED PRIOR TO FINAL ACCEPTANCE. CRAPN IC SCALES 1'�RO•
102-0CINEMA WIVE 7 SCALE: 1'r WO'
-321 PROVIDE 3E" (MIN) COVER OVER ALL WATER LINES. ■iLMI1D70x. MONTH cMa1xA 2-11.
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Govemor Secretary
January 28, 2015
Scott Gerow
Tioga, LLC
PO Box 789
Castle Hayne, NC 28429
Subject: Request for State Stormwater Management Permit Application
The Knolls at Turkey Creek Phase II
Stormwater Project No. SW8 not assigned
Pender County
Dear Mr. Gerow:
On January 27, 2015, the Wilmington Regional Office received notification that the subject proposed
project is slated for TRC review by Pender County on February 10, 2015. The project is Phase-ll of a
larger common plan of development. The North Carolina Administrative Code requires any project that
is part of a larger common plan of development to apply for and receive a Stormwater Management
Permit from the Division of Energy, Mineral and Land Resources prior to development. Please
understand that the NPDES 010000 Federal Construction Stormwater Permit that is issued with the
Erosion Control Plan approval letter is NOT the same as a Coastal Stormwater Management Permit.
Any construction on the subject site; prior to receipt of the required Coastal Stormwater permit, will
constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this
Office.
Please submit either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of this
project and the expected submittal date, to this Office no later than February 28, 2015. Please note
that you can submit either a new permit application for Phase II alone, or a modification to the existing
Phase I permit, SW8130514, to add Phase 11. It is more convenient for the permittee/ HOA to have just
one permit to transfer and deal with, although we can permit either way. Failure to respond to this
request may result in the initiation of enforcement action, and construction may experience a
subsequent delay.
If you have any questions, please call me at (910)-796-7215.
Sincerely,
Linda Lewis
Environmental Engineer III
GDS/arl: G:IWQIShared\StormwateAPermits&Projects120151D12015 01 req_swapp_Knolls_at Turkey_Creek II
cc: Megan O'Hare, Pender County Planning (via email)
Jimmy Fentress, P.E., Stroud Engineering,Wilmington Office(via email)
Wilmington Regional Office Stormwater File
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington, North Carolina 28405-(910)796-7215 I Fax:(910)350-2004
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8130514
2. Project Name: The Knolls at Turkey Creek
3. Current Permit Holder's Company Name/Organization: Tioga LLC
4. Signing Official's Name: Scott Gerow Title: Member-Manager
5. Mailing Address: PO Box 789
City: Castle Havn� e _ State: NC Zip: 28429 i
4 (�v
6. Phone: Cqj�Lj 623-4536 Fax: ( 910 ) 623-4575
� ro
e�
II. PROPOSED PERMITTEE/ OWNER/ PROJECT/ADDRESS INFORMATION
This request is for: (please check all that apply) (t
❑ Name change of the owner (Please complete Items 1, 2 and 3 below) �� t
❑ Name change of project (Please complete Item 5 below)
❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) �1'I
LJ Mailing address/phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name:
3. Proposed permittee's title:
4. Mailing Address: PO Box 789
City: Castip Haynp State: NC Zip: 2842A
Phone: ( gin ) 623-4536 Fax: (910 ) 623-4575
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in#1 above and provide name of HOA/POA's authorized representative in#2 above)
❑X The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4) EC E IVE
NOV 14 20%
SSW N/O Change Rev24Sept2012 Page 1 of 4 BY:
III. 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.
1. This completed and signed form. This certification must be completed and signed by bath the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. 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.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. 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.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
Check here if the current permittee is only changing hisfherl is name, the project name, or mailing
address, but will retain the permit. I, Scott Gerow/Tioga LLC , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
Check"L if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, , the current permittee, am submitting this application
for a transfer of ownership for permit# . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. 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 most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: <7-- Date:
I, Ke( ak�ls a Notary Public for the State of
N or-lk CarolinA , County of New 4-AnoyeP , do hereby certify that
SCO'tt &crow personally appeared before me this the
— 14 day of Nl oy em bed , 20-A-, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, _ JNota!Sleal,
_Kullit �. GCEIVEL KELLIE E. NORRIS
Not ry Signature Notary Public
Nov 14 20 North Carolina
New Hanover County
SSW N/O Change Rev24Sept2012 BY. Page 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, , hereby notify the DWQ that I have acquired
responsibility through sale, lease or legal transfer, they for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
❑ 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 from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days Drior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature: Date:
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 Signature (Notary Seal)
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 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.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign wage 4 of this document. Both the lessee/developer and the property
owner will appear on the permit as permittees. EGE IV
EDNOV 14 2M
SSW N/O Change Rev24Sept2012 Page 3 of 4
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City: State: Zip:
Mailing Address:
(if different from street address)
City: State: Zip:
Phone: Fax:
Email:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner Date:
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 Signature (Notary Seal)
ECEIVF.
NOV 14 2M
SSW N/O Change Rev24Sept2012 Page 4 of 4
STROUD ENGINEERING, P.A.
102-D Cinema Drive d D nIE4VIEQ W 4 HMOVUQd
Wilmington NC 28403
j DATE JOB NO.
(910) 815.0n ATTENTION
s C)V. 1 20 f
CDF-N R RE:
Li (JGWI
ro S-I-a�- Sk-o r►n�v�l�-�-er
Gr a rz ,e
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
1 S i neck l�o+ar��e� Gh�l n � bf rtiam�
6 ISM
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
ECEIVE
BY: -
COPY TO NOV 14 2014
SIGNED:
If enclosures are not as noted,kindly notify us at once.
Lewis,Linda
From: Lewis,Linda
Sent: Friday, October 31,2014 8:45 AM
To: 'Ryanna Avery'
Subject: RE: Mailing Address Change??
Attachments: SSW-Name-Owner-Change-20120924-DWQ-S PU.pdf
Ryanna:
The Name/Ownership Change Form serves the purpose of officially notifying the Division of a change of mailing address
for the permittee,in addition to the usual and customary purpose of changing ownership or transferring the permit. Mr.
Gerow should complete that form,attached,and send it in.
Thanks-have a safe Halloween!
Linda
From: Ryanna Avery fmailtoftanna0teamaale.netJ
Sent: Thursday, October 30, 2014 4:55 PM
To: Lewis,Linda
Subject: RE: Mailing Address Change??
The address change is below. Please let me know if I need to submit this in some other way.
Tioga LLC
PO Box 789
Castle Hayne, NC 28429
RYANNA AVERY
Accmo rw STAGING PROFESSIONAL,
REALTOW
NCRE ucema#2414671
C:910.622.3497
F:910.368.4070
RYVAMAOTEAMGALE.NET
v'.%,vw.TEAMGALENET
1001 Ahsi.tTARY CUTOFF RD.#10 1
i,'vt INIG ON.NC 28405
ri "
/Go WS)W ON COWawAV REA&ESTAWI
Ask Me About Our Newest Community
i
Lewis.Linda
From: Ryanna Avery <Ryanna@teamgale.net>
Sent: Thursday,October 30, 2014 4:55 PM
To: Lewis,Linda
Subject: RE: Mailing Address Change??
The address change is below. Please let€ne know if I nve%d to submit this in some other way.
Tioga LLC
PO Box 789
Castle Hayne, NC 28429
RYANIYA Avzny
ACCREDITED STAGING PROFESSIONAL,
REALTOR-'
NCRE LICENSE#241467
I
C:910.622.3497
F:910.368.4070
1171
RYANNA0TEAMGALE.NET
/ www.TEAMGALE.NET
j 1001 MILITARY CUTOFF RD.#101
WILMINGTON.NC 28405
Tff"
IK'E03S MU ON COLMMEIN Esc-
Ask Me About Our Newest Community
I
From: Lewis,Linda.[mailto:linda.lewis@ncdenr.eovl
Sent:Thursday, October 30, 2014 9:06 AM
To:Scott Gerow(ssgerow@aol.com)
Cc: Ryanna Avery
Subject: Mailing Address Change??
i
Mr.Gerow:
On August 21,2014, 1 mailed you a copy of the attached email regarding the necessary corrections to the recorded deed
restrictions for The Knolls at Turkey Creek(SW8130514).These corrections need to be completed and recorded before
selling any more lots. Unfortunately,the letter was returned as undeliverable to the permit mailing address on file
(Tioga LLC, PO Box 15970,Wilmington 28408). If you have a more recent mailing address please let;:;c know what that
is.
Please be reminded that it is your responsibility under the permit to respond to the Division within the stipulated time
frames,to comply with the terms and provisions of the permit,to record deed restrictions and to keep the Division
apprised of any name,ownership or mailing address changes.
If you do not respond to the Division within the next 10 days,or if you do not record the required amendment to the
deed restrictions within the next 10 days and submit a copy to the Division,the Division will inspect the project and issue
a Notice of Violation that will request the local building inspector withhold building permits and certificates of
occupancy for the lots in The Knolls at Turkey Creek until this matter is resolved.
Thank you for your continued cooperation.
Linda Lewis
Environmental Engineer III
Division of Energy,Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington,NC 28405
Fain 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.
2
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From: Lewis,Linda
Sent: Thursday,August 21,2014 9:51 AM
To: Scott Gerow(sgerow@aol.com)
Cc_ ryanna@teamgale.net
Subject: RE:The Knolls at Turkey Creek
Attachments: 2013 05 deedrest 130514.pdf.pdf,SL 2011-256 Permit_transfer.pdf
Mr.Gerow:
Here are my concerns about the recorded document:
Article I Section 6-The restrictions should not automatically terminate or require a vote of the Association to be
renewed. If the restrictions are allowed to be terminated, then you will need to place a reference to the permit on each
deed that is conveyed for a lot in this subdivision,and make the lot subject to the terms and conditions of the
stormwater permit, SW8130514. The permit remains in effect whether or not the restrictions do, but the restrictions
provide a condensed version of the permit requirements rather than having the lot owners track down a copy of the
permit themselves.
Article III Section 2-Amending the deed restrictions-Please include a reference to Article IX Section 2 when describing
the exceptions for amending the restrictions. "Except as provided above,and as provided in Article IX,Section 2,the
covenants and restrictions..." Both paragraph 2 and paragraph 3 of Article IX Section 2 already states that the
restrictions pertaining to stormwater may NOT be amended or rescinded without the approval of...This is where we run
into another problem—see below.
Article IX Section 2:
Paragraph 1—Since no curb outlet swales were permitted as part of this subdivision,you should eliminate any reference
to them in the covenants.The attached copy of the deed restriction document you signed in 2013 to obtain this permit
does not contain any mention of curb outlet swales.All you need to do is record those statements as shown on that
document.
Paragraph 2—Please refer to the yellow highlighted area of the attached copy of the deed restriction document you
signed in 2013 to obtain this permit.As noted in that highlighted area,you needed to change 30'to 50' in the coastal
counties. Please amend these statements to read that the vegetated buffer width is 50',and the roof drains must
terminate 50'from surface waters'.
Paragraph 3-You refer to the NC Division of Environmental Management, but the correct name is the NC Department of
Environment and Natural Resources or DENR.The Division of Environmental Management(DEM) ceased to exist almost
20 years ago,and the Division of Water Quality ceased to exist in August 2013,just after this permit was issued.There's
nothing wrong with referring to the Division or the Department, but you just need to get the names right.
Paragraph 3—The Association CANNOT automatically be made responsible for permit compliance just because 50%of
the lots have been conveyed. As stipulated in the permit,the permittee must submit a formal request to transfer the
permit,and certain requirements of SL 2011-256 must be met before the Division will transfer the permit to the
Association. Please either remove this statement,or amend to read that the declarant will initiate the transfer of the
stormwater permit to the Association per the requirements of the stormwater permit and Session Law 2011-256
(attached to this email for your convenience).
1
Thank you for your cooperation. The more you understand about your obligations under the permit, and the required
deed restriction statements and the conditions for transfer,the less likely it is that you'll get one of"deficiency" letters
from us.
Linda
From: Ryanna Avery [mailto:Ryanna(&teamgale.net]
Sent: Wednesday,August 20, 2014 5:01 PM
To: Lewis,Linda
Subject: RE: The Knolls at Turkey Creek
Recorded RC's
RYANNA A1V w
ACCREMMO STAGING PROFESSIONAL,
REALTORa
NCRE L1cmm#241467
C:910.622.3497
P 910.368.4070
. RYANNAWrAMGALE.NET
www TEAN'.GALE.NET
1001 MILrrARY CUTOFF Ro.#101
WLM IGMN.NC 28405
Tr"t'
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Ask Me About Our Newest Community
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From: Lewis,Linda [mailto:linda.lewis@ncdenr.govl
Sent: Monday,August 11, 2014 8:33 AM
To: Ryanna Avery
Subject: RE:The Knolls at Turkey Creek
Thank you.When the attorney sends you back your copy, please make sure to send another copy to the Division.
2
Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built-upon" area consistent with the applicable
regulation governing the density level.
I, Scott Gerow acknowledge and affirm by my signature below, that I will cause the following deed
restrictions and protective covenants to be recorded for The Knolls at Turkey Creek prior to the sale of
any lot:
1. The following covenants are ItZed to ensur ongoing compliance with State Stormwater
Management Permit NumberG / �$/ as issued by the Division of Water Quality under
the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built-upon area per lot is 4,500 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, and coquina, but does
1-Not include;aised, open wood decking, or the water surface of swimming Nuuls.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
8. Filling in or piping of any vegetative conveyances(ditches, swales, etc :asspeia
development except for average driveway crossings is strictly prohibits =1ign�r pe►�sds.
9. Each lot will maintain a 30*foot wide vegetated buffer between all imptvi st} ce
waters.
10. All roof drains shall terminate at least 30*foot from the mean high watinkmark of surface waters.
*50 foot for projects loca ed M the 20 coastal counties.
Signature: Date:
1A. Y o'l) IN ►� , a Notary Public in the
State of moo; 1- ( 6-.(-a .0 , County of V."
do hereby certify that �,r personally appeared
before me this the c.1 ' day of U,,�i , 201�, and acknowledge
��eue'�rlo
the due execution of the foregoing instru nt. Witness my hand and of if, dwoi;.ear
�rp
S61l ARr
Signature c'=
• 'Ougoo
My Commission expires Lac, a to) W���
Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 'i�,��•-�Cpv,�``��
Lewis,Unda
From: Lewis,Linda
Sent: Tuesday,July 29, 2014 6.49 PM
To: Isgerow@aol.com'
Subject: ThlQ Knolls at Turkey Creek SWO 130C14
��w ��u��. ,y s tr t .��.
Mr.Gerow:
It was very nice speaking with you today. I hope that everything turns out well. I've done what I can to assist the HOA in
seeing the value in signing the deed restrictions for Schoolview Subdivision.
On a different matter, I noticed that you were wearing a shirt that was embroidered with"The Knolls at Turkey Creek".
Since we had some issues at Schoolview, I wanted to head off any compliance issues early for The Knolls. I see that a
permit was issued to Tioga, LLC,a year ago, in July of 2013 and that,according to the website, Lot 22 closed on June 12,
2014 and Lot 12 went under contract in May 2014. Since lots have obviously been sold,you should have already
recorded the deed restrictions and submitted a copy to the Division, but our database indicates that has not yet
happened. Please take a moment to take care of that as soon as possible, before you put another lot under contract.
Please review the deed restriction statements before you submit them to make sure they accurately reflect the permit
language and BUA amount,and incorporate all of the permit-required statements. If they do not, please make
arrangements with your attorney to get them amended and re-recorded. I always find it helpful to send a copy of the
permit to the attorney with the deed restrictions highlighted. It takes the guess-work out of it.
Just a friendly reminder that as the permittee,it's up to you to monitor the project and to make sure that everyone
complies with the permit by reviewing the lot plans for compliance. Each lot must:
1. Stay below their maximum BUA limit;This includes the house/garage under roof, driveway,outbuildings,
covered decks,sidewalks,areas of concrete/brick/stone/slate, patios etc.
2. Limit piping.The only piping allowed is that minimum amount under a driveway to provide access to the lot;
3. If a buffer was required,that each lot with a buffer does not construct any BUA within the buffer.
These are not things you should leave to the homeowner to police themselves as they will probably not fully
understand the low density permit requirements.You should be reviewing and approving all lot construction plans
for compliance with the deed restrictions and covenants,which includes the BUA limit,the prohibition against
piping,and the buffer requirements.
Although erosion control measures are only required to be approved on a project-wide basis,each individual lot is still
required to restrain the erosion on their lot and to prevent unrestrained sediment from entering wetlands,ditches,
swales or surface waters. If you elect to not require builders to provide on-lot sediment control, please monitor the
swales for sediment build-up and make sure the swales are routinely maintained.
It also helps a lot as far as educating the buyer is concerned, if the real estate agents point out the existence of the BUA
limit to prospective buyers and/or furnish them with a copy of the permit.A small expense up front compared to the
large expense of trying to achieve after-the-fact compliance.
Many thanks for your cooperation.
Linda
Linda Lewis
Environmental Engineer III
1
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!avv and may be disclosed to
third parties.
2