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HomeMy WebLinkAboutSW8881104_Historical File_20080215 F WATF O�O � QQG Michael F.Easley,Governor • William G.Ross Jr.,Secretary \ rNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins Director Division of Water Quality February 15, 2008 Gordon Titcomb, President Can-Am Development Corporation 6401 Orr Road Charlotte, NC 28213 Subject: Stormwater Permit No. SW8 881104 Cedar Tree Subdivision High Density Subdivision Project Brunswick County Dear Mr. Titcomb: The Wilmington Regional Office received a completed request to transfer the ownership of the Stormwater Management Permit for Cedar Tree Subdivision on February 15, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 881104, dated February 15, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until February 15, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 796-7215. Si erely, Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:IWQSISTORMWATERI PERM IT1881104.feb08 cc: Chris Webster, The Anderson Law Firm Ocean Side Corporation Delaney Aycock, Brunswick County Inspections Jeff Phillips, Brunswick County Engineering Linda Lewis Wilmington Regional Office Central Files lv°na Caro a 'n atural North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterauality.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper State Stormwater Management Systems Permit No. SW8 881104 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Gordon Titcomb and Can Am Development Corporation Cedar Tree Subdivision NCSR 1167 near US 17 intersection, Calabash, Brunswick County FOR THE construction, operation and maintenance of one (1)wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 15, 2018 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 64 lots, each allowed a maximum of 3,000 square feet of built-upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 5. This pond must be operated with a 30' vegetated filter. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 881104 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 18.48 Onsite, ft2: 804,989 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 270,843 Lots at 3,000 ft2: 192,000 Roads/Parking, ft2: 71,438 Other, ft2: 7,405 Offsite, ft2: 0 c. Average Pond Depth, feet: 4.0 d. TSS removal efficiency: 85% e. Design Storm: 1 f. Permanent Pool Elevation, FMSL: 38.5 g. Permitted Surface Area @PP ft2: 48,787 h. Permitted Storage Volume, ftr: 46,849 i. Storage Elevation, FMSL: 39.4 j. Controlling Orifice: 22.5° V-notch weir k. Permanent Pool Volume, ft3: N/A (1988 existing pond) I. Forebay Volume, ft3: N/A )1988 existing pond) m. Maximum Fountain Horsepower: N/A n. Receiving Stream / River Basin: UT Persimmon Swamp / LBR57 o. Stream Index Number: 15-23-2-1 p. Classification of Water Body: "C Sw" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 881104 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re-vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 881104 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 881104, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is 3,000 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division of Water Quality, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 881104 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 15th day of February 2008. NORTH ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION xu40 for C e . ullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 881104 Mod. Page 6 of 8 O voTk,9Q Michael F. Easley, Governor 9 K William G. Ross, Jr., Secretary y North Carolina Department of Environment and Natural Resources -111 it. r Alan W. Klimek, P.E., Director 4 `C Division of Water Quality Wilmington Regional Office WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I, CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: Sw 8 8 81 1 0 4 2. Permit Holder's name: Ocean Side Corporation 3. Signingofficial'sname: Sheila K. McLamb Title President (person legally responsible for permit) 4. Mailing address: P.O Box 4640 City: Calabash State: NC Zip Code: 28467 Phone: 910-579-3737 FAX 910-287-7828 (Area Code and Number) (Area Code and Number) II. NEW OWNER/PROJECT/ADDRESS INFORMATION 1. This request is for: (please check all that apply) • X a. Change in ownership ofthe property/company(Please complete Items#2,#3, and#4 below) b. Name change of project(Please complete Item#5 below) c. Mailing address change. (Please complete Item#4 below) d. Other(please explain): 2. New owner's name to be put on permit: Can-Am Devolpment Corporation 3. New owner's signing official's name and title: Gordon N. Titcomb (Person legally responsible for permit) President ('Title) • , f 4. New Mailing address: 6401 Orr Road City: Charlotte State: NC Zip Code: 28213 Phone: (704)597-9722 FAX (704)596-1030 (Area Code and Number) (Area Code and Number) 5. New Project Name to be placed on permit: Same (Cedar Tree Development) N P EEf R N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 (910)395-3900 Fax(910)350-2004 Customer Service 800-623-7748 Permit No. '(.t` 2 69 ' i/lG 4- • (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION C Project Name: Cedar { r e 5vhd t v'5r C51'1 Contact Person: 6,,crtiai 711-COf 7b Phone Number: (7 ) 597 -g7ZZ For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation '.- ft. (floor of the basin) Permanent Pool Elevation 3 ft. (elevation of the orifice) Temporary Pool Elevation 39,3 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 32,00 sq. ft. (water surface area at the orifice elevation) Drainage Area I 'i 48 ac. (on-site and off-site drainage to the basin) Impervious Area 6.05 ac. (on-site and off-site drainage to the basin) volumes Permanent Pool Volume N I,- cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 34,001 cu. ft. (volume detained above the permanent pool) Forebay Volume N/A cu. ft. (approximately 20%of total volume) Other parameters SA/DA1 'Z• 110 (surface area to drainage area ratio from DWQ table) Diameter of Orifice Z2V2 a V-14 . it (2 to 5 day temporary pool draw-down required) Design Rainfall 1 in. Design TSS Removal 2 6 5 % (minimum 85%required) Form SWU-102 Rev 3.99 Page of 4 - 'Te. Sc.fbctiki i5iai itv;'LSu- ►.c-'. Laun1-t< SI,, ig 6'8.1)0 7 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins,piping, swales,riprap, etc.)quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75%of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads feet in the main pond, the sediment shall be removed. When the permanent pool depth reads N II- feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) • © ;` A- Permanent Pool Elevation Sediment Re oval El. 75 ---- - -- Sediment Removal Elevation i 75% Bottom Ele a' % Bottom Elevation 25% FOREBAY MAIN FOND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for,an emergency or to perform maintenance,the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 5 , Y'i«4- U g©[ - ick County'-Regfster of Deeds a.. ec . (vU r.,. rt J. Robinson �tI t` .y, �c ,Q Inst #312639 Book 2322Page 510 '/ .31 ,,° ! yi: 01/26/2006 04:46:23pm Rec* a(y GS97' " ,.' 'A,T„ ,:- ,',, i ,y ' ,`.?;*Camtar..' �0FpgiLg ,�. 'M i _ f n("fin G' RET A I F 3 TOTAL REv TC# REC# CK AMT2' CK# 33 STATE OF NORTH CAROLINA CASH REF BY_ S COUNTY OF BRUNSWICK SUPPLEMENTAL DE ' -y 06...... .6'4 iiC )I'_4:•' I,OTS IN CEDAR TREE SUBDIVIS I 0 1: f78' RUNOFF RULES 'FJ1ea J1 WHEREAS,on or about 22"a day of April,1998,Ocean Side Corporation(hereafter called"Ocean Side"),a North Carolina corporation,executed as"Developer"the"Amended Consolidated Master Declaration evelopment JvrtofC d r Tree"(hereafter called the "Amended Master Declaration" � o F F LtRR• FFS ME egaaGps, WHEREAS,by and through the execution ending of the Amended Master Declaration in Deed Book 926,Pages 234-270 of the Brunswick County Registry,Ocean Side placed those certain covenants,ogitions and restrictions Tbodied therein on the real property described therein;and [SICI - WHEREAS,pursuant to a Assi_a u i .'.'t `l ii,ers Rights recorded in Book 1460, Page 651 of the Brunswick County Registry,Ocean Side assigned all of its developer rights, privileges and obligations pertaining to Cedar Tree Subdivision to Can-Am Development Corporation,LLC,a North Carolina li C sliihereinafter called"Can-Am"); and 0 0 nrutioprzarAL 41 WHEREAS,Cam-Am is also the owner of the�proop y comprising Cedar Tree Subdivision,which consists of the lots located within the 21.7 acre parcel described in the deed Gearfipst vA; I t: # 312639 Hook 2322Page: 511 recorded in Book 1460,Page 648 of the Brunswick County Registry,less and except those lots previously conveyed therefrom by Ocean Side and Can-Am;and WHEREAS,Can-Am nif&dwiczly with thet Vstpsmnoff rules adopted by the State of North Carolina,and in.e f. pl';, aid stormwater runoff rules, )rr' 1at CAN-AM deems it necessary to further restrict its to to provide: No more than 3,000 square feet of any lot shall be covered by structures and/or paved surfaces,including walkways or patios of brick,stone,slate or similar materials. This covenan e;„intended to insure conti - compliance with stormwater runoff rules ado by the S line. This covenant is to run with the land and shall bJ err"'l.:- s and persons claiming thereunder. n uxjV' teem a lJ ��r'rs^"ls�ClgL NOW,THEREFORE,Can-Am,as successor to I.,Developer and the owner of several lots in Cedar Tree Subdivision,submits and subjects its lots in Cedar Tree Subdivision to the following acatigal covenant,condijipk'restriction: No more than 3,000 square� � ,-ju ee covered by structures and/or paved surfaces,includi '1<:f:l?`� ..-fty/,:,, ;is e,slate or similar materials. This covenant is intended to UFFYj(^,_,,;10ued compliance with stomiwater runoff rules adopted by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and persons claiming thereunder. 1N TESTIMONY WHE the party heretztued this instrument to be executed on the day and year S =. .,. 'Yf(� ODd�lSe @ r r lfltu8�1R VieOp Can-Am artfoidnent Corporation,LLC By: hertAkbed 61150,37 *441114 n ,Member/Manager �U� OJNOFFECZAIL O�0� UNOFFECUE er [OD 69raa lJ �Mi(aGgG�i, a • C ltX J UK] _-1. L �'41` ft Inst 1 312639 Book 2322Page: 512 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK This the 1P day of r T„`S y appeared before me GoccN.Th!u ,,,',,'TV-1;, on � b s � . .� � :orally known to me,says that fCihe is a duly authorized member/manager of Can-Am i.'4!pment Corporation,LLC,a North Carolina limited liability company and that he voluntarily signed the foregoing or annexed instrument on behalf of said limited liability company and that he acknowledge the said instrument to he the act and.=_I i<F;;.'d limited liabi ,, . .M herein stated. og H ieo� G�Public , uuu,,,a , ''s 'NO ". ' Sandra. . !JornS Q,.•'. µ p, «`{�� Stamp) Notary Public printed or typed name N' �„ i�r .1MP. i sion Expires: '•?U 9........... "• nn g-S 2010 gRil , [s e pgiLgpAzesuit eag UNDFRICIAL 6 U 08I30/2004 12:20 9105757760 ANDERSON LAW FIRM PAGE 01 g1141 The finéersofl Law TFirm, P.G.L.C. Attorneys and Counselors at Law Jnset Beach 011ie �ha forte 4f Mason H.Anderson of Counsel 790 Sunset Blvd.North 111 Pine Street Richard J.Hollar NC Chris Webster Suite 4 P.O.Box John Calvin Chandler Sunset Beach.NC 28468 Shallorre,NC 28a59 Phone(910)575-7757 Phone(910)754-6786 Fax (910)575-7760 Fax (910) 750-7141 Reply to: Sunset Beach Office Website: Andersonlaw.lawoJfice.eonr August 30, 2004 FAX 910 350 2004 Ms. Linda Lewis N. C_ Department of Environment And Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington,NC 28405 Re: Development: Cedar Tree Developer: Can-Am Development Corporation,LLC Dear Ms. Lewis: In regards to your fax of July 22,2004,please find attached a copy of the revised Supplemental Declaration covering the lots in Cedar Tree Subdivision. As you will observe, the Supplemental Declaration covers all of the lots in Cedar Tree Subdivision, and provides that no more than 3,000 square feet of any lot may be covered by structure and paved surfaces. The Supplemental Declaration was prepared and will be executed and recorded to satisfy the applicable impervious coverage limits imposed upon the lots in Cedar Tree Subdivision. As to Can-Am Development Corporation's power to execute the Supplemental Declaration, Ocean Side Corporation, the original developer of Cedar Tree Subdivision, assigned all of its developer rights to Can-Am Development Corporation by an Assignment dated May 8, 2001. A copy of this Assignment is recorded in Book 1460 at Page 651 of the Brunswick County Registry. A copy of said Assignment is also attached hereto. Thus,Can-Am Development Corporation has all of the developer rights of Ocean Side Corporation pertaining to Cedar Tree Subdivision. As to the power to subject the lots in Cedar Tree Subdivision to the additional restriction set forth in the Supplemental Declaration, the developer,when preparing and executing the Amended Consolidated Master Declaration creating the subdivision, reserved the following right in Article 12, Section 12.5, Amendment and Modification: 08/J0/2004 12:20 9105757760 ANDERSON LAW FIRM PAGE 02 Ms. Linda Lewis -2- August 30,2004 The Developer reserves the right to amend or modify this Master Declaration prior to turnover as herein defined without prior notice and without the consent of any lot owner or the association provided,however, such amendment or modification may not alter the basic plan of Developer of the Subdivision,nor any rights in the Common Area of any lot owner. A copy of Article 12, Section 12.3 of the Amended Consolidated Master Declaration is attached for your review. As the proposed amendment will insure compliance with the requirements imposed by the North Carolina Division of Water Quality, and not change the basic plan of development, Can-Am Development Corporation will execute and record the Supplemental Declaration pursuant to its power under the aforesaid Article 12 of the Master Declaration. Please consider the above and let me know if you have any questions; otherwise,please let me know if the proposed Supplemental Declaration will be acceptable if executed and recorded by Can-Am Development Corporation. Sincerely, Chris Webster CW/ph Enclosures 08/30/2004 12:20 9105757760 ANDERSON LAW FIRM PAGE 03 • STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK SUPPLEMENTAL DECLARATION RRDNOFF RULES CEDAR TREE SUBDIVISION SRMW WHEREAS,on or about 22"d day of April, 1998, Ocean Side Corporation(hereafter called"Ocean Side"), a North Carolina corporation, executed as"Developer"the "Amended Consolidated Master Declaration and Development Plan for Cedar Tree"(hereafter called the "Amended Master Declaration"); and WHEREAS,by and through the execution and recording of the Amended Master Declaration in Deed Book 926,Pages 234-270 of the Brunswick County Registry, Ocean Side placed those certain covenants, conditions and restrictions embodied therein on the real property described therein; and WHEREAS,pursuant to the Assignment of Developers Rights recorded in Book 1460, Page 651 of the Brunswick County Registry, Ocean Side assigned all of its developer rights, privileges and obligations pertaining to Cedar Tree Subdivision to CAN-AM Development Corporation, LLC, a North Carolina limited liability company(hereinafter called"CAN-AM"); and WHEREAS,pursuant to Section 12.3 of the Amended Master Declaration, the Developer, Ocean Side and now CAN-AM as its assignee,reserved the right to amend or modify the Master Declaration prior to turnover without the prior notice and without the consent of any Lot Owner or the Association provided however such amendment or modification does not alter the Basic Plan of Development of Cedar Tree or any right in the Common Areas of any lot owner. 08/30/2004 12: 20 9105757760 ANDERSON LAW FIRM PAGE 04 WHEREAS,CAN-AM must comply with the stormwater runoff rules adopted by the State of North Carolina, and CAN-AM, as the Developer of Cedar Tree Subdivision,has the right to amend the Amended Master Declaration and deems it necessary to Amend the Master Declaration to further restrict the lots in Cedar Tree as follows: No more than 3,000 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and persons claiming thereunder. WHEREAS,the aforesaid Amendment does not alter the Basic Plan of Development of the Cedar Tree Subdivision, nor deprive any rights in the Common Areas. WHEREAS,the aforesaid Amendment is necessary to comply with the stormwater runoff rules adopted by the State of North Carolina NOW,THEREFORE,CAN-AM, as the Developer of Cedar Tree Subdivision pursuant to the Assignment recorded in Deed Book 1460, Pages 651 of the Brunswick County Registry, hereby amends the Amended Master Declaration to submit and subject the lots in Cedar Tree Subdivision to the following additional covenant,condition and restriction: No more than 3,000 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick,stone, slate or similar materials. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and persons claiming thereunder. IN TESTIMONY WHEREOF,the party hereto has caused this instrument to be executed on the day and year first above written. CAN-AM Development Corporation, LLC By: 08/S0/2004 12:20 9105757760 ANDERSON LA!4 FIRM PAGE 05 By: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, ,Notary Public of the County and State aforesaid, certify that Members/Managers of CAN-AM Development Corporation,LLC, personally appeared before me this day and acknowledged that on behalf of CAN-AM Development Corporation,LLC,the due execution of the foregoing instrument and that they are authorized to sign on behalf of said company. WITNESS my hand and official seal,this day of 2004, Notary Public My commission expires: • 08/30/2004 12:20 9105757760 ANDERSON LAW FIRM PAGE 06 g=ta stiidC Cots■ —litil41ntar of Deeds Hobert J. Robinson 'listPREPARED BY: SHEILA K. McLAMB 05/09/2001 8 Hook ace146 - 02:�f8:33pa � �A.--) STATE OF NORTH CAROLINA ASSIGNMENT OF DEVELOPERS RIGHTS COUNTY OF BRUNSWICK THIS ASSIGNMENT,made this the g day of 7Y) , 2001,by OCEAN SIDE CORPORATION,a North Carolina corporation with principal offices in Brunswick County,North Carolina; and CAN-AM Development Corporation,L.L.C. a North Carolina limited liability company with offices in Charlotte,North Carolina. WITNESSETH : FOR VALUE RECEIVED, Ocean Side Corporation hereby assigns to CAN-AM Development Corporation, L.L.C. all of its developer rights,privileges and obligations pertaining to Cedar Tree Subdivision. FOR VALUE RECEIVED, CAN-AM Development Corporation,L.L.C. hereby accepts all of the developer rights,privileges and obligations of Ocean Side Corporation pertaining to Cedar Tree Subdivision. IN TESTIMONY WHEREOF,Ocean Side Corporation and CAN-AM Development Corporation, L.L.C. can and have caused this Assignment to be signed and sealed the day and year first above written. Arlo•.,yyYy����yy��,_' • 4/2..0100CAN'may r`" OCEAN SIDE CORPORATION 3`�'r".:";s. fie p"$l ,: ' .McLamb,P- dent BAN-AM DEVELOPMENT CORPORATION,L.L.C. Ski"-___PSi4/449 • of TC - ,.QSy TOTAL t 1 E v� By, REca��Crc AMTIrelf$�-~CK df. *5 Gordon N. Titcomb,Organizer/Member-Manager CASH. -. REF sY , By: V2 A►-j/ Key P. Koval,0 niter ember-Manager 08/ 0/2004 12:20 9105757760 ANDERSON LAW FIRM PAGE 07 Inst ii 75258 Book 1460Page: 652 STATE OF NORTH CAROLINA COUNTY OF n/a...J aaeo." I, ,Notary Public,do hereby certify that W. J. McLamb,P ident of cean Side C��tion personally came before me this day and acknowledged that on behalf of Ocean Side Corporation,the due execution of the foregoing instrument and that he is authortpfN '�on behalf of said corporation. `!a `7NV�ii� of R day hand and official seal,this , 2001. 4 49i � s $ = Gel •..N 0 wg ;Let_ .c.. ct NOTARY PUBLIC Myeita res: /) -O W STATE OF NORTH CAROLINA COUNTY OFjUp...J .+g -t, I, -au. ctn.�►+ �w�r ,Notary Public,do hereby certify that Gordon N_ Titcomb, Org izer/Member-Manager of CAN-AM Development Corporation,L.L.C. personally came before me this day and acknowledged that on behalf of CAN-AM Development Corporation, L.L.C.,the due execution of the`foregoing instrument and that he is authorized to sign on behalf of said corporation. *spy hand and official seal,this 8 day of li/i,ay , 2001. _ N®A 4 s / = ems ` _ - fa - `�1, ✓ s,nry .,, 4/Q NOTARY PUBLICAp,si / IgtN\,`� pares. �14) -0Ir STATE OF NORTH CAROLINA COUNTY OF .4/44,./Acr epac, ,Notary Public,do hereby certify that Kevin P. Kovel, Org iz /Member-Manager of CAN-AM Development Corporation, L.L.C. personally came before me this day and acknowledged that on behalf of CAN-AM Development Corporation, L.L.C., the due execution of the foregoing instrument and that he is authorized to sign on behalf of said corporation. . rPaBs�+I hand and official seal,this g day of l/1ay , 2001. •� / ir } x = CO®l i ! NOTARY PUBLIC My� e161j*, ��fe0ii/If f tI111\\\!!! } -0y STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of LYNN M MANNING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 9 t h Day of May 2001 in the Book and Page shown on the Firat Page hereof. a T f0T tQ.oa.a.....s ' 081012004 12:20 9105757760 ANDERSON LAW FIRM PAGE 08 rr ro £ R7 n W rt 0 a D et Cu n1 Cl- O Ol CD �• S n ,•. 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Cover Sheet • To: LtNIA Lw, Company: C,I,V�U Fax: Lin- o 7MA Phone: From: Gordon Titcomb Company: Can-Am Development Phone: (704) 597-9722 NC Toll Free: 1-800-273-1914 Fax: (704) 596-1030 Date: _al Vct\NI Pages including this a cover page: Comments: I tkA sat I 1INE t mkt liettityA3v2Dr . IkrrAdlej WC-kte, -14FT vi.V. 4,1e, Yil+b% Ikw ` g-cW' i 1, a ' r ~1 *FP 61k V15 faVI 120 IVA% vqk ie, c co c 2 VAdDheo l `" se 5 . Rt.cf3 die„ teNcotax, kw) ovz coyelmtPtol e P6Z14.)c HARD COPY TO FOLLOW IN THE MAIL? YES NO t‘ ,4%)e1D TO Y114,4.) I3 MIA* TO 39Vd ISNO0 SWOOIIl 0E0T-965-VOL LZ:ET b66TIbZ/E0 FrROPf :REARED TRT THE BEACH FAX NO. :910 5796675 4.1g. 19 2002 08:55 r1 P9 • CRISER &TROUTMAN CONSULTING ENGINEERS Tune 20,2002 Memo: Noelle Lutheran Div. of Water Quality 'rorra Donald R. Bader ;tt bject: Cedar Tree Subdivision Petrel #SW 8 88 1104 • /c have calculated the volume of the it in pond from the field data in August of 2001 a a shown in the attachment. The volume required in the permit was 30.949 CF_ From tie field data, it appears that it would:ause the permanent pond to rise approximately 0 61 feet The surface area required was 0.3')AC The calculations show that at P evahon 33.5 the surface area is 1.12 AC. f le existing 15"CMP at the end of the lake is to be removed. The exisdrtg V notch weir is to be repaired so that the leakage will be stopped. in our calculations,we did not trclude any of the volume from the smaller.pond. The area marked for suture d !velopntent(3.16 AC)has not been developed. a hope that this data will answer your review letter. If You.need Wrote information, p1?ase contact us. (1 DI..B/ctt/5034 P.J. BOA 3727 • 7000 PEA:4:RL2 AVENUE,SU:TE ;02 •Wi.J4i CTOV, N,.C. 28406 • 19:0) 397-Z929 • FAX 307•2971 Yn,vw.�tCCf!ltE31 %%nORaJOH Wff E0 30tid 1SN00 SW001I1 0E0T-96S-VOL LZ:ET l66T/taZ/E0 =P3m' ;RO&RED TAT THE BEACH Pax ND. :910 5796675 Rug.. 19 2002 i2:01PM P4 KS; OCEAN SIDE CORPORATION IMAL£Te7L braLorZps NWT 179 F4k!C SH eu:t+oeief.f.F�:t!SOH P.O.eox 4 4o raeraNee`-. cgje pSR Nl1R71i CARiLINA 2E459 1a ee LOCAL liLISPSONE ale)5?9.3T31 rums,ap, cVaLRAL w,aoTR N.C.14O.4 S-$Me2 9t1R1AR IUMI OUTSIDE N.C. :-soo44a4eis 6S 11CA N•,verb':r 22, 19$3 M Mark Hawes TJ C. Division of Eavironmenta: Management 715 Wrig1'tsys 1ie Avena W .1ni_r,cton, L�rth Carolina 29403 Cedar Tree at. Ca'.abash S torraa:er Management ?Ian ^Buii`-`Jpo:++` Surface:, Peotriosivo oveneeta Liee:Cing Brun3%:1cw County C :3r Er. Hewed: Tne sta:eren: will he ircl.:ded '.a the Restrict=l:e CavenaMS e ;_. .'pdyr Tree at C•Rlnbaet! Subdivision: "No more :hen 9•0CC square feet of any lot ahali be :overed h; atrdctures and/or paved•sUrfaCes, ualKways er pat:ram' of Dr:ck, store, slate or similar mater.als. Tnl1 covenant is _rterded to :!'sure continued compliance viith stcrrmater runoff rules adopted by the State of ;7ort:+ Carolina and there ore tGnef•• s may be en.'orced by the State of North Carolina." iollowin6 v:l: to toted in the :feed: 'rhis (these) COven&V;( is are to run with the land and. G*,all be D'i a'_1 per;..es and all 2ersonS claiming under triers." SICNAT JRE SlgnatLre Q/ ' VEER FICAT+ON Pr1 r sec: IIer�se! . J. DtC:amb '•l;.r.; =%� nd, be trAt duly swot!, says t!. t the d'C t��'6�b .T. t a spl'�Catf0 an in tIC Ckhlbit7 at:.e.C'.€ y'orme t it.,r1 coma; ed in this application rrsto are true to thrr Oast of t;:siner knowledge end be:1et. December / OTpR IC !PSa. 6 n.cc Afro! u N.C. Co:a;cbue County /ddie`s � My ecmirlsaion'Cx5_•res 51'0'37f 27• J 39weaauok ub[' • rr•on.r\CC!f tRI 170 39tid 1SNOD SWOOlIl 0E0T-969-VOL WET 1766TiGZ1E0 :.ROmr 'ROgRED TAT THE BEACH FAX NO. :910 5796675 Aug. 19 2002 02:02P!M P5 It (Ets CA CEDAR. TREE R CALABASH Revised Runoff Calculations Ruoff Calculations ;,,pervious Surfaces: Streets • 1.64 AC Pool Area = 0.17 AC 62 Lots (3.000 54 Ft Ea) = 4.2.�C Total Impervious Area = 6.08 AC 23rvious Surfaces: :tans. Street Shoulder, etc. = 12.40 AC 6.08 AC . 264,845 Sq. Ft. x 0.83' = 21 ,982 CF Runoff (Impervious Surfaces) 1?.40 AC= 540,144 Sq. f t. x .2 x .083' s B,966 Cf Runoff (Pervious Surfaces) Tcta1 Runoff to Basin =3C,948 Cr Eatentionsi. [eteotion basin is designed to esslvc�n�4 s07 Cf snowncby runoff. revised calculations 's adequate to handle project runoff rith additional capacity for future development. � inin� by as`n Surface Area Calculations Ialculate Percent of Impervious Area: 6,08 AC (Impervious) t 18.4E AC (Total Area) • 33% :impervious SA/DA% ;See Chart) for 85% TSS Removal d 2.1% (Interpolate) 2,1: x 16.4e AC r 0.39 AC Basin Area • 0.75 Ac and therefore has adequate surface eree. �gtoRauOH WIC 1E90-0getBtCI 50 3Jtid ISNOD RW001I1 0E0I-96S-VOL WET 1766I/VZ!£0 FROM :ROIRED TAT THE BEACH FAX NO. :9i0 5796675 Aug. 19 2002 09:55PM P9 CNGQT ,,,,,,,�. CRISER do TROUTMAN ! Conoulting Ensincers wane w^e OF FOR • liM .ice ,f I ��� %! L�.Lrlf.i Q� c. Sv.• Aar.;*erl F;ela f,i 4 i-Pm): a9 A/ E IQv04;e1 R•P1;1 S h ��, ,0 fort' ,4 Z s i . � ram.--- -- I %IA. 3/.2. VI 1 ' l I V, ! �l f i1 4' 1 • , , ' si/ ,!_././ = if,, 9yP F j'1 '=.:• 7:v C;:• .1 .I rAI , . = 52.;1Ixf 3 a.o ZS' ZS/ ; p a C �e plc 5,�;. -4. 0_=�K... ;IA C ()5 F? l,1r:,.' = C, 35 r c. I .;21: 01411� 4—►t)_201.- is.1. f .t 1 Teav9-ncR(OTS) sonoasuaH *Tr 90 39Vd 1SN00 EIW001I1 0E0t-969-b0L Pip lo= 1 >tf1 Butler Fr ma: Mark Cattail<rnearralliteeiseltroatn►en.now Tc.: Don Saner 4DON®CRISE1e1ROU7MAN.COM> Se nit Wednesday,.rune 19,2002 6 02 PM Se eject: Cedar Tree Pond Storage Ccdu Tree Subdivision Stetfalit Aveilible Above Elevation HIS E1ev.ft) Area(Ac) Cuir.ta1 Avg(*3) Camas'4aaicl'ft3) 42 00 1.62 209325 209301 41.50 1.55 , 17.1836 s 1.00 1.41 14111'A 1411172 40.50 1.41 !i 0433 110423 an ui 1.34 80511 80500 39,X ;21 52121 52:14 31,00 :.20 23291 25211 .a.x� 1.12 a 0 Saco:.ely. vfin':n,ic/Jark aL:r-7rgii C via mslgn faetsmcfan C:%L'11c&TROVI)ASCC►\1U4'111GCvONEFitS PO B.►rl.3727 Wilmington,NC 21.40S 3E09 >eaahires Avenue,Suiro 102 Whim.i9t5n,NC 29102 Voice S10.397.2921.tiit'113 Fax 910.3177.2971 aqui!r71Jite aber tint teMQVI 4114):* Tat i._ eanere:nee is imaged oe:r fcr 4.4 pa sea Cr entsey to*Won:i is addressed add JJSoy eontai9 cenfithro Eai acdror prima.*,d taaleriel if you we not the ifOcoatd eecipieat of tit massogo)oL tut hereby nol.iedtaat say tai,reyfow, roiamrois:ier., Assam nation,taaiburioa rep:e duction o:eriF no'sda tolled i0 eelliaoce ulna ibis.:.mega is Ireeitirea.I you received ibis is cror. Nlcyse oflfiCt toe% an r nod delete be =lerial fik t yt:y computer.A0;'viers a tprestled is this moorage are hose or the rsdiut4101 snider raa mad out imam-Ay ecLocl il:e qic a of t#a eentl»y • 5/20/Q2 nnnnC IJrlU WSr eta 1,1d9S ee 202. 81 'Srb. S2:3S6L5 0'1: 'ON d HOb Ei ?H1 ills f1965lJ :• L0 39Vd 1SNOD $11001I.1 0E0T-969—b0L LZ:ET 1766T/17Z/60 03/24/1994 13:27 704-596-1030 TITCOMB CONST PAGE 08 J L III 11Y1:Q'VYrly • - -- --_ - . D:56 HARGi AL¢r 6. (NAM} _ '� tap G a 5 p0 O O C ` 1 , i 5 ��� it as a� fry �:_ °`vo Ike "P • j O II- ??'og� a oo o -0s i 2a..' tot / h h M 31 .4b11 NA : ?I ii 'en g'a, t i 4 (`: CJ N 1u`4 e• ;a'w s�G `.'I No O -�ti. p N $ • `'P1 t ' :' I� r InX .".% ° 3/f�S •r Z . 4 O n f ;5y ie T .�i e shy a l `0 '1 i ii1 11 fi ("� 1 H , Al 1 ` 1A f"' 4a�i�� o� i s8 t: 1 -L.,0 1 Jo,ris n .` 1, 1 ^I a A M C o N C. n r � Vi 02 .X ° la "1 piOR •.t p 1` � © ``0 N v r Pa A 4 110''''.6 t pp b i D 41 11 P ETC 1..�4S:ee eoze ET '6^C 54946LS 0T6: 'ON kb. I-h99 2H1 1t1 c33&808: I4O8A 03/24/1994 13:27 704-596-1030 TITCOMB CONST PAGE 09 • I =:3ia 5V:,0$ = f" 2 tl O w W st V M•-.1 ttbl • ..k2: Ike ?$ B U.0 V I., 1 V Id �1 Q I.) b 1. Ie� � .�_.. ub yy L ' 1AZ VI .u..a.t peer, 4 a, S :I : bbsob ! .. i :N.4^ aatglq I 3 Q {J ee ki i' v � C ° O tl � N V w •K y 9.T O CI 2. t y Y G MN IH y.� t O�v g e r 1� e� Y .4 ro ow org _ T • -oob T !l s ill Le y "4 13iP=t3 aN01ii Sib �. w b:1w7. Cd - t A I -an.i.lo leer 2:�• ri.; • ./.Y .I Ill V r a•r r 64 yy N•881 i 1� W+I N 3:.-1 r a M O M_ T eaw p �. jmW3 t VI6;3 1111 • L Ld WdLS:66 Z66z GL '6nb SL996LS WE.: 'ON }clod NDti9H 3H1 ldl 0_2+19al: WC2i4 Awcw. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director FAX COVER SHEET Date: July 22, 2004 No. of Pages: 1 <a)P To: Gordon Titcomb From: Linda Lewis Company: Can-Am Development Water Quality Section - Stormwater FAX#: 704-596-1030 FAX# 910-350-2004 Phone #910-395-3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree Subdivision MESSAGE: Dear Mr. Titcomb: I discussed your comments with Noelle this morning. She had a very unclear memory as to her requirements regarding the deed restrictions. She thought that the consultant had run the as-built pond design calculations again to demonstrate that, should all of the lots build more than 50% of their area, the increased runoff could be treated in the existing pond. I am unable to find any calculations where this was done. Using my Excel Pond Calculation spreadsheet, based on using an allottment of 4,500 ft2 per lot, which is 1,500 ft2 more than the pond was originally designed for, the spreadsheet indicates that the existing pond could support the additional runoff. I don't anticipate each of the 62 lots going over by 1,500 ft2, do you? Short of revising the calculations to demonstrate how much BUA the pond can handle, and rewriting the permit, please provide some means of subjecting each of the other lots, not currently owned by the corporation, to the 3,000 ft2 maximum as they are bought and sold. The problem is that your company is no longer involved in those real estate transactions. If the covenants are amended, will each of those lots not currently owned by the Corporation, become subject to the 3,000 ft BUA limit? For example, if I bought a Lot from Can-Am before the 3,000 ft requirement was shown on my deed or recorded in the covenants, and I sold this lot to someone else after the covenants were amended, would that lot become subject to the 3,000 ft limit after the sale? RSS\arl: S:IWQS\STORMWAT\ADDINFO120041881104-2.ju104 Wilmington Regional Office One 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 North Carolina Phone: 910-395-3900/FAX 910-350-2004/Internet.h2o.enr,state,nc.us An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally P. 1 * * * COMMUNICATION RESULT REPORT ( JUL.22.2004 3:11PM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 568 MEMORY TX , 8-7045961030 OK P. 1/1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION Aria NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley,Governor Division of Water Quality William G.Ross,Jr.,Secretary Alan W. Klimek,P.E.,Director FAX COVER SHEET Date: July 22, 2004 No. of Pages: 1 4g.-/ To: Gordon Titcomb From:Linda Lewis Company: Can-Am Development Water Quality Section -Stormwater FAX#: 704-596-1030 FAX#910-350-2004 Phone#910-395-3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree Subdivision MESSAGE: Dear Mr. Titcomb: i discussed your comments with Noelle this morning. She had a very unclear memory as to her requirements regarding the deed restrictions. She thought that the consultant had run the as-built pond design calculations again to demonstrate that, should all of the lots build more than 50% of their area, the increased runoff could be trAafM in fhra Erviefirrer P. 1 • * * * COMMUNICATION RESULT REPORT ( JUL.22.2004 3:37PM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 566 MEMORY TX 9-7045961030 E-3)3)3)3)3) P. 0/1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3l NO ANSWER E-4) NO FACSIMILE CONNECTION ArribA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G.Ross,Jr,,Secretary Alan W. Klimek,P.E., Director FAX COVER SHEET Date: July 22, 2004 No. of Pages; 1 4*/ To: Gordon Titcomb From:Linda Lewis Company: Can-Am Development Water Quality Section - Stormwater FAX#: 704-598.1030 FAX# 910-350-2004 Phone#910-395-3600 DWQ'Stormwater Project Number: SW8 881104 Project Name: Cedar Tree Subdivision MESSAGE: Dear Mr. Titcomb: I discussed your comments with Noelie this morning. She had a very unclear memory as to her requirements regarding the deed restrictions. She thought that the consultant had run the as-built pond design calculations again to demonstrate that, should all of the lots build gna of their sarpa thA increased runoff could be treated in the existing pond. I P. 1 * * * COMMUNICATION RESULT REPORT ( JUL.21.2004 11:17AM ) TTI NCDENR NIRO FILE MODE OPTION ADDRESS (GROUP' RESULT PAGE 525 MEMORY TX 5-9105757760 OK P. 1/1 1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION .4gRAmr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F, Easley,Governor William G. Ross,Jr.,Secretary Alan W. Klimek,PEE., Director FAX COVER SHEET Date; July 21, 2004 No, of Pages; 1 ,ga--*/ To: Chris Webster From:Linda Lewis Company: The Anderson Law Firm Water Quality Section -Stormwater FAX #: 910-575-7760 FAX#910-350-2004 Phone # 910495-3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree MESSAGE: Dear Mr. Webster: I'm sorry that I have not had a chance to return your call. For the next few months, I will no longer do State Stormwater-only Express Stormwater applications, but since I started this file, I will finish it. iZAiw r oMmIllaralk NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director FAX COVER SHEET Date: July 21, 2004 No. of Pages: 1 ",A11(a-/ To: Chris Webster From: Linda Lewis Company: The Anderson Law Firm Water Quality Section - Stormwater FAX#: 910-575-7760 FAX# 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree MESSAGE: Dear Mr. Webster: I'm sorry that I have not had a chance to return your call. For the next few months, I will no longer do State Stormwater-only Express Stormwater applications, but since I started this file, I will finish it. I do not normally review the language in the covenants, since that language was hopefully provided to the permittee. I have no problem with the language as proposed, however, all of the lots need to be restricted by this covenant, not just the lots that the corporation owns. Each lot owner has to sign the amended declaration in order for the amendment to apply to that lot now. RSS1arl: S:IWQS\STORMWATIADDINFO120041881104.ju104 Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 T��U1.1,e, Phone: 910-395-3900/FAX 910-350-2004/Internet:h2o.enr.state.nc.us 1�Ol hCa1'O.m a An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natiirreff, Facsimile Cover Sheet To: L1A Lv- .V Company: Fax: to - Is • 2O Phone: From: Gordon Titcomb Company: Can-Am Development Phone: (704) 597-9722 NC Toll Free: 1-800-273-1914 Fax: (704) 596-1030 Date: 1 4 Pages Including this cover page: Comments: L *JjP \4LL lop •LeAss.cikoroet 116 \IIDev. r GO owe t� 141'4 00*L. thivipeasforsidNin VAC vi isStiabico Vcthe 1M9Rbet b & lb MTV Cekhoe-Ateis ViercihakkeleIrchret SDI" Nt`22\ A Vighcl► toc-jvclitet6 tultc. *Rictive, Doeft1c4 ?4" wee.. lest, tc, kenket s ► 5• ilept Volum \milk %km* tochi . kliCt) HARD COPY TO FOLLOW IN THE MAIL? YES AZNO TO 30Vd 1SNO0 SWOOiIl 0E0T-965-00L E6:91 17661/60IZ0 tPLVOR.RED TAT TP€ 0 A0.1 FAX NO. :910 S?96G75 Aug. 19 2002 02:ali'M Pa • OCEA} SIDE CORPORATION 1q+gL rime lemmas s : W,i1y.119 IIN CALABASH • lA.BOX WO *504 :MIEMai CaLAWR,NOM CA A this miataltism mu m uu. LOCAL T WEN:WS)579•?73t ea.MAKE,a. cllreaN.w . N.C.11ObM01t I P TAV. MMIUt2R OUTS=NC 100.4041118 4ia3918 N•evember 2i, 1983 MI '. Mark Hawes • 9 C. Division of EavironMents Management ' :25 Wrightsville Avenue 1 W .1ringten, North Caroline 2E03 • S+otec Cedar Tree at. Ca'.abash • Stermwater Mann e!!,Cat i:iat+ tleotrtmsivo Coveeiint,e Limiting e8ul+t_Uponn Surfaeo: Brunswick County P 'sr 14r. Ysueaz 7r1e :c_Lcwing statement. will Oe included in,;:he Reatrictive Covenants t;,r Cedar tree at Cr..1 been Subdivision: "Flo more that 3,0CC equate fee: of any lot Shall be covered by structures and/or paved surfaces, including walkways or patio! of Dr_ck, stone, slate or similar materials. This covenant / is thterded to irsure continued compltanee with stor:%water runoff rules edopted.by..the State of forth Carolina and therefore ;tnvf is nay he en."orced by the State of ?orth Carolina." 71.10 rullowing will Ze atsted in tile dyed: "This (these) covenanas) is (are) to run=;uith .he land and shall be aimsing en ell per::es and all personsgiclairing under tneri.°` SIONATURt Signati:re Data ___gf ' J9 VERIFICATION :ar Pr+..^trot vane,) M. J. Me!...ado p;rsonally appear:lg be er� a ee and, being f irk duly svor,, says -that the i araation c:.:its_ ed in this application and in the exhibits attached r treto are true to the best ,of his/tier knowledge and belief. is tat daycf December 1982 'C Al F iG Lake 'sac strew, N.C. - Columbus County Address my cemnleslen cxaires 9cTOVtf 27. 1994 • ,r•en•nacrt►tRi 9•amoteawep.! etc Z0 39kid iSN.00 EWOOlIl 0E0I-965-00L EZ:9t b66Zf60/7ci RUG. B.22a3 10;264^1 NCDENR 6IIRO NO.G24 P.1 O4 Are* Michael F.Easley.Governor William G. Roes Jr. 8ecr.E�ry � North Carolira Department of Environment and Nebo&rtesorrussrca5 ctor G Alen Division ab�Quality Colson H $gNlns, uty DIrec brvision of stir Qualliy FAX COVER SHEET Date: August 8, 2003 No.of Pages: 3 To: Gordon Titcornb, President From:Linda Lewis Company: Can-Am Development Corp. Water Quality Section - Storrowater FAX#: 704-598.1030 FAX#910450-2004 Phone#910-995.3900 DWG Stormwater Project Number: SW9 881104 Project Name: Cedar Tree Subdivision • MESSAGE: Dear Mr. Titcomb: According to the December 16, 2002, letter from Noelle Lutheran to W.J. McLamb, a copy of the recorded deed restrictions was to be submitted along with the transfer of ownership form. Please send in a copy of the recorded deed restrictions in order to complete the transfer of the permit to Can-Am Development. Thank you for your cooperation, • RSS1arl: SAWQSISTORMWATIADDINFO120031861104.aug03 N.C.DMnsion of Water Quo* 127 Cardinal Di1v EYCV1slsn (010)305 Customer Sento W1Ii$n0�r1 Radiants OI►lce Wilmington.Nc.2540a (6'0)350-2004Fa* 1 B00 623.7746 E0 3OVd 1SNOD anon' 0E0T-969-ti0L CZ :9T b661/60/Z0 ;%11 07/21/2004 08:28 9105757760 ANDERSON LAW FIRM PAGE 01 is ■ -. ■ ■ 2fieAnderson Law Firm P.L. L.C. Attorneys and Counselors at Law Snallpne Office 111 Pine Street Mason H.Anderson—of Counsel a Bbe P.D.Box 2245 Richard J.Nallar 790 Sunset Blvd North Shatlone,NC 28459 Chris Webster Suite 4 Phone(910)734-6786 John Calvin Chandler Sunset Beach.NC 28468 Fax (910)754-7141 Phone(910)575.7757 Fax (910)57S-7760 Webstee: dndersonlaw.lawo ce.corn Reply to: Sunset Beach Office July 19,2004 VIA FAX AND FIRST CLASS MAIL FAX 910 350 2004 Ms. Linda Lewis N. C. Department of Environment And Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington,NC 28405 Re: Development: Cedar Tree Developer: /'� Ciui-Am Development Corporation,LLC Dear Ms. Lewis: PIease find attached a copy of my fax under date of June 22,2004. As I have not received a reply to my letter or been able to reach you by telephone on July 16 or July 19,2004, I am writing to determine if you have reviewed the Supplemental Declaration attached to my fax under June 22,2004. The Supplemental Declaration was drafted and will be recorded, if approved, in an attempt to complete the transfer of a Stormwater Permit covering Cedar Tree Subdivision. Please contact me at your earliest convenience or please provide the name of the person we need to contact to proceed with this matter. Thank you. Sincerely, Chris Webster CW/ph Enclosures The Anderson Law Firm, P.L.L.C. Attorneys and Counselors at Law Shallotte Office Mason H.Anderson—of Counsel Sunset Beach Office 111 Pine Street Richard J.Hollar 790 Sunset Blvd.North P.O.Box 2245 Chris Webster Suite 4 Shallotte,NC 28459 John Calvin Chandler Sunset Beach,NC 28468 Phone(910)754-6786 Phone(910)575-7757 Fax (910)754-7141 Fax (910)575-7760 Website: Andersonlaw.lawofce.com Reply to.• Sunset Beach Office June 22, 2004 J� 4- VIA FAX AND FIRST CLASS MAIL v ( l FAX 910 350 2004 • Ms. Linda Lewis ~ ZT � N. C. Department of Environment / / And Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington,NC 28405 Re: Cedar Tree Dear Ms. Lewis: This office is assisting Can-Am Development Corporation, LLC, with its attempt to comply with the requirements set forth in your fax under date of August 8, 2003. In regards to your fax,please find attached a copy of the Declaration prepared for recording at the Brunswick County Registry. The Declaration provides that, among other things, "no more than 3,000 square feet of any lot shall be covered by structures or paved surfaces . . ." On behalf of Can-Am, I would request that your office review the Declaration and confirm that it will be acceptable if properly executed and recorded by Can-Am Development Corporation, LLC. Also,please find attached a copy of the Deed from Ocean Side Corporation to Can-Am Development for the property comprising Cedar Tree Subdivision in Brunswick County,North Carolina. Ms. Linda Lewis -2- June 22, 2004 Please let me know if you have any questions or need any additional information to complete the transfer of the permit to Can-Am Development Corporation. Thank you. Sincerely, Chris Webster CW/ph Enclosures r STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK SUPPLEMENTAL DECLARATION COVERING LOTS IN CEDAR TREE SUBDIVISION-STOMWATER RUNOFF RULES WHEREAS, on or about the 22nd day of April 1998, Ocean Side Corporation (hereafter called the "Ocean Side") a North Carolina Corporation, executed as "Developer" the "Amended Consolidated Master Declaration and Development Plan for Cedar Tree" (hereafter called the "Amended Master Declaration" ) ; and WHEREAS, by and through the execution and recording of the Amended Master Declaration in Deed Book 926, Page 234-270 of the Brunswick County Registry, Ocean Side placed those certain covenants, conditions and restrictions embodied therein on the real property described therein; and WHEREAS, pursuant to the Assignment of Developers Rights recorded in Book 1460, Page 651 of the Brunswick County Registry, Ocean Side assigned all of its developer rights, privileges and obligations pertaining to Cedar Tree Subdivision to CAN-AM Development Corporation, LLC, a North Carolina limited liability 1 company (hereinafter called " CAN-AM" ; and WHEREAS, CAN-AM is also the owner of the property comprising Cedar Tree Subdivision, which consists of the lots located within the 21 . 7 acre parcel described in the Deed recorded in Book 1460, Page 648 of the Brunswick County Registry, less and except those lots previously conveyed therefrom by Ocean Side and CAN-AM; and WHEREAS, CAN-AM must comply with the stormwater runoff rules adopted by the State of North Carolina, and in order to insure compliance with said stormwater runoff rules, CAN-AM deems it necessary to further restrict its lots so as to provide : No more than 3 , 000 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone slate or similar materials . This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and persons claiming thereunder. NOW, THEREFORE, the CAN-AM, as successor to the Developer and the owner of several lots in Cedar Tree Subdivision, submits and subjects its lots in Cedar Tree Subdivision to the following additional covenant, condition and restriction: No more than 3 , 000 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone slate or similar materials . This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and persons claiming thereunder. 2 IN TESTIMONY WHEREOF, the party hereto has caused this instrument to be executed on the day and year first above written. CAN-AM Development Corporation, LLC By: By: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, , Notary Public of the County and State aforesaid, certify that Members/Managers of CAN-AM Development Corporation, LLC personally came before me this day and acknowledged that on behalf of CAN-AM Development Corporation, LLC, the due execution of the foregoing instrument and that they are authorized to sign on behalf of said company. WITNESS my hand and official seal, this day of 2004 . Notary Public My Commission Expires : 3 ©icgt n ni1©� UNOFFECZAIL V ?/Moog, Brunswick County--Register of Deeds Robert J. Robinson Inst 8197064 Book 1895Page 739 02/11/2004 03:45:47Im Red# TAB- U.f.C- It NORTH C4ROLINA NON-WARRANTY DEED Tax Lot No. - ';C ,�i Y!fu' o. Verified by thiguetwr?�nc r of 20 _ by `� '4 r-?(r' IS AUX CON Ella SPL 1 Mail after recording to P.O.Box 2283,Shallotte,NC 28459 (t' 0�(��) r ple.-)0 0 (s4) This instrument was prepared by Cox&MacCallum PLLC !� !:0 0 (p0) D T r `,' _ Lots 5-7,12-24,28,30,31,Wig�7►At3it1®EMI Ion j Cedar Tree Subdivision V\-© WITHOUT OP ON CN /6s ,(400 19e) THIS DEED made this,day of February,2004,by and between GRANTOR GRANTEE OCEAN SIDE CORPORATION *, AN-AM Develo.,;:,.•f 1 don,L.L.C.,a limited A corporation organized and existing r';+r ,rt: �, ,.' existing under the under the laws North Carolina of the state of -\ � ._ U/�o Carolina. ©� 4NOFFECZAEL �� r...a I. 6401 Orr Road Charlotte,NC 28213 Ester is appropriate block for each party:name,address,sad.if appropriate,character of eauty,e..,c rporadon or prtaetship. The designation Grantor and Grantee as used herein shall include said parties,their successors,and assigns, plural,masculine,feminine or neuter as required by context. andte shalclude singular, WITNPSSETH,that the Grantor,for a valuable consideration paid by the Grantee,th ,., , kh -acckknowled_ed,has and by thesepresents does bargain, convey simple, el o N" i(S`.`2:in the Cityof grant, sell and unto the Grantee in fee all�,�l� .(J�':� � Township,Brunswick County,North Carolina and more parties �(e' �s,d•.tvL follows: Being all of Lots 5,6,7,12,13,14,15,16,17,18,19,20,21,22,23,24,28,30,31,36,48,52, 54,55,56,58,59,60 and 61 Cedar Tree Subdivision as recorded in Map Cabinet T at Page 249-251,Bruns County Re a y � .o " ,'C ICI�aa The property c 71:=, in is thestanaproperty contained in the metes and bounds description of r • first p: Nr ct -,y1 at deed from Ocean Side Corporation to CAN-AM Development Corporation,LLC,whi t deed is of record in the office of the Brunswick County Registry in Deed Book 1460 at Page 648. The purpose of this deed is to convey said property by lot numbers in addidon to the metes and bounds description contained in the taii,t7-7- � giro- _, SPL AUX CON GR PCL SPL cat a�5 a: �' .` '4, : - 000 ,..(p) e� L. mg MAP MPSUF BLK *PIN ® INT ) 6 7/Jana, . 60 , . ,, N'�� 0. s5) N.0 Bar Assoc.Form No.7©1977 (..X 1500 (51o0 Printed by Agreement with the N.C.Bar Assoc.4l003 lN 4 4,6 (St) gg©Pr ad:WM=4X Brunswick County-Register of Deeds Robert J. Robinson Inst 4 Book 1895Page f 02/11/2004/2004 03:45:47pm Red/ Cr sz iselP4,-IVC(C� 4 NORTH C4AROLINA NON-WARRANTY DEED n Tax Lot No. 1 ;t,.,a, Wi0 . Verified by L �L1p t"c��x th t"t`of ,20_ by °L ,,Art, IENCIME211 GR PCL SPL Mail after recording to P.O.Box 2283,Shallotte,NC 28459 („ , .)00 (S4) This instrument was prepared by Cox&MacCallum PLLC f' MIMI Arl '5`!,.ft 0 64 Lots 5-7,12 za,28 30,31, +if>t2 4tm1"ti j[.� MIEN INT Deaptr�•�',i ' y-, Cedar Tree subdivision _ ri f g WITHOUT0' _II��l uI5 ,V 6'') p THIS DEED made this_day of February,2004,by and between GRANTOR GRANTEE ee OCEAN SIDE CORPORATION " r N-AM Develop 1, i N,,lion,L.L.C.,a limited A corporation organized and existing f"�;.i .4 L�;�,I', �.. existing under the under the laws of the state of ors'Carolina. North Carolina. '.' • Pad OMEN& 6401 Orr Road Charlotte,NC 28213 Eoter in appropriate block for each :naum address,and,if appropriate,character of entity,e.s.,corporation or putaamhip. The designation Grantor and Grantee as used herein shall include said parties,their haiieccessors,and assigns,and shal 'nclude singular, plural,masculine,feminine or neuter as required by context n 1-011 WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,th a Wh acknoowledJ:ed,has and by these presents does grant.bargain.sell and convey unto the Grantee in fee simple,all ,j gityz o 'r'„;'''8` '2:in the City of Township,Brunswick County,North Carolina and more particul %t_i l follows: Being all of Lots 5,6,7,12,13,14,15,16,17,18,19,20,21,22,23,24,28,30,31,36,48,52, 54,55,56,58,59,60 and 61 Cedar Tree Subdivision as recorded in Map Cabinet T at Page 249-251,Bruns County Re C..n Q� Ire The property , 7'1 Cm isthecsamaproperty contained in the metes and bounds description of • first par: 6_1<tifz at deed from Ocean Side Corporation to CAN-AM Development Corporation,LLC,whi deed is of record in the office of the Brunswick County Registry in Deed Book 1460 at Page 648. The purpose of this deed is to convey said property by lot numbers in addition to the metes and bounds description contained in the -.f '-_ dc?5 A ' do "Mal � � S PCL SPL TS CON PCL .�. j ufrior,r - � IJ mi� MPSUF BLK En INT a r I .0 0 ►'all. SIVI iiiwomizo,i60 il. ,-) �' ail ao ti� �" � s �3ob o. c5) N.C.Bar Assoc.Forte No.7 01977 aco 0 (5�) Printed byAgrtetnont with the N.C.Bar Assoc.ixl03 e2406 /5-9 P. 1 * * COMMUNICATION RESULT REPORT ( AUG. 8.2003 10:08AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 624 MEMORY TX 87045961030 OK P. 3/3 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 4 WAT Michael F. Easley,Governor William G. Ross Jr. Secretary North Carolina Department of Environment and Natural Resources Alan W,,k lmek P.E.,Director H p Nc Division of'water Quality Coleen .Sullins,Deputy Director Division of Water Quality FAX COVER SHEET Date: August 8, 2003 No. of Pages: 3 To: Gordon Titcomb, President From:Linda Lewis Company: Can-Am Development Corp. Water Quality Section - Stormwater FAX#: 704-596.1030 FAX#910-350.2004 Phone #910-395.3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree Subdivision MESSAGE: Dear Mr. Titcomb: According to the December 16, 2002, letter from Noelle Lutheran to W.J. McLamb, a copy of the recorded deed restrictions was to be submitted along with the transfer of ownership form. Please send in a copy of the recorded deed restrictions in order to complete the transfer of the permit to Can-Am Development. dF WA7 Michael F. Easley, Governor Q % William G. Ross Jr., Secretary > � p North Carolina Department of Environment and Natural Resources I Alan W. Klimek, P.E.,Director iri Coleen H Sullins,of rDirector Division of Water Quality FAX COVER SHEET Date: August 8, 2003 No. of Pages: 3 41...., To: Gordon Titcomb, President From: Linda Lewis Company: Can-Am Development Corp. Water Quality Section - Stormwater FAX#: 704-596-1030 FAX# 910-350-2004 Phone #910-395-3900 DWQ Stormwater Project Number: SW8 881104 Project Name: Cedar Tree Subdivision MESSAGE: Dear Mr. Titcomb: According to the December 16, 2002, letter from Noelle Lutheran to W.J. McLamb, a copy of the recorded deed restrictions was to be submitted along with the transfer of ownership form. Please send in a copy of the recorded deed restrictions in order to complete the transfer of the permit to Can-Am Development. Thank you for your cooperation. RSS\arl: S:1WQSISTORMWATIADDINFO120031881104.aug03 N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service . Wilmington Regional Office Wilmington, NC 28405 (910)350-2004 Fax 1 800 623-7748 U fq RECEIVED JUL 16 2002 BY:Al CRISER & TROUTMAN CO ULTING ENGINEERS POST OFFICE BOX 3727 13809 PEACHTREE AVENUE f WILMINGTON,NC 28406 (910) 397-2929 FAX (910) 397-2971 MEMORANDUM 5034 DATE: 08/16/2002 TO: Noelle Lutherine FROM: Don Butler SUBJECT: Cedar Tree- deed restriction Noelle, Attached is a copy of the PROPOSED deed restriction for the lots at Cedar Tree.The owner requests that it be reviewed and if you find any corrections or additions, please mark them on the attached and return it to the owner or us. If it is acceptable, the owner will get the deed restriction properly recorded. This is an effort to get the document acceptable the first time and not to have to get it amended after review. Thanks don 7•. _U y ..= >, o y 4] •U) a) .'-' b a) ai 3 .o y 'O b H U a� a Z O o O x a" L a0i O O, a) >' cn a) a) •o �. a • ° a� a) U p o v 8 ., -o c ° O a cis te) p ,.., "O" ¢' a) O ° a) cs a) O.. 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Oa > 0 ala `)0 C.) °• ° .oLO on ° ° o Y> • o O !1 >;b .� >, o •- �- O O a �► .oO es u " p >, pO ' (� Ou U ea L. o En 0 En x q °o.Ax }; oue � W " i • i'dC a " 4 UO o a) 0a) �i-i • to 0 • dy " Q ° ° �' w ° ' C ¢�O m WU tu o ° 7o . vi C.) < o O. a Z voa, N o 3 O `s o ° o � . o a .0 U) . a) o ._ 0 oO a • 3 �, C.) ca a) N30 a 0y . ° ` a `n d O • o O. Uwa . � N Q Q O O..T.., ` a) ) >, 'd t, _ c _ t a) c) -0O .o 0 " .4. cdOvp Wct .4 a, 2 0 ov " Oo u W E. - 0., -d • Ca E-' a, CO N oa O. HA ° co y ° m `�• Q. o y, csi ri Qy o a� zE , 0 i .O o aa) 'ii � n Cl) C.) A C., °4 � O C..) w u.t `}' C O O CO a .0›, o U o E 3 cn C ,O ,,,j O fa, VI 0 N O 0 - ;b G A • 0 0 p A O U O 2 ° s ° cti w SI a) R7 p a, p Q •a5 c OV 6U . •o 0n -y 0 � ':a 'dr a a 6b u. W p cd a �0C U O ^' cn c3 'L G y Ili a) y A 0 0 w p Y c) tN U. = O O U Pi tu Ci3 .II cd (zl Ncd O 0 O "0 G ' 9, O cd p U O c) N N W O A N pE.)W CZ ct cd A "b 'd Z A y Off _ -+• R 10 vib �' cs. c "� bZ• z .0 8 " lU E fxa zw a� 4, a2 ••, 3 0 o w � ^ � :b et v3 O tq � O ff-' 0 Q, 01 Q E, c U 0 A 0 = C4OU a) U ..0 a , 1 j ft i rtil C; State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson Jonathan B. Howes, Secretary Regional Manager July 26, 1993 CERTIFIED MAIL P 069 899 470 RETURN RECEIPT REOUESTED Mr. Mason H. Anderson, President Ocean Side Corporation Post Office Box 4640 Calabash, North Carolina 28459-4640 Subject: REQUEST FOR ENGINEER'S CERTIFICATION Stormwater Project No. 881104 Cedar Tree at Calabash Brunswick County Dear Mr. Anderson: On December 12, 1988, the Division of Environmental Management issued a Certification of Compliance with Stormwater Regulations for Cedar Tree at Calabash. Stormwater Regulation 15A NCAC 2H_1003(k)(3) stipulates the following: Upon completion of construction, a registered professional appropriate for the type of Stormwater system designed must certify that the system was inspected during construction and was constructed in substantial conformity with plans and specifications reviewed by the Division and complies with the requirements of this rule. As of this date, our records indicate the required engineer's certification has not been received. Prior requests for this Certificaion were made on May 5, 1991 and December 22, 1992. Operation of the stormwater system prior to submission of the required certification is in violation of NCAC 2H.1003(1) in accordance with NCGS 143-215.6. Since construction of the subject project has been completed, please submit the required certification (attached) immediately. Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. 127 Cardinal Drive Extension,Wilmington, N.C.28405-3845 •Telephone 919-395-3900• Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Anderson July 26, 1993 Stormwater Project No. 881104 If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (919) 395- 3900. Sincerely, �r Dave Adkins Water Quality Supervisor DA/arl: S:\WQS\STORMWAT\PEREQ\881104.JUL cc: Calabash Building Inspections Department Mr. Joseph Hill, P.E. (2) Linda Lewis Central Files t s. State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey,Jr., Secretary December 22, 1992 Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. Mason H. Anderson, President Ocean Side Corporation Post Office Box 4640 Calabash, North Carolina 28459-4640 Subject: Request for Professional Engineers Certification of Stormwater Compliance Stormwater Project No. 881104 Cedar Tree at Calabash Brunswick County Dear Mr. Anderson: On December 12, 1988, the Division of Environmental Management issued a Certification of Compliance with Stormwater Regulations for Cedar Tree at Calabash. Stormwater Regulation 15A NCAC 2H.1003(k)(3) stipulates the following: Upon completion of construction, a registered professional appropriate for the type of Stormwater system designed must certify that the system was inspected during construction and was constructed in substantial conformity with plans and specifications reviewed by the Division and complies with the requirements of this rule. As of this date, our records indicate the required engineer's certification has not been received. Operation of the stormwater system prior to submission of the required certification is in violation of NCAC 2H.1003(1) in accordance with NCGS 143-215.6. If construction of the subject project has not been completed, please provide written notification to this Office prior to January 11, 1993 which includes the present phase of construction and the expected date of construction completion. If the facility has been constructed and placed in operation, please submit the required certification (attached) immediately. Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. -continued- 127 Cardinal Drive Extension,Wilmington, N.C.28405-3845•Telephone 919-395-3900•Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Anderson December 22, 1992 Stormwater Project No.881104 Additionally, the following items were observed during a compliance inspection conducted by Regional Office Staff on December 21, 1992 and found to be in violation of the Certification: 1. The outlet structure was not constructed as designed. You must verify the elevations of the existing structures and provide calculations that the existing condition will meet the conditions of the Certification. If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (919) 395-3900. Sincerely, Dave Adkins Water Quality Supervisor DA/arl: 881104.DEC cc: Mr. Robert Tucker, Brunswick County Inspections (2) Linda Lewis Central Files .+•err a State of North Carolina Department of Environment; Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Regional Manager May 5, 1991 DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. Joseph S . Hill, Jr. , P.E. Joseph S . Hill, Jr. and Associates Post Office Box 5597 - Station 1 Wilmington, North Carolina 28403 Subject: Request for CERTIFICATE OF COMPLETION Engineered Stormwater System Stormwater Project No. 881104 Cedar Tree at Calabash Brunswick County Dear Mr. Hill : On December 12 , 1988, the Division of Environmental Management issued you a Certification of Compliance with Stormwater Regulations for the Cedar Tree at Calabash. Stormwater Regulation 15A NCAC 2H. 1003 (k) ( 3) stipulates the following: Upon completion of construction, a registered professional appropriate for Lhe type of Stormwater system designed must certify that the system was inspected during construction and was constructed in substantial conformity with plans and specifications reviewed by the division and complies with the requirements of this Rule. As of this date, our records indicate the required engineer' s certification has not been received. Operation of the stormwater system prior to submission of the required certification is in violation of NCAC 2H. 1003 ( 1) in accordance with NCGS 143-215 . 3 and is subject to enforcement action pursuant to NCGS 143-215 . 6 . If construction of the subject project has not been completed, please provide written notification to this office which includes the present phase of construction and the expected date of construction completion. Written notification is required to be provided by May 26 , 1991 . If the facility has been constructed and placed in operation, please submit the required certification (attached) immediately. Construction is considered "complete" at the time the project is occupied by an owner or tenant for its intended use. Continued 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 •Telephone 919-395-3900•Fax 919-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Hill May 5, 1991 Page Two If you have any questions concerning this matter, please call me at ( 919 ) 395-3900 . Sincerely, c . Ms . Alexis I .' Finn Environmental Engineer DA/aif : 881104 . PE cc : Alexis Finn Wilmington Regional Office Central Files