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HomeMy WebLinkAboutSW8881104_Historical File_20100903 AT& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 3, 2010 Mr. Bill Grothe, President Cedar Tree Property Owners Association 84 Dogwood Court SW Calabash, NC 28467 Subject: Name Change/Ownership Change Cedar Tree Subdivision Stormwater Project No. SW8 881104 Brunswick County Dear Mr. Grothe: On June 25, 2010 the Wilmington Regional Office received a request to transfer ownership of the Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have inspected the project and received photo documentation on September 2, 2010 from the current permittee. It was determined that the documentation is in order, and the project is in compliance with the Stormwater permit requirements. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division.of Water Quality in the Wilmington Regional Office at the phone number below. Please note that when the President/Officer of the HOA changes, notification to this office of the new point of contact for the Cedar Tree Property Owners Association is required. Please be aware that the project's built-upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance . of the approved system shall be performed in accordance with the Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call Angela Hammers or me at (910) 796-7215. Sincerely, — Georgette Scott Stormwater Supervisor Division of Water Quality GDS\akh: S:IWQS\STORMWATER\PERM IT\881104.sepl 0 cc: Gordon Titcomb, Can-Am Development Corp. Delaney Aycock, Brunswick County Building Inspections WiRO; Angela Hammers; Central Files Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-7215 t FAX:910-350-20041 Customer Service:1-877-623-6748 N orthCarolhna. Internet:www.nrwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer �/ !� j 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 Bill Grothe & Cedar Tree Property Owners Association Cedar Tree Subdivision NCSR 1167 near US17 intersection, Calabash, Brunswick County FOR THE operation and maintenance of one wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (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 2 NCDENR Atir% North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW MIIOA 2. Project Name: �R T�� \ %:SOU 3. Current Permit Holder's 9 mpany Name/Organization: C110-=4N1 DE 4. Signing Official's Name: Li'Oret i)) DIGO ININ Title: E.S0 t� person ally responsib or rmit) 5. Mailing Address: (�( s�j111� c, Cecti City: M A k)1L.g. State: V C Zip: 2f c d3 6. Phone: (704 ) (c>'ZA" 3k10 Fax: ( '704) '�nI�' O1� 41.1)RJ)f) esC 4N F i-E t Z ts% (,tot O b, 'e II. PROPOSED PERMITTEE /OWNER/PR ECT/ADDRESS INFORMATION This request is for: (please check all that apply) Name change of the owner(Please compiete Items 1, 2 and 3 below) ❑ 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) ❑ Mailing address/phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: ems. TTe . F ( E Q1IUd C 2. Proposed permittee's signing official's name: 1�. Geo-14E 4 3. Proposed permittee's Title: Wee-itsat i 4. Mailing Address: P 4 , lAil.6011 COL) S City: aFt j+(iS `VI State: I , 0, Zip: '844419‘1) Phone: rri -59€_ \��p�,1 Fax: (q10) 5"P5- \ �� 5. of- arnAroz pt d oW permit: (.....A!-AS)tEN=k 1 "r e. Q.Aktmj t cm) Ple,3se check the appropriate box. The proposed permittee listed above is: Lr HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in#1 above and provide name of HOA(POA)president in#2 above). ❑ The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) u Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) RECEIVED SSW N/O Change Rev16Nov2008 Page 1 of 4 J U N 2'6 2010 OBY III REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office,which supports the named president,vice president, member, manager or General Partner. 6. The$40.00 processing fee. If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA,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: ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit. I, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company 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 and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. Check here if Current Owner is transferring(selling) the properly to a new owner and will not retain ownership of the permit I, G oe bO II i 1,T IWI I 3 „the cu rent owner, am submitting this application for a transfer of ownership for permit# ¶ , !t I hereby notify DWQ ofthe sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as-built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form,the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with e until such time as the Proposed Permittee signs this form and the Divi 'on approves it. Signature: 1-kr'`)--r_42:, . �„� ei't - -. . Date: kg, 11 r I 1 I, (1,4/4 GC" 0 .. L4,'16 , a Notary Public for the State of /1/0i277-i aig.0 c/A/4 , County of ,fiaS aii cat , do hereby certify that Gam ?/TComiB personally appeared before me this the I I day of 07.4 Mr , 20 /u , and acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, (Notary Seal) CAROLE W.LONG Notary Signature NOTARY PUBLIC SSW N/O Change Rev16Nov2009 Page 2 of 4 Brunswick County North caroling My Commission Expires 5--13 AA i3 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1, E I L L g Q 0ThE , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining,the permitted stormwater management system. I have examined the permit and the he permitted facility, and agree to assume to rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included,this application package will be returned as incomplete. I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as-built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that I will construct and/or ope ate and maintain the system per the requirements listed in the permit and in the Operation d to , ce agreement. Signature; 414�Y Date: 1 /(44170i70 1, exile (.4 C.rA/6 G , a Notary Public for the State of *MIN lrq/2.o -/i , County of icae , do hereby certify that C4kt r4h, ev,2 --# personally appeared before me this the 11 day of 6" , 20 /o , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, C�lasliNG Notary Signature Brunswick County North Carolina My Commission Expires 3'1 2017 Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, 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 properly owner, the property owner must complete and sign page 4 of this document. Both the lessee/developer and the property owner will appear on the permit as permittees. RECEIVED JUN 2'5 2010 SSW N/O Change Rev16Nov2009 Page 3 of 4 IBY: 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: -• Zip: Mailing Address: e (if 'ff- t s • ess)City: A Zip: Phone: \ W a, Email: , • I certify that I own the p •erty identified i his permit transfer document and have given permission to the Proposed Permittee listed in Section I and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. 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 that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. 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 Statue 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: 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 RECEIVED JUN 21 2010 SSW N/O Change Rev16Nov2009 Page 4 of 4 BY: STATE OE'NORTH CAROLINA +" COUNTY OF.BRUNSWICK (�J f This Instrument has been filed for Jr j� j> Registration on the Date,Time and In the l/ q.3 Boole and Pale Ammon llie First Page G 2010 hereof,and is being rendfor 8Y. your'Safekeefing. Robert J Ro oe,Register of-Deeds RET I � 3 TOTAL - .REV .TC#_ 38 REC# CK AMTSO CK# 3'4 STATE OF NORTH CAROLINA CASH REF .,B Y t3 COUNTY OF BRUNSWICK SUPPLEMENTAL DECLARATION OF COVERING LOTS IN CEDAR TREE SUBDIVISION-STORMWATER RUNOFF RULES WHEREAS, on or about 22nd 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, Cam-Am is also the owner of the property comprising Cedar Trec 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, 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. 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: a1 :"S A ! - ,Member/Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK This the day of Lla,Fi., , 20O(0c,personally appeared before me b C.c c.w tJ .ITt o ,who being duly sworn and personally known to me, says that he is a duly authorized member/manager of Can-Am Development 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.be the act and deed of said limited liability company herein stated. i&U",t2L-' -ZS Y)C-c---._ Notary Public P,.......,,o , .Sc -, r r S d iJo r q:• " ` '• .44 Stamp) Notary Public printed or typed name :' p'T A R Y. 41.' � � = My Commission Expires: Pua ,' g„_ t 0 Azprt,tFOaRED TAT THE BEACH FAX NO. :91a 5796675 Aug. 19 2002 02:01PM P4 ki4; OCEAN SIDE CORPORATION MNAt,CSTA1t DLrtLO}ERS HWY.179 IN CALABASH MASON N.ANotASOH rA.BOX 4h6 MUCK CA.LABASR,MIRTH CABOLINA 28459 TALI.RAMPI.00AL'PELEPRONE(sun579.3731 wJ.rd.AMM!x d R' GSNZIALF4JVAGES N.C.1.803422.8082 9SSP.reAJWIRBA.9LaRR OUTSIDE N.C. 1.10Q.44$-4818 N.,veabcr 22, 1988 M •. Mark HsweS 0 C. Division of Environmental Management Ti Wrightsvii1e Avenue W .lr7ington, North Carolina 2840 S,b+ect: Cedar Tree at. Ca'.abash 5.ormwater Management Flan fertriccivc Covenants Limiting 1Buil -Upoh" Surface. Brunswick County D :ar 4r. Hawes; Tne follewing statement will be included in the Restrictive Covenants "4r Cedar Tree at Calabash Subdivision: '°;)c more than 3.0CC square feet of any lot shall bt covered by structure* andior paved s::rraces, inc-'ding walkways or patios, of prick, stone, slate or similar materials. This covenant is thterded tc insure continued compliance with stortnwater runoff rules adopted by the State of tlorth Carolina and therefore tentfits may be enforced by the State of North Carolina." following will to stated in the deed: "This (these) covenaitz(s) is (are; to run with the land and atpall 5e .rolling on a_1 parties and all persons claiming under t„eta." SICNATI:RE • SiSnatLre Date VERIFICATION t :yvrd :.;r Prlrted iartr.) V. J. Met.ame prrscnai=Y appearing before ne and, beinj first duly sworn, says th .t the i is ormati-:n container* in this application. and in the exhibit:, attached rsreto are true to tnr best or ris/ner Knowledge and bier. Ttis 1st day cf Detembrr t9rr OTArRY °' IC Ls;cr W,.ccart.aw, N.C. - Columbus County A cress ,Assoc. My ec nl3sion expires CCTOSEf 27. 19 ,rem.Mar tntRl yaneRaWOH W1C • �!��•� _ ,r? r 'x. --; ass c:;' Ai...'44 r r .2 `.;;: 1 -' _ ' ram, or s t `.6•.,' }r..Wit . I .. ..,._ � '_ • , , - • - • i' ^r-R;-ma's r )-a. Wig,; — — • • • Ay • . • L ,. I • ilft E , 7 ' ;tit.egi,a .— • ",y: •,. ', r_. )1 . . ,. v,r • fit ,;' tit'. v • '••, e .`-.i � i 7*�_�+ fit. rYv•-� N � -,#'�. _ .. . AD CAN-AM DEVELOPMENT CORP. Ei016 HYILLE NORTH CARO@IN GROVE CHURCH 0281t3 MAR CtLaRilkEE -h 1 . C TL T \ \) 6 uul: t CAN-AM DEVELOPMENT CORPORATION, L.L.C. 6016 AUSTIN GROVE CHURCH ROAD MARSHVILLE, NORTH CAROLINA 28103 PHONE: 704-624-3410 FAX: 704-624-0197 ., MEMO DATE: 80) C3 IC) TO: Rt9VA,.P1 FROM: CPCV.DIF.„. C 1TC,C>r n T\fgack- -vE tE U NO VW\ iNtfCU A:7A NCDETIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 10, 2010 Mr. Gordon Titcomb, President CAN-AM Development Corporation 6016 Austin Grove Church Rd. Marshville, NC 28103 Subject: Request for Additional Information Stormwater Permit No. SW8 881104 Cedar Tree Subdivision Brunswick County Dear Mr. Titcomb: The Wilmington Regional Office received a Stormwater Management Permit Transfer of Ownership Application for Cedar Tree Subdivision on June 25, 2010. A preliminary review of that information has determined that the application is not complete. Only the following information is needed to continue the stormwater review: ® Name/Ownership Change Fee. The requested transfer of ownership is the second request r this thuw subject to th. $ 0 0A fee. for project and thus, the .p•►v.w ilrVGC�sIf l� fee. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to September 10, 2010. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. Please reference the State assigned project number on all correspondence. Additionally, based on a preliminary site visit on August 5, 2010, I could not see the backflow preventer flap installed on the modified outlet structure pipe at the canal. Please verify the outlet structure of the detention pond are present and functioning according to the approved plan (dated February 15, 2008) prior to the compliance inspection required for the transfer of ownership request. You should be aware that failure to provide the requested information and the operation of a stormwater treatment facility without a valid permit are violations of NC General Statute 143- 215-1 and may result in appropriate enforcement action including the assessment of civil penalties. If you have any questions concerning this matter please contact me at angela.hammers@ncdenr.gov or(910) 796-7317. Sincerely, Angela Hammers Environmental Specialist GDS/akh: S:\WQS\STORMWATER\RENEWALS\ADDINFO\2O1O\8811O4.aug1O cc: WiRO ; Angela Hammers Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350 2004;Customer Service:1-87 7-623-6748 North Carolina Internet www.newaterquality.org Naturally An Eaual O000rtuniiv 1 Affirmative Action Employer Compliance Inspection Report Permit: SW8881104 Effective: 02/15/08 Expiration: 02/15/18 Owner: Can Am Development Corporation Project: Cedar Tree Subdivision County: Brunswick Off Hwy 17 Region: Wilmington Calabash NC 28467 Contact Person: Gordon Titcomb Title: Phone:704-597-9722 Directions to Project: Type of Project: State Stormwater-HD-Detention Pond Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 08/05/2010 Entry Time: 12:00 PM Exit Time: 12:45 PM Primary Inspector: Angela K Hammers Phone:919-796-7215 Ext.7317 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: 0 Compliant ❑Not Compliant Question Areas: State Stormwater (See attachment summary) Page: 1 Permit:SW8881104 Owner-Project:Can Am Development Corporation Inspection Date:08/05/2010 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: No deficiencies were observed during this inspection. To proceed with the transfer of ownership,the transfer processing fee should be submitted to this office. (Currently$40.00). File Review Yes No NA NE Is the permit active? U ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? . 000 Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ❑ upon request? Comment: Page: 2 Cedar Tree Property Owners Association Gordon Titcomb-President Kevin Novel-Vice-President Carl Schwarz-Secretary/Treasurer 6016 Austin Grove Church Road, Marshville, NC 28103 CEDAR TREE PROPERTY OWNERS ASSOCIATION CORPORATE RESOLUTION September 9, 2009 This corporate resolution confirms turnover control of the Cedar Tree Development from Can-Am Development Corp. LLC. to the Cedar Tree Property Owners Association. A turnover meeting of all parties was held on July 11th, 2009, a copy of the minutes hereby attached to this resolution. New officers were duely elected to the board as reflected in the minutes. From this date of turnover 7/11/09 and until a newly elected Board of Directors is seated, the following individuals are approved for legal signatures (including but not limited to bank accounts) and henceforth may make corporate decisions on behalf of the Cedar Tree property owners association. William `Bill" Grothe as President, Gordon N.Titcomb as Vice-President and Carl Schwarz as Secretary/Treasurer. Can-Am Dev. Corp.LLC. Cedar Tree P.O.A. • :. ember/manager ' President 5t°' 4.4,e member/manager Vice-President /Treasurer RECEID 5.. zolo CAN-AM DEVELOPMENT CORPORATION, L.L.C. 6016 Austin Grove Church Road • Marshville, NC • 28103 Phone: (704) 624-3410 • Fax: (704) 624 0197 Construction • Development President: Gordon N. Titcomb Vice President: Kevin P. Kovel 10 °C June 22,2010 U To Whom It May Concern: I am submitting this permit change form with the knowledge that I will be out of my office on vacation to my summer home from approximately July 13th,2010 through August 22nd, 2010. Please contact me prior to or after these dates if you have any further questions. Vice President Kevin Kovel may be of some assistance but I manage the operations of this development. If required Kevin can be reached at phone number(704)597-9722. Sincerely, Gordon N. Titcomb RECEIVED JUN 2 5 2010 BY: Dfi�k ~e _1 I.\ NORTH CAROLINA tl ' _,1_,,,) 0 :r = Department of The Secretary of State ti ne.rnsd To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of DESIGNATION OF PRINCIPAL OFFICE ADDRESS OF CEDAR TREE PROPERTY OWNERS ASSOCIATION, INC. the original of which was filed in this office on the 24th day of April, 2009. 4k: '14/, 447% 4,9 f IN WITNESS WHEREOF, I have hereunto ; ' set my hand and affixed my official seal at the c City of Raleigh,this 24th day of April, 2009 .sitli_ ..1740 •. -r) -° ...t:gi V ,... OP .' ,0 , mi.. *tveze `` _- 'yam Secretary of State Document Id: C;200910301178 SOSID:0248752 Date Filed:4/24/2009 12:31:00 PM State of North Carolina Elaine F.Marshall Department of the Secretary of State North Carolina Secretary of State C200910301178 NONPROFIT CORPORATION'S DESIGNATION OF PRINCIPAL 1 Pursuant to§55A-16-23(a)of the General Statutes of North Carolina,the undersigned nonprofit corporation does hereby submit the following for the purpose of designating its principal office address. 1. The name of the corporation is: CALI Az TgE.E. R'opEON OVilugaS RS50c IltTofu t. 2. (Check only if applicable.) ✓ The street address of the principal office is not currently on file with the Secretary of State. 3. (Check only if applicable.) / The mailing address of the principal office is not currently on file with the Secretary of State. 4. The street address and county of the designated principal office of the corporation is: Number and Street (p01 l,p Absri►.) g O\J s CI-bIzCg <L>ofk5 City,State,Zip Code: MA�s J ate t3.Ci , 281o?S County: Utoloo 5. The mailing address if different from the street address of the designated principal office is: This designation will be effective upon filing,unless a later date and/or time is specified: C M Nu8tsksoGAri oo - N e ofCmporation Signature 6V—N3N) M. T tf coMP te4)i) Type or Print Name and Title NOTES: 1. Filing fee is$5. This designation and one exact or conformed copy of it must be filed with the Secretary of State. (Revised January 2000) (Form N-1 1) CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622 I r �� 4,� , NORTH CAROL*NA fiX � . i'i- : ° : Department of The yof State `' - p Secretary To all whom these presents shall come, Greetings: I, ELAINE F. IVIARSHALL, Secretary of State of the State of No Carolina, do hereby certify the following and hereto attached to be a true copy of CHANGE OF REGISTERED OFFICE AND/OR REGISTER40 AGENT OF CEDAR TREE PROPERTY OWNERS ASSOCIATION, 'NC. the original of which was filed in this office on the 27th day of A • ril, 2009. RECEIVED JUN 2'5 2010 BY: I i �f \ IN WITNESS WHEREOF,I have hereunto ,i , _dry set my hand and affixed my officirl seal at the ti It City of Raleigh,this 27th day of 4pril, 2009 q .r : l iAL' 0771‘441-'Lela- `,: i..:41.ftin...fro.sct*?,= Secretary of State i i Document Id: C200910301175 I 1 E SOSID:0248752 Date Filed:4/27/2009 3:18:00 PM Elaine F.Marshall North Carolina Secretary of State C200910301175 STATE OF NORTH CAROLI$A DEPARTMENT OF THE SECRETARY 0 STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGfENT Pursuant to §55D•31 of the General Statutes of North Carolina, the undersigned a ty submits the following for the purpose of changing its registered office and/or registered agent in the State of North Carolina. INFORMATION CURRENTLY ON 1L I The name of the entity is: Cafellas cKa7 �QV�1 tam +J A31411J �C+ 11 Entity Type:°Corporation,°Foreign Corporation, fanpmfit Corporation,°Foreign N nprofit Corporation, OLimited Liability Company.OForeign Limited Liability Company°Limited�Partnership,°Foreign Limited Partnership, °Limited Liability Partnership,°Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on file is: Number and Street: I `1p1,1,a�. � y (�,.�� City,State,Zip Code: ' �r�.L on— uCi 2 J 1 sty: BP-LW SIA)I Threg:• ii.,,ssigifferetgrfoisthes itr of d o Err ne =y J _ The names of the current registered agent is: 1/4 PINLSON 4 AV.3 +gI oiJ ' 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 office is being changed) Number and Street: 690 t( A oS(t C ?o e. VC!D sod:. �p 4 City,State,Zip Code: / Arz4 )M.E... )C. L�t1yy���tO?County:-UM ON 2. The mailing address Ur d4erent from the street address of the new registered office is: (complete this item only if the address of the registered office is being changed) 3. The name of the new registered agent and the new agent's consent to appointment appears below: (complete this item only if the name of the registered agent is being ch" [?014°0 T)Tcc n . , . - Ottrobeir, Type or Print Name of New Agent •Signature&Title 4. The address of the entity's registered office and the address of the business office of its registered agent,as will be identical. 5. This statement will be effective upon filing,unless a date and/or time is specified: This is the P day of Ape)L .20 0 r'r!I1.'% :•G?�. ti moo lioC,. N, AptekbA) 41r* z itre C.il P�.tg Ci O M Type or Print Name and : tie Notes: Flores fee ts S5.a0. This doessteat mutt be died with the Secretary of State. CORPORATIONS DMSION P.O.BOX 29622 RALEIGI f,NC 27626-0622 Revised January 2002 Form SE-06 f'd £908LiB616T:Ot !WOad dTO:£0 6002-LZ-Zidki ?OA T, PAVIE % CEDAR TREE PROPERTY OWNERS ASSOCIATION A meeting of the Cedar Tree Property Owners Association was held on Saturday,July 11, 2009, in the Clubhouse located in the Cedar Tree Sub-Division. President Titcomb called the meeting to order at 1:00 p.m. Also present was Vice President, Kevin Kovel, Secretary-Treasurer,Carl Schwarz,and members of the Cedar Tree Property Owners Association listed on the Attendance Sheet,a copy of which is attached to the original minutes. Mr.Titcomb welcomed everyone to the meeting and announced that refreshments are available. An Agenda outlining the topics to be discussed,a Financial Report for the year 2008 and an update of the Cedar Tree Resident Address List was distributed to the members present. He also stated that notices for the meeting were sent in.a timely manner and in compliance with regulations. Mr.Titcomb then introduced the Board of the Cedar Tree Property Owners Association as follows: Gordon Titcomb,President,Kevin Kovel,Vice President and Carl Schwarz, Secretary/Treasurer. .� President Titcomb stated that toward the end of the meeting he will hold a discussion session. . :C n c z PRESIDENT'S REPORT: t•? trj cn • The Association dues,including the Road Assessments,are being received in a satisfactory c C manner. He advised that when we receive additional Road Assessment fiords we will deposit o trj these funds into an Escrow Account until it is needed. Harold Brown questioned if there were any provisions made for applying a surcharge to any homes being built after the roads have been repaired. Gordie advised that a$1,500 P.O.A.road repair surcharge has been put in place for some time now for each new home being built and Can-Am will pay this fee on their lots.He further stated that with the 1 %:"asphalt topping the road life will be extended significantly.Harold Brown also questioned whether the DOT would ever take over the paving of our roads. Gordie advised that inasmuch as we are a private sub-division,the DOT would not take over our road repair,and according to problems we heard Carolina Shores had in the past,it would be unlikely that they would be interested in repairing our roads, even if they were to annex Cedar Tree. • He was pleased to report that homes are being well kept. The weeding and the collection of trash contribute favorably to the Sub-Division. There have been no construction vehicles for the second year in a row;just primarily maintenance and delivery vehicles,as new home sales are still down. He announced that fortunately we recently sold a home on Lot#14; however,at this time we cannot build homes and sell them at a profit with the costs involved due to the downturn of the real estate market. He advised that the new owners are Anthony &Carol Elias,who plan to move here permanently in September or October. • Gordie asked all residents to abide by the rules and to remind their guests of the following: Keep the clubhouse clean;Turn off all fans and lights;Reposition all furniture around the pool and close all umbrellas;Recyclabies to go in the trash;i niidren are not allowed in the 1 • 1- clubhouse unattended;Drinks must be placed in sealed containers with your name on it when placed in the refrigerator, Surf Boards are not permitted in the pool. He advised that a new sign has been ordered which will include"No Surf Boards in the Pool". If you see anyone trespassing in the Sub Division,do not approach them,call someone on the Board or call #911;if you see any stranger using the facilities,all residents have the right to politely challenge them and find out if they are guests of anyone;all complaints received will be addressed. • Gordie then discussed the maintenance completed in the Sub-Division. He advised that the PVC fence has been hand washed;the deck has been power washed;and the patio furniture has been washed twice. Grace Minerva stated that the wood behind the grill and cabinet is rotting and should be replaced. Gordie has Sean lined up to perform this work. In addition, some screening has been replaced,wallpaper repair and trim paint was done in the bath rooms,interior portions of the clubhouse were painted,the outside of the clubhouse was power washed,and the metal tables and chairs outside were repainted. He advised that the screen doors have been cut again and he has repaired them. Grace Minerva stated that there is a separation in the deep end of the pool around the tile. Gordie stated that he will look into this further. He also stated that he will arrange to have the PVC fence around the pond area strengthened. Some of the pool signs have been replaced;the clubhouse has been treated for pest control on a quarterly basis;the leak in the outside shower has been corrected;we have sprayed for snakes in the clubhouse and pool area; 10 bags of marble rocks have been installed around the pool area;the carpet in the clubhouse has been shampooed;a new indoor/outdoor carpet has been installed on the deck;two new chaise lounge chairs were purchased;the clubhouse is being cleaned on a regular basis;we sprayed for fire ants in the common areas;fertilizer is being put on the shrubs in the common areas;planted flowers in the spring and fall in the entrance way and around the clubhouse;the 3 pumps were winterized and de-winterized;we had to install a new irrigation control box for the main pump;he replaced some bare spots in the entranceway with pallets of sod;and the pond was treated with donuts to help with mosquitoes. He advised that the County should be coining to spray our roads for mosquitoes during the summer months. We have added more treatments to the pond to control the algae;the lawn maintenance of the common lots and the pond area has been transferred to Buddy Hines which will be mowed once a month as required until probably October. The road repair will begin once we see the price of asphalt decrease. He emphasized that the repairs will be done on an as needed basis and advised that the exhibit shown at the May 23"1 meeting was just a basic plan to follow as a guideline and could be subject to change. • Gordie asked all residents to enclose their check for dues and/or assessments in an envelope when putting it in the"Drop Box"at the clubhouse,as there are times that moisture has gotten into the box,making the contents wet.He also asked residents to complete the payment stub and indicate what the payment is for. At this time the meeting was temporarily recessed for refreshments and resumed in 15 minutes. FINANCIAL REPORT The members then reviewed the Financial Report,which was previously distributed,covering the year end 2008,a copy of which is attached to the original minutes. 2 A discussion ensued regarding the details of certain categories noted on the financial report i.e. replacement items;telephone expense;bookkeeping expense,etc. After discussion,it was decided that any changes to be made will be the decision of the new Board. ELEC YY 10N OF Il r E P.O.A.BOARD At this time Vote Forms were distributed and each property owner was asked to cast their vote for President,Secretary/Treasurer,Director,and Alternate Director. Gordie advised that in view of Can-Am's interest in Cedar Tree,and in accordance with the Master Declaration,Can-Am appointed him as Vice President of the Board. After the votes were collected and counted with witness,the following members were elected to the Cedar Tree P.O.A.Board: President Bill(Bubba)Grothe Vice President Gordie Titcomb(appointed by Can-Am) Secretary/Treasurer Carl Schwarz Director Art Paige Alternate Director Tom Hough Gordie advised that the new Board is effective immediately. The completed vote forms are attached to the original minutes. Gordie congratulated the newly elected Board Members and thanked all members for coming to the meeting. He announced that in accordance with the By-laws,the next P.O.A. meeting will be scheduled in about 90 days.In the meantime,all POA Members will be notified of the new P.O.A.Board Members. As there was no further business,the meeting was adjourned at 2:45 p.m. 6 Respectfully sub 'tted, 4(7{,,,, 2 .&C-S1".3 6.1 Carl W. Schwarz Gordon Titcomb Secretary/Treasurer President cia .„:"...r iC Kovel Vice President 3 The.f nierson Law Firm, 1 L.L.C. Attorneys and Counselors at Law Shallotte Office Mason H.Anderson—Retired Sunset Beach Office 111 Pine Street Richard J. Hollar 790 Sunset Blvd.North P.O.Box 2245 Chris Webster Suite 4 Shallotte,NC 28459 Sunset Beach,NC 28468 Phone(910)754-6786 Phone(910)575-7757 Fax (910)754-7141 Fax (910)575-7760 Reply to: Sunset Beach Office March 26, 2010 Mr. Gordie Titcomb Can-Am Development Corporation, LLC 6016 Austin Grove Church Rd. Marshville,NC 28103 Re: Common Areas, Streets and Easements, Cedar Tree Subdivision, Brunswick County,North Carolina Dear Gordie: I am pleased to enclose a copy of the Warranty Deed for the above-referenced property which was transferred from Can-Am Development Corporation, LLC to Cedar Tree Property Owners Association, Inc. The Warranty Deed is recorded in Book 3030 at Page 741 in the office of the Register of Deeds of Brunswick County in. Please contact me if you have any questions concerning this transaction or if I may be of service in the future. Sincerely, Chris Webster Attorney at Law CW/sr Enclosure Iy 42 7/0 1111111111111111111111111111111111 Bea �417 -'0ee Brunswick County, NC Register of Deeds page 1 of 2 ,;31 "I Rot&CL) Thy f.., Ck$ +... .__._'" '/ Ga;,'r$ , • ' _ Finance ❑Parnr�mc[cur.e _...,u•:mcondaen Ai or fmcu;:Jr,;7 , • d r;o-tginab ..u.,x3d orClpled..4\ Revenue Stamps:$0.00 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED,made this IC01' day of March,2010,by and between GRANTOR GRANTEE CAN-AM DEVELOPMENT CEDAR TREE PROPERTY OWNERS CORPORATION,LLC, a North Carolina ASSOCIATION,INC.,a North Carolina Limited Liability Company Non-Profit Corporation 6401 Orr Road 84 Dogwood Court SW Charlotte,NC 28213 Calabash,NC 28467 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors.and assigns,and shall include singul.r,plural,masculine,feminine or neuter as required by context. WITNESSETH: • The Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,subject to the reservations and restrictions hereinafter stated,all that certain lot or parcel of land situated in Sharotte Township,Brunswick County;North Carolina,and more particularly described as follows: TRACT ONE: Being all of tract identified as"Future Club House Area"on the survey plat prepared by James R.Tompkins,RLS,dated January 3,1999,a copy of which is duly recorded in Map Cabinet Tat Pages 249 through 251 of the Brunswick County Registry and incorporated herein by reference. This tract is also identified and known as Brunswick County Tax Parcel No.225MA065. TRACT TWO: Being all of the streets lying within Cedar Tree Subdivision as shown on the survey recorded in Map Cabinet Tat Pages 249-251 of the Brunswick County Registry,including Sea Breeze Lane,Cedar Tree Lane,Holly Court and Dogwood Court. TRACT THREE: Being all of grantor's right,title and interest in the"8'Drainage Easement"crossing over a portion of Lots.14,15,26,27,34,35,45,46,49 and 50 of Cedar Tree Subdivision as shown on the survey plat recorded in Map Cabinet Tat Pages 249-251 of the Brunswick County Registry. For back reference see Book 1460,Page 648 of the Brunswick County Registry. This conveyance is made subject to the following conditions,restrictions and exceptions: 1. The above-described property is and shall be held as"Common Area and Facilities"as described in the Amended Consolidated Declaration and Development Plan for Cedar Tree Prepared By:The Anderson Law Firm,PLLC(SSB),Without Opinion on Title IIIINIIIlplii111111111111111111 B3 P0742 of Deeds page zpf32� Subdivision recorded in Book 926,Page 234 of the Brunswick County Registry,as amended,for the uses and purposes and subject to the conditions,covenants,restrictions, easements and reservations set forth therein. 2. This conveyance is made subject to the easements,rights-of way,and restrictions of record,including but not limited to the Amended Consolidated Master Declaration recorded in Book 926,Page 234 of the Brunswick County Registry and the Supplemental Declaration recorded in Book 2322,Page 510 of the Brunswick County Registry. 3. Grantee,by acceptance of this deed,assumes all rights,duties and obligations imposed upon it under the Amended Consolidated Master Declaration for Cedar Tree Subdivision recorded in Book 926,Page 234 of the Brunswick County Registry,concerning the use, maintenance and repair of the"Common Areas and Facilities"or by law. The property conveyed hereby does not include the primary residence of the Grantor. Pursuant to NCGS Section 105-317.2,the mailing address of the Grantor and Grantee are listed above. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple,subject to the reservations and restrictions set out herein. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,except for the exceptions herein stated. Title to the property hereinabove described is subject to the restrictions and easements of record,applicable zoning and land use laws,ordinances and regulations and 2010 ad valorem taxes. IN TESTIMONY WHEREOF,the Grantor has caused this instrument to be signed in its company name by it's duly authorized agent the day and year first above written. CAN-AM DEVELOPMENT CORPORATION,LLC ,(!S.0.-u:kek,3 \. (Seal) Gordon Titcomb,Member/Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK This the IC0 day of March,in the year 2010,personally appeared before me Gordon Titcomb, Member/Manager of Can-Am Development Corporation,LLC,a North Carolina Limited Liability Company,who being duly sworn and personally known to me or I have seen satisfactory evidence of above named person by state or federal photograph identification( ),says that he is duly authorized member of said Can-Am Development Corporation,LLC,a'North Carolina Limited Liability Company and that he signed the foregoing instrument on behalf of said company,and that he, acknowledged the said writing to be the act and deed of said company heherein 6stated. ,t40..tooveatW.6i!p'''a, 92?-/ PublicQ" r Apo I = Notary Public printed or typed name g0 d l S .0 .Z ti j°Cr i..✓ My commission expires:GI��„+age 28 lb Cedar Tree Property Owners Association Gordon Titcomb-President Kevin Kovel- Vice-President Carl Schwarz-Secretary/Treasurer 6016 Austin Grove Church Road, Marshville, NC 28103 September 9, 2009 Dear Property Owner, I am writing this letter, as a late follow-up to the annual POA and turnover meeting held at the Cedar Tree clubhouse on July 11 , 2009. Along with yearly agenda discussed, vote forms were circulated and the new POA board was elected. Effective that date the property owners assumed control of the association through a transfer from Can-Am Development Corp. The new Board of Directors are: Bill "Bubba"Grothe Jr.—President Gordon N. Titcomb—Vice_President(Can-Am appointee) Carl Schwarz—Secretary/Treasurer Art Paige—Director Tom Hough--Alternative Director We congratulate these new officers and extend our full co-operation during this transitionary period. Kindly in the future,please direct all P.O.A. issues to: Mr. Bill Grothe 55 Cedar Tree Lane, SW Calabash,NC 28467 Phone: 910-575-1247 Dues payments continue being paid to: Carl Schwarz 84 Dogwood Court Calabash,NC 28467 In closing, I would like to thank all P.O.A. members for their co-operation in the past and we look forward to working with the new board. Sincerely, I Gordon N. Titcomb President �' /O