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HomeMy WebLinkAboutSW8011121_Historical File_20221229 �y'. spurt..s. . ROY COOPER1,5; Governor lts ELIZABETH S.BISER 1 -t'iiir,94',...i:4. j:'. '*eft Secretary ^' __ DOUGLAS R.ANSEL NORTH CAROLINA InterunD ector Environments/Quality December 290,2022 Lena Springs,LLC Attn:.Arthur Ricks,Manager 1612 Military Cutoff Road, Suite 200 Wilmington,NC 28403 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No.SW8011121 Lena Springs Subdivision Brunswick County Dear Mr.Ricks: Post-Construction Stormwater Management Permit SW8011121 for the subject project expired on August 291, 2022. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).North Carolina General Statutes and the Coastal.Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website:deq.nc.gov/SW Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post-Construction section of this website or at hops://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater!sto,-mwater-program/post- construction-2_ Also, it was noted in the file review that a designer's certification that the project was constructed in accordance with the approved plans as required by the permit has not been submitted.Please include this with your application. A review of the North Carolina Secretary of State corporation's database revealed that this corporation may have a new address and a new point of contact. Please submit a completed Permit Information Update Form to correct your contact information which is available on the website provided above under the"New Permits&Permit Modifications"section. If you have any questions regarding this matter,please contact Ashley Smith or Aisia Freeman in the Wilmington Regional Office either via email(ashleym.smith@nedenr.gov or aisia.freeran@ncdent.gov)or phone at(910) 796-7318. Sincerely, CA.0-- 4.. A Douglas R.Ansel,Interim Director Division of Energy,Mineral and Land.Resources DES/af. \\\Stormwater\Permits&Projects\200.1\01112I HD\2022 12 req_ren 011121 cc: Wilmington Regional Office Stormwater File otria''' '...."'"...1"--3 DENorth Carolina Department of Environmental.Quality I Division of Energy Mineral and Land Resources Ck Wilmington Regional Office 1127 Cardinal Drive Extension I Witiidngton,North Carolina 2840S 910.796.7215 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Lena Springs, LLC Information Sosld: 0802274 Status: Current-Active 0 Date Formed: 9/13/2005 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Otelsberg, Michael Addresses Mailing Principal Office 1612 Military Cutoff Road, Suite 200 1612 Military Cutoff Road, Suite 200 Wilmington, NC 28403-5742 Wilmington, NC 28403-5742 Reg Office Reg Mailing 1612 Military Cutoff Road, Suite 200 1612 Military Cutoff Road, Suite 200 Wilmington, NC 28403-5742 Wilmington, NC 28403-5742 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Manager Navassa Land and Development LLC Arthur Ricks 1612 Military Cutoff Road, Suite 200 1612 Military Cutoff Road, Suite 200 Wilmington NC 28403-5737 Wilmington NC 28403-5737 A7.7.A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 16, 2011 Art Ricks, Member- Manager Lena Springs, LLC 1630 Military Cutoff Road Suite 108 Wilmington, NC 28403 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION Lena Springs Subdivision Stormwater Project No. SW8 011121 Brunswick County Dear Mr. Ricks: On August 29, 2008, the Wilmington Regional Office issued a Stormwater Management Permit to you for Lena Springs Subdivision. Per Section 11.17 of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the amended recorded deed restrictions has not been received in this Office. A deed restriction was recorded on April 21, 2006 in DB 2375 at PG 727, however this document restricted each iot.to 2,800 square feet of built-upon area. The amount permitted for each of the 182 lots in the May 29, 2008 permit is 3,000 square feet. If you wish to revise the originally allocated 2,800 sf to 3,000 sf, you will need.to amend the covenants however it is not a permit violation to restrict the lot BUA to less than the permitted amount. The Designer's Certification has not been submitted, as required per Section 11.10 of the permit, and Stormwater Regulation 15A NCAC 2H.1008(j), which stipulates the following: "Upon completion of construction, the designer for the type of Stormwater system installed must certify that the system was inspected during construction, was constructed.in substantial conformity with plans and specifications approved by the Division and complies with the requirements of this Section prior to issuance of the certificate of occupancy." Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. As of this date, our records indicate the required designer's certification has not been received. Operation of the stormwater system prior to submission of the required certification, failure to submit the required Designer's Certification, failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots, are all violations of your permit, and subject to enforcement action. The Division would like to refresh your memory regarding your obligations under the permit. The permit allocates 3,000 square feet of built-upon area per lot, which you are responsible for over-seeing and maintaining. You, through the Architectural Control Committee, should be reviewing each proposed lot plan for compliance with the BUA limit. Once a lot plan is approved, you should conduct routine monitoring of the lots to ensure each lot owner is complying with the maximum BUA limit. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 1�TOne N Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 olthC arolina Internet www.ncwaterquality.org Nati,rally An Equal Opportunity l Affirmative Acton Employer fi • Mr. Ricks February 16, 2011 Regarding the need to transfer the permit to the HOA in the future, the Division would like to remind you that the transfer of the stormwater permit is NOT automatic upon the conveyance of the common areas to the HOA. In order to transfer the stormwater permit, the Name/Ownership Change form must be completed, signed and submitted, an inspection must be done, and certain other criteria must be met such as the financial ability of the HOA to take on the permit and the required maintenance, that a sufficient number of lots are sold, and that the president of the association is not affiliated with the permittee. The Division will be glad to further explain the transfer process to you at your convenience. Please submit the required Designer's Certification and a copy of the recorded deed restrictions, if they will be amended, to this Office at the address below by March 16, 2011, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. Please also be advised that a compliance inspection will be performed in the near future due to complaints that the system is not being maintained and there is some erosion that is not being repaired.Your permit requires you to perform routine maintenance of the permitted stormwater systems to achieve peak performance. If you have any questions, please do not hesitate to call me at (910) 796-7215. Sincerely, Linda Lewis Environmental Engineer III GDS/arl: S:1WQS1Stormwater\Permits& Projects1200111011121 HD12011 02 req_cert 011121 cc: Shane Lippard, P.E., Right Angle Engineering Travis Barnes, Town Planner for Navassa Brunswick County Inspections Wilmington Regional Office Stormwater File Page 2 of 2 Fc - Th 5 pea zap Lewis,Linda From: Lewis,Linda Sent: Tuesday, February 15, 2011 8:51 AM To: Cox, David Cc: Scott, Georgette Subject: FW: Lena Springs Inspection David: The Lena Springs Subdivision (SW8 011121) is in Navassa. The Town Manager passed on a complaint to me from the residents about erosion of the banks and a general lack of maintenance. I pulled the file and found a recorded deed restriction for 2800 sf per lot, which is less than the permitted amount of 3000 per lot. There are 2 permitted wet ponds, but no Designer's Certifications in the file. The corporate entity, Lena Springs, LLC, is a local company (1630 Military Cutoff Road Suite 108) and is still organized under the SOS, although they haven't submitted an annual report since 2009. They are not on the dissolved list, either. I've composed a letter requesting the DC's and explaining the need to maintain and the transfer process in general to get the ball rolling. If you could do the inspection for the erosion/maintenance issues and anything else you see (layout, #of lots, roads, drainage, overbuilding, etc.), then write up the inspection report to include a note about the discrepancy in the DR's (2800 vs. 3000) and the lack of the DC's for the ponds. I have the file in my office. Thanks, Linda Please note my new email address is Linda.Lewis@ncdenr.gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington,NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Monday, February 14, 2011 5:52 PM To: Travis Barnes' Subject: RE: Lena Springs Inspection Thanks Travis- I've forwarded to our inspector. Linda Please note my new email address is Linda.Lewis@ncdenr.gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 1 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Travis Barnes fmailto:tbarnesatownofnavassa.oral Sent: Monday, February 14, 7011 1i21 PM To: Lewis,Linda Subject: Lena Springs Inspection Linda, It was good seeing you today and I always appreciate your willingness to assist the Town of Navassa. I have received a few complaints regarding the stormwater ponds in the Lena Springs Subdivision here in Navassa and I would like to request that an inspection be performed. Specifically the complaints have been in regards to maintenance and erosion around the BMP. Please let me know if you need any additional information at this time. Thanks. Best Regards, Travis Barnes, MPA, LEED AP Town Planner 334 Main Street Navassa, NC 28451 910-371-2432 phone 910-371-0041 fax 2 North Carolina.Secretary of State Page 1 of 1 ..e.cr."..-fv4k North Carolina ` ; - DEPARTMENT OF THE q , Elaine F. Marshall "��� Secretary SECRETARY OF STATE ' rra,.,„„a !: -' PO Box 29622 Raleigh,NC 27626-1)622 (919)807-2000 Date:2/14/2011 Click here to: View Document Filings I Sign Up for E-Notifications ®J Pre-populated Annual Report Fillable PDF Form I File an Annual Report Corporation Names Name Name Type NC LENA SPRINGS, LLC LEGAL Limited Liability Company Information SOSID: 0802274 Status: Current-Active Effective Date: 9/13/2005 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: OTELSBERG, MICHAEL Office Address: 1630 MILITARY CUTOFF ROAD $(A(re. /0 g WILMINGTON NC 28403 Mailing Address: 1630 MILITARY CUTOFF ROAD WILMINGTON NC 28403 Principal Office Office Address: 1630 MILITARY CUTOFF ROAD WILMINGTON NC 28403 Mailing Address: 1630 MILITARY CUTOFF ROAD WILMINGTON NC 28403 Officers Title: MANAGER Name: Business Address: 1630 MILITARY CUTOFF ROAD WILMINGTON NC 28403 Title: MANAGER/MEMBER Name: ARTHUR RICKS Business Address: 1630 MILITARY CUTOFF ROAD WILMINGTON NC 28403 This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version: 2858 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7818465 2/14/2011 mmomomm C200911400796 SOSID:0802274 Date Filed:4/24/2009 7:40:00 AM LIMITED LIABILITY COMPANY (LLC) Elaine F.Marshall ANNUAL REPORT North Carolina Secretary of State C200911400796 NAME OF LIMITED LIABILITY COMPANY: LENA SPRINGS, LLC STATE OF FORMATION: NC _ FISCAL YEAR ENDING: 1 2/31/0 8 MONTH/DAY/YEAR SECRETARY OF STATE L.L.C.10 NUMBER: 0802274 It this is the first annual report filing,YOU MUST COMPLETE THE ENTIRE FORM.If your LLC's Information has not changed since the previous report,please check the box and complete line 7. 1. REGISTERED AGENT&REGISTERED OFFICE STREET ADDRESS-INCLUDE COUNTY:Must be a North Carolina address! Name: _ Address: 2. REGISTERED OFFICE MAILING ADDRESS IF DIFFERENT FROM THE STREET ADDRESS: 3. IF THE REGISTERED AGENT CHANGED,THE NEW AGENT MUST SIGN: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS AND TELEPHONE NUMBER HERE: Address: Telephone Number,Including area code 5. BRIEFLY DESCRIBE THE NATURE OF BUSINESS: 6. ENTER NAME,TITLE,AND BUSINESS ADDRESS OF MANAGER(S)/MEMBER(S)OR IF THE LLC HAS NEVER HAD MEMBERS,ITS ORGANIZERS:(ATTACH ADDITIONAL PAGES IF NECESSARY) NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- 7. CERTIFI ION OF NNUAL REPORT MUST BE COMPLETED BY ALL LIMBED LIABILITY COMPANIES. FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE �. Qt7 har IS i&ks 71Y MANAGER/MEMBER TYPE OR PR NAME TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State•Corporations Division•Post Office Box 29525•Raleigh,NC 27628-0525 Crk 1\9)15 .l0seFa 869231 02-12-09 SOSID:802274 Date Filed:9/13/2005 1:34:00 PM Elaine F.Marshall North Carolina Secretary of State ARTICLES OF ORGANIZATION C200525000050 OF LENA SPRINGS,LLC Pursuant to 57C-2-20 of the General Statutes of North Carolina,the undersigned Organizer hereby submits these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: LENA SPRINGS,LLC 2. If the limited liability company is to dissolve by a specific date,the latest date on which the limited liability company is to dissolve is(If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company): 3. The name and address of each person executing these articles of organization is as follows (State whether each person is executing these articles of organization in the capacity of a member,organizer or both): W.Talmage Jones,Organizer 101 South Third Street Wilmington,North Carolina 28401 4. The street address and county of the initial registered office of the limited liability company is 2104 Medeira Court,Wilmington,North Carolina,28405,located in New Hanover County,North Carolina. 5. The mailing if different from the street of the initial registered office is: same as above. 6. The name of the initial registered agent is: PETER M.DEVITA. 7. Principal office information: (Select either a or b) a. ®The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 2104 Medeira Court City,State,Zip Code Wilmington.NC.28405 County New Hanover The mailing address,if different from the street address,of the principal office of the corporation is: b. 0 The limited liability company does not have a principal office. 8. Check one of the following: X Member-managed LLC:all of the members by virtue of their status as members shall be managers of this limited liability company. Manager-managed LLC: except as provided by NCGS§57C3-20(a),the members of this limited liability company shall not be managers by virtue of their status as members. 9. These articles will be effective upon filing. a ` This the _ day of a.51T-Cmb - , 'ADDS, W almage Jones Or. I ntsharedPjbsyfonneLLOOpAgmtMemManased W iUhMicles&OrganiaWins.wpd ... • ,y.