HomeMy WebLinkAboutSW8011121_Historical File_20221229 �y'. spurt..s. .
ROY COOPER1,5;
Governor lts
ELIZABETH S.BISER 1 -t'iiir,94',...i:4. j:'.
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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
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DENorth Carolina Department of Environmental.Quality I Division of Energy Mineral and Land Resources
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Wilmington Regional Office 1127 Cardinal Drive Extension I Witiidngton,North Carolina 2840S
910.796.7215
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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®ISTERED 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
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