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HomeMy WebLinkAboutSW8930803_Historical File_20070622 r<'�NAT ` G' ti•FOG Michael F.Easley,Governor y William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director Division of Water Quality June 22, 2007 Jeffrey L. Sanderson, President Whitney Blair, Inc. PO Box 6748 Shallotte, NC 28470 Subject: Stormwater Permit No. SW8 930803 Mod. Cape Side Subdivision High Density Subdivision Project Brunswick County Dear Mr. Sanderson: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Cape Side Subdivision on March 15, 2007. 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 930803, dated June 22, 2007, for the construction of the subject project. This permit shall be effective from the date of issuance until June 22, 2017, 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 150B 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. Sincerea�; Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWATER\PERMIT\930803mod.jun07 cc: Phil Tripp, P.E., Tripp Engineering Delaney Aycock, Brunswick County inspections Linda Lewis Wilmington Regional Office Central Files 14hCarolina 7atura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.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 930803 Mod. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Jeffrey L. Sanderson & Whitney Blair, Inc. Cape Side Subdivision Old Georgetown Road (NCSR 1163), Calabash, Brunswick County FOR THE construction, operation and maintenance of an overall low density subdivision with a bio-retention basin to treat the collected portion.of the drainage area, 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 June 22, 2017 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 1.7 on page 3 of this permit. The subdivision is permitted for 77 lots, each allowed a maximum of 4,300 square feet of built-upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 4. The overall density of the subdivision shall be maintained at 30% or less. 5. A portion of the subdivision has been piped, resulting in the need for an engineered system to treat that runoff. 6. Within the non-collected portion of the subdivision, no piping shall be allowed except that minimum amount needed to drain runoff under a road or for a driveway crossing. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 930803 Mod. 7. The following design elements have been permitted for the bio-retention basin stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 8.17 Onsite, ft2: 355,750 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 146,200 Lots at 4,300 ft2: 120,400 Roads/Parking, ft2: 25,800 Other, ft2: 0 Offsite, ft2: 0 c. Basin Depth, feet: 1.30 d. TSS removal efficiency: 85% e. Design Storm, inches: 1 f. Bottom Elevation, FMSL: 25.7 g. Surface Area @Bottom, ft2: 9,435 h. Permitted Storage Volume, ft3: 12,722 i. Storage Elevation, FMSL: 27.0 j. Number of Plantings: 230 58 Trees 172 Shrubs k. Receiving Stream / River Basin: UT Calabash Creek/ LBR59 I. Stream Index Number: 15-25-5 m. Classification of Water Body: "SA (>1/2 mile)" 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, including driveways and sidewalks, does not exceed the allowable built-upon area. 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 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. Page 3of8 State Stormwater Management Systems Permit No. SW8 930803 Mod. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. 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. 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 revegetation 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. 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. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 930803 Mod. 15. This permit shall become voidable 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 930803, 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 4,300 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. Built-upon area in excess of the permitted amount will require a permit modification. h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 30' from the mean high water mark. j. Within the non-collected portion of the subdivision, filling in or piping of any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. 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. 20. 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. Page 5of8 State Stormwater Management Systems Permit No. SW8 930803 Mod. 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 "Name/Ownership Change Form", signed by both parties, must be submitted to the Division of Water Quality accompanied by 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. 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 reissuance 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 22nd day of June 2007. NORTH LINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 930803Mod Page 6 of 8 Date Received Fee Paid Permit Number - ( 't 2%90 L90 3w8 930E03 i-00 Mod 6-3o-0Co State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name(specify the name of the corporation,individual,etc. who owns the project): 1Nh i 1(2if) ►C 2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance): Jeff Sanderson. President 3. Mailing Address for person listed in item 2 above: • P� Cx)x Co-749 City: of Hill Sh 21 kUf4-Q State: NC Zip: 5-1'4 2 S 0'0 Telephone Number: 919-967-7196 4. Project Name(subdivision, facility, or establishment name—should be consistent with project name on plans, specifications,letters, operation and maintenance agreements, etc.): Cape Side Subdivision(formerly Georgetown Estates Subdivision) 5. Location of Project(street address): Old Georgetown Road (SR 1163) City: _ Calabash County: Brunswick 6. Directions to project(from nearest major intersection): as•rox. 2 miles west from the intersection of NC H' 904 and SR 1163 7. Latitude : _ N 33° 54' 15" Longitude: W 78° 33' 00" of project 8. Contact person who can answer questions about the project: Name: Phillip Tripp Telephone Number: 910-763-5100 II. PERMIT INFORMATION: 1. Specify whether project is (check one): New _ Renewal X Modification Form SWU-101 Version 3.99 Page 1 of 4 3-'ZCOCv 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list The existing permit number 930803 mod and its issue date (if known) 8/23/93_ 3. Specify the type of project(check one): X Low Density _ High Density Redevelop General Permit Other 4. Additional Project Requirements(check applicable blanks): CAMA Major x Sedimentation/Erosion Control 404//401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages)describing stormwater management for the project. open grass swales 2. Stormwater runoff from this project drains to the Calabash River basin. 3. Total Project Area: 32.31 acres 4. Project Built Upon Area: 29.6 %. 5. How many drainage basins does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Overall Subdivision BBoretention Basin Receiving Stream Name Unnamed trib to Calabash River Unnamed trib to Calabash River Receiving Stream Class SA C 7 I It.hii SA C7 r 1 ,, i Drainage Basin Area 1,407,425 sf 355,750 sf Existing Impervious *Area 0 0 Proposed Impervious *Area 415,900 sf 146,200 sf %Impervious*Area(total) 29.6% 40% Impervious*Surface,Area Overall Subdivision Bioretention Basin On-site Buildings(existing&proposed) 78 @ 4300 = 335,400 sf 28 @ 4300= 120,400 sf On-site Streets 80,500 sf 25,800 sf On-site Parking (existing&proposed) 0 0 On-site Sidewalks 0 0 Other on-site 0 0 Off-site 1 0 10 Total: 1 1=4 1 5,900 sf z=146,200 sf *Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off-site impervious area listed above derived? NA IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than_4300 square feet ofany lot shall be covered by structures of impervious materials. Impervious materials include asphalt,gravel, concrete, brick stone, slate or similar material but do not include wood decking or the water surface ofswimming pools. 3. Swales shall not be filled in,piped or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. S. All permitted runofffrom ouiparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s)listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at(910) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Applicant's Initials • Original and one copy of the Stormwater Management Permit Application Form C • One copy of the applicable Supplement Form(s)for each BMP GCt— • Permit application processing fee of$420 (payable to NCDENR) C„'x • Detailed narrative description of stormwater treatment/management <be.. • Two copies of plans and specifications, including: GDL Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number and date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours,proposed contours,spot elevations,finished floor elevations - Details of roads, drainage features,collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage(including off-site),drainage easements,pipe sizes,runott calculations - Drainage areas delineated - Vegetated buffers(where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf,please complete this section. Designated agent(individual or firm): Tripp Engineering, P.C. Mailing Address: 419 Chestnut Street City: Wilmington State: NC Zip: 28401 Phone: 910 763-5100 Fax: (910) 763-5631 VIII. APPLICANT'S CERTIFICATION I, (print or type name ofperson listed in General Information, item 2) Jeff Sanderson certify that the information included on this permit application form is,to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans,that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Signature: y) Date: 1 4,74 iftrgiGG` Form SWU-101 Version 3.99 Page 4 of 4 Permit No.L. 3 9308 c. icier (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC2H .1005 through .1007. I. PROJECT INFORMATION (please complete the following information): Project Name: Cape Side Subdivision(formerly Georgetown Estates Subdivision) Contact Person: Phillip Tripp Phone Number: ( 910 ) 763-5100 Number of Lots: 78 Allowable Built Upon Area Per Lot*: 4,300 sf/lot * If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area—the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor—the appropriate percent built upon area divided by 100. • RA Road Area—the total impervious surface occupied by roadways. • OA Other Area—the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots—the total number of lots in the subdivision. • BUA/Lot—the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 1 (SA x DF)- RA- OA = BUA No. Lots Lot Calculation: SA=1,407,425 sf. RA= 72,000 sf 4,490.10 • C9,1 C.,c,v icv4 --C ae--1.41 At, fcle . IH. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials CPC. • a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. opt-.• b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. Gp c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Form SWU-104 Rev 3.99 Page 2 of 2 (SA x DF)-RA- OA = BUA No. Lots Lot Calculation: SA=1,407,425 sf. RA= 80,500 sf (1,407,425 x .30) — 80.500_ = 4,381.12 sf/lot 78 M. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Fonn SWU-104 Rev 3.99 Page 2 of 2 NOV 08,2006 09:07P Tripp Engineering 9107635631 page 2 State Stormwater Permit# pD BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN rape. Project Name Side. SDbdivi,S).Qn_-__ Applies to Basin # ) _ The permittee shall be responsible for the following maintenance procedures regarding the permitted bio-retention system. The plant material will be watered every day for fourteen consecutive days. and after planting has been completed. AS NEEDED: 1. Treat all diseased trees, shrubs and vegetation. 2. Replace deficient, defective or rotted support stakes. 3. Check the entire collection system for sediment accumulation, clogging, broken pipes and grates, leaks, etc. Repair as required. 4. Mow the grassed areas of the basin when it reaches a maximum height of 6". MONTHLY: 1. Inspect and repair any eroded areas and remove trash. I'‘ CE IV D 2. Remulch any void areas. TWICE A YEAR: NOV 13 2006 1. Remove and replace dead and/or untreatable diseased vegetation. Dw 2. Replace support stakes as needed in the spring. "ROJ# 5cu3q FO3Hc.CI YEARLY 1. Apply a new layer of mulch in the spring. Remove the previous mulch layer before applying a new layer. 2. Remove any accumulated sediment. I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system and prior to making any changes to the sy•tem or to the responsible party. Print name 11_, Title Pr'e ll! Address . $r shah(Off.r l c z.e too Phone: Fax:_0-S/9- 9379 Signature , _ Date�� _g/dC •Note:For subdivision, 0 lc j res nsible party should not be a homeowners association or property owner's association unlos Ian 50%of tho lots have been sold and a resident of the subdivision has been named the president. L len CR.tr _, a Notary Public for the State of 1112 reAusrx. County of Ty2jkn cum cJ. do hereby certify that c1e � `2 r\ae.rs personally appeared before me this the Ss' day of___L1 .errib - _, and acknowledge the due execution of the foregoi trument. Witness my hand and official seal. --...— SkA3 C. Mar SEAL 14 commission expires 1/- /b-oWOr €FILIAL SEAL Notary Public,North Carolina ,1r•E County of Brunswick SHELLY C.MAYO My Commission Expires April 10,2008 North Carolina Secretary of State Page 1 of 1 S(N 561306°3 &,'' ' `.-:' . North Carolina r 1 r �. f s " v Elaine F Marshall 0 P RT`M N _ OF TI-[E v i. .-, : Secretary 1E RET. RY OFSTATE PO Box 29822 Raleigh,NC 27626-0822 (919)807-2000 CORPORATIONS Date: 6/22/2007 Corporations Home Click here to: Search By Corporate Name View Document Filings I Search For New Corporation Print apre-populated Annual Report Form I Annual Report Count I File an Search By Registered Agent Annual Report I Important Notice Corporations FAQ Corporation Names Tobacco Manufacturers Dissolution Reports Name Name Type Nan Profit Reports NC Coastal Developers, LLC Legal Verify Certification Online Annual Reports Limited Liability Company Information LINKS&LEGISLATION SOSID: 0572876 KBBE B2B Annual Reports Status: Current-Active SOSID Number Correction Date Formed: 12/6/2000 2001 Bill Summaries 1999 Senate Bills Citizenship: Domestic Annual Reports 1997 State of Inc.: NC Corporations 1997 Duration: 12/31/2050 Register for E-Procurement Registered Agent Dept. of Revenue ONLINE ORDERS Agent Name: Biggs,Jonathan W Start An Order Registered Office Address: 122 East Parrish St New Payment Procedures Durham NC 27701 Registered Mailing Address: 1829 East Franklin St., 900 B Franklin Square CONTACT US Chapel Hill NC 27514 Corporations Division Principal Office Address: 1829 East Franklin St.,900 B Franklin Square Secretary of State's web site Chapel Hill NC 27514 TOOLS Principal Mailing Address: No Address Secretary of State Home Secretary of State Site Map Printable Page For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=5295408 6/22/2007 SOSID:0572876 Date Filed:5/1/2003 4:58:00 PM LIMITED LIABILITY COMPANY (LLC) Elaine F.Marshall `,A `` ANNUAL REPORT North Carolina 23 1Secretary of State NAME OF LIMITED LIABILITY COMPANY: C.O0L-5tat. D Veto L,-.ti#,-..,:-t-. I LI93 STATE OF FORMATION: NC, ‘T v 0 /� SECRETARY OF STATE L.L.C.ID NUMBER: FISCAL YEAR ENDING: I oZ. " 3 + -U�./ MONTH/DAY/YEAR FEDERAL EMPLOYER ID NUMBER:5 1 - ak/504)- 1F THIS IS THE INITIAL 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 8. 1. REGISTERED AGENT&REGISTERED OFFICE MAILING ADDRESS: 2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE: 3. IF THE REGISTERED AGENT CHANGED,SIGNATURE OF THE NEW AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS HERE: ADDRESS- CITY- ST- ZIP- S. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: PLEASE INCLUDE AREA CODE 6. ENTER NAME,TITLE,AND BUSINESS ADDRESS OF MANAGER(S)OR IF THE LLC HAS NEVER HAD MEMBERS,ITS ORGANIZERS: NAME- ADDRESS- TITLE- CITY- ST- ZIP- NAME- ADDRESS- TITLE- CITY- ST- ZIP- NAME- ADDRESS- TITLE- CITY- ST- ZIP- 7. BRIEFLY DESCRIBE THE NATURE OF BUSINE : 8. CERTIFIC, Of,F AN • •O• UST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES. � �j it - a5- o ff FORMMUSTB 'EDB,. MA•AGERO.. .HEL.L.C. BATE i Tr e rr Sartdev'r rr. lint,—1 C.r WlaIna e:✓ TYPO OR PRINT NAME TYPE OR PRINT TITLE I ANNUAL REPORT FEE: $200.00 MAIL TO: Secretary of State•Corporations Division•Post Office Box 29525• Raleigh,NC 27626-0525 North Carolina Secretary of State Page 1 of 1 •• " Eli' QEPARTM.ENi NorthCaro ina � la t Ir l! OF TI I:E s . ;} Secretary SECRETARY of STATE PO Box 29822 Raleigh,NC 276.2E-0822 (919)807-2000 CORPORATIONS Date:6/22/2007 Corporations Home Click here to: Search By Corporate Name View Document Filings Search For New Corporation Print apre-populated Annual Report Form I Annual Report Count I File an Search By Registered Agent Annual Report I Important Notice Corporations FAQ Corporation Names Tobacco Manufacturers Dissolution Reports Name Name Type Non Profit Reports NC Whitney Blair, Inc. Legal Verify Certification Online Annual Reports Business Corporation Information LINKS&LEGISLATION SOSID: 0187072 KBBE B2B Annual Reports Status: Current-Active SOSID Number Correction Date Formed: 4/21/1986 2001 Bill Summaries 1999 Senate Bills Citizenship: Domestic Annual Reports 1997 State of Inc.: NC Corporations 1997 Duration: Perpetual Register for E-Procurement Registered Agent Dept. of Revenue ONLINE ORDERS Agent Name: Whitley Ill,W Dudley Start An Order Registered Office Address: 2343 Professional Dr New Payment Procedures Rocky Mount NC 27804 Registered Mailing Address: 2343 Professional Dr CONTACT US Rocky Mount NC 27804 Corporations Division Principal Office Address: 790 Sunset Blvd. Secretary of State's web site Suite 3 Sunset Beach NC 28468 TOOLS Principal Mailing Address: PO Box 6748 Secretary of State Home Shallotte NC 28470 Secretary of State Site Map Stock Printable Page Class Shares No Par Value Par Value COMMON 100000 1 For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4604430 6/22/2007 SOSID:0187072 Date Filed:3/27/2006 4:03:00 PM Elaine F.Marshall CD-479 (90) Business Corporation North Carolina Secretary of State 8-8-05 North Carolina Annual Report 2006 086 06156 This report may be tiled online at the Secretary of State website: www.sosnc.com Namyaf Business Corporation: WHITNEY BLAIR INC Fiscai Year Ending: 12 31 05 State of Incorporation:NO CAROLINA Month/DayNear Secretary of State ID Number: Federal Employer ID Number:5 6 16 0 7154 Nature of Business: Registered Agent Registered Office Mailing Address: City: State: Registered Office Street Address: City: State: Signature of New Registered Agent: (Signature constitutes consent to the appointment) Principal Office Telephone Number: Principal Office Mailing Address: City: State: Principal Office Street Address: City: State: Name,Title,and Business Address of Principal Officers: Name: Title: Address: City: State: Zip: Name: Title: Address: City; State: Zip: Name: Title: Address: City:A) State: Zip: CertifieAtion�of On alport(Must be completed by all Business Corporations). 02-23-2006 S' na re e signed by an officer of ation) Date JEF Y DERSON PRESIDENT Type or Print Name Title 05 NC4791 TWF 15283 Copyright Forms(Software Only)-2005TW SOSID:0187072 Date Filed: 7/24/2004 9:34 AM r ' :BUSINESS CORPORATION Elaine F.Marshall North Carolina Secretary�� ANNUAL REPORT of State NAME OF BUSINESS CORPORATION: Whitney Blair,Inc. FISCAL YEAR ENDING: 12/31/2004 STATE OF INCORPORATION: NC SECRETARY OF STATE CORPORATE ID NUMBER: 0187072 FEDERAL EMPLOYER ID NUMBER: 561607154 NATURE OF BUSINESS: Residential Builder/developer REGISTERED AGENT: Whitley III, W Dudley REGISTERED OFFICE MAILING ADDRESS: 2343 Professional Dr Rocky Mount,NC 27804 REGISTERED OFFICE STREET ADDRESS: 2343 Professional Dr Rocky Mount,NC 27804 County:Nash PRINCIPAL OFFICE TELEPHONE NUMBER: 910-579-9994 PRINCIPAL OFFICE MAILING ADDRESS: PO Box 6748 Shallotte,NC 28470 PRINCIPAL OFFICE STREET ADDRESS: 790 Sunset Blvd. Suite 3 Sunset Beach,NC 28468 PRINCIPAL OFFICERS: Jeffrey L Sanderson Jeffrey L Sanderson Jeffrey L Sanderson Title:President Title:Secretary Title:Treasurer same as above same as above same as above Sunset Beach,NC 28468 Sunset Beach,NC 28468 Sunset Beach,NC 28468 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL BUSINESS CORPORATIONS Jeffrey L Sanderson 7/24/2004 FORM MUST BE SIGNED BY AN OFFICER OF THE CORPORATION DATE Jeffrey L Sanderson President TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE:E-Paid Secretary of State•Corporations Division•Post Office Box 29525•Raleigh,NC 27626-0525 TRIPP ENGINEERING, P.C. • 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910)763-5100 • FAX: (910) 763-5631 March 15, 2007 NCDENR Division Water Quality 127 Cardinal Drive Wilmington,NC 28405-3845 Attn: Ms.Linda Lewis Re: Capeside Subdivision SW8 930803 New Hanover County,NC TE 05126 Dear Linda: In response to your correspondence dated February 07, 2007 we offer the following: 1. We have enlarged the flood pool to 10,137 sf. Please note we have a slight overlap within the right-of-way. 2. We have raised the flood pool elevation to 27.0. We enclose revised calculations and detail. 3. We include the planting calculations and revised detail to include these requirements. 4. We have revised plant list to match BMP manual. 5. We enclose(2) sets of revised plans. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering,P.C. ‘ .44 , 5. -R,c,,,;,„,7" ___ ,. .,, ,-8-, Phillip G. T ' 40 Q f d Nj 7 PGT:dcb _ Enc. Date - Job I Design Sheet 'lb.*OG TRIPP ENGINEERING, P.C. t`l•a V. flffilt- ivr 1 Of Z 6$16(4 419 Chestnut Street For Check Job No. Wilmington,North Carolina 28401 A 11 CAM4l9E. 5 usoi,(90.4 05 IZ4=, -344457 i. • . . , . ! . , . , 3 . . . 7 . ! ! , , , , , , ii , . 1 : , -i- . . . ! 7 , , . , i -•: ! i HI i ! iHL I : 4: W : ! ; : ; i : : ii : iLI : . 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I ; 1 ; 1. ; _ i i I i I i 1 t"-H T, I 1 i t !.. . .. . 11 i ! it ; • i ! 1 i T Re: SW8 930803 Mod.Cape Side Subdivision Subject: Re: SW8 930803 Mod. Cape Side Subdivision From: "Phillip Tripp" <PTRlPP@ec.rr.com> Date: Thu, 8 Mar 2007 10:32:46 -0500 To: "Linda Lewis" <linda.lewis@ncmail.net> Dear Linda, I am a little behind schedule. Please give me one more week and I will have this to you by next Thursday. Please let me know if this is a problem. Sorry and thank you, Phil Original Message From: "Linda Lewis" <linda.lewis@ncmail.net> To: "Phil Tripp" <PTripp@ec.rr.com> Sent: Wednesday, February 07, 2007 5:22 PM Subject: SW8 930803 Mod. Cape Side Subdivision Phil: A few more items to deal with in regard to the additional information received on November 13, 2006: 1- The revised calculations do not show the calculation of the minimum 1" volume to be provided in the bioretention system. Based on my calculations, the minimum volume is 12,422 cubic feet. The system provides only 9,705 cubic feet. Additional surface area may be needed to provide the necessary volume without flooding the road. 2- Please show the calculations of how you determined the volume provided in the system. 3- The standard in the BMP Manual is for 1000 trees and shrubs per acre of bioretention basin. Only 13 trees and 39 shrubs have been proposed for a total of 52. . The total number of trees and shrubs must be 230. The 230 stems does not include the herbaceous groundcover. 4- Only 1 of the 6 tree and shrub species you've selected are on the list of suitable plantings for bioretention. Please refer to Tables 4.3, 4.4 and 4.5 in Chapter 4.0 of the BMP Manual for a list of suitable trees and shrubs for use in bioretention basins. Please submit the requested information prior to March 7, 2007. Thanks, Linda 1 of 1 3/8/2007 11:44 AM TRIPP ENGINEERING, P.C. 0 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 November 13,2006 NCDENR Division Water Quality 127 Cardinal Drive Wilmington,NC 28405-3845 Attn: Ms. Linda Lewis Re: Capeside Subdivision SW8 930803 BY New Hanover County,NC TE 05126 Dear Linda: In response to your correspondence dated September 15, 2006, we offer the following: 1. We have combined and enlarged information onto (1)24"x 36"plan sheet. 2. We have revised the calculations for the 40%BUA and surface area of 9,145 sf. 3. We include the planting calculations and revised detail to include these requirements. 4. We have raised the flood pool elevation to 26.7. We enclose revised calculations and detail. 5. We have enlarged the flood pool to 9,975 sf. 6. We have eliminated the orifice. 7. We have enclosed an executed operation and maintenance plan. 8. We have enclosed a revised application with section III.6 data. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely,0T , 1 Engineering,P.C. 1 .. .)' 0 Phillip G. NI"; . . PGT:dcb Enc. WAT 4?' Michael F.Easley,Governor 0 0 William G.Ross Jr.,Secretary tom— North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality September 15, 2006 • Jeff Sanderson, President Whitney Blair, Inc. PO Box 6748 Shallotte, NC 28470 Subject: Request for Additional Information Stormwater Project No. SW8 930803 Mod. Cape Side Subdivision Brunswick County Dear Mr. Sanderson: The Wilmington Regional Office received a Stormwater Management Permit Application for Cape Side Subdivision on June 30, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please revise the larger plan sheet to include the proposed bioretention basin and details. The plans are currently on 8.5" x 11" sheets with very small writing, and the details are extremely difficult to read. 2. The calculation of the combined Rational runoff coefficient (Cc) appears to be based on an assumption that the percent BUA within the 8.167 acre drainage area of the bioretention basin is the same as the overall percent BUA of the entire subdivision. This is not necessarily true. As with any engineered system permitted by the Division, the percent BUA within the drainage area needs to be calculated based on the actual BUA's within that drainage area. Using this method, the percent BUA is a little over 40% and the required minimum surface area jumps by 1,000 square feet to 9,122 square feet. 3. Please revise the calculations to add the minimum number of plantings (1000 plantings per acre of bioretention basin, 3 shrubs for every 1 tree), per the BMP Manual. 4. The volume provided in the system is well below the calculated minimum 1" volume. Please increase the depth of the bioretention basin to 12". It appears that you could raise the flood pool elevation to 26.7 to provide more volume without flooding the road. Please provide revised volume calculations and revise the flood pool elevation on the outlet structure detail. 5. The calculations that were sealed on August 24, 2005, indicated that the area of the bioretention basin was 9,961 square feet, however, the volume calculations submitted on June 30, 2006, indicate that the flood pool area is only 4,600 square feet. 6. Please eliminate the 1.5" orifice. The drawdown for bioretention can occur only through infiltration, evaporation and transpiration. N�`hCarolina Naturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet. INww..ne atergu_ilitv,org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Sanderson September 15, 2006 " `, ti Stormwater Application No. SW8 930803 7. Please provide a signed Operation and Maintenance plan for the bio- retention area, enclosed. 8. Please provide a revised application, reporting the built-upon areas for the overall subdivision in one column in Section 111.6 and reporting the drainage area and built-upon areas for the bioretention basin in the second column. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to October 15, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. 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. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7335. Sincerely, Gti-a) Linda Lewis Environmental Engineer ENB/arl: S:IWQS\STORMWATERIADDINFO120061930803mod.sep06 cc: Phil Tripp, P.E., Tripp Engineering Linda Lewis Page 2 of 2 Page 1 of 1 r, North Carolina • Elaine Marshall - x a O> 'II ORE .,: Secretary 3 E .R ETARY 01; 5 TAT r° PO Box 29622 R ileig 1,NC 27626-0622 {919)807-2000 Cargo i. ,; • Date: 9/15/2006 *'Corporations Home "-important Notice Click here to: `Corporations FAQ View Document Filings 'Tobacco Manufacturers Print apre-populated Annual Report Form I Annual Report Count I Fil 'Dissolution Reports Non-Profit Reports an Annual Report I "-'Verify Certification Corporation Names *Online Annual Reports 'KBBE B2B Annual Reports Linl;a Name Name Type `'Secretary Of State Home i``C Whitney Blair, Inc. Legal 'Register for E-Procurement Business Corporation Information *Dept. of Revenue Legislc.« SOSID: 0187072 w'1999 Senate Bills *2001 Bill Summaries Status: Current-Active Annual Reports 1997 Date Formed: 4/21/1986 *Corporations 1997 Citizenship: Domestic "By Corporate Name State of Inc.: NC *f or New Corporation Duration: Perpetual By Registered Agent Registered Agent "Start An Order ▪New Payment Procedures Agent Name: Whitley Ill, W Dudley Corta(A ln.: Corporations Division Registered Office Address: 2343 Professional Dr )Secretary of State's web site Rocky Mount NC 27804 Print Registered Mailing 2343 Professional Dr 'Printable Page Address: Rocky Mount NC 27804 Principal Office Address: 790 Sunset Blvd. Suite 3 Sunset Beach NC 28468 Principal Mailing Address: PO Box 6748 Shallotte NC 28470 Stock Class Shares No Par Value Par Value COMMON 100000 1 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=4604430 9/15/2006 SOSID: 0187072 Date Filed: 8/6/2002 8:23 AM 22 211 5039 Elaine F. Marshall ARTICLES OF MERGER North Carolina Secretary of State OF SPRINGCREST DEVELOPERS, INC. INTO WHITNEY BLAIR, INC. Pursuant to § 55-11-05 of the General Statutes of North Carolina, WHITNEY BLAIR, INC. (the "Surviving Corporation"), a corporation organized under the laws of the State of North Carolina, hereby submits these Articles of Merger for the purpose of merging SPRINGCREST DEVELOPERS, INC. (the "Merging Corporation"), a corporation organized under the laws of the State of North Carolina, into the surviving corporation: I. The following Plan of Merger was duly approved in the manner prescribed by law by the shareholders of each of the corporations participating in the merger: PLAN OF MERGER A. Corporations Participating in Mercier. Springcrest Developers, Inc. (the "Merging Corporation") will be merged into Whitney Blair, Inc., which will be the surviving corporation (the "Surviving Corporation"). B. Name of Surviving Corporation. The business of the Surviving Corporation will be conducted under the name "WHITNEY BLAIR, INC.". C. Mercier. The merger of the Merging Corporation into the Surviving Corporation will be effected pursuant to the terms and conditions of this Plan. Upon the merger becoming effective, the corporate existence of the Merging Corporation will cease, and the corporate existence of the Surviving Corporation will continue. The time.when the merger becomes effective is hereinafter referred to as the "Effective Time", and shall be upon filing. D. Conversion and Exchange of Shares. At the Effective Time, the outstanding shares of the corporations participating in the merger will be converted and exchanged as follows: 1. Surviving Corporation The outstanding shares of the Surviving Corporation will not be converted, exchanged, or altered in any manner as a result of the merger and will remain outstanding as shares of the Surviving Corporation. 2. Merging Corporation Each share of stock of the Merging Corporation outstanding at the Effective Time shall be converted into one (1) share of stock of the Surviving Corporation. 3. Fractional Sharps No fractional shares will be issued. 4. Surrender of Share Certificates Each holder of a certificate representing shares to be converted or exchanged in the merger will surrender such certificate and after the Effective Time will be entitled to receive in exchange therefor a certificate or certificates representing the number of shares to which he is entitled under this Plan. Until so surrendered, each outstanding certificate that prior to the Effective Time represented shares of the Merging Corporation will be deemed for all purposes to evidence ownership of the consideration to be issued for such shares under this Plan. E. Amendments to Articles of Incorporation. The Articles of Incorporation of the surviving Corporation will not be amended. 2 F. Abandonment. After approval of this Plan by the shareholders of the Merging Corporation, and at any time prior to the merger's becoming effective, the Board of Directors of the Surviving Corporation may, in its discretion, abandon the merger. II. Shareholder approval of the merger was obtained by both corporations involved as required by Chapter 55. This the day of June, 2002. WHITNEY AI", I B JEF SON, President Uncorp\whltney-springcrest_aom 3 SOSID:0187072 Date Filed:3/27/2006 4:03:00 PM Elaine F.Marshall CD-479(90) Business Corporation North Carolina Secretary of State e-e-05 North Carolina Annual Report 2006 086 06156 This reppri may be tiled online at the Secretary of State website: www.sosnc.com Namyot Business Corporation: WHITNEY BLAIR INC Fiscal Year Ending: 12 31 05 State of incorporation:NO CAROLINA Month/Day/Vear Secretary of State ID Number: Federal Employer ID Number:56 1607154 Nature of Business: Registered Agent: Registered Office Mailing Address: City: State: Registered Office Street Address: City: State: Signature of New Registered Agent: (Signature constitutes consent to the appointment) Principal Office Telephone Number: Principal Office Mailing Address: City: State: is Principal Office Street Address: City: State: Name,Title,and Business Address of Principal Officers: Name: Title: Address: City: State: Zip: Name: Title: • Address: City: State: Zip: I. r Name: Title: Address: City: State: Zip: • Certif lion of . n al =•• (Must be completed by all Business Corporations). ¢�••••• 0 2-2 3-2 0 0 6 JEF\ '•na• • •e signed by an officer of c• ation) Date Y . :./ DERSON PRESIDENT Type or Print Name Title 05 NC4791 TWF15283 Copyright Forms(Software Only)-2005 TW u: cg3'o rt ARTICLES OF INCORPORATION OF WHITNEY BLAIR, INC. We, the undersigned, being natural persons of the age of eighteen years or more, do hereby make and acknowledge these Articles of Incorporation pursuant to the laws of the State of North Carolina, as contained in Chapter 55 of the General Statutes of North Carolina, said Chapter being entitled "Business Corporation Act, " and the several amendments thereto, for the purpose of forming a business corporation, and to that end do hereby set forth: 1. The name of the corporation is WHITNEY BLAIR, INC. . 2. The period of duration of the corporation shall be perpetual. 3. The purpose or purposes for which the corporation is organized are: a. To engage in any lawful act or activities for which corporations may be organized under Chapter 55 of the General Statutes of North Carolina. 4. The aggregate number of shares which the corporation shall have authority to issue is 100,000. The par value of each share shall be $1.00. 5. The minimum amount of consideration to be received by the corporation for its shares before it shall commence business is ONE HUNDRED DOLLARS ($100.00 ) in cash or property of equivalent value. . - t . I. A 6. The shareholders of the corporation shall have pre-emptive right to acquire additional treasury shares of the corporation. 7. The address of the initial registered office of the corporation is 1920 Highway 54, 220 Executive Park, Durham County, Durham, NC 27713. The name of the its initial registered agent at such address is Jeffrey L. Sanderson. 8. The number of directors constituting the initial Board of Directors shall be THREE (3) , and the names and addresses of the persons who are to serve as directors until the first meeting of the shareholders, or until successors be elected and qualify, are: NAME ADDRESS Jeffrey L. Sanderson 1920 Highway 54, 220 Executive Park Durham, North Carolina 27713 Patricia W. Sanderson 1920 Highway 54, 220 Executive Park Durham, North Carolina 27713 Harold Williams 1920 Highway 54, 220 Executive Park Durham, North Carolina 27713 9. The name and address of each incorporator is: Paul Baldasare, Jr. Post Office Box 12719 Research Triangle Park, Durham County North Carolina 27709 IN WITNESS WHEREOF, I have hereunto set my hand, this the I03 day of April, 1986. Aaul -c--1----"dazzeo-70-4-------A Baldasare, Jr. STATE OF NORTH CAROLINA COUNTY OF URHAM �,( I jZ i.,�,#J J--ii'�e r - (, , a Notary Public, do hereby certify t at Paul Ba das , r. personally appeared before me this the / day of April, 1986, and acknowledged the due execution of the foregoing Arti of Incorporation. Notary Pub' : U My Commission Expires: 3-/3_ '1 ' Project No. SW8 y 36 Fo 3 m O- F wAr Project Name C ,J , 51) fl . N County: C4 AGcvvua_.ccnr�i a „..max Dear /1(/, . a.44. . The Wilmington Regional Office of the Division of Water Quality received your stormwater application and $420.00 fee on(' -j D -ej Your project will be reviewed within 75 days of receipt, and you will be notified if additional information is needed. Please be advised that the construction of built-upon area may not commence until the stormwater permit is issued. If you have any questions, please contact any member of the stormwater review staff in the Wilmington Regional Office at(910) 796-7215. Date Sent: '7- 1 -U a' Patricia Collins TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 VIC)4 Phone: (910) 763-5100 • FAX: (910) 763-5631 () 2 C(5).0(2r6 June 29, 2006 I j NCDENR `w" c) Division Water Quality 127 Cardinal Drive Wilmington,NC 28405-3845 Attn: Ms. Linda Lewis Re: Capeside Subdivision SW8 930803 New Hanover County,NC TE 05126 Dear Linda: We are in receipt of your October 7, 2005 correspondence, With respect to your numbered items, we offer the following: 1. We enclose one highlighted plan with contributing runoff area highlighted. 2. We have revised the details to be site specific and include a planting layout. 3. We have revised the details to be site specific and include a revised bioretention area detail. 4. Soils report is included. 5. Revised calculations are included. Please note the pond storage will not provide for a 1" storm event by itself, however the bioretention system and filter layers do provide additional storage not included. 6. No additional driveway pipes will be installed Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, T ; Engineering,P.C. ‘, ) Phillip G. Tripp,_. . RECEI\ D PGT:dcb JUN 302006 Enc. ., (v--30- 5outkern 1 nvIronmental Group, Jnc. 5315 South College }load,Suite E • Wilmington, North Carolina 28+12 910.452.27 1 1 • Fax: 910.452.2899 • o{4ice@segi.us www.segi.us June 15,2006 Email Tripp Engineering,P.C. 419 Chestnut Street Wilmington, NC 28401 Attn: Mr. Phil Tripp Reference: Seasonal High Water Estimate Cape Side Lot 22 Sunset Beach,Brunswick County,North Carolina Dear Phil, As requested, our office visited the above mentioned site on June 13,2006. At that time, an auger boring to a depth of approximately seven feet below the site grade was conducted. The site had been recently cleared of trees and some amount of sand fill had been deposited within the building area of the lot. Soils encountered in the borehole consists of sandy loam to medium grade sands. The soils exhibited dark to moderately lite colorations(Chroma values 2 -5 on the Munsell soil color chart). Varying degrees of cementation occurred at depths greater than 18 inches. An apparent water table was determined by allowing adequate time for adjustments in the surrounding soil to take place,then measuring down to the water level in the borehole. The depth to the water was measured at 74 inches. Our measurements and soil classifications are presented in Table 1. Based on the results of our field classification and of the soils encountered, and direct measurement of groundwater level, it is our opinion that the seasonal high water table occurs at 6.2 feet below the existing grade. Please find attached a sketch showing the approximate hand auger boring location. Should you have questions or comments regarding this appraisal, please feel free to contact our office at 910.452.2711. Sincerely, Dana A. Lutheran Project Manager 5rci Table 1 Munsell Soils Classification Lot 22 Sea Bourne Way Sunset Beach,North Carolina Depth Soil Description Hue Value Chroma (inches) Dark, medium SAND with traces of silt 10YR 3 1 0-18 Moderately light, SANDY LOAM 10YR 4 1 18-24 Dark SANDY LOAM with some organics 10YR 3 1 24-36 Very dark brown, SANDY LOAM(weakly cemented) 10YR 2 1 36-40 Moderately light colored, fine to medium SAND, traces of silt 10YR 4 2 50-65 Moderately light SAND with dark yellow tint 10YR 5 6 65-74 Page 1 of 1 ,, • , ,1-- -111__ 241E5020. 24100037 2'"E5)35,, 1-n--', : - .4 241E8029 >- 2420000905. I , 241EE028 .,e/r.' 11' a. ...- .---* ; _.-""r 1.- \ --'''''f 24'1E5027 ----•:?'".....- 1 1.... N .....-- .#z vi.\ ....? ... 241E3020 b.-8.. \ ..„.?„...... ..4-e- ..---r.2-11E5025 4 i, •rr-ctn.,'ztti,e \ ....., -I http://gis.brunsco.net/outp ut/Brunawick ARC-IMS-SERVER6603728183.jpg 6/14/2006 _ Capeside Subject: Capeside From: "Charlie" <Charlie-trippeng@ec.rr.com> Date: Tue, 27 Jun 2006 09:25:00-0400 To: "'Linda Lewis' <linda.lewis@ncmail.net> Linda, Phil asked me to let you know he will have this done and delivered to your office by tomorrow morning. He has had a family member hospitalized and in critical condition for the past few days. We apologize for the wait. Thank you, Charlie 1 of 1 6/27/2006 9:30 AM Re:Capeside Subdivision SW8 930803 Mod. Subject: Re: Capeside Subdivision SW8 930803 Mod. From: "Phillip Tripp" <PTR Pp@ec.rr.com> Date: Fri, 16 Jun 2006 09:30:40 -0400 To: "Linda Lewis" <Linda.Lewis@ncmail.net> Linda, I now have the soils information in hand. Will now finish my plan and forward to you before next Friday, June 23. Thank you, Phil Original Message From: "Phillip Tripp" <PTRIPP@ec.rr.com> To: "Linda Lewis" <Linda.Lewis@ncmail.net> Sent: Tuesday, June 06, 2006 4:26 PM Subject: Re: Capeside Subdivision SW8 930803 Mod. Linda, Sorry for the delay. I have been waiting on the owner and soils folks to send their data so I can complete my work. I am notifying owner via copy of your email that time is up and we need to finish. Should get them off their . Thanks for the reminder. I will email you back within the week with the final timeline. Phil ---- Original Message From: "Della" <trippeng@ec.rr.com> To: <ptripp@ec.rr.com> Sent: Tuesday, tune U6, 2006 1:26 PM Subject: FW: Capeside Subdivision SW8 930803 Mod. -Original Message--- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, June 06, 2006 12:20 PM To: Phil Tripp; Tripp Engineering Subject: Capeside Subdivision SW8 930803 Mod. Phil: I'm attempting to followup on several projects that have hanging around a while, and this is one of them. You submitted the application on October 7, 2005, but I was unable to accept it due to the deficiencies. You sent me an email in late March, 2006, indicating that the impoundment was being evaluated by your soils and wetlands consultants. Can you update me on,the progress of this submittal? Thanks, Linda II ' E ' I 1 of 1 6/16/2006 11:41 AM Re: Fw: Capeside Subdivision SW8 930803 Subject: Re: Fw: Capeside Subdivision SW8 930803 From: "Phillip Tripp" <PTRIPP@ec.rr.com> Date: Wed, 29 Mar 2006 08:59:32 -0500 To: "Linda Lewis" <linda.lewis@ncmail.net> Linda, The area we designated for use as a stormwater impoundment is being evaluated by our soils and wetland consultants. I am sorry it is taking so long, but we are making progress. Thank you for your patience. Please contact me if you have any questions or comments. Phil Original Message From: "Linda Lewis" <linda.lewis@ncmail.net> To: "Phillip Tripp" <PTRIPP@ec.rr.com> Sent: Monday, December 05, 2005 10:02 AM Subject: Re: Fw: Capeside Subdivision SW8 930803 Thanks for the update Phil. Linda Phillip Tripp wrote: Linda, You just wouldn't believe how hard it is to find someone to do soils anymore. We have finally got a contract with a group to provide us with the permeability and SHGWT. We should have the info here in two weeks. Again I'm sorry for the delay but we have been working frantically to keep the project moving forward. We will forward back to you ASAP. Thank You, Phil Original Message *From:* Phillip Tripp <mailto:PTRIPP@ec.rr.com> *To:* Linda Lewis <mailto:Linda.Lewis@ncmail.net> *Sent:* Thursday, November 10, 2005 11:38 AM *Subject:* Capeside Subdivision SW8 930803 Linda, I am in receipt of your October 11, 2005 comment letter and making progress with my re-submittal. It's taking just a little longer to get the soils work done than I had hoped. Please look for my return information in the very near future. Thanking You in advance for your patience. Please let me know if this schedule is unsatisfactory. Thank You, Phil 1 of 1 3/30/2006 8:24 AM Fw:Capeside Subdivision SW8 930803 Subject: Fw: Capeside Subdivision SW8 930803 From: "Phillip Tripp" <PTRIPP@ec.rr.com> Date: Mon, 5 Dec 2005 09:55:46 -0500 To: "Linda Lewis" <Linda.Lewis@ncmail.net> Linda, You just wouldn't believe how hard it is to find someone to do soils anymore. We have finally got a contract with a group to provide us with the permeability and SHGWT. We should have the info here in two weeks. Again I'm sorry for the delay but we have been working frantically to keep the project moving forward. We will forward back to you ASAP. Thank You, Phil Original Message---- From: Phillip Tripp To: Linda Lewis Sent: Thursday, November 10, 2005 11:38 AM Subject: Capeside Subdivision SW8 930803 Linda, I am in receipt of your October 11, 2005 comment letter and making progress with my re-submittal. It's taking just a little longer to get the soils work done than i had hoped. Please look tor my return information in the very near future. Thanking You in advance for your patience. Please let me know if this schedule is unsatisfactory. Thank You, Phil 1 of 1 12/5/2005 2:45 PM WATT Michael F. Easley, Governor • S.O. William G. Ross,Jr., Secretary DUKV-7- North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: October 11, 2005 No. of Pages: 1 To: Phil Tripp, PE From: Linda Lewis A1)(11/ Company: Tripp Engineering Water Quality Section - Stormwater FAX#: 763-5631 FAX# 910-350-2004 Phone #910-796-7215 DWQ Stormwater Project Number: SW8 930803 Project Name: Capeside Subdivision MESSAGE: Phil: The Division received a modification to the Capeside Subdivision permit on October 7, 2005. The application is incomplete and cannot be accepted for review until the following items are addressed: 1. P!ease submit a plan sheet delineating the entire 355,750 fi2 drainage area to the proposed bio-retention basin. 2. A detailed site-specific planting plan must be provided. The plan should show the basin in detail and specify the names of the plants, how many plants will be planted and where they will be planted within the basin. Species suitable for use in bioretention basins are listed in the BMP document. 3. Please make the bioretention basin plan and section details specific to the proposed basin. Please show the correct elevations, and dimension the proposed basin. The plan view shown in the BMP manual is only an example, and is obviously not the plan view of the basin being proposed here. 4. Please submit a soils report to support your claim of a sandy subgrade, and therefore, use of the 5% design size factor. The soils report should also estimate the elevation of the Seasonal High Water Table. 5. Please calculate the design volume provided in the basin between the bottom elevation of 25.7 and the flood pool elevation of 26.2. Please revise the calculations to include a table of elevations, areas, and volumes provided in the basin. The basin must be sized to contain the runoff associated with a 1" rain event. 6. Please note that the approval of this basin is not intended to be a green light for others to pipe their front yards. ENB\arl: S:IWQS\STORMWATER\RETURN\20051930803.oct05 North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us I'T0�rthCarofina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natura! P. 1 * * * COMMUNICATION RESULT REPORT ( OCT.11.2005 9:17AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) R -■ PAGE 371 MEMORY TX 97635631 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 ewArp,, Michael P. Easley, Governor William G, Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: October 11, 2005 No. of Pages: 1 Atc/ki To: Phil Tripp, PE From: Linda Lewis Company: Tripp Engineering Water Quality Section ,Stormwater FAX 0: 783.5631 FAX#910450.2004 Phone #910-796-7215 DWC Stormwater Project Number: SW8 930803 Project Name: Capeside Subdivision MESSAGE: Phil: The Division received a modification to the Capeside Subdivision permit on October 7, 2005. The application is incomplete and cannot be accepted for review until the following items are addressed: 1. Please submit a plan sheet delineating the entire 355,750 ft2 drainage area to the proposed bio-retention basin, 2. A detailed site-specific planting plan must be provided. The plan should show the k.i 4rr In ,1 .+ail . rw'I trnor.ifir+Ina n.arvi s +kc. nlonfc. hnt.r m.anai nl.ar.+a will hr. rdnn+nr! TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 October 6, 2005 11\ NCDENR (it/ Division Water Quality 127 Cardinal Drive Wilmington,NC 28405-3845 Attn: Ms. Linda Lewis Re: Capeside Subdivision Notice of Violation SW8 930803 New Hanover County,NC TE 05126 Dear Linda: Enclosed please find two (2) sets of plans, calculations and a check for u420 to address the above referenced Notice of Violation. Please note we are preparing to install a bioretention area to treat runoff from the upstream drainage area which includes the piped sections. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tr' ' s Engineering,P.C. 0, Phillip G. Tripp,P.E. PGT:dcb Enc. Cape Side Subdivision N.O.V., SW8 930803 Subject: Cape Side Subdivision N.O.V., SW8 930803 From: "Phillip Tripp" <PTRlPp@ec.rr.com> Date: Tue, 27 Sep 2005 15:11:50 -0400 To: "Linda.Lewis" <Linda.Lewis@ncmail.net> Linda, We are completing the design of a Bio-Retention system on Lot No. 22 of Cape Side to treat runoff from the area in violation. We will be forwarding within the week. I am sorry for any inconvience to you. Thank You. Phil 1 I 1 of 1 9/27/2005 4:- I. . 'as a ervice M . CERTIFIED MAILT. RECEIPT 03 (Domestic Mail Only;No Insurance Coverage Provided) I= 0 a rig -. m 7y� r Postage $ P. d Certified Fee 1-4 �� r���4.0 -� C Postmark of t7 Return Receipt Fee i ] N► C (Endorsement Required) ere Cx Restricted Delivery Fee D I (Endorsement Required) 4 'r " Total Postage&Fees $ 4 4. VseLrl rl (g Sent To J er5oi Street,Apt.No.; or PO Box No. DU>'— co1 E�8 City,State,ZIP-f zfi . NC 2,Fq-70 PS Form 3000,June 2002 See Reverse for Instructions I SEDER: COMPLETE THIS SECTION COMPLETE rr is SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu:7 item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. ived Jo ,�y(Printed Name) I C.Date of Delivery • Attach this card to the back of the mailpiece, a or on the front if space permits. � D. Is deify ' ress ' -' from item 1? 0 Yes 1. Article Addressed to: If YES, ?ter ir'a i,,-.t)i,°.. law: ❑No --JC'.-F-F Sanderson 11 Uii'NQ-?y tA2iri inc., , v PbJ �'i3. iceT..-.. ��� �� Certified +, . -"flail $,_sI iU I+e, PC Z'g 4, ?Q ❑Registered - Return Receipt for Merchandise �I T _ ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2: AhleNumber 7005 0390 0001 3200 6844 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Qfi V4A7',9 Michael F. Easley, Governor (J' G William G. Ross,Jr., Secretary r- North Carolina Department of Environment and Natural Resources a =l 0 Alan W. Klimek, P.E. Director Division of Water Quality August 25, 2005 CERTIFIED MAIL #7005 0390 0001 3200 6844 RETURN RECEIPT REQUESTED Mr. Jeff Sanderson Whitney Blair, Inc. PO Box 6748 Shallotte, NC 28470 Subject: Notice of Violation Cape Side Subdivision Stormwater Project No. SW8 930803 Brunswick County Dear Mr. Sanderson: Enclosed please find the original signed Notice of Violation for the subject project, dated August 1, 2005, sent via certified mail #7004 2890 0002 3425 1623. The Notice was returned by the Post Office on August 23, 2005, as undeliverable because the forwarding order had expired. I obtained your new mailing address by calling your office at the phone number you provided to Tripp Engineering. Please note that the Division is extending the deadline for receipt of a written Plan of Action to September 25, 2005. On Tuesday, August 16, 2005, I met with you and your consultant, Phil Tripp, and discussed several possible resolutions of the violations at the subject project. However, I am resending the original August 1, 2005, Notice of Violation in order to have written confirmation that you have indeed received it. This letter also serves as a reminder that you need to submit a written Plan of Action, which provides information on the actions you propose to address the violations, and the time frame for completion of those actions, before September 25, 2005. I enjoyed meeting you last week, and I look forward to a speedy resolution of the violations. If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, (ec Linda Lewis Environmental Engineer II ENB\arl: S:\WQS\STORMWATER\NOTICE12005\930803.aug05 cc: Phil Tripp, P.E., Tripp Engineering Delaney Aycock, Brunswick County Building Inspections Linda Lewis North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Service1-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us e orthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ilVatura!!y Ng _ * Ngz 3• 05 - CE,IVED . 80 0 -*cc.(c-PPl.3or 1.i 4 oho' AUG232005 0c0 °, n � cu npc�p ° Y: 4 V 11 v' N O J rt ‘ .. . 4 ox cpx fJ v ilI r '' ItEL 0 .I.. AUG 2 3 2005 S .A...„/ to �� 3 r 1/41( tk.:i' c- q.,.. '5')/- -', o o n nK <14 Ir - 03o - 4Y ED Ni "� NimMnionni Z atpi D 0 CD N m v .—= $ CD CD ac n � � cu w � am o � LS O = m o rti �m , om Do F tri 3 G� 0 \\''‘ 1 °s V) C7 D n 0000 ca. j n O w coo3wy h u� > CD aOCm�co mo-o-n al e'` c 7. Ni ). . ��zz D o {{ 7a�Ly' Ta3O� CO 1 , illz-ui OWm a CD cT r -co 025<77,C t�` ry ZIyCOy 0 ih `c5�aaz o m z-6 ti w001710 Fb On Nwili 0 N:‘ moon N Nay s �: (7gD(5 — m ��MIM wM II el ill _ k fwr03 ��u m AV m. i� ? ! to 0el p� zs c V. l ni \ G 01 P Z `",'' i.'``,..?:'i n:' al m A d 3 2 FAT�c Michael F. Easley, Governor of h1 0\-\ ,,IJIJJc QG William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources 0 F Alan W. m , P.E. Director DivisionKli ofek Water Quality August 1, 2005 CERTIFIED MAIL #7004 2890 0002 3425 1623 RETURN RECEIPT REQUESTED Mr. Jeff Sanderson, President Coastal Developers, LLC 1829•E. Franklin Street, 900B Franklin Square Chapel Hill, NC 27514 Subject: NOTICE OF VIOLATION Cape Side Subdivision Stormwater Permit No. SW8 930803 Brunswick County Dear Mr. Sanderson: On May 7, 2003, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located off Georgetown Road near Calabash in Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 930803, issued to you on May 22, 2001. As a result of the inspection, the Division issued a Notice of Violation on May 8, 2003, for the project due to the fact that the front yards of several lots were piped and a copy of the recorded deed restrictions had not been submitted. The project has again been found in violation of Stormwater Permit Number SW8 930803, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Section 111.5- The permit is not transferable to any person or entity except after notice to and approval by the Director. Your request to transfer the permit was received on April 13, 2004. The Division responded on May 19, 2004, however the ongoing piping situation has not been resolved. Until the piping situation is resolved, the permit cannot be transferred, unless the POA is willing to take on the responsibility of modifying the site to comply with the stormwater permit. 2. Section 11.12- Within the time frame specified, the permittee shall submit a written time schedule to the Director for modifying the site the meet the minimum permit requirements. You have not responded to the Division's letter dated May 19, 2004, regarding the proposed remedy for the piping. Your consultant at the time, Ms. Arnie Drucker, P.E., of AB Consulting Engineers, and staff met on April 13, 2004, to discuss options for obtaining compliance prior to approving the Transfer of Ownership. To date, no proposal to deal with the existing piping has been received. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet h2o.enr.state.nc.us INgrthne Car011 aYa An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NaNrally August 1, 2005 • Cape Side Subdivision Stormwater Permit No. SW8 930803 Mod. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violations and a time frame for completion of those actions, on or before September 1, 2005. 2. Meet with the POA to determine the extent of the piping and how best to either remove the piping and restore the permitted roadside swale system, or modify the permit to a high density permit and provide a treatment system for the collected runoff. Failure to provide the "Plan of Action" by September 1, 2005, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 21-1.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Linda Lewis at (910) 796- 7404. • Sincere) Edward Beck Regional Supervisor Surface Water Protection Section ENB\arl: S:IWQSISTORMWATINOTICE1930803.aug05 cc: Arnie Drucker, P.E., AB Consulting Engineers Delaney Aycock, Brunswick County Building Inspections Theron Miller or Current President, Cape Side POA, Inc. Linda Lewis Central Office Page 2 of 2 Page 1 of 1 sot.w"• '..N North Carolina Dim PART E orTHE ' i '; Elaine F Marshall �� Secretary SECRETARY OF STATF PO Box 29822 Raleigh,NC 27628-0622 (919)807-2O00 Corporations Date: 8/1/2005 *Corporations Home olmportant Notice Click here to: 'Corporate Forms/Fees View Document Filings 'Corporations FAQ vTobacco Manufacturers Corporation Names 'Dissolution Reports "Non-Profit Reports Name Name Type `Verify Certification NC Cape Side Property Legal @Online Annual Reports Owners Association, Inc. g Links 'Secretary Of State Home Non-Profit Corporation Information 'Register for E-Procurement Dept. of Revenue SOSiD: 0593474 Legislation FID: 91999 Senate Bills e2001 Bill Summaries Status: Current-Active 'Annual Reports 1997 Date Formed: 6/6/2001 Corporations 1997 Citizenship: Domestic Other Legislation Search State of Inc.: NC t)By Corporate Name Duration: Perpetual 'For New Corporation 'By Registered Agent Registered Agent Online Orders &Start An Order Agent Name: Sanderson, Jeffrey L. oNew Payment Procedures Registered Office Address: 6263 Beach Drive, SW Contact Us Ocean Isle Beach NC 28469 ()Corporations Division °Secretary of State's web site Registered Mailing Print Address: ='Printable Page Principal Office Address: 6263 Beach Drive, SW Ocean Isle Beach NC 28469 Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site,please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=5343468 8/1/2005 SOSID: 0593474 State of North Carolina Date Filed: 6/6/2001 11:35 AM Department of the Secretary of State Elaine F. Marshall North Carolina Secretary of State TICLES OF 2 ! f 5 6 9 0 6 6 ANO PROFIT CORPORATION INCORPORATION Pursuant to §55A-2-02 of the General Statutes of North Carolina,the undersigned corporation does hereby submit these Articles of t-^r-ioration for the purpose of forr"-tg a nonprofit corporation. 1. The name of the corporation is: CAPE SIDE PROPERTY OWNERS ASSOCIATION, INC. 2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The street address and county of the initial registered office of the corporation is: Number and Street 6263 BEACH DR., SW City,State,Zip Code OCEAN ISLE BEACH, NC 28469 County BRUNSWICK 4. The mailing address if different from the street address of the initial registered office is: N/A 5. The name of the initial registered agent is: JEFFREY L. SANDERSON 6. The name and address of each incorporator is as follows: JEFFREY L. SANDERSON 1829 EAST FRANKLIN STREET 900 B FRANKLIN SQUARE CHAPEL HILL, NC 27514 7. (Check either a or b below.) a. X The corporation will have members. b.__The corporation will not have members. 8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. SEE ATTACHMENT "A" 9. Any other provisions which the corporation elects to include are attached.SEE ATTACHMENT "B" 10. The street address and county of the principal office of the corporation is: 6263 BEACH DR. , SW OCEAN ISLE BEACH NC 28469 County BRUNSWICK 11. The mailing address if different from the street address of the principal office is: N/A Revised January 2000 Form N-01 rORPOR ATT(1NR TITVTRUITT P 0 RON 146/7 RAT.PTC.H Nt:^7F76-nh97 12. These articles will be effective upon filing,unless a later time and/or date is specified: This is the day of JUNE ,20 01 . 0 04 I refln , JEFFREY L. SANDERSON pRATOR Type or print Incorporator's name and title, If any NOTES; 1. Filing fee is$60. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. Revised January 2000 Form N-01 cop TWA ATT(INS TITVISTf1N P 0 110X NA?? R AT.F.TCTT4 NC'.,7 ,-f1F,7/ ATTACHMENT "A" The nonprofit corporation is a mutual benefit corporation. Upon dissolution of the mutual benefit corporation,the remaining assets shall be distributed to its members, or if it has no members,to those persons to whom the corporation holds itself out as benefiting or serving. C - ATTACHMENT"B" a. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. b. Voting Rights. The Association shall have two (2)classes of voting membership. Class I. Class I members shall be all Owners excepting Declarant. Class I Members shall be entitled to one(1)vote for each Lot in which they hold the interest required for membership by Section(a) above. When more than one person holds such interest or interests in any Lot,the vote attributable to such Lot shall be exercised as such persons mutually determine,but in no event shall more than one (1) vote be cast with respect to any such Lot. Class II. The sole Class II Member shall be Declarant. The Class II Member shall be entitled to total votes in an amount equal to twice the number of the Class I votes plus one. The Class II membership shall cease and become converted to Class I membership upon the conveyance to Lot Owners of 80%of all Lots subject to this Declaration, or December 31. 2015.whichever first occurs. In addition, Declarant may terminate the Class II membership upon written notice to the Association. c. Meetings of Members. The By-Laws of the Association shall provide for an annual meeting of the Voting Members, and may make provisions for regular and special meetings of the Voting Members other than the annual meeting. Unless otherwise stated in the By-Laws or Declaration, a quorum for the transaction of business at any meeting of the Voting Members shall exist if fifty-one(51%) percent of the Voting Members are present at any meeting. So long as a quorum is present at the opening of the meeting, business may be transacted until adjournment notwithstanding the withdrawal of enough Voting Members to leave less than a quorum in attendance. Further, at any adjourned meeting at which a quorum is present at the reconvening of such meeting, any business may be transacted which might have been transacted at the original meeting and notwithstanding the withdrawal of enough Voting Members to leave less than a quorum. OF W ATe Michael F. Easley, Governor 4� William G. Ross Jr. Secretary North Carolina Department of Environment and Natural Resources t, _ Alan W. Klimek,P.E.,Director 0 m: Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 19, 2004 Mr. Jeff Sanderson, President Coastal Developers, LLC 1829 E. Franklin Street, 900B Franklin Square Chapel Hill, NC 27514 Subject: Transfer of Ownership Cape Side Subdivision Stormwater Project No. SW8 930803 Brunswick County Dear Mr. Sanderson: The Division of Water Quality received a request to transfer the Stormwater Management Permit from you to the Cape Side Property Owners Association, Inc., on April 13, 2004. The project is currently out of compliance with the permit. It is the Division's policy not to transfer a permit unless and until the project is in compliance. This allows the POA to begin with a system that is in.total compliance with the permit and avoids a large initial assessment of the membership to cover the costs of bringing the project into compliance. Several homeowners have piped their front yards, which is a violation of the permit, and is in conflict with Article VII, Section 26 of the covenants. As a third-party beneficiary of the covenants, to the extent necessary to enforce the Stormwater Management permit requirements, the Division is requesting that either the piping be removed, or an 'engineered system be designed to treat the runoff from this collection system. I met with your consultant on April 13, 2004, to discuss the available options. To date, I have not received a proposal to remedy this non-compliance. As the permittee of record, you are responsible for compliance with the permit conditions and enforcement of the covenants until such time as the permit transfer is approved. Your request for permit transfer is on hold pending resolution of the non- compliance. If you have any questions, please do not hesitate to call me at (910) 395- 3900. Sincerely, 4,;(24.) Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS120041930803.may04 cc: Arnie Drucker, P.E., ABCensulting Engineers Theron Miller, President, Cape Side POA, Inc. Delaney Aycock, Brunswick County Building Inspections Linda Lewis 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 MI 1M. Mar 17 04 11 : 57a Phillip Tripp 910-783-5631 p. 2 State of P r h Carolina Departm of Environment , ? ',_. and Natl esources RE E IVE D = _ Wilmington Regional Office James B. Hunt,Jr., Governor APR 3 2004kiiiKDENR Bill Ilolman,Secretary r��,p DWQ Division of Water Quailty PROJ# SCO q°30803 NORTHCAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM L CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: SW8 930803 Modification 1. Permit holder's name: Coastal Developers, LLC 2. Permit's signing official's name and title: Mr. Jeff Sanderson (Person legally responsible for permit) President (Title) 3. Mailing address: 1829 East Franklin Street, 900B Franklin Sauare City: Chapel Hill State: NC Zip Code: 27514 Phone: 919-967-7196 FAX: (Area Code and Number) (Area Code and Number) IL NEW OWNER/NAME INFORMATION: 1. This request is for: a. Change in ownership of property/company b. Name change of project or company. c. Other(please explain): 2. New owner'sname(nametobeputonpermit): Cabe Side;Property Owners Assoc. Inc. 3. New owner's signing official's name and title: 414 (P n loglegallocspole for permit) ilE°I' C.t l/ (Title) 4. Mailing address: `P.O. Box 6748 City: Shallotte State: NC Zip Code: 28470 Phone: ( 91 0)579-9994 FAX: (910 ) 579-9379 (Area Code and Number) (Area Code and Number) Mar 1'7 04 11 : 58a Phillip Tripp 910-763-5631 p. 3 PERMIT NAME /OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership Attached 3. A copy of the recorded deed restrictions, if required by the permit. Attached 4. The engineer's certification, if required by the permit. Not Required 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. Not Required CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGES,COMPLETE AND SIGN THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, Jeff Sanderson , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my owledge. I understand that if all required parts of this application are not completed and that if all requirl Fupp g information and attachments are not included, this application package will be returned as '. Signature: ' *'07° Date: Applicant's Certification: I, /ff' wii J17/tL , attest that this application for a name/ownership change has been reviewed and 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 are not included,this application package will be returned as incomplete. ��/,/ �� Signature: ,d l �''�`� Date: /P D V THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 ATTN:Linda Lewis , _, , d:,„�"-�, NORTH CAROLINA ti, ' x' + ' Department of The Secretary of State 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 ARTICLES OF INCORPORATION OF CAPE SIDE PROPERTY OWNERS ASSOCIATION, INC. the original of which was filed in this office on the 6th day of June, 2001. r ` 14 '�° IN WITNESS WHEREOF,I have hereunto �� z set my hand and affixed my official seal at the "` `:# • City of Raleigh,this 6th day of June,2001 r4,,-f:6 4.3.,..c, ,....4: e;;;ra‘44•ta• ,..,_.,‘.,-,e . . Secretary of State Document Id: 211569066 SOSID: 0593474 State of North Carolina Date Filed: 6/6/2001 11:35 AM Department of the Secretary of State ol F. Marshall North Caarrolinna Secretary of State 21 156 9066 ARTICLES NONPROFIT CORPORATION INCORPORATION Pursuant to§55A-2-02 of the General Statutes of North Carolina,the undersigned corporation does hereby submit these Articles of T..^r-Nration for the purpose of forr is a nonprofit corporation. 1. The name of the corporation is: CAPE SIDE PROPERTY OWNERS ASSOCIATION t INC. 2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The street address and county of the initial registered office of the corporation is: Number and Street 6263 BEACH DR., SW City,State,Zip Code OCEAN ISLE BEACH, NC 28469 County BRUNSWICK 4. The mailing address if different from the street address of the initial registered office is: N/A 5. The name of the initial registered agent is: JEFFREY L. SANDERSON 6. The name and address of each incorporator is as follows: JEFFREY L. SANDERSON 1829 EAST FRANKLIN STREET 900 B FRANKLIN SQUARE CHAPEL HILL, NC 27514 7. (Check either a or b below.) a. x The corporation will have members. b. The corporation will not have members. 8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. SEE ATTACHMENT "A" 9. Any other provisions which the corporation elects to include are attached.SEE ATTACHMENT "B" 10. The street address and county of the principal office of the corporation is: 6263 BEACH DR. , SW OCEAN ISLE BEACH NC 28469 County BRUNSWICK 11. The mailing address If different from the street address of the principal office is: N/A Revised January 2000 Form N-01 CflRPf1R ATTf1NS T)TVTCTf1N P 0 Rnx 79677 R AT FTON Nf'^769A-l1677 12. These articles will be effective upon filing,unless a later time and/or date is specified: d-- This is the 7 day of JUNE ,20 01 tOte ---N JEFFREY L. SANDERSON INCORPORATOR Type or print Incorporator's name and title, if any NOTES: 1. Filing fee is$60. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. Revised January 2000 Form N-01 C':C)RPOR ATT0NS DM-STOW P 0 ROY 7.907. R AT.P.TCH NC'77676_0677 ATTACHMENT"A" The nonprofit corporation is a mutual benefit corporation. Upon dissolution of the mutual benefit corporation, the remaining assets shall be distributed to its members, or if it has no members,to those persons to whom the corporation holds itself out as benefiting or serving. ATTACHMENT"B" a. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. b. Voting Rights. The Association shall have two (2) classes of voting membership. Class I. Class I members shall be all Owners excepting Declarant. Class I Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Section(a) above. When more than one person holds such interest or interests in any Lot,the vote attributable to such Lot shall be exercised as such persons mutually determine,but in no event shall more than one (1)vote be cast with respect to any such Lot. Class II. The sole Class II Member shall be Declarant. The Class II Member shall be entitled to total votes in an amount equal to twice the number of the Class I votes plus one. The Class II membership shall cease and become converted to Class I membership upon the conveyance to Lot Owners of 80% of all Lots subject to this Declaration, or December 31,2015,whichever first occurs. In addition, Declarant may terminate the Class II membership upon written notice to the Association. c. Meetings of Members. The By-Laws of the Association shall provide for an annual meeting of the Voting Members, and may make provisions for regular and special meetings of the Voting Members other than the annual meeting. Unless otherwise stated in the By-Laws or Declaration, a quorum for the transaction of business at any meeting of the Voting Members shall exist if fifty-one (51%) percent of the Voting Members are present at any meeting. So long as a quorum is present at the opening of the meeting, business may be transacted until adjournment notwithstanding the withdrawal of enough Voting Members to leave less than a quorum in attendance. Further, at any adjourned meeting at which a quorum is present at the reconvening of such meeting, any business may be transacted which might have been transacted at the original meeting and notwithstanding the withdrawal of enough Voting Members to leave less than a quorum. SOSID:0593474 Date Filed:3/12/2012 9:55:00 AM Elaine F.Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C201206600553 NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE Pursuant to §55A-16-23(b)of the General Statutes of North Carolina,the undersigned nonprofit corporation does hereby submit the following for the purpose of changing its principal office address currently on file with the Secretary of State. INFORMATION CURRENTLY ON FILE The name of the corporation is: Cape Side Property Owners Association,Inc. The street address and county of the principal office of the corporation currently on file is: Number and Street: 341 South College Road,Suite 11, PMB 1092 City,State,Zip Code: Wilmington, NC 28403 County: New Hanover The mailing address fdifferent from Me street address of the principal office currently on file is: NEW INFORMATION I. The street address and county of the new principal office of the corporation is: Number and Sweet: do Premier Management Company, 1213 Culbreth Drive City,State,Zip Code: Wilmington,NC 28405 County: New Hanover 2. The mailing address if different from the street address of the new principal office is: P.O. Box 12051,Wilmington,North Carolina 28405 3. This statement will be effective upon filing,unless a later date and/or time is specified: This is the h"•S f day of e. :;";.,. ,201. . Cape Side Property.. wners Msociation,Inc. / 'its of C: r Oro' n 44,1.1 -11 Type.or rini Name and Title rust d oi^•' NOTES: • i. Filing fee is$5. This statement and one exact or conformed copy of it must be filed with the Secretary of State, Revised January 2000 Form N-12 CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622 SOSID: 0593474 State of North Carolina Date Filed: 6/6/2001 11:35 AM Department of the Secretary of State Elaine F. Marshall North Carolina Secretary of State 2 I ' 5 6 3 0 6 ARTICLES NONPRO F T C INCORPORATION CORPORATION Pursuant to§55A-2-02 of the General Statutes of North Carolina,the undersigned corporation does hereby submit these Articles of r-^ -notation for the purpose of forr'-ZS a nonprofit corporation. I. The name of the corporation is: CAPE SIDE PROPERTY OWNERS ASSOCIATION, INC. 2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The street address and county of the initial registered office of the corporation is: Number and Street 6263 BEACH DR. , SW City,State,Zip Code OCEAN ISLE BEACH, NC 28469 County BRUNSWICK 4. The mailing address if different from the street address of the initial registered office is: N/A 5. The name of the initial registered agent is: JEFFREY L. SANDERSON 6. The name and address of each incorporator is as follows: JEFFREY L. SANDERSON 1829 EAST FRANKLIN STREET 900 B FRANKLIN SQUARE CHAPEL HILL, NC 27514 7. (Check either a or b below.) a. x The corporation will have members. b. The corporation will not have members. 8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. SEE ATTACHMENT "A" 9. Any other provisions which the corporation elects to include are attached.SEE ATTACHMENT "B" 10. The street address and county of the principal office of the corporation is: 6263 BEACH DR. , SW OCEAN ISLE BEACH NC 28469 County BRUNSWICK 11. The mailing address if different jerent from the street address of the principal office is: N/A Revised January 2000 Form N-01 C'ClRPOR AT1CINS TNVTRTON P (1 ROY 79677 R Ai.FT(TH NC.77f.76-(1fi77 12. These articles will be effective upon filing,unless a later time and/or date is specified: This is the day of JUNE ,20 01 . • ire .fInc o • ORATOR JEFFREY L. SANDERSON Type or print Incorporator name and title, if any NOTES; 1. Filing fee is$60. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. Revised January 2000 Form N-01 CYIRPnR ATTnNS 11TVTST0N P 0 RC)X 996,9 R AT.RT0H NC 7767A-(1679 ATTACHMENT"A" The nonprofit corporation is a mutual benefit corporation. Upon dissolution of the mutual benefit corporation, the remaining assets shall be distributed to its members, or if it has no members,to those persons to whom the corporation holds itself out as benefiting or serving. ATTACHMENT"B" a. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. b. Voting Rights. The Association shall have two (2)classes of voting membership. Class I. Class I members shall be all Owners excepting Declarant. Class I Members shall be entitled to one (1)vote for each Lot in which they hold the interest required for membership by Section(a) above. When more than one person holds such interest or interests in any Lot,the vote attributable to such Lot shall be exercised as such persons mutually determine, but in no event shall more than one (1) vote be cast with respect to any such Lot. Class II. The sole Class II Member shall be Declarant. The Class II Member shall be entitled to total votes in an amount equal to twice the number of the Class I votes plus one. The Class II membership shall cease and become converted to Class I membership upon the conveyance to Lot Owners of 80%of all Lots subject to this Declaration, or December 31, 2015. whichever first occurs. In addition, Declarant may terminate the Class II membership upon written notice to the Association. c. Meetings of Members. The By-Laws of the Association shall provide for an annual meeting of the Voting Members, and may make provisions for regular and special meetings of the Voting Members other than the annual meeting. Unless otherwise stated in the By-Laws or Declaration, a quorum for the transaction of business at any meeting of the Voting Members shall exist if fifty-one (51%) percent of the Voting Members are present at any meeting. So Iong as a quorum is present at the opening of the meeting, business may be transacted until adjournment notwithstanding the withdrawal of enough Voting Members to leave less than a quorum in attendance. Further, at any adjourned meeting at which a quorum is present at the reconvening of such meeting, any business may be transacted which might have been transacted at the original meeting and notwithstanding the withdrawal of enough Voting Members to leave less than a quorum. 1. . '0s a el'viceTM CERTIPVED MAILTM RECEIPT ru (Domestic Mail Only;No insurance Coverage Provided) For delivery Information visit our website at www.usps.corns ..D m' �E Postage —0 V Certified Fee + 30 p Pew5-nark 9 Return Reciept Fee )ti (Endorsement Required) Here CI Restricted Delivery.Fee r 4 (Endorsement Required) ru Total Postage&Fees (IS it3 2. �� r A n_I ►r p Sent To JJ1s S /orsc r- Street,Apt No.:/g� t .�.,.?i�N`�IIYI Sf I a,13 74 or PO Box No. City,State,ZIP+4Chg ,l o/ / Iv A tC zi slP IPSIFo 039D.0„akr.ke.,2Q See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig ure item 4 if Restricted Delivery is desired. i -❑A nt • Print your name and address on the reverse y 0 dressee so that we can return the card to you. B. Received by(Print Name) C. D e of)elivery • Attach this card to the back of the mailpiece, 5i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ s If YES,enter delivery address below: 0 No Zef? Sario1erson Cot si 2I DaveIop rst LLC 18z Ft--- 70i St. 9065 — A ,/� 3. Service Type C . i ,�/1. 2 7 5(4 Certified Mail ❑ Express Mail Mil/ 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7002 2 410 0006 9367 9242 , PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-OE QF SAT€R `Q� pG Michael F. Easley, Governor cad William G. Ross Jr., Secretary j North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality May 8, 2003 CERTIFIED MAIL #7002 2410 0006 9367 9242 RETURN RECEIPT REQUESTED Mr. Jeff Sanderson, President Coastal Developers, LLC 1829 East Franklin Street, 900B Chapel Hill, NC 27514 Subject: NOTICE OF VIOLATION Cape Side Subdivision Stormwater Permit No. SW8 930803 Brunswick County Dear Mr. Sanderson: On May 7, 2003, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located off Georgetown Road near Calabash, in Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 930803 Modification, issued to you on May 22, 2001. The project has been found in violation of Stormwater Permit Number SW8 930803 Modification, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Condition 11.7- No piping shall be allowed except that minimum amount needed to direct runoff beneath an impervious surface such as a road, and that minimum amount needed under a driveway to provide access to a lot. Several of the lots (including the model home & sales lot) have piped their entire road frontages or large portions thereof, and added catch basins. 2. Conditions 11.4 and 11.5- Deed restrictions must be recorded prior to the sale of any lot, and a copy must be submitted within 30 days of recording. I am unable to verify that deed restrictions have been recorded, and a copy of the required deed restrictions has not been submitted. To correct these violations you must : 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violations and a time frame for completion of those actions, on or before June 8, 2003. 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 : . May 8, 2003 Mr. Sanderson Stormwater Permit No. SW8 930803 2. The use of extensive piping is considered a collection system, and will result in the subdivision being considered a high density project. A high density project must treat runoff in an engineered system. Please either submit a modification to this permit proposing an engineered system, or pull out the piping and restore the vegetated roadside swale, per the approved plans. 3. Submit a copy of the recorded deed restrictions which include all of the statements as found in Condition 11.4 of the permit. Failure to provide the "Plan of Action" by June 8, 2003, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Linda Lewis at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS:larl S:IWQS\STORMWAT\NOTICE1930803.may03 cc: Phil Tripp, P.E. Delaney Aycock, Brunswick County Building Inspections Linda Lewis Central Office 2 A ENGINEERING • PLANNING Consulting Engineers, PLL POST OFFICE BOX 538 + t.i' t I TEL (843)280-5870 • NORTH MYRTLE BEACH, SC 29597 FAX: (843)280-5870 May 27,2003 . Ms.Linda Lewis NCDENR Division of Environmental Management Water Quality Section 127 Cardinal Drive Extension Ck(243 Wilmington,NC 28405-3845 Re: Cape Side Subdivision Old Georgetown Road Brunswick County,North Carolina SW8 930803 Dear Linda: Pursuant to a Notice of Violation issued for the above referenced project on May 8,2003,we offer the following. 1. Unaware of who issued the violation,we spoke to Rick Shiver last week regarding the few lots that the homeowner's have piped in the 78 lot subdivision. He indicated he would speak to you and have you contact our office regarding a"Plan of Action"to revise the permit in order to retain the piping that is in place and restrict any further piping of the roadside swales. The developer has indicated the existing piping in the swales has been installed by the individual lot owners,not the original developer. In order to prohibit piping of additional areas,the developer has suggested including a clause in future sales agreements to make buyers aware piping swales is not permitted. 2. Enclosed please find a copy of the""Declaration of Restrictions and Protective Covenants for Cape Side Subdivision",recorded 6/29/01 at the Brunswick County Register of Deeds. We look forward to hearing from you so that we may resolve this matter as soon as possible. Thank you very much for your assistance. Sincerely, A B Consulting Engineers,PLLC Arnie S.Drucker,P.E. cc: Jeff Sanderson,Coastal.Developers,LLC. , 910-579-9379 Entity Names http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?52954 North Carolina I : ElaineMarshallA T M ENT F i,-IL Secretary E .► ET Y : OFSTATE PO nUA 29812 Raleitet.NC 2.762 622 (919)807-2000 NC Corporations _ Date:5/8/2003 aCorporations Home Document Filings ,; portant Notice @Corporate Farms Corporation Names oCorporations FAQ *New Farm Notice 'Tobacco Manufacturers Name Name Type 'Verify Certification Coastal Developers, LLC Legal 'Online Annual neaI o-ts Limited Liability Company Information #Secrecy Of State Home - @Business License SOSID: 0572876 `DRegister for E-Procurement a I=`' •of Revenue Status: Current-Active Le.islation .1999 Senate Bills Date Formed: 12/6/2000 r2001 Bill Summaries Citizenship: Annual Reports 1997 Domestic Corporations 1997 State of Inc.: NC einition Duration: 12/31/2050 aBy Corporate Name Registered Agent For New Corporation = Re t istered A•=nt Online Orders Agent Name: Biggs,Jonathan W @Start An Order Registered Office Address: 122 East Parrish St ''New Payment Procedures Durham NC 27701 Registered Mailing Address: 1829 East Franklin St., 900 B Franklin Square Chapel Hill NC 27514 Principal Office Address: 1829 East Franklin St.,900 B Franklin Square Chapel Hill NC 27514 Principal Mailing Address: No Address File Your Online Annual Report For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to For questions or comments concerning the Corporations Division, please send e-mail to Corporations Ai Click here for help downloading forms. 1 of 1 5/8/2003 4:01 PM SOSID: 572876 State of North Carolina Date Filed: 12/6/2000 4:45 PM Department of the Secretary of State Elaine F. Marshall North Carolina Secretary of State LIMITED LIABILITY COMPANY Z 0 3 2 ARTICLES OF ORGANIZATION COASTAL DEVELOPERS, LLC Pursuant to§57C-2-20 of the General Statutes of North Carolina,the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. I. NAME:The name of the limited liability company is: COASTAL DEVELOPERS,LLC. 2. TERM: The latest date on which the limited liability company is to dissolve is: December 31,2050. 3. ORGANIZERS/INITIAL MEMBERS: The name and address of each organizer executing these articles of organization is as follows: JEFFREY L. SANDERSON 1829 EAST FRANKLIN STREET 900B FRANKLIN SQUARE CHAPEL HILL,NORTH CAROLINA 27514 4. REGISTERED ADDRESS: The street address and county of the initial registered office of the limited liability company is: Number and Street: 122 EAST PARRISH STREET City, State,Zip Code: DURHAM,NORTH CAROLINA 27701 County: DURHAM COUNTY 5. MAILING ADDRESS: The mailing address is: Number and Street: 1829 EAST FRANKLIN STREET 900B FRANKLIN SQUARE City,State,Zip Code: CHAPEL HILL,NORTH CAROLINA 27514 6. REGISTERED AGENT: The name of the initial registered agent is:JONATHAN W.BIGGS. 7. MANAGER-MANAGED LLC: Except as provided by N.C.G.S.§57C-3-20(a),the members of this limited liability company shall not be managers by virtue by their status as members. 8. EFFECTIVE DATE: These articles will be effective upon filing. This 5 da of 2000. J ffr pan non,0 M./Member/Manager .ceamitittagiage/mem,t5toto, Srtanm1.611. zacchta/R a o �r A 2s ezedina �p�/�p MAY 3 0 2001 I 91 - 52 0/9 �y 'T1,...tRant .. 2.foul wife 94 SPAgowney ShanchVas gad 91 g44Aett di04441011b 3805 941,14vilk aiverute y.Wiaiso g""te6 Wilmington,are 2&403 May 29, 2001 Ms. Scott Vincent NC Division of Water Quality 127 Cardinal Drive Ski✓ 7 3 D�� �� Wilmington, NC 28405 RE: Georgetown Estates Brunswick County Dear Mr. Vincent: I wanted to send you this to follow up on our telephone conversation this morning regarding the above mentioned property. It is my understanding from talking with Mr. Jeff Sanderson of Whitney Blair and Joanne Steenhuis of DWQ that concern had been raised regarding the wetland road crossing permit at the property. Rob Moul and I have done some investigation and found that the roads had been previously installed under a permit. I have enclosed a letter from Steve Craft of L.M. McLamb and& Son Construction stating that the work was done for a previous landowner. Thank you for your assistance in this matter. Please feel free to contact me if you have questions. I will send this to you via fax and regular mail. Sincerely: 11/1 -2 Paul M. Farley Wetland Scientist cc: Mr. Jeff Sanderson, Whitney Blair Ms. Joanne Steenhuis, DWQ Mr. Phil Tripp, Tripp Engineering Mr. Steve Craft, I M. McLamb&Son Construction 05/29/01 TUE 08:16 FA% 919 967 8994_ �9HITNEY BLAIR INC �1002 -.•.�^4LAM$ S SONS 916 2S7 4636 P. 61 42E d dr Sue eoa McLamb Rd, N.W, Calabash,NC67 Chace(9101 297•ee8A RE CEIV Fax(Gm ae74830 D MAY 3 3 :3°1 Date; May 28. $001 CwGl Re; Land Ma pROJ# �Management Group 3805 9 ve Ave. 0.142motgton, NC 21405 Aunt Pau2 Faattey Reg: Geo'tgeatown Eatated. kart Pad a: Co. TBeginning on eptemhek on on,Geo93, L M McLamb a Son ConstkaWon, Co. rded Buda Na 9 satateb, oak ecope o6 ( oak flna.Znagd , Tn6 Hogging, Cteak L Gkabb o6 Right - 06 - Way Sato pka. age was Ong Etec tit{ct Sezu•ieea, and Gkading Ught a6 -Way. peRgwcmed gok Azo'e Mauthe t Ti you need addi,tLonat tn6okma tLon, pteaae cafe, Sincekely. Ste C+tadt L.Mve. Mc.L Son Cona.tkuction, Co. Tim. t By LAND MANAGEMENT; 910 452 0060 ; May-29-01 11 :14AM; Page 1 ly• Y �t J t N �s 64: LAND MANAGEMENT GROUP, INC. EIVET✓ Environmental Consultants 25 2001 Post Office Box 2522 Wilmington, North Carolina 28402 "`� PHONE No: 910-452-0001 L3. a„«, .� FAX No: 910-452-0060 :k z �`: Pu Robert L. Moul Suite.14 .4, Larry F. Baldwin Downey Branch Offic .P '" W. Stephen Morrison 3805 Wrightsville Ave :u ., G. Craig Turner Wilmington, NC 284031 10 PLEASE DELIVER THE FOLLOWING DOCUMENT(S) TO: 4,f�r1),::; TOP t: ‘ THIS TR NSMITTAL IS FROM: ' V1riU L f7)2t -i : t• NUMBER OF PAGES ''' (INCLUDING THIS CO ) DATE: S 1.Zo7/`)' TIME OF TRANSMISSION: . , 7 TIME RECEIVED: __• C n — k_ ka.% Wz r , s S v 4.g. .zt. . er,..l L e!"_;... t rr7 e o p it 1,b '..' *1- .—f(vim.. ti` �' fi �.. Ids .. ti 0.--iiit • t � - ._- q ... ._..... ..... .. az any;si,. k;; . ':,' ..a,:1::r I Sant By: LAND MANAGEMENT; 910 452 0060 ; May-29-01 11 :15AM; Page 2/3 genie/tit/6//nAve./znAfFini 54,..)teA, Atc. :,,:, ,,..0 ;f: cow: 6,„„4.0,..ta won...A.4 ,;: ,.; , ,, ,,,,.D 4, ;,,,? ,,..:,, , Vcionigafters,AA Wawa= 28402 910-4S9-0001 S :,)1 9f,S soma• Y '' Areas ,.. to4';v , May 29, 2001 y 3 ' . ,„. ,,. 10 Ms. Scott Vincent ., t,t1v NC Division of Water Qualityak ° aiF�i'Y`'` 127 Cardinal Drive 44:, Wilmington, NC 28405 ,(? "`` {.,,,, �.. ;WO Estates {\t f��i`: RE' Georgetown E �: tiat; Brunswick County . ,' ''. pi n„ f.4' Dear Mr. Vincent `` `') i I wanted to send you this to follow up on our telephone conversation this morning regardi ;w• t"��',. above mentioned property. It is my understanding from talking with Mr. Jeff Sanderson of Whitt ,,:, and Joanne Steenhuis of DWQ that concern had been raised regarding the wetland road crossi ,. • _,' „, at the property. Rob Moul and I have done some investigation and found that the roads•had beef. 4,1 previously installed under a permit. I have endosed a letter from Steve Craft of L.M. McLamb an : ,•,r: Son Construction stating that the work was done for a previous landowner. ,4. Thank you for your assistance in this matter. Please feel free to Contact me if you have p ., questions. I will send this to you via fax and regular mail. . .:. Sincerely: ii -'''t p,„),.- __:----„7 „. „, 0.• 4,4 :, Paul M. Farley 4 ""' 3;: I.' ',11 Wetland Scientist t cc: Mr. Jeff Sanderson, Whitney Blair W,N Ms. Joanne Steenhuis, DWQ Mr. Phil Tripp, Tripp Engineering iw:A, to Mr. St ue craft, I__M_ McLarnb&Son Construction 03::; fir' is .;f: sE; h4ii1)'1,: vi,;:.�,, .1i 4 j�in��� "�` 1t gvi)�� n/� Sent By: LAND MANAGEMENT; 910 452 0060 ; May 29-01 11 :15AM; Page 3/3 vU' rar V1 sum VU.iv 14A.ELO voi „pypiy 011iWi Y CLA1K 11V1: i �002 - f•.A M a az S30 N S 51 7;a;��s: Z�? 4636 r. sip P- OY 4 PI .42r rd if SOS z *V Im. en Melanie Ad. N.W. n; Caliba.A, NC 29467 ` Olds.NMI NN7•NNNN t ik } OA ? P' , • fl; �a�� Vale, May 2001 '{''"" w,.r�„? Re: Land Ma W;;',Management G+lot{p sV ?l✓.: 3803 av 6„ ,;,;m! 9e Ave. • a};; ;; WaM4ng#on, MC 2140 ';i''Y alma Para Fatley uY:�r Rah 4 Rai: Geatg e#.own Eatated. rw ., VetM�, Pgut: w4. Befinlang on Septesivt 16, 1943, L N McLamb I Son Co* it Co. Inc. began. eahattrtct an on Gnatgetown Eatatea, oral scope of wwoa3k g bta uded 8ujk N_ogging, Cleat g Gtrabb of Ught - o a�eadreage , t,ra 6 - Fay Seto ,. ` TiIZ4 wvak wad PeA4o4ated to a Mattu.a SeeuZcea ,Inc.. R<g1 06 -day. n ` Ti you need addLtto+lat 4n8oemation, ?Omit mt.!. :;i:;;Vri st .i,!.,•,.!:. ,' •Steve Ctadx t,,. L.M. M"/ C . Sore onaucc ion, Co. Inc.I :a! L k; ii ri ' i 'ro \i �k;k;A{{ k. • t lq 7 U��/i�aij�ilit .t2 7�ti`li\tY. f)sE t''111(rr1,y. ...;i;:• f,t4,4�'ri .�fiyl2c • v AR. MN \ r