SW8970839_HISTORICAL FILE_20160915

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW �q
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 15, 2016
Haddon Allen, Manager
Benser, LLC
2413 Mimosa Place
Wilmington, NC 28403
PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Thomas Kern Carlton, III, Manager
Benser, LLC
1600 Biltmore Dr.
Wilmington, NC 28403
Subject: Notice of Permit Extension and Renewal Request
State Stormwater Management Permit No. SW8 970839
The Enclave Townhomes
New Hanover County
Dear Mr. Allen and Mr. Carlton:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified, transferred, or renewed. Please note that this letter references DEMLR as the Division
responsible for issuance of the permit.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit,
which was set to expire on August 12, 2012, shall now be effective from the date of issuance until August
12, 2016, which includes all available extensions.
State Stormwater Management Permit #SW8 970839 for the subject project was last issued on August 12,
2002 to Benser, LLC and expired on August 12, 2016 and as noted above. Per 15A NCAC 2H.1003(h)
(the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00.
Please complete and submit a renewal application prior to October 17, 2016. The renewal application
can be found at the following website under the Applications Forms section:
htt )s://de .lie. gov/abotit/divisions/ever N!-mineral-land-resources/eiier gv-mineral-land-
permits/stormwater-hermits/forms. Please note that if they have not already been submitted to the
Division, the permit renewal request must be accompanied by the required Designer's Certification and
the recorded documents (if applicable).
Additionally, a review of the North Carolina Secretary of State corporation's database revealed that the
LLC was administratively dissolved. Please note that Pursuant to NCGS 55-14-05(a), a dissolved
corporate entity continues its corporate business but may not carry on any business except those acts
necessary to wind up and liquidate its business and affairs. Please be advised that you are required to
comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A
North Carolina Administrative Code 2H .1003 and North Carolina'General Statute 143-214.7 until you
submit the required Name/Ownership Change Form to the Division and receive approval from the
Division to transfer the permit. This includes providing the necessary operation and maintenance of the
permitted stormwater system. The Name/Ownership Change Forms are available on our website at:
hirps:/ldeq.nc.-ov/ahout/d iv i,ions/energ_y-m iitei-al-land-resources!energy '-la7ineral-land-
perm it s/sto no %vate r-perm Lit s/foal t s.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. NC 28405
910 796 7215

Mate Stormwater Permit No. SWR 970839
Page 2 of 2
The operation of the stormwater treatment system without a valid and active permit, and/or failure to
provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment
system, are violations of NCGS 143 Article 21 and may result in appropriate enforcement action. If you
have any questions regarding this matter, please contact Christine Hall at [phone] or
christine.hal [e-mail].
Sincerely,'
p
A; Tracy Davis, P.E. Director
Division of Energy, Mineral and Land Resources
GDS/canh: 111StormwaterlPerm1'ts & Prejects11997\970839 I ID12016 09 req_ren 970839
cc: Wilmington Regional Office rile
State of North Carolina I Environmental Quality I Energy. Mineral and band Resources
Wilmington Regional Office 1 127 Cardinal Drive Fxtension I Wilmington. NC 28405
910 796 7215

Corporations Division
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY aF STATE
r, +� PO Box 29522 Raleigh, NC 27626-0622 [phone] Account
Login
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View Document Filings File an Annual Report Amend a Previous Annual Report
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Corporate Names
Legal: Benser, LLC
Limited Liability Company Information
Sosld: 0572582
Status: Admin. Dissolved
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 12/5/2000
Fiscal Month: December
State of Incorporation: NC
Registered Agent: Allen, Walser H, III
Corporate Addresses
Mailing:
2413 Mimosa Place
Wilmington, NC 28403
Principal Office:
2413 Mimosa Place
Wilmington, NC 28403
Reg Office:
2413 Mimosa Place
Wilmington, NC 28403.
Reg Mailing:
2413 Mimosa Place
Wilmington, NC 28403
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20
Manager: Walser H Allen , III '
2413 Mimosa Place
Wilmington NC 28403
Manager: Thomas Kern Carlton , III
1600 Biltmore Dr,
Charlotte NC 28207
https;I/www.sosnc.gov/Searchlprofcorp/5295212 1/1

MC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
July 24, 2012
Mr, Haddon Allen, President
Benser, LLC
2413 Mimosa Place
Wilmington, NC 28403
Division of Water Quality
Charles Wakild, P. E.
Director
Subject: Notice of Deficiency and Request for Permit Transfer
NOD 2012-PC-0150
The Enclave
Stormwater Permit No. SW8 970839
New Hanover County
Dear Mr. Allen:
Dee freeman
Secretary
On February 23, 2012, the Wilmington Regional Office of the Division of Water Quality (DWQ)
issued a Notice of Inspection for the Enclave in New Hanover County in order to resolve
compliance issues with Stormwater Management Permit Number SW8 970839 modified on
August 12, 2002. A recent DWQ tile review has revealed that a response to this letter has not
yet been received. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the previous inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. A written response with a schedule to bring this site into compliance in response to the
Notice of inspection sent on February 23, 2012 has not been received.
Section 11.14 of the permit requires the permittee to respond within the provided
timeframe with a written time schedule to bring this site into compliance.
The stormwater collection system to the north and west of the property couldn't be
identified during the site inspection through the brush and debris. Please restore the
collection system to ensure and demonstrate that the runoff is directed to the
infiltration basin.
Section 1.5 of the permit requires the runoff from all built -upon area within the permitted
drainage area of this project to be directed into the permitted stormwater control
system. Section 11. 13 requires the permittee to maintain compliance with the proposed
built -upon area and ensure that the runoff from all built -upon area is directed to the
permitted system.
3. During the file review, it was discovered that the permittee, Benser, LLC, was
administratively dissolved through the Secretary of State on August 26, 2010.
Pursuant to N.C. Gen. Stat. § 55-14-05(a): A dissolved corporation continues its
corporate existence but may not carry on any business except that appropriate to wind
up and liquidate its business and affairs, including: (5) Doing every other act necessary
to wind up and liquidate its business and affairs. Even though Benser, LLC has
dissolved, as the permitted of record, it is your responsibility to verity the site is
constructed as per all the permit conditions, initiate the permit transfer to an
appropriate legal entity, such as a Home Owners Association, and remain
responsible for all permit compliance until the transfer is approved. Once the
compliance items are resolved and the site is found to be in compliance, transfer the
permit to the new owners.
Section 111.9 of the permit requires the permittee to notify DWQ within 30 days of any
name, ownership, or mailing address changes. Section ill. 9 of the permit notes that it
is not transferable and that a formal permit request must be submitted to the Division
for approval.
Wilmington Regional Once
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone]LFAX:910-350-20M4 DENRAssistance: 1-877-623.6748 NorthCarolina
Inlemet: www.ncwaterquality.org 'J,' "
alum ly
An Equal Opportunity 1 Affirmative Action Employer �/ V

I
Please inform this Office in writing before August 23, 2012, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written plan of
action is not submitted to this office by August 23, 2012 then DWQ staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
If you have any questions, please contact Christine Nelson at the Wilmington Regional Office,
telephone number [phone],
Since ly,
G
(�)• SLC'�
Georgette Scott
State Stormwater Supervisor
GOS/can: S:1WQS1Stormwater\Permits & Projects119971970839 HD12012 07 NOD 970839
enc: Compliance Inspection Report
cc: W. Haddon Allen, III, Director, Buffalo Construction, Inc, 6060 Dutchmans Ln, Suite 300,
Louisville, KY 40205
Stephen Sulkey, Registered Agent. Port City Commons Owner Association, Inc., 3530
Lewis Loop Rd, SE, Bolivia, NC 28422
Karen Higgins, WBS-CPU
WiRO File

Our Team I Buffalo Construction, Inc..
Scott A. Gregor— President
"Building Better" since: March 1997 (company formed)
Page 2 of 3
"'Building Better!' simply means doing the right thing every time. We will always do what is
right for the customer, no matter what it costs. We are about building long-term relationships
and our ultimate goal is to deliver a final product that exceeds expectations."
John Hunter — Chief Financial Officer
"Building Better" since: January 2006
"Our billing process is a big strength. Being accurate and timely minimizes paperwork for our
customers and that's a huge plus. We want our customers to say, `Boy, that was easy. We will use
those guys again."'
Abe Abraham — Vice President
"Building Better" since: November 2000
"We have been on the other side, so we know what owners are doing and what they are
concerned about."
Andy Gregor— Director
"Building Better" since: March 1997
"Our field superintendents are the best in the business. They are the people who are making it
happen every day."
W. Haddon Allen III — Director, Business Development
"Building Better" since: October 2007 .5o :? 7/0- f ` 3 k 2
"From the initial development of our client relationships, and as the baton is passed from
estimating to operations to closeout, Buffalo Construction, Inc. constantly exemplifies our motto
of `Building Better'."
Brett Norton — Chief Estimator
"Building Better" since: September 2003
"Every build we do is treated like it is our only build. We will do whatever we have to do to
satisfy the customer. We understand that without them there is no Buffalo Construction, Inc."
hitp:llwww.buffaloconstruction.com/company-info/our-team 1/13/2012

Our Team I Buffalo Construction, Inc.
Page 1 of 3
Been There... Built That!
[phone] 1 infonbuffaloconstruction.com
Our Team
Buffalo Construction, Inc. employs the best people, both professionally and personally, to make sure we keep our
customers satisfied. Meet some key members of our team:
http://www.buffaloconstruction.com/company-info/our-team 1/13/2012

North Carolina Secretary of State
Page 1 of 1
Elaine F. Marshall
Secretary
Date: 1 /13/2012
North Carolina
A....JEIrTARTMEN ! OFTI-IE
SECRETARYOF TATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Click here to:
View Document Filings I Sign Up for E-Notifications I
J Print apre-populated Annual Report Form I File an Annual Report
Corporation Names
Name Name Type
NC BUFFALO LEGAL
CONSTRUCTION, INC.
Business Corporation Information
SOS I D:
0573836
Status:
Current -Active
Effective Date:
12/13/2000
Dissolution Date:
Annual Report Due Date:
Citizenship:
FOREIGN
State of Inc.:
KY
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
Office Address:
Mailing Address:
Principal Office
NATIONAL REGISTERED AGENTS, INC.
120 PENMARC DR
RALEIGH NC 27603
120 PENMARC DR
RALEIGH NC 27603
Office Address: 6060 DUTCHMAN'S LANE STE. 300
LOUISVILLE KY 40205
Mailing Address: 6060 DUTCHMAN'S LANE STE, 300
LOUISVILLE KY 40205
Officers
Title: PRESIDENT
Name: SCOTT A. GREGOR
Business Address: 6060 DUTCHMANS LANE
LOUISVILLE KY 40205
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
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V47
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LWIWA
N®��
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
February 23, 2012
Mr. Haddon Allen, President
Benser, LLC
2413 Mimosa Place
Wilmington, NC 28403
Subject: Notice of Inspection and Request for Permit Transfer
The Enclave
Stormwater Permit No. SW8 970839
New Hanover County
Dear Mr. Allen:
Dee Freeman
Secretary
On February 21, 2012, the Wilmington Regional Office of the Division of Water Quality (DWQ)
inspected The Enclave in New Hanover County to determine compliance with Stormwater
Management Permit Number SW8 970839 issued on August 12, 2002. DWQ file review and
site inspection revealed that the site is not in compliance with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report"
attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. The stormwater collection system to the north and west of the property couldn't be
identified during the site inspection through the brush and debris. Please restore the
collection system to ensure and demonstrate that the runoff is directed to the
infiltration basin.
2. Section 111.9 of Stormwater Management Permit Number SW8 970839 requires the
permittee to notify DWQ within 30 days of any name, ownership, or mailing address .
changes. According to the NC Secretary of State, the original permittee, Benser LLC,
was dissolved in 2010.
Please inform this Office in writing before March 23, 2012, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written -plan of
action is not submitted to this office by March 23, 2012 then DWQ staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
Once the first item is addressed and the site is found to be in compliance, please transfer the
permit to the new owners. The permittee, Benser, LLC, was administratively dissolved through
the Secretary of State on August 26, 2010. According to the New Hanover County Tax records,
the new owners of this property appear to be Port City Commons Owners Association, Inc
(previously The Enclave at Wilmington Home Owners Association). Please submit one of the
two name/ownership transfer forms which are available on the Division's website
(http://Portal.ncdenr.org/web/wq/ws/su/statesw/forms^docs) along with the necessary
documentation in order to transfer the permit from Benser LLC to Port City Commons Owners
Association, Inc. The "HOA Name/Ownership Change Form" is only for use by permittees that
have developed their project under the Planned Community Act. The other "Name/Ownership
Change Form" is for all other permittees that are planning to change the name of the project or
transfer their permit to a new owner of the project. Once the proposed permittee receives the
transfer document with all the necessary paperwork including a compliance inspection report,
the following will occur:
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Natura!!ff
An Equal Opportunity 4 Alf rmalive Action Employer

1.) If the "HOA Name/Ownership Change Form" is used, the permit will be immediately
transferred to the proposed permittee if all criteria outlined in the form is met.
2.) If the other "Name/Ownership Change Form" is used, the permit will be transferred once
all the criteria in the form is met and the proposed permittee chooses one of the options
below:
a. Option 1: Port City Commons Owners Association, Inc accepts the transfer of
the current permit. Port City Commons Owners Association, Inc should be made
aware that a first time transfer is free and the permit conditions remain the same
as when the permit was originally issued under 15A NCAC 2H .1005 effective
September 1, 1995 (change if necessary), which is commonly referred to as the
1995 Coastal Rules (change if necessary).
b. Option 2: If Port City Commons Owners Association, Inc refuses the current
permit then they will have to apply for their own permit. If they do not apply for a
permit they will be issued a Notice of Violation (NOV) including possible fines for
owning and operating a treatment system and discharging to surface waters
without a permit. This option will not be advantageous to Port City Commons
Owners Association, Inc because the new permit will be issued under the 2008
Coastal Stormwater Rules (Session Law 2008-211) unless a vested right is
presented which allows the project to be reviewed under the 1995 Coastal Rules.
However, keep in mind that vested rights are not granted to sites that are in
violation. This means the pond must be designed according to the standards in
Session Law 2008-211 and the latest version of the Stormwater Best
Management Practices (BMP) manual. As a result, changes in permit conditions
and technical changes, such as the increase in the design storm from 1.0 to 1.5
inches, may require significant and costly physical changes to the BMP(s)
currently serving the project. All costs associated with the permit application, the
possible NOV, the design and the construction for changes to the ponds will be
the sole responsibility of Port City Commons Owners Association, Inc.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
CL6 ?kaa�
Christine Nelson
Environmental Engineer
GDS/can: S:IWQSIStormwater\Permits & Projects119971970839 HD12012 02 CEI_deficient 970839
enc: Compliance Inspection Report
cc: W. Haddon Allen, III, Director, Buffalo Construction, Inc, 6060 Dutchmans Ln, Suite 300,
Louisville, KY 40205
Stephen Sulkey, Registered Agent, Port City Commons Owner Association, Inc., 3530 Lewis
Loop Rd, SE, Bolivia, NC 28422
Karen Higgins, WBS-CPU
WiRO File

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
Benser, LLC (0572582)
2413 Mimosa Place
Wilmington, NC 28403
State of North Carolina
Department of The Secretary of State
CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall', Secretary of State, as mandated by law, do hereby certify that
Benser, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
,c
Document Id: C201023806884
This the 26th day of August, 2010
40& j 7*44
Elaine F. Marshall
Secretary of State

r
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>417
O
A

- North Carolina Secretary of State
Page I of 1
North Carolina
Elaine F. Marshall DEIPARTM E[ T OF THE
Secretary SECRETARY OFSTATE
PO Box 29622 Raleigh, NC 27626-0622 t919)$07-2000
Date: 1 / 12/2012
Click here to:
View Document Filings I Sign Up for E-Notifications
J Pre -populated Annual Report Fillable PDF Form I File an Annual Report I
Corporation Names
Name
Name Type
NC BENSER, LLC
LEGAL
Limited Liability Company Information
SOSID:
0572582
Status:
Admin. Dissolved
Effective Date:
12/5/2000
Dissolution Date:
Annual Report Due
Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Registered Agent
Agent Name: ALLEN, WALSER H, III
Office Address: 2413 MIMOSA PLACE
WILMINGTON NC 28403
Mailing Address: 2413 MIMOSA PLACE
WILMINGTON NC 28403
Principal Office
Office Address: 2413 MIMOSA PLACE
WILMINGTON NC 28403
Mailing Address: 2413 MIMOSA PLACE p
WILMINGTON NC 28403
Officers
Title: MANAGER
Name: WALSER H ALLEN III
Business Address: 2413 MIMOSA PLACE
WILMINGTON NC 28403
Title: MANAGER
Name: THOMAS KERN CARLTON III
Business Address: 1600 BILTMORE DR.
CHARLOTTE NC 28207
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
1922
http://www.secretary.state.nc.us/corporations/Corp.aspx?Plte,mld=5295212 1 /12/2012

LIMITED LIABILITY COMPANY
ANNUALREPORT
NAME OF LIMITED LIABILITY COMPANY: BENSER, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE R.L.L.P. ID NUMBER: 0572582
NATURE OF BUSINESS: RENTAL
REGISTERED AGENT: WALSER H ALLEN I I I
REGISTERED OFFICE MAILING ADDRESS: 2413 MIMOSA PLACE
WILMINGTON
REGISTERED OFFICE STREET ADDRESS: 2 413 MIMOSA PLACE
WILMINGTON
NEW HANOVER
SIGNATURE OF THE NEW REGISTERED AGENT:
SOS1D: 0572582
Date Filed: 6/14/2006 3:56:00 PM
Elaine F. Marshall
North Carolina Secretary of State
20112 053 00005
FEDERAL EMPLOYER ID NUMBER:
NC 28403
NC 28403
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER: 910-815-1011
PRINCIPAL_ OFFICE MAILING ADDRESS: 2 413 MIMOSA PLACE
WILMINGTON NC 28403
PRINCIPAL OFFICE STREET ADDRESS: 2413 MIMOSA PLACE
WILMINGTON NC 28403
MANAGER SIMEMBERSIORGANIZERS:
Name: WALSER H ALLEN III
Address: 2413 MIMOSA PLACE
Title: MEMBER MANAGER City: WILMINGTON State: NC Zip: 28403
Name: THOMAS KERN CARLTON III
Address: 1600 BILTMORE DRIVE
Title: MEMBER MANAGER City: CHARLOTTE State: NC Zip: 28207
Name:
Title:
Address:
City:
State: Zip
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
FORM MUST B SIGNED BY A MANAGERIMEMBE`_R DATE
WALSER H ALLEN III MEMBER MANAGER
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State 0 Corporations Division • Post Office Box 29525 0 Raleigh, NC 27626-0525

STATE, OF NORTH CAROLINA
Department of Environment and Natural Resources
WJRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME
` NAME . _ Sv��42•,. _ _ REPRESENTING 'PArn
Guidelines forAccess: The staff of the Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying, We also have the responsibility to 0e public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before signing the form.
1: Due to.the large public demand for flip we request that you,'call"at least a day in
advance to schedule an appointment for file review so you -can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.rn, Viewinq time ends at 4:45
Anyone arriving without an appointment may view the files to the extent that tirne and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may _review _at one appointment will be limited to
five.
• 3. - You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less cogi s.-_cost per copy_ after the initial 25 is 2,5 per copy._
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases larcte totes, etc. are permitted in the file review area. To remove, alter;
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
5. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME
2.
3.
4.
5.
COUNTY
5� 91014,39 N C
f- ?"-3 e- 21' 0 0
Signatur am Firm or Bu iness Date Time In Time Out
(Please attach business card to form if available)
#' Copes; Amt. Pe

North Carolina Secretary of State
Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENT oi= tl-(E
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 (919.1807-2000
Date: 10/7/2011
Click here to:
View Document Filings I Sign Up for E-Notifications I
PC, PLLC, LP and Non -Profit entities are not required to file annual reports.
Corporation Names
Name
Name Type
NC PORT CITY COMMONS
LEGAL
OWNER ASSOCIATION, INC.
NC THE ENCLAVE AT
WILMINGTON HOME OWNERS
PREY LEGAL
ASSOCIATION
Non -Profit Corporation Information
SOSID:
0482044
Status:
Current -Active
Effective Date:
1 /20/1999
Dissolution Date:
Annual Report Due Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Registered Agent
Agent Name: SULKEY, STEPHEN J.
Office Address: 3530 LEWIS LOOP ROAD, SE
BOLIVIA NC 28422
Mailing Address: 3530 LEWIS LOOP ROAD, SE
BOLIVIA NC 28422
Principal Office
Office Address: NO ADDRESS
Mailing Address: 1230 SE MAYNARD ROAD
CARY NC 27511
Officers
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New Hanover County
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► Parcel Map
PARID: R04819-010-004-000
ENCLAVE AT WILMINGTON HOA(THE) 2155 MARKET 5T CURRENT RECORD
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Data Copyright New Hanover County (Disclaimer) [Privacy Policy] Last Updated: 03 Oct 2011
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http:Hetax.nhcgov.com/F'ormslMapDatalet.aspx?slndex=4&idx=-1 &pin=R04819-010-004-... 10/7/2011

New Hanover County
Page 1 of 1
PARID: R04S19-010-004-000
ENCLAVE AT WILMINGTON HOA(THE)
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighlaorhood
Class
Land Use Coda
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
Stale
Country
Zip
312707.69,3578.000
2155 MARKET ST
WILMINGTON
8131
HOA-Homeowners Common Area
961-Condominium Common Area
0
MF-M-MULTI FAMILY MEO DEN
(2.56 ACRES) COMMON AREA ENCLAVE TOWNHOMES
Wild
ENCLAVE AT WILMINGTON HOA(THE)
CARY
NC
27511
THE DATA IS FROM 2011
2155 MARKET ST
Sales
Sale Dale
Sale Price
Grantee
Grantor
Book
Page
Sale Key
054XT-00
s0
ENCLAVE AT WILMINGTON HOA(THE)
ENCLAVE ASSOCIATES LLC
2816
0732
113578
19-MAY-00
$0
BELLSOUTH TELECOMMUNICATIONS
ENCLAVE ASSOCIATES LLC
2750
0122
113577
21-FEB-99
$0
N C NATURAL GAS CORP
ENCLAVE ASSOCIATES LLC
2507
0516
113575
05-FEB-99
$0
TIME WARNER ENTER/ADVINEWHOUSE
ENCLAVE ASSOCIATES LLC
2517
0122
113576
29-OCT-98
$o
VNLM CITY OF
ENCLAVE ASSOCIATES LLC
2459
0382
113574
12-NOV-97
S185,000
ENCLAVE ASSOCIATES LLC
GENERAL CREDIT COMPANY
2267
0121
113573
20-MAR-97
so
GENERAL CREDIT COMPANY
M B CORPORATION
2267
0113
113572
20-MAR-95
$0
GENERAL CREDIT CORPORATION
M B CORPORATION
5864
0050
113571
28-DEC-90
$150,151D0
M B CORPORATION
CAROLINA SAVINGS & LOAN
1521
0347
113570
01-FEB-86
$464.500
CAROLINA SAVINGS & LOAN
ST MARY'$ DEVELOPMENT CO
1317
0450
113569
01-MAR-84
$0
ST MARY'S DEVELOPMENT CO
WEAVER REALTY & CONST INC
1248
0111
113568
01-DEC-82
SD
WEAVER REALTY & CONST INC
GOSSMAN P JOSEPH
1213
0312
113567
OMEP-30
$0
ST MARYS ROMAN CATHOLIC CHURCH
DUFFY MARGERET R JAMES L E7AL
0209
0374
1135136
DI-JAN-01
$0
GOSSMAN P JOSEPH
' NOT IN SYSTEM'
0000
0000
1135M
Sale Details 1 of 14
Sale Date
05-OCT-00
Sale Key
113578
Sala Price
S.00
Grantee
ENCLAVE AT WILMINGTON HOA(THE)
Grantor
ENCLAVE ASSOCIATES LLC
Sale Source
Book
2816
Page
0732
Sale Validity
U-Unqualified
Sale Type
VACANT
Sale Flag
STEB
Instrument p
Instrument Type
Warranty Deed
Adj, Reason
Adj. Price
0
Ad). Amount
Values
Year
2011
Total Land
$0
Total Buildings
$0
Appraised Total
$0
MARKET VALUE SHOWN - EXEMPTIONS TO 13E REFLECTED IN AUG BILLS
THE DATA IS FROM 2011
http://etax.nhcgov.comIFormsIPrintDatalet.aspx?pin=RO4819-010-004-000&gsp=PROFIL... 10/7/2011

D
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I

State Stormwater Management Systems
Permit No. SW$ 970839 Modification
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
Benser, LL C
The Enclave
New I-knover County
FOR THE
construction, operation and maintenance of an infiltration basin 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 August 12, 2012, and shall be
subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
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 on page 3 of this permit, the Project Data Sheet. The stormwater control has
been designed to handle the runoff from 52,072 square feet of impervious area.
The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans.
4. 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.
The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system. A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area.
2

8
State Stormwater Management Systems
Permit No. SW8 970839 Modification
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Receiving Stream/River Basin/Index #
Classification of Water Body:
Pond Depth, feet:
Bottom Elevation, FMSL:
Drainage Area, acres:
Total Impervious Surfaces, ftz:
Offsite Area entering Pond, ftz:
Required Storage Volume, 113:
Provided Storage Volume, W.-
Temporary Storage Elevation, FMSL
Controlling Orifice:
Soil Type:
Infiltration Rate, in/hr:
Seasonal High Water Table, FMSL:
Drawdown Time, hours:
The Enclave
SW8 970839 Modification
New Hanover County
Mr. Haddon Allen, President
Benser, LLC
2413 Mimosa Place
Wilmington, NC 28403
July 25, 2002
Cape Fear / Burnt Mill Creek / 18-74-63-2
"C Sw"
1.7
9.0
3.22
52,072
none, per Engineer
4,339
5,288
10.7
overflow structure (12 FMSL)
Baymeade/Sand
6.0
4.0
3.1

State Stormwater Management Systems
Permit No. SW8 970839 Modification
11. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions 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 slopes and the vegetated filter.
d. Immediate repair of eroded areas.
C. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader,
catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. 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.
Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. 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.
7. 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. A modification may be required for those deviations.
8. 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.
9. 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 any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
C. Further subdivision, acquisition, or sale 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.
4

State Stormwater Management Systems
Permit No. SWS 970539 Modification
10. The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction. If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction.
11. 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.
12. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ
and provide the name, mailing address and phone number of the purchaser or leasee. An
access/maintenance easement to the stormwater facilities shall be granted in favor of the
permittee if access to the stormwater facilities will be restricted by the sale or lease of any
portion of the property.
13. The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system.
14. 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.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may
not be approved. Responsibility for compliance with all permit conditions remains with
the Permitter until such time as the Division approves the formal permit request.
2. 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.
3. 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.
4. 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.
5. The permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility.
6. The pen -nit 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.
Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
5

State Stormwater Management Systems
Permit No, SW8 970839 Modification
8. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days.
Permit issued this the 12th day of August, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E.; Director
1-91 Division of Water Quality
By Authority of the Environmental Management Commission
Cel

State Stonnwater Management Systems
Permit No. SW8 970839 Modification
The Enclave
Stormwater Permit No. SW8 970839 Modification
New Hanover County
Designer's Certification
as a duly registered
in the State of North Carolina, having been authorized to
observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
7

State Stormwater Management Systems
Permit No. SW8 970839 Modification
Certification Requirements:
l . The drainage area to the system contains approximately the permitted acreage.
2. The'drainage area to the system contains no more than the permitted amount of
built -upon area.
3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of
the system.
10. The permitted amounts of surface area and/or volume have been provided.
IL Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a
forebay.
14. The overall dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ Regional Office
City of Wilmington, New Hanover County Building Inspections

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I

OF WA7' 9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary,
4 North Carolina Department of Environment and -Natural Resources
Alan W. Klimek, P.E=.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 12, 2004
CERTIFIED MAIL #7002 1000 0005 2390 8719
RETURN RECEIPT REQUESTED
Mr. Haddon Allen, President
Benser, LLC
2413 Mimosa Place
Wilmington, NC 28403
NOTICE OF INSPECTION AND NON-COMPLIANCE
The Enclave
Stormwater Project No. SW8 970839
New Hanover County
Dear_Mr. Allen:
•r�;r �ti. •- . ' t't zt..
Please find attached a copy of the completed form entitled "Stormwater Com liance`"l`,
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on November 21, 2003 to determine
compliance with Stormwater Permit Number SW8 970839 issued on August 12, 2002,
A summary of the findings and comments are noted under Section 4 of the report.
-{ Please inform this Office in writing before February 12, 2004 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
/�, P/"- -,_�
Gary H. Beecher
Environmental Technician
RSSlghb: S:\WQSISTORMWATIINSPECT1970839.Nov03
cc: Beth E. Wetheriil ( New Hanover Co. Engineering )
Wilmington Regional Office
GaryBeecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service ---
;h
1 800 623-7748 NCDENR

Job No. C� l � 7 n_`
Date: 4 11 1\
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] • FAX: [phone]
Email: [e-mail]
LETTER OF TRANSMITTAL
To:
Attention: U,nda U::'W6
Subject: i tic— 1-./7CC� - _...
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: (r,)—ATTACHED ( ) UNDER SEPARATE COVER
{ } Prints ( ) Tracings ( } Copy of letter { ) -Specifications (,,)-'Other
Copies Item No. Description
These are transmitted as checked below:
( ) For Approval ( —For Your Use ( ) Sign & Return ( } Review
Remarks:
it r L1 .4► '/
_ �'_0464

The Enclave TE 01120
Stormwater Project No. SW8 970839 Modification
New Hanover County
Engineer's Certification
I, Phillip G. Tripp , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically/Week!)'fUll the construction
of the project,
The Enclave
(Project)
for Benser, LLC. Haddon Allen. President (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that
the construction was observed to be built within substantial compliance and intent of the approved
plans and specifications.
\�0\kIIz IIlffl/J//
Signature .���, UnF4L
Registration Number 17374
—
Date �• ��' Q�j ��'F�'G1N�4'`Q
v111111111
!1[IIllJ

PE Certification Requirements:
11/1. The drainage area to the system contains approximately the permitted acreage.
IZ2. The drainage area to the system contains no more than the permitted amount of built -upon
area.
✓ 3. All the built -upon area associated with the project is graded such that the runoff drains to
/ the system.
v 4. The outlet/bypass structure elevations are per the approved plan.
V 5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet bypass structure.
E 7. All slopes are grassed with permanent vegetation.
5uPFr� c_-vWEO A,'4D AS af-- Z.•S o3
8. Vegetated slopes are no steeper than 3:1.
✓9. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
�v�' 10. The permitted amounts of surface area and/or volume have been provided.
✓ 11. Required drawdown devices are correctly sized per the approved plans.
✓ 12. All required design depths are provided.
✓'13. All required parts of the system are provided, such as a vegetated shelf, forebay. and
vegetated filter.
✓14. The overall dimensions of the system, as'shown on the approved plans, are provided.
S:1WQSISTORMWATIPEREQ1970839.Nov02
cc: Tony Roberts, New Hanover County Building Inspections
3

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
July 25, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Noelle Lutheran
Re: The Enclave
New Hanover County, NC
TE 01120
Dear Noelle:
--- i�w
H'14kdt.0►�
14 D / �Vrjs
_7nS3
As per your site visit, on November 6, 2001, with Phil and Jim Quinn (City of
Wilmington), we are proposing to modify the existing wet detention pond to an
infiltration basin. As discussed 2:1 slopes will be constructed, sodded and stabilized on
the sides where the previously permitted retaining wall was shown. The remaining side
slopes are to be cleared of any debris or woody vegetation and also stabilized with sod.
The bottom is to be brought up to normal pool grade 9.0 with clean sand fill material and
sodded as well.
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form, one (1) infiltration basin supplement, two (2) sets of
calculations and one check for the application fee.
Please review for approval and contact us if you have any questions, comments or
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
S
Charles D. Cazier, E.I.
CDC:dcb
Enc.
cc: Jim Quinn, City of Wilmington
N
r

4)
February 26, 1998
TRIPP ENGINEERING, P.C.
507 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • Fax: [phone],1
NCDEHNR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Enclave
New Hanover County, NC
SW8 971227
TE 97121
Dear Linda:
MAR 0.2 1998
We enclose two (2) sets of plans. In regards to your February 23, 1998 correspondence,
we offer the following:
1. We enclose a copy of the original boundary survey.
2. We enclose a typical footprint for a 2-unit building.
3. We include added a concrete walk stub to each unit. Please note this area was added
in to previous calculations.
4. Please note road, parking space and sidewalk dimensioning between Unit Nos. 4 and
19, also between Unit Nos. 12 and 16.
5. Please note we have relocated vegetated shelf between elevations 8.0 and 9.0.
6. Please note we include a "City" overflow weir = 0.8' X 1.8' above state flood pool
elevation. Weir is detailed on sheet C3 in the "Detention Pond Outlet Structure"
detail.
7. We have revised detail to align elevations between pond and forebay section, outlet
structure detail and site plan labeling.
8. We have added title of John Berent to application.
9. We include design depth and maximum bottom elevation to O & M form.
Please review for approval and contact us with questions or comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
a . 14jr(
Phillip G. Tripp, P.E.
Enc.

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. John Berent, Managing Member
The Enclave Associates, LLC
100 Point Crest Court
Cary, NC 27513
Dear Mr. Berent:
ems
NC - DENVI
NORTii CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 16, 1998
Ala'D►Fti W 5eL 5 W� 'baO
Subject: Permit N SW 71227 g� l Z p?�
The Enclav�
High Densi ommercial Stormwater Project
New Han er unty
The Wilmington Regional Office received the Stormwater Management Permit Application for The Enclave on December
30, 1997, with final information on March 2, 1998. 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 971227 dated April 16, 1998, for the construction of The Enclave.
This permit shall be effective from the date of issuance until April 16, 2008, 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 thirty (30) 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
[phone].
Sincerely,
Rick Shiv r, .G.
Acting Regional Water Quality Supervisor
RSS/arl: S:1WQSISTORMWATIPERMIT1971227.APR
cc: Phil Tripp, P.E.
Tony Roberts, New Hanover County Inspections
David Mayes, P.E., City of Wilmington Engineering
Beth Easley, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
PerMit N W8 971227
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
The Enclave Associates, LLC
The Enclave
New Hanover County
FOR THE
construction, operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H .1000
(hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and
other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of
this permit.
This permit shall be effective from the date of issuance until April 16, 2008 and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
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 on page 3 of this
permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 52,072 square
feet of impervious area.
Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
4. The tract will be limited to the amount of built -upon area indicated on -page 3 of this permit, and per approved
plans.
2

State Stormwater Management Systems
Permit No. SWf 979 ,1227
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff
Classification of Water Body:
If Class SA, chloride sampling results:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ft2:
Offsite Area entering Pond, ft2:
Required Surface Area, ft2:
Provided Surface Area, ft2:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
The Enclave
971227
New Hanover County
Mr. John Berent, Managing Member
The Enclave Associates, LLC
100 Point Crest Court
Cary, NC 27513
December 30, 1997
Burnt Mill Creek
"C Sw"
nJa
6.5
0
52,072
None, per Engineer
2,323
2,565
4,490
5,997
10.7
1 "$ pipe
3

State Stormwater Management Systems
Permit No._SW8 971222
5. All runoff from the built -upon area on site must be directed into the permitted stormwater control system.
6. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -
upon area.
The following items will require a modification to the permit:
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 of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification to the
permit.
8. 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 pennittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for construction and maintenance of the stormwater
management system:
The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's
intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater
system functions 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.
C. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
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.
4. Decorative spray fountains will not be allowed in the ponds.
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.
4

State Stormwater Management Systems
PerMit Ng. SW8 971227
6. 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.
7. 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.
Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall
be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion
of the property.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
accompanied by an application fee, documentation from the parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits and may or may not be approved.
2. 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.
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.
4. 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.
5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components
of the permitted stormwater management facility.
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.
Permit issued this the 16th day of April, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 971227
S

State Stormwater Management Systems
Permit NQ, SW8
The Enclave
Stormwater Permit No. SW8 971227
New Hanover County
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
Signature
Registration Number
D ate
SEAL
No

DIVISION OF WATER QUALITY TE 97121
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
1. GENERAL INFORMATION
(Please print clearly or type
1. Project Name The Enclave
2. Location, directions to project (include County, Address, State Road) Attach map. _ New Hanover County
755' West of the intersection of SR 1302 and US Hwy 17/74 on Market Street
3. Owner's Name The Enclave_ Associates, L.L.C. Phone _(919) 460-7411
4. Owner's Mailing Address 100 Point Crest Court
5, City Carte _ State NCT Zip 27513
6. Nearest Receiving Stream Burnt Mill Creek Class C-SW
7. Project Description 24 townhomes built in units of two
IL PERMIT INFORMATION
1. Permit No. (ro befilled in bvDwO , �Zdg 9 Z�2 ZZ
2. Application Date 12/02/97 Fee enclosed $ _$75.00
3. Permit Type:
X New
Renewal
Modification (existing Permit No.)
4. Project Type:
Low Density X
Detention
Infiltration Redevelop —General —Aker Offsite
5. Other State/Federal Permits/Approvals Required (Check appropriate blanks)
6. CAMA Major Sedimentation/Erosion Control X 404 Permit
111. BUILT UPON AREA (Please see NCAC 2111005 thru .1007for applicable density limits)
Drainage Drainage Breakdown of Impervious Area
Basin Basin (Please indicate below the design impervious area)
Classification �C-SW Buildings 25,296 sf _
Existing Built -upon Area _0 sf _ Streets 21,822 sf
Proposed Built -upon Area 52,072 sf SSW 4,954 sf
Total Project Area 140,265 sf Other
% Built -upon Area 37.12% _ Totals 52 072 sf
IV. STORMWATER TREATMENT (Describe how the runoff will be treated)
Detention pond �T

� T

V.
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
VI
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for
the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
OWNER'S CERTIFICATION
1, John P. Berent , certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that the
deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the
proposed project complies with the requirements of 15A NCAC 2H.1000.
I authorize the below nab person or firm to submit stormwater plans on my behalf.
Owner/Authorized Agent Signature and Title
VI1. AGENT AUTHORIZATION
Person or firm name Tripp Engineering,P.C.
memREa) /a - .� - F 7
z• z4• 16) Date
Mailing Address 507 Chestnut Street
City Wilmington State NC Zip 28401 Phone [phone]_____
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO/Central Files
STORMWATER
RECEIVED
DEC 3 0 1997
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. STORMWATER TEy7 1E C E I V E
DEC 3 01997
POND MAINTENANCE REQUEREMENTS
D E
Project Name: The Enclave Townhomes Project No. PRoJ # (Z
Responsible Party: __The Enclave Associates, L.L.C. _ Phone No. _ 919) 460-7411
Address: 100 Point Crest Court, Cary, NC 27513
flE f)IL-4 DES — Ob MAt_ Pool ELCO%1m4 = mot. o fQ�V+SEo
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1. Monthly, or after every runoff producing rainfall event, whichever comes first:
A. Inspect trash rack; remove accumulated debris, repair/replace if it is not functioning.
B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown
mechanism, pimp operation will be checked. A log of test runs of the pump will be kept
on site and made available to DEM personnel upon request.
C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded
areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be done as necessary.
II. Quarterly:
A. Inspect the collection system (i.e. catch basins, piping, grassed swales) for proper
functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and
piping will be checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation
structures will be replaced, and broken pipes will be repaired.
I11. Semi -annually -
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The pond depth will be checked at various points. If depth is reduced 75% of original
design depth or 3 feet whichever is greater, sediment will be removed to at least the
original design depth. r 7r� .�, of (,•s� ^��^4t PML ELE4 • 9. o
Y.�Ea+gEn Z Z4 9� t 4. &e — 4. %
C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as
necessary.

POND MAINTENANCE REQUIREMENTS
PAGE 2
IV. General:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6".
B. Cattails are encouraged along the pond perimeter, however they will be removed when
they cover more than 1/z the surface area of the pond.
C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that time, the system will be checked for clogging. The source of the
clogging will be found and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the original design specifications as per the approved
stormwater plan.
V. Special Requirement:
1, John P. Berent , hereby acknowledge that I am the financially responsible
party for maintenance of this detention pond. I will perform the maintenance as outlined above, as part of
the Certification of Compliance with Stormwater Regulations received for this project.
Signature:
Date: / a —_?-177
Ko Qk(A L ,y I(LS 1 , a Notary Public for the State of N 0 ?: 10,
County of QEy) H(+N OVE(L , do hereby certify that 0 -r
personally appeared before me this 7 tip day of ]7 19 '11� and acknowledge the
due execution of the foregoing instrument. Witness my hand and official seal,
IlJUII/�j�
z
My commission expires Abe LtG
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A
' State of North Carolina
Department of Environment
and Natural Resources �r
Wilmington Regional Office
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROL-INA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
February 23, 1998
Mr. Phil Tripp, P.E.
Tripp Engineering
507 Chestnut Street
Wilmington, NC 28401
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 971227
The Enclave Townhomes
New Hanover County
Dear Mr. Tripp:
The Wilmington Regional Office received a Stormwater Management Permit Application for The
Enclave Townhomes on December 30, 1997. 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. Provide a map showing the entire property boundary.
✓ 2. Building footprint with dimensions, concrete areas, wood decks, etc.
✓ 3. Any sidewalks from the parking lot up to the building?
✓ 4. Road, parking space, and sidewalk dimensions?
I✓ 5. Relocate the vegetated shelf below the normal pool elevation.
6. Is a weir provided in the outlet structure at the State flood pool elevation? The detail does not
specify. Since you have provided an orifice based on the volume up to 10.7, a weir must be
specified at that elevation, or you must resize the orifice for the volume up to elevation 12.5.
r/ 7. The permanent pool, design pool, and vegetated shelf elevations do not match up between the
pond and forebay section and the outlet structure. Please clarify.
8. Add the title of John Berent to the application.
9. Include the design depth in the 0 & M in order to provide a benchmark for the permittee to
maintain the pond depth.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

W
Mr. Tripp
February 23, 1998
Stormwater Project No. SW8 971227
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to March 23, 1998, 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 have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01971227.FEB
cc: Linda Lewis
Central Files
127 Cardinal Br. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

DIVISION OF WATER QUALITY TE 97121
i,
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
1. GENERAL INFORMATION
(Please print clearly or tvpe)
1. Project Name The Enclave
2. Location, directions to project (include County, Address, State Road) Attach map. New Hanover County
755' West of the intersection of SR 1302 and US Hwy 17/74 on Market Street
3. Owner's Name The Enclave Associates, L.L.C. Phone [phone]
4. Owner's Mailing Address 100 Point Crest Court
5. City Carte_ _ State NC Zip 27513
6. Nearest Receiving Stream Burnt Mill Creek Class C-SW
7. Project Description 24 townhomes built in units of two
I1. PERMIT INFORMATION
1. Permit No. (To be filled in hyDWQ) ��29 7,12 2Z
2. Application Date 12/02/97 - Fee enclosed $ $75.00
3. Permit Type: X New Renewal Modification (existing Permit No.)
4. Project Type: Low Density X Detention Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (Check appropriate blanks)
6. CAMA Major Sedimentation/Erosion Control X 404 Permit
III. BUILT UPON AREA (Please see NCAC 2H.1005 thru .1007 for applicable density limits)
Drainage Drainage Breakdown of Impervious Area
Basin Basin (Please indicate below the design impervious area)
Classification C-SW Buildings 25,296 sf
Existing Built -upon Area _0 sf _ Streets 21,822 sf
Proposed Built -upon Area 52,072_.sf Peek nWSW 4,954 sf
Total Project Area 140,2.65 sf Other
%Built -upon Area 37.12%_ Totals 52,072 sf
IV. STORMWATER TREATMENT (Describe how the runoff will be treated)
Detention pond

V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS ..
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for
the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit,. that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. OWNER'S CERTIFICATION
1, ^ John P. Berent _ _ certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that the
deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the
proposed project complies with the requirements of 15A NCAC 2H.1000.
I authorize the below nab person or firm to submit stormwater plans on my behalf.
Owner/Authorized Agent Signature and Title
V1I. AGENT AUTHORIZATION
Person or firm name Tripp Engineering, P.C.
/a --�-r?
Date
Mailing Address 507 Chestnut Street
City Wilmingion State NC Zip 28401 Phone _(910).763-5100
Please submit application, fee, plans and calculations to the appropriate Regional Office.
CC' ApplicantfWiRO/Ccntral Files
STORMWATER
RECEIVE
DEC 3 0 1997
3Y: 9'%/Z z'7

tE C E ! V E
STORMWATER TE97�
.r J
DEC 3 01997
POND MAINTENANCE REQUIREMENTS
D E
Project Name: The Enclave Townhomes Project No. PROS # rz 2
Responsible Party: _,The Enclave Associates, L.L.C. _ Phone No. [phone]
Address: _100 Point Crest -Court, Cary, NC_ 27513
1. Monthly, or after every runoff producing rainfall event, whichever comes first:
A. Inspect trash rack; remove accumulated debris, repair/replace if it is not functioning.
B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown
mechanism, pimp operation will be checked. A log of test runs of the pump will be kept
on site and made available to DEM personnel upon request.
C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded
areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be done as necessary.
11. Quarterly:
A. Inspect the collection system (i.e. catch.basins, piping, grassed swales) for proper
functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and
piping will be checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation
structures will be replaced, and broken pipes will be repaired.
III. Semi -annually -
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The pond depth will be checked at various points. If depth is reduced 75% of original
design depth or 3 feet whichever is greater, sediment will be removed to at least the
original design depth.
C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as
necessary.

POND MAINTENANCE REQUIREMENTS
PAGE 2
IV. General:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6".
B. Cattails are encouraged along the pond perimeter, however they will be removed when
they cover more than 1/2 the surface area of the pond.
C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that time, the system will be checked for clogging. The source of the
clogging will be found and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the original design specifications as per the approved
stormwater plan.
V. Special Requirement:
I, John P. Berent hereby acknowledge that I am the financially responsible
party for maintenance of this detention pond. I will perform the maintenance as -outlined above, as part of
the Certification of Compliance with Stormwater Regulations received for this project.
Signature:
Date: / a - -2 ` 5' �)
I M 0 01C 4 L .y A -US I , a Notary Public for the State of N D 12- CA-R.0 H ,
County of 4��.t,�7 _ .Pi OVF, L , do hereby certify that Oil 12.lr T
personally appeared before me this _7 fulp day of D 19 '11 and acknowledge the
due execution of the foregoing instrument. Witness my hand and official seal,
�S�IliilJl!/�/f
S d�
My commission expires 023 01 lo I _ A
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WYATTE. BLANCHARD,P.E.
County Engineer
February 18, 1998
John Berent
The Enclave Associates, LLC
100 Point Crest Court
Cary, North Carolina 2751;
NEW HANOVER COUNTY
ENGINEERING DEPARTMENT
414 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401-4045
TELEPHONE [phone]
FEB 2 3 1999
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CERTIFIED
RE: Notice of Violation of Land -Disturbing Activity
Grading Permit Number! GP 76-97 The Enclave - not yet approved
Site Location: 2115 Market Street
Location/Description of Violation(s): Grading activity has begun on site prior to the
approval of the erosion control plans.
Dear Sir;
This letter constitutes Notice of Violation of Section 7-7(4), Section 7-18(a), Section 7-18(e),
Section 7-180), Section 7-21(a)(1), and Section 7-21(a)(3) of New Hanover County's Soil Erosion
and Sedimentation Control Ordinance.
Section 7-7(4) Prior Plan Approval states:
No person shall initiate any land -disturbing activity on a tract if more than one acre is to be
uncovered unless, thirty or more days prior to initiating the activity, an erosion and
sedimentation control plan for such activity is filed with and approved by the County.
Section 7-18(a) Erosion and Sedimentation Control Plans states:
An erosion control plan shall be prepared for all land -disturbing activities subject to this
ordinance whenever the proposed activity is to be undertaken on a tract comprising more than
one acre, if more than one acre is to be uncovered.

4
John Berent
February 19, 1998
Page Two
Section 7-18(e) Erosion and Sedimentation Control Plans states:
The County will review each complete plan submitted to them and within 30 days of receipt
thereof will notify the person submitting the plan that it has been approved, approved with
modifications, approved with performance reservations, or disapproved. Failure to approve
or disapprove a complete erosion and sedimentation control plan within 30 days of receipt
shall be deemed approval. Denial of a plan must specifically state in writing the reasons for
a denial. The County must approve or deny a revised plan within 15 days of receipt, or it is
deemed to be approved. If, following commencement of a land -disturbing activity pursuant
to an approved plan, the County determines that the plan is inadequate to meet the
requirements of this ordinance, the -County may require such revisions as are necessary to
comply with this ordinance.
Section 7-180) Erosion and Sedimentation Control Plans states:
Any person engaged in land -disturbing activity who fails to file a plan in accordance with
provisions of an approved plan shall be deemed in violation of the ordinance.
Section 7-21(a)(1) Civil Penalties states:
Any person who violates any of the provisions of this ordinance, or rules or orders adopted
or issued pursuant to this ordinance, or who initiates or continues a land -disturbing activity
for -which an erosion control plan is required except in accordance with the terms, conditions,
and provisions of an approved plan, shall be subject to a civil penalty of not more than
$500.00. No penalty shall be assessed until the person alleged to be in violation has been
notified of the violation by registered or certified mail, return receipt requested, or other
means reasonably calculated to give actual notice. The notice shall describe the violation with
reasonable particularity, specify a reasonable time period within which the violation must be
corrected , and warn that failure to correct the violation within the time period will result in
the assessment of a civil penalty or other enforcement action. If, after the allotted time period
has expired, the violator has not completed corrective action, a civil penalty may be assessed
from the date of receipt of the Notice of Violation. However, no time period for compliance
need be given for failure to submit an erosion control plan for approval or for obstructing,
hampering or interfering with an authorized representative while in the process of carrying
out his official duties. Each day of continuinp violation shall constitute a separate violation.
Section 7-2.1(a)(3) Civil Penalties states:
Any person who fails to submit an erosion control plan for approval as required by this
ordinance shall be subject to a single noncontinuing civil penalty of not more than one
thousand dollars ($1,000). Any person who is subject to a civil penalty under this subdivision
may be subject to additional civil penalties for violation of any other provision of this
ordinance, or rules or orders adopted or issued pursuant to this ordinance.

r
John Berent
February 19, 1998
Page Three
Corrective measures needed: Stop all work on site except that which includes the installation
of the erosion control measures. No building construction is allowed at all until the plans have been
approved.
Time to Comply: Within one (1) day of receipt of this notice.
You can contact Beth Easley, Erosion Control Specialist, Engineering Department, 414
Chestnut Street, Wilmington, North Carolina 28401, [phone], regarding the required
compliance action.
. Your failure to take the above noted corrective action within the above time period will result
in assessment of a civil penalty; -or other enforcement action, pursuant to Section 21(A)(1)_.of New
Hanover County's Soil -Erosion and Sedimentation Control Ordinance.
Sincerely,
Beth Easley
Erosion Control Specialist
New Hanover County
cc: Lrck Shiver, NCDE1v1
Wyatt E. Blanchard, P.E., County Engineer
Kemp Burpeau, Assistant County Attorney
Ann Hines, County Zoning
B E/aj

""NEW HA OVER CO- N 1 Y
C - _W1. [ _ E
RECEIVED
FEB 041996
sY: t33q
5
FROM:
EROSION CONTROL SPECIALIST
Rw -6 C-P r1,.6 --1 .-7
_z, cj
-. _

TE 97121
ENGINEERING & FACUTIES APPLICATION FOR PERMIT FOR A � 7
LAND -DISTURBING ACTIVITY File Number
UNDER THE CONDITIONS SET -FORTH BY S. C
+ THE NEW HANOVER COUNTY Fee Paid
SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE
xoRiK* Dat
Applicant: jbg Enclave Associates, L.L.C. Applicant's Agent: Sohn P. Berent
Address: 100 Point Crest Court Address: 100 Point Crest Court
Caa, NC 27513 Cary, NC 27513
Telephone Number: _ [phone] Telephone Number: 919 460--7411
Total Acres of Land Disturbance:
3.0
Purpose of Development:Multi family residential
Location and Description of Land Disturbance:
--75.5' West of the- intPrsprti nn of RR I In? and NWY 1 7/74
Land owner(s) of Record
STATEMENT OF FINANCIAL RESPONSIBILITY
Person or firm(s) financially responsible for the
land -disturbing activity. If not a North Carolina
resident you must have a N.C. agent (List Below)
Name: The Enclave Associates L.L.C. Name: John P. Berent
Address: 100 Point Crest Court Address: 100 Point Crest Court;
Cary, NC 27513 Cary, NC 27513
Telephone Number: [phone] Telephone Number: [phone]
Location of deed(s) or instrument(s): County New Hanover Book 1864 Page 50
The above information is true and correct to the best of. my knowledge and belief and was provided by me while under oath,
(This form must be signed by the financially responsible person if an individual and by an officer, director, partner, attorney -in -
fact, or other person of authority to execute instruments for the financially responsible person if not an individual.) I agree to
provide corrected information should there be any change in the information provided herein.
Date: __ 12/0/97
Title: Managing Member
Carolina, f�+ ifid,ify that
ing dukrtaq(rc�dgE
Name (Type or Pri
Signature:_
a Notary Public of the County of !V O"Ov&r State of North
}er2t`tf appeared personally before me this day and be -
that the above form was executed by him.
Witness my Band and notarial
Notary � i 9 i LW
My commission expires 60&-7d l
day of pew 19 9-1

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{
State of. North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
August 18, 1997
CERTIFIED MAIL Z 312 639 859
RETURN RECEIPT REQUESTED
Mr. George Marshall
General Credit Company
16 E. Rowan Street, Suite 402
Raleigh, NC 27609
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION jIA,'
2115 Market Street
Stormwater Project No. SW8 970839
New Hanover County
Dear Sir:
On August 18, 1997, the Wilmington Regional Office received a copy of the Sedimentation and Erosion
Control Plan Application for 2115 Market Street. The application indicates that less than 1 acre will be disturbed at
this time for the location/removal of existing grave sites. A stormwater permit is not required for this activity,
however, upon development of final plans, please keep in mind that the North Carolina Administrative Code requires
any project that must apply for a CAMA Major permit, or that disturbs more that 1 acre and must apply for a
Sedimentation and Erosion Control Plan permit, to apply for and receive a Stormwater Management Permit by the
Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute
a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office.
Please let this Office know, in writing, the expected submittal date for the project no later than September 18,
1997, or the subject project file will be closed and construction may experience a subsequent delay. Please reference
the Project Number above on all correspondance. If you have any questions, please call me at (910)-395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWAnSTORMSUB1970839.Aug
cc: Tony Roberts, New Hanover County Inspections
Brian Hobbs, R.L.S.
cLinda-Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

NAT'T E. BLANCHARD, P.E.
County Engines
MEMORANDUM
-71a-L-19-7
TO:
FROM:
NEW HANOVER COUNTY
ENGINEERING DEPARThIENT
414 CHESTNUT STREET
WILNIINGTON, NORTH CAROLINA 28=101
TELEPHONE [phone]
LINDA LEWIS
DEM
BETH EASLEY 4e�"
EROSION CONTROL SPECIALIST
RE: SEDIMENTATION AND EROSION CONTROL PLAN
Please review the attached plan.
If you have any questions, please contact this office.
BE/aj
Attachment
vo-
n
� 18 �99�BY
A 'k

Project Narrative for Grading Permit
General Credit Company
2115 Market Street
Wilmington, North Carolina 28401
Re: Gravesite Investigation
The subject tract is 3.2 acres fronting on Market Street and surrounding the existing St.
Mary's Townhome development. The site was once an established cemetery and all
gravesites were supposed to have been moved back in or about 1939.
Additional research made more recently suggested that there were still gravesites remaining.
A specialist was hired to complete a site investigation. The process involves digging 4' wide
by 24' deep trenchs, approximately 6' o.c., only where evidence of possible gravesite
depressions are exhibited. If skeletal remains are uncovered, they are marked. All trenches
are then backfilled and smoothed awaiting future procedure for gravesite removal.
Silt fencing shall be installed downhill from any areas being disturbed. Permanent seeding
will be completed over all areas of disturbance when the investigation and removal of the
gravesites is accomplished.
u

Clr/'"I.L=I Iz:Sy MUD= aurcVG71IYu W 1 rHlac CJL
JUL-21-97 MON 15:04 ENGINEERING' FAX N01 9103414C35 P-02
EGINFERING&FACIUMS APPLICATION FOR PERMIT FOR A -76 _5 7
LAND -DISTURBING ACTIVITY file Number
UNDER THE CONDITIONS SET -FORTH BY Q
THE NEW HANOVER COUNTY e�—
SOIL EROSION AND SEDIMENTA71ON CONTROL OROINANCE 7 LF 7
0 Dates
Applicant: E t- D,LT &mPkn) Appilcant's Agent:
Address: IL lie E. I2,D6Arj SrRF,,6,f �L -fol- Address: 7ZZ5
I•, i.e. 271n9
Telephone Number: _ ( 419)1$1'42-43 Telephone Number: t 6) ZS(,- OCO
Total Acres of Land Disturbance: < 1, 0 G� • Purpose of t7evafopmsnt C' Lo `
Lwatinn and f1p4rArilkin n1 I and Melisrhnne-w
Lend owner(s) of Record
STATEMENT OF FINANCIAL RESPONSIBILITY
Person or lirm(s) financially responsible for the
land -disturbing activity. If not a North Carolina
resident you must have a N.C. agent (List Below)
Name: 6LJL"L, C4.h.Lr• Cessna-f Name: Sari AS oWNLJL oG Rtcaa-b
Address: e li e. 4t4A-J ST . �r rC Hot_ Address:
7-4L*Zb14n),c 1-%09
Telephone Number: C4J9) 78�-'� 143� Telephone Number:
Location of deed(9) or Instrument(s): County NEQ J4AI)t3VkX Book I IL`I page 04:1
The above information Is true and correct to the best of my knowledge and belief and was provided by rna white under oath.
(This form must be signed by the financially responsible person if an individual and by an officer, dlraclor, partner, attorney -in -
[act, of other person of authority to execute instruments for the financially responsible person 11 not an IndlvidUal,) I agree to
provide corrected Information should there be any change in the Information provkdgdfi#rein. lj
Date: Ju L`r 2 a lgq'i Nama (Typ
�e.a, t,
Title: c7f[ — Signf.ature:
0
ZZ F02 t N zFW "70 &b P P^^W
I.. L�<- �� , a Notary Public of the County of State of North
Carolina, hereby certily that' i k= I'� r ��r,-L'l appeared personally before me this day and be-
,awoi'h.acknowtedgsd that the above form was execuled by him,
=�- Witrlost my hand and notarial seat, Hits K— day of 1[-•�a , 19 -- -
Notary - _�r s r=
My commlaslon expires /

ENGINEERING & FACILITIES
Ai it
97121
}-T{E,
File Number
s_oa _ }
Fee PaidUAW
.ry+i74
Dat _ .
Applicant: The Enclave Associates, L.L.C. Applicant's Agent: John P. Ber nt
Address: 100 Point Crest Court Address: 100 Point Crest Court
Cary, NC 27513 Cary, NC 27513
Telephone Number: (919)- 460-7411 Telephone Number: [phone]
APPLICATION FOR PERMIT FOR A J
LAND -DISTURBING ACTIVITY
UNDER THE CONDITIONS SET -FORTH BY
THE NEW HANOVER COUNTY
SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE
Total Acres of Land Disturbance
3.0
Location and Description of Land Disturbance:
}
Land owner(s) of Record
Purpose of Development: _ Multi family residential-",
STATEMENT OF FINANCIAL RESPONSIBILITY
Person or firm(s) financially responsible for the
land -disturbing activity. If not a North Carolina
resident you must have a N.C. agent (List Below)
Name: The Enclave Associates, L.L.C. Name: John P. Berent
Address: 100 Point Crest Court Address: 100 Point Crest Court
Cary, NC 27513 Cary, NC 27513
Telephone Number: [phone] Telephone Number: [phone]
Location of deed(s) or instrument($). County New Hanover Book 1864 Page 50
The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath.
(This form must be signed by the financially responsible person if an individual and by an officer, director, partner, attorney -in -
fact, or other person of authority to execute instruments for the financially responsible person if not an individual.) I agree to _.
provide corrected information should there be any change in the information provided herein.
Date: 12ZQ2Z27 --
Title: Managing Member
Name (Type or Pri
Signature:
1. Mon i C y�a,Notary Public of the County of � _ NO-flOW State of North
Carolina, rqgpify that r2 appeared personally before me this day and be-
ing durj�agkpdged that the above form was executed by hire.
jAgy ;
t L?
'%
'__11Vi..*0VER G�..�����
Witness my I1aand and notarial
Notary
s _ day of.. DeG M , 19 9-1
/1
My commission expires

TRIPP ENGINEERING, P.C.
+ 507 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • Fax: [phone]RU�
EC 3 0 1997
December 17, 1997
NCDERNRr
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Enclave
Wilmington, NC
TE No. 97121
Dear Linda:
Enclosed please find two (2) sets of plans, two (2) sets of sealed calculations, one
pond maintenance agreement, one (1) signed application form, and one (1) check to cover
the application fee.
Please review for approval and contact us with any questions or comments. Thank
you.
Sincerely,
Tripp Engineering, P.C.
a4. 147w(
A—T—'
Phillip G. Tripp, P.E.
PGTIj ss