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HomeMy WebLinkAboutSW8950701_HISTORICAL FILE_19980428 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 950_JOI DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE I (► of B 04 2 8 YYYYMMDD I;,. 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 April 28, 1998 Mr. Ken Gebert, President Parkstone Limited Partnership 2017 Kenilworth Lane Wilmington, NC 28405 'i� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Perm it No. SW8 950701 Woodbridge Subdivision High Density Subdivision Stormwater Project New Hanover County Dear Mr. Gebert: The Wilmington Regional Office received the request to transfer the ownership of this Stormwater Management Permit Application for Woodbridge Subdivision on April 21, 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 950701, dated April 28, 1998, for the construction of the project, Woodbridge Subdivision. This permit shall be effective from the date of issuance until November 28, 2005, 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. Ifany parts, requirements, or limitations contained in this permit are unacceptable, you have the rightto 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 (910) 395-3900. Sincerely, Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIT\95070LAPR cc: Phil Norris, P.E. Tony Roberts, New Hanover County Inspections Beth Easley, New Hanover County Engineering Linda Lewis cW ilm ington=Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 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 F PERMISSION IS HEREBY GRANTED TO Parkstone Limited Partnership Woodbridge Subdivision New Hanover County FOR THE construction, operation and maintenance of 2 detention ponds 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 November 28, 2005 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS State Stormwater Management Systems Permit No. SW8 950701 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Woodbridge Subdivision Permit Number: 950701 Location: New Hanover County Applicant: Mr. Ken Gebert, President Mailing Address: Parkstone Limited Partnership 2017 Kenilworth Lane Wilmington, NC 28405 Application Date: April 21, 1998 Water Body Receiving Stormwater Runoff: Wrightsville Beach Recreation Area Classification of Water Body: "SB#" Pond Depth, feet: Permanent Pool Elevation, FMSL: Total Impervious Surfaces, ft2: (Lots k/Total BUA) Roads/Parking, ft2 Other, ftz Offsite Area entering Pond, ft2: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, ft3: Provided Storage Volume, ft3: Temporary Storage Elevation, FMS Controlling Orifice: POND 1 5.5 L: POND 2 7.5 9 8.9 103,050 137,930 68,000 92,000 28,540 38,370 6,510 7,560 none, per Engineer 6,409 4,097 7,316 4,490 10,489 13,737 11,761 14,940 10.5 11.3 1.5"� pipe 1.5"� pipe 0 3 State Stonnwater Management Systems Permit No. SW8 950701 4. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may hot be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 6. 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. 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. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. 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 grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 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. 2 State Stormwater Management Systems Permit No SW8950701 4. Decorative spray fountains will not be allowed in the ponds. 5. 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. e. 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. 6. 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. 7. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. "The. maximum built -upon area per lot is * square feet, inclusive of that portion of the right-of- way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." *See Attachment A for a listing of each lot's specific BUA allotment. b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "All runoff on the lot must drain into the detention pond." 8. 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. 9. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 10; 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. 5 State Stormwater Management Systems Permit No SW8 950701 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 "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. 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. 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 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. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Permit issued this the 28th 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 950701 .1 State Stormwater Management Systems Permit No. S W 8 950701 Woodbridge Subdivision Stormwater Permit No. SW8 950701 New Hanover County Engineer's Certification 1, , 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, 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 specifications: Signature Registration Number Date SEAL S'TORMWATER MAINTENANCE SYSTEM MAINTENANCE PROCEDURES PARKSTONE AT LANDFALL SW8 950701 RESPONSIBLE PARTY A. The project will be maintained by: Parkstone Limited Partnership 610 Gunston Lane Wilmington, NC 28405 2. DETENTION POND AND COLLECTION SYSTEM #1 A. The detention pond will be checked after every major storm event to insure that the outlet structure is working properly and is not clogged with debris. Remove any accumulated sediment or debris. Any signs of erosion or deterioration of the pond side slopes or any other feature must be repaired before the next storm event. B. The depth of the pond wi I I be checked every six months to determine the depth of the permanent pool. The pond will be cleaned out when silt deposits reduce the depth of the permanent pool below 5.5 feet. The side slopes of the pond shall be mowed as required to maintain a grass height not to exceed 8 inches in height. C. Collection basins and piping will be checked every six months and kept clear as necessary. 3. CERTIFICATION The former owner has submitted to the Department of Environment and Natural Resources an Engineer's Certification that the stormwater facilities were constructed in accordance with approved plans. 70 Signature: Ken Gebert 'Title: Date NOTARY'S CERTIFICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2 County aforesaid, certify that_ day and acknowledged the clue WITNESS my hand and My Commission Expires: a Notary Public in and for the State and [Te ,Sala! ct I. U ;� _, personally appeared before me this instrument. of Maxt I , 1998. Public ���� (tt, r S+� �iki .. . `�� STORMWATFsR MAINTENANCE SYSTEM MAINTENANCE PROCEDURES PARKSTONE AT LANDFALL SW8 950701 RESPONS1131.E PARTY A. The project will be maintained by: Parkstone Limited Partnership 610 Gunston Lane Wilmington, NC 28405 2. DETENTION POND AND COI.1- C'IION SYSTEM #2 A. The detention pond will be checked after every major storm event to insure that the outlet structure is working properly and is not clogged with debris. Remove any accumulated sediment or debris. Any signs of erosion or deterioration of the pond side slopes or any other feature must be repaired before the next storm event. B. The depth of the pond will be checked every six months to determine the depth of the permanent pool. The pond will be cleaned out when silt deposits reduce the depth of the permanent pool below 7.5 feet. The side slopes of the pond shall be mowed as required to maintain a grass height not to exceed 8 inches in height. C. Collection basins and piping will be checked every six months and kept clear as necessary. 3. CERTIFICATION The former owner has submitted to the Department of Environment and Natural Resources an Engineer's Certification that the stonnwater facilities were constructed in accordance with approved plans. � wu 9r tgnature: Ken Gcbert "Title: Date NOTARY'S CERTIFICATION STATE OF NORTI-I CAROLINA COUNTY OF NEW HANOVER 1, :TP—nY1tg1- �T-n UU a Notary Public in and for the State and County aforesaid, certify that � personally appeared before me this clay and acknowledged the clue execution foregoing foregoing instrument. 0oe�ot�ptlfo ���yy, `IFEq WITNESS my hand and nid&— OtI'Mrilik�►xta day of g...., My Commission Expires: s Ft!tpd� �_��-aka- �'•••.. '•ubER CS ' State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director WATER 0:,,: r �. mng ©©tea©vvioo 1. Permit holder's name- Landmark Developers, Inc. 93500610 P.02 74 jAjj-* ? Ar t SECTION I Permit's signing official's name and title: Margaret Gray (Person legally responsible for permit) Site Development Director (Title) 3. Mailing address: P.O. Box 4127 City WIIMINGTON State. NC Zip CDde`2840b phone: t 910 l 392-7201 1. This request for a name change is a result of. Xa. Change inowaersiupofproperty/company (attached deed) —Lb. Name Changoonly(from Woodbridge to Parkstone) _G Other (please explain): 2. New owner's name (name to be put on pem 3. New owner's or siping official's name and ao/- . A/� LYVY�,•�; 4. MailingWil.mi.n toti'de) address: fil R F,,,n.i ..A i� I,A�City g 4 Slate: NC Zip Code`28405 Phone: { 9/D 5l —I? / �� W M� OAT-'31-1995 16:37 FROM EHNR WILM REG OFFICE TO 93500610 P.03 PERM NAM/OWNERSHIP CHANCE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. • 90 l- a i. This completed application 2. Processing fee ofJ.66" (Checks to be made payable to DEMM) 0=a140.OD 3. If an ownership change, legal documentation of the transfer of ownm%Np (each as a contract, deed. articles of incorporation) CERTIFICATION. MT BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Current Permittee's Certification: I Margaret Gray �att6 &=this IiCattonfornaIDd app owt:aship change has been reviewed and Is accurate and complete to the bestof my knowledge. I tmdetstand that if all required parts of this application are not completed that if all m%d ed saF1 iag information and attachments am not included, this 9pplication ppgkage wi4be rearmed as incomplete. Tz Form, 11 wgghqeVj ►: Applicant's Certification: I Ken Gebert , attest That this application for a name/Ownetship change has been nd reviewed and is accurate acomplete to the best of my knowledge. I undetstand that if all required pans of this application are not completed and that ff all =%uired suppotting infotmadon and attachments am not included, this licati e `r be re as mmmplete. Signat� i<." �� THE COMPLI3IEO APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATEREAi.S, SHOULD BE SENT TO THE RMLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section W1 DENSITY PROJECT DATA Project Nai DIVISION OF ENVIRONMENTAL MANAGEMENT A&K #95006 ENGINEERED R Woodbridge at Iandfall Location (County, Township/Municipality, Address, State Road) New Hanover County Owner's Name Lardnark Developers, Inc. Mailing Address P.O. Box 4127 Wilmington, NC 28406 Phone Number 910-392-3828 Submittal Date June 30, 1995 Brief Description (include map and appropriate drawings) Residential subdivision located within Landfall. See site plan. Name of Water Body Receiving Stormwater Runoff Motte Channel Classification of Water Body SC If SA waters, engineered system, and distance is <0.5 miles, attach report of chloride sampling results mg/I State/Federal Permits/Approvals Required (Check appropriate blanks) CAMA Major _ 404 Permit _ Other (Specify) CALCULATION OF BUILT UPON AREA Sedimentation/Erosion Control DEM/DHS Sewage Disposal _ X X Built upon area means that portion of a development that is covered by impervious or partially pervious cover including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. .If the project includes areas draining;to different water classifications, please note them separately. below. Classification Built upon area Total Project Area % Built upon Area Allowable B/U Area Subwatershed 'Pond 4 SC 1031050 SF 225;912 SF 45.6% 258 Subwatershed Pond #2 SC 137,930, SF 284,010 SF 258 ;l . Is the Project B/U Area < the Allowable B/U Area? No (If no, an engineered system is required.) % Built upon area = (built upon area / total project area) * 100 Built upon area limits for projects to meet density: SA waters --- 25%, Other ---30% qfficeiuse.1only� STORMWATER COLLECTION SYSTEM Describe how the runoff will be treated Retention _.°���U - iM 0 9 1995 DEM "ROJ �& SWS g5070, BUFFER AREA Is the built upon area at least 30 feet from mean high water of all surface waters? YeS If no, please provide a description N/A (Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed within 30 feet of the mean high water line if the project is intended to meet stormwater control requirements through density limits.) DEED RESTRICTIONS AND PROTECTIVE COVENANTS By my signature below, I certify that the recorded deed restrictions and protective covenants for this project shall limit the allowable built -upon area per lot to * square feet inclusive of right-of-way, structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be changed or deleted without consent of the State. * See Attachment "A" CERTIFICATION I, Margaret Gray , certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information, and that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC 2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and agree to abide by the deed restriction stat ment abo e. Ow r' gnature Date Provide authorized person or firm name and address below: J. Phillip Norris, PE 910-343-9653 W Andrew & Kuske Consulting Engineers, Inc. 910-343-9604 F 202 North Fifth Avenue Wilmington, N.C. 28401 I, wrier M. %Icrv�'ar, allotary Public for the State of �Ay+i'co.ro(aka County of OLw 4cLy ovu do hereby certify that o ezft personally appeared before me this q-m- day of OVLr+_bu� acknowledges the due execution of the foregoing instrument. Witness my hand and official se ..'.. ;Zep0 �DAua- -A C�O�vrotM -V N0tARY. O- - U eras My commission expires 7—AP -q � s� PUBLIC I �' bft 44 DIVISION OF ENVIRONMENTAL MA 0079SIGN-OFF Regional Office 28 ►)oy 95 Date Date cc: , Applicant/WiRO/Bradley Bennett/Central Files Frela: Landmark Developers, Inc. 5022 Wrightsville AvehYc``+j PO Box 4127 (28406) Wilmington, North Caroli�e 2840App 21 1998 919/392-7201 Ih To: LETTER OF TRANSMITTAL DATIE I I 9 J) JOB NO: ATTEN�IION: S RE: I In - WE ARE SENDING YOU Attached Under Separate Cover Via the following items: OShop Drawings Prints Plans Samples Specifications Copy of Letter Change Order t �A d� I i. i► .. . _aJ THESE ARE TRANSMITTED as checked below: For Approval Approved as Submitted r.�For Your Use Approved as Noted . �As Requested Review and Sign For Your Review & Comment Returned for Corrections I^1 REMARKS CIm1 COPY TO: Tnmmiu.1 SIGNED: A P R — 1 6— 9 e T H U 1 1: 2 2 M U R C H I S O N. T A Y L O R A T T Y St P. 0 2 ,Apr'L�16-98 10:32A P.02 tPyL SccK 6 r-cor•.�Eo a vErl�lt:o \IOU a 21 9 '!!.,;Y $ICE OOTS l NOTES WE PREPARED THE DEED IN THIS TRANSACTION BUT NO EXAMINATION OF TITLE IS MADE AND NO OPINION ON TITLE TO THE PROPERTY IS EXPRESSED. PARCF_L NUMBER: Pt. of 05710-002-003-000 and Pt. of 05710-002-008-000 PrePPa MURCHISON, TAYLOR, KENDRICK & GIBSON, L.I.-P. l3() V ` 10 North Fifth Avenue, Wilmington, NC 28401 NEM NANOVER CITY Me 03/04/90 *1 $2160.00 NORTH CAROLINA Ilan� E TA OLINA xci : y se Tax NEW HANOVER COUNTY Estirle WARRALVTY DEED t:' THIS DEED, made and entered into this 4th day of March 1998. by and between Landmark Developers, Inc., a North Carolina corporation, with its principal office in Wilmington. New Hanover County, North Carolina, herein called GRANTOR, and Pnrkstnne Limited Partnership, a North Carolina limited partnership, whose mailing address is 610 Gunston lane, Wilmington, North Carolina 28405 herein, whether one or more, called GRANTEE; WITNESSETHt The GRANTOR, for and in consideration of the sum of Ten dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged. has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the above granted and described properly, together with all and singular, the rights, privileges, easements, tenementsand appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors anti assigns, in fce simple, forever. And the GRANTOR, for itself, its heirs, successors and assigns, flocs covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee of the above granted and described property: that it has good right to sell and convey the same in fee simple,. that the same is free and clear from any and all restrictions, casements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the title to the some against the lawful claims and demands of any and all persons whomsoever. 'TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. 9Zl .....V •. r,,o 4: cataoaATs LANDMARK DEVELOPERS, INC. ;5? (CORPORATE SEAL) V. 1. SE AL 'q ATTEST: ��`14 y. L 4 111 a >r Fresident ASST•_ Secretary 6601 i �a APR - 1 6- 9 e T H U 1 1: 2 2 M U R C H I S O N. T A Y L O R A T T Y S P. 0 3 , Apr-lei-9B 10:32A P.03 R\ BOOK PAGE 2321 0977 NORTH CAROLINA NEW HANOVER COUNTY 1, - , a Notary Public of the State and County aforesaid, certi y that personally came before me this day and acknowledged that4ie is AWSST_ secretary of Landmark Developers, Inc., a North Carolina corporation, and that by authority duly given nnd.ns the act of the corporation, the foregoing instrument was signed in its name by its �yt-L president, sealed with its corporate seal, and attested by himself as its ASS• secretary. WITNESS my hand and official seal this 44 day of Ma jtt�—. 1998. My commission expires: leg ZOO NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate 0 -- /i -mod a Notary Public of North Carolina, is certified to be correct. This day of�,1998. MARY SUE OOTS BY. ) -AA ID Deputy Register of Deeds 6601 A P R - 1 6- 9 0 T H U 1 1: 2 3 M U R C H I S O N. T A Y L O R A T T Y S Apr.-.16 -98 1 O : 33A '?3z1 0978 P . 0 4 P.04 EXIII 1T A Being all that certain uact or parcel of land lying and being located in Harnett Township, New FIanovcr County, North Carolina and being bound on the North by Odyssey Drive, right of way varies. Bound on the East by (now or formerly) Tract "C" of Landfall Associates as recorded in map book 34, page 219 In the New Hanover County Registry. Bound on the South by a 20' Bike and Pedestrian Easement in deed book 1520, page 808. Bound on the West by (now or formerly) a portion of Tract "B• l' of Landfall Associates in map bo'oit 34, page 219 and Woodbridge at Landfall in map book 35. page 355 and being more particularly described as follows: Comnncncing horn a point located in the eastern right of way of Odyssey Drive and the northern right of way of Hallmark Lane and thence running with the said right of way of Odyssey Drive N 47' 02' 55" E 26.36' to an existing iron pipe. Thcnce continuing with said right of way N 50' la 58" E• 82.53' to an existing iron pipe and said pipe being the Point of Beginning. Thence with said right of way of Odyssey Drive N 50' 10' 58" E 304.25' to an existing iron pipe. Thence leaving said right of way and running with the common property line of Tract "C" S 53' 59' 14" E 633.95' to an existing iron pipe. Thence running with the common northern property line of a 20'. Bike and Pedestrian Easement S 39' 23' 29" W 72.45' to an existing iron pipe. Thence running S 074 03' 18" WA26.08' to an existing iron pipe. Thence running N 78' 04' 1 1" W 160.91' to an existing iron pipe. Thence running S 47. 48' l0" W 92.94' to an existing iron pipe. Thence running S 17. 59, loll W 64.52' to an existing iron pipe. Thence running S 00' 41' 12" E 70.46' to an existing iron pipe. Thence running S 1 5' 27' 0 1 " E 40.68' to an existing iron pipe. Thence running S 13' 41, 28" W 57.73' to an existing iron pipe. Thence running S 21' 41' 25' W 69.09' to an existing iron pipe. Thence running S 03' 27' 09" W 53.88' to an existing iron pipe. Thence running S 23' 03' 17" W 50.12' to an existing iron pipe. Thence leaving said 20' Bike and Pedestrian Easement and'running with the common property line of Tract "A" N 57' 31' 51" W 339.70' to an existing iron pipe. Thence running N 33' 5G' 09" E 156.34' to a point located in eastem right of way of Hallmark Lana Thence cunning with said right of way N 50' 14' 24" W 64.30' to an existing iron pipe. Thence running with the castem property line of Woodbridge at Landfall N 13. 44' 25" W 7.69' to an existing iron pipe. Thence running N l 3' 59' 15" E 17,09' to an existing iron pipe. Thence running N 32' 08' 3G" E 20.87' to an existing iron pipe. Thence running N 28' 56' 55" E 37.69' to an existing iron pipe. Thence running N 24. 17' 19" E 46.78' to an existing iron pipe. Thence running N 12' 23' 41" E 38.69 to an existing iron pipe. Thence running N 13031' 47" W 36.94' to an existing iron pipe. Thence running N 27. 02' 21" W 34.47' to an existing iron pipe. Thence running N 29' 15' 31" W 38.30 to an existing iron pipe. Thence running N 40. 48' 19" W 50.39' to an existing iron pipe. Thence running N 41' 24' 06" W 55.79' to an existing iron pipe. Thence running, N 37' 17' 16" W 45.33' to an existing iron pipe. Thence running N 39' 25' 09" W 60.OU to an existing iron pipe. Thence running S 50' 31' 40" W 10.00' to an existing iron pipe. Thence running N 39' 28' 2O" W 19.69' to an existing iron pipe and said pipe being the point of beginning'and containing 7.74 acres and being shown on a Record Plat prepared by Hobbs Surveying Company, Inc. dated February 26, 1998 to which reference is hereby made for a more full and accurate description. Together with and subject to all the tenements, easements, hereditaments and prepared by Hobbs Surveying Company..belonging Inc dat anywiser in February appertaining. Legal gal description And together with any and all rights of ways and easements reserved to Grantor by the Protective Covenants for Woodbridge.at Landfall as amended. gulsject to New 11anover County taxes, ll-easements,r rights oof way and restrictions Of record, all including zoning, subdivision and building regulations. Igx'lA'F;r':L: 9-3500611) 1. 0 : 29 State of North Carolina Department of Environment and Natural Resources WilmingtonIkegional Office James B. Hunt, Governor Wayne scerctilly. FAX COVER SHEET Date: 1— (71�'3-qO To: CO; L < REMARKS: N F L20- 7' 127 Cardinal Drive Extension, Wilmington- N.C. 218405-3845 Telcithour (910) 395-3900 Fay (010) 350-2904 An Equal Opportunity Awmative Action Employer N State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor Wayne McDevitt, Secretary Date: I- 9-48 To: 2r¢ (5i- CO: C c FAX #: 350 Cke 10 REMARKS: FAX COVER SHEET No. Of Pages: 2 From: Linda L e.j-li s CO: FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer I/ 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 Ms. Margaret Gray Landmark Developers, Inc. PO Box 4127 Wilmington, NC 28406 Dear Ms. Gray: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 8, 1998 Subject: Permit Transfers Woodbridge ®Landfall Stormwater Project No. SW8 950701 New Hanover County The Wilmington Regional Office received your letter concerning permit transfers. In general, this Office considers the following items prior to transfer of a stormwater permit: 1. Has the site been constructed in accordance with the approved plans? A modification to the permit will be required if construction differs from that which was approved. 2. Has the Engineer's Certification been received? This is a legal document which indicates to the State that the project and it's stormwater controls have been constructed in substantial accordance with the approved plans. 3. Is the site currently in compliance, ie., no outstanding violations or maintenance issues? Upon receipt of the request to transfer the permit, an inspection will be made. 4. Have the proper forms been signed and submitted? (A permit name/ownership change form. If the project is engineered or curb and gutter, a signed Operation and Maintenance form is also required. Refer to NCAC 2H.1003(e) for signature requirements.) 5. In the case of a subdivision, are at least 50% of the lots sold, and is the HOA financially able to take on the maintenance responsibility? The president of the HOA must be a resident of the subdivision. (These provisions have been verbally approved by the AG's office.) In the case of a new owner/developer for the subdivision, the signature requirements of NCAC 2H.1003 (e) will apply. 6. Were the deed restrictions accurately recorded prior to selling any lots or outparcels, and has a copy been forwarded to this Office? 7. A copy of the legal document indicating the ownership change. RSS/arl: S:\WQS\STORMWAT\LETTERS\950701.JAN cc: Linda Lewis 127 North Cardinal Dr., Wilmington, North Carolina 28405 An Equal Opportunity Affirmative Action Employer Sincerely, i� 4�C6 �'"-2. Linda Lewis Environmental Engineer Telephone910-395-3900 FAX 910-350-2004 50% recycled/10% post -consumer paper Landmark Developers, Inc. January 2, 1998 Linda Lewis DEI-INR/DWQ 127 Cardinal Dr. Ext. Wilmington, NC 28405 RE: 15HC Landfall SW8 950701 Dear Linda: REQ EY: We received a stormwater permit for this project on November 28, 1995. Section III of the General Conditions state: 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 request must be submitted to the Division of Environmental Management 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. Since this request will be considered on its merits and may or may not be approved, could you provide me in writing what it would take to assure that a request for transfer is approved? We have a potential buyer for the tract and he needs to know whether this permit can be transferred or whether he will be subject io additional storutwaier submittals. Thank you. Sincerely, PC: Chris Stephens 5022 Wrightsville Ave. ^ P.O. Box 4127 • Wilmington, N.C. 28406 ^ (910) 392-7201 9 Telecopier (910) 799-1455