SW8050132_Historical File_20230309

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Hall, Christine
From: Hall, Christine
Sent: Thursday, March 9, 2023 11:27 AM
To: Frank Rush
Cc: Snider, Holley
Subject: RE: [External] RE: Town of Cape Carteret - Proposed Ardan Oaks Storm Water Solution
Frank,
Thank you for the exhibit and added details. I'm glad to hear that the permit holder and neighborhood is in favor of this
plan. Once the design is a bit further along, please work with the permit holder to have them sign the minor
modification form available on this website: New Permits & Permit Modifications I NC DE Q and submit via either the
Express program or standard program. More information regarding those two submittal types are included at the
bottom of this same website.
This form, along with the supporting documentation demonstrating the changes, including any design plans, will need to
be submitted to this office for review and approval. The reviewer assigned to this project will review to ensure that
compliance with the low density permits continue to be met. Once everything lines up, they should also include a
condition in the permit mentioning this new feature but that it is non -enforceable by the Division.
Please also work with the permit holder or be prepared to address how the BUA assigned to that lot will be handled. For
instance, is it to be considered future BUA that could be used by the permit holder at their discretion within the
subdivision? Another option includes revising the BUA allocations for the other lots but that involves revising deed
restrictions, which may be more effort than desired at this point.
If you have further questions about the permitting process, please let me know.
Christine Hall, PE (she/her/hers)
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources —State Stormwater Program
North Carolina Department of Environmental Quality
Office: [phone]
Address: 127 Cardinal Drive Ext., Wilmington, NC 28405
christine.hall@ncdenr..Rov
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From: Frank Rush <f rush @ca peca rteret.org>
Sent: Tuesday, March 7, 2023 2:40 PM
To: Hall, Christine <Christine. Hall @ncdenr.gov>
Cc: Snider, Holley <[e-mail]>
Subject: [External] RE: Town of Cape Carteret - Proposed Ardan Oaks Storm Water Solution
CAUTION: External email. Do not click links or open attachments unless y«u verify Send am v.jsplcirw, emaii as an attachment to
Report Spam-

Christine —
I spoke to the current holder of the Ardan Oaks storm water permit about the Town's plan, and I believe it will be easy
to secure his approval to modify the existing storm water permit to incorporate the Town's plan if you believe that's the
simplest path forward. He is very supportive of the Town's plan, as are the nearby property owners and the property
owners association.
I'll send you an engineered design once it's complete, and then welcome your guidance on the best way to proceed.
To recap, I don't anticipate that we'll disturb more than one acre, and we'll only convey the storm water during
emergency situations (i.e., hurricane -like rainfall events). Importantly, any emergency discharge that ultimately makes it
to Rocky Run will first be treated in the existing bioretention area and the planned new bioretention area, and then
travel through a vegetative Swale for up to 300 feet +/- before it reaches Rocky Run.
Thanks again for yours and Holley's assistance.
Frank
Frank A. Rush, Jr.
Town Manager
Town of Cape Carteret
102 Dolphin Street
Cape Carteret, NC 28584
[phone] office
[phone] mobile
f r u s h@ ca p e ca rte ret. o rg
www.townofcapeca rteret. org
From: Frank Rush
Sent: Tuesday, March 7, 2023 10:43 AM
To: Hall, Christine <[e-mail]>
Cc: [e-mail]
Subject: Town of Cape Carteret - Proposed Ardan Oaks Storm Water Solution
Christine —
Thanks for talking with me a few minutes ago. I've attached a conceptual plan for the proposed improvements that I
discussed with you and Holley Snider earlier today. Essentially, the Town would acquire the vacant lot, create a
bioretention basin, and install an emergency discharge that would only release storm water to a new vegetated swale
that ultimately leads to Rocky Run (a small stream south of Ardan Oaks). The emergency discharge would only be
activated during significant rainfall events, likely only once over 1— 5 years or so — otherwise it would be engineered to
block flow out. The Town can achieve gravity flow from the vacant lot to Rocky Run, and is working to secure the
necessary easements (all of which are on high ground). In the absence of the proposed solution, it is likely the Town will
need to engage in emergency pumping, as has been the case in the past.
As we discussed, I will send you and Holley a copy of the engineered plans once they are complete. In the meantime, I
will attempt to track down the original storm water permit holder and ask them to concur with the modification to the
existing storm water management permit. As we discussed, there is no interest in converting the permit to a high

density permit, or any other changes. I like your suggestion about simply documenting the addition of these new
features in the existing permit file, but not incorporating them into the permit. Ultimately, I'm seeking the most
straight -forward process to achieve the desired goal, and greatly appreciate yours and Holley's guidance and assistance.
I will be in touch soon.
Frank
Frank A. Rush, Jr.
Town Manager
Town of Cape Carteret
102 Dolphin Street
Cape Carteret, NC 28584
[phone] office
[phone] mobile
frush@ca pecarteret.orp,
www.townofcapecarteret.or�

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Edmonds, Jessica
From: Edmonds, Jessica
Sent: Monday, May 2, 2022 4:04 PM
To: '[e-mail]'
Subject: Ardan Oals - SW8 050132
Attachments: 2021 01 CEI_BIMS 050132.pdf, 2021 05 CEI_deficient 050132.pdf, 2022 02 CEI_BIMS
050132.pdf, 2022 02 CEI_deficient 050132.pdf
Hi Tanya,
It was nice to speak with you this afternoon. I have attached PDF copies of the two compliance letters and their
corresponding compliance inspection reports. The most recent letter was sent by Creighton Brown who will better be
able to answer any specific questions you have about compliance ([e-mail], direct: 910-796-7314).
As mentioned on the phone, it is a common misconception that this post -construction state stormwater program is
responsible for handling drainage or flooding. The purpose of this program is to protect the quality of the receiving
waters. Since this community is permitted as a low density subdivision, this protection is provided by ensuring that the
built -upon area (BUA) limitations are followed, the required curb outlet swales or vegetated areas are being provided,
and that the vegetated conveyances are not piped (except to cross under BUA). Low Density permits, however, do not
guarantee nor require drainage. Additional information regarding flooding or drainage issues can be found on the
following website: NC DEQ: Flooding Guidance.
Our paper files are considered public record and would include things like the application documents, approved site
plans, and other supporting documentation. If you need further information, we can either arrange a time to make the
file available for review here in the office or can arrange to have the file scanned at your expense. The cost to scan
depends on how big the file is ($35/inch of file thickness). Please advise if you would like to take advantage of either of
these options.
Thanks,
Jessica Edmonds, El
Environmental Engineer
Division of Energy, Mineral, and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7344
Email: iessica.edmondstcDncdenr.gov
Address: 127 Cardinal Drive Ext.
Wilmington, NC 28405
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Hall, Christine
From: Hall, Christine
Sent: Tuesday, February 2, 2021 4:29 PM
To: Kellie Norris ([e-mail])
Subject: Arden Oaks, SW8 050132 - complaint follow up w/ inspection report and letter
Kellie,
I'm going to pass this file & inspection notes from Creighton to you to follow up with and send the notice of inspection
out. I don't have much history on it but it looks like he conducted this inspection based on a compliant. Next time we
are both in the office, we can walk through the process. I believe you've done another inspection for the one transfer
that you were assigned. This will likely be similar.
Christine Hall, PE
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7339 ** Please note the change to my direct phone number **
Email: chdstine.hallancdenr.gov
Address: 127 Cardinal Drive Ext.
Wilmington, NC 28405
Email conespordence to and from this address is subject to tha
North Cara na Public Records La ; and may be disclosed to third parties.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, March 7, 2019 9:29 AM
To: Mairs, Robb L, Georgette Scott
Subject: RE: [External] Re: Emergency Floodwater Pumping Guidelines
I talked to Robb yesterday. It is an unusual situation. It is low density to SA, 25% under the 1995 rules. The permit
doesn't have an infiltration system listed and there is no mention of it in the file. But, it is on the plans. Under 1995
rules, discharge to SA wasn't prohibited for low density. It is also Carteret County so it is unlikely that there were flood
control requirements for the basin. There is no 0&M for the basin.
The system of swales was designed to drain towards the entrance of the neighborhood. The water collects in an area
that would drain towards the infiltration basin after flowing over a common (I suppose grassed) area. There is no outlet
for the infiltration basin. Water that did not make it to the infiltration basin would drain offsite, likely to roadside
ditches and "away" from the neighborhood. I can't think of any legal reason as to why the basin would be
there. Perhaps it was to slow the water before it blew out the roadside ditches? I am not sure. It sounds like the
neighborhood is trying to figure out what the basin is and what the maintenance requirements are for it so that they can
clear it out for flood control purposes. Robb mentioned them applying for a grant. I think that that is fine under our
requirements.
Kelly
From: Mairs, Robb L
Sent: Thursday, March 7, 2019 8:21 AM
To: Johnson, Kelly <[e-mail]>
Subject: FW: [External] Re: Emergency Floodwater Pumping Guidelines
Fyi, in case you are asked about it.
Thanks for your assistance.
Robb
From: Mairs, Robb L
Sent: Thursday, March 07, 2019 8:18 AM
To: Scott, Georgette <[e-mail]>
Subject: RE: [External] Re: Emergency Floodwater Pumping Guidelines
Kelly and I reviewed the SW permit together before I replied back to them.
From: Scott, Georgette
Sent: Thursday, March 07, 2019 8:17 AM
To: Mairs, Robb L <[e-mail]>
Subject: Re: [External] Re: Emergency Floodwater Pumping Guidelines

Who did you talk to in DEMLR?
Georgette
From: Mairs, Robb L
Sent: Wednesday, March 6, 2019 11:31 AM
To: King, Morelia s; Troy Campbell; [e-mail]
Cc: DeniseinNC; [e-mail]; Ritch Yeager; Scott, Georgette
Subject: RE: [External] Re: Emergency Floodwater Pumping Guidelines
All,
I was able to pull the state stormwater permit (SW8 050132) for the Ardan Oaks Subdivision. Based on the file review,
there should be an infiltration basin located within the most northeastern portion of the subdivision next to the
common area, which receives stormwater via existing swales. Based on our database, and conversations with staff with
the NC Division of Energy, Mineral, and Land Quality (NCDEMLR) State Stormwater Section it does not appear there was
an inspection done on the stormwater system. I have also included Ms. Georgette Scott, Supervisor with the NCDEMLR
State Stormwater Section to assist you with this, along with any proposal to this permit to address your concerns. I
would also be happy to attend any on -site meetings as well to discuss potential emergency floodwater pumping
requirements.
Thanks and feel free to let know if you need any further assistance.
Robb
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairs(cb-ncdenr.gov
https:Hdea. nc.eov/a bout/divisions/water-resources/water-resources-perm its/wastewater-branch/401-wetia nds-buffer-
ermits
127 Cardinal Drive Extension
Wilmington, NC 28405
_'
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: King, Morelia s
Sent: Monday, February 25, 2019 9:31 AM
To: Troy Campbell <[e-mail]>; [e-mail]
Cc: Mairs, Robb L <[e-mail]>; DeniseinNC <[e-mail]>; [e-mail]: Ritch
Yeager <[e-mail]>
Subject: RE: [External] Re: Emergency Floodwater Pumping Guidelines

Good morning Mr. Campbell and Mr. Steffey:
(I forgot to attach the guidelines to my previous e-mail).
Please find enclosed the "Floodwater Pumping Discharge Guidelines" that can be used to develop
management discharge plans to be submitted to our office for approval in advance of storm events.
Thanks,
Morelia
Morelia Sanchez King
Wilmington Regional Office: 127 Cardinal Drive Extension; Wilmington, NC 28405
(P)910 796 7218 - (F) 910 350 2004
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Troy Campbell[mailto:[e-mail]
Sent: Friday, February 22, 2019 6:27 PM
To: King, Morelia s <[e-mail]>; [e-mail]
Cc: Mairs, Robb L <[e-mail]>; DeniseinNC <[e-mail]>; [e-mail]; Ritch
Yeager <[e-mail]>
Subject: [External] Re: Emergency Floodwater Pumping Guidelines
External email, Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spa [e-mail]
Thank you, Ma'am.
Mr. Steffey - as the Town Manager, would you be able to participate in Mr. Mairs' site visit? I expect we will
also find an Ardan Oaks homeowner at our HOA meeting this evening who will be available to assist in
talking/walking through the potential storm water movement into the creek behind our development --as we
discussed in your office on Monday.
V/r,
Troy Campbell
703-966-1632
On Friday, February 22, 2019, King, Morelia s <[e-mail]> wrote:

Dear Mr. Campbell:
Thank you for contacting us regarding the drainage situation within the triangle formed by 1-24, US-58, and
Taylor Notion Rd. As discussed, I am enclosing the "Floodwater Pumping Discharge Guidelines" that can be
used to develop management discharge plans to be submitted to our office for approval in advance of storm
events. I am copying Robb Mairs (with our section) for coordination of a site visit, if necessary. Please write
us back with any additional questions that could arise.
Thanks,
Morelia
Morelia Sanchez King, PhD, PE
Interim Regional Supervisor, Water Quality Regional Operations Section
Wilmington Regional Office: 127 Cardinal Drive Extension; Wilmington, NC 28405
910-796-7218; morel [e-mail]
ray
Email correspondence to and from tills address is sub ect to the
North Carolina Public Records Law and tray be disclosed to third parties.

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, March 04, 2014 12:16 PM
To: '[e-mail]'
Subject: FW: SW8 050132, Ardan Oaks
Attachments: Ardan Oaks Permit.pdf
Mr. Hawks,
I think I may have a typo in your email address. It bounced... trying again.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, March 04, 2014 10:25 AM
To: '[e-mail]'
Cc: Weaver, Cameron; Scott, Georgette
Subject: SW8 050132, Ardan Oaks
Mr. Hawks,
As we discussed this morning, here is a link to the HOA Name/Ownership Change Form,
http://portal.ncdenr.ore/web/Ir/state-stormwater-forms dots. Click on "miscellaneous", and then you will see the form
under that tab. L. Ardan. Development Corporation is the current permittee of record, though I understand that the
company is finished developing the subdivision and would like to transfer permit responsibility to the HOA. There is a
list of items on the form to include with the submittal:
1.) The HOA Name/Ownership Change Form
2.) Documentation such as a deed that common areas have been transferred to the HOA (if applicable).
3.) Documentation that at least 50% of the lots have been sold. For this item we usually get a print out of addresses
and owners names. This requirement is per one of the transfer laws (SL2011-256), and it intent is to show that
the developer is no longer in control of the property and that the lots have been sold to families that run an
HOA.
4.) A copy of the recorded deed restrictions [see Section II(13) of the attached permit.]
5.) A certification that the site has been built in substantial compliance with the permit [see Section II(7) of the
attached permit]. This is usually from an engineer or a surveyor.
6.) Since the developer will transfer this to an HOA, he/she will need to submit documentation that that HOA is
registered as a corporation with the NC Secretary of State, http://www.secretary.state.nc.us/corporations/. If
you search by corporate name, you will eventually come to a screen that has the option to "view document
filings". Then, the HOA will have Articles of Incorporation which will show that they are a legal entity in NC.
And, since HOAs are non-profit they do not have to submit annual reports to the Secretary of State, so there
may not be any other documents listed. If this is the case, then he/she will need to also submit a copy of
meeting minutes from the most recent election showing the name of the HOA President. The President will
become the contact name on the eventual permit for the HOA.
7.) The $40 is waived because this is the first transfer for the permit.
Once we receive the form one of our staff will complete an inspection and file review to ensure that the site is in
compliance with the permit. If there are any items that need to be addressed, the inspector will contact the permittee.
Once the site is in compliance the permit will be transferred to the HOA.
If you have further questions, please call.
Kelly

I<-'eU'l johVISOVI,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Weaver, Cameron
From: Mcgee, Keyes
Sent: Monday, March 03, 20141:22 PM
To: Weaver, Cameron
Subject: DENR Message - Transfer of Ownership
Cameron,
DEACS retrieved a message off of the toll free line from
Mr. Brandon Hawks
Cape Carteret Inspections Department
Telephone: [phone]
Message:
Need to speak with someone about the transfer of ownership of stormwater permit
SW8050132, Ardan Oaks Subdivision.
Please identify WiRO staff to contact Mr. Hawks. Let me know if I can be of further assistance.
Regards,
Keyes McGee
North Carolina Department of Environment and Natural Resources
Division of Environmental Assistance & Customer Service
1639 Mail Service Center, Raleigh, NC 27699-1639
Phone: [phone]
Email correspondence to and from this address is subject to the NC Public Records
Law
3lLI114: Ctj.e0 3RANDotj Nfw0 , IC- 1*1-
1

r SOSi1D: 0332412
Date File& 9/18/2013 4:56:00 PM
' Elaine F. Marshall
BUSINESS CORPORATION ANNUAL REPORT North Carolina Secretary of State
NAME OF BUSINESS CORPORATION: L. ARDAN DEVELOPMENT CORPORATION 2013 26101723
SECRETARY OF STATE ID NUMBER: 0332412 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 12/31/2012
SECTION A: REGISTERED AGENTS INFORMATION
1. NAME OF REGISTERED AGENT: LOWELL A FREDEEN
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
104 Club House Dr
Swansboro, NC 28584 CARTERET
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: developers
2. PRINCIPAL OFFICE PHONE NUMBER: [phone]
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
131 Camp Morehead Drive
Morehead City, NC 28557 Carteret
SECTION C: OFFICERS (Enter additional Officers in Section E.)
NAME: Lowell A Fredeen
Filln, oslhe ny
10 Changes
SIGNATURE CONSTITUTES CONSENT TO THEAPPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
104 Club House Dr
Swansboro, NC 28584
3. PRINCIPAL OFFICE EMAIL:
5. PRINCIPAL OFFICE MAILING ADDRESS
131 Camp Morehead Drive
Morehead City, NC 28557
NAME: Leslie A Fredeen
NAME:
TITLE: Sec/Treas TITLE: President TITLE:
ADDRESS:
ADDRESS:
104 Club House Dr 104 Club House Dr
Swansboro, NC 28584-9759 Swansboro, NC 28584-9759
ADDRESS:
SECTION 0: N OF ANNUAL REPORT. Section 0 must be completed in its entirety by a person/business entity.
$ •L • f3
RE DATE
For.. must be signed an officar lieted under Section C of tlF•s room.
It eS i:r C" A , Ae eb et -hi
Print or Type Name of Officer
MAIL TO: Secretary or Stab, Corporations DMalon, Post Office Box 29525, Raleigh, NC 276W-0525
JPAe s6er,4T
TITLE