SW8161204_Current Permit_20200129

PLOY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
January 29, 2020
Halpern Ocean Isle, LLC
Attn: William Brown, Jr., President
5200 Roswell Road
Sandy Springs, GA 30342
NORTH CAROLINA
Enviro mmad Quaffly
Subject: Permit Transfer
State Stormwater Management Permit No. SW8161204
Ocean Isle Beach Market Place
Brunswick County
Dear Mr. Brown:
On December 10, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a
Permit Transfer Application Form from Halpern Enterprises, Inc. for the subject project. A file
review and site inspection was performed on January 10, 2019 by DEMLR staff and as noted in the
enclosed inspection report, the site is currently not in compliance with the terms and conditions of
the state stormwater permit. As indicated on the Permit Transfer Application form, you have
acknowledged receipt of a copy of: the most recent permit (including the application and
supplement forms); the approved plans; and, the required Operation and Maintenance agreement
from the previous permittee.
By acknowledging receipt of the permit, and by signing the Permit Transfer Application form, you
have accepted the responsibility for complying with the terms and conditions outlined in this
permit. The Division is hereby notifying you that permit SW8 161204 has been transferred on
January 30, 2020 and to remind you that this permit shall be effective until January 17, 2025. For
your records, please find enclosed a copy of the updated permit, the inspection report; and, the
Permit Transfer Application form. Please keep this cover letter, the updated permit, and the
associated permit documents on file with your other important records.
The Division notes that Tract B, which was owned by DWE Timber LLC, was purchased on October
3, 2018 by OIB Development, LLC (DB 4109 at PG 816). This permit has been updated to reflect this
change. Since DWE Timber LLC
This permit is issued subject to the conditions and limitations as specified therein. The permit is
issued contingent on the resolution of the compliance items listed in the January 10, 2019
inspection report, being resolved within 60 days of the issue date of this permit. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance of the
SCM(s), recordation of deed restrictions, and the procedures for changing ownership, transferring
the permit, and renewing the permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system, to record deed restrictions, to transfer the
permit, or to renew the permit, 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 by filing a written petition with the Office of Administrative
Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General
Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You
should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or
the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are
made this permit shall be final and binding.
North Carolina Department of Environmental Quality I Division of Energy, Nneral and Land Resour ces
F
NoriiNWilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North CarolinaGAmumP28405
GAmum s
°4i6iQs'�' 'gym 910.796.7215

If you have any questions, need additional copies of the permit or approved plans, please contact
Kelly Johnson with DEMLR in the Wilmington Regional Office at [phone].
Sincerely,
.X, S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
GDS/kpj: G:\\\Stormwater\Permits & Projects\2016\161204 HD\2020 01 permit 161204
enc: Attachment A: Plan of Action
cc: Halpern Enterprises, Inc.
Tim Clinkscales, P.E., Paramounte Engineering
Wilmington Regional Office Stormwater File

State Stormwater Management
Permit SW8 161204
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL SUBDIVISION 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
Halpern Ocean Isle, LLC
Ocean Isle Beach Market Place
Intersection of NC 179 and NC 904, Ocean Isle Beach, Brunswick County
FOR THE
construction, operation and maintenance of built -upon area for a commercial development
with outparcels located within Y2 mile of and discharging to Class SA waters, with runoff to be
treated in one (1) wet detention pond with a secondary BMP infiltration basin and one (1)
alternative design infiltration basin, in compliance with the provisions of 15A NCAC 2H .1000
and Session Law 2008-211 (hereafter referred to as the "stormwater rules') the approved
stormwater management plans and specifications and other supporting data as attached and
on file with and approved by the Division of Energy, Mineral and Land Resources (hereafter
referred to as the Division or DEMLR) and considered a part of this permit.
This permit shall be effective from the date of issuance until January 17, 2025 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The commercial development is permitted for a total of 644,150 sf of onsite built -upon
area which includes a total of 242,664 sf divided up between the five (5) outparcels.
Each of the outparcels is limited to that maximum amount of built -upon area as
indicated in Section 11.6 (f) of this permit.
3. The stormwater control measures have been approved for the management of
stormwater runoff as described in Sections 1.8, 1.9, 1.10 and 1.11 of this permit. The
runoff from all built -upon area within the permitted drainage areas of this project must
be directed into the permitted stormwater control measures. The stormwater control
measures labeled DA 1 and DA 2 have been designed to handle the runoff from
605,000 square feet and 39,150 square feet of built -upon area, respectively.
4 The drainage areas will be limited to the amounts of built -upon area indicated in
Sections 1.3, 1.8 and 1.10 of this permit, and per approved plans. The built -upon area
for the future development is limited to 36,637 square feet in DA 1 and 587 square feet
in DA 2.
Page 1 of 11

State Stormwater Management
Permit SW8 161204
5. A 50' wide vegetative setback must be provided and maintained adjacent surface
waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of both sides of streams and rivers and the
mean high water line of tidal waters.
6. All runoff being directed into wetlands shall flow into and through those wetlands at a
non -erosive velocity.
7. Prior to the discharge of stormwater runoff from any outparcel into the approved
stormwater system, the permittee shall ensure that the proposed built -upon area on
that outparcel does not exceed the maximum allowed under this Permit.
8. The following design criteria have been permitted for the wet detention pond and must
be provided and maintained at the design condition.
DA 1
a. Rule Cite
2008
b. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
19.68
857,175
0
c. Total Impervious Surfaces, ft2.
Onsite, ft2:
All 5 Outparcels, ft2:
Future, ft2:
Offsite, ft2:
605,000
325,699
242,664
36,637
0
d. Average Pond Design Depth, feet:
4.0
e. TSS Removal Efficiency:
90%
f. Design Storm, inches:
3.7
g. Permanent Pool PP Elevation, FMSL:
20.5
h. Permitted PP Surface Area, ft2:
56,660
i. Temporary Storage Elevation, FMSL:
23.0
j. Permitted Storage Volume, ft3:
154,341
k. Predevelopment 1 yr-24 hr. discharge
rate, cfs:
2.6
I. Controlling Orifice, inch 0 pipe:
5.0
m. Orifice Flow Rate, cfs:
0.59
n. PP Volume, ft3:
228,679
o. Forebay Volume, ft3:
49,260
p. Maximum Fountain Horsepower:
3/4
q. Receiving Stream/River Basin:
Kilbart Slough / LBR59
r. Stream Index Number:
15-25-4
s. Classification of Water Body:
SA HQW
9. The discharge from the wet pond shall be directed to a secondary BMP. The following
design criteria have been permitted for the secondary BMP infiltration basin #1 to meet
the "No direct discharge" requirement contained in NCAC 02H .1005 (a)(1)(C), and
must be maintained at this design condition:
a. Wet pond average discharge through the orifice, cfs: 0.59
b. Total volume to be infiltrated, cf: 151,844
c. Bottom surface area, sf: 9,435
d. Soil Infiltration rate, in/hr: 3.5
e. Infiltration flowrate through the bottom, cfs: 0.76
f. Volume of the infiltration basin, cf: 21,384
Page 2 of 11

State Stormwater Management
Permit SW8 161204
10. The following design criteria have been permitted for the alternative design infiltration
basin in DA 2, and must be maintained at design condition:
DA 2
a. Rule cite
2008
b. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
1.93
84,035
0
c. Total Impervious Surfaces, ft2:
Onsite, ft2:
Offsite, ft2:
Future, ft2:
39,150
38,563
0
587
d. Design Storm, inches:
3.7
e. Basin Depth, feet:
2.30
f. Bottom Elevation, FMSL:
21.0
g. Bottom Surface Area, ft2:
3,140
h. Bypass Elevation, FMSL:
23.3
i. Permitted Storage Volume, ft3:
12,356
j. Predevelopment 1 yr-24 hr.
discharge rate, cfs:
n/a
k. Type of Soil:
Wando
I. Expected Infiltration Rate, in/hr:
4.0
m. Seasonal High Water Table, FMSL:
17.75
n. Time to Draw Down, days:
<1
o. Receiving Stream/River Basin:
Kilbart Slough / LBR59
p. Stream Index Number:
15-25-4
q. Classification of Water Body:
SA HQW
11. Per section .1008 (h) of the stormwater rules, the alternative design infiltration basin in
DA#2 provides equal or better protection because it infiltrates a 10-year, 24-hour storm
without discharging, using an infiltration rate of one-half of the expected infiltration rate
provided in the soils report. The infiltration basin is designed in accordance with
Option #4 of Section 16.3.9 of the BMP manual, therefore, no bypass, no vegetated
filter strip, and no additional storage volume are required. The approved parameters
are:
a. 10 yr 24 hr design storm, inches 7.0 (from NOAA chart)
b. Volume to infiltrate, cf: 22,439 (per HydroCAD)
C. Volume infiltrated in 24 hours, cf: 12,560 (at'/ reported infiltration rate)
d. Remaining volume to infiltrate, cf: 9,879 (must be < provided storage volume)
ll. SCHEDULE OF COMPLIANCE
1. No person or entity, including the permittee, shall alter any component of the approved
stormwater system shown on the approved plans unless and until the Division has
approved of the revised plan.
2. The stormwater management system shall be entirely constructed, vegetated and
operational for its permitted use prior to the construction of any built -upon surface.
3. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately. If the stormwater system is 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.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name
of person performing the work and what actions were taken.
Page 3 of 11

State Stormwater Management
Permit SW8 161204
5. The permittee shall review all outparcel plans for compliance with the conditions of this
permit. The permittee shall not approve any plans where the maximum allowed built -
upon area has been exceeded, or where revisions to the grading or to the storm
drainage system are proposed, or where impervious surface is proposed within the 50'
stormwater setback, unless and until a permit modification has been approved by the
Division.
6. Prior to the sale of any outparcel, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 161204, as issued by the
Division of Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
f. The maximum built -upon area for each outparcel is listed below, in square feet.
This allotted amount includes any built -upon area constructed within the
outparcel property boundaries, and within that portion of the right-of-way
adjoining the property lines to the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina and parking areas, but does not include raised, open slatted
decking, the water surface of swimming pools, a surface of #57 stone laid at
least four (4) inches thick over a geotextile fabric or a "trail" as defined in NCGS
113A-85.
Outparcel #1 @23,998 ft2; Outparcel #2 @27,763 ft2; Outparcel #3 @47,896 ft2;
Outparcel #4 @47,640 ft2; and Outparcel #5 @95,367 ft2.
g. All runoff from the built -upon areas on the outparcel must drain into the
permitted stormwater control measure. This may be accomplished through any
means available including piping, grading and swales.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. All affected outparcels shall maintain a 50' wide vegetative setback adjacent to
surface waters, measured horizontally from and perpendicular to the normal
pool of impounded structures, the top of bank of each side of streams and rivers
and the mean high water line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in G.S. 143, Article 21.
k. Each outparcel within the project whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division and receive a permit prior to any
construction on the lot.
7. The permittee shall record the required deed restrictions prior to the conveyance of
any outparcel. The permittee shall submit a copy of the recorded deed restrictions to
the Division within 30 days of the date of recording. The recorded copy must contain
all of the statements above, the signature of the Permittee, the deed book number and
page, and the stamp/signature of the Register of Deeds.
Page 4 of 11

State Stormwater Management
Permit SW8 161204
8. The permittee is responsible for the routine monitoring of the entire project for
compliance with the built -upon area limits, grading, storm drainage collection system
and the stormwater control measures, as established by this permit, the permit
documents, the approved plans, and the recorded deed restrictions. The permittee
shall notify any outparcel owner that is found to be in noncompliance with the
conditions of this permit in writing, and shall require timely resolution.
9. The permittee shall at all times provide the operation and maintenance necessary to
assure that all components of the permitted stormwater control measures function at
design condition. The approved Operation and Maintenance Agreement is
incorporated by reference into this permit and must be followed in its entirety and
maintenance must occur at the scheduled intervals.
10. If the permanent pool volume in the wet detention pond stormwater treatment system
is greater than 30,000 cubic feet, a decorative spray fountain will be allowed subject to
the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool
surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing,
may be used only if they draw water from the surface in the deepest part of the
pond.
C. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent
pool volume. The maximum pump power for a fountain in this pond is
11. The permittee shall construct, operate and maintain the permitted SCM's in
accordance with the conditions of this permit, the approved plans and specifications,
and other supporting data as attached to this permit and on file with the Division.
12. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, the permittee shall cause a certification from
an appropriate designer for the system installed to be submitted, 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.
13. All stormwater runoff collection and treatment systems must be located in either public
rights -of -way, dedicated common areas or recorded easements. The final plats for the
project will be recorded showing all such rights -of -way, common areas and
easements, in accordance with the approved plans. Access to the stormwater
facilities for inspection and maintenance shall be maintained via appropriate recorded
easements at all times.
14. 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
control measures, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of
the project area.
d. Filling in, modifying, eliminating, regrading, resizing, relocating or rerouting any
of the approved runoff collection and conveyance components or SCM's.
e. The construction of any future BUA listed on the application.
f. The construction of permeable pavement for BUA credit.
g. Modifications resulting from deviations after certifying the project.
Page 5of11

State Stormwater Management
Permit SW8 161204
15. Prior to transfer of the permit, the stormwater facilities will be inspected by Division
personnel. The project and the stormwater facility must be in substantial compliance
with all permit conditions. Any items not in substantial compliance must be repaired,
replaced or restored to design condition prior to the transfer. Records of maintenance
activities performed to date will be required.
16. 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.
17, A completed and signed permit transfer application form must be submitted within 30
days by the permittee to notify the Division of any changes in ownership or by the
property owner to notify the Division of any changes in development responsibility. If
the purchase agreement between Halpern Enterprises, Inc. and DWE Timber, LLC, is
dissolved, cancelled or defaulted, and the Division is not notified by the permittee to
transfer the permit, then the responsibility for permit compliance reverts back to the
property owner. Otherwise, DWE Timber, LLC will be operating a stormwater
treatment facility without a valid permit, which is a violation of NC General Statue 143-
215.1 and may result in appropriate enforcement action including the assessment of
civil penalties.
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater rules is subject
to enforcement procedures as set forth in NCGS 143 Article 21.
2. 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) having jurisdiction.
3. In the event that the facilities fail to perform satisfactorily 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 control measures.
Additional or replacement stormwater control measures shall receive a permit from the
Division prior to construction.
4. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation as
listed on the form, to the Division of Energy, Mineral and Land Resources at least 60
days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made subject
to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
C. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e)
and NCGS 57D-6-07;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Page 6 of 11

State Stormwater Management
Permit SW8 161204
5. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves the transfer request. Neither the sale of the project, in whole
or in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the stormwater permit.
6. The permittee grants DEMLR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until modified, revoked, terminated
or renewed. The permit may be modified, revoked and reissued or terminated for
cause. The filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. Approved plans, calculations, supplement forms, operation and maintenance
agreements and specifications for this project are incorporated by reference and are
enforceable parts of the permit. A copy of the approved plans and specifications shall
be maintained on file by the Permittee at all times.
9. Unless specified elsewhere, permanent seeding requirements for the stormwater
control measures must follow the guidelines established in the North Carolina Erosion
and Sediment Control Planning and Design Manual.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2006-246, Title
15A NCAC 2H.1000, Session Law 2008-211 and NCGS 143-215.1 et.al.
11. The permittee shall submit a permit renewal application request at least 180 days prior
to the expiration date of this permit. The renewal request must include a completed
and signed renewal application form, documentation and the processing fee.
12. CORRECTIONS NEEDED and PROPOSED SCHEDULE OF COMPLIANCE. To
bring this project into compliance with the Stormwater Regulations and MDC, these
deviations will be corrected within the proposed schedule of compliance as
documented in Attachment A.
Permit issued this the 29th day of January 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 161204
Page 7of11

State Stormwater Management
Permit SW8 161204
Master Permit No. SW8 161204
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
OP #1
DA1
23,998
OP 42
DA i
27,763
OP #3
DA1
47,896
OP #4
DA1
47,640
OP #5
DA1
95,367
Page 8 of 11

State Stormwater Management
Permit SW8 161204
Ocean Isle Beach Market Place Page 1 of 2
Stormwater Permit No. SW8 161204
Brunswick Countv
Designer's Certification
I, , 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 a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
bate
SEAL
Page 9 of 11

State Stormwater Management
Permit SW8 161204
Certification Requirements:
Page 2 of 2
1. 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. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
.10. The inlets are located per the approved plans and do not cause short-circuiting
of the system.
11. The permitted amounts of surface area and/or volume have been provided.
_12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay. and the veaetated filter.
15. The required dimensions of the system are provided, per the approved plan.
16. All components of the stormwater BMP are located in either recorded common areas, or
recorded easements.
cc: NCDEQ-DEMLR Regional Office
Justin Whiteside, Town of Ocean Isle Beach Building Inspections
Page 10 of 11

State Stormwater Management
Permit SW8 161204
Attachment A: Plan of Action
Page 11 of 11

Plan of Action and Schedule
Halpern Enterprises, Inc. has applied for a State Stormwater Permit Transfer for SW8 160214
which covers Ocean Isle Beach Market Place. ine compliance inspection by the Division of
Energy, Mineral, and Land Resources (DEMLR) identified that the following non -compliant
items. As the incoming permittee, I understand that I will be transferred a non-comppliant permit,
and I agree to resolve these items to bring the project into compliance by July 15, MO.
The following maintenance will be completed:
1. Deed Restrictions: The BUA limits for th
2. Wet Pond Maintenance: The slope of one
needs to be repaired.
outparcels have not been recorded.
of the forebays in the wet pond is eroding and
3. Infiltration Basin Slope: The back slope of Infiltration Basin #2 is failing and needs to be
repaired.
4. Infiltration Basin Drawdown: Infiltration Basin #2 is holding water and is not drawing
down within 5 days.
Potential Modification:
l . It is unknown if the area referred to as "Salt Water Ponds" was covered by SW8 160204
when the permit was first issued in 2017. If that area has been removed from SW8
160204 and covered by its own independent permit, then SW8 160204 needs to be
modified to reflect its current configuration.
2. If "Salt Water Ponds" was not removed from SW8 160204, then please indicate that
when you respond on July 15, 2020.
Once the permit is subdivided to show the various onsite tracts, the owners of those tracts will
need to apply for offsite permits to drain to your system.
I�A DATE: January 28, 2020
Williaffi Brown, Jr
Halpern Oce , LLC
[e-mail]
770.508.3317

DEMLR USE ONLY
D to R ceived
Fee Paid
Permit N tuber
o !
it 113 5
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://dep.nc.vovlcontactlreoional-oicE .
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report,
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(les), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president,
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 161204
2. Project name: Ocean Isle Beach Market Place
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Change of Name from original permit approval
'ECEIVE
a
BY:
W
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018

B. �PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
I 1. Both the current and proposed permittees
/❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked.
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Deciarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked.•
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
^u c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be iiu suustantiai change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
BY:
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "V"to confirm the items are included with this form. Please mark "X"if previously provided. If not
applica le or not available, please mark N/A.:
A processing fee offlive hundred and five dollars ($505.00) per G.S. 143-215.31J(e)(2).
2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
3. For proposed permittees that -are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
VL
4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
1' lr 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
10. A copy of the lease agreement if the proposed permittee is the lessee.
r/ 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
_NIP 12. A copy of the development agreement if the proposed permittee is the developer.
i
0 2T
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: Halpern Enterprises, Inc.
2. Signing Official's Name: William Brown, Jr
3. Sinning fIfficial's Title: President
4. Mailing Address: 5200 Roswell Road NE
City: Atlanta State: Ga ZIP: 30342
5. Street Address: same as above
City: State: ZIP:
6. Phone: [phone] Email: bbrowntcD-halpement.com
1, William Brown. Jr. , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans; SAME AS PERMIT
® the approved operation and maintenance agreement; SAME AS IN PERMIT
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be ap1l EMLR unless and until the facility is in compliance with the permit.
Signature: Date:
Al—I�
I, l,u -rrQe6 , a Notary Public for the State of
C, G` County of -r-U-1+T0w-- , do hereby certify
that 't personally appeared before me
t`;s�tliiiau j,4 '-'t— day of N OkX.rn 6c-r 20 / $ , and acknowledge the due
� 0 ip�going instrument. Witness my hand and official seal,
V. •.
V
@'
=o
//
AVB%fi
expires'�GP-r..4. LA-- -P1,y1-4za-®
�q
r
.1
L, V•
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

E. PROPOSED PERMITTEE INFORMATION
The proposed permittee is the:
® Property owner (Also complete Part F.)
❑ Home Owners Associ tion. (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
® Corporation, LLC, Partnership, Municipality name: Halpern Ocean Isle. LLC
❑ HOA / POA / UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: William Brown. Jr.
b. Signing Official's Title: President
c. Mailing Address: 5200 Roswell Road
City: Sandy Springs State: Ga ZIP: 30342
d. Street Address: same
City: State: ZIP
e. Phone: [phone] Email: bbrown(&halpement.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name:
c. Mailing Address:
d. City:
e. Phone: (_j Email:
Title:
State: ZIP:
IECEIVE
r•u. _
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOS
ED PERMITTEE CERTIFICATION
I, opiwi U R� hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a `plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will construct}, operate and maintain the approved stormwater management system
pursuant to the require lis in ermit and in the operation and maintenance agreement.
Signature: Date:
a Notary Public for the State of�--
County of , do hereby certify that t 3 %.k-^ 0%--r-4 "Pa-w_ A -,Yu
i
per,A"Aj AWpred before me this the 2-,`I" day of fir.- Lt.— , 20 1 gy and
execution of the forgoing instrument. Witness my hand and official seal,
j01JBL�G �s n
My co�i i lion expires Q4`7"Iov,— 13"7 �-
eFIV
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP:
Phone: Email:
I, hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS)143, Article 21.
Signature of the property owner
Date:
I, a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the I day of
, 20 , and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal,
(Notary Sea!)
Notary Signature
My commission expires
T�CEIVE
�I
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018

01-17-' 17 .15:51 FROM- Ma i nfax 9103502004 T-165 P0011 /0012 F-191
oRaee awrnrwaM rvidrreyernern oy6Lenrs
Permit No. SW8 161204
Ocean Isle Beach Market Place Page 1 of 2
Stormwater Permit No. SW8 161204
Brunswick Countv
Designer's Certification
I, ki 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 ti*( ���^ d �`''j CL, (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 specificationp.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number p,-
Date f os kk-_
Page 9 of 10
CAR
a s��►- ; Cn
-4 Ap47
J
' •......•• �g 1

01-17-' 17 1 5:51 FROM- Ma i nfax 9103502004 T-165 P0012/0012 F-191
state stormwater ivianagement systems
Permit No. SW8 161204
Certification Requirements: Page 2 of 2
1.
The drainage area to the system contains approximately the Permitted acreage.
L(� 2.
The drainage area to the system contains no more than the permitted amount
of built -upon area.
e&�=_3.
All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4.
All roof drains are located such that the runoff is directed into the system.
�Lri .5.
The outlet/bypass structure elevations are per the approved plan.
efV__-6-6.
The outlet structure Is located per the approved plans.
ILC_7.
Trash rack is provided on the outlet/bypass structure.
8.
All slopes are grassed with permanent vegetation.
9.
Vegetated slopes are no steeper than 3:1.
'C,O.
The inlets are located per the approved plans and do not cause short-circuiting
A�of
the system.
11.
The permitted amounts of surface area and/or volume have been provided.
- 12.
Required drawdown devices are correctly sized per the approved plans.
13.
All required design depths are provided.
4.
All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15.
The required dimensions of the system are provided, per the' approved plan.
It &6. All components of the stormwater BMP are located in either recorded common
areas, or recorded easements.
cc: NCDEQ-DEMLR Regional Office
Justin Whiteside, Town of Ocean Isle Beach Building' Inspections
CEIV
10 2013
By.
Page 10 of 10

01-17-' 17 15:51 FROM- Ma i nfax JlbIimS 9103502004 T-165 P0011 /W 2 F-191
❑Ra►e Otuin1WIALL ividnayeinenL �ysLein
I G (rI fC Permit No. SW$ 161204
Ocean Isle Beach Market Place
Stormwater Permit No. SW$ 161204
Brunswick County
Designer's Certification
Page 1 of 2
I, r( i d6*A J , as a duly registered �s.�� in the
State of North Carolina, having been authorized to obsery periodical) weekly/full time) the
construction of the project,
ocelo �14_ "Ikk � G
(Project)
for ��✓ 4e RS ..11Z. (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 a part of this Certification.
Noted deviations from approved plans and specifications:
Signature E ter.:
8&4
4 cn
Registration Number•.,•?N(,.
Date
ECEIVE
OCT 2 2 2013
Page 9 of 10

01-17-' 17 15:51 FROM- Ma i nfax 9103502004 T-165 P0012/0012 F-191
state aiormwa[er ivianagement aysiems
Permit No. SW8 161204
Certification Requirements: Page 2 of 2
_A1__ 1. The drainage area to the system contains approximately the permitted acreage.
2- - The -drainage -area to -the system contains no ore han the permitted amount
of built -upon area. e,4,04Aa,( ` .4-e
3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
"r!�— 6. The outlet structure is located per the approved plans.
-TGc- 7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
?4� 9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting
of the system.
11. 1 he permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
0" 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
16. All components of the stormwater BMP are located in either recorded common
areas, or recorded easements.
cc: NCDEQ-DEMLR Regional Office
Justin Whiteside, Town of Ocean Isle Beach Building Inspections
CEIVE
OCT 2 2 209
BY:
Page 10 of 10

I
PARAMOUN.T,
E N CC I N E E FZ I N G, 1 N
1 2 2 C IN E MA DRIVE
`FJII.MING T 0N, NC 28403 !� Q`,�
910-791-6707(0) 9 1 0 - 7 9 1 - 6 7 6 0 (1 ??��'�
L E T T E R O F T R A N S M I T T A L
To:
NCDEQ
Date 1 10/19/18
127 Cardinal Drive Ext.
Wilmington, NC 28403
Re:
Ocean Isle Beach Market Place
Express SW8 161204
Attn:
Linda Lewis, EI
Project No.
I 14414.PE
are sea Originals
® Prints
❑ Shop Drawings
❑ Calculations
e following items: ❑ Correspondence
® Plans
❑ Specifications
❑ Other as listed below
Quantity Date Dwg. No. Description
1 SW Certification
ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
�kcfloti Takeua ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rejected -See Remarks ❑ Approved as Submitted ❑ Other
marks: