SW8980412_COMPLIANCE_20080701

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 q 0 o4 12
DOC TYPE
❑ CURRENT PERMIT
❑, APPROVED PLANS
,� HISTORICAL FILE
YCOMPLIANCE EVALUATION INSPECTION
DOC DATE
200 $ O% O I
YYYYMMDD

Retent(on Pond 5erv1ce5, Inc.
5per4e11Lng in allphree� oPnquaue anAWetlons Malrttp,ynce
July 1, 2008
Ms, Pat C. Durrett
NCDWQ
127 Cardinal Drive
Wilmington, NC 28405
RE: Stormwater Project No. SW8980412
Non -Compliance Letter oflune 18, 2008
Via Fax [phone]
Dear Ms. Durrett:
This will confirm RPS has met on -site with Mr. William Towles as well as reviewed both
a copy of the original plans for the above referenced stonrwatcr system located
immediately behind The Naked Kingfish restaurant in Wilmington as well as your NOV
letter.
We are working with Mr. Towles and his engineer, Phil T ipp, to schedule the necessary
work to bring the system into compliance. We ask that yo4 please allow Mr. Towles until
August 1, 2008 to report back to you regarding the schedule of work.
Having met with Mr. Towles, I can assure you he takes 1
appreciates you working with him. Please call me if you
CC: Mr. William Towles
P.O. Bart1563D • Wilmington.NCW408 • 910.313.66W0+
�. rcWt4onpondsxom
responsibility seriously and he
:ed anything from RPS.
SWward
fiman
• Fex 910.313.6670

STEVENS, MOGHEE, MORGAN, LENNON & CARTER, L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
602 MARKET STREET
JOHN A. STEVENS (1 895-1990) WILMINGTON, N. C. 26401
KARL W. McGHEE (1923-1961 ) 910-763-3656
RIc HARD M. MORGAN MAILING ADDRESS:
ALTON Y. LENNON P. O. DRAWER 59
MARK F. CARTER WILMINGTON, N.C. 25402
FACSIMILE:
9 10-25 1 -9562
June 20, 2008
Mr. C. M. Rogers
Mr. Ronald Saucier
The Naked Kingfish, Inc.
6828 Market Street
Wilmington, NC 28405
Dear Mr. Rogers and Mr. Saucier:
Enclosed is a copy of a letter dated June 18, 2008, from Pat C.
Durett, of the North Carolina Division of Water Quality, which
Mr. and Mrs. Towles received yesterday. You may have already
seen this letter, as it indicates a copy was sent to you.
I wrote to you three weeks ago, on May 28, 2008, advising that
immediate steps had to be taken to renew the permit referred to
in the above letter. Mr. Towles and I spoke with Phil Tripp of
Trip Engineering, in Wilmington, this morning. Mr. Tripp advised
that he has not had an opportunity to inspect the property, which
he needs to do to prepare the application.
This is to advise that action must be taken immediately to comply
with the enclosed letter. Under the terms of the lease covering
the property, you are responsible for maintaining the stormwater
control facilities on the property.
Please call Mr. Towles upon receipt of this letter and advise him
of your plans to comply with the above letter, and to apply for a
renewal of the permit. Mr. Towles, home phone number is 350-0002
and his cell telephone number is 520-3194.
If immediate action is not taken, Mr. Towles intends to proceed
to take the necessary steps to comply with the above letter, and
recover the cost of doing so from you.
Please give this matter your prompt attention.

Mr. C. M. Rogers
Mr. Ronald Saucier
The Naked Kingfish, Inc.
June 20, 2008
Page 2
Very truly yours,
STEVENS, MCGHEE, MORGAN, LENNON &
CARTER, L.L.P.
rm/hs
Encl.
Via certified mail, return receipt requested
CC: Mr. William B. Towles, w/o encl.
Mr. Herb Fisher, w/encl.
Mr. David Cox, w/encl.
Ms. Pat C. Durrett, w/encl.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
I
June 18, 2008
Mr. & Mrs. William Towles
The Naked Kingfish, Inc.
6301 Towles Rd.
Wilmington, NC 28409
Notice of Inspection -NON-COMPLIANCE STATUS
The Naked Kingfish
Stormwater Project No. SW8980412
New Hanover County
Dear Mr. Towles:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on May 27, 2008 to determine compliance with Stormwater Permit Number
SW8980412 issued on July 8, 1998.
The required actions that are necessary to bring this site into compliance are noted under the
Comments section of the report. Please inform this Office in writing within fifteen (15) days of
the specific actions that will be undertaken and the time frame that will be required to correct
the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact David Cox at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
Pat C. Durrett
Senior Environmental Specialist
PCD/encl: S:\WQS\STORMWAT\INSPECT\Pelts inspections\SW8980412 cov Itr
cc: Wilmington Regional Office
C.M. Rogers & Ronald Saucier
Nam��`l,Carolina
,Xatura!/y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwateraualitv.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

HIGH DENSITY
STATE STORMWATER INSPECTION REPORT
40
Project Name: Perkins Rest. Now The Naked Kingfish Permit No: SW8980412 Expiration date: 7/8/08
Contact Person: Mr. Ron Saucier Phone No:
County: New Hanover Center of Project GPS: Lat: 340 14' 12 "N Long: 770 52' 16 "W
Facility Address: 6828 Market St.. City: Wilmington Zip: 28405
(If multiple basins exist, specify basin(s):
Entry time: 2:50 am ❑ pm ® Exit time: 3:40 am ❑ pm ® Date: 5/27/08
Method of Treatment: (check one) ❑ Wet Detention ❑ Dry Detention ❑ Bioretention ❑ Wetland ❑ Sandfilter ❑ Swale
❑ Pocket Wetland ❑ Level Spreader ❑ Permeable Pavement ® Infiltration Basin Other: ❑ 50'vegetated filter
Receiving Waters: Howe Creek . Classification: SA ORW River Basin:_ Cape Fear
GENERAL QUESTIONS FILE REVIEW
1. A signed copy of the Engineer's certification is in the files:
2. A signed copy of the Operation & Maintenance Agreement is in the files:
3. A copy of the recorded deed restrictions is in the files:
SITE VISIT
1. Drainage area is consistent with the permit:
2. Built -upon area to drainage area is consistent with the permit:
3. All built -upon area (as permitted) is graded such that the runoff drains to the system:
4. The outlet structure is located per the approved plans:
5. The trash rack is provided on the outlet/bypass structure:
6. The trash rack is free of debris and excess trash:
7. All slopes are grassed with permanent vegetation:
B. Vegetated slopes are no steeper than 3:1
9. The inlets are located per the approved plans and do not cause short-circuiting of the system
YES NO N[A NE
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11
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Y-

COMMENTS: (each NO answer should have a comment)
1-Your permit expires on July 8, 2008. You are reminded that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment
of civil penalties of up to $10,000.00 per day. To date, this Office has not received your renewal request. This should be
submitted at once.
2. A signed copy of the engineer's certification has not been provided as required. This should be submitted along with your
renewal request.
3. The system has not been properly maintained. The distribution system (level spreader) is totally buried in some areas and
sitting on top of the sand in others.
4. Heavy weed growth has not been controlled around the inlets.
S. Trash has not been removed as required.
6. Heavy sediment build-up was evident around the inlets. Elevations should be checked to see if they are as approved in
your plans. You may need to remove and replace some of the top sand. This should be determined by your engineer that will
certify that is has been built according to the approved plans and specifications.
7. Operation and maintenance records were not available at the time of the inspection. You are required as a condition of
your permit to keep proper records.
Concrete inlets heavy weed growth and sediment build-up on both ends Level spreader non existent on one end, other nd of
level and partially buried.

1

UNITED STATES POSTAL SERVICE
11111First -Class Mail
-
Postage &Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405
(Attn: � ')
s:.-c�g96-A.2/u_

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print you, name and address on the reverse -
so that we can return the card to you.
■ Attach this card,to the back of the mailpiece,
or on the front iyspace permits.
1. Article Addressed to:
q.
Af
2. Article Number {
(Transfer from service /abOO I_
PS Form 3811, February 2004
A. Signatu
❑ Agent
X ❑ Addre
B. Re elv4 (Pdnted Name) C. Date of Per
D. Is deliver) Address different from item 1? U Yes
If YES, enter delivery address below: ❑ No
3. S�ervji�e Type
LSYCertifled Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail -0 C.O.D.
4, Restricted Delivery? (Extra Fee)
7002 2410 0003 1721 1797
Domestic Return Receipt
❑ Yes
102595-02-M-154I

U.S. Postal gerviceT,
CERTIFIED MAIL,M RECEIPT
(Domestic Mail Only; No Insurance coverage provided)
U.S.
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0
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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2004
CERTIFIED MAIL #7002 2410 0003 1721 1797
RETURN RECEIPT REQUESTED
Mr. W. Brian Smith, Member/Manager
ST Group, LLC
809 Swift Wind Place
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION dated September 3, 2004
The Naked Fish Restaurant
Stormwater Project No. S 8 980412
New Hanover County
Dear Mr. Smith:
The Division sent you a Notice of Violation dated September 3, 2004, under Certified
Mail #7002 2410 0003 1721 1841. The Notice was addressed to your permit address of
1903 Inverness Lane, but was returned by the Post Office on September 16, 2004, as
undeliverable. Please note that you are responsible for notifying the Division of any
name, ownership or mailing address changes within 30 days.
The original Notice is enclosed. Please note that the "Plan of Action" response date has
been extended to October 22, 2004. If you have any questions, please do not hesitate
to call me at 91.0-395-3900.
11
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\2004\980412.sep04
cc: Phil Tripp, P.E.
Linda' Lewis
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service 1-877.623-6748
FAX [phone] Internet h2o.encstate.nc.us ne
NorthCarolina
Naturally

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NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmin(
P�CE "CUR AT TOP OF ENWLOM TOTHE RICIM
OF TliE RMRN ADDREW, FOW AT DOTTED UNE - - - - - - --
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7002 2410 0003 1721 1797
Mr. W. Brian Smith, Member/Manager
ST Group, LLC
809 Swift Wind Place
Wilmington, 115M I TA 0 Q R 4 0 3 jL�� 0v/-57/04
FORWARD TIME EAP RTN 1.0 SEND
5MIT,-!DyE Pl-
WILMINGTUN NU
RETURN TO 5ENDER

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2004
CERTIFIED MAIL #7002 2410 0003 1721 1797
RETURN RECEIPT REQUESTED
Mr. W. Brian Smith, Member/Manager
ST Group, LLC
809 Swift Wind Place
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION dated September 3, 2004
The Naked Fish Restaurant
Stormwater Project No. SW8 980412
New Hanover County
Dear Mr. Smith:
The Division sent you a Notice of Violation dated September 3, 2004, under Certified
Mail #7002 2410 0003 1721 1841. The Notice was addressed to your permit address of
1903 Inverness:Lane, but was returned by the Post Office on September 16, 2004, as
undeliverable. Please note that you are responsible for notifying the Division of any
name, ownership or mailing address changes within 30 days.
The original Notice is enclosed. Please note that the "Plan of Action" response date has
been extended to October 22, 2004. If you have any questions, please do not hesitate
to call me at 91i0-395-3900.
Sincerely,
44et�,u ate"
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\2004\980412.sep04
cc: Phil Tripp, P.E.
Linda Lewis
r
1i
n
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
RECEIVED
SEP 3 0 2004
BY:
Phone [phone] Customer Service 1-877-623-6748
FAX [phone] Internet: h2oanrstate.nc.us
Noe Carolina
Wurally
An Equal OppommitylAffrmadve Action Employer - 50% Recycled110% Post Consumer Paper

o�0F, W A TFQQG Michael F. Easley, Governor
William G. Ross, Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
1
p Y Alan W. Klimek, P.E. Director
Division of Water Quality
September 3, 2004
CERTIFIED MAIL #7002 2410 0003 1721 1841 RECEIVED
RETURN RECEIPT REQUESTED SEP 1 8
7004
Mr. W. Brian Smith, Member/Manager
ST Group, LLC BY: _---_
809 Swift Wind Place
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
New Hanover County
Dear Mr. Smith:
On September 3, 2004, Wilmington Regional Office staff of the Division of Water Quality
performed a Compliance Inspection of the subject project, located at 6828 Market
Street, in Wilmington, New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8
980412, issued'to you on July 8, 1998. The project is currently known as The Naked
Fish Restaurant but it was permitted as Perkins Family Restaurant.
The project has been found in violation of Stormwater Permit Number SW8 980412
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section 1.7- Failure to modify the permit for a change of ownership.
Section 111.1- Failure to notify the Division of the transfer of ownership.
According to the New Hanover County Tax Records, The Naked Kingfish, Inc., now
owns the project. There is no modification in the file to address this change, and the
required Name/Ownership change form and other required documentation has not
been submitted.
2. Section 11.6- Failure to provide the required Designer's Certification that the
projebt's stormwater controls have been installed in accordance with the
permit.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before October 3, 2004.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal OpportunitylAHlrmative Action Employer — 50% Recycled/10% Post Consumer Paper
r
Phone [phone] Customer Service 1-877-623-6748
FAX [phone] Internet: h2o.encstate.nc.us
NorthCarolina
Natur,741

September 3, 2004
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
Page 2 of 2
2. Complete the attached Name/Ownership change form and have the new
owners sign both this form and the enclosed Operation and Maintenance
plan for the continued maintenance of the permitted infiltration basin.
Under the stormwater permit, you are responsible for compliance with all
permit conditions until such time as the Division approves the transfer.
F
Provide the required Designer's Certification for the project.
Even though ST Group, LLC, was dissolved on September 1, 2003, you are still
responsible for the permit and compliance with the permit conditions until such time as
the Division approves a request to transfer the permit.
The system must be in compliance at the time of the transfer. An inspection of the
system conducted on September 3, 2004, indicated no serious problems with the
system, although the bare spots on the back slope are in need of grass.
Failure to provide the 'Plan of Action" by October 3, 2004, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
r
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting thatthe Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910) 395-
3900.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water 'Protection Section
RSS\arl: S-\WQS\STORMWARNOTICE\980412.sep04
cc: Phil Tripp, P.E., Tripp Engineering
Mr. Ronald Saucier, Registered Agent for The Naked Kingfish, Inc.
Tony Roberts, New Hanover County Building Inspections
Linda Lewis
Central Office

September 3, 2004 Page 1 of 2
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
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.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date

I
September 3, 2004
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
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. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
V
10. The permitted amounts of surface area and/or volume have been
provided.
M
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
14. The dimensions of the system, as shown on the approved plans, are
provided.
i..
cc: NCDENR-DWQ
Tony Roberts, New Hanover County Building Inspections

warF9
- 11 -r
VW� r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
o Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: fig 7804(Z
2. Permit Holder's name: W, 6r/2r/ Sin! IA 57-6/-WD LLC
3. Signing official's name: Title:
(person legally responsible for permit)
4. Mailing address: City:
State:_ ZipCode: Phone: FAX:
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
1 . This request Is for: (please check all that apply)
a. Change in ownership of the property/company (Please complete
Items #2, #3, and #4 below)
_X__b. Name change of project (Please complete Item #5 below)
-X_c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
3. New owner's signing official's name and title:
0
5.
itle)
New Mailing Address: City:
State:_ ZipCode:
one: FAX:
(Area Code and Number) (Area Code and Number)
New Project Name to be placed on perm
Page 1 of 2
Ly"h N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service =M
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED'ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDERS THE NEW APPLICANT IN THE CASE A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT
PERMITTEE'S CERTIFICATION.
Current Permittee's Certification:
I, attest that this application for a
name ownership change has been reviewed and is accurate and complete to the best of
my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete.
Signature:
New Applicant's Certification: (Must be completed for all transfers of ownership)
1. , attest that this application for an ownership
change.has been reviewedand. is accurate -and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all
required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature:
Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 3, 2004
CERTIFIED MAIL #7002 2410 0003 1721 1841
RETURN RECEIPT REQUESTED
Mr. W. Brian Smith, Member/Manager
ST Group, LLC
809 Swift Wind Place
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
New Hanover County
Dear Mr. Smith:
On September 3, 2004, Wilmington Regional Office staff of the Division of Water Quality
performed a Compliance Inspection of the subject project, located at 6828 Market
Street, in Wilmington, New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8
980412, issuedto you on July 8, 1998. The project is currently known as The Naked
Fish Restaurant but it was permitted as Perkins Family Restaurant.
The project has been found in violation of Stormwater Permit Number SW8 980412
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section 1.7- Failure to modify the permit for a change of ownership.
Section 111.1- Failure to notify the Division of the transfer of ownership.
According to the New Hanover County Tax Records, The Naked Kingfish, Inc., now
owns the project. There is no modification in the file to address this change, and the
required Name/Ownership change form and other required documentation has not
been submitted.
2. Section 11.6- Failure to provide the required Designer's Certification that the
project's stormwater controls have been installed in accordance with the
permit.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before October 3, 2004.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper
Phone [phone] Customer Service 1-877-623-6748
FAX [phone] Internet: h2o.encstate.nc.us One
NorthCarolina
Naturally

September 3, 2004
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
Page 2 of 2
2. Complete the attached Name/Ownership change form and have the new
owners sign both this form and the enclosed Operation and Maintenance
plan for the continued maintenance of the permitted infiltration basin.
Under the stormwater permit, you are responsible for compliance with all
permit conditions until such time as the Division approves the transfer.
3. Provide the required Designer's Certification for the project.
Even though ST Group, LLC, was dissolved on September 1, 2003, you are still
responsible for the permit and compliance with the permit conditions until such time as
the Division approves a request to transfer the permit.
The system must be in compliance at the time of the transfer. An inspection of the
system conducted on September 3, 2004, indicated no serious problems with the
system, although the bare spots on the back slope are in need of grass.
Failure to provide the 'Plan of Action" by October 3, 2004, or to correct the violations by
the date designated in the 'Plan of Action", are considered violations of 15A NCAC
21-1.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting thabthe Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910) 395-
3900.
Sincerely,
Rick Shiver
Regional Supervisor
Surface WaterProtection Section
RSS\arl: S:\WQS\STORMWAT\NOTICE\980412.sep04
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cc: Phil Tripp, P.E., Tripp Engineering
Mr. Ronald Saucier, Registered Agent for The Naked Kingfish, Inc.
Tony Roberts, New Hanover County Building Inspections
Linda Lewis
Central Office

September 3, 2004 Page 1 of 2
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
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.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date

September 3, 2004
The Naked Fish Restaurant (formerly Perkins)
Stormwater Permit No. SW8 980412
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. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
,I
10. The permitted amounts of surface area and/or volume have been
provided.
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11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and.a forebay.
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
Tony Roberts, New Hanover County Building Inspections

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
oV V Y Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: :50yS g80447-
2. Permit Holder's name: (V, 60217 SMI'IA 57-6rcw/J LLC
3. Signing official's name: Title:
(person legally responsible for permit)
4. Mailing address: City:
State:_ ZipCode: Phone: FAX:
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
1 . This request is for: (please check all that apply)
a. Change in ownership of the property/company (Please complete
Items #2, #3, and #4 below)
_X_b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: _
3. New owner's signing official's name and title
(Title)
4. New Mailing Address: City:
State:_ ZipCode: Phone: FAX:
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:
Page 1 of 2
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
'aA
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] :NCDENft

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
This completed form.
Legal documentation of the transfer of ownership.
A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE F A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT
PERMITTEE'S CERTIFICATION.
Current Permittee's Certification.
I, attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of
my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete:
Signature: Date:
New Applicant's Certification (Must be completed for all transfers of ownership)
I, attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all
required supporting information and attachments are hot included, this application
package will be returned as incomplete.
Signature:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
ATTN: Linda Lewis
Page 2 of 2