HomeMy WebLinkAboutSW8131011_HISTORICAL FILE_20140409STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 13\ 011
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
L7 HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2011A Q L i D °1
YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 9, 2014
Mr Frank D Voli, President
Topsail Island Yacht Club
1612 Military Cutoff Rd
Wilmington, NC 28403
Subject Stormwater Permit No SW8131011
Name I Ownership Change
Beach House Yacht Club — Clubhouse and Pool
High Density Commercial Infiltration Trench / Chamber Project
Pander County
Dear Mr Voli
John E Skvada, III
Secretary
On April 8, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change
Form from Beach House Yacht Club Owners Association, Inc for the subject project This transfer documents the ownership
and address change, but you are the President of both organizations A file review and site inspection was performed on
March 31, 2014 by DEMLR staff and the site is currently in compliance with the terms and conditions of the current state
stormwater permit By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer 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 SW8131011 has been transferred on April 9, 2014 and to remind you that this permit shall be effective until
March 19, 2022 For your records, please find enclosed the transferred and reissued and Name/Ownership Change forms
submitted on April 8, 2014
This permit is subject to the conditions and limitations as specified in the reissued permit Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP, recordation of deed restrictions,
procedures for changes of ownership, transfemng the permit, and renewing the permit Failure to establish an adequate
system for operation and maintenance of the stormwater management system, 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 919431-3000, or
visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding
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 (910) 796-7331
Smcer y,
O�JZJ��
Tracy Davis, P E , Director
Division of Energy, Mineral and Land Resources
GDS/kpj \\\StormwatehPermits & Projects\2013\1 3101 112014 04 permit 131011
cc Ms Amy Wang, Ward and Smith, PA, PO Box 867, New Bern, INC 28563-0867
Wilmington Regional Office Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section —Wilmington Regional Office
127 Cardinal Drive Extension Wilmington North Carolina 28405 • (910) 796-7215 / Fax f910) 350-2004
State Stormwater Management Systems
Permit No SW8131011
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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
Topsail Island Yacht Club
Beach House Yacht Club — Clubhouse & Pool
111 North New River Drive, Surf City, Pender County
FOR THE
construction, operation and maintenance of one (1) infiltration trench in compliance with the provisions of Session
Law 2008-211, effective October 1, 2008 and 15A NCAC 2H 1000, effective September 1, 1995 (hereafter
collectively and separately referred to as the "stormwater rulesl and the approved stormwater management plans
and specifications and other supporting data as attached and on file with and approved by the Division and
considered a part of this permit
This permit shall be effective from the date of issuance until March 19, 2022, and shall be subject to the following
specified conditions and limitations
I DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data
The infiltration trench permitted for this facility was originally permitted under State Stormwater Permit
Number SW8 990325 on October 30, 2001 A level spreader and vegetated filter strip were not required by
that permit The same trench is re -permitted under this permit, and so the level spreader and vegetated
filter strip are not required
The infiltration trench permitted for this facility was originally permitted under State Stormwater Permit
Number SW8 990325 on October 30, 2001 A 50ft stormwater buffer was not permitted under that permit,
and since the same trench is being re -permitted a stormwater buffer is not required under this permit
However, this project may be subject to other Federal, State or Local requirements and if so this project
must comply with those requirements
All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements The final plats for the project will be recorded showing all such required easements, in
accordance with the approved plans
The runoff from all built -upon area within the permitted drainage area of this project must be directed into
the permitted stormwater control system
Page 2 of 5
State Stormwater Management Systems
Permit No SW8131011
This stormwater system has been approved for the management of stormwater runoff as described in
Section 17 of this permit The stormwater control has been designed to handle the runoff described in Table
1 below
Table 1 Impervious Area Subject to the 1995 Rule
SW8 990325
Future Develo merit's Impervious Area
93,642
sf
Restaurant on Comer Parcel's Impervious Area
27,870
sf
SW8131011
Beach House Yacht Club's Impervious Area
66,000
sf
Impervious Area in the Infiltration Trench Drainage Area ITDA
63,388
sf
Allocated Impervious Area
62,388
sf
Future Impervious Area Available Inside ITDA"
1,000
sf
Future Impervious Area Available Outside ITDA'
2,612
sf
Total 187,512 sf
'The infiltration trench has been designed to treat 63,388sf of impervious area Of this amount, 62,388sf of
impervious area has been allocated for buildings, sidewalks and other uses as shown on the permitted plans and
application form The future impervious area available inside the infiltration trench drainage area (ITDA) is 1,OOOsf
The ITDA is labeled on the plans as "Drainage Area 1 Boundary" This 1,OOOsf can be allocated at a future time via
Plan Revision with no required change to the infiltration trench design There is also 2, 612sf of future impervious
area that is available outside of the ITDA that can be permitted at a future time to be built under the 1995 rule and
subject to a 15" design storm The 2, 612sf is a placeholder for future construction under the 1995 rule that can be
permitted at a future date Construction of the 2,612sf of future impervious area outside the ITDA is not
future date Since this 2, 612sf of impervious area is permitted to be outside the infiltration trench's drainage area it
does not drain to the current infiltration trench, and therefore cannot be treated by the current infiltration trench
without modifying the current infiltration trench In order to use the 2, 612sf of impervious area at a future date the
permittee may either modify the current trench to treat more impervious area (if the permittee later wants to construct
the 2, 612sf inside the ITDA in the future), or the permittee may construct a second stormwater treatment device (if
the permittee wants to continue with the plan to construct the 2, 612sf outside the ITDA in the future)
The following design criteria have been permitted for the infiltration trench system and must be provided and
maintained at design condition
a Drainage Area, acres
25
Onsite, ft2
108,800
Offsite, ft2
0
b Total Impervious Surfaces, ft2
63,388
Onsite, ft2
63,388
Offsite, ft2
0
c Design Storm, inches
1 5"
d Trench Length, feet
532
e Trench Width, feet
8
f Trench Depth, feet
4
g Bottom Elevation, FMSL
0
h Bottom Surface Area, ft2
4,256
1 Bypass Weir Elevation, FMSL
62
I Perforated Pipe Diameter, in
241n
k Perforated Pipe Length, ft
532
1 Permitted Storage Volume,ft3
6,556
r Receiving Stream/River Basin
ICWW / White Oak
s Stream Index Number
18-87-(5 5)
t Classification of Water Body
"SA, HQW"
Page 3 of 5
State Stormwater Management Systems
Permit No SW8 131011
II SCHEDULE OF COMPLIANCE
1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately
3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and specifications
f Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins,
piping and vegetated filter
g A clear access path to the bypass structure must be available at all times
4 The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data
5 If the stormwater system was used as an Erosion Control device, it must be restored to design condition
prior to operation as a stormwater treatment device, and prior to occupancy of the facility
6 A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times
7 Records of maintenance activities must be kept for each permitted BMP The reports will indicate the date,
activity, name of person performing the work and what actions were taken
8 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation Any deviations from the approved plans and
specifications must be noted on the Certification A modification may be required for those deviations
9 Access to the stormwater facilities shall be maintained via appropriate easements at all times
10 The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any modification to the approved plans, including, but not limited
to, those listed below
a Any revision to any item shown on the approved plans, including the stormwater management
measures, built -upon area, details, etc
b 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, altering, or piping of any vegetative conveyance shown on the approved plan
e The construction of any future BUA listed on the application
11 The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made
III GENERAL CONDITIONS
Approved plans, application, supplement fors, Operation and Maintenance agreements, design
calculations and specifications for this project are incorporated by reference and are enforceable parts of the
permit
Page 4 of 5
State Stormwater Management Systems
Permit No SW8 131011
Any individual or entity found to be in noncompliance with the terms and conditions of this permit or the
stormwater rules is subject to enforcement action in accordance with North Carolina General Statute 143,
Article 21
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
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 at least 60 days pnor to any one or more of
the following events
An ownership change including the sale or conveyance of the project area in whole or in part,
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,
Bankruptcy,
Foreclosure,
Dissolution of the partnership or corporate entity,
A name change of the current permittee,
A name change of the project,
A mailing address change of the permittee,
The permittee is responsible for compliance with all permit conditions until such time as the Division
approves the transfer request
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 management systems
The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting all components of the permitted stormwater management facility
The permit issued shall continue in force and effect until revoked or terminated The permit may be
modified, revoked and reissued or terminated for cause The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any permit condition
Unless specified elsewhere, permanent seeding requirements for the stormwater controls 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 2008-211, Title 15A NCAC 2H 1000, and NCGS 143-2151 et al
11 The permittee shall submit a permit renewal application at least 180 days pnor to the expiration date of this
permit The renewal request must include the appropriate documentation and the processing fee
Permit transferred and reissued this the 8s' day of April 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
T acy Dav , P E , Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
State of North Carolina
Department of Environment and Natural ResoINGh
D}}��rsron of Water Quality
�0.a'5�.->• NAiY�6lttAnlhE
STATE STORMWATER PERMIT NAME/OWNERSHIP C9RO 1�kj
I. CURRENT PERMIT INFORMATION ?��S
1 Stormwater Management Permit Number
2 Project Name B�gC-V, Nc,$)c 7 AG HT G L u t3
3 Current Permit Holder's Company Name/Organization 1�?, I} �C.L,>s yAcn5->tJcyS
4 Signing Official's Name -qZ m,) - t Title f>Zcnb ( C) ,kJt
5
N
Mailing Address _ 1 i( ay Ew 2 t V C fZ 171Zt�, \\
City C. State 1V L Zip
Phone �� � 2 a G 1 0i.3 Fax
S 44
If. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for (please check all that apply)
® Name change of the owner (Please complete Items 1, 2 and 3 below)
® Name change of project (Please complete Item 5 below)
❑ Change in ownership of the property/company (Please comple Items 1,
❑ Mailing address / phone number change (Please complete Ite 4 below)
❑ Other (please explain)
1 Proposed permittee's company name/organization at 5fRIt ISL
2 Proposed permittee's signing official's name "F �-A &jL -0 (,t- l
3 Proposed permittee's title
4 Mailing Address
City
C51 D cl&. �
State Zip
l'r
and 4
/1�CN-i GLvl3
Phone (_ Fax ( )
5 New Project Name to be placed on permit t�s k 14- J SLAy+ )-0 Y(A Lu 3
Please check the appropriate box The proposed permittee listed above is
HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
The property owner
Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
0
�Iagllfo 5o11 wAs►"7'rh0
TO -145A1--TiLAND JAcH'rCU-$
SSW N/O Change Rev24Sept2012 Page 1 of 4 oN H A/lq C�wnc
ow�nh,p f
�to�ct t\um cnal\61ny
on�y
III REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of WaterQ?4,
Qs all
of the applicable required items listed below are included with the submittal F ure fipr vi
listed items may result in processing delays or denial of the transfer
1 This completed and signed form This certification must be completed and sign by botll�(}
current permit holder and the new applicant,if this is_a change of ownership_
2 Legal documentation of the property transfer to a new owner
3 A copy of any recorded deed restrictions, covenants, or easements, if requireby the pe t
d
4 The designer's certification (DWQ Engineer and Designer Certification Forms are available rom
each DWQ Regional office), if required by the permit and if not already submitted to DWQ
5 If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee
6 The $40 00 processing fee If this is an initial transfer from the original permittee the processing
fee is not required Subsequent ownership transfers will require the $40 00 processing fee
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement
1Y1+ t�uiSf tj/Wkr AP& Ol/kaf /1$r&I"A- ,_fN c-
1,A Check here if the current permittee is only ghan n his/h /its name, ttfe project name, or mailing
address, but will retain the permit 1, 1 6(61 �(Ltb� I the current
permittee, hereby notify the DWQ that I am changing my na and/or I am changing my mailing
address and/or I am changing the name of the permitted project I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit
1, , the current permittee, am submitting this application
for a transfer of ownership for permit # 1 hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit I have provided a copy of
the most recent permit, the designer's certification for each RMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections 11 and V of this form I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete I assign all rights and obligations as permittee to the
proposed permittee named in Sections 11 and V of this form I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit r-rdiBIL N� C�ACr{r c°LL73
Signature/ Date 74r-61
%XN . nac a S4 a Notary Public for the State of
%10{ C YACQ County of ym� Q r do hereby certify that
1D wl personally appeared before me this the
2tZ day of I(Yb A\ 201t0 , and acknowledge the due execution of the
f?FNing mstrumen Wit m ha an ff cial seal, (Notary Seal)
3�9.1J� yjl� Notary Signature �
SSW N/O Change Rev24Sept2012 Page 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION (This section must be completed by the
Proposed Perm�f�ll transfers of ownership)
I,� , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system I
acknowledge and attest that I have received a copy of (check all that apply to th ermit)
Bthe most recent permit 04
the designer's certification for each BMP �.4 ❑ any recorded deed restrictions, covenants, or easements By 19
B
the DWQ approved plans and/or approved as -built plans
the approved operation and maintenance agreement
past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete
Signature
day of
County of
Date
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
20_, and acknowledge the due execution of the
forgoing instrument Witness my hand and official seal,
Notary Signature
(Notary Seal)
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map
Please note that If the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document Both the lessee / developer and the property
owner will appear on the permit as permittees
SSW N/O Change Rev24Sept2012 Page 3 of 4
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form
Printed Name
Organization
Title within the Organization
Street Address
City
Mailing Address
City(if different from street address
Phone
Email
State
State
Fax
r"
Zip
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215 1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6
Signature of the property owner
day of
County of
Date
a Notary Public for the State of
do hereby certify that
Personally appeared before me this the
20_, and acknowledge the due execution of the
forgoing instrument Witness my hand and official seal,
Notary Signature
SSW N/O Change Rev24Sept2012 Page 4 of 4
(Notary Seal)
Johnson, Kelly
From Amy P Wang - 5516 [APW@wardandsmith com]
Sent Wednesday, April 09, 2014 11 14 AM
To Johnson, Kelly
Subject RE Ownership Change
Kelly,
Apparently the Surf City address is actually the property site, but Frank Voli receives mail as the Association's agent at
the Wilmington address which is the same as the current permittee Let's use that
Amy
From: Johnson, Kelly [mailto kelly o iohnson(c1ncdenr oov]
Sent, Wednesday, April 09, 2014 11 07 AM
To, Amy P Wang - 5516
Subject, RE Ownership Change
Amy,
The mailing address for the new owner was not on the transfer form
Address on 3/31/14 Permit
Ill North New River Drive
Surf City, NC 28445
Address listed for the outgoing ("current") permittee on the 4/8/14 transfer form
1612 Military Cutoff Rd, Suite 108
Wilmington, NC 28403
Which address should I put on the transfer form for the incoming ("proposed") permittee?
Thanks,
KJ
From: Amy P Wang - 5516 [mailto APWO)wardandsmith com]
Sent. Thursday, April 03, 2014 8 51 AM
To Johnson, Kelly
Subject: RE Ownership Change
Thanks, Kelly That's how I prepared the form, but I thought it best to double check with before I have Frank sign it and
send it in
From- Johnson, Kelly [mailto kelly piohnsonColncdenr gov]
Sent Thursday, April 03, 2014 8 22 AM
To Amy P Wang - 5516
Subject: RE Ownership Change
Amy,
The "current permittee" will be
Mr Frank D Voli, President
Beach House Yacht Club Owners Association, Inc
The "proposed permittee" will be
Mr Frank D Volt, President
New Company Name, Inc
This will be a "Name Change of the Owner" in Section II Then in Section IV, please check the first box Mr Volt will
need to sign both Section IV and Section V since he is the individual representing both the current and proposed
permittee
This form is perhaps a little bit overboard for your situation, but we have to write the forms to meet the needs of a
broad spectrum of situations
Thanks,
Kelly
From: Amy P Wang - 5516 [mailto APW(&wardandsmith com]
Sent: Wednesday, April 02, 2014 5 30 PM
To Johnson, Kelly
Subject: RE Ownership Change
Kelly,
If Frank D Volt is still the President of the Association under its new legal name, where does he sign the form — under
Section IV with the first box checked
Thanks,
Amy
Amy P Wang
Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) l Post Office Box 867
New Bem NC 28563-0867
P 252 672 5516 I F 252 672 5477 I C 252 675 7269
V card I www wardandsmilh com
If you have recened tlus confidential message in error please destrov it and am auachtnenn «ithout reading pirating
copwig or fonvaidrag it Please let us know of the error mimediaieh w that we can present it from happening again
You may reply du ecth to the sender of thin message Neither the nanie of Ward and Snuth P A or iA reprecentatn e
nor transmission of this email from Ward and Smith P A shall be conadeied an electronic signatuie unless
specifically stated oihen;ne in this email by a licensed auomey employed by Ward and Smith P A rhank you
From Johnson, Kelly [mailto kelly p lohnson(a)ncdenr oov]
Sent Tuesday, April 01, 2014 2 09 PM
To: Amy P Wang - 5516
Subject: Ownership Change
Amy,
Here is the link to the ownership change forms They are under miscellaneous
http //portal ncdenr org/web/Ir/state-stormwater-forms dots
KJ
K U�J cih vwso vw
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 910 350 2004
Corporations Division
Page 1 of 1
North Carolina
E'lalne F. Marshall DEPAR'T`MEN T' OF'E`HE
Secretary SECRETARY OF 'T'A'1i E
PO Box 29822 Raleigh, INC 276264M (919)867.2800
Click Here To
View Document Filings
Corporate Names
Prev Legal Beach House Yacht Club Owners Association, Inc
Legal *Topsail Island-Yacht,Clubuu
Non -Profit Corporation Information
Sosld
0992407
Status
Current -Active
Annual Report Status
Not Applicable
Citizenship
Domestic
Date Formed
7/26/2007
State of Incorporation
NC
Registered Agent
Sweyer, Richard D
Corporate Addresses
Mailing
1612 Military Cutoff Rd Ste 108
Wilmington
Wilmington NC 28403
Principal Office
1612 Military Cutoff Rd Ste 108
Wilmington NC 28403
C��G
Reg Office
1612 Military Cutoff Rd Ste 108
Wilmington, NC 28403
n
"
(Y
Reg Mailing
1612 Military Cutoff Rd Ste 108
Wilmington, NC 28403
3�
3
Account
Login
Register
http //www secretary state nc us/Search/profcorp/8268391 3/31 /2016
Jul 18 2013 11 48AM CAMS SOSID 0992407
Date Filed 7/24/2013 11 18 00 AM
STATE OF NORTH CAROLINA Elaine F Marshall
DEPARTMENT OF THE SECRETARY OF STATE North Carolina Secretary of State
STATEMENT OF CHANGE OF REGISTERED C201319900423
OFFICE AND/OR REGISTERED AGENT
pursuant to §55Dd 1 of the Genera! Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is BE ACH HOUSE YACHT CLUB OWNERS ASSOCIATION LNC
Entity Type ❑Corporation, ❑Foreign Corporation, ®Nonprofit Corporation, ❑Foreign Nonprofit Corporation,
OLimited Liability Company, ❑Foreign Limited Liability Company ❑Limited partnership, ❑Foreign Limited Partnership,
❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is,
Number and Street 1900 EASTWOOD ROAD SUITE I
City, State, Zip Code WILMINGTON, NC 28403 County NEW HANOVER
The mailing address If dfferent from the street address of the registered office currently on file is
The name of the current registered agent is YOW, MARK
NEW INFORMATION
I The street address and county of the new registered office of the entity is
(complete this item only if the address of the registered office rs being changed)
Number and Street 1612 MILITARY CUTOFF ROAD SUITE 108
City, State, Zip Code WILM NGTON. NC 28403 County NEW HANOVER
2 The maihn; address tf dfferentfrom the street address of the new registered office is
(complete this item only f the address of the registered office is being changed)
3 The name of the new registered agent and the new agent's consent to appointment appears below
(complete this Item only f the name the re tarred agent is beta � Su 8 g c
Member/NW
Type or Pr:nr Name of ew Agent ' Stgnar Title
4 The address of the entity's registered office and the address of the business office of its registered agent, as chatted,
will be identical
5 This statement will be effective upon filing, unless a date and/or time is specified
This is the _day of 20^ EACH H flT CLUB OMWERSASSOCXATION, ]LVC
Fnnry ¢
r l Signature
%J
s' dlr
NOtee Filing Fee is 55 00 This document must be Coed with the Secretary of $rate Type or Print Nainf and Title
' Instead of s ,sang here, the new registered agent may sign A separate written Consent to the appmatmeut, which most be attached to this statement
CORPORATIONS DIVISION P 0 BOX 29622 RALEIGH, NC 27626-0622
Revised Samiary 2002
Form BE•06
AO*A
NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
Natural Resources
April 2, 2014
Ms Jamie Bartolucci, Vice President
REDUS NC Coastal, LLC
301 S College St, D1053-150
Charlotte, NC 28202
Subject State Stormwater Management Permit No SW8 990325
Permit Modification, Name I Ownership Change and Permit Extension
Beach House Marina Tract 2
High Density Subdivision Stormwater Project, Development To Be Determined
Pender County
Dear Ms Bartolucci
John E Skvada, III
Secretary
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the
Division of Energy, Mineral and Land Resources (DEMLR) All previous references to DWQ will remain in older stormwater
permits issued prior to August 1, 2013 until they are modified Please note that any updated pages or addend ums to the
permit will now reference DEMLR as the Division responsible for issuance of the permit
Permit Modification
The Wilmington Regional Office received a complete State Stormwater Management Permit Application for the subject project
on April 2, 2104 Staff review of the plans and specifications has determined that the project, as proposed, will comply with
the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H 1000 We are forwarding Permit No
SW8131011 dated April 2, 2014, for the subject project This modification subdivides the permit, and splits a portion of the
area into a separate permit in order to correct a compliance issue as discussed in the history section below This permit also
establishes the amount of impervious area that will be subject to 15A NCAC 2H 1008, effective September 1,1995 (which is
commonly referred to as the `1995 Rule")
History
SW8 990325, Beach House Manna and Yacht Club, was originally permitted on June 7, 1999 and covered the area that will
now be covered by two permits, SW8 990325 and SW8131011
1 June 7,1999 SW8 990325 was first issued as a redevelopment permit This permit is missing from the file, but is
referenced in correspondence for the 2001 permit as a redevelopment permit
2 November 30,1999 A modification application was submitted, but it was returned unissued
October 30, 2001 SW8 990325 was issued as a modified redevelopment permit to install an infiltration trench
(532'Lx8'Wx4'H with 24" 0 perforated piping with a 7,810cf capacity) to treat 55,212sf of impervious area for Phase 1
of Beach House Manna and Topsail Island Yacht Club at 1 5" (per the SA requirements of 15A NCAC 2H 1000,
effective September 1,1995) This trench was permitted to be U-shaped One side starts between the parking lot
and the western side of the dry stack, bends on the harbor side of the dry stack, and continues along the eastern side
of the dry stack It was designed to treat a drainage area consisting of a gravel parking lot (19,009st), dry stack
storage (23,026sf), buildings (12,275sf), and a fuel tank (902sf)
4 February 3, 2003 A modification application was submitted, but it was returned unissued
5 July 17, 2006 A modification application was submitted, but it was returned unissued
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension Wilminoton North Carolina 28405 • (910) 796-7215 / Fax (910) 350-2004
Mr Bartolucci
April 2, 2014
6 March 19, 2008 The project was modified to expand the dry dock storage and to expand and pave the gravel
parking lot The trench permitted in 2001 is not covered by the 2008 permit A separate trench in a separate location
was permitted because, at the time, the trench permitted in 2001 was not thought to be functional The trench
permitted in 2008 (145'Lx60'Wx5'H with 24" cl) perforated piping with a 22,866cf capacity) to treat 187,512sf of
impervious area for the expansion at 1 5" per the SA requirements of the 1995 rule This trench was permitted as an
infiltration gallery located west of the trench previously permitted It was designed to treat a 281,519sf/6 46ac
drainage area (the entire project area) including the drainage area previously permitted to be treated by the 2001
trench, the comer parcel occupied by a restaurant, and the rest of the permitted area
7 2012/2013 The area permitted under SW8 990325 was subdivided into three parcels (though it was not permitted
as a subdivision permit)
April 2, 2014 The three new owners want to operate their stormwater independently
a Beach House Manna (Tract 1) This parcel will be covered by SW8131011
b Beach House Manna Tract 2 (previously bank owned) (Tract 2) This parcel will continue to be covered by
SW8 990325
c Restaurant (Tract 3) This parcel has been demonstrated to have been built pnor to 1988, and therefore
prior to North Carolina stormwater permitting regulations It was originally included in the SW8 990325
permit because it was believed to drain to that permit In 2014, it was demonstrated that this parcel only
partially drained to SW8 990325 (-25%) There is a swale to divert the restaurant's water to a NCDOT
stormwater inlet The restaurant and the swale will continue to be shown on SW8 990325 because land
that has been permitted cannot become unpermitted
Major Changes Permitted Under this Modification
Please note the following changes to this permit
1 Project Area An area currently covered by Beach House Maria and Yacht Club has been be split off from this permit
and covered under SW8131011 The remaining area continues to be permitted under SW8 990325
2 Stormwater Management for Future Development This permit previously covered a stormwater infiltration trench
The current permit does not cover any specific configuration of development because the future development on this
parcel is unknown This permit must be modified prior to future development in order to show the type of BMP,
the project configuration, and other details about the future development This permit simply documents the project
area and the impervious area that can be developed under The 1995 Rule
3 Subdivision If the project area will be further subdivided, the permit must be modified to reflect the subdivision in
advance of the subdivision and sale
Division of Impervious Area Subject to the 1995 Rule Among the Two Permits The 187,512sf of impervious area
permitted in 2008 under the SA requirements 1995 rule will be distributed as specified in Table 1 below
(93,642sf+27,870sf+66,000sf=187,512sf) The restaurant is allocated 27,870sf, which is the amount of impervious
currently on the parcel Due to local setback and other requirements, this also is an estimate of the maximum
amount of impervious area that the restaurant could ever build on the parcel This is therefore a conservative
approach to allocating the 187,512sf of impervious area among the three parcels The 187,512sf of impervious area
is subject to a 1 5" design storm Any impervious area that will be built in excess of any permjttee's allocation of
impervious area under the 1995 rule will be subject to the SA requirements of the rule in place when the excess
impervious area is permitted The rule currently in place is the 2008 Rule, SL2008-211, which requires treatment of
the greater of either the 1 5" storm or the 1 yr24hr pre/post volume which is approximately 3 68"
Table 1 Impervious Area
SW8 990325
Beach House Manna Tract 2, Total Impervious Area
148,567
sf
Future Development's Impervious Area, 1995 Rule
93,642
sf
Existing Pre-1988 Impervious Area*
27,055
sf
Restaurant on Comer Parcel's Impervious Area, 1995 Rule
27,870
sf
25% To be collected in a swale and diverted to NCDOT
6,968
sf
75% Currently drams to NCDOT
20,902
sf
SW8131011
Beach House Yacht Club's Impervious Area, 1995 Rule
66,000
sf
*There is 27,055sf of existing impervious area on the tract as shown on the approved plans This area was developed prior to
January 1,1988 This existing impervious area is not subject to stormwater controls unless it is in the drainage area of a
Paqe 2 of 3
Mr Bartolucci
April 2, 2014
future stormwater best management practice (BMP) All impervious area inside the future BMP's drainage area will have to
be treated in the BMP A maximum of 93,642sf of impervious area outside the restaurant's parcel will be subject to the 1995
rule (and treated at 1 5" design storm) which shall include new impervious area or existing pre-1988 impervious area inside
the drainage area of a BMP All impervious area in excess of 93,642sf shall be treated per the design storm in place at the
time this permit is modified to show its BMP design This project is within a half mile of and draining to shellfish (SA) waters
Name/Ownership Change and Permit Extension
On August 5, 2009, the Governor signed Session Law 2009-406 This law impacts any development approval issued by the
Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and
valid at any point between January 1, 2008, and December 31, 2010 The law extends the effective period of any stormwater
permit that was set to expire during this time frame up to three (3) years from its current expiration date On August 2, 2010,
the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years
On March 24, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change
Forth from REDUS NC Coastal, LLC for the subject project A file review and site inspection was performed on March 31,
2014 by DEMLR staff and as noted in the enclosed inspection report By acknowledging receipt of the permit, and by signing
the Name/Ownership Transfer 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 990325 has been transferred on Apnl 1, 2014 and to
remind you that this permit shall be effective until March 19, 2022, which includes the extensions For your records, please
find enclosed the modified permit, a copy of the inspection report, a copy of the Name/Ownership Change forms submitted on
March 24, 2014, and a copy of the permitted plans
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 150E 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 919431-3000, or
visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding
If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson in the
Wilmington Regional Office at (910) 796-7331
Sm rely,
�� racy vis, P E ,Director
Division of Energy, Mineral and Land Resources
GDS/kpj S 1WQS1StormwaterlPermits & Projects120131131011 HD12014 04 permit 131011
enc Inspection report, March 31, 2014
Name/Ownership Change fortes submitted on March 24, 2014
Permitted plans, April 2, 2014
cc Mr Mike Gallant, PE
Mr Frank D Voli, President, Beach House Yacht Club Owners Assn, Inc (SW8 131011 contact)
111 North New River Dnve+
Surf City, NC 28445
Inspector, Pender County Building Inspections
Fender County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File, SW8 990325
Wilmington Regional Office Stormwater File, SW8 131011
Paqe 3 of 3
State Stormwater Management Systems
Permit No SW8 990325
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY 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
REDUS NC Coastal, LLC
Beach House Manna
Roland Ave & N New River Dr, Surf CO3, Pander County
FOR THE
future right to develop the established protect area with 93,642 square feet of impervious area subject to 15A NCAC
2H 1000, effective September 1, 1995 (which is commonly referred to as "The 1995 Rule") The permittee must
apply for a permit modification to show the type of stormwater best management practice (BMP), the project
configuration, and other details about the future development prior to development or further subdivision and sale
This permit simply documents the project area and the impervious area that can be developed under The 1995 Rule
Impervious area in excess of 93,642 square feet will be permitted under the stormwater rule in place at the time of
future permitting This permit is approved in conjunction with the stormwater management plans and specifications
and other supporting data as attached and on file with and approved by the Division and considered a part of this
permit
This permit shall be effective from the date of issuance until March 19, 2022 and shall be subject to the following
specified conditions and limitations
I DESIGN STANDARDS
The maximum built -upon area allowed for the entire subdivision is as specified in Table 1 below There is
27,055sf of existing impervious area on the tract as shown on the approved plans This area was
developed prior to January 1,1988 This existing impervious area is not subject to stormwater controls
unless it is in the drainage area of a future stormwater best management practice (BMP) All impervious
area inside the future BMP's drainage area will have to be treated in the BMP A maximum of 93,642sf of
impervious area outside the restaurant's parcel will be subject to the 1995 rule (and treated at 1 5" design
storm) which shall include new impervious area or existing pre-1988 impervious area inside the drainage
area of a BMP All impervious area in excess of 93,642sf shall be treated per the design storm in place at
the time this permit is modified to show its BMP design This project is within a half mile of and draining to
shellfish (SA) waters
Table 1 Imoervious Area
SW8 990325
Beach House Manna Tract 21 Total Impervious Area
148,567
sf
Future Development's Impervious Area, 1995 Rule
93,642
sf
Existing Pre-1988 Impervious Area
27,055
sf
Restaurant on Comer Parcel's Impervious Area, 1995 Rule
27,870
sf
25% To be collected in a swale and diverted to NCDOT
6,968
sf
75% Currently drains to NCDOT
20,902
sf
SW8131011
Beach House Yacht Club's Impervious Area, 1995 Rule
66,000
sf
Page 4 of 6
State Stormwater Management Systems
Permit No SW8 990325
The runoff from all built -upon area must be directed into the permitted stormwater control system(s) that will
be permitted once the future development plans are determined, and installed prior to development
The subdivision is permitted for two (2) lots, each limited to a maximum amount of built -upon area as
indicated in Section II 17 (f) of this permit The corner parcel currently occupied by a restaurant was
developed prior to 1988 and is therefore not required to collect and treat stormwater This parcel was
permitted under a prior version of this permit therefore continues to be permitted area Most of the comer
parcel drains to the NCDOT Right of Way Approximately 25% of the comer parcel (6,968 square feet)
drains towards SW8 990325, but a swale has been permitted on the land adjacent to the comer parcel to
carry its stormwater to an NCDOT Inlet Stormwater draining from the restaurant must not drain to the
remainder of the land permitted under SW8 990325 unless the stormwater best management practices
permitted at a future date can accommodate the water draining to them from the comer parcel Since the
comer parcel does not drain to the SW8 990325 stormwater BMPs, an offsite permit is not required for the
comer parcel
4 The permittee is responsible for ensuring that the swale diverting the comer parcel's stormwater away from
SW8 990325 is maintained
5 The permittee must apply for a permit modification to show the type of stormwater best management
practice (BMP), the protect configuration, and other details about the future development prior to
development or further subdivision and sale This permit simply documents the protect area and the
impervious area that can be developed under The 1995 Rule Impervious area in excess of 93,642 square
feet will be permitted under the stormwater rule in place at the time of future permitting
II SCHEDULE OF COMPLIANCE
1 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
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 the approved plans, regardless of size
b Redesign or addition to the approved amount of built -upon area
c Further development, subdivision, acquisition, or sale of any, all or part of the protect area The
protect area is defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval or a CAMA Major permit was sought
d Alteration of any aspect of the approved stormwater drainage system and/or the approved
stormwater BMPs
e The construction of built -upon area within any permitted future development areas shown on the
approved plans
If the project area will be further subdivided, the permit must be modified to reflect the subdivision in
advance of the subdivision and sale
III GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director At least 30 days prior to
the sale of the property, or a change of ownership, or a name change of the permittee or of the project, or a
mailing address change, the permittee must submit a completed and signed Name/Ownership Change form
to the Division, accompanied by the supporting documentation as listed on the forth The approval of this
request will be considered on its ments and may or may not be approved
The permittee is responsible for compliance with all permit conditions until such time as the Division
approves a request to transfer the permit 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 permit
Page 5 of 6
State Stormwater Management Systems
Permit No SW8 990325
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North
Carolina General Statute 143-215 6A to 143-215 6C
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal)
having jurisdiction
5 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management systems
6 The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting all components of the permitted stormwater management facility
7 The permit issued shall continue in force and effect until revoked or terminated 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 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
Approved plans and specifications for this protect are incorporated by reference and are enforceable parts
of the permit The permittee shall maintain a copy of the permit, 0&M agreements, and the approved plans
at all times
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, and NCGS 143-2151 et al
11 The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this
permit The renewal request must include the appropriate documentation and the processing fee
Permit modified and reissued this the 2nd day of April 2014
NO H CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Tracy Da s, P E ,Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 990325
Page 6 of 6