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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