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SW8980707_HISTORICAL FILE_20140115
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q 07 07 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2014 01 IS YYYYMMDD NIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director January 15, 2014 Sandpiper Bay Golf & Country Club Tim Tilma, General Manager 800 N. Sandpiper Club Drive SW Sunset Beach, NC 28468 Pat McCrory, Governor John E. Skvarla, III, Secretary Subject: State Stormwater Management Permit No. SW8 980707 Name/Ownership Change, Permit Correction and Permit Extension Sandpiper Bay Plantation Golf & Country Club High Density Residential Project Brunswick County Dear Mr. Tilma: 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 this permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the former Division of Water Quality 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. Accordingly, this permit shall be effective until November 21, 2014, which includes all the available extensions. On August 19, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a completed and signed Name/Ownership Change Form to transfer this permit back to Sandpiper Bay Golf and Country Club. A file review was performed on June 19, 2012 by DWQ prior to the previous transfer to the POA, and the Engineer's Certification was submitted on March 14, 2000. The site is currently in compliance with the terms and conditions of this corrected and transferred state stormwater management permit. The Division is hereby notifying you that permit SW8 980707 has been transferred effective January 15, 2014. For your records, please find enclosed a copy of the corrected and updated permit, a copy of the June 19, 2012 inspection report, and a copy of the August 19, 2013 Name/Ownership Change form. Please retain this cover letter and the attached permit for your files. The modifications covered by this permit include the following: 1. This permit is the "Master" permit for the interconnected pond system BMP for the 214.61 acre project/drainage area. 2. The 71 Phase 1 single family lots under SW8 130815 are now listed as an offsite project draining to this permitted stormwater system. The BUA per lot under the offsite permit is to be administered by the Sandpiper Bay Property Owners Association, Inc. 3. The Sunset Village West permits under SW8 981024, 020501, 021125, 030705, and 040121 are now listed as offsite projects draining to this permitted stormwater system. The BUA under these offsite permits will be administered by the Sunset Village at Sandpiper Bay Golf & Country Club Condominium Association, Inc. 4. The Wyndfall Subdivision permit under SW8 991118 is now listed as an offsite project draining to this permitted stormwater system. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-72151 Fax: (910) 350-2004 State Stormwater Management System's Permit # SW8 980707 This project is subject to the conditions and limitations as specified in the attached permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sin rely, Tracy vis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:1WQ1Shared\StormwateAPermits & Projects119981980707HM2014 01 permit 980707 181, ,1 1, f l.n . cc: Sandpiper Bay Property Owners Association, Inc. C (/`, q Sunset Village at Sandpiper Bay Golf & Country Club Condominium Association, Inc. 4 zb 9 Lucy Parker, Property Manager for the Condo Assn., Benchmark Management Co. Wilmington Regional Office Stormwater File J Page 2 of 7 State Stormwater Management Systems Permit # SW8 980707 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Sandpiper Bay Golf and Country Club Sandpiper Bay Golf Plantation 800 N. Sandpiper Club Drive, Sunset Beach, Brunswick County FOR THE operation and maintenance of an alternative non -discharging system of interconnected wet ponds, in compliance with the provisions of 15A NCAC 2H .1000 (hereafter the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until November 21, 2014, 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. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 of this permit. The stormwater system has been permitted to treat its 214.6 acre drainage area at 100% impervious. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The alternative system consists of an existing 24.15 acre series of lakes that were dug to provide irrigation water for the golf course on the site. The system is designed to provide sufficient storage for 100% impervious (214.6 acres) and a 3.5" design storm without discharging, thus meeting the requirement to provide 85% TSS removal, and the post development discharge rate is no larger than the pre -development discharge rate for the 1 year 24 hour storm. Page 3 of 7 State Stormwater Management Systems Permit # SW8 980707 5. The following design criteria have been permitted for the proposed alternative design interconnected series of wet detention ponds and must be maintained at design condition: a. Drainage Area: 214.61 acres b. Total Impervious Surfaces, ftz: 9,348,411 ft2 Roads/Parking, ftz: 115,000 Existing clubhouse and cartpaths, ftz: 176,870 Offsite: 71 Single Family lots (SW8 130815), ft2: 1,107,731 Sunset Village West (SW8 981024), ftz: 1,266,725 (total) Phase 2 (SW8 020501) Phase 3 (SW8 021125) Phase 4 (SW8 030705) Phase 5 (SW8 040121) Hotel Site (no permit): 120,225 Wyndfall Subdivision (SW8 991118) ftz: 566,517 Future Development: 5,995,313 c. Permanent Pool Elevation, FMSL: 53.2 d. Provided Surface Area, ftz: 24.15 acres e. Design Storm, inches: 3.5 f. Required Storage Volume, ft': 2,745,706 g. Provided Storage Volume, ft': 2,748,125 h. Temporary Storage Elevation, FMSL: 55.7 i. Controlling Orifice: N/A (golf course irrigation) II. SCHEDULE OF COMPLIANCE 1. All new development within the project must receive a separate offsite stormwater permit or modify an existing offsite permit prior to construction. 2. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 3. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. The permitted amount of built -upon area may not be revised without approval from the Division. 4. 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 drainage area or to the approved amount of built -upon area. c. The sale, conveyance or further subdivision of the project area. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. Page 4 of 7 State Stormwater Management Systems Permit # SW8 980707 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 10. 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. 11. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond system is 1 HP. 12. 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. 13. Prior to the sale of any lot or parcel, deed restrictions must be recorded which require each lot to direct its runoff into the permitted system. The pond system was designed to treat the drainage area at 100% impervious. Impervious area includes pavement, structures, walkways of brick, stone, or slate, but does not include uncovered, open slatted decking or the water surface of swimming pools. The recorded statements must follow the form: a. The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State of North Carolina. b. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State of North Carolina. c. All runoff within the project must be directed into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these additional measures. 14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 15. The permitted project and BMP must be constructed in accordance with the terms and conditions of this permit, the approved plans and specifications, and other supporting data. Page 5 of 7 State Stormwater Management Systems Permit # SW8 980707 16. Any person or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement action in accordance with North Carolina General Statute 143 Article 21. 17. The permittee shall at all times maintain the collection system within the project such that the design storm runoff is adequately conveyed to the permitted BMP. The permittee shall 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 side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes at a minimum of 3:1 in accordance with approved plans and specifications. f. Debris removal and unclogging of the collection system and drainage structures. g. Access to the overflow weir structures must be available at all times. 18. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 19. Prior to any transfer of ownership, the project must be inspected by the Division, and determined to be in compliance with all permit conditions. Records of the past maintenance activities must be produced at that time. 20. The permittee shall maintain a copy of the approved plans and specifications on file at all times. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 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) which have jurisdiction. 3. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Page 6 of 7 State Stormwater Management Systems Permit # SW8 980707 4. 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. 5. Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 6. The permittee shall submit a permit renewal request and required fee to the Division at least 180 days prior to the expiration date of this permit. Permit corrected and transferred this the 151h day of January 2014. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 980707 Page 7 of 7 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: Swk i�O 7© j 2. Project Name: 3. Current Permit Holder's Company_Name/Organization: 4. Signing Official's Name: Title: 150es���^'! 5. Mailing Address: 7s G3 ���.ra�� O� s �✓ City: State: NG Zip: �195Y R 6. Phone: ( /) s-1,7 Fax: /O 4- Zs' - �i'S9rJ II. 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 complete Items 1, 2, 3, and 4 below) ® Mailing address / phone number change. (Please complete Item 4 below) r-1 Other (please explain): Proposed permittee's company name/organization:f Proposed permittee's signing official's name: Proposed pi Mailing Add City: MML"l gvacln t State: A/G Zip: 2J'4-6d Phone: )Q S-79 gOLo Fax: (1/0) .S701 ql?,5 5. New Project Name to be placed on permit: 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) EC E' E SSW N/O Change Rev24Sept2012 Page 1 of 4 AUG 19 2013 BY: Gltt� liv1�/ y%utic kyle_ � . cn /1,Prof STjo Sandpiper Bay - V GOLF & COUNTRY CLUB Tim Tilma Grnnral Manager I PGA Profrssional Q) PGA. tel:910-579-9120a7 cell:910-470-8084 fa :910-579-9123 tim9s9indpiperbaygulCeum 800 N. Sandpiper Cluh Dr. SW ' wwwsandpiperbeygnifcom Snnscl Brach, NC 28408 -" "•' .. ---------------------------- Ill. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both_ the 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 required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from 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: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. 1, , the current permittee, hereby notify the DWQ that I am changing my name 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. X Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. e I, the current permittee, am submitting this application for a transfer of ownership for permit #✓B 9O�P701 I 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 BMP, 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 II 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 II 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. Signature: J__? day of County of and a Notary Public for the State of do hereby certify that personally appeared before me this the 20Z, and acknowledge the due execution of the AU6 19 "" IL A My Commission OFFICIAL S2AYral Y Notary Public, North Carolina County of Brunswick SSW N/O Change Rev24Sept2101:2� Page 2 of 4 ;V,) . PROPOSED PERM17TEE CERTIFICATION: (This section must be completed by the '%proposed Permittee for all transfers of ownership) 11 n, / Sin% !��' �o�l Cat- Ckz r freb notify the DWQ tha 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 this permit) [the most recent permit II��� the designer's certification for each BMP Q 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 from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer 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 inSluded, this aPion package will be returned as incomplete. Signature: // / l� I — Date: 8 ` `& ` 1? I, 3Od', F Shoe. , a Notary Public for the State of County of '6Yu.X>5YJ0- , do hereby certify that k rv\-c, personally appeared before me this the day of 20 ,and acknowledge the due exe WXjgn of the forgoing instrument. Witness my hand and official seal, �o�°jOOt E Sti0�; NOTAgy, (Notary Seal) My COMMISSION EXPIRES ado 'OUBUG 1i=' 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 rA CEE _UG 19 2013 Page 3 0l 4 r r i Lewis,Linda From: Lewis, Linda Sent: Friday, August 09, 2013 10:28 AM To: 'Tim Tilma' Cc: Jay Varallo; Thomas Goldsmith Subject: RE: Water Permit transfer? Attachments: 2013 02 permit-pr 980707.docx; 2000 03 cert 980707.pdf; 2009 08 CEI-BIMS 980707.pdf; 2012 07 cei bims 980707.pdf; 2012 07 permit 980707.docx; 2012 09 permit -correction 980707.docx; 1998 07 OandM 980707.pdf Mr. Tilma I would like for you to have a copy of the most recent permit, which I have scanned and attached. The documents include the subsequent plan revisions. However, the final permit you receive will be slightly different in that the 71 single family lots referred to will no longer be referenced in that permit, but they do remain as part of the drainage area to the 980707 pond accounted for as 100% impervious. My plan is to create a new offsite permit for the HOA with the 6,000 sf per lot limit. The golf course gets the "pond" and it's maintenance responsibility, and the HOA gets to control the lot BUA via the new offsite permit. I have scanned and attached the designer's certification for the 980707 pond. The HOA apparently had new deed restrictions recorded. The ponds were designed for a 100% impervious drainage area. The original 4,000 sf per lot limitation was recorded on August 2, 2002 in Deed Book-1613 at Page 1187. The HOA supposedly recorded an amendment which changed the BUA per lot t 6 00 The approved plans should be in either Mr. Grigg's possession as the original permit holder, or perhaps they were given to the HOA during their short tenure as "permittee". Regardless, the Division also has our file copy, and you will need a copy as well. If neither Mr. Grigg nor the HOA has these plans, arrangements can be made to get you a copy at your expense - Allways Graphics is pretty reasonable, about $3.50 per sheet. The plans can also be scanned and emailed if you prefer. The original approved O&M agreement from 1998 is attached. The Golf Course and the HOA were supposed to be working under that agreement during their tenure as permittee. You can waive the need for maintenance records. Those records should already be in the possession of the Golf Course, because they should have been kept by Mr. Grigg and the golf course during the time they had this permit. All of the newer permits require record -keeping, but most of the older ones do not An inspection was done in 2009, with the only compliance issue being the fact that the permit expired. A followup inspection was conducted in July, 2012 just before the permit was transferred to the HOA, and the project was deemed compliant because it had been renewed. A copy of the 2009 and 2012 compliance evaluation inspection reports are attached (CEI BIMS). Because the permit was in the possession of the Golf Course for many years before it was transferred to the HOA, and the HOA only had it for a little over a year, you can waive the need for another inspection before the Division transfers the permit back to the Golf Course. Hope that helps Linda Lewis NC Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 0 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Tim Tilma[mailto:tim@sandpiperbaygolf.com] Sent: Wednesday, August 07, 2013 12:03 PM To: Lewis,Linda Cc: Jay Varallo; Thomas Goldsmith Subject: Re: Water Permit transfer? Ms. Lewis..... I am preparing to sign the document that.changes the ownership of Storm water permit SW8 980707 from the Sandpiper HOA to Sandpiper Bay Golf & Country Club. Mr. Tom Goldsmith , President of the HOA, has signed and had notarized his portion of the form. I have questions on my part of the form. In Section V, I have to sign that I have recieved the most recent permit, the designers certification for each BMP, etc. Please see the attached form. These questions relate to each of the "square" bullit points near the top of the page. There are several items that I have to sign for that I reviewed and will comply with.... and am trying to do the correct thing in this matter. Do all of these apply to this permit transfer ? I am supposed to "check all that apply to this permit' 1. The most recent permit that I have is dated Jan. 30, 2003 and was granted to Mr. Roger Grigg, Sandpiper Bay Land Company. According to the PROPOSED PERMITTEE CERTIFICATION -- Part V, I need the most recent permit --- that evidently belonged to the Sandpiper HOA. If appropriate, you can waive my need to see this permit if there are no major changes to it. 2. Do I need to see the designers certification for each BMP ? Who is the designer, where do I get that certification? 3. I know of no recorded deed restrictions, covenants, or easements that apply to the water permits. 4. Does your office have the DWQ approved plans or approved as built plans. I am not aware that we have those plans at my location. 5. Does your office have the approved maintenance agreement? 6. Are the past maintenance records. required ---- this line has a (where required ) clause in it. ? 7. Do I need to see a DWQ stormwater inspection report showing compliance within 90 days prior to this transfer.? 8. I am unsure of many of these requests --- can they be waived , or taken to be satisfied by many years of satisfactory water level management ?, or do they apply to this permit.? Please advise --- Thank you. 2 Tim 1'lma PGA Professional General Manager Sandpiper flay Golf & Country Club 2010 Myrtle Beach Golf Course of the Year 800 N. Sandpiper Club Dr. SW Sunset Beach, NC 28468 Office 910-579-9120 ext.7 Cell 910-470-8084 Fax 910-579-9123 Ismail tim(a2sandpiperbaygol£com ----- Original Message ----- From: Lewis.Linda To: Tim Tilma Cc: Jay Varallo Sent: Monday, August 05, 2013 3:02 PM Subject: RE: Water Permit transfer? iIM11Gi . There is a permit renewal fee every 8 years, currently set at $505.00. The renewal period may be increased to 10 years. If it is, those affected permittees will be notified. The 990136 permit you currently hold for the 9-hole Golf Course Addition will expire in December 2013, and needs to be renewed. The 980707 permit is currently set to expire in November 2014. The renewal fee is charged only once per permit during the permit term. When the permit is renewed in 2014, the fee will be collected with that renewal application and the permit will be renewed for 8 years to 2022 or perhaps to 2024, if the Legislature approves of a 10-year term. The renewal fee won't be due again until 2022 or 2024. In simpler terms, that is just over $126.00 a year for the 2 permits based on an 8 year term and $101.00 a year based on a 10 year term. I'm hopeful that an organization as large as Sandpiper has the ability to set aside $126.00 a year from the HOA/POA fees to go toward the stormwater renewal fees. I am unable to waive a renewal fee. We agreed with the HOA to not charge a transfer fee to get the permit transferred back to the golf course. I only required that the signatures on the transfer form be notarized. Linda Lewis NC Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Tim Tilma fmailto:tim(&sand iperbaygolf.com] Sent: Monday, August 05, 2013 2:03 PM To: Lewis,Linda Cc: ]ay Varallo Subject: Re: Water Permit transfer? Ms. Lewis... thank you for your reply email. I am concerned about the renewal fee that you mentioned in last part of your reply to me. What is the status of the permit... when does it need to be renewed? Is there a cost for the transfer? Since this permit has some highly unusual dynamics going along with it.... if there are any fees.. can they be waived? Tim Tilma PGA Professional General Manager Sandpiper Bay Golf & Country Club 2010 Myrtle Beach Golf Course of the Year 800 N. Sandpiper Club Dr. SW Sunset Beach, NC 28468 Office 910-579-9120 ext. 7 Cell 910-470-8084 Fax 910-579-9123 Email tim@��Andpipgrbavp-olf.com ----- Original Message ----- From: Lewis.Linda To: Tim Tilma Sent: Tuesday, July 30, 2013 3:41 PM Subject: RE: Water Permit transfer? i•I��ICiF Yes, this transfer was a little convoluted because the HOA was confused. The 980707 permit and the 990136 permit are both "Master" permits which cover 2 different no -discharge pond systems. A Master permit covers the BMP (Best Management Practice) and allocates BUA to the various development tracts within the drainage area of that BMP. It is most useful for keeping track of large, multi -phase developments. The Golf Course was the permittee of record for the 980707 permit before we transferred it to the HOA (at their insistence). They thought that both permitted no -discharge pond systems were covered under the 990136 permit. They also believed that all they were getting with the 980707 permit was the ability to administer the BUA per lot for those 71 lots covered by that permit. After I explained to them about the 2 separate pond systems, and that what they ended up with was the maintenance responsibility of that pond system, they immediately understood that they needed to transfer it back to the Golf Course. Maintenance does include keeping the algae and weed population under control as well as stabilizing the pond banks. The Golf Course should hold that permit (minus the lots) so that you can continue to control the water levels, draw water for golf course irrigation, and maintain the pond. If you let the HOA keep the pond permit, then you lose control over the water levels and possibly the ability to irrigate from the ponds. I plan to take the 71 lots out of the 980707 permit and put them under a separate offsite permit that will be issued to the HOA so they can track the BUA. There is a permit renewal fee every 8 years, currently set at $505.00. The renewal period may be increased to 10 years. If it is, those affected permittees will be notified. .< Linda Lewis INC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Tim Tilma rmailto:timLiDsandpiperbaygolf.com] Sent: Tuesday, July 30, 2013 11:57 AM To: Lewis,Linda Cc: Jay Varallo; Tom Burger Subject: Water Permit transfer? Linda Lewis... Good Afternoon. I have been approached by Tom Goldsmith, the Sandpiper Bay HOA President, with a request to transfer a water permit to North Star Carolina / Sandpiper Bay Golf & Country Club I beleive that the permit in question is the SW8 980707... which at one point belonged to Roger Grigg of Sandpiper Bay Land Company. Evidently, somehow this permit was transferred to the Sandpiper HOA. My questions are: 1. What happened to that permit.. and why. 2. Why does the HOA want to transfer it to my company.? 3. What are the pros and cons of my company taking over that permit.? 4. I beleive this permit is a Master Permit ? What does that mean? 5. We irrigate our Golf Courses with water from these ponds. How does that effect the water permit issue.? 6. Are they fees to holding permits? 7. Does having the permit mean the holder be responsible to pond bank maintenance and water quality ?--- ie algae, duckweed, etc. 8. Mr. Goldsmith gave me the Transfer request on Friday, July 26, and it is signed by a notary. I need to review this and be aware of all consequnces --- intended and unintended, prior to approving, or denying this request. My company is owned by a man who lives in California. As the General Manager, I have a duty to him to keep him informed and to do his will in matters of land development. Water permits have effects on development, so I must be prudent in the actions I take in regard to this matter. I left a voice mail today as well, and would like to discuss this matter --- perhaps with a written reply/ answers to my questions above. Thank you very much. s Tim Tilma PGA Professional General Manager Sandpiper Bay Golf & Country Club 2010 Myrtle Beach Golf Course of the Year 800 N. Sandpiper Club Dr. SW Sunset Beach, NC 28468 Office 910-579-9120 ext. 7 Cell 910-470-8084 Fax 910-579-9123 Email tim0sandpiperbaygolf.com Sandpiper Bay Property Owners Association .tune 27, 2013 Ms. Linda Lewis, Environmental Engineer III NCDENR 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Re: Your letter of June 17, 2013 Subject: Sandpiper Bay Pile Review Events Stormwater Permit Numbers SW8 980707 and SW8 990136 Dear Ms. Lewis: "Thank you for our very productive telephone conversation of June 26, 2013, 'rhe following items have been agreed upon: Master Permit SW8 980707-Sandpiper Bay POA will initiate paperwork to transfer this permit back to North Star Corporation a/k/a Sandpiper Bay Golf and Country Club with an estimated completion date of July 15, 2013. The five Sunset Village West offsite permits to Master Permit SW8 980707 will have to be transferred to the Sunset Village Condominium HOA. Contact information has been provided to NCDENR to accomplish this. The Golf Plantation Phase 6 offsite permit will be dealt with by Centex Homes (now Pulte Homes) and NCDENR staff. Sandpiper Bay POA has contacted the Centex representative and that process has begun. Once these actions are successfully completed we can consider the matter of these permits resolved. Thank you. Sincerely, AG Presi it Sandpiper Bay POA 'E E'VE JUL 0 12013 BY:._.----- cc: Sandpiper Bay POA Board of Directors Sandpiper Bay Golf and Country Club -Tim Tilma Benchmark Management Company -Lucy Parker FFWA WCD-E R North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 17, 2013 Tom Goldsmith, President Sandpiper Bay POA, Inc. 7403 Balmore Dr. SW Sunset Beach, NC 28468 Division of Water Quality Thomas A. Reeder Acting Director Subject: Sandpiper Bay File Review Events Stormwater Permit Numbers SW8 980707 and SW8 990136 Brunswick County Dear Mr. Goldsmith: John E. Skvarla, III Secretary On March 20, 2013, Linda Lewis with the Division of Water Quality (DWQ), Wilmington Regional Office (WIRO), met with the Sandpiper Bay Property Owners Association (POA) to discuss two of the eleven permits associated with Sandpiper Bay subdivision. During the meeting POA members expressed some confusion over permit requirements and requested a detailed explanation of those requirements from DWQ staff. Therefore, DWQ researched and conducted a file review of the SW8 980707 and SW8 990136 permit files and determined that part of the POA confusion involved their belief that SW8 990136 was the only Master Permit with a pond, which was to be maintained by the Golf course, and that all of the offsite permits covering the home sites had been transferred to the POA. However, the correct information is that both SW8 980707 and SW8 990136 are "Master Permits", but they are the master permit of two different stormwater systems. Adding to the POA confusion is the fact that two of the interconnected ponds permitted under the 980707 permit (labeled as Lake A and Lake E in 990136) were expanded as part of the 990136 permit to treat some of the new 9-hole golf course "Golf Plantation" tracts. The proposed new interconnected lakes B (1-11), C and D were permitted under SW8 990136, but A and E were noted in the 990136 permit as having been "previously permitted" under SW8 980707. This was only meant to indicate that runoff from the 990136 project area is treated in both a proposed new pond system and in the offsite pond system from 980707, and was not meant to indicate that the ponds under 980707 were somehow "re -permitted" under 990136. The following information provides details on each of these permits. 1. Permit 980707 (Sandpiper Bay Sunset Village West) was issued for a series of interconnected, alternative design, wet detention ponds that treat runoff from the 18-hole golf course. Those approved plans show and label the "Phase I" development as the 37 lot condominium complex and 70 single family lots. Offsite permits associated with this Master that have not been transferred to the POA include: SW8 981024 Sunset Village West Phase 1 (Offsite to 980707); SW8 020501 Sunset Village West Phase 2 (Offsite to 980707); SW8 021125 Sunset Village West Phase 3 (Offsite to 980707); SW8 030705 Sunset Village West Phase 4 (Offsite to 980707); SW8 040121 Sunset Village West Phase 5 (Offsite to 980707); 2. Permit 990136 (Sandpiper Bay 9-Hole Golf Course Addition) was issued for a different series of interconnected, alternative design, wet detention ponds that treat runoff exclusively from the 9-hole golf course addition and the Golf Plantation development tracts located to the north of the 980707 project. Please note that ownership of the 990136 permit remains with the Golf Course. Offsite permits associated with the 990136 Master Permit that have already been transferred to the POA include: Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 29405 One Phone: 910-796-72151 FAX: 910,350-20041 DENR Assistance: 1-877-623-6746 1�10 Carolina Internet: www.ncwaterquality.org Nturall'y An Equal Opportunity 1 Affirmative Action Employer Mr. Goldsmith June 17, 2013 a. SW8 000130 Golf Plantation Phase 2; SW8 010812 Golf Plantation Phase 3; SW8 020914 Golf Plantation Phase 4; SW8 030828 Golf Plantation Phase 5. b. The offsite permit SW8 041008 Golf Plantation Phase 6 has not been transferred to the POA. According to the approved plans for these permits, both of the permitted pond systems ultimately discharge to the same outlet ditch along the south -south west property line, but they were not permitted to be interconnected. Any interconnection between these 2 separate systems made by the golf course or the POA subsequent to the issuance of the permits is prohibited unless and until a modification is submitted to and approved by the Division. DWQ recommendations to clear up permit ownership and maintenance issues are provided below: 1. Permit SW8 980707 was transferred to the POA at the request of Mike Spinelli. However, based on the information above, we recommend that the 980707 permit be transferred back to the golf course for the continued maintenance responsibility of that alternative wet pond system. 2. The permittees for the other offsite permits that have not yet been transferred to the POA should immediately transfer those offsite permits to the POA upon completion of construction for each phase of development. 3. Once all offsite permits are transferred to the POA, the POA should consider consolidating them into one permit. If you agree with these recommendations please complete, sign and return separate appropriate permit transfer requests as outlined below: The request to transfer the 980707 permit will have the POA as the current permittee and North Star Management Corporation d/b/a Sandpiper Bay Golf and County Club as the proposed permittee, signed by Tim Tilma, General Manager. The request to transfer all 5 of the Sunset Village West offsite permits will have Crossman Communities of NC, Inc. (now Beazer Homes) as the current permittee with the POA as the proposed permittee. The request to transfer the Golf Plantation Phase 6 offsite permit will have Centex Homes as the current permittee and the POA as the proposed permittee. If you have any questions, please do not hesitate to contact me at 910-796-7343 or via email at linda.lewis@ncden r.gov. Sincerely, `e�6&z� e" Linda Lewis Environmental Engineer III GDS/arl: S:\wqs\stormwater\permits & projects\1998\980707 HD\2013 06 letter 980707 cc: Wilmington Regional Office Stormwater File Page 2 of 2 North Carolina Secretary of State w Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARYOFSTATE PO Box 29622 Raleigh, NC 276264622 (919)807-2000 Date: 6/14/2013 Click here to: View Document Filings I PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC SANDPIPER BAY PROPERTY OWNERS LEGAL ASSOCIATION, INC. Non -Profit Corporation Information SOSID: 0478322 Status: Current -Active Effective Date: 12/11/1998 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: FIRSTSERVICE RESIDENTIAL CAROLINAS, INC. Office Address: 5970 FAIRVIEW ROAD, SUITE 710 CHARLOTTE NC 28210 Mailing Address: Principal Office 5970 FAIRVIEW ROAD, SUITE 710 CHARLOTTE NC 28210 Office Address: 414 MAIN STREET NORTH MYRTLE BEACH SC 29582 Mailing Address: P 0 BOX 280 NORTH MYRTLE BEACH SC 29597 Officers This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 744 http://w,rw.secretary.state. nc. us/corporations/Corp.aspx?Pitemld=5048405 6/14/2013 C200733900132 State of North CaroBna Department of the Secretary of State 0478322 Date Filed: 12/4/2007 8:54:tH1 AM Elaine F. Marshall North Carolina Secretary of State C200733800132 NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE Pursuant to §55A-16-23(b) of the General Statutes of North Carolina, the undersigned nonprofit corporation does hereby submit the following for the purpose of changing its principal office address currently on file with the Secretary of State. INFORMATION CURRENTLY ON FILE The name of the corporation is: Sandpiper Bey Property Owners Association, Inc. The street address and county of the principal office of the corporation currently on file is: Number and Street: 990 Sandpiper Bay Dr. City, State, Zip Code: Sunset Beach, NC 2a058 County: Brunswick no mailing address (f dj(perent from the street address of the principal office currently on file is The street address and county of the new principal office of the corporation is: Number and Street: 414 Main Street City, State, Zip Code: N. Myrtle Beach, SC 29582 County: Nony 2. The mailing address if di erent from the street address of the new principal office is: P. O. Box 280, N. Myrtle Beach, SC 29597 3. This statement will be effective upon filing, unless a later date and/or time is specified: This is the gEWay of November , 2007 Sandpiper Bay Property Owners Association. Inc. Name of Corporation Signature Shbley A. Elmore, Managing Agent 7)pe or Print Name and Title NOTES: 1. Filing fee is $5. This statement and one exact or conformed copy of it must be filed with the Secretary of State. Revised January 2000 Form N-12 CORPORATIONS DIVISION P. O. BOX 29622 RALEIGK NC 27626- 0622 z"i 3 "ICA, S' g CyU-�-o -� C I Lo �u1� z3 2c4z 5- -t,y- �,�Feir -J p ov-m,-f- JUA1 13 2013 June 12, 2013 Sandpiper Bay SW /90- On 707 and SW8 990136 File Review Events Wednesday,tMarch 0, 2013, several members of the Sandpiper Bay Homeowners' Association met,L'inda Lewis to discuss their confusion over the SW8 980707 permit. This is one of the MaPermits for Sandpiper Bay covering the 18-hole golf course and one of the two alternative non -discharging wet pond water quality treatment systems. As the various phases developed over the years, they were issued offsite permits. In the meeting, the HOA indicated that they believed SW8 990136 was the only Master Permit and that the offsite permits covering the home sites would be transferred to them, while the golf course (Tim Tilma) was supposed to keep the master permit and be responsible for maintaining the pond system. In an effort to clear up the confusion, Linda Lewis conducted a file review of SW8 980707 and SW8 990136 over the course of 3 days — the results are presented below. Both SW8 980707 and SW8 990136 are "Master Permits" in their own right, but they are thek master permit of different stormwater systems. The 990136 permit was issued for the series of alternative design wet detention ponds that treat runoff from the 9-hole golf course addition located to the north of the 980707 project. According to the approved plans, these 2 pond P systems ultimately discharge to the same outlet ditch along the SSW property line, but were not permitted to be interconnected. Any interconnections between these 2 systems made by the golf course or the HOA subsequent to the issuance of the permits is prohibited unless and until a modification is submitted to and approved by the Division. The table below lists the +n phases and their associated permit numbers which drain to each of the alternative design pon systems. Y6,� � v h V; SW8 980707 SW8 990136 Sunset Village **SW8 981024 Golf Plantation SW8 000130 West Phase 1 phase 2 Wyndfall I & II SW8 991118 Golf Plantation Phase 3 SW8 010812 Sunset Village ** SW8 020501 Golf Plantation SW8 020914 West Phase 2 Phase 4 Sunset Village **SW8 021125 Golf Plantation SW8 030828 West Phase 3 Phase 5 Sunset Village **SW8 030705 Golf Plantation **SW8 041008 West Phase 4 Phase 6 Sunset Village **SW8 040121 West Phase 5 **Please note that offsite permits SW8 981024, SW8 020501, SW8 021125, SW8 030705, SW8 040121 and_SWfl 4Q 1008 have not been transferred to the HOA yet. — Based on this information, the 980707 permit should be officially transferred back to the golf course for the continued maintenance responsibility of the alternative wet pond system. The Division recommends consolidating- all the offsite permits. This will give the HOA just one "offsite" permit to refer to and keep track of. It is my understanding that in a letter dated June 15, 2012, Mike Spinelli insisted the Division transfer the 980707 permit to the HOA, despite the Division's attempts to explain that the 980707 permit was for the pond system. Per discussion with David Cox (inspector) and Georgette Scott (supervisor), with the Division of Water Quality in Wilmington, the reasons that Mr. Spinelli insisted on having the permit were two -fold — to increase the impervious area per lot from 4,000 sf to 6,500 sf and to have control of the pond water level. S:\wqs\stormwater\permits & projects\1998\980707 HD\2013 06 summary 980707 �n� a�pc c� ncoQ Lc--)�1��� S�t�s' n G. /J/728�c-�ee��-e-•-� ( e-e-o ,�J,` D ll�z ?�---� �y ""_',�J `�'`. ✓� O a` `� "C ii— ter./ ei /1 ✓ "t ��( LJL�� � Gin--C ;1�J<-� /lti.. 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