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HomeMy WebLinkAboutSW8980707_HISTORICAL FILE_20120723 (3)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 a 2 07 0 7 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2012 07 23 YYYYMMDD K i Beverly Eaves Perdue Governor 92C ER North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Dee Freeman Director Secretary July 23, 2012 Sandpiper Bay Property Owner's Association, Inc. C/o Mike Spinelli, President 7422 Balmore Ct. Sunset Beach, NC Subject: Stormwater Permit No. SW8 980707 Name/Ownership Change and Permit Extension Sandpiper Bay Golf Plantation Phase 1 High Density Residential Project Brunswick County Dear Mr. Spinelli: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the 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. On June 19, 2012, the Division of Water Quality (DWQ) received a Name/Ownership Change Form. A file review was performed on June 19, 2012 by DWQ and the Engineer's Certificate submitted on March 14, 2000, confirms the site is currently in compliance with the terms and conditions of the current state stormwater permit. The Division is hereby notifying you that permit SW8 980707 has been transferred on July 23, 2012, and shall be effective until November 21, 2014, which includes the extensions. For your records, please find enclosed a copy of the permit with an updated page 2 of the previously issued permit, a copy of the compliant inspection report, and a copy of the Name/Ownership Change forms) submitted on June 19, 2012. Please keep this cover letter and updated page 2 to your permit originally issued on November 23, 1998 and as modified thereafter. This permit is subject to the conditions and limitations as specified in the previously issued 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 changes of 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. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151FAX: 910-350-20041DENRAssistance: 1-877E23 J748 NorthCarci ina Internet vnv<v.nrwaterquality.org �n��N���� An Equal Opportunity l Affirmative Actbn Employer V State Stormwater Management Systems Permit No. SW8 980707 If you have any questions, need additional copies of the permit or approved plans, please contact David Cox with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7215. Sincerely, so 6fi,harles akil, Director Division of Water Quality GDS/dwc: S:\WQS\Stormwater\Permits & Projects\1998\980707HD\2012 07 permit 980707 cc: Roger Grigg Wilmington Regional Office Stormwater File N State Stormwater Management Systems Permit No. SW8 980707 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Property Owner's Association, Inc. Sandpiper Bay Golf Plantation Phase I Brunswick County FOR THE operation and maintenance of an alternative system- a non -discharging detention pond, in compliance with the provisions of 15A NCAC 21-1 .1000 (hereafter referred to as 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 Water Quality 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: 1. 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 on page 3 of this permit, the Project Data Sheet. Each single family subdivision is permitted for a maximum allowable built -upon area of 4,000 square feet. 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 the existing 24.15 acre series of lakes 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 that the pre -development discharge rate for the 1 year 24 hour storm. State Stormwater Management Systems Permit No. SW8 980707 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stonmwater Runoff: Classification of Water Body: Drainage Area: °C Sw" Sandpiper Bay Golf Plantation 980707 Brunswick County Mr. Roger E. Grigg, President Sandpiper Bay Land Company, Inc. 800 Sandpiper Bay Club Drive Sunset Beach, NC 28468 ,July 9, 1998 Little Caw Caw Swamp 214.61 acres Total Impervious Surfaces, ft2: 9,348,411 ft2 71 Sunset Village West Phase I lots as required in restrictive covenants: 284,000 Phase I Roads/Parking, ft2: 115,000 Other, ft2: 436 Existing clubhouse and cartpaths, ft2: 176,870 Hotel Site @92%: 120,225 Future: 9,651,880 Offsite Area entering Pond, ft2: Permanent Pool Elevation, FMSL: Provided Surface Area, ft2: Required Storage Volume, ft': Provided Storage Volume, ft': Temporary Storage Elevation, FMSL: Controlling Orifice: J none, per Engineer 53.2 24.15 acres 2,745,706 2,748,125 55.7 n/a-Ponds do not discharge in response to design storm 4 State Stormwater Management Systems Permit No. SW8 980707 11. SCHEDULE OF COMPLIANCE 1 1. All future development within any phase of the project must receive a separate offsite stormwater 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 stonmwater 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. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 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. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved tunount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director inay 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. 7. The stormwater management system shall be constructed in it's 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. J11. Decorative spray fountains will not be allowed in the pond. State Stormwater Management Systems Permit No. SW8 980707 12. If the stormwater system was used as an Erosion Control device, it must be restored to 1 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, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the form: a. "The maximum built -upon area per lot is 4,000 square feet, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "All runoff on the lot must drain 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 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, l dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 15. The permittee shall at all times keep the collection system within the project clear, and must 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 drainage structures. g. Access to the overflow structure and valve must be available at all times. 15. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. J17. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Records of maintenance activities will be required. 0 State Stormwater Management Systems Permit No. SW8 980707MOD )III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. 3. 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. 4. 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. 5. 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. �. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Permit issued this the 4th day of March, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �CA4 A A .t n Q.-1+ A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 980707MOD J i; NC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW � 9fo'Jo7 mof 2. Project Name: _�5 �_J)) 01 PEA " Yiy (oc.F PL6 erh-rloE -1� 3. Current Permit Holder's Company Name/Organization:SIA,, PrPE2 6iy I-ArJb eom&ai- t-- 4. Signing Official's Name:,&DGE4 �, GR/�G Title: 64al' EA)T 5. Mailing Address: 3s61 iJ'91?T / k1 A)GS YLJ City: Mhf itri; E Qdc—�k lC f State:_ Zip: 6. Phone: (Ky_g) C 2 l - '%( 7L Fax: (—) LrrikroDwrJ E1%, II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATIO%N.N 9 2t112 This request is for: (please check all that apply) 4 '�rName change of the owner (Please complete Items 1, 2 and 3 below) !Name change 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) Other (please explain): PE Rm r f LsfUC of T„��-/ r 744WSFFR4,AIG �s<em �1 1. Proposed permittee's company name/organization:2t'JbPr1-JER- 644 6ebeF� DWAE,2S ASS,o, Lire. 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: P/ZES r kcA) T 4. Mailing Address: 7`f�Zl, &L/nokf- jL,) City:SQNSL7 4A 4 State: AJr= Zip: Phone: to ) _S%J - p I a Fax: ( ) 5. New Project Name to be placed on permit: SA A 1� r'rPE� r3 y f �or�KRT`I OwAI RS i ni ZAIc_ Please check the appropriate box. The proposed permittee listed above is: D HOA or PDA (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) `. 0 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) Page 1 of 4 III. 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. I, , 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. , . ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, the current permittee, am submitting this application for a transfer of ownership for permit # SW I? 9807e7 inoD . 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: a Notary Public for the State of County of. , do hereby certify that personally appeared before me this the day of 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Notary Signature JUN 19 2012 *-J t3Y:---------- Page 2 of 4 V. • PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1ACPAkL SPUCLLT CNBCPALf SP6 PQ A , 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 this permit) FF/rthe most recent permit W❑ he designer's certification for each BMP any recorded deed restrictions, covenants, or easements j]'the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement epast 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 included, this application package will be returned as incomplete. Signature: Date: 6 - /> /a I,h�N✓�T 2.>1S 'r� -,a Notary Public for the State of i �40_0Sd106L , County of do hereby certify that l0,h� S b f ineA personally appeared before me this the CS day of "SU n-0- 20 a , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, ' t` (Notary Seal) Not y Signature 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 / deve oper and the property owner will appear on the permit as permittees. �a M y`---� uY 3__I JUN 19 2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections Il 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: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: 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..) 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 County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) Y �W C"i-.. JUN 19 2012 G xi Fj Page 4 of 4 ern NCDEE R North Carolina Department of Environment and 1 Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director J September 10, 2012 Sandpiper Bay Property Owner's Association, Inc C/o Mike Spinelli, President or Current President 7422 Balmore Ct. Sunset Beach, NC 28468 Subject: Permit / Correction Sandpiper Bay Golf Plantation Stormwater Permit No. SW8 980707 Brunswick County Dear Mr. Spinelli: Natural Resources Dee Freeman Secretary Page 6 of your permit stated a specific BUA per lot. This has been corrected to reflect the revision made on February 23, 2012. Please replace page 6 of your state stormwater permit issued on July 23, 2012 with the corrected pages attached. If you have any questions concerning the requirements of the permit, please do not hesitate to call David Cox at (910) 796-7215. Sincerely, ,-7 For Charles Wakild, P.E., Director Division of Water Quality CW/GDS/ dwc: S:\WQS\Stormwater\Permits & Projects\2000\980707offsite\2012 09 permit 980707 cc Amy Wang Brunswick County Building Inspections Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215 \ FAX: 910350-2004 \ DENR Assistance: 1-877-623-6748 Intemet: w .nmalerqualitymrg An Equal Oppotlunity 1 Affirmative Action Employer NNo e hCarolina aturally Sandpiper Bay GOLF & COUNTRY CLUB Sandpiper Bay GOLF & COUNTRY CLUB TO: NC Dept. of Environment and Natural Resources Tim Tilma General Manager I hGA Pruliysionnl FROM: Tim Tilma� gPQ'rA. JIc1:910-579-9120x7 celh910-470-8084 fax:910-579-9123 DATE: Feb. 24, 2012 Iim�!isandpiperbaygulf,'nrn 800 N. Sarxlpiper Ciub Dr. SW w .sondpiperbaygolf.enm Suusel Beach, NC 28468 This letter is to ask your agency to correct the addresses and names of people you are sending Information to about water permits. I am Tim Tilma, General Manager of Sandpiper Bay Golf & Country Club. My company holds many water permits -- example a SW8 010812. 1 have recently got mail that was to my correct address but to the name Gene Blanton. Gene retired from Sandpiper Bay in the summer of 2007. PLEASE remove Gene Blanton's name from the mailing list and you can add my name as the contact person for the permits belonging to Sandpiper Bay Golf & Country Club. I am also receiving information addressed to Roger Grigg, Sandpiper Bay Land Company. He was a developer here 10 —15 years ago, but no longer has an address here. You are currently mailing his permit information to my address. This is wrong. His address is: Roger E. Grigg C� d,� 3501 North Kings Highway FEB1; Myrtle Beach, SC 29577 2 7 2012 His office N is 843-626-7676 — if you need to call for verification. One of his permits is SW8-980707 MOD. He has written to you about this permit on September 3, 2009, so I know that he and you are aware of his responsibility on this permit. Thank you for your attention to this matter. My contact information is on my enclosed business card. lel 910-579-9120 fax 910-579-9123 gollshop©sonclplperbaygolLcom SOON. Sandpiper Club Dr. SW Sunsef Beach, NC 28468 A&E - NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director February 23, 2012 Mr. Gene Blanton, Vice Pre North Star Development 800 Sandpiper Bay Drive Sunset Beach, NC 28465 Dee Freeman Secretary Permit #: Mr. Mike Wyatt, President Permit #: SW8 990136 Centex Homes SW8 000130 2050 Corporate Center Dr. Suite 200 SW8 010812 Myrtle Beach, SC 29577 SW8 020914 SW8 030828 SW8 041008 Mr. H. Gifford Edwards, Vice President Permit #: Mr. Roger E. Grigg, President Permit #: Crossman Communities of NC, Inc. SW8 981024 Sandpiper -Bay Land 6ompany, Inc. SW8 980707 1111 48th Avenue North SW8020501 860-3andpiper-Bay-Glub-Drive Myrtle Beach, NC 29577 Sunset -Beach; NC-28468 /ny,y,y;.o� s� /lMva.Z ra 21W 1711 z9S77 Mr. H. Guilford Edwards, Vice President Grossman Communities of NC, Inc. 1107 48th Avenue North, Suite 110 Myrtle Beach, SC 29577 Homeowner's Association SW8 021125 c/o Whilmel Swain, President SW8 991118 SW8 030705 PO Box 8164 SW8 040121 Ocean Isle Beach, NC 28469 Subject: Plan Revision and Extension of Permit Expiration Dates Sandpiper Bay Projects Brunswick County Dear Permittees, The Division understands that there are lots in Sandpiper Bay that have built in excess of the allocation previously required by their stormwater permit, and we have been working with all parties to rectify this situation for a number of years. This Plan Revision will resolve the concerns about overbuilding in the subdivision. By this letter we are also notifying you of a regulatory change that extends the due date of two of the Sandpiper Bay permits. Plan Revision: The Wilmington Regional Office conducted a file review for all of the Sandpiper Bay projects and found that the entire subdivision was originally permitted to be treated by a series of lakes that were capable of treating the entire 214.6ac project at 100% impervious. This was done under SW8 980707 which was most recently revised on January 30, 2003, attached. All of the permits in this subdivision drain to SW8 980707, and the area permitted by those permits is therefore also already permitted at 100% impervious. Therefore, we are removing the impervious area restriction for each lot covered by the permits listed in Table 1. The restriction was listed as a deed restriction requirement in each permit. The deed restriction requirements other than the "impervious area per lot" or "built upon area per lot" or similar language remain in effect and must be recorded. Because there is an existing permit that will allow development of 100% impervious over the entire subdivision, it is impossible for the subdivision to overbuild. Therefore, impervious area restrictions per lot are not necessary. We understand that there is a desire by many residents for such restrictions to be in place. If your Homeowners Association chooses to impose such impervious restrictions, you may certainly do so. The Division encourages you to consider that approach, but it is not required. The most recent permits as well as their associated approved plans remain in full force and effect. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877£23-6748 NorthCarolina Internet: www,ncxaterqualily.org ^A 1n�'/Nn //� (.i/�/LL ural An Equal Opportunity l Affirmative Action Employer Table 1: All Sandpiper Bay Permits Permit Project Name Expiration Date SW8 990136 Sandpiper Bay Golf Plantation PUD 9 Hole Golf Course Addition December 17, 2013 SW8 980707 Sandpiper Bay Golf Plantation Phase I March 4, 2013 SW8 991118 Wyndfall I & II at Sandpiper Bay NIA -Does Not Expire SW8 000130 Sandpiper Bay Golf Plantation Phase 2 NIA -Does Not Expire SW8 010812 Sandpiper Bay Golf Plantation Phase 3 NIA -Does Not Ex ire SW8 020914 Sandpiper Bay Golf Plantation Phase 4 N/A - Does Not Expire SW8 030828 Sandpiper Bay Golf Plantation Phase 5 N/A - Does Not Ex ire SW8 041008 Sandpiper Bay Golf Plantation Phase 6 N/A - Does Not Expire SW8 981024 Sandpiper Bay Sunset Village West N/A - Does Not Expire SW8 020501 Sunset Village West, Phase 2 of Sandpiper Bay NIA - Does Not Ex ire SW8 021125 Sunset Village West, Phase 3 @ Sandpiper Bay Golf Club N/A - Does Not Expire SW8 030705 Sunset Village West, Phase 4 @ Sandpiper Bay Golf Club NIA - Does Not Ex ire SW8 040121 Sunset Village West, Phase 5C Sandpiper Bay Golf Club N/A - Does Not Expire Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. Permit Expiration Date Extension: On August 5, 2009, the Governor signed Session Law 2009406. This law impacts any development approval issued by the 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 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 a total of four (4) years extension. Two of the permits in Sandpiper Bay are affected by this change, SW8 990136 and SW8 980707. The other permits are permitted to drain to one of these two permits for stormwater treatment, and therefore the other permits do not expire. Please see the new expiration dates in the table above. Please keep in mind that permits must be renewed at least 180 days prior to expiration. Renewal forms are available at, http://Portal.ncdenr.ore/web/we/ws/su/statesw/forms does. Please attach this cover letter and attached new page 2 of the permit to your High Density Permit most recently revised on December 17, 1999 (SW8 990136) and January 30, 2003 (SW8 980707). If you have any questions concerning this matter, please do not hesitate to call Kelly Johnson or me at (910) 796- 7215. Since ly, Georgette Scott Supervisor, Stormwater Permitting Unit Page 2 of 3 GDSlkpj: S:IWQSIStormWateWermits & Projects119991000130 HD12012 02 permit_pr 000130 S:IWQSIStormWaterlPermits & Projects119991010812 HD12012 02 permit_pr 010812 S:IWQSISIormWaterlPermits & Projects119991020914 HD12012 02 permit_pr 020914 S:IWQSIStormWaterlPermits & Projects119991030828 HDQ012 02 permit_pr 030828 S:IWQSIStormWalerlPermits & Projects119991041008 HD12012 02 permit_pr 041008 S:IWQSIStormWaterlPermits & Projects119991981024 HD12012 02 permit_pr 981024 S:IWC&StormWaterTermils & Projecls119991020501 HD12012 02 permit_pr 020501 S:IWQSISIormWaterTermits & Projects119991021125 HD12012 02 permit_pr 021125 S:IWQSIStormWateWermits & Projects11999\030705 HD12012 02 permit_pr 030705 S:IWQSIStormWaterTermils & Projecls119991040121 HDQ012 02 permil_pr 040121 S:1 WQSIStormWaterTermits & Projects119991990136 HD12012 02 permit_pr 990136 S:1 WQSIStormWalerlPermits & Projects119991980707 HD12012 02 permit_pr 980707 S:1 WQS1StormWate6Permits & Projects119991991118 HD12012 02 permit_pr 991118 enc: SW8 980707 most recently revised on January 30, 2003 cc: Jay R. Houston, PE, Houston and Associates, PA Inspector, Brunswick County Building Inspections WiRO & Central Files: SW8 000130 WiRO & Central Files: SW8 010812 WiRO & Central Files: SW8 020914 WiRO & Central Files: SW8 030828 WiRO & Central Files: SW8 041008 WiRO & Central Files: SW8 981024 WiRO & Central Files: SW8 020501 WiRO & Central Files: SW8 021125 WiRO & Central Files: SW8 030705 WiRO & Central Files: SW8 040121 WiRO & Central Files: SW8 990136 WiRO & Central Files: SW8 980707 WiRO & Central Files: SW8 991118 Page 3 of 3 January 30, 2003 `Mr. Roger E. Grigg, President Sandpiper Bay Land Company, Inc. 800 Sandpiper Bay Club Drive Sunset Beach, NC 28468 Subject: Stormwater Permit No. SW8 980707 Mod. Sandpiper Bay Golf Plantation Brunswick County Dear Mr. Grigg The Wilmington Regional Office received final information regarding the modification to the Stormwater Management Permit Application for Sandpiper Bay Golf Plantation on February 22, 1999. Staff review of the plans and specifications had determined that the project, as proposed, would comply with the Stormwater Regulations set forth in'ritle 15A NCAC 21-1.1000. The original permit was written in a manner which did not include the future development that would drain to the proposed non -discharging lake system. We are forwarding Permit No. SW8 980707 Modified, dated January 30, 2003, for the construction of the project, Sandpiper Bay Golf Plantation. This permit shall be effective from the date of issuance until March 4, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system 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 upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-72147. 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 Linda Lewis, or me at (910) 395-3900. Sincerely, C')Rv6vN p& %vE-q (.6-7?E9- Av OAu f:4 Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\PERMI'n980707.JAN03 cc: John Poston, P.F., Robert L. Bellamy & Associates Delaney Aycock, Brunswick County Inspections Linda Lewis Wilmington Regional Office Central Files State Stormwater Management Systems Permit No. SW8 980707 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 band Company, Inc. Sandpiper Bay GofPlantation Brunswick County FOR TFTE construction, operation and maintenance of an alternative system- a non -discharging detention pond, in compliance with the provisions of 15A NCAC 2I1 .1000 (hereafter referred to as 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 Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 4, 2009, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS I . This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. Each single family subdivision is permitted for a maximum allowable built -upon area of 4,000 square feet. 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 the existing 24.15 acre series of lakes on the site. The O 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 that the pre -development discharge rate for the 1 year 24 hour storm. PA State Stormwater Management Systems Permit No. SW8 980707 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff. - Classification of Water Body: Drainage Area: Sandpiper Bay Golf Plantation 980707 Brunswick County Mr. Roger E. Grigg, President Sandpiper Bay Land Company, Inc: 800 Sandpiper Bay Club Drive Sunset Beach, NC 28468 July 9, 1998 Little Caw Caw Swamp "C Sw" 214.61 acres 'total Impervious Surfaces, ftz: 71 Sunset Village West Phase I lots at 4,000 ftz: Phase I Roads/Parking ftz: Other, ftz: Existing clubhouse and cartpaths, ftz: 13otel Site @92%: Future: Offsite Area entering Pond, ftz: Permanent Pool Elevation, FMSL: Provided Surface Area, ftz: Required Storage Volume, ft': Provided Storage Volume, fN: Temporary Storage Elevation, FMSL: Controlling Orifice: 9,348,411 ftz 284,000 115,000 436 176,870 120,225 8,651,880 none, per Engineer 53.2 24.15 acres 2,745,706 2,748,125 55.7 rda-Ponds do not discharge in response to design storm ftl State Stornwater Management Systems Permit No. SW8 980707 It. SCHEDULE OF COMPLIANCE l . All future development within any phase of the project must receive a separate offsite stonmwater 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. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 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. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. Further subdivision of the project area. F. 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 pennittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in it's 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. Decorative spray fountains will not be allowed in the pond. State Stomrwater Management Systems Permit No. SW8 980707 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, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the form: a. "The maximum built -upon area per lot is 4,000 square feet, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "All nmoff on the lot must drain 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 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 permittee shall at all times keep the collection system within the project clear, and must 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 mouths). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. C. Maintenance of side slopes at a minimum of 3:1 in accordance with approved plans and specifications. f. Debris removal and unclogging of drainage structures. g. Access to the overflow structure and valve must be available at all times. 15. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 17. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in compliance with all pennit conditions. Records of maintenance activities will be required. State Stormwater Management Systems Permit No. SW8 980707 18. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. III. GENERAL CONDITIONS This pennit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Pennittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with D WQ. The approval of this request will be considered on its merits and may or may not be approved. The pernittee is responsible for compliance with the permit conditions until such time as the Division approves the transfer. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Pcrmittee to enforcement action by the Division of Water Quality, 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) which have jurisdiction. 4. 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. 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. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stonnwater facilities during normal business hours. Permit issued this the 30th day of January, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E:, Director " Division of Water Quality 1 By Authority of the Environmental Management Commission Permit Number SW8 980707 0 04iper 1 "N UL Satului per 13ay Pro�wrly Owners Association June 15, 2012 Mr. David W. Cox Wilmington Regional Office NCDENR/division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Cox: The Sandpiper Bay Property Owners Association is requesting the transfer of Permit# SWB98707 MOD for Project Sandpiper Bay Golf Plantation Phase I From the Sandpiper Bay Land Company, Inc. to Sandpiper Bay Property Owners Association, Inc. After numerous requests both from your office and the POA, Mr. Grigg of the Sandpiper Bay Land Company has not responded. Therefore, we are requesting the following changes to the permit: 1-� A name and ownership change and the impervious area from 4000 sq. ft. to 6500 sq. ft. Our previous four permits which were transferred to the POA from Centex indicated 100% impervious area. I have attached to our application of transfer a copy of the N.C. Special Warranty Deed and the official dismissal of the lawsuit between the POA and Centex. If there are any other documents you may require, please contact me by email, telephone (910-575-0124) or cell phone (910-508-5699). Regards, X Michael Spinelli, President Sandpiper Bay POA ECEOVE JUN 19 2012 By: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: S W � 9 eo'7,9 7 rN o � 2. Project Name: SSA nl�) 01 PE>- 66GOLF eLA AfTAT140 a PPAS 9 3. Current Permit Holder's Company Name/Organization:S4A1,�,PiPE2 6ii LAKa) CoM&LJX1.Nc-. 4. Signing Official's Name:/ )CF-P- 1�. GR/GG Title: �EArr 5. Mailing Address: 35-1) 1 IJo K7H ki AJ Q Y14 y . City: M`I 4TC:E Ar-H State: Zip: 2 9s77 6. Phone: LU3 ) 42 - '767L Fax: ( ) Gtrjupw&) It. PROPOSED PERMITTEE / OWNER / PROJECT This request is for: (please check all that apply) 101ECEOVE / ADDRESS INFORM 1ORIN 19 2012 [Name change of the owner (Please complete Items 1, 2 and 3 below) CT: 0 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) ff Mailing address / phone number change. (Please complete Item 4 below) OOther (please explain): PERm r f Ke>^'PCf- 1-.4cK DF TnfTi PFSl Ipj 7g r/5�>vRRIA4 f,� /7S 1. Proposed permittee's company name/organization:SgttbPtrEP- 641 PWoeE4- oWAE,Q5 AssN.LdC_ 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: PRES I DE,o T 4. Mailing Address: (3gLIPOR- bX J(,� City: SUNSET Ae, State: Ale- zip: .9?4/4F Phone: L110 i S7J - o ► a q Fax: ( 5. New Project Name to be placed on permit: 1'�,eofje7 T OwnIFRS &5tL IAfc. P�le,pse check the appropriate box. The proposed permittee listed above is: L-THOA 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) Page 1 of 4 V. i i _ III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all 4of 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/heNits name, the project name, or mailing address, but will retain the permit. I, , 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. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, the current permittee, am submitting this application for a transfer of ownership for permit # S f 980707 Mob. 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: I, , a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, etQFeWE Notary Signature rUN 19 2012 BY: Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, lCHAEL SPWILL27 cN gc'YALF sP6 PD A 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 this permit) [Q'the most recent permit u❑)he designer's certification for each BMP ✓❑ any recorded deed restrictions, covenants, or easements v"the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement Bpast 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 included, this application package will be returned as incomplete. Signature: ft4an, Date: 6 - /> /oZ I, 5h e-yrII e_ " E- �P�l2�S ' ` , a Notary Public for the State of n cm,L L�x,v felt ✓) Z County of �Y �l 115�� - do hereby certify that I (`,h(W S b 1 ✓�eA � personally appeared before me this the day of u ny 20 1 D- , and acknowledge the due execution of the forgoing instrument. Witness m hand and official seal, �.%�^ 'a 9 9 Y (Notary Seal)::. Not y Signature az�� seo3; ,ram �D 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. EC EQVE JUN 19 2012 BY. -- Page 3 of 4 VI. • 'PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II 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: Phone: State: (if different from street address) State: Fax: 03 Zip: Email: 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 11 Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) JUN 19 1111 Page 4 of 4 1 .l. _ � � _ .:..L � � a f���Y'� �Zf� �. 1 e1�i91 �i11�11�11191s11011@Illll�l�ll Brend M. Cl mmons-53'PR0P Brunswick County, NC Register of Deeds page 1 of 5 Thus certifies that there are no aaalnquen:„ valorem taxes, fees, assessments or other liens which tho Brunswick County Tax Collector is charged with colWj thsI are r:. lien on: Parcel Number 7J� / a, ,2 .? ;kTAgy,:) as notated by the Brunswick County as ?IT )q Assessor's Office. This is riot a certification that the parcel number matches the deed description. Date ( t) Tax Co / Del. Tax Spec. NORTH CAROLINA SPECIAL WARRANTY DEED rxcise'rax: tclJ 1�(tti'I'I 1I;�i. W1 R)Og1 . '-- i-36040 -)-l3' 3bLj1 Parcel Identifier No. Verified by County on the day Mail/Box to: McNair Law Firm, P.A., 2411 Oak Street, Ste. 206, Myrtle Beach, SC 29577 This instrument was prepared by: Allison A. Murphy, Esq. Brief description for the Index: Common Areas and Private Rights of Way within Sandpiper Bay THIS DEED made this j ' t day of Mauch 2012, by and between GRANTOR CENTEX HOMES, a Nevada general partnership 4000 Faber Place Drive, Suite 110 North Charleston, SC 29405 SANDPIPER BAY PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina Non -Profit Corporation c/o Benchmark Management Group, Inc. P.O. Box 280 N. Myrtle Beach, S.C. 29597 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. wri-NESSE7111, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargai n, sell and convey unto the Grantee in fee simple, all that certain pot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: See attached Exhibit "A", which is attached herein and incorporated herein by reference All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. TO RAVE AND TO I10LD the aforesaid pot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. E(C4E0VF JUN 19 2012 BY: ,., f V.� 1 *111. IIBI811�1119�IIIII�IIII�lI91IlIIIISII Brenda P05lem o�=53'PROP Brunswick County, NC Register of Deeds page 3 of 5 EXHIBIT A PARCEL 1 (ROW): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as the road rights of way containing 7.155 acres, more or less, identified as "Sandpiper Bay (hive, 60' RIW", "Dunbar Dr., 60 R/W", and "Prestwick Ct., 60' R/W " (formerly identified on that certain plat recorded in Map Cabinet 22 at page 445 of the Brunswick County Register of Deeds as "Turnberry Dr.," and which includes the cul-de-sac known as "'froon Coun"), on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD, Lots 71 — 160 Phase 2" prepared by Les H. Bodkin, III, dated March 2, 2000 and recorded August 25, 2000 in Map Cabinet 23 at page 200-201 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. 'rOGET1IHR WITII a perpetual non-exclusive easement of ingress, egress and regress on, over, across and under that right-of-way shown as Sandpiper Bay Drive running from SR 1163 (Old Georgetown Road) to the above described road right of way, said roadway being more fully shown on a map entitled "Boundary Survey for Sandpiper Bay Land Company, Inc. of Phase I of Sandpiper Bay Golf Plantation PUD" dated May 28, 1998, last revised September 1, 1998 prepared by Norris & Ward Land Surveyors, P.A. recorded September 10, 1999 in the Office of the Register of Deeds for Brunswick County in Map Book 20 at Page 228, and a map entitled "Boundary Map for Sandpiper Bay Land Company, Inc. of Phase 2-A of Sandpiper Bay Golf Plantation PUD" dated July 14, 1999, revised August 11, 1999 in the Office of the Register of Deeds for Brunswick County in Map Book 21 at Page 403, which plats are made a part of this description by reference. This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated April 20, 2000 and recorded April 20, 2000 in Deed Book 1372 at page 449 in the Brunswick County Register of Deeds. PARCEL 2 (ROW): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as the road rights of way containing 6.007 acres, more or less, identified as "Sandpiper Bay Drive, 60' RIW ", "Dunbar Drive, 60 R/W ", and "Balmore Drive 60' R/W ", on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD, Lots 161 — 237 Phase IIP' prepared by Les 11. Bodkin, III, dated December 14, 2001 and recorded May 24, 2002 in Map Cabinet 26 at page 222-223, and re -recorded June 10, 2002 in Map Cabinet 26 at 255-256 in die Brunswick County Register of Deeds, which is incorporated herein by reference and made a pan and parcel hereof. 'rhis being a portion of the same property conveyed to Centex Itomes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated April 12, 2002 and recorded April 12, 2002 in Deed Book 1574 at page 997 in the Brunswick County Register of Deeds. PARCEL 3 (ROW): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as the road rights of way containing 1.903 acres, more or less, identified as a portion of "Sandpiper Bay Drive, 60' R/W ", and "Dunbar Drive, 60 R/W ", and a portion of "Balmore Drive 60' RIW" on it plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase IV" prepared by Les 11. Bodkin, III, dated April 22, 2003 and recorded June 3, 2003 in Map Cabinet 28 at page 52 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated April 14, 2003 and recorded April 14, 2003 in Deed Book 1731 at page 409 in the Brunswick County Register of Dads. 03-23-2012 �1BrunsIII�II�IIIBIIIIOlNC1Register of Bleb Deeds a 4f5 Clemons PROP S PARCEL 4 (ROW): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as the road rights of way containing 1.418 acres, more or less, identified as a portion of "Balmore Drive 60' R/W " (which includes the cul-de-sac shown on the referenced plat) on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase IV" prepared by Les 11. Bodkin, Ill, dated April 22, 2003 and recorded June 3, 2003 in Map Cabinet 28 at page 53 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and panel hereof. This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated April 14, 2003 and recorded April 14, 2003 in Deed Book 1731 at page 409 in the Brunswick County Register of Deeds. PARCEL 5 (ROW): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as identified as the road rights of way containing 2.947 acres, more or less, identified as "Sandpiper Bay Drive, 60' R/W" and the 50' right of way bounded by Sandpiper Bay Drive, Lots 309 - 312, a parcel formerly owned by Georgetown Treatment Plant, LLC, and by Lots 313 - 316, all as depicted and identified on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase V-A" prepared by Les II. Bodkin, 111, dated February 4, 2004 and recorded March 5, 2004 in Map Cabinet 29 at page 456 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. This being a portion of the same property conveyed to Centex I lorries, a Nevada general partnership by deed from Sandpiper Bay Land Compimy, Inc., a North Carolina Corporation dated January 12, 2004 and recorded January 12, 2(M in Deed hook 1883 at page 33 in the Brunswick County Register of Deeds. PARCEL 6 (ROW): ALI, AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolinn which is shown and identified as the road rights of way containing 2.801 acres, more or less, identified as a portion of "Balmore Drive, 60' R/W" (which includes both the cul-de-sacs, as shown on the referenced plat), on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase V-B" prepared by Les It. Bodkin, 111, dated February 10, 2004 and recorded March 5, 2004 in Map Cabinet 29 at page 457 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. TOGETI IER WITH a perpetual, non-exclusive easement, in common with others entitled thereto, on, over, across and under that certain parcel shown as "Parcel J/60' Proposed Access, Sanitary Sewer and Utility Easement/0.071 AC." on the plat entitled "Boundary Survey of Sandpiper Bay Golf Plantation PUD for Phase V-B for Sandpiper Bay Land Company, Inc., a North Carolina Corporation" dated October 15, 2003, last revised December 18, 2003, prepared by Les H. Bodkin, 111, recorded January 12, 2004 in the Office of the Register of Deeds for Brunswick County Register of Deeds, said easement being for ingress, egress and regress to and from Parcel "L" (shown as Sanitary Sewer & Utility Easement/0.455 AC.+/-") on Map Book 29 at Page 457 to Parcel "M" and for the construction, installation, operation, maintenance, repair, paving and upgrading of roadways, drainage ways, and utilities. This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay land Company, Inc., a North Carolina Corporation dated January 12, 2004 and recorded January 12, 9Md to Dcod Uo k 1992 of tango 2J lu tho Brune Wiok County Rog.etor or Doode. PARCEL 7 (Common Area): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as "Common Area I" containing 0.161 acres, more or less, on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase V-B" prepared for Sandpiper Bay Land Company, Inc. by II�IIIIDIII�II�III�IIIIBil91111111�11 Brend M. Cl m uns531PROP Brunswick County, NC Register of Deeds page 5 of 5 Les 11. Bodkin, III, dated February 10. 2004 and recorded March 4, 2004 in Map Cabinet 29 at page 457 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. "CMS# 227J13041 This being a portion of the same properly conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated January 12, 2004 and recorded January 12, 2004 in Deed Book 1883 at page 33 in the Brunswick County Register of Deeds. PARCEL 8 (Common Area): ALI, AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as "Common Area 2" containing 0.171 acres, more or less, on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase V-B" prepared for Sandpiper Bay Land Company, Inc. by Les H. Bodkin, III, dated February 10, 2004 and recorded March 4, 2004 in Map Cabinet 29 at page 457 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. "CMS# 227JB042 This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated January 12, 2004 and recorded January 12, 2004 in Deed Book 1883 at page 33 in the Brunswick County Register of Deeds. PARCEL 9 (Common Area): ALL AND SINGULAR, those certain pieces, parcels or tracts of land lying and being situate in Brunswick County, North Carolina which is shown and identified as "Common Area 3" containing 0.882 acres, more or less, on a plat entitled "Map of Sandpiper Bay Golf Plantation PUD Phase V -B" prepared for Sandpiper Bay Land Company, Inc. by Les H. Bodkin, III, dated February 10, 2004 and recorded March 4, 2004 in Map Cabinet 29 at page 457 in the Brunswick County Register of Deeds, which is incorporated herein by reference and made a part and parcel hereof. TMS# 227JB043 This being a portion of the same property conveyed to Centex Homes, a Nevada general partnership by deed from Sandpiper Bay Land Company, Inc., a North Carolina Corporation dated January 12, 2004 and recorded January 12, 2004 in Deed Book 1883 at page 33 in the Brunswick County Register of Deeds. NC Bar Association Form No. 6 0 II1R010 Printed by Agreement with the NC Bar Association �191G1I�O11�1�1119�191191�011111�I�1e Rang ° s PROP Brunswick County, NC Register of Deeds page 2 of B And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: All restrictions and easements of record, provided that, notwithstanding the generalityof the foregoing exception, Grantor warrants and covenants with Grantee: (i) that Grantor has neither placed nor caused to be placed any monetary lien, including without limitation any mortgage or deed of inrst lien, upon the property described herein which has not been satisfied and cancelled, (ii) that, to the best of Grantor's knowledge, such property is not subject to any judgment liens, (iii) that ad valorem taxes on the property have been paid through 2011, and (iv) that Grantor has neither placed nor allowed to be placed any restriction or easement of record encumbering the property described herein after March 9. 2009. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. CENTEX HOMES, a Nevada general partnership 0y: Centex Real Estate/Corporation, its Managing General Partner By: i.. Chad Plunkett, Vice President of Finance, Coastal Carolinas Division State of South Carolina County of Charleston I, the undersigned NotaryPublic of the County and State aforesaid, certify that Chad Plunkett, Vice President of Finance, Coastal Carolinas Division for Centex Real Estate Corporation, the Managing General Partner of Centex Homes, a Nevada general partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of March, 2012. f 1A IFY V. � r_ -MyCommission Exptres: � tici• jai ._;rC�iiC�f\E''�V't �t�1�?i`:i•�°_�'p') Notary Public Notary's Printed or Typed Name (Affix Seal) a STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE LU,. 'r.� ^3 i� u.!�. L F' 9: �SSUPERIOR COURT DIVISION COUNTY OF BRUNSWICK 09 CVS 632 SANDPIPER BAY PROPERTY OWNERS ) ASSOCIATION, INC., fl'_ ) ) Plaintiff, ) V. ) CENTEX HOMES, a Nevada General ) Partnership, d/b/a CENTEX, ) STIPULATION OF DISMISSAL WITH PREJUDICE (VD) Defendant/Third Party ) Plaintiff, ) L.M. MCLAMB AND SON ) ) CONSTRUCTION COMPANY, INC., 904 ) GEORGETOWN TREATMENT PLANT, ) LLC, NORTH STAR CAROLINA ) CORPORATION d/b/a SANDPIPER BAY ) GOLF AND COUNTRY CLUB and ) THOMAS S HUTTON, INC. d/b/a ) THOMAS & HUTTON ENGINEERING, INC., ) Third Party Defendants. NOW COME the Plaintiff Sandpiper Bay Property Owners Association, Inc. and the Defendant and Third Party Plaintiff Centex Homes, a Nevada General Partnership, d/b/a Centex (herein collectively referred to as "Parties" or individually as "Party"), through counsel and hereby stipulate that the Parties have settled all issues remaining in this case, and therefore pursuant to Rule 41 of the North Carolina Rules of Civil Procedure, hereby voluntarily dismiss _with prejudice any and all E(CEOVE Page 1 of 3 JUN 19 2012 claims and third party claims asserted by the Parties in this matter. Each Party shall bear responsibility for its own costs, expenses and attorneys' fees. This the day of &" , 2012. WARD AND SMITH, PA C� Eric Remingt N.C. State Bar o.: 26297 Attorney for Plaintiff Post Office Box 867 New Bern, NC 28563-0867 (252) 672-5460 phone (252) 672-5477 fax ejr.@wardandsmith.com This the day of 2012. 2012. THE LAW OFFICE OF JOHN T. BENJAMIN, JR., P.A. 17 illiam EM Hubbard N.C. State Bar No.: 23605 Attorney for Centex Homes 1115 Hillsborough Street Raleigh, NC 27603 (919) 755-0060 phone (919) 755-0069 fax hubbard@lawjtb.com Page 2 of 3 CERTIFICATE OF SERVICE I, Eric J. Remington, of Ward & Smith, PA, attorney for the Plaintiff, do hereby certify that I have this day served a copy of the forgoing Stipulation of Dismissal upon the other parties in this action by depositing the same into the care and custody Of the United States Mail, postage prepaid, addressed as follows: John D. Martin Melody J. Canady Cranfill, Sumner & Hartzog,LLP 1209 Culbreth Drive,Suite 200 Wilmington, NC 28405 Attorney for Third -Party Defendant,904Georgetown Treatment Plan, LLC Richard J. Hollar The Anderson Law Firm, PLLC P.O. Box 2245 Shallotte, NC 28459 Attorneys for Third -Party Defendant L.M. McLamb and Son Construction Company, Inc. Robert C. Calamari McAngus, Goudelock & Gourie PO Box 1349 Myrtle Beach, SC 29578 Attorney for Third -Party Defendant North Star Carolina Corporation Eric J. Remington Ward & Smith, PA Post Office Box 867 New Bern, NC 28563-0867 Attorney for Sandpiper Bay Property Owners Association, Carrie Barbee John Nunnally Ragsdale Liggett, PLLC P.O. Box 31507 Raleigh, NC 27622-1507 Attorneys for Third -Party Defendant Thomas & Hutton Engineering William E. Hubbard The Law Office of John Benjamin, Jr. P.A. 1115 Hillsborough Street Raleigh, NC 27603 Attorney for Centex Homes This the %. day of 2012 Ward & Smith, PA Eric J. Vemingon Page 3 of 3 Inc. T. _ ,Scv�,Jf' 6 L Ca, SLyo�- q �Dl3G v�b✓/-cis '�L��y ��-- q Nvhf A, 'fi► ^ -w 9901340, 6d0/30 0 .2 OSO / S 0 . Swn .,t ai !le = L hJ� Ph 4 tL of ( �uas S 3, ,x girl �� G✓uf i�h� u 3 0303'OS 111C IUIIUWIIIY W171C I1C111J IIUI ❑UU1UbbUU III SUUIIIIlld1 UI c)turimy ramni ovvo UOU 14y 1vIVU dated February 13, 2009. As a reminder, please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms and make changes as needed. 1. Area for Future Development Area #'s 3-9: It is unclear what is being considered "Area for Future Development Area #'s 3-9" as referenced on the Revised February 5, 2609 permit application form supplement. 2. Lot numbers and phases: Please delineate all phases and respective lot numbers on the plans. We are uncertain which lots are in each phase, and we are also uncertain which lots are being modified from the original permit conditions. Please submit plans that delineate the lot numbers and their respective phases. When you resubmit, please also:indicate which of the 481 lots are covered in the original permit. 3. Table of impervious areas: Please provide a table of the square footages for each lot in eacti phase. The table should include the BUA for buildings, onsite streets, onsite parking, onsite sidewalks, and other onsite (including future development). In your most areas were BUA. Please clearly separate project and BUA areas. I have created an example table that could be used to convey this information. and I will email it to you. 4. Sewer Plant: Delineate the sewer plant and its respective phase number on the plan. Please also indicate the amount of BUA allocated to the sewer plant and the total area that the sewer plant will occupy in the table of impervious areas. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1 877-623-6748 Nor-th Carolina Internet: w .ncwaterquality.org Naturally An Equal Opportunity 1 ARonative Action Employer / �.wisd 5 b f O1Y a $ b.o j•n wAq o/y 4".71,v livid/O boot/bn SWIV ON - vm- •_�»7J 3�/-fin 1.�17�+v+f �l �✓a� fNJ�onl�7{O )Jo s N--14- w"l o P ' }F n", /hL/5o wojs�c »j3-� S �i�na _ ss1. h5ca 6s/ 19 '� z O/z I1 v <st 7� xehr�aQ lit �3�a - P ba •'OAS �d Ypr^ssl 901171so eC,,,Iz1�Sas= ��f-e��4na�,)p�sw P W 'C✓ bblhlb •.+w 'Vow C10',�J3'E $b/nt/ll 01 "2J' p�nsSl { �ti"�611 d,-n-a667�or7ov - w 6,rap a 6,µ 5114t'I "') QN 8b/oz/(;) r�rtitZA-W?En..�40 96�6/i Ssd c'�t4d� 26�ia�5 Permit No# WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT Maintenance activities shall be performed as follows: I . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. 2�8 LEI s � G/02/Z - 6#si- e lv 99oiS6, eX OleveL r me nvfh of zsel Z�- hr. pflcl5. 4 cxx� F42 (Counfe �f) a,o,) 1 `I }Z/�s /JYOvIGeed) T 2f�Plic2�i�� wzs oil/ iG^ r7I Ivf SIJ'I151L✓ hr, Fu(trre Cleve%I�m�t /Urh ei bL4� C., Ol�h C2ICS V�Vi n6i UG�°cl G l' vv /0- r y ve3 ec� 21, 83 2C oho �� OC e 2xG/Vele f �rUry erm�'T . 15C CDoISO 4- �tS1v2� — ( ( C ados c1q ///F— ppnc 5 O�eSiyne// Go � :,4 'S Ojq�� le 6 SbrbC�,vi s I'o', C/D iu fu-e deN Condo Com�le�-$ d-77zser lA ri/l,4 Wee-p P�fof 9YO7O7 �^e2 bw� Phosd 13 is arf o� - tie S8 2cre �;-e2 +h2} drams b GC�CrSe %Owl R02d.w hZ / N ew Poems C,,rm ,kEec� w:A bA, fr,e,mave� zP�/�l 199q , No /JZrmi'J- i,sSvec(. 6j�csiie /b of d'U'707 neer-4 q80)0-4 fU bta / de,.e /o pme'f r_A�? fe rl� lof 5(p • Ctrr¢��' Z ha/a,ce o � 6U� . need Tb wrife ogsife p2rm; f Fcl- q 3'()Z4 heed loc2hu� of prr�Oosed co�eo si fe. gc(iiB (S,IRJ C-dws ,vp Crossmon Cor�m�ni his �t81�2 Iz2tpA 7-eal VP Ct'OSSYI')2n Cvmmunifer CX�I — p2's recefve/0-Zq- ZOOl g70707 - boy Gn y y 0103 l 2 1gol k,, P �� S Cep I�Vz 17bme s gg6)13& Geie NcPh S/- avelo finelt a h �n2h'5 zh�'"Shh'�� kQ+ ry PVT o< ow/)O— O r- 2// pm S lobs s�l� fv Ce��e� Sandpiper Bay permitted offsite facilities to 980707 Built -upon area summary 980707 Permitted Future BUA = Permit Number SW8 981024 SW8 991118 SW8 020501 SW8 021125 SW8 030705 SW8 040121 IM Proposed BUA 235224 566716 66647 98445 94962 142877 8651880 square feet Balance 8416656 7849940 7783293 7684848 7589886 7447009 per Bay dblf.A Imaamy Date: Jul I k I LTXXA NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor April 18, 2011 Division of Water Quality Coleen H. Sullins Director Mr. Roger E. Grigg, President Sandpiper Bay Land Company, Inc. 800 Sandpiper Bay Club Drive Sunset Beach, NC 28468 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Permit #SW8 980707 High Density — Sandpiper Bay Golf Course Brunswick County Dear Mr. Grigg: Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the 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 is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010- 177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 980707, which originally was set to expire on March 4, 2009, is now in effect until March 4, 2013. Please resubmit the renewal application and fee at least 180 days prior to March 4, 2013, which would be September 4, 2012. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/Wq/ws/su/statesw/forms—docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality S:\WQS\Stormwater\Permits & Projects\1998\980707 HD\2011 04 permit —extension 980707 cc: Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350.20041 Customer service: 1-877-623-6748 Internet: w .ncwaterquality.org NorthiCarclina An Equal Opportunity 1 AfOnnativa Action Employer NCDR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins r Dee Freeman Governor Director YrlJ Secretary September 30, 2009 dv .� Mr. Roger E. Grigg . L-eonard-Grigg-&-Assec-iates-L-L-G 3501-North-Kings HWy PO-Box-1371— Myrtle-Beach-SC 29577 Subject: Session Law 2009-406 Stormwater Permit #SW8 980707 MOD Dear Mr. Grigg: On August 5, 2009 the Governor signed Session Law 2009-406. This law impacts any development approval issued by the 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 is set to expire during this time frame, to December 31, 2010. Therefore we are retracting the Notice of Violation (NOV-2009-PC-0693) for failure to renew your stormwater permit. Accordingly, Stormwater Permit # SW8 980707 Mod, which expired on March 4, 2009, is now in effect until December 31, 2010. The Division is returning the Renewal fee that we received on September 4, 2009. Please resubmit the enclosed renewal application and fee at least 180 days prior to December 31, 2010, which would be June 30, 2010. We have attached a copy for your convenience, but it is also available at http://h2o.enr.state.nc.us/su/StateSW RenewalApplicationSW U-102.Doc.Doc. Based on your September 4, 2009 memorandum to this office, it appears that a transfer of ownership of this permit is necessary. Please find the enclosed Transfer of Ownership form, or at http://h2o.enr.state.nc.us/su/documents/SWPermitOwnershiP-NameChangeFormO8O8O8.pdf. Also note that prior to acceptance of a transfer of ownership of this permit, an inspection will be conducted. The inspection will determine compliance with all permit conditions. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality S:\WQS\STORMWATER\RENEWAL\SL2009-406\980707mod.sepO9 Enc: Renewal Application, Transfer of Ownership Form Cc: WiRO; Central Files; Angela Hammers Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877.623.6748 Internet: vivnv.ncivaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthiCarolina Naturaill NCt3ENR North Carolina Department of Environment and Beverly Eaves Perdue Governor January 20, 2010 Division of Water Quality Colleen H. Sullins Director Mr. Roger E. Grigg `Leon and-G rigg-Associates-L-L-C- 01-North-Wings-Hwy- (-o''" -Box 1371 5i 6 Dear Mr. G Session Law 2009-406 - Permit Extension Stormwater Permit #SW8 980707 Mod High Density - Sandpiper Bay Golf Plant Brunswick County / On August 5, 200 the Governor signed Se; development appro I issued by the Division Chapter 143 of the G eral Statutes, which i January 1, 2008, and D cember 31, 20101 stormwater permit that is et to expire dur' g expiration date. Accordingly, Stormwater Permit# March 4, 2009, is now in effect application and fee at least 180 dff- 4, 2011. A copy of the Renewal / Natural Resources Dee Freeman Secretary JI �. sio Law 2009-406. This law impacts any o Mater Quality under Article 21 of current and valid at any point between Ile law extends the effective period of any this time frame to 3 years from its current 18 980707 Mod, which has already expired on larch 4, 2012. Please resubmit the renewal prior to March 4, 2012, which would be September cation can be obtained from the following website: This letter supersedes the I ter dated S b note that the Notice of Vio lion (NOV-200 stormwater permit ha/ben retracted per th ontheSeptember 4, 2memoforwarded ownership of this peray be necessary. downloaded at: mber 30, 2009 from this office. Please PC-0693) for failure to renew your above Session Law. Additionally, based to his office, it appears that a transfer of Th transfer of ownership form may be It must also booted that prior to acceptance of a tral an inspection III be conducted. The inspection will d conditions. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910.796-72151 FAX: 910-350-20041 Customer Service: 1-877.623.6748 Internet: www.ncivaterquality.org An Equal opportunity 1 Affirmative Acton Employer r of ownership of this permit, mine compliance with permit NorthCarolina Natura!!rf Mr. Roger Grigg Sandpiper Bay Golf Plantation Stormwater Permit No. SW8 980707 0616d ' As mentioned with Mr. Blanton, a stated representative of yourself, via telephone on January 14, 2010, this Office is appreciative of the cooperation of the Permittee in bringing this project into compliance. This office would encourage you to review the permit conditions and Operation & Maintenance agreement associated with this state stormwater permit to ensure compliance and subsequent transfer of ownership acceptance. If you have any questions, please contact the Division of Water Quality in the - Wilmington Regional Office at 910-796-7215. Sincerely, C &-� Georgette Scott Stormwater Supervisor Division of Water Quality S:\WQS\STORMWATER\RENEWAL\SL2009-406\980707mod.janlO Enc: Copy of State Stormwater Permit, SW8 980707; Copy of SW8 980707 Operation & Maintenance Agreement cc: Gene Blanton; Delaney Aycock, Brunswick County Inspections; WiRO; Central Files Page 2 of 3 • Lenard Grigg &Associates, LLC REAL ESTATE DEVELOPMENT MAIN OFFICE: 3501 North Kings Highway Post Office Box 1373 (29578-1373) Myrtle Beach, Be 29577 Office (843) 626-7676 Fax (843) 445-2649 Ice MEMORANDUM ROGER E. GRIGG President SFp o gy. 4 2009 Georgette Scott \ S S tormwater upervlsor Surface Waste Protection Section Wilmington Regional Office North Carolina Department of Environmental and Natural Resources (NCDENR) FROM: Roger E. Grigg RE: Stormwater Permit # SW8 980707 MOD Sandpiper Bay Golf Plantation Brunswick County DATE: September 3, 2009 6r9ti jtiFle .No+' as On August 14, 2009, 1 received the attached letter forwarded to me from Tim Tilma, General Manager of Sandpiper Golf and Country Club, and your letter of August 6, 2009 stating "a failure to renew Stormwater Management Permit #SW8-980707 MOD" and saying there could be a fine of up to $25,000 per day for failure to renew, etc. I am enclosing a check for the $505.00 processing fee and respectfully request a sixty (60) day extension to sort this out. My reasons are as follows: 1.) Sandpiper Bay Land Company, Inc. was formed in 1998 to purchase the Phase I of the PUD, 17.14 acres, Lots #1 thru 470 on Sandpiper Bay Drive and applied for the original Stormwater Permit # SW8-980707 in 1998. We developed the 70 lots and sold them to Centex Home and they developed the remaining Sandpiper Bay lots under permit #SW8-980707 MOD. 2.) My Sales Contract to Centex assigned all Developer rights and permits, etc. to Centex Homes and they actually recorded this assignment on April 12, 2002 in Deed Book 1574, page 986 and recorded this in a Protective Covenant on 08/02/02 in Brunswick County, Book 1613, page 1187. (See enclosed recorded Supplemental Declarations of Protective Covenants for Sandpiper Bay Subdivision — Exhibit A and memo from Heath Guyton.) Leonard Grigg 6z Associates REAL ESTATG DEVELOPMENT 3.) I visited your office in Wilmington on September 1, 2009 for an appointment to go through the Permit Pile for #SW8-980707 and found the following items. a.) November 20, 1998, a letter from Charles V. D'Errico, Senior Project Designer with ASI Engineers, Inc., applying for modifications for existing tract (which is Sunset Village with the Crossman Group) and the future nine (9) hole golf course which was developed by the golf course owner North Star Management Inc. and single family residential development which was constructed by Centex Homes. My company Sandpiper Bay Land Company, Inc. was not involved and had no knowledge of this letter or was it involved in any of these three (3) future projects. (Exhibit B) b.) April 1, 1999, a letter to John Richards, Hobbs Upchurch, wherein Ms. Lewis with NCDENR has decided to modify the original Permit #SW8- 980707 which was only for the original 70 lot subdivision but is now going to be the Stormwater Permit 4SW8-980707 MOD for the remainder of Sandpiper and include the built -upon area for all future development that will drain into the ponds. Again, I was not involved in this development. Even though I was copied on this letter, I did not receive a copy. The letter was mailed to the golf course clubhouse, a separate company and was not forwarded to me. (Exhibit C) c.) July 28, 2003 letter from Benjamin L. Smith of Robert L Bellamy and Associates, Inc., requesting additional revision to this permit for the Sunset Village Condominium Project by Crossman Homes (Beazer Homes). (Exhibit D) d.) March 9, 2005 letter from Jeffrey W. Campbell of Robert L. Bellamy and Associates, Inc. to Ms. Rhonda Hall of NCDENR on the revision to Permit SW8-980707 MOD, There is a response to Mr. Campbell from the Division of Water Quality addressing this issue. Basically, my research has revealed the following. The original permit was for 70 lots, subsequently, amended by other developers and engineers that I was not involved with to include the remainder of the Centex Homes Subdivision, new nine (9) holes and Crossman (Beazer Homes) Condominiums. I had assigned all my rights and permits to Centex Homes who subsequently assigned all their rights legally and recorded to the Centex Homes Subdivision. The renewal of the permit and also the ongoing maintenance of this should be obtained jointly by the following companies or entities. 1.) The Sandpiper Bay Subdivision Homeowners Association that was formed by Centex Homes. 2.) The Sunset Village West Condominium Project HOA. (By Crossman/Beazer Homes) 3.) North Star Management Corporation, which owns the eighteen (18) hole golf course and the new nine (9) holes of which Mr. Tim Tilma is the General Manager. I am forwarding copies of all correspondence to the respective parties at Centex Homes, Beazer Homes, Bellamy Engineering and North Star Management Corporation d/b/a Sandpiper Bay Golf and Country Club. Hopefully, Centex Homes, Beazer Homes or Sandpiper Bay Golf and Country Club will take responsibility for renewing this Stormwater Permit, as they are the one that it benefits and I have not been involved in this process since 1999. Thank you for your consideration in this matter. REG/cct cc: Tim Tilma, Sandpiper Bay Golf and County Club Angela Harriers, NCDENR Will Cutler, Centex Homes Kevin Glover, Crossman Homes (now Beazer Homes) Bill Bellamy, Robert L. Bellamy & Associates, Engineers Analysis of Existing Lake Levels Affecting Sunset Village West at Sand -piper Bay Brunswick County, North Carolina Submitted by: Robert L. Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 (843) 449-9453 John R. Poston, PE, NC Reg.9026695 Date: - j4L a SEP 0 S 2009 /=Ik �c Se @ LUS �, X �, Analysis of Existing Lake Levels Affecting Sunset Village West at Sandpiper Bay "? Brunswick County, North Carolina May 2, 2003 Exiting Lake Configurations affectinz Sunset Village West Sunset Village West at Sandpiper Bay is built around a man-made lake (Lake #1) on the interior of the project. This lake accepts runoff only from the Sunset Village West Project by way of surface runoff and pipe discharge from catch basins within the project. Lake 91 has a static 18" pipe connection to an exterior lake (Lake 42) that surrounds three sides of the property on the Sandpiper Bay golf course. Lake #2 accepts surface runoff from Sunset Village West and the Sandpiper Bay Golf Course. This lake also accepts pipe discharge from stormwater collection. systems within the single-family development along Sandpiper Bay Drive. It is believed that Lake 42 also has a static 18" pipe connection to another lake (Lake 93) that is located along fairways 1 and 2 of the Sand Course. Lake #3 also accepts discharge from the Sandpiper Bay Golf Course and residential development areas. Lakes #2 and #3 do not have a traditional outlet control structure in place for lake level control. However, there appears to exist a 12" PVC, valved pipe connection from Lake #2 to a downstream lake (Lake 44) near the tee -box for the 48 hole of the Piper Course. This manually controlled pipe appears to be the only outlet control for Lakes 91, 42 and #3. Lake 94 is controlled by a major outflow structure that discharges to an outfall ditch along the Williamson property. Exiting Conditions at Sunset Village .Vest Sunset Village West at Sandpiper Bay was designed and constructed based on a Master Plan for Sunset Village West. This master plan set the Lake #1 elevations as follows: Temporary Pool = 53.0 feet Permanent Pool = 51.5 feet Pond Bottom = 46.0 feet The buildings and infrastructure in -place are based on these lake elevations. The lowest stormwater collection grate in Sunset Village West is at elevation 53.75 feet (Phase 1) and the lowest building floor is at elevation 56.00.feet (Phase 2). Existing Lake Levels affecting Sunset Village West Base on the configuration of the lakes affecting Sunset Village West, it is apparent that the design water levels for Lake # 1 cannot be maintained in the current configuration. The level of Lake #1 is dependent upon the water level in Lake #2. It appears that the water level in Lake #2 can reach elevations as high as 55.7= feet based on storm events, irrigation pumping, and manual release of water through the 12" PVC pipe connection to Lake #4. This may place the infrastructure in Sunset Village at risk of flooding in the current configuration. y Page 1 of 2 Analysis of Existing Lake Levels Affecting Sunset Village West at Sandpiper Bay Brunswick County, North Carolina May 2, 2003 Proposed Solutions Based on the current conditions described, it is apparent that a solution is needed to lower the level of Lake 91 at Sunset Village West and lessen the possibility of flooding. Therefore, we proposed the following solutions. Option 41: Install a permanent, static pipe connection from Lake 112 to Lake #4. This pipe should be a minimum diameter of 36" and should have a minimum invert elevation of 46.5. This connection would drop the water levels in Lakes 1, 2 and 3 to the same elevation as Lake Y4 and allow all of these lakes to be controlled by the permanent outlet structure within Lake 44. The outlet structure in Lake 94 is designed to allow for a high water elevation of 51.50 and a low water elevation of 49.50. Option 42: Install a permanent outlet structure in Lake n3 discharging to.Lake h4. This outlet stricture could be designed to allow for a maximum water elevation of 51.5 in Lakes 1,2 and 3 while allowing Lake 44 to remain at a lower level. The outlet structure would discharge through a 36" pipe connection to Lake iF4 Option 1"3: Terminate the 18" pipe connection between Lake N 1 and Lake �2 and install a permanent outlet structure in Lake fl discharging to the property line ditch along the Williamson property. This outlet structure could be designed to allow for a maximum water elevation of 51.5 in Lake #1 regardless of the other lake elevations. This solution may require easements and improvements along the Williamson property line ditch and is dependent upon the elevation and condition of that ditch. Conclusion Based on our analysis, we believe that these options should be explored further and a solution chosen to rectify the current situation. All of these options will require engineering design and approval by NCDENR under the SW8 980707 permit that is currently under effect. We are prepared to initiate design and implementation of one of these options at your direction. FAprojccts\sunset village\phase 4\teelake level analyisis.doc Page 2 of 2 Aug 31 09 04:40p Bob Rolison 910-575-0940 p.l Rl rr �f 4 c ScYrdp�l'ei- C3a L ©rt- 57 j SANDPIPER BAY GOLF AND COUNTRY CLUB 9/1)/ q s ,� u.Gr /✓G/JENn -� l v--e- Awe �vt �vr✓�i�r� W1117 apt SOWA--* V'ou�l ��vu�/•r �c%awl gD¢ �ffu-c/. 744 ro/ N. Sandpiper Club Dr, SW Sunset Beach, NC 28468 www.sandpiperbnygolf.com Tim ntma General Manager Office: (910) 579-9120, ext. 25 Tall Free: 1-800-356-5827 Fax: (910) 579-9123 Cell: (910) 470-8084 email: tim@sandpiperbaygolfcom 800 N. SANDPIPER CLUB DR., SW SUNSET BEACH, NC 28468 PHONE: (800) 356-5827 SW8 980707 Sand Piper Bay Subject: SW8 980707 Sand Piper Bay From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 01 Apr 2005 09:55:04 -0500 To: Jeff Campbell<jampbell@bellamyengineering.conv Jeff: Rhonda handed me some information you had sent to her on March 9, which was intended for me. This is in regard to lowering the water level in the lake around Sunset Village. I would appreciate if you would put your conclusions regarding the affect on the storage volume in sealed calculation format, taking into account the entire drainage area and the full build -out at Sand Piper Bay and the fact that the pond system is permitted to contain the runoff from 8" of rain. Thanks, Linda I of 1 4/1/2005 9:55 AM ROBERT L. BELLAMY & ASSOCIATES, INC. CONSULTING ENGINEERS, PLANNERS, 8 SURVEYORS 4706 OLEANDER DR. MYRTLE BEACH, S.C. 29577 TEL. (843) 449-9453 FAX (843) 449-8359 March 9, 2005" MAR 1 -) 2005 Ms. Rhonda Hall 'By NCDENR Water Quality Section - Stormwater Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Revision to Permit SW8 980707 — Non -Discharging Ponds Sandpiper Bay Golf Plantation Near Sunset Beach, Brunswick County, North Carolina Dear Rhonda: We are writing in response to a fax from your office on February 1, 2005 regarding DWQ Stormwater Project Number SW8 030705, project name Sunset Village. Per the comments from the fax received, two items were requested. Question number one asked how the lake lowering around Sunset Village would affect the permitted volume. Our calculation show that by lowering the lake to the requested level as shown to elevation 51.50', an additional 446,661 cubic feet of storage would be created in the two lakes around and within Sunset Village West. This additional storage volume serves two purposes, to reduce the chance of flooding at Sunset Village West and reducing the impact to the lower discharging lake. Question number two asked for two copies of the revised plan sheet. Two copies of the latest plan sheets are enclosed for your use. Thank you for your assistance with this matter. If you have any questions or comments please let give us a call. Sincerely, Robert L. Bellamy & Associates, Inc., qvor 4)e J6ffr6 W. Campbell Associate Engineer Enclosures as noted. F:\PROJECTS\SUNSET VILLAGE\PHASE 4\TEXT\Outlet-NCDENR-response.doc State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 2 - 2ZW 5 To: 75!Gamob4 CO: Get Lam z 55c7c. FAX #: eA3- 9 - 83 q REMARKS S�j8 9 5CI707 No. Of Pages: 2 �vlcd, A,s Une) From: L;/ 4—z L¢,wl'5 CO: FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer Robert L Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 Pk (843) 449-9453 FJI (843) 449.8359 Fax To: Linda Lewis From: Jeff Campbell Fax: 1.910.350.2004 Reel Sunset Village West Mate: Friday, August 06, 2004 Pages: 1 (including cover) ❑ Urgeni ❑For Your Use ❑ Please Comment ❑ Please Reply ❑ Please Recycle Linda, Thanks for the information you faxed to our office on 08/03/04. We are requesting additional time to respond to the request for additional information dated 08/17/03. Jeff Je4rey W. Campbell Associate Engineer Robert L. Bellamy & Associatcs, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 j c::mpbeU@bellamyengineering. com PH: 843.449.9453 ext 208 PC: 843.449-8359 G1h 843.424,0362 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: L U3-U¢ To:Tef� Carn nbell CO: C bey F Bel/ar„ FAX #: 84.3 - 4-4 - 5q REMARKS: Loune No. Of Pages: Z From: Lida L af! 5 CO: F.AX#: 910-350-2004 receive 2 reSLC2rse ' ' 127 Cardinal Drive Extension. Wilmington. N.C. 2S405-3945 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Afrirmatire Action Employer Robert L Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 PH (843) 449-9453 FK (843) 449.8358 fax I'm Laurie Munn Fax: 1.910.350.2004 Re. Sunset Village West Date. Tuesday, August 03. 2004 From: Jeff Campbell Pages: 2 (including cover) Li Urgent ❑ For Your Use ❑ Please Comment Laurie, What is the attached fax in reference to? J =ffrey W. Campbell Associate Engineer Robert L. Bellamy & Associates, Inc. 4706 Oleander Drive 14yrde Beach, SC 29577 j,:ampbell@bellamyengineering.com E'H: 843.449.9453 ext 208 EX: 843.449-8359 Cell: 843.424.0362 12 Please Reply ❑ Please Recycle • -' - 4YK, B.2004 10--37AM NCDUR Rim M.>ar r.c A4ntlaal F. QdaY, GdVK W WIUWM G, RM Jr saena(I Norm CaROna Da""10 of Enom amok and NVWI; �Kcee Mn W. KWAO, pro-Praqw awbkn df wabr OVAIIN 0010M H. SOON' Deoub nhedw O,,WM dwwee(leerOlNgb FAX COVER SMT Dott: July $, 2004 No. orPagea: i To: JeffM CuVbeD From. i aarle Munn Compaay: Water Quality Soetlaa - 3tormwater FAX i#: 849-4494M9 FAX # 9t0-3S0-2004 Phone 9 910.39'5.3900 DWQ Starrawater Project Number: SWB 980707 Projectriamo: SunsetWage MOSSAGE: Mr.,Campbell, Plow provide a stews report for Sunset Villagc. If a f xW .requcst for additional time is net made by August B, 2004, the project will be retuned and the $420 faa will be forfeited. Pleas .let mo know if you need additional time and when you Plan tO submit a NOW= to the eonuneuta. Laigio N. C. DWOP or WM 0W11W 127 Cadnal [Apra Exhm (0n i9101305-M Cua(arylM Ard*s WilMtneron Reawal 0100 W"naun, HC 204W (9I0) WO.2004 Fax I am 55774E An a W A7FR Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Depputy Director Division of WaterQuallty FAX COVER SHEET Date: May 24, 2004 No. of Pages: 1 To: Jeff Campbell From: Linda Lewis / Company: Bellamy & Associates Water Quality Section - Stormwater FAX #: 843-449-8359 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 980707 Project Name: Sunset Village West MESSAGE: Jeff: Thanks for the fax of May 19, 2004. As indicated in that letter of April 1, 1999, each subsequent development that is proposed to drain into the permitted facility under 980707 must submit an application under the "Other" option for an offsite facility. Unless you can provide detailed grading and layout plans of all the future development now, the offsite application process is still the correct way to handle the future development. RSS\arl: S:\WQS\STORMWATIADDINFO\2004\980707-2.may04 .s 4n N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 MCI)EN:t Robert L Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 PH (843) 449-9453 FX (843) 449-8359 Fax I.0: Linda Lewis From: Jeff Campbell Fax: 1.910, 350.2004 Pages: 7 (including cover) [tee Sunset Village West Stormwater Permits [late: Wednesday, May 19, 2004 67 Urgent ❑ For Your Use ❑ Please Comment ❑ Please Reply ❑ Please Recycle Linda, Attached is the correspondence and permit submittal we have been referring to in our emails. We believe this permit was submitted to include all of the proposed development, not just Phase 1, based on the total impervious area of 19.38 acres included. in the attached submittal. Because of the way the 707 permit was written, to include 100% of the impervious area of the PUD, it would seem that the most practical way of permitting an internal development such as Sunset Village West would be to permit the entire project at one time. Please call with any questions, Jeff Jefftey W. Campbell Associate Engineer F'.obert L. Bellamy & Associates, Inc. 4706 Oleander Drive Myrde Beach, SC 29577 icarnpbdl@beUamyenginecting.com I'14: 843.449.9453 eat 208 FIX: 843,449-8359 C.eLI: 843.424.0362 W ArFq Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Alan W. Klimek P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Date: May 11, 2004 No. of Pages: 4 a�%➢/ To: Jeff Campbell From: Linda Lewis fit' Company: Robert L. Bellamy & Associates Water Quality Section - Stormwater FAX #: 843-449-8359 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 980707 Project Name: Sandpiper Bay Golf Plantation MESSAGE: Jeff: It's taken a while to review all the files and get the information you requested last Friday together. In regard to the modification for 980707, 1 was in the process of trying to determine if a modification to address lowering the lake levels was necessary. I requested additional information on September 17, 2003. Benjie's July , 2003 application indicated that the current permanent pool level in Lake #4 is 51.50 with an overflow at 53.0 He proposed to lower the elevations to 49.50 and 51.50, respectively, thus increasing the total storage volume available in the system and allowing the level in Lakes 1, 2 and 3 to be controlled via the outlet structure in Lake #4. Since volumes and elevations are being changed, a modification will be needed. The required permit modification fee of $420.00 has not yet been submitted. Additionally, revised calculations, application, wet pond supplement, and 2 sets of revised plans are needed. In regard to the wrong project name referenced on Permit No. SW8 020501-The permit incorrectly referenced Sunset Village West Phase 3, when it should have referenced Sunset Village West Phase 2. A revision letter has been sent to Mr. Gilford Edwards of Crossman Communities of NC, Inc., and a copy will be coming to you as well. Permit No. SW8 021125 for Phase 3 has not been issued. Additional information was faxed to John Poston on January 30, 2003. A copy of that fax is attached. N. C. Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (910)395-3900 (910)350-2004 Fax Customer Service 1 800 623-7748 WU N Pq 3 0-�14 Mr. Campbell May 11, 2004 Page 2 of 2 Permit No. SW8 030705 for Phase 4 has not been issued. Additional information was requested on August 7, 2003, however, the file cannot be located at this moment. I will have my administrative assistant track it down tomorrow and fax you a copy of that correspondence. Permit No. SW8 040121 for Phase 5C has not been issued. Additional information was faxed to Benjie Smith on March 15, 2004. A copy of that fax is attached. Since the 980707 permit was issued assuming 100% of the site as built -upon, no deed restrictions were required. I think this addresses everything we discussed on May 7, 2004. If you have any other questions, please give me a call or email me at linda.lewis@ncmail.net. RSS\arl: S:\WQS\STORMWATWDDINFO\2004\980707.may04 P94oJ�Lt Kobert L Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 (843) 449-9453 FAX: (843) 449-8359 Fau To: Linda Lewis Fax: 910-350-2004 Re: Request for Time Extension Comments for SW8 980707 Date: 10-14-03 From: Benye Smith Pages: 2 (Including Cover Sheet) X Urgent ❑ For Review ❑ Please Comment ❑ Please RePhr ❑ Please Recycle Linde, Please find attached a letter requesting a time extension for comments for the referenced project If you have any questions or need any other information, please give us a call. Thanks, Benjamin L. Smith, P.E. Robert L. Bellamy & Associates. 4706 Oleander Drive Myrtle Beach, SC 29577 Tele:(843)448-9453 Pats: (843) 44"359 Ewa: BSMITHCDBELLAMYENGINEERING.COM ' ROBERT L. BELLAMY 8 ASSOCIATES, INC. CONSULTING ENGINEERS, PLANNERS, B SURVEYORS 4706 OLEANDER DR. MYRTLE BEACH, S.C. 29577 TEL. (843) 449-9453 FAX (843) 449-6359 October 14, 2003 NCDENR — Division of Water Quality Wilmington Regional Office 127 Cardinal Drlve Fact. Wilmington, NC 28405 Fax- (910) 350-2004 Attn: Linda Lewis Re: Revision to Permit SW8 900707 — Non -Discharging Ponds Sandpiper Bay Golf Plantation Near Sunset Beach, Brunswick County, North Carolina Dear Linda: The purpose of this letter is to request a time extension for comments relating to your review of this project in a letter dated September 17, 2003. We have not yet had the opportunity to sit down and thoroughly address the comments due to some scheduling problems. We expect to have the requested information to your office by October 31, 2003. . If you have any problems with this requested date, please let us know and we will make necessary arrangements to provide the requested information at an earlier date. Sincerely, Benjamin L. Smith, P.E File/Read F:\PROJECTS\SUNSET VILLAGE\PHASE 4\TEXT\0u8et-NCDENR.EXT•doc OF W ATF? Michael F. Easley, Governor \� OG William G. Ross Jr. Secretary Q North Carolina Department of Environment and Natural kesources > �—� Alan W. Klimek, P.E.,Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division Nulty Quality September 17, 2003 Mr. Roger E. Grigg, President Sandpiper Bay Land Company 800 Sandpiper Bay Club Drive Sunset Beach, NC 28468 Subject: Request for Additional Information Stormwater Project No. SW8 980707 Sandpiper Bay Golf Plantation Brunswick County Dear Mr. Grigg: The Wilmington Regional Office received a Stormwater Management Permit Application for Sandpiper Bay Golf Plantation on July 29,2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: In order to decide if this modification can be permitted, please provide design calculations of how this change affects the permitted volume. Is the system still able to contain the 25-year, 24-hour storm without discharging? 2. Please provide 2 copies of the revised plan sheet. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to October 16, 2003, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you.expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not. acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\2003\980707.sep03 cc: Benjamin Smith, P.E., Robert Bellamy & Associates, Inc. Linda Lewis N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer service AAA Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENR ROBERT L. BELLAMY & ASSOCIATES, INC. CONSULTING ENGINEERS, PLANNERS, 8 SURVEYORS 4706 OLEANDER DR. MYRTLE BEACH, S.C. 29577 TEL. (843) 449-9453 FAX (843) 449-8359 July 28, 2003 NCDENR — Division of Water Quality Review Staff 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Revision to Permit SW8 980707 — Non -Discharging Ponds Sandpiper Bay Golf Plantation Near Sunset Beach, Brunswick County, North Carolina Dear Review Staff: Please find enclosed a copy of the proposed outlet structure at Sandpiper Bay Golf Plantation. Due to some recent flooding in the area, mainly the Sunset Village Condominium project, we are proposing this plan in order to lower the lake levels in the upper ponds (Lakes #1 and #2 on the attached sketch) which lay adjacent to the golf course and Sunset Village. This structure will alleviate flooding concerns associated with the condominium project. The structure will allow for a permanent pool to be at 51.50 and an overflow elevation to be set at elevation 53.00. Currently, there is an outlet control structure located in the lower lake, which we have labeled as Lake #4 on the attached sketch, which is at normal water elevation of 49.50 with an overflow elevation of 51.50. Our plan proposes to maintain a normal pool at 51.50 and outfall into the lower lake (Lake #4). We have attached a summary of our analysis concerning this issue and our recommendations for improving the system. After several meetings, we have decided to proceed with the submitted proposal. Should you have any questions or if you need any additional information, please contact us. Sincerely, Benjamin L. Smith, P.E File/Read Enclosures F:\PROJECTS\SUNSET VILLAGE\PHASE 4\TEXT\outlet-NCDENR.doc JUNCTION BOX DETAIL ALUMINUM GRATING NOT TO SCALE LENGTH: 6'-G" WIDTH: 6'-G" BAR SIZE: 1-1/4' X 3/16" 4 WALL PIPE (CLASS 3) �— CONCRETE HEADER OP ELEV. 51.50 `¢4 BARS �6'PRECAST 3) \/ IE 43.92 ELEV. 43.50 +a ELEV. 42.50 CONCRETE BASE -COMPACTED SUBGRADE OR STONE BEDDING CONCRETE HEADER I— #4 BARS�12 O/C EA. WAY o'o ke-- # I REMOVE EX. SLUICE GATE FROM EX. OUTFALL STRUCURE AND INSTALL OVER 2'x2' OPENI'I ON NEW STRUCTURE ALUMINUM GRATING TOP ELEV. 51.50 4--�-04 BARS G" PRECAST �UTFLOW PIP�1 48' R.C.P. (LASS 3)/ IE- 43.92 ELE` ELF CONCRETE BA SECTION COMPACTED SUBGRADE -----OR -S T ONE -BEDDING-._._ NORRIS VVARl Analysis of Existing Lake Levels Affecting Sunset Village West: at Sandpiper Bay Brunswick County, North Carolina Submitted by: Robert L. Bellamy & Associates, Inc. 4706 Oleander Drive Myrtle Beach, SC 29577 (843) 449-9453 John R. Poston, PE, NC Reg.4026695 /=Jx �O Se ¢ & s! 3 • x 4-0 Analysis of Existing Lake Levels Affecting Sunset Village West at Sandpiper Bay 5'?• Brunswick County, North Carolina May 2, 2003 Exiting Lake Configurations affecting Sunset Village West Sunset Village West at Sandpiper Bay is built around a man-made lake (Lake #1) on the interior of the project. This lake accepts runoff only from the Sunset Village West Project by way of surface runoff and pipe discharge from catch basins within the project. Lake #1 has a static 18" pipe connection to an exterior lake (Lake #2) that surrounds three sides of the property on the Sandpiper Bay golf course. Lake #2 accepts surface runoff from Sunset Village West and the Sandpiper Bay Golf Course. This lake also accepts pipe discharge from stormwater collection. systems within the single-family development along Sandpiper Bay Drive. It is believed that Lake 42 also has a static 18" pipe connection to another lake (Lake #3) that is located along fairways I and 2 of the Sand Course. Lake 93 also accepts discharge from the Sandpiper Bay Golf Course and residential development areas. Lakes #2 and #3 do not have a traditional outlet control structure in place for lake level control. However, there appears to exist a 12" PVC, valved pipe connection from Lake #2 to a downstream lake (Lake #4) near the tee -box for the #8 hole of the Piper Course. This manually controlled pipe appears to be the only outlet control for Lakes 41, #2 and 43. Lake #4 is controlled by a major outflow structure that discharges to an outfall ditch along the Williamson property. Exiting Conditions at Sunset Village West Sunset Village West at Sandpiper Bay was designed and constructed based on a Master Plan for Sunset Village West. This master plan set the Lake #1 elevations as follows: Temporary Pool = 53.0 feet Permanent Pool = 51.5 feet Pond Bottom = 46.0 feet The buildings and infrastructure in -place are based on these lake elevations. The lowest stormwater collection grate in Sunset Village West is at elevation 53.75 feet (Phase 1) and the lowest building floor is at elevation 56.00 feet (Phase 2). Existing Lake Levels affecting Sunset Village West Base on the configuration of the lakes affecting Sunset Village West, it is apparent'that the design water levels for Lake #1 cannot be maintained in the current configuration. The level of Lake #1 is dependent upon the water level in Lake #2. It appears that the water level in Lake 42 can reach elevations as high as 55.7t feet based on storm events, irrigation pumping, and manual release of water through the 12" PVC pipe connection to Lake #4. This may place the infrastructure in Sunset Village at risk of flooding in the current configuration. Page 1 of 2 i Analysis of Existing Lake Levels Affecting Sunset Village West at Sandpiper Bay Brunswick County, North Carolina May 2, 2003 Proposed Solutions Based on the current conditions described, it is apparent that a solution is needed to lower the level of Lake # 1 at Sunset Village West and lessen the possibility of flooding. Therefore, we proposed the following solutions. Option #1: Install a permanent, static pipe connection from Lake 42 to Lake 44. This pipe should be a minimum diameter of 36" and should have a minimum invert elevation of 46.5. This connection would drop the water levels in Lakes 1, 2 and 3 to the same elevation as Lake 44 and allow all of these lakes to be controlled by the permanent outlet structure within Lake #4. The outlet structure in Lake 44 is designed to allow for a high water elevation of 51.50 and a low water elevation of 49.50. Option #2: Install a permanent outlet structure in Lake #3 discharging to Lake #4. This outlet structure could be designed to allow for a maximum water elevation of 51.5 in Lakes 1,2 and 3 while allowing Lake 44 to remain at a lower level. The outlet structure would discharge through a 36" pipe connection to Lake #4. Option #3: Terminate the IF pipe connection between Lake 41 and Lake 412 and install a permanent outlet structure in Lake #1 discharging to the property line ditch along the Williamson property. This outlet structure could be designed to allow for a maximum water elevation of 51.5 in Lake #1 regardless of the other lake elevations. This solution may require easements and improvements along the Williamson property line ditch and is dependent upon the elevation and condition of that ditch. Conclusion Based on our analysis, we believe that these options should be explored further and a solution chosen to rectify the current situation. All of these options will require engineering design and approval by NCDENR under the SW8 980707 permit that is currently under effect. We are prepared to initiate design and implementation of one of these options at your direction. F:\projects\sunset village\phase 4\text\lake level analyisis.doc Page 2 of 2 40 CONDO pad VGA v-}U UNITS OR G� HOTEL SITE PHASE I Sandpiper Bay Golf Plantation 3 Sandpiper Bay: Ponds Can Store/Treat 100% Impervious for Whole 214.6ac Tract at 3.5" Without Discharging SW8 980707, 1/30/03 Permit: 100% Impervious for 216.6ac 4. The alternative system consists of the existing 24.15 acre series of lakes on the sitrand system is designed to provide sufficient storage for 100% impervious (214.6 acres�) 3.5" design storm without discharging, thus meeting the requirement to provide 8S removal. and the post development discharge rate is no larger that the pre-develop discharge rate for the I year 24 hour storm. p _ c TG `L-- iai3A 3; L r ❑ Pond E DA per SW8 990136 File Pond E DA in SW8 990136, but not shown there Pond D DA per SW8 990136 File Pond C DA per SW8 990136 File Pond A DA per SW8 990136 File ❑ Pond B DA per SW8 990136 File our OUT pmjlpof y ;:i& J . .. SW8 980707- 100% impery % 3.5" Storm Approx Location of DA Line (per discussions 1 during Wyndfall transfer). ,.�otf Course `k J ` � LL s �' •�.r Yam• OUT + 1 1 r , 92012 Goo81e - Ids pie - Tarns of Use rp.S v )too Aerj i J;AldpuQs Ms'0 ms Pt1 VC1 Mrs Ms Pa ue0136J0410 pw 0 i"J J9J83 leaJO .1 apilS snOlnaJd uO ION lnq 'Aeg JadidpueS JaPun csiy s, ilelpuA/V\