HomeMy WebLinkAboutSW8060740_Historical File_20230412 ROY COOPER l
Governor y, a�.
ELIZABETH S.BISER z m,t
,Secretary ' aw^+v°e'
I2OUGLAS IL ANSEL. NORTH CAROLINA
IrtterenDrrector unrnental Quality
April 12th,2023
701 East Bay,Inc. &Port City Limited Partnership
Attn: Timothy J.Walter,Vice-President
210 Wingo Way Suite 400
Mt. Pleasant
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No. SW8060740
Myrtle Grove Village Shopping Center
New Hanover County
Dear Mr.Walter:
Effective August 1,2013 the Post-Construction Stormwater Management Program has been transferred from the
Division of Water Quality("DWQ")to the Division of Energy,Mineral and Land Resources("DEMLR"). All
previous references to DWQ will remain in older permits issued prior to August 1.2013 until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit.
On August 5,2009,the Governor signed Session Law 2009-406. This law impacted any development approval
issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes,which
was current and valid at any point between January 1,2008,and December 31,2010.The law extended the
effective period of any 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.
The Division of Energy,Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on February 20th, 2023. The Division is hereby notifying you that permit SW8060740 has been
renewed,updated,and re-issued on April 12th,2023 as attached. Please be aware that the renewal and re-
issuance of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until October 16th,2028,which includes all available extensions,and does not
supersede any other agency permit that may be required. The project shall be subject to the conditions and
limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it
clarifies the rules and requirements of this program to provide you with a better understanding of your obligations
under this permit. Failure to comply with these requirements will result in future compliance problems. Please
note that this permit is not transferable except after notice to and approval by the Division.
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 fling process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www.NCOAH,corn.Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit,please contact Aisia Freeman in the Wilmington Regional
Office,at(910)796-7319 or Aisia.freeman@ncdenr.gov.
Sincerely, I
C.441&—...J.L
..Douglas R.Ansel,Interim Director
Division of Energy,Mineral and Land Resources
,.."---.
North Carolina Department of Envirorimenial Quality I Division of:Energy,Mineral and Land Resowrces
' Wilmington Regional Of ce I127 Cardinal Drive Ezteirsfon Wtlmtngton,North Carolina 8405
w�':.aa.NY�
i awb „7'='r 910.796.7215
State Stormwater Permit No.SW8060740
Page 2 of 2
Enclosures: Attachment A—Designer's Certification Form
Attachment C—Permitting History
Copy of the Renewal Application Documents
DESiaf: \1\Stormwater\Permits&Projects\2006\060740 HD12023 04 permit 060740
cc: Rob Balland,PE;Paramounte Engineering,Inc.
Wilmington Regional Office Stormwater File
. North Carolina Department of E i*o mental Quality i Division of Energy,Mineral and Land Resources
W#imington Regional.'Offfce i.127 Gar final Drive Extension I1Nilmington Nc rth�arolitta 284g5
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alit 910.796.77L5
Post Construction Stormwater Management
Permit No. SW8060740
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION 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
Timothy J. Walter, 701 East Bay, Inc. and Port City Limited Partnership
Myrtle Grove Village Shopping Center
5511 Carolina Beach Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as attached
and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved
plans and specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until October 16th, 2028 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. 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 in
Section 1.5 of this permit. The subdivision is permitted for 3 outparcel lots, each allowed a maximum
built-upon area as follows: 33,715 ft2 for Outparcel A; 19,994 ft2 for Outparcel B; and 397,136 ft2 for the
Home Depot. Outparcels A and B drain to Pond #1. There is no allotment of built-upon area in DA#3
and there is no allotment of future built-upon area in either Pond #1 or Pond #2. Roadway
improvements for Piner Road consist of 60,960 square feet of built-upon area and runoff will be treated
by roadside swales.
Page 1 of 6
Post Construction Stormwater Management
Permit No. SW8060740
3_ Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements. The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
5. The following design elements have been permitted for the two (2) wet detention pond stormwater
facilities, and must be provided in the systems at all times.
Design Criteria Pond #1 Pond #2
Rules Version 1995 1995
a. Drainage Area, acres: 11.07 32.23
Onsite, ft2 263,102 1,403,939
Offsite, ft2 219,107 0
b. Total Impervious Surfaces, ft2 344,690 1,065,346
(1) Buildings None 200,231
(2) Roads/Parking 40,075 545,290
(3) Other 147,799 319,825
-Home Depot 94,090 303,046
-Outparcel A 33,715 0
-Outparcel B 19,994 0
-Sidewalk 0 16,779
(4) Offsite 156,816 0
c. Design Storm, inches 1.0 1.0
d. Pond Depth, feet 7.0 6.0
e. TSS removal efficiency 90 90
f. Permanent Pool Elev., FMSL 14.0 16.6
g. Perm. Pool Surface Area, ft2 15,694 86,830
h. Permitted Storage Volume, ft3 27,727 373,178
i. Temporary Storage Elev., FMSL 15.6 20.35
j. Controlling Orifice, "0 pipe 2.0 4.0
k. Permitted Forebay Volume, ft3 12,171 119,662
I. Receiving Stream/River Basin Motts Creek/Cape Fear
m. Stream Index Number 18-82
n. Classification of Water Body C; Sw
o. Max. fountain pump HP 2 2
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including
driveways and sidewalks, 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, and responsibility
for meeting the built-upon area limit is transferred to the individual property owner.
2. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA
limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board
do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
3. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
Page 2 of 6
Post Construction Stormwater Management
Permit No. SW8060740
4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A modification may be required
for those deviations.
6. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 060740MOD, as issued by the Division under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Environmental Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built-upon area is as follows: Outparcel A at 33,715 ft2; Outparcel B at 19,994 ft2;
and Home Depot at 397,136 ft2. This allotted amount includes any built-upon area constructed
within the lot property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
h. All runoff from built upon area 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 will naturally drain into the system are not required to provide these measures.
i. Built-upon area in excess of the permitted amount will require a permit modification.
7. 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.
8. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above,
the signature of the Permittee, the deed book number and page, and the stamp/signature of the
Register of Deeds.
9. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
c. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if
they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the shoreline.
f. The maximum horsepower for a fountain in this pond 1 is 2 horsepower and pond 2 is 2
horsepower.
Page 3 of 6
Post Construction Stormwater Management
Permit No. SW8060740
10. Prior to transfer of the permit, the stormwater facilities will be inspected by division personnel. The
facility must be in compliance with all permit conditions. Any items not in compliance must be repaired
or replaced to design condition prior to the transfer. Records of maintenance activities performed to
date will be required.
11. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at design condition. 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 in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
12. Records of maintenance activities must be kept and made available upon request to authorized
personnel of division. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
13. The facilities shall be constructed, operated and maintained in accordance with the provisions of this
permit, the approved plans and specifications, and the supporting documents attached to this permit
and on file with the Division.
14. No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the permittee
shall submit to the Director, and shall have received approval for modified plans, specifications, and
calculations including, but not limited to, those listed below. For changes to the project or SCM that
impact the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of
the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown
on the approved plan.
e. The construction of any allocated future BUA.
15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on-site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Page 4 of 6
Post Construction Stormwater Management
Permit No. SW8060740
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must
be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on which
the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal
proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur,
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be
conducted by Division personnel to ensure the permit conditions have been met and that the project
and the on-site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
e. OBTAINING COMPLIANCE. 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
modified plans and certification in writing to the Director that the changes have been made.
Page 5 of 6
Post Construction Stormwater Management
Permit No. SW8060740
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit renewed, updated, and reissued this the 12th of April 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
CPwL19ffi
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6
Post Construction Stormwater Management
Permit No. SW8060740
Attachment A
Myrtle Grove Village Shopping Center Page 1 of 2
Stormwater Permit No. SW8 060740MOD
New Hanover County
Designer's Certification
, as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 1 of 2
Post Construction Stormwater Management
Permit No. SW8060740
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-upon
area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the
system.
4. All roof drains are located such that the runoff is directed into the system.
_5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the
vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 2 of 2
Attachment C-Permitting History
Myrtle Grove Village Shopping Center
Permit No.SW8 060740
Approval
DatePermit Action VersionDep:.> un of the Changes Modified Plan Sheets
High Density Subdivision Project-construction,operation and maintenance of two
wet detention ponds in compliance with the provisions of 15A NCAC 2H.1000.The
subdivision is permitted for 3 outparcel lots,Outparcel A,Outparcel B,and Home
Depot Outparcel,that are allowed 33715,19994,and 397136 square feet of built-
10/16/2006 Original 1.0 upon area,respectively. Outparcels A and B and a portion of the Home Depot C1.1,C3.0-3.2,C4.0A-
Approval Outparcel(94,090 sq ft of BUA)drain to Pond#1. The remaining portion of the B,C4.1-4.2,C8.1-8.5
Home Depot Outparcel(303,046 sq ft of BUA)drains to Pond#2. There is no
allotment for built-upon area in either Pond#1 or Pond#2 for DA#3. A separate
stormwater management permit or modification to this permit will be required for
any future development in DA#3.
High Density Subdivision Project-construction,operation and maintenance of two
wet detention ponds in compliance with the provisions of 15A NCAC 2H.1000.The
subdivision is permitted for 3 outparcel lots,Outparcel A,Outparcel B,and Home
Depot Outparcel,that are allowed 33715,19994,and 397136 square feet of built-
Major upon area,respectively. Outparcels A and B and a portion of the Home Depot
3/19/2007 Modification i i Outparcel(94,090 sq ft of BUA)drain to Pond#1. The remaining portion of the C9.7.1,C9.8.2
Home Depot Outparcel(303,046 sq ft of BUA)drains to Pond#2. There is no
allotment for built-upon area in either Pond#1 or Pond#2 for DA#3. A separate
stormwater management permit or modification to this permit will be required for
any future development in DA#3. Roadway improvements for Piner Road consist of
60,960 square feet of built-upon area and runoff will be treated by roadside swales.
1/30/2008 Major 1 2 Approved Plan Revision-. The revisions include replacement of an earthen forebay
Modification (forebay#1,pond#2)with interlocking sheet piles.
High Density Commercial Subdivision Project-construction,operation and
maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H.1000..The subdivision is permitted for 3 outparcel lots,each allowed a
Major maximum built-upon area as follows:33,715 ft2 for Outparcel A; 19,994 ft2 for
1/23/2009 1.3 Outparcel B;and 397,136 ft2 for the Home Depot. Outparcels A and B drain to C4.0A,C8.4
Modification Pond#1.There is no allotment of built-upon area in DA#3 and there is no allotment
of future built-upon area in either Pond#1 or Pond#2. Roadway improvements for
Piner Road consist of 60,960 square feet of built-upon area and runoff will be treated
by roadside swales.
4/12/2023 Renewal 2.0 This permit shall be effective until October 16th,2028
Page 1of1
f5UbMLFL USt ONLY
Date eceiv d Fee Paid Permit NumberP
li. oZ 02O 1 23 1 3-5 8,5 y J�QJ Sc v g Of,C°7' 0
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 060740MOD
2. Project name: Myrtle Grove Village Shopping Center
3. Project street address: 5539 Carolina Beach Rd.
City: Wilmington County: New Hanover ZIP : 28412
4. What, if any, changes have been made to the project as permitted?
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at:https://deg.nc.gov/about/divisions/energy-
mi neral-la nd-resources/energv-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the pormittee or project name have been made,please complete either the Permit Update form
or the Permit Transfer form available at:https://deg.nc.gov/about/divisions/energy-mineral-Iand-
resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: 701 East Bay, Inc. and Port City Limited
Partnership
2. Signing Official's Name: Timothy J.Walter
3. Signing Official's Title: Vice President
4. Mailing Address: 14 Z(d (JW rD A• ' I 5.4 re 1(oo
City: Wilmirtestan Mt(-, Vec State: .NC5C..ZIP : 28401 Lfel4(/
5. Street Address: 20-1 w l r____t --et it_ 4- 2.10 �(�O fl Su 6r coo
1
IT7 �. 1 1 V l l l V L
City: W+tmitn9ton M{-- D(&4 tate: rIe 5(-ZIP : 284111 Zi
6. Phone: 841t 7Li-y'D( Email: ` wALl-toreE Z.ht+
ft FEB z 0 2023 i
Stormwater Permit Renewal Form Page 1 of 3 May 11,2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORVI/). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
'1° 1. A permit application processing fee of$505.00 payable to NCDEQ.
1"0 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company(LLC)—a manager or company official as those terms are defined
in G.S. 57D"North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official,or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
M3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
,i I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
El I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
PO 5. Designer Certifications, Please select one:
❑ A copy of the certification(s)confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
X A copy of the certification(s)confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
(.4._ 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
fLj 7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/bv title/ Business Registration
RiE.,.....„,,
Pli*WNW
g `i..
FEB 2 0 2023
BY
Stormwater Permit Renewal Application Form Page 2 of 3 May 11,2018
D. PERMITTEE'S CERTIFICATION
I, Timothy J. Walter ,the person legally responsible for the permit, certify that
I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site),that I
am responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is,to the best of my
knowledge, correct and complete.
Signature: 191Aj161 -
Date: 2.116-)3
NOTARIZATION:
I, N t E1A4 LOirr , a Notary Public for the State of
S.v1L 6.441AA• , County of , do hereby certify
that TA"TM -, (4•t7r1C- personally appeared before me
this the 9 day of f e-' , 20 7., , and acknowledge the due
execution of the forgoing instrument.Witness my hated and official seal,
(Notary Seal)
Notary Signature: )in-eIIL L
My commission expir: . — —�
Notary Public-State of South Carolina
My Commission Expires
October 09,2027
ifFEB 2 0 1023
BY.
-___,_______y
Stormwater Permit Renewal Application Form Page 3 of 3 May 11,2018
Freeman, Aisia L
From: Freeman,Aisia L
Sent: Friday, February 24, 2023 12:25 PM
To: 'twalter@zpl.net'
Subject: FW: Request for Additional Information For Stormwater Permit SW8060740
Attachments: 2022 renewal application.pdf
Aisia Freeman(she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
Office: (910)796-7215 I Direct: (910)796-7326
aisia.freeman@ncdenr.gov
C);)
NORTH CAROUNA
Department of Efl*cn rental Oua
Email correspondence to and from this aadress is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Freeman,Aisia I.
Sent: Friday, February 24,2023 12:22 PM
To:twalter@zpl.et
Subject: Request for Additional Information For Stormwater Permit SW8060740
Hi Timothy,
In the process of reviewing your stormwater application I noticed the mailing address listed was"210 Wingo Way Suite
400" But the address listed on the NCSOS is "200 Wingo Way Suite 100".The address listed on the application must be
consistent with what is on the NCSOS. If that is the correct address on the NCSOS, I will need an updated page 1 with the
correct address. I have attached a copy of the renewal application and you can just email me the updated page 1 of the
application. If you have any questions, please let me know!
Thanks!
Aisia Freeman(she/her/hers)
Storm water Permit Renewal Specialist
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
Office: (910)796-7215 I Direct: (910)796-7326
aisia.freeman(ancdenr.Rov
1
Burd, Tina J
From: Burd,Tina J
Sent: Tuesday, February 21, 2023 2:25 PM
To: twalter@zpi.net; Robert Balland
Cc: Freeman, Aisia L
Subject: SW8 060740 - Myrtle Grove Village Shopping Center
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on February 20, 2023. The project
has been assigned to Aisia Freeman (cc'd) and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
EO
.. .. . ... ay oe d'? ,. ta.rrs
Website: http://deq.nc.Rov/about/divisions/energy-mineral-land-resources/stormwater
Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our
offices,as they may be able to handle your requests by phone or email.
1
Non-Tr-nsfe n• ..Iication Co leteneis 'vi eckii
Project Name: ! �f � �•
�� uate Delivered to WIRO: , �� sfjl..
Project County/Locatiqn: [h 1 / 4 , / { BIMS Received/Accepted Date. "� I
J� ' -r `4 :all
Date Given to Admin: � o�i
Permit Action: New New Permit#2: BIMS Acknowledged Date': C4 ( r
❑Not located in the ET1 of the following delegated
and functioning programs:
NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach
Bruns: Leland/Navassa(?)/Oak Island
Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City
Major Mo. / Minor Mo jRenewal Existing Permit#:
PA ••plicant&Permittee are the same? Expiration Date°:
' Permit Type: HD ❑/LD Overall/HD&LD Combo
General Permit/Offsite/Exempt + Redevelopment ❑Offsite to 5W8:
Development Type: Commerci esidential/Other Ells Offsite Lot approved in Master Permit?
Subdivided?: Subdivisio r Single Lot
Rule(s): ❑2017 Coastal 02008 Coastal 995 Coastal
❑Phase II ❑Universal 1988 Coastal
P rmitte Type&Documents Needed:
roperty Owner(s) Purchaser ❑Lessee ❑HOA ❑Developer
jle? nViable? nViable? ❑Viable? ❑Viable?
eed ❑PurchaseAemt Lease Election Minutes
Pape -ork
--)V
IN A..lication ?//*Cej/
SI
I ee: •►ti 505(within 6mo) CherkM(s): it—i5 ❑No Fee
FiSupplement (I new form or for older forms:I original per sCM)
❑O&M2 If;Bk7
Soils Report(lnfil or PP)
_ ❑Calculations(signed/seoled)
❑Deed Restrictions,if subdivided
Project Narrative
F
t5G5 Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans(2 Sets)
• ES:
r RIMS Acknowledged Date on this Sheet
New Projects-Enter New Permit#on Supplements&Deed Restriction Templates.
ermittee is different,STOP.Needs to be transferred first.in 5 months and they are requesting a mod,STOP, Needs a renewal first.
t not approved in master permit,STOP. Master permit needs mod. [� )
,__f__
LED ENGINEER DATE: �c�Y ,Comments:y 1�WER NAME: v t--� I „...4.--b go fli I 01.
eference Lihrary\Procedures\Checklists\Completeness Review Checklist 2021 09 08
MOUNTEPARA
E N G I N E E R I N G . 1 N C_
122 CINEMA DRIVE 'CFI/I
W I L M I N G T O N , NC 2 8 4 0 3
910 - 791 - 6707 ( 0 ) 910 - 791 - 6760 FFEE4g02n
LETTER23
OF TRANSMITT - ^--
To: NCDEQ—Stormwater Date 2.20.2023
127 N.Cardinal Drive Ext.,
Wilmington,NC 28405 Re: The Village at Myrtle Grove Retail
SW8 060740 _
Attn: Proi'ect No. I 22156.PE
IWe are sending:) ® Originals /1 Prints 0 Shop Drawings ❑Calculations
The following items: ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below
Quantity Date Dwg.No. Description
1 Permit Renewal(SW8 060740 MOD)
1 Permit Transfer(SW8 060740 MOD)
1 Minor Modification(SW8 060740 MOD)
1 CD of Submittal Documents
Issue Status: ®For Approval ❑As Requested 0 Construction ❑Bid
❑For Your Use ❑For Review and Comment ❑Approved as Noted ❑See Remarks
Action Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend&Resubmit
❑ Rejected-See Remarks ❑ Approvcd as Submitted 0 Other
Remarks'
If you have any questions,please contact Rob Balland at rballandCa,paramounte-eng.com.
Cc: Signed:
Jamie ece Administrative
trattve Assis t
SOSID:0804314
' • ti Date Filed:9/26/2005 8:30:00 AM
Elaine F.Marshall
North Carolina Secretary of State
State of North Carolina jC200526600417
Department of the Secretary of State
` 1 . `11, APPLICATION FOR REGISTRATION
t AS A FOREIGN LIMITED PARTNERSHIP
Pursuant to §59-902 of the General Statutes of North Carolina,the undersigned hereby submits this application
for Registration as a Foreign Limited Partnership for the purpose of obtaining a Certificate of Authority to
transact business in this State.
1. The name of the foreign limited partnership is:PORT CITY LIMITED PARTNERSHIP.
2. lithe name of the foreign limited partnership is unavailable for use in the State of North Carolina,the name the
limited partnership wishes to use is: .
(The name must contain the words"Limited Partnership,"or the abbreviation"L.P."or"LP,"or the combination
"Ltd.Partnership")
3. The jurisdiction in which the limited partnership was formed is South Carolina
and the date of formation was May 21, 1993. The limited partnership's period of duration is perpetual.
4. The street address of the principal office is:
Number and Street 701 East Bay Street
City, State,Zip Code Charleston,South Carolina,29403
The mailing address,if different from the street address,of the principal office is
5. Name of Registered Agent: Lance Agin
6. Address of Registered Office:
Number and Street 201 North Front Street
City,State,Zip Code Wilmington,North Carolina,28401 County: New Hanover
The mailing address,if different from the street address,of the registered office is
7. In consideration of the issuance of a Certificate of Authority to transact business in North.Carolina,the limited
partnership appoints the Secretary of State of North Carolina as the agent to receive service of process,notice or
demand,whenever the foreign limited partnership fails to appoint or maintain a registered agent in this State,or
whenever such registered agent cannot with reasonable diligence be found at the registered office.
CORPORATIONS DIVISION ..— — —-_ ^^—P.
.BOX 29622 RALEIGH,NC 27626-06222
(Revised January,2002) l �.ar i? 'll�`IL,•.
Form LR04
FEB 2 0 2023
BY:
•
•
,8. Enter the name and address of each general partner. (attach additional sheets if necessary)
Name: 701 East Bay,Inc. Name
Street/No.701 East Bay Street Street/No.
City Charleston CRY
State/Zip South Carolina,29403 State/Zip
Name Name
Street/No. Street/No.
City City
State/Zip State/Zip
9. Limited Partners(select I or 2,as appropriate)
❑ Attached is a list of the names and addresses of all limited partners(include full name/street
address/city/statelzip code/county);or
►1 The location of the office where list of the names and addresses of the limited partners and their capital
contributions will kept be as long as the limited partnership transacts business in North Carolina is
Number and Street 701 East Bay Stredt
City,State,Zip Code Charleston,South Carolina;29403
10. (Select one)
0 The foreign limited partnership is a foreign limited liability limited partnership.
®The foreign limited partnership is not a foreign limited liability limited partnership.
11. This registration will be effective upon filing,unless a date and/or time is specified:
Timothy J.Walter
Typed r 'nt e
Signs
Vice President of 701 East Bay,Inc.,the corporate
general partner
Title
NOTES: FEB 2 0 2023
Pilingg fee Is 550. This document must be tiled with the Secretary of State.
ay:
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-06222
(Revised January,2002) Form LP-04
1y1il''l'1) pitlirIfil ili ivrtyiLlyfblyi li•chl'irklyAddi.drrlslti( y& Ictiti Afil littirl *`
-
__„
., „.„
____.
, ,.
:17: ,
t,, The State o South Carolina __,_
Office of Secretary of State Mark Hammond -3
c=
c
Certificate of Existence, Limited Partnership
I, Mark Hammond, Secretary of State of South Carolina Hereby certify that:
r
PORT CITY LIMITED PARTNERSHIP,
a Limited Partnership organized under the laws of the State of South Carolina on
May 21st, 1993, and doing business in South Carolina under the name of:
PORT CITY LIMITED PARTNERSHIP
has, as of the 18th day of August, 2005, filed all reports due this office, paid all
fees due, is in existence and authorized to do business in the State of South
Carolina. :-
r
Given under my Hand and the Great
Seal of the State of South Carolina this :-.
18th day of August, 2005.
,_
��, �' .ww-- --
41.• IIlf3- 1
.: FEB20202'3 ' ' Liratie jejamvioptiold ,_
BY:
, Mark Hammond,Secretary of State
gifti1.!_TJ.clgl!. l I4I1— f2. T73lucj :_ 1)J,1) 11!i A iAIIF MAT A11-LT1L1 AMU-UM_UkT'.F-1.-t1?,k-1 f1.tMAi).ki1-r-
C201036300020
SOSID:0804314
Date Filed: 1/4/2011 11:41:00 AM
Elaine F.Marshall
STATE OF NORTH CAROLINA North Carolina Secretary of State
DEPARTMENT OF THE SECRETARY OF STATE C201036300020
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is:Port City Limited Partnership
Entity Type:['Corporation,OForeign Corporation,[]Nonprofit Corporation,['Foreign Nonprofit Corporation,
['Limited Liability Company,OForeign Limited Liability Company DLimited Partnership,['Foreign Limited Partnership,
['Limited Liability Partnership,['Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Street:201 North Front Street
City,State,Zip Code:Wilmington.NC 28401 County:New Hanover
The mailing address if different from the street address of the registered office currently on file is:
The name of the current registered agent is: Lance Agin
NEW INFORMATION
I. The street address and county of the new registered office of the entity is: +.
(complete this item only if the address of the registered office is being changed)
Number and Street:
/ 2823
City,State,Zip Code: County: gy.
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed) �J
Richard Cotton ,Cis!'. c.Cc�i R ,dad.4,1n�'lFy Type or Print Name of New Agent *Signature&Title
4. The address of the entity's registered office and the address of the business office of its registered agent,as changed,
will be identical.
5. This statement will be effective upon filing,unless a date and/or time is specified:
This is the 18th day of November ,2010 Port City Limited artnership•, r 1 East Bay,Inc,-general partner
Name
Signature
Timothy J. Walter,Vice President
Type or Print Name and Title
Notes: Filing fee is$5.00. This document must be tiled with the Secretary of State.
* Instead of signing here,the new registered agent may sign a separate written consent to the appointment,which must be attached to this statement.
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form BE-06
0.s..E.
4- t
ROY C Ptis;C:4116:-
r-
,tit, i
vit
Covey aila
ELIZABETH S.RISER
Secretory
,.�_
BRIAN.WRENN NORTH CAROLINA.
Director Environmental QuaRty
August 6,2021
Port City Limited Partnership
Attn:Lance Agin,Registered Agent
200 Wingo Way Suite 100
Mount Pleasant,SC 29464
Subject: Stormwater Permit Renewal Request and Transfer Request
State Stormwater Management Permit No.SWS 060740
Myrtle Grove Village Shopping Center
New Hanover County
Dear Mr.Agin:
State Stormwater Management Permit#SW8 060740 for the subject project expired on October 16,2020. This is
a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).
North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a
stormwater permit.Failure to maintain a permit subjects the owner to assessment of civil penalties.
Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found on our website at: https://deq.nc.gov/aboutldivisions/energy-
m ineral-and-land-:resources/stormwater/stormwater-program/post-construction-2.
Permits are not automatically transferred when the propertyownership changes. If this property has had an
ownership change,a permit transfer application form alon with the submittal requirements will also need to be
submitted. This form can also be found on the website provided above.
If you have any questions regarding this matter,please contact Ashley Smith at(910)796-7215 or
ashleym.smith@ncdenr.gov.
Sincerely,
Ckalbv:..L 14A
34;Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
DES/ams: 111Stormwateer\Permits&Projects\2006\060740 HD12021 08 req_ren 060740
cc: Lance Agin,Registered Agent;Port City Limited Partnership;201 North.Front Street;Wilmington,NC 28401
Home Depot U.S.A.,Inc.;;New Property Owner,2455 Paces Ferry Road;Atlanta,GA
Corporation Service Company;Registered Agent for New Property Owner;2626 Glenwood Avenue Suite 550;
Raleigh,NC 27608
Wilmington Regional Office File
`� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
DE Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Ca,olina 2i3405
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• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Limited Partnerships
Legal Name
Port City Limited Partnership
Information
Sosld: 0804314
Status: Current-Active 0
Date Formed: 9/26/2005
Citizenship: Foreign
State of Incorporation: SC
Annual Report Due Date:
Registered Agent: Agin, Lance
Addresses
Mailing Principal Office Reg Office
200 Wingo Way Suite 100 200 Wingo Way Suite 100 201 North Front Street
Mount Pleasant, SC 29464 Mount Pleasant, SC 29464 Wilmington, NC 28401
Reg Mailing
201 North Front Street
Wilmington, NC 28401