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HomeMy WebLinkAboutSW8920725_Compliance Evaluation Inspection_20180518Energy, Mineral & Land Resources ENVIRONMENTAL DUALITY May 18, 2018 Gibraltar Residential I LLC Attn: Roger A. Brush, Manager 250 Gibraltar Road Horsham, PA 19044-2323 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director Subject: Notice of File Review Inspection — Not Compliant Request for Permit Transfer Cobblestone Village State Stormwater Management Permit No. SW8 920725 Brunswick County Dear Mr. Brush: On May 18, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file review of the subject project currently operating under Stormwater Management Permit Number SW8 920725 originally issued to Niblock Development Corporation on August 3, 2005 and subsequently transferred to Gibraltar Residential I LLC, on January 14, 2014. DEMLR's research was based on a call from the Cobblestone Village HOA regarding their questions about the upcoming transfer of the permit from the developer to the HOA. The research has revealed that a copy of the recorded deed restrictions, as required by the permit, has not been submitted to the Division. If ownership of the common areas covered by this permit will be conveyed to the HOA, please note that per General Condition 111.5 of the permit, the permittee must notify the Division within 30 days of any ownership change by submitting a completed Name/Ownership Change form (now called a Permit Transfer Application form) and receiving approval from the Division. Per 15A NCAC 02H.1045 (the 2017 stormwater rules) and NCGS 143-214.7, permit transfer applications shall be accepted by the Division under one of the following scenarios: l . Upon the request of the current and proposed permittee, where both the current and proposed permittee sign the transfer application. 2. Upon the request of the current permittee to the HOA or POA, where only the durrent permittee signs the transfer application. Specific submittal requirements are listed in NCGS 143-214.7(c2). 3. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in NCGS 143-214.7(c5). The transfer application form is available on our website at: mnierai-Tana-resourceslener;7y-mnieral-land-ruleslstoirnwater-t)rogram/post-construction. The transfer application form explains the submittal requirements for each type of transfer that is available. Once all the required documents and supporting compliance documents (i.e., recorded plats, recorded deed restrictions and lot BUA verification records) have been provided, a compliance inspection of the project will be scheduled. The permit will not be transferred to the HOA until the project is determined to be in compliance with the permit. Please remember that it is your responsibility as the current permittee to complete, sign and submit the permit transfer application form to this Office at least 30 days prior to conveying the common areas of the project to the HOA, along with the required documentation listed on the form and the $505.00 application fee. Failure to notify the Division prior to conveying the common area of the project to the HOA or to transfer the permit in a timely manner are considered violations of the permit, Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. State of North Carolina 1 Environmental Quality 1 Energy, HnL al and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 'r215 State Stormwater Permit No_ SW8 920725 Pare 2 of 2 Please submit a copy of,the recorded deed restrictions by June 18, 2018. If you have any questions concerning this matter, please contact me in the Wilmington Regional Office, at telephone number (910) 796-7215 or via email at linda.lewis(a!ncdenr.<1,ov. Sincerely, Linda Lewis, E.I. Environmental Engineer III t ? GDS/arl: GAMtormwater\Permits & Projects\1992\920725 LD\2018 05 CEI_deficient 920725 cc: Lori Pearce, President, Cobblestone Village at Sunset Beach HOA Inc. PO Box 6955 OIB 28469 Town of Sunset Beach Building Inspections WiRO Stormwater Permit File State of North Caroli .. I Environmental Quality 1 Energy, Mineral .:ntj Land Ktisc:arces MmingtonRcyion.::Offic.Q i 1=r'Cardinr::DriveExten:iion I Wilna;1gton.1N:: 28405 910 i 96 7M LewisiUaAa From: Lewis,Linda Sent: Thursday, May 31, 2018 6:16 PM To: 'Tom Imperato' Cc: Parker Moncada Subject: RE: [External] Notice of File Inspection - Cobblestone Village, SW8-920725 Mr. I mperato: As indicated in my letter of May 18, 2018, in order to start the process of transferring the permit to the HO,A, you will need to complete and submit the transfer application found at this weblink: https://deg.nc.gov/aboutldivisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-program/post-construction Please include the $505.00 application fee and all the necessary documents, recorded plats, certification, BUTA verification records, etc. Once the transfer application paperwork is complete, the project will be scheduled for a physical inspection. If the inspection reveals no compliance issues, the permit will be transferred. If there are compliance issues, the permittee must resolve those issues prior to transfer. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.Ie1ais(cD,ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 141. cl., - •i ! i71. ��. �'�.,iJ. •le, it ,i,: i c r;:,:7 r .. «i r .. ._ �rzr'i,7+�G .t'� c= !Vi/r1i; r'•!Yf''t]?!!7ri f�.f!f!(r[. fr'.., ... � .. ,.., : . � c 1^ F" i�, '. �. t.: _. From: Tom (mperato[mailto:timperato@gibraltarrec.com] Sent: Thursday, May 31, 2018 12:47 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Parker Moncada <pmoncada@gibraltarrec.com> Subject: [External] Notice of File Inspection - Cobblestone Village, SW8-920725 Importance: High Ms. Lewis, We received the Notice of File Inspection you sent to Roger Brush dated May 18, 2018. In your notice, you advised us that the file is missing a copy of the recorded deed restrictions. Attached is a copy of those recorded deed restrictions; the recorded Covenants, Conditions and Restrictions; and the recorded deed transferring the common area to the HOA. Please let us know if we need anything else to update the file and prepare the permit to be transferred to the homeowners' association. Please note, we no longer own any lots or property in this community. Please let us know how we might expedite the permit transfer. Thank you for your attention and assistance with this matter. Tom Imperato Senior Asset Manager Gibraltar Real Estate Capital 250 Gibraltar Road Horsham, PA 19044 Office: 215-938-3075 Mobile: 267-544-9753 www.Gibr-altarREC.com Compliance Inspection Report Permit: SW8920725 Effective: 03/02/10 Expiration: Owner: Niblock Development Corporation Project: Cobblestone Village County: Brunswick Rice Mill Cir Region: Wilmington Contact Person: William T Niblock Title: Sunset Beach NC 28468 Phone: 704-362-5007 Directions to Project: Approx. 1.6 miles west of intersection of NC904 & NC179 right to Clubhouse Road, left onto Rice Mill Circle site on left. Type of Project: State Stormwater - Low Density Drain Areas: 1 - (Calabash River) (03-07-59 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 11/01/2013 Entry Time: 02:00 PM Primary Inspector: Christopher Baker Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ■ Compliant Q Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 02:30 PM Phone: Inspection Type: Transfer Renewal Page: 1 Permit: SW8920725 owner - Project: Niblock Development Corporation Inspection Date: 11/01/2013 Inspection Type: Transfer Renewal Inspection Summary: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: Reason for Visit: Other Page: 2