HomeMy WebLinkAboutSW8931006_Compliance Evaluation Inspection_20201014�W3 CA,3 1 ob ce
ROY COOPER
Govemor
NCHAEL S. REGAN
secretary
BRiAN WRENN
Director
October 14, 2020
Ms. Tammy Blizzard, Executive Director
Crystal Coast Habitat for Humanity
5898 Hwy 70W, PO Box 789
Newport, NC 28570
NORTH CAROLINA
Envhwuientai Quality
Subject: Crystal Coast Habitat for Humauity — Newport Project
State Stormwater Permitting
Carteret County
Dear Ms. Blizzard:
Thank you for contacting the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) for guidance on how to obtain State Stormwater permitting for your property. The Division
has reviewed the relevant documents. The following is a summary of the situation and a recommendation which
you can forward to your consultant. A summary diagram is also enclosed.
History: There are three impacted permits: SW8 931006 (Sand Ridge Single Family), SW8 980103 (Britthaven),
and SW8 000533 (Courtesy Village)
1. Sand Ridge Subdivision (SW8 931006):
a. 11/15/1993: The Sand Ridge Subdivision project, which was originally called `Newport Sands"
was originally issued a Certification of Compliance under .1003(a)(3) (1988 Rules), which
appears to be Non -SA 301/o LD development, with runoff treated by a 5:1 grassed swale. The
original plans or Certification of Compliance are not on file. It is not clear whether the permit
covered just the 20 lots in Phase I or all 86 lots.
b. 7/12/1994: A modification approved to add two (2) additional grassed swales noted in an NOV
issued that same year.
c. 3/17/1995: A modification was approved 10 add Lots 21-83 with runoff from those lots draining
to a single wet detention pond and Lots 1-20 still draining to the grassed swales as previously
permitted. The plans for this modification were not in the file.
d. 10/20/1995: Another modification was approved to combine this project with a multifamily
project approved under SW8 950508. It appears the pond was slightly modified as well. The area
for the multifamily section was not clear in this issuance, as it was all lumped together.
i. Deed Restrictions: It is unknown if the following deed restrictions were recorded, or if
they were simply intended:
1. Lots 1-20 (Phase I) were previously platted and are restricted to 1950 sf BUA;
2. Lots 21-86 are restricted to 2050 sf BUA.
I Pond Design: The total BUA for the pond was 335,866 sf, which accounted for 148,950
sf from the lots; 25,344 sf for the eight apartment buildings; 92,292 sf for the roads; and
38,080 sf for the parking lots. The application also included the pond's surface area of
31,200 sf as BUA, which we do not require.
e. 12/21/1998: The project was modified to include the Britthaven of Newport project.
North Carolina Department of Environmental Quality I Division of Energy, Wmeral and Land Resources
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State Stormwater Permit No. SW8 931006, SW8 000533, and SW8 980103
Page 2 of , -
i. Britthaven:
1. Area Removed from SW8 931006: Eighteen lots (25-28, 67-80) and a portion of
Coachman Lane were eliminated to create the Britthaven Tract.
2. New Offsite Permit: Britthaven of Newport received a separate Offsite permit
(SW8 980103). The Britthaven area was the area previously approved to contain
Lots 25-28 and 67-80 of the Sand Ridge Subdivision.
ii. Pond Design: The total BUA for the pond was 340,687 sf, which accounted for 112,050
sf for 59 lots (not all of the lots drained to the pond); 79,436 for the roads; 25,344 sf for
the apartment buildings; 38,080 sf for the parking lots; and 85,777 sf for Britthaven as
offsite.
f. Since 1998: There have been several letters and a Notice of Inspection were sent between the
12/21/98 approval and now. An engineer's certification was received on January 31, 2001. This
project is still owned by MAR-STAL Partnership, however, there is no area still owned by MAR-
STAL Partnership and no HOA was formed for this community. This permit also expired on
12/21/2012, and so it will need to be renewed.
g. Sand Ridge Multi -Family Permit (SW8 950508 Inactive):
i. 6/13/1995: The Sand Ridge Multi -Family project was issued a Certificate of Compliance
for a multifamily project consisting of 75,136 sf draining to a wet detention pond.
ii. 10/17/2007: SW8 950508 was combined with SW8 931006 and the runoff from this
project was directed into the pond permitted under SW8 931006 instead of constructing
the originally approved pond. SW8 950508 was rescinded and is no longer active.
2. Britthaven of Newport (SW980103):
a. 5/28/1998 & 9/18/1998: The Britthaven of Newport project was issued a Notice of Violation and
subsequently a "Notice of Recommendation for Enforcement" for constructing without a permit.
b. 12/21/1998: An Offsite permit was approved to drain to the runoff from 85,777 sf of BUA to the
pond permitted under SW8 931006. This permit needs to be transferred to the new owner.
i. Permittee: This permit is issued to Britthaven, Inc., which is still and active entity with
the NC SoS.
ii. Property Owner: The property is now owned by Neuse River Corporation (deed
transferring property between Britthaven, Inc. and Neuse River Corporation is recorded
in Bk: 892 Pg: 2 with the Carteret County Register of Deeds).
3. Courtesy Village (SW8 000533):
a. 2/15/2001: An Offsite permit was issued to Mr. Leonard Farrugia. There are three central issues:
i. Permittee: The application submitted indicated that an offsite permit was appropriate.
However, it appears that Mr. Farrugia's company L&L Developers, LLC may have been
the actual property owners and therefore should have been the permittee.
ii. Permit Summary: 74,424 sf of BUA was allocated for SW8 000533. The BUA
maximum assigned to Britthaven was computed by adding the original 25,344 sf for the
buildings, the original 38,080 sf for the parking lots, and 11,000 sf for Lincoln Road,
which was taken from the 79,436 sf road total for Sand Ridge in the December 1998
permit. The SW8 931006 permit should have been "modified" yet again to show
Courtesy Village as offsite, in addition to Britthaven, but that did not occur.
iii. Pond Maintenance: This file contains a narrative statement and maintenance plan sealed
by C.T. Clayton, Sr. P.E., on October 25, 2000. This document indicates that the
"Owner" shall maintain the pond during and after construction and shall be responsible
for all routine and non -routine maintenance and for the "perpetual care of the stormwater
retention pond". It is unclear to whom the term "Owner" applies, Courtesy Village or
Sand Ridge, although it is noted here that the maintenance plan was written for Courtesy
Village.
- 1P
State Stormwater Permit No. SW8 931006, SW8 000533, and SW8 980103
Page 3 of 4
iv. Additional Issues:
1. Permit Overlap: This project overlaps the multifamily area previously approved
under SW8 931006.
2. Unpermitted Modifications:
a. This permit indicates that 74,424 square feet of BUA was allocated to
this project by SW8 931006, however that number is not stated in permit
number SW8 931006 because SW8 931006 was never modified to
include the SW8 000533 area as a separate project.
b. The area covered under this permit also includes the wet pond permitted
under SW8 931006. Again, SW8 931006 was never modified to address
this issue.
c. This project was then split in half, without a permit modification, with
"Courtesy Village I" containing the area including 5 duplexes on the
western side of Lincoln Dr. and the 2 northeastern -most duplexes on the
eastern side of Lincoln Dr.
d. The rest of the permitted area, referred to as "Courtesy Village Ir,
including the pond area permitted under SW8 931006, was sold by L &
L Developers, LLC to Crystal Coast Habitat for Humanity (Bk: 1470
Pg:259). Each of the duplex buildings in "Courtesy Village I", were
platted as individual lots. Lots 1-5 (which are the 5 duplexes on the
western side of Lincoln Dr.) are now owned by Tanlly Limited, LLC
(Bk:1370 Pg:106). Lot 6 is now owned by Willard and Cynthia Capps
(Bk: 1394 Pg: 187). Lot 7 is now owned by Wesley and Teresa Piner
(Bk: 1422 Pg: 145). The three aforementioned property transfers were
from L & L Developers, LLC.
Path Forward and Recommendation: Crystal Coast Habitat for Humanity would now like to proceed with the
development of the subject property and needs to become the master permittee because they own the pond.
1. Clarification: SW8 150203 was a permit number that was originally issued related to this permit. But it
has been withdrawn, and a new permit number will be issued. Specifically, based on the February 4,
2015 letter from the Division, this number was used as a "place holder" for a permit that was proposed to
be submitted. The permit number was later withdrawn because no application was submitted. This permit
was intended to cover the area, referred to as "Courtesy Village II". It was purchased by Crystal Coast
Habitat for Humanity from L&L Developers, LLC (Bk: 1470 Pg: 259).
2. Challenges:
b. Deed Restrictions: If the appropriate modifications had been completed, then the individual lots
would have deed restrictions limiting their impervious area per lot. It is unknown if the intended
deed restrictions were recorded. It also appears that there are lots (at least the seven duplexes)
that do not appear to have any record of intended deed restrictions.
c. SW8 931006: If there is no HOA, there is no one to take responsibility for this permit or its
requirement to limit the impervious area inside its permitted area.
State Stormwater Permit No. SW8 931006, SW8 000533, and SW8 980103
Page 4 of -v- -
3. Options:
d. Pond Re -Design: Per 15A NCAC 02H .1003(3xb), the pond could be designed to treat water at
the drainage area's full built -out potential. Unfortunately, that is likely to be a large pond. What
that means is that your engineer will have to determine the maximum amount that could be built
in the drainage area and then design the pond to hold that volume.
i. Deed Restricted Areas: These areas would have a set amount of impervious area.
ii. Non -Deed Restricted Areas: This is the difficult part. Other projects have used zoning
impervious area limits to establish the maximum impervious that could drain from non -
deed restricted areas.
e. Other: There may be other ways to solve this problem. If your consultant has another idea,
please have him/her contact me to discuss.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7335 or via email at kelly.p.johnson@ncdenr.gov.
Sincerely,
K�11 Johnsp
Environmental Engineer
DES\kpi: \\\Stormwater\Permits & Projects\ 1 993\931006 HD\2020 10 letter 931006
\\\Stormwater\Permits & Projects\2000\000533 Offsite\2020 10 letter 000533
\\\Stormwater\Permits & Projects\1998\980103 Offsite\2020 10 letter 980103
\\\StormWater\Permits & Projects\Application Requests\2020 10 Crystal Coast Habitat for Humanity Newport
enc: Summary Diagram
cc: WiRO Stormwater Permit File
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Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, September 29, 2020 2:16 PM
To: director@habitatcrystalcoast.org
Cc: Zorda, Garrett D; Hall, Christine
Subject: FW: [External] Courtesy Village, Newport NC Storm Water Permit Application
Ms. Blizzard,
Garrett and I met today to discuss this project. It is quite a complex issue. The pond is located inside two different
permits and is also on land that you all have purchased but have not yet permitted. Garrett did a great job pulling all of
this information together, but as the senior engineer here I will have to unravel this. I will be back in touch once I have
gone through all of the information.
aSW8 931006, Sand Ridge Subd ivisit
1 SW8931006, Sand Ridge Subd
S'W8 980103, Britthaven of Newpoi
SW8 OD0533, Courtesy Village
i Sold to Habitat for Humanity
4W Pond
Thanks,
Kelly
W-eU.[ iol vksovw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Zorda, Garrett D <garrett.zorda@ncdenr.gov>
Sent: Tuesday, September 29, 20201:41 PM
To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov>
Subject: FW: [External] Courtesy Village, Newport NC Storm Water Permit Application
From: Tammy Blizzard [mailto:directorCa@habitatcrvstalcoast.ore]
Sent: Wednesday, September 23, 2020 4:44 PM
To: Zorda, Garrett D <Rarrett.zorda@ncdenr.eov>
Subject: RE: [External] Courtesy Village, Newport NC Storm Water Permit Application
unless yW +►ertiy. Send
Garrett,
Thank you for returning my call this afternoon! I am determined to get this project resuscitated. As I stated, Habitat is
currently taking bids to clear the entire 4.09 acres. I will address the retention pond repairs if needed when we have a
clear property. Will there need to be another inspection?
I need to know some specifics on SWU-101. Besides the O&M document, what other documentation do you already
have that I don't have to resubmit? I have property drawings, a Storm water maintenance plan, a general contractor
license, and a warranty deed.
Here are the permit numbers I have located:
SW8150203 -- place holder permit # that expired for Courtesy Village II
SW8 000533 — Mr. Furrugia's permit Courtesy Village I
SW8 931006—Sand Ridge development permit
I appreciate your help in this matter!
v/r,
Tammy
b a wswiv
Tammy Blizzard
Executive Director
Crystal Coast Habitat for Humanity
5898 Hwy 70W, PO Box 789
Newport, NC 28570
252-223-2111, Fax 252-223-6111
Mobile# 252-725-2472
DirectortMHabitatCrystalCoastora
Habitat.vpooerationsabgmail.com
www. Ha bitat CrystalCoast. oro
From: Zorda, Garrett D [mailto:garrett.zordaCabncdenr.gov]
Sent: Friday, September 4, 2020 1:20 PM
To: Tammy Blizzard
Subject: RE: [External] Courtesy Village, Newport NC Storm Water Permit Application
Ms. Blizzard,
I just received your message and wanted to follow up with this email. The application you are talking about will need to
be submitted as a "New" application. The project number SW8150203 that you referenced was used as a placeholder,
which was a previously used method to keep track of upcoming projects like this. That practice is no longer used and
that project number has since been withdrawn because no application was submitted. As such, this project will receive a
new number once the application is received.
Hopefully this information thoroughly answers your question. If you have additional questions or concerns, please let
me know.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct *"Please note the change to my direct phone number"
aarrett.zordaOncdennoov
127 Cardinal Drive Ext.
Wilmington, NC 28405
r4OP;�41 nsaa,.ft% Jr■. ���,���,,,jjjjjj
of womrAwr" a�wawr
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tammy Blizzard <director@habitatcrystalcoast.ore>
Sent: Monday, August 3, 2020 4:29 PM
To: Zorda, Garrett D <garrett.zorda@ncdenr.eov>
Subject: (External] Courtesy Village, Newport NC Storm Water Permit Application
°Facternal emall- Do not dick links or open attaidimennts un m you vedN. Send all suspicious enroll as an attachment to
Garrett,
Thank you for returning my call so promptly. As requested, I've pulled maps, warranty deed, and Town of Newport
Stormwater Maintenance plan. (attached)
Habitat would like to resuscitate the project for our next fiscal year 2021-2022. 1 am trying to figure out how to move
forward with this project. As I stated earlier, I am a new Executive Director with a folder full correspondence dated not
later than 2/4/2C15.
My questions are:
Do we need to file a new stormwater permit?
Britthaven (retirement home) at 4.08 acres, Sand Ridge Development at 12.95 acres, and Courtesy Village I at
2.30 acres are all private properties not owed by Habitat. How do I go about breaking out Courtesy Village II
when all of these properties are existing and feeding into the retention pond?
My goal is to ask the Town of Newport to maintain the retention pond. I assume the stormwater permit has to
be resolved first.
I appreciate your help in this matter!
v/r,
Tammmyy cmw cow
,gloo
Tammy Blizzard
Executive Director
Crystal Coast Habitat for Humanity
5898 Hwy 70W, PO Box 789
Newport, NC 28570
252-223-2111, Fax 252-223-6111
Mobile# 252-725-2472
Director(MHabitatCrvstalCoastoro
Habitat.v000eration.Lg—amail.com
www. HabftatCrvsta1Coast. om
Zorda, Garrett D
From: Zorda, Garrett D
Sent: Thursday, September 24, 2020 2:39 PM
To: Christine Hall (Christine.Hall@ncdenr.gov)
Subject: Sand Ridge Subdivision (SW8 931006), Britthaven (SW8 980103), Courtesy Village (SW8
000533) and Habitat for Humanity
Attachments: sandridgeetc.pdf, kellysummary.pdf, lindasummary.pdf
Hey Christine,
As I briefly indicated yesterday afternoon, I received a call from Ms. Tammy Blizzard with Crystal Coast Habitat for
Humanity. The call yesterday, was focused on the steps for moving forward with developing their parcel, which
uncovered a larger issue that appears to have been "worked on" on and off for over a decade. Below I have tried to
summarize the situation and history, but have also included a few attachments that provide some useful insight that are
not on the G: drive (the pdf "sandridgeetc" is a scan of a google earth screenshot I took and drew over to better
understand what was going on myself. It didn't scan very well and in almost useless as is, however, I will leave my hand
drawn version on my desk if you want to take a look at it in much better detail.). In looking at the subject files, the
following is the history I have been able to uncover.:
Sand Ridge Subdivision (SW8 931006): The Sand Ridge Subdivision project was originally issued a Certification of
Compliance on 1.1/15/1993 for 20 lots under .1003(a)(3) (1988 Rules), which appears to be Non -SA 30% LD
development, with runoff treated by a 5:1 grassed swale. The original plans or Certification of Compliance could not be
found in the file, but the Certification is on the G: drive. A modification approved on 7/12/1994 appears to add two (2)
additional grassed swales noted in an NOV issued that same year. A modification was approved on March 17, 1995 that
added Lots 21-83 with runoff from those lots draining to a single wet detention pond and Lots 1-20 still draining to the
grassed swales as previously permitted. The plans for this modification were not in the file. Another modification was
approved on October 20, 1995. The 10/20/1995 approval combined this project with a multifamily project approved
under SW8 950508 (See Below). It appears the pond was slightly modified as well. The area for the multifamily section
was not clear in this issuance, as it was all lumped together. On December, 21, 1998 another modification was approved
to include the Britthaven of Newport project, which received a separate Offsite permit (SW8 980103 — See Below). The
Britthaven area was the area previously approved to contain Lots 25-28 and 67-80 of the Sand Ridge Subdivision. It also
appears the pond number were slightly changed again. This is the last approval of the permit, however, several letters
and a Notice of Inspection were sent between the 12/21/98 approval and now. An engineer's certification was received
on January 31, 2001. This project is still owned by MAR-STAL Partnership, however, there is no area still owned by MAR-
STAL Partnership and no HOA was formed for this community. This permit also expired on 12/21/2012.
Sand Ridge Multi -Family (SW8 950508 Inactive): The Sand Ridge Multi -Family project was issued a Certificate of
Compliance on 6/13/1995 for a multifamily project consisting of 75,136 sf draining to a wet detention pond. This permit
was later combined with SW8 931006 and the runoff from this project was directed into the pond permitted under SW8
931006 instead of constructing the originally approved pond. Side note: the owner is listed as an "Unknown WiRO" in
BIMS. This permit was rescinded and is no longer active.
Britthaven of Newport (SW980103): The Britthaven of Newport project was issued a Notice of Violation and
subsequently a "Notice of Recommendation for Enforcement" on May 28, 1998 and September 18, 1998, respectively,
for constructing without a permit. An Offsite permit application was eventually submitted and approved to drain the
runoff from 85,777 sf of BUA to the pond permitted under SW8 931006. This permit is still owned by Britthaven, Inc.,
which is still and active entity with the NC SoS, but the property is now owned by Neause River Corporation (deed
transferring property between Britthaven, Inc. and Neuse River Corporation is recorded in Bk: 892 Pg: 2 with the
Carteret County Register of Deeds).
Courtesy Village (SW8 000533): The Courtesy Village project was issued an Offsite permit on February 15, 2001 to Mr.
Leonard Farrugia (which is correct for how the application was filled out, but it appears that Mr. Farrugia's company L&L
Developers, LLC may have been the actual property owners and therefore should have been the permittee). This project
overlaps the multifamily area previously approved under SW8 931006. This permit indicates that 74,424 square feet of
BUA was allocated to this project by SW8 931006, however that number is not stated in permit number SW8 931006
because SW8 931006 was never modified to include the SWR 000533 area as a separate project. The area covered under
this permit also includes the wet pond permitted under SW8 931006. Again, SW8 931006 was never modified to address
this issue. This project was then split in half, without a permit modification, with "Courtesy Village I" containing the area
including 5 duplexes on the western side of Lincoln Dr. and the 2 northeastern -most duplexes on the eastern side of
Lincoln Dr. The rest of the permitted area, referred to as "Courtesy Village 11", including the pond area permitted under
SW8 931006, was sold by L & L Developers, LLC to Crystal Coast Habitat for Humanity (Bk: 1470 Pg:259). Each of the
duplex buildings in "Courtesy Village I", were platted as individual lots. Lots 1-5 (which are the 5 duplexes on the
western side of Lincoln Dr.) are now owned by Tanlly Limited, LLC (Bk:1370 Pg:106). Lot 6 is now owned by Willard and
Cynthia Capps (Bk: 1394 Pg: 187). Lot 7 is now owned by Wesley and Teresa Piner (Bk: 1422 Pg: 145). The three
aforementioned property transfers were from L & L Developers, LLC.
Crystal Coast Habitat for Humanity (SW8 150203 Inactive): This number was used as a "place holder" for a permit that
was proposed to be submitted based on the February 4, 2015 letter from Linda Lewis, but has since been withdrawn due
to no application being submitted. This was intended to cover the area, referred to as "Courtesy Village II", was
purchased by Crystal Coast Habitat for Humanity from L&L Developers, LLC (Bk: 1470 Pg: 259). Crystal Coast Habitat for
Humanity would now like to proceed with the development of the subject property, but there are several layers to
getting this entire site back into compliance. As the owners of the property where the pond is located, they have
indicated that they are willing to bring the pond into compliance.
Based on the above and the various letters/correspondence that Linda had, I could see this going a couple of ways. In
any scenario, a Master Permittee will need to be established (either the original SW8 931006 permit, which may be
difficult as no HOA exists for this community, or a new Habitat for Humanity permit, that will likely be needed anyway,
since they currently own the parcel where the pond is located). The Courtesy Village (SW8 000533) permit will also need
to somehow be transferred (not sure to who because of the way the ownership is split up) and then modified to exclude
the area now owned by Crystal Coast Habitat for Humanity and split up the BUA allocation (this permit is already an
Offsite permit, but depending on who the master permittee is, the permit may need to be updated to reflect the correct
master permit/permittee). Brookhaven of Newport appears to only need to be transferred, but also may need to be
updated based on the master permit/permittee). Where I get stumped is with the Sand Ridge Subdivision SW8 931006
permit. They no longer have ownership of the pond (and have not for a long time). Linda had previously proposed that
maybe the Crystal Coast Habitat for Humanity permit could be the new master permit and SW8 931006 be changed to
Offsite and issued to each individual homeowner. I am not sure that this would work because of the low density area of
Lots 1-20 treated by the 3 grassed swales, plus I don't think issuing a permit to each of the homeowners is a good idea to
begin with. This is especially true dealing with the current situation, as the permit is long expired. That can't be the only
way, but unless every homeowner wants to form an entity to take responsibility, I am not sure how else to work around
this. Any and all help/guidance would be very much appreciated. I am sure getting Kelly on this too would be helpful.
As I mentioned earlier today, this email was half for me to organize my notes and wrap my head around the history,
current state and potential ideas for getting this all resolved, so I apologize for the length. I am going to also keep the 3
active permits (931006, 980103 and 000533) in my office for now with this email and my hand drawn map on top so
they are all in one place.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct " Please note the change to my direct phone number"*
garrett.zordaCa ncdenr.laov
127 Cardinal Drive Ext.
Wilmington, NC 28405
wor�r++ rrnQW
From: Tammy Blizzard [mailto:director@habitatcrystalcoast.org]
Sent: Wednesday, September 23, 2020 4:44 PM
To: Zorda, Garrett D <garrett.zorda@ncdenr.gov>
Subject: RE: [External] Courtesy Village, Newport NC Storm Water Permit Application
not ckk #inks at open attachments unless you verify_ Send all suspicious email as ast
Garrett,
Thank you for returning my call this afternoon! I am determined to get this project resuscitated. As I stated, Habitat is
currently taking bids to clear the entire 4.09 acres. I will address the retention pond repairs if needed when we have a
clear property. Will there need to be another inspection?
I need to know some specifics en SWU-101. Besides the 0&M document, what other documentation do you already
have that I don't have to resubmit? I have property drawings, a Storm water maintenance plan, a general contractor
license, and a warranty deed.
Here are the permit numbers I have located:
SW8 3.50203 — place holder permit # that expired for Courtesy Village II
SW8 000533 — Mr. Furrugia's permit Courtesy Village I
SW8 931006 — Sand Ridge development permit
! appreciate your heip in this ratter!
v/r,
Tammy
for N"Wa a .
Executive C:rector
Crystal Cc: ast HaPat k i Hamsnie,•
``998 Hwy 70w, PO Bc . 7'.)
Newport. N'O 26570
252-223-2111, Fax 252-223-0111.
Adoble# 252-725-2472
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From: Zorda, Garrett D [mailto:garrett.zorda(5)ncdenr.gov]
Sent: Friday, September 4, 2020 1:20 PM
To: Tammy Blizzard
Subject: RE: [External] Courtesy Village, Newport NC Storm Water Permit Application
Ms. Blizzard,
I just received your message and wanted to follow up with this email. The application you are talking about will need to
be submitted as a "New" application. The project number SW8 150203 that you referenced was used as a placeholder,
which was a previously used method to keep track of upcoming projects like this. That practice is no longer used and
that project number has since been withdrawn because no application was submitted. As such, this project will receive a
new number once the application is received.
Hopefully this information thoroughly answers your question. If you have additional questions or concerns, please let
me know.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct '"Please note the change to my direct phone number**
garrett.zordaCcD-ncden r.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Q-3
_ r + !os
From: Tammy Blizzard <director@habitatcrystalcoast.org>
Sent: Monday, August 3, 2020 4:29 PM
To: Zorda, Garrett D <garrett.zorda@ncdenr.gov>
Subject: [External] Courtesy Village, Newport NC Storm Water Permit Application
Garrett,
Thank you for returning my call so promptly. As requested, I've pulled maps, warranty deed, and Town of Newport
Stormwater Maintenance plan. (attached)
Habitat would like to resuscitate the project for our next fiscal year 2021-2022. 1 am trying to figure out how to move
forward with this project. As I stated earlier, I am a new Executive Director with a folder full correspondence dated not
later than 2/4/2015.
My questions are:
Do we need to file a new stormwater permit?
Britthaven (retirement home) at 4.08 acres, Sand Ridge Development at 12.95 acres, and Courtesy Village I at
2.30 acres are all private properties not owed by Habitat. How do I go about breaking out Courtesy Village II
when all of these properties are existing and feeding into the retention pond?
My goal is to ask the Town of Newport to maintain the retention pond. I assume the stormwater permit has to
be resolved first.
I appreciate your help in this matter!
v/r,
Tammy
' Habitat
W Humor,
r. r-I
Executive Director
Crystal Coast Habitat for Humanity
5898 Hwy 70W, PO Box 789
Newport, NC 28570
252-223-2111, Fax 252-223-8111
Mobile# 252-725-2472
DirectorAHabitatCrvstalCoast org
Habitat.v000erations6ftmail.com
February 4, 2015
Ms. Kris Durham, Executive Director
Crystal Coast Habitat for Humanity
PO Box 789
Newport, NC 28570
Subject: Request for Stormwater Permit Application
Courtesy Village II
Stormwater Permit No. SW8 150203
Carteret County
Dear Ms. Durham:
The Division has decided upon a course of action and is moving forward with the permit
modifications that are needed in order for Habitat for Humanity to start construction of Courtesy
Village 11. You had originally submitted a signed Name/Ownership Change Form which
accepted the transfer of permit SW8 000533 for Courtesy Village from Leonard Farrugia.
Because Habitat for Humanity only purchased a portion of the tract covered by that permit, it is
not possible for the Division to approve that transfer. Mr. Farrugia will need to retain his permit
to cover the existing Courtesy Village I development. However the Division will modify that
permit to reflect the loss of the project area you purchased.
The Division has created a new registered project number for Courtesy Village 11, SW8 150203,
which has been assigned a high density wet detention pond regulated activity. In order to issue
that permit to you, please submit a completed and signed SWU-101 application and wet pond
O&M document. The application should utilize 2 drainage area columns, one for the overall
pond drainage area and BUA, and one for just the BUA associated with Courtesy Village 11.
Please include all of the built -upon area that the pond will treat, as per the attached breakdown.
You will also need to provide a deed restriction document that assigns a maximum BUA limit to
each of the proposed lots in Courtesy Village 11.
A permit application package includes a completed and signed SWU-101 application form, a
detailed narrative, 2 sets of proposed plans, and a completed and signed wet detention pond
O&M document. The usual $505.00 fee will be waived. After Mr. Farrugia's permit (SW8
000533) is modified, the Division will change the regulated activity on the Sand Ridge permit
(SW8 931006) from "HD -Wet Detention Pond" to "Offsite", and send copies of that revised
permit to each of the lot owners in Sand Ridge. All of this will take place while we wait to receive
your application so that upon receipt of the required application, the Division can issue your new
high density permit for the construction of Courtesy Village II with the wet pond that also treats
these two offsite projects.
Please submit the requested application materials by March 4, 2015. If you have any questions,
please do not hesitate to call me at (910) 796-7343 or email me at linda.lewisamcdenr.gov.
Sincerely,
Linda Lewis
Environmental Engineer III
GDS\arl: G:\WQ\\Shared\Stormwater\Penits & Projects\2015\150203 HD\2015 02 req_SWapp 150203
cc: Leonard Farrugia, Manager, L&L Developers, LLC, 545 Gillikin Rd., Beaufort28516
Amy Wang, Attorney, Ward and Smith P.A.
Town of Newport Building Inspections
Wilmington Regional Office Stormwater File
Ms. Durham
February 4, 2015
SW8 150203
Proposed breakdown of the Drainage Area for the proposed Courtesy Village II pond:
Total Drainage Area: 23.42 acres
Britthaven 4.08 (Offsite)
Sand Ridge S/D 12.95 (Offsite)
Courtesy Village 1 2.30 (Offiste)
Courtesy Village II 4.09 (on -site)
Built -upon area 340,687 sf
Britthaven 85,777
Building 27,742
Parking 57,135
SW 900
Sand Ridge 180,486
Lots 112,050
Streets 68,436
The original Courtesy Village was permitted for 74,424 sf of BUA. We need to figure out
how much BUA to allow to cover the existing BUA at Courtesy Village I:
Courtesy Village I
Buildings (7x 2000)
14,000
Lincoln Drive
12,870 sf (495 x 26)
Driveways (800 x 7)
5,600
Other (264 x 7)
1,848
Future
782
Total BUA to be allocated to Courtesy Village
Courtesy Village II (Habitat)
Total BUA available = (74424 — 35100) = 39,324
Proposed Road 13,638
Leftover for Lots 25,686
BUA per lot (9 lots) 2,854 sf maximum.
POND DATA (as taken from the SW8 931006 permit.)
Design Depth 6.5 feet
TSS 90%
Provided Surface Area @ PP
Permanent pool elevation
Storage elevation
Storage Volume provided
Orifice Size
17,510 sf
24 fmsl
26 fmsl
40,406 cf
2.75" diameter
35,100
Page 2 of 2
Cc: Scott, Georgette
Sub;zct: RE: Sand Ridge / Courtesy Village
Linda,
If I understand what you are saying, the Sand Ridge Permit (SW8 931006) will die a natural death without a renewal and
those homeowners/homesites will contribute to the new CCHH permit as off -site. If that is the case, then we will do
nothing further on behalf of Mr. Stallings' Estate with regard to the permit.
Thanks,
Amy
IAmy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P.A.
1001 College Court (28562) 1 Post Office Box 867
New Bem, NC 28563-0867
P: 252.672.551§ 1 F: 252.672.5477 1 M: 252.675.7269 _ Q
V-card I www.wardandsmith.com
If you have received this confidential message in error, please destroy it and any attachments
without reading, printing, copying or forwarding it. Please let us know of the error immediately so
that we can prevent it from happening again. You may reply directly to the sender of this message.
Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from
Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated
otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you.
From: Lewis,Linda fmailto:Iinda.lewisOncdenr.gov]
Sent: Friday, July 18, 2014 1:29 PM
To: Amy P. Wang - 5516
Cc: Scott, Georgette
Subject: Sand Ridge / Courtesy Village
Amy:
Ms. Kris Durham sent me the attached letter, indicating that Crystal Coast Habitat for Humanity would take over the
pond and maintain it until the Town of Newport takes it over. They also promise to restore the pond to design condition
as part of the transfer. The Town might take over t.he maintenance, but I don't think they will take over the actual
administration of the permit (BUA limits, etc.)
What I may do is just give Habitat a new permit instead of allowing Courtesy Village (Mr. Farrugia) to transfer his. It will
list all of the entities and offsite permits that use this pond for their treatment. I won't worry about reissuing Sand
Ridge's permit now. I can just change their regulated activity in our database from high density to offsite and put a copy
of the Habitat permit in each of the files. I will require Mr. Farrugia to modify 000533 to keep his development under
that permit (it's already offsite).
That might work.
Linda Lewis
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
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NCDENR
North Carolina Department of Environment and. Natural Resources
Pat McCrory
Governor
June 24, 2014
Kris Durham, Executive Director
Crystal Coast Habitat for Humanity
PO Box 789
Newport, NC 28570
Subject: Permit Transfer Request for
Courtesy Village
Stormwater Permit No. SW8 000533
Carteret County
Dear Ms. Durham:
John E. Skvarla, III
Secretary
On March 4, 2014, the Division received a request to transfer the subject stormwater permit from Mr.
Leonard Farrugia. This project has a complicated history, as indicated on the attached project event
summary sheet. MAR-STAL, LLC, is the permittee of record for the regional wet detention pond that
serves runoff from a portion of the Sand Ridge Subdivision under SW8 931006, Courtesy Village under
SW8 000533 and Britthaven under SW8 980103.
It appears that the property the pond sits on was included as part of the January 22, 2014, deed
transfer from Mr. Farrugia to Crystal Coast Habitat for Humanity. Is that correct? If Crystal Coast
Habitat for Humanity does indeed own the pond property, then our way forward becomes a bit clearer.
As per the compliance inspection report dated June 9, 2014, the pond is in a state of disrepair and must
be restored to design condition (or at least a written promise to restore it) before the Division will
transfer the existing permit or issue a new one. If the Division cannot locate or elicit a response from
the now dissolved corporate entity, Mar-Stal, LLC, then is Habitat in a position to accept the
responsibility of restoring and maintaining the pond?
There are a number of entities that are permitted to use and benefit from the pond, but I am not sure if
Mar-Stal, LLC, ever entered into a contractual maintenance agreement with any of those entities to pay
a share of the maintenance costs. In order to keep those 9 proposed lot owners in Courtesy Village
Two from being saddled with the entire financial burden of maintaining the pond, I urge you to look into
that situation and get those entities, Courtesy Village Phase I, Sand Ridge Subdivision and Britthaven,
to agree to contribute their fair share of the maintenance costs. Although these entities are permitted to
utilize the pond, entering into the necessary contractual obligations for maintenance is the responsibility
of the permittee, not the State. This will not affect the Division's ability to transfer or issue the permit,
but will unfairly affect these lot owners in the future if it's not addressed up front.
A decision needs to be made as to what happens to the existing Phase I of Courtesy Village. Phase I
was, and still is, subject to the SW8 000533 permit. If Mr. Farrugia only sold you a portion of the project
area covered by SW8 000533, then by transferring the permit to Habitat, the responsibility for Phase I
of Courtesy Village will in effect, fall to Habitat. If Phase I was not part of the property conveyance to
Habitat, then Mr. Farrugia should retain a modified version of SW8 000533 to cover Phase I of
Courtesy Village and make an allocation of built -upon area for Courtesy Village Two. Habitat will then
need to apply for a new permit for Courtesy Village Two, and add the pond (assuming Habitat owns the
pond property.)
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004
Ms. Durham
June 24, 2014
Page 2 of 2
The existing Sand Ridge permit under SW8 931006 expired on December 21, 2012. If the
Division adds the pond to the new/transferred permit for Habitat, then a new expiration date
will be provided with that new permit, and the regulated activity for the existing Sand Ridge
Subdivision permit under SW8 931006 will be modified to an offsite, with no expiration date.
Unfortunately, it appears that Mar-Stal, LLC, did not form the Sand Ridge HOA, therefore,
there is no entity to send a modified permit to. An association needs to be formed, or we
may need to consider issuing the permit to all of the lot owners. Having an association will
also benefit Habitat as the association can enter into a contractual agreement with Habitat
for the costs of maintaining the pond.
The offsite permit for Britthaven under SW8 980103, will need to be slightly modified to
refer to the correct permit number of the offsite facility that treats its runoff, whether that is
SW8 000533 or a new permit number. The Division should be able to make that correction
without any input on your part or documentation from Britthaven.
Please address these items above and let us know of your decision in writing by July 24,
2014. If you have any questions, please do not hesitate to call me at (910) 796-7343 or
email me at Iinda.lewisc5-ncdenr.gov.
Sincerely,
e'� O&C'�
Linda Lewis
Environmental Engineer III
GDS1arl: G:1WQI1Shared\Stormwater Permits & Pmjects120001000533 Offsite12014 06 letter 000533
cc: Art Denning, PLS
Leonard Farrugia,
Wilmington Regional Office Stormwater File
What needs to happen in order to transfer the existing Courtesy Village permit SW8 000533 to
Habitat for Humanity-
1. The pond is in a state of disrepair and must be restored to design. If the Division cannot
locate or elicit a response from the now dissolved corporate entity, MAR-STAL, LLC,
then Habitat for Humanity must accept the responsibility to restore the pond as part of
the permit transfer.
2. A decision needs to be made as to what happens to the existing Phase I of Courtesy
Village. The existing permit that Habitat is asking to have transferred to them includes
Phase I of Courtesy Village. Is Habitat willing to accept the responsibility for Phase I of
Courtesy Village?
a. If yes, then the regulated activity for SW8 000533 permit must be modified to
high density and the existing pond under 931006 must be added to the 000533
permit.
b. If no, then Habitat must apply for a new permit for Courtesy Village Two alone
and add the existing pond permitted under SW8 931006 to the new permit. Mr.
Farrugia would need to modify the existing 000533 offsite permit to reflect the
loss of the project area associated with Phase II.
3. The regulated activity for the existing Sand Ridge Subdivision permit under SW8 931006
must be modified to offsite. Unfortunately, there is no Sand Ridge HOA to send the
modified permit to. This is the biggest hurdle to overcome. We either need an
association to be formed, or we may need to consider issuing the permit to all of the lot
owners.
4. The offsite permit for Britthaven under SW8 980103, will need to be slightly modified to
refer to the correct permit number of the offsite facility that treats its runoff, whether that
is SW8 000533 or a new permit number. The Division would be able to make that
correction without any documentation from Britthaven.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
February 1, 2014
Arey W. Grady, III, Registered Agent
Mar-Stal, LLC
PO Drawer 889
New Bem, NC 28563
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 931006
Sand Ridge Subdivision
Carteret County
Dear Mr. Grady:
On September 1, 2011, staff of the former Division of Water Quality sent the attached letter (copy) to James M.
Stallings, Jr., Manager, advising that the stormwater permit for Sand Ridge Subdivision would be expiring on
December 21, 2012 and requesting that a renewal application be submitted by June 21, 2012. It is my understanding
that James M. Stallings, Jr., has passed away. Please accept our sincerest condolences for your loss. Unfortunately,
the Division received no response to the letter and the Sand Ridge stormwater permit has now expired without being
transferred to a new owner, developer or HOA.
Habitat for Humanity has purchased what was the multi -family tract in Sand Ridge at one time, now called Courtesy
Village, out of foreclosure. Leonard Farrugia holds an offsita permit, SW8 000533, issued by the Division on February
15, 2001, which allows Courtesy Village to utilize the wet pond currently permr to Sand Ridge as the BMP which
treats their stormwater runoff, from a maximum of 74,424 square feet of built -upon area. Mr. Farrugia, only built a
few of the permitted duplex buildings before the bank foreclosed. Habitat plans to change the remaining development
from duplexes to single family lots.
On November 7, 2013, the NC Secretary of State notified Mar-Stal, LLC that they had grounds for administrative
dissolution for failing to file an annual report. The LLC was given 60 days to file the annual report, or until January 7,
2014. If the required annual report has not been filed, and dissolution of the LLC results, please understand that
constitutes a change of ownership. You must file a completed and signed Name/Ownership Change Form to initiate
the process of transferring the permit to the current owner, developer or HOA, after the renewal application and fee
has been submitted.
Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may not carry on
any business except those acts necessary to wind up and liquidate its business and affairs. As the registered agent
for the permittee corporate entity, please make sure that the renewal application, fee and Name/Ownership change
form is completed, signed and returned to the Division. Please provide whatever information you have regarding
ownership of Sand Ridge and whether an HOA exists (copy of NCSOS filing), if the common areas of the subdivision
were conveyed to the HOA (copy of the deed), and who owns the property that the permitted wet pond sits on (copy
of the deed), as soon as possible. There are a few scenarios that are possible depending on whether an HOA has
been formed or not, and who owns the property that the wet pond is situated on, as listed below:
A) If the wet pond is located on common area that has been conveyed to an existing HOA, then the HOA
should request that the existing 931006 permit be renewed, transferred to them and modified to call out
Courtesy Village as "Offsite" to the Sand Ridge pond. The modification could also include a revision to
the BUA allocation for Courtesy Village, if needed and if agreed to by the HOA. The Courtesy Village
oflsite permit would then be transferred to Habitat for Humanity.
B) If Sand Ridge has no HOA, one must be formed so that they can become a permittee for either the
renewed and transferred 931006 permit covering the subdivision and the wet pond or the modified
931006 permit to an offsite. If the subdivision employs a management company, the permit can be
issued to all of the lot owners in care of the management company.
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-72151 Fax: (910) 350-2004
Mr. Grady
February 7, 2014
Stormwater Permit No. SW8 931006
C) If the wet pond is located on property now owned by Habitat for Humanity, then Habitat for Humanity
must request that the offsite permit for Courtesy Village under SW8 000533 be transferred to Habitat,
and then later modified to become the "Master" permit for the wet pond. The Sand Ridge HOA must
modify the existing 931006 Master permit to an offsite permit.
I have enclosed a copy of the "Summary of Events" for this project and its related permits, and a change of
ownership form, which you should be able to sign on behalf of the Current Permittee, Mar-Stal, LLC. The last annual
report filed with the NC Secretary of State for Mar-Stal, LLC, also listed Frank Marmarose and Patrick McCullough as
managers. The mailing address for these individuals is the same as Mr. Stallings, PO Box 778, Havelock. Please
confirm that this is a correct mailing address for these individuals and I'll make sure that they each receive a copy of
this letter.
There was a document in the file called the Stormwater Maintenance Plan which alluded to the fact that Courtesy
Village was responsible for maintaining the wet pond. Do you have any information on this? Since that agreement
appears to be between Mar -Stall and Mr. Farrugia, and since the stormwater permit covering the wet pond was not
transferred to Courtesy Village, the maintenance responsibility for that pond currently resides with Mar-Stal, LLC.
The Division requests the courtesy of a response to this letter no later than March 7, 2014. If you have any questions,
please feel free to contact Linda Lewis in the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources at (910) 796-7343.
Sincerely,
J c.S�
Georgette Sco
Stormwater Supervisor
Enclosures: Summary of Events/ Stormwater Maintenance Planfrransfer of Ownership Form
GDS/ad: G:1WQ1Shared\StormwateAPermits & Projects11993 \931006 HD12014 02 req_ren 931006
cc: James M. Stallings, III (150 Avon Drive, Hubert NC 28539)
Art Denning, P.L.S., (PO Box 310, Morehead City, NC 28557) representing Habitat for Humanity
Wilmington Regional Office Stormwater File
Page 2 of 2
January 24, 2014
Project summary for SW8 931006 (Sand Midge Subdivision)
Related projects: SW8 000533 (Courtesy Village) and SW8 980103 (Britthaven of Newport)
The original permit for SW8 931006 is no longer in the file. The subdivision was apparently called Newport Sands
then and apparently covered just a low density subdivision, but it is not clear whether the permit covered just the 20
lots in Phase I or all 86 lots.
On June 13,1995, a separate high density permit was issued to Mar-Stal Partnership for Sand Ridge Apartments
under SW8 950508. This tract is located adjacent Sand Ridge Subdivision with runoff to be treated in a wet detention
pond.
The location and size of the permitted wet pond changed, so the developer decided to modify the 931006 permit to
include the Sand Ridge Apartments development and wet pond that were already permitted under SW8 950508. On
October 20,1995, a modified high density permit for SW8 931006 was issued to cover the 86 lot subdivision and the
multifamily tract. Not all of the lots in the subdivision drained to the pond. Lots 1-20 (Phase 1) were previously platted
and are restricted to 1950 sf BUA; Lots 21-86 are restricted to 2050 sf BUA. The total BUA for the pond was 335,866
sf, which accounted for 148,950 sf from the lots; 25,344 sf for the eight apartment buildings; 92,292 sf for the roads;
and 38,080 sf for the parking lots. The application also included the pond's surface area of 31,200 sf as BUA, which
we do not require.
On December 18,1998, the 931006 permit was modified again to account for changes due to the sale of a portion of
the property for the development of Britthaven of Newport. Eighteen lots (25-28, 67-80) and a portion of Coachman
Lane were eliminated to create the Britthaven Tract. The 931006 permit was modified to account for the changes,
and an offsite permit for Britthaven under SW8 980103 was issued on December 21,1998. The 931006 modified
permit increased the overall BUA treated by the pond to 340,687 sf, which accounted for 112,050 sf for 59 lots (not
all of the lots drained to the pond); 79,436 for the roads; 25,344 sf for the apartment buildings; 38,080 sf for the
parking lots; and 85,777 sf for Britthaven as ofilsite.
In April 2000, the Division received a copy of the Notice of Receipt of an Erosion Control Plan for a project called
Courtesy Village owned by Leonard Farrugia. The reviewer of the project mistakenly identified this tract as being
"offsite" to the Sand Ridge Subdivision permit, when in fact it was a part of the on -site project area. Had the reviewer
understood the full situation, I think it would have been permitted different. In the end, Courtesy Village was issued
an "offsite" permit SW8 000533, on February 15, 2001 for 74,424 sf of BUA. The BUA maximum assigned to
Britthaven was computed by adding the original 25,344 sf for the buildings, the original 38,080 sf for the parking lots,
and 11,000 sf for Lincoln Road, which was taken from the 79,436 sf road total for Sand Ridge in the December 1998
permit. The 931006 permit should have been "modified" yet again to show Courtesy Village as offsite, in addition to
Britthaven, but that did not occur.
The pond appears to be situated on Courtesy Village property, and Courtesy Village appears to be responsible for
maintaining it. The Courtesy Village file contains a narrative statement and maintenance plan sealed by C.T. Clayton,
Sr. P.E., on October 25, 2000. This document indicates that the "Owner" shall maintain the pond during and after
construction and shall be responsible for all routine and non -routine maintenance and for the "perpetual care of the
sthrmwater retention pond". It is unclear to whom the term "Owner" applies, Courtesy Village or Sand Ridge,
although it is noted here that the maintenance plan was written for Courtesy Village. If true, we should probably
convert the Courtesy Village permit to be the "Master", convert Sand Ridge to an offsite permit and correct
Britthaven's offsite permit to reflect the new Master permit number.
The 931006 permit expired on December 21, 2012, despite several letters to Mar-Stal, LLC, advising of the permit
extension and requesting a renewal application by June 21, 2012. I made a phone call and discovered that James M.
Stallings, Jr., has passed away and that there is no HOA to transfer the permit to. This is troubling from the aspect of
not being able to renew or convert the Sand Ridge permit to offsite.
Courtesy Village has been purchased by Habitat for Humanity, and they want to modify the remaining development
from duplexes to single family lots. Perhaps as part of the modification, we can require Courtesy Village to become
the master permitee and then convert the expired Sand Ridge permit to offsite and reissue it to all 68 of the
homeowner's in Sand Ridge.
A&'A'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins pee Freeman
Governor Director Secretary
September 1, 2011
James M. Stallings, Jr., Manager
MAR-STAL, LLC
P.O. Box 778
Havelock, NC 28532
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 931006
Sand Ridge Subdivision
Carteret County
Dear Mr. Stallings:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 931006 to MAR-STAL
Partnership for a High Density project on December 21,1998, with a Permit Extension letter issued on March 2, 2011. This
permit expires on December 21, 2012. Per 15A NCAC 2H.1003(h) (the stdrr mwater rules), applications for permit renewals shall
be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at.
$505.00. If this is still an active project please complete and submit the enclosed renewal application prior to June 21, 2012. If
this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If
YOU have sold "the project please provide the name, mailing address and phone number of the person or entity that is now
responsible for this permit. Enclosed iss-a form for change of ownership, which should be completed and submitted if the
property has changed hands. -
Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system,
a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to
certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and
supporting documentation. If you have not already provided a Designer's Certification to our office, please include a copy with
your permit renewal request and processing fee. A copy of the certification form is enclosed for your convenience.
You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility
without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action
including the assessment of civil penalties of up to $10,000 per day.
If you Have any questions, please feel he to contact David Cox at (910) 796-7318.
Sincerely,
Georgette Scott
Stormwater Supervisor
GDS/dwc SAWQS0ormwaterlPermils & Projecfs119931931006 HD1201109 req_ren 931006
cc: Wilmington Regional Office File
encl.
Wilmington Regional Ofte
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748
Internet: www.ncwateTUality.org. _r, ; _
W ne
iCaro ' a
Elaine F. Marshall
SECRETARY OF STATE
November 7, 2013
MAR-STAL, LLC
Arey W. Grady, III., Agent
P. O. Drawer 889
New Bern, NC 28563
A
State of North Carolina
Department of the Secretary of State Cheri L. Myers
a r DIRECTOR OF CORPORATIONS
NOTICE OF GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF: MAR STAL, LLC
Recently, this office conducted its periodic internal review of annual reports filed in this office for Limited
Liability Companies in North Carolina. Unfortunately, the review indicates that the above referenced limited
liability company is delinquent in filing at least one annual report and consequently, is not in compliance with
the North Carolina Limited Liability Company Act.
The Secretary of State is authorized by N.C.G.S. 57C-6-03 to administratively dissolve a limited liability
company if grounds for dissolution exist. Failure to file the annual report is grounds for Administrative
Dissolution. This Notice is the first step of the dissolution process. In order to prevent administrative
dissolution, the limited liability company must file the appropriate annual report(s), or show to the
Corporation's Division of the Secretary of State within sixty (60) days from the date of this Notice that each
ground determined does not exist.
Determinine Annual Reports Due
A list of your annual reports submitted to date is viewable by clicking the link to the Corporations Division
web page at www.sosnc.com. Search for your company by name and then click "File Annual Report Online".
From this page you will be able to see both, if an annual report was submitted but not deemed in "file" status
due to an error that to date has not been corrected and determine how many annual reports are required. The
due date for filing a Limited Liability Company's annual report is April 15. One report is required for each
year beginning the year after the year of creation.
Online Filing
Utilize the above link to the entity's profile page, then click "rile an Annual Report" at the top of the page and
follow the directions. The fee is $200.00 plus a $2.00 transaction fee. Please keep in mind that these filing
fees are neither retained nor spent by the Secretary of State's Office, instead they are deposited with the State
Treasurer and are expended by the General Assembly of North Carolina.
Pager Filing
You may also print a pre -populated form at the web address stated above by clicking 'Print a Pre -Populated
Annual Report Form". Changes can be made on the fellable pdf prior to printing the report. Mail the report
and fees to the address at the bottom of the form. The fee is $200.00.
If you have any concerns or experience technical difficulty with the filing process, please contact our staff at
(919) 807-2225 or send an email to notice@sosnc.com
Respectfully,
The Corporations Division
PO BOX 29622
CA201107401360
SOSID: 0463163
Date Filed: 3/15/20112:23:00 PM
LUffrED LIABILITY COMPANY ANNUAL REI Elaine F. Marshall
North Carolina Secretary of State
0 CA201107401360
NAME OF LIMITED LIABILITY COMPANY: MAR STAL, LLC
SECRETARY OF STATE ID NUMBER: 0463163 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2011
1. NAME OF REGISTERED AGENT: Arey W. Grady , III.
"Otago LWOW
[J Changes
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS S COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
416 Pollock Street P. O. Drawer 889
New Bern, NC 28560 Craven New Bern, NC 28563
• I' 62 . •:. i•�
1. DESCRIPTION OF NATURE OF BUSINESS: Apartment Rends
2. PRINCIPAL OFFICE PHONE NUMBER: (252) 447-0965 3. PRINCIPAL OFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
604 East Main Street
Havelock, NC 28532 Craven
S. PRINCIPAL OFFICE MAILING ADDRESS
604 East Main Street
Havelock NC 28532
SECTION C: MANAGERS / MEMBERS / ORGANIZERS (Enter additional Managers / Members / Organizers in Section E.)
NAME: James M Stallings Jr. NAME Frank Marmarose
TITLE: Manager
ADDRESS:
P.O. Box 778
Havelock, NC 28532
NAME: Patrick McCullough
TITLE: Manager TITLE: Member Manager
ADDRESS: r ADDRESS:
P.O. Box 778
Havelock, NC 28532
PO Box 778
Havelock, NC 28532
SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirely by a person / business entity.
44 && '1, -&-AbI
RNA�
St'TURE DATE
Form must be sped by s Manager f Member salad under SWIM C of ft form.
Print or Type Name of Manager I Member TITLE
THIS ENTITY DOES NOT O ALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010-31
SUMIIT THIS ANNL,I/L REPORT WITH THE REQUIRED FILING FEE OF 3200
MAIL TO: Secretary of State. Carporedone DhAsion. Pat M9 Banc 29545. Raleigh, NC 2M64=
M"�m'3 nnual r E-Filed AReport
w
LIMITED LIABILITY COMPANY 5341161
ANNUAL REPORT Do not data enter manually.
NAME OF LIMITED LIABILITY COMPANY: J. S. ENTERPRISES OF SWANSBORO, LLC
REPORT FOR THE YEAR: 2013 STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER: 0592806
NATURE OF BUSINESS: home sales
REGISTERED AGENT: Stallings, James Morris Ill
REGISTERED OFFICE MAILING ADDRESS: 150 Avon Drive
Hubert, NC 28539
REGISTERED OFFICE STREET ADDRESS: 150 Avon Drive
Hubert, NC 28539 Onslow County
PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 326-6637
PRINCIPAL OFFICE MAILING ADDRESS: 714 W Corbett Avenue, Suite 8
Swansboro, NC 28584
PRINCIPAL OFFICE STREET ADDRESS: 714 W Corbett Avenue, Suite 8
Swansboro, NC 28584
MANAGERS/MEMBERS/ORGANIZERS:
Name: James MStallings Ill
Title: Manager
Address:
150 Avon Dr
Hubert, NC 28539-4439
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
James M Stallings III
FORM MUST BE SIGNED BY A MANAGERIMEMBER
James M Stallings III
4/25/2013
DATE
Manager
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525