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HomeMy WebLinkAboutSW8010912_Historical File_20160524Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY May 24, 2016 W. Cecil Worsley, III, Manager Morelag, LLC 123 Shipyard Boulevard Wilmington, NC 28412 Subject: Stormwater Management Permit No. SW8 010912 Rocky Point Scotchman #150 High Density Wet Pond Project Pender County Dear Mr. Worsley: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director On April 13, 2016, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form from CENAMA, LLC for the subject project. A file review and site inspection were not performed because a modified permit was issued on April 7, 2016 by DEMLR to address the noncompliance issues at the site. By acknowledging receipt of the permit and application documents, a copy of the approved plans and a copy of the required Operation and Maintenance agreement, as evidenced by your signature on the Name/Ownership Transfer form, you have accepted the responsibility for complying with all of the terms and conditions outlined in this permit. Please note that Permit No. SW8 010912 has been transferred on May 24, 2016 and shall be effective until January 9, 2020. For your records, please find enclosed a copy of the updated page 2 of the previously issued permit and a copy of the Name/Ownership Change form. Please attach this cover letter and updated page 2 to your modified high density permit issued on April 7, 2016. This permit is subject to the conditions and limitations as specified in the previously issued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of.the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be. final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis in the Wilmington Regional Office at (910) 796-7215. Sincerely, �x Tracy E. Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:\\\Stormwater\Permits & Prcj ects\200 1\0 10912 HD\2016 05 permit 010912 cc: Elizabeth Nelson, P.E., Cape Fear Engineering Pender County Planning Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources . 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I htto://nortal.nadenr.ore/web/!r/ State Stormwater Management Systems Permit No. SW8 010912 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Morelag, LLC Rocky Point Scotchman #150 13493 NC Highway 210, Rocky Point, Pender County FOR THE construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data. as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until January 9, 2020, and shall be subject to the following specified conditions and limitations: 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 1.6 of this permit. The stormwater control has been designed to handle the runoff from 366,695 square feet of impervious area of which 27,870 sf is offsite, and 180,000 sf is future. 3. The drainage area will be limited to the amount of built -upon area indicated in Sections 1.2 and 1.6 of this permit, and per the approved plans. 4. All stormwater collection and treatment systems must be located in either public rights -of -way, dedicated common areas or drainage easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and drainage easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 6 State Stormwater Management Systems Permit No. SW8 010912 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 10.22 Onsite, ft2: 408,230 Offsite, ft2: 37,142 b. Total Impervious Surfaces, ft2: 366,695 Buildings, ft2: 14,721 Parking, ft2: 142,067 Sidewalks, ft2: 2,037 Future Development, ft2: 180,000 Offsite, ft2: 27,870 (access road) C. Design Storm, inches: 1.0 d. Pond Design Depth, feet: 7.5 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 22.0 g. Permanent Pool Surface Area, ft2: 13,934 h. Permitted Storage Volume, ft3: 30,856 i. Temporary Storage Elevation, FMSL: 24.0 j. Controlling Orifice: 2" 0 pipe k. Permitted Forebay Volume, ft3: 10,900 I. Receiving Stream/River Basin: NE Cape Fear River / CPF23 M. Stream Index Number: 18-74-(47.5) n. Classification of Water Body: "B; Sw" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be entirely constructed, vegetated and operational for its permitted use within the next 180 days or prior to the construction of any additional built -upon surface, whichever occurs first. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Agreement is an enforceable part of this permit that must be followed in its entirety and maintenance must occur at the scheduled intervals. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The 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 falling water from the fountain must be centered in the pond, away from the shoreline; e. The maximum horsepower for a fountain in this pond is 1/6 horsepower. 6. The facilities shall be constructed, operated and maintained in accordance with the approved plans and specifications, the conditions of this permit, and other supporting data as attached to this permit and on file with the Division. Page 2 of 6 State Stormwater Management Systems Permit No. SW8 010912 7. 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. Significant deviations may require a permit modification. 8. If the stormwater system is 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. 9. Access to the stormwater facilities shall be maintained via an appropriately recorded access easement to the nearest public right-of-way. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, grading, etc. b. Redesign or addition to the approved amount of built -upon area or to the BMP drainage area. C. Further subdivision, acquisition, lease or sale of all or part of the project area. d. Filling in or piping a swale, altering (changing grade, flow direction, or size) or relocating, any component of the stormwater collection and conveyance system shown on the approved plan. e. The construction of any future BUA accounted for on the application. 11. The permittee shall maintain a copy of the approved plans and specifications on file at all times. 12. 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. III. GENERAL CONDITIONS 1. 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. 2. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 3. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management measures. Page 3 of 6 State Stormwater Management Systems Permit No. SW8 010912 4. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 5. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall submit a renewal application, supporting documentation and the renewal fee at least 180 days prior to the expiration date of this permit. Permit transferred and reissued this the 24th day of May 2016. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for i racy t. uavis, F-t., uirector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Management Systems Permit No. SW8 010912 Rocky Point Scotchman #150 Stormwater Permit No. SW8 010912 Pender 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 is included in the Certification. !doted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 5 of 6 State Stormwater Management Systems Permit No. SW8 010912 Certification Requirements: 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 / bypass 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 and located per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a forebay, a vegetated shelf, and a level spreader / vegetated filter. 15. The required system elevations, dimensions and areas are provided per the approved plans. cc: NCDEQ-DEMLR Regional Office Pender County Planning Page 6 of 6 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8 010912 2. Project Name: Rocky Point Scotchman #150 3. Current Permit Holder's Company Name/Organization: CENAMA, LLC 4. Signing Official's Name: W. Cecil Worsley, III 5. Mailing Address: 123 Shipyard Boulevard Title: Managing Member City: Wilmington State: NC Zip: 28412 6. Phone: 9( 10 ) 343-1991 Fax: (_� II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) C,E111L I''PR 3 2016 ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Morelag, LLC 2. Proposed permittee's signing official's name: W. Cecil Worsley, III 3. Proposed permittee's title: Managing Member 4. Mailing Address: 123 S1Mpyard Boulevard City: Wilmington State: NC Zip: Phone: 910 343-1991 5. New Project Name to be placed on permit: Fax: 28412 Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ® The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 111111. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. M Check here if current permittee is transferring the property to a new own-lona" r ownership of the permit. 1, W. Cecil Worsley, III for CENAMA LLC , the current permittee, amIve mitting this appli ion for a transfer of ownership for permit # SWs o10912 1 hereby notifWQ of the sale or other legal transfer of the stormwater system associated with this permit. I provided a copr.of the most recent permit, the designer's certification for each BMP, any record , covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be rptyfned as i omp ete. I assign all rights and obligations as permittee to the proposed permFinap med ' Sec ' ns II and V of this form. I understand that this transfer of ownership can at ed 6 the DWQ unless and until the facility is in compliance with the permit.�./1 A /n �. ,1 /„9 Signature: /JYJ /"V '"" U / Date: 03-19- I U 1, IZQ,C' ict N . Kraus , a Notary Public for the State of Wnyi'n Calrfflina , County of _Kee HeLnoyer- , do hereby certify that 1nl . CPci 1 w0Y C I -eV III personally appeared before me this the I day of N) (-c I•) , 20 ! lP , and acknowledge the due execution of the �ININIIIIII/ forgoing instrument. Witness my hand and official seal, (Notary Seal) DEL N. G ar_h&P NpTARy GN N t ry Signature MY s COMMISSION EXPIRES -ac�n2 SSW N/O Change Rev24Sept2012 Page 2 of 4 V'e'. PU13L is �C�` V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1, W. Cecil Worsley, III for Morelag, LLC , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) x❑ the most recent permit [] the designer's certification for each BMP [] any recorded deed restrictions, covenants, or easements ❑R the DWQ approved plans and/or approved as -built plans 0 the approved operation and maintenance agreement past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and m intenance agr ement. I further attest that this application for a name/ownership change is accur to and comp , to to the best of my knowledge. I understand that if all required parts of this applicati are n t co leted or if all required supporting information and attachments listed above are 4 ' cy}ycJo�f I is g ication package will be returned as incomplete. Signature: j V [,A Vv°d "VV f-t Date: 03-19 - I I, RaChP.j N . Kra.u.S , a Notary Public for the State of Nnir+YI r11LYC li noa , County of t Pew NQ.nn\ier , do hereby certify that i personally appeared before me this the i day of , 201 LP , and acknowledge the due execution of the , Nip forgoing instrument. Witness my hand and official seal, "AA`"�9 i OTAR (Notary Seal) Notary Signature - MY = COMMISSION EXPIRES VK3"(,�a-�h2Oa �°ddBl l�+ _ O�J Additional copies of the original permit and the approved Operation and Maintenance be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee i developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 APR 13 2016 Page 3 of 4 BY: VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that i will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) lecelve BY: SSW N/O Change Rev24Sept2012 Page 4 of 4 DEMLR USE ONLY Date Recgived Fee Paid Permit Number Applicable Rul ❑ oastal SW -1 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M t Plan: State of North Carolina Department of EnviYronment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Rocky Point Scotchman #150 a 2. Location of Project (street address): 13493 NC-210 City:Rocky Point County:Pender Zip:28457 3. Directions to project (from nearest major intersection): Off Hwy NC-210 on the southwest corner of the intersection of Hwy 210 and I-40 4. Latitude:340 26.445' " N Longitude:77° 52.524' " W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SWU-102 - Renewal Application Form b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number SW8 010912 , its issue date (if known) [an 9, 2006 , and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: _ ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/Permit issue date and the type of each permit: „0 5. Is the project located within 5 miles of a public airport? NNo ❑Ye ,� If yes, see S.L. 2012-200, Part VI: htlp://portal.ncdenr.org/web/lr/rules-and-regulations -M`p Vy, 6 Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 III.. CONTAC71' INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization: CENEMA, LLC C�-NYIHA f U C- Signing Official & Title: W. Cecil Worsley, III, Managing Member b. Contact information for person listed in item la above: Street Address: 123 Shipyard Boulevard City: Wilmington State: NC Zip: 28412 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 343-1991 Email: Fax: ( ) c. Please check the appropriate box. The applicant listed above is: * The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) KMDeveloper* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Morelag, LLC Signing Official & Title: W. Cecil Worsley, III Managing Member b. Contact information for person listed in item 2a above: Street Address: 123 Shipyard Boulevard City: Wilmington State: NC Zip: 28412 Mailing Address (if applicable): City: Phone: ( 910 ) 343-1991 Email: State: Zip: Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: Phone: Email: 4. Local jurisdiction for building permits: State: Zip: Fax: ( ) Point of Contact: Phone #: s Fonn SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Runoff will be directed to an on -site pond designed to treat the first 1" 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 9.37 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: 9.37 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (NFIM line or Mean High Water (MW) Hline, and coastal wetlands landward from the NHW (or= line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHM line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 83 % 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information DrahuW Area 1 Drainage Area _ Drainage Area _ Area _ Receiving Stream Name NE Cape Fear Stream Class * B Sw Stream Index Number * 18-74-(47.5) Total Drainage Area (sf) 445,372 On -site Drainage Area (sf) 408,230 Off -site Drainage Area (sf) 37,142 Proposed Impervious Area** s 366,695 % Impervious Area** (total) 1 83.0 Impervious' Surface Area Dramage Area 1 - Dramage Area — Dranuige Area — Dramage Area — On -site Buildings/Lots (sf) 14,721 On -site Streets (sf) On -site Parking (sf) 142,067 On -site Sidewalks (sf) 2,037 _ - LUi Other on -site (sf) Future (sf) 180,000 Off -site (sf) 27,870 Existing BUA*** (sf) Total (sf): 366,695 * Stream Class and Index Number can be determined at: httgaortalmcdennorMueb/`wcl[ps/csu/classifications Impermous area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only that amount of existing BUA that will remain after development. Do not report any existing BLIA that is to be removed and which will be replaced by new BLLA. Fonn SWU-101 Version Oct. 31, 2013 Page 3 of 6 11. How was the off -site impervious area listed above determined? Provide documentation. Proieets in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded fromhttp://portal.ncdenr.or�/web/wci/ws/su/bmv-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from hft://j2ortal.ncdenr.org/web/3yg/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map athgp://12ortal.ncdenr.org/web/wA/­­­ws/su/mgps.) Please indicate that the following_ required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from hft://RortaLncdenr.org/web/­`m�g/ws/­­su/statesw/forms does. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://w-ww.envhelp.org/pages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator foi additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/ Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). TA", "Alak-0 a-* Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 .p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to de ths) as well as a ma of the borin locations with the existin +' elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 45U Page No: 0292 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC_ Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hU://www.s2g!LtM.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from hh://gortal.ncdenr.org/web/lr/state-stormwater//gortal.ncdenr.org/web/lr/state-stormwater- forms dots. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Elizabeth M, Nelson, PE Consulting Firm: CaMFear EnSteering, eering, IncEn�eering, Inc Mailing Address: 151 Poole Road, Suite 100 City: Belville State: NC Zip: 28451 Phone: (910 ) 383-1044) 383-1044 Emafl:elizabeth.nelson@caRefearengineerLnZ.com eerinZ.com Fax: (910 ) 383-1045) 383-1045 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) W. Cecil Cecil WorsLS III ,III , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) W. Cecil Cecil WorsI�III with (print or type name of organization listed in Contact Information, item 1a) CEN!',MA, LLC to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. MECEIVE") MAR 17 201 a ki BY:. Form SWU-101 Version Oct. 31, 2013 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed ' me/ Owners Change Form within 30 days; otherwise I will be operating a stormwater treatment facilitythout a vaHd p it. I understand that the operation of a stormwater treatment facility without a valid it is a v' lati of NC General Statue 143-215.1 and may result in appropriate enforcement action includjn a a§se nt ' U penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: 01 V-WI/V lzX Date: 3 T I Lo - I u I, Rticorl N . Kraus v a Notary Public for the State of _NOY+h C Y01 CL County of NEW NnnQUeY do hereby certify that _W . CPCI I W Of 1:C.Y I ( I personally appeared before me this jig_ day of March 201(p, and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, �,fdAX 0i. Ud> N. 140TAF? vts% MY COMMISSION EXPIRES Z 03.0.1.2 0 0 4ZOVER GO '.SP X. APPLICANT'S CERTIFICATION SEAL My commission expires I, (print or type name of person listed in Contact Information, item 1a) W. Cecil Worsley, III certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project YAl be constructed ' conformance with the approved plans, that the required deed restrictions and protective enants�vil�be rr ded, and that the proposed project complies with the requirements of the applicable o Water es nde a NCA�H .1000 and any other applicable state stormwater requirements. Date: 3 - UP - L (.o I, R.,ache l N - Y-rau S , a Notary Public for the State of Nooh CarOII'dlCl County of N PWl H annW er do hereby certify that W • CC b I WO M ►f V I I I personally appeared before me this 1 day of May"ch 20I(m, and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, �Q GAt l 1 ��_��zA� I. V %40TA14 Y vN Mr ComtmUION EXPIRES 01-oa-2020 z 9VER 0- Form SWU-101 Version Oct. 31, 2013 SEAL My commission expires_ 03102 19-096 ECEIVE' MAR 17W'i Law Page 6 of 6 BY: Casmer, Jo From: Casmer, Jo Sent: Tuesday, April 26, 2016 8:28 AM To: 'elizabeth.nelson@capefearengineering.com' Subject: Rocky Point Scotchman #150; Stormwater Permit SW8 010912 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) received the Stormwater Permit Ownership Transfer documents on April 13, 2016. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Since we have no email address for the applicant, we ask you advise them on this status. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io.casmerO-ncdenr.g 127 Cardinal Drive Extension Wilmington, NC 28405 N:. ° thlrtg Compares—.% ,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. eteness Review Checklist Project Name: Project Location: Received Date: Accepted Date: Rule(s) 2008 Coastal Li1995 Coastal Phase II (WiRO.) L—JUniversal 1:11988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): 6/ ocr 12 F7PE Cert on File? Density: HD or LD I Type: Commercial or Residential NCG: f I%: (% OK?) I Stream Class: SA Map I L=JOffs1te to SW8 Subdivided?: Subdivision or Single Lot 1rJORW Map r7Exempt Paperwork Emailed Engineer on: Supplements) (1 original per BMP) BMP Type(s): 10&p6with correct/original signatures (1 original per BMP except LS/VFS and swales) pplication with correct/original signatures r J09ed Corp or LLC: Sig. Auth. per SoS or letter 17Email Address: Design Engineer e $505 (within 6mo) / L� Email Address: Owner []Soils Report with 5HWT �lV &J, C' Note to Reviewer: �s Calculations (signed/sealed) '56 5-' /Z� ' No obvious errors LJ6 r5 Ca,,,.,.-fes Density includes common areas, etc '4j'4-m A Deed Restrictions, if subdivided: Signed & Notarized Plans 2 Sets Grading Vicinity Map LJ-Legend Infiltration ils Report SHWT: Bottom: Additional information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Dec. Covenants & Rest/Xle i Details (roads, cul-de-sacs, curbs, sidewal , BMPs, Buildings, etc) Wetlands: Delineated or No Wetlands Layout (proposed BUA dimensions) DA Maps Project Boundaries Wet Pond Offsite Soils Report PE Cert for Master Deed Rest for Master OSHWT: PP: BUA Permitted (Master): BUA Proposed (Offsite): Proposed:. Lot #: Lot # Matches Master sf sf 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To: NCDEQ- Stormwater Attn: I Linda Lewis ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal Date: April 12, 2016 File: 900-08 "36" Subject: I Rocky Point Scotchman #150 SW8 010912 Name/Ownership Change ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 2 Original/Copy Executed Name/Ownership Change Form, SSW N/O Change 1 Copy Current Property Deed 1 Copy Cenama, Inc Articles of Amendment 1 Copy Morelag, LLC Articles of Organization • Please note that the pond has not been certified, per active permit revision En RECEI I - - ---- V REMARKS Please call if you need additional information BY: CC: File 900-08 "36" Cape Fear Engineering, Inc. Signed: Elizabeth M. Nelson, PE Received Date: APR 1..3. 2016 P:19001900-061Admin%STORMWTR1201512016-03-15 Express SubmittaR2016-03-16 Name Change Rev App12016404-12 SW Transmittal.doc P�9� 04�50 321000 !I!IIIIlII Illl��lll�illIIIII!lifjjkjj�6Lear 1 it S9hbyPROF Ponder County, p ECEIVE APR 13 20S BY. SPECIAL WARRANTY DEED Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 THE PREPARER DRAFTED THE DEED IN THIS TRANSACTION BUT NO TITLE SEARCH WAS REQUESTED AND NO TITLE SEARCH HAS BEEN PERFORMED. THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY OR THE ACCURACY OF THE LEGAL DESCRIPTION. ALL OR A PORTION OF THE PROPERTY HEREIN DESCRIBED INCLUDE THE PRIMARY RESIDENCE OF GRANTOR STATE OF NORTH CAROLINA COUNTY OF PENDER INCLUDES OR X DOES NOT Pin #s: 3235-82-5923-0000 and 3235-82-8940-0000 Revenue Stamps: $ N/A THIS SPECIAL WARRANTY DEED is made effective as of the 5th day of March, 2015 by and between CENAMA, LLC, a North Carolina limited liability company (successor by conversion to Cenama, Inc.), whose address is 123 Shipyard Boulevard, Wilmington, NC 28412 (referred to herein as "GRANTOR"), and MORELAG, LLC, a North Carolina limited liability company, whose address is 123 Shipyard Boulevard, Wilmington, NC 28412 (referred to herein as "GRANTEE"). The designation GRANTOR and GRANTEE as used herein includes said parties, their successors and assigns, and, as the context requires, words in the singular number include the plural and vice versa and genders are interchangeable. WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has bargained and conveyed, and by these presents does hereby bargain, grant and convey unto GRANTEE, its successors and assigns forever all of GRANTOR'S right, title and interest in and to that certain real property located in Pender County, North Carolina, and more 1267" Return to MTG N-20 Lft P0793 14^60 : 32'. ®26 Ponder County, f WC Register I9 II 1 fll �Ilf Deeds page 2 oghb�ROF f particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Propertv91). T'nis conveyance is made and accepted subject to all matters of record (including, without limitation, all easements, liens, encumbrances, rights of way and restrictions of record), all governmental land use statutes, ordinances and regulations, including zoning, subdivision and building regulations and ad valorem taxes for the current and subsequent years. TO HAVE AND TO HOLD the Property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto GRANTEE, its successors and assigns, in fee simple, forever. AND GRANTOR, for GRANTOR and GRANTOR's successors and assigns, does covenant to and with GRANTEE, its successors and assigns, that GRANTOR has done nothing to impair such title to the Property as GRANTOR received, and GRANTOR will warrant and defend title to same against the lawful claims of all persons claiming by, under or through GRANTOR (except for the preceding exceptions). [SIGNATURE PAGE FOLLOWS] 126779 2 1II �� ��� �I II'll03 50: 32.5 84�44 P0RIIloughbyPRO14:b0:32.000 Pander County, C Register of Deeds LeF Page 3 of 5 IN TESTIMONY WHEREOF, GRANTOR has hereunto et its hand as of the day and year first above written. CENA C By; (SEAL) W. Cecil Worsley III, Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, .I �Qit /1 �i J �r�✓ a Notary Public for New Hanover County, North Carolina, do hereby certify that W. Cecil Worsley III, Manager of CENAMA, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Date: 3- '�-'d Official Signature of Notary; N name a ears n e Printed Name of Notary: ; .4 � h P- -, j1� h, ? [As�me ape; �al] [PLACE OFFICIAL My commission expires: J /_ SEAL HERE] 126779 K]