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HomeMy WebLinkAboutSW8910506_Compliance Evaluation Inspection_20180807Lewis,Linda From: Lewis,Linda Sent: Tuesday, August 07, 2018 5:30 PM To: 'Jackson D. Starling' Cc: 'Alan Lewis'; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Go acclogize. for all the., back and forth on this se-enningly simple regUest. I read back through the email suing, and I see inhere the confusion is conning in. I was told by my supervisor that the place for every lot owner to beyi n the search for more BUA and/or to approve certain surfaces or, a lot that are not counted as BUA, is with the current permit holder. I had originally believed that we reviewed t rose applications, but I am now being told that the permit holder should modify the permit first. The modification would add the necessary language and conditions to the permit so that the permit holder can review applications from the lot owners to uti;ize all the types of perviOUS surfaces available under the �'aw, and receive the BUA credit to stay below their BUA allocation. This process is a bit more difficult while there is a separate permit holder and an HOA, but once the uer►mit is transferred to the HOA, it becomes easier because the HOA can then review and approve applications from the lot owners to install #57 stone, permeable pavement and landsca,ping materials without the need to go through the Division, unless they just need some help. Linda From: Jackson D. Starling [mailtoJstarling@eces.biz] Sent: Tuesday, August 07, 2018 2:56 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc:'Alan Lewis' <alewis@eces.biz>; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Linda, Thank you for your response. We have re -reviewed Section C-5 of the Stormwater Design Manual and found the section for Plastic Turf Reinforcing Grid (PTRG). Although our design is not turf, I understand how our system technically fits under this guideline, especially since the cells of the PTRG can contain either aggregate (#57 stone) OR topsoil and turf. If we remove the grid system from our design plan and only use the 4" of #57 stone over geotextile fabric, would your department agree that the gravel portion of the driveway would be considered pervious? Thanks, Jackson Starling Lewis,Linda From: Lewis,Linda Sent: Tuesday, August 07, 2018 3:39 PM To: 'Jackson D. Starling' Cc: 'Alan Lewis'; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 The law already says that a surface of #57 stone laid at least 4" thica.: over a geotextile fabric is considered a pervious surface. Hoviiever, because there are specific design parameters in the law that need to be adhered to, you must first go to the current permit holder, Sunrise Corporate Development Limited, to have them sign off on a minor modification of the permit. The modification would be to allow the permit holder to review and approve the use of #57 stone, 4 inches deep over a geotextile fab--ic as a pervious surface on all the lots covered by the permit. The: Division contacted Ms. Dana Connelly of Sunrise Corporate Development Limited by letter dated February 6, 2015, to request that she get the permit transferred over to the HOA, but we have not received any reply to that request. Linda From: Jackson D. Starling [mailto:jstarling@eces.biz] Sent: Tuesday, August 07, 2018 2:56 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc:'Alan Lewis' <alewis@eces.biz>; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Linda, Thank you for your response. We have re -reviewed Section C-5 of the Stormwater Design Manual and found the section for Plastic Turf Reinforcing Grid (PTRG). Although our design is not turf, I understand how our system technically fits under this guideline, especially since the cells of the PTRG can contain either aggregate (457 stone) OR topsoil and turf. If we remove the grid system from our design plan and only use the 4" of 457 stone over geotextile fabric, would your department agree that the gravel portion of the driveway would be considered pervious? Thanks, Jackson Starling ECES File #2013 Lewis,Linda From: Lewis,Linda Sent: Tuesday, August 07, 2018 8:47 AM To: 'Jackson D. Starling' Cc: Alan Lewis; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Mr. Stair ling: As we discussed, the use of a plastic reinforcing grid (PTRG) is a "permeable pavement" (see Chapter C-5 of the SCM Design Manual) that requires the submission of an application, supplement form, sealed design calculators, a $505.00 applcation fee, plans & details, andan O&M greemert signed by the lot owner. Per NCAC 02H.1050(10) the recorded plat for the lot has to include the location and details of the permeable pavement, and a note that the permeable pavement is required in order to meet stormwater regulations and that the property owner may be subject to enforcement procedures as set forth in NCGS 143 Article 21 if the permeable pavement is removed, relocated or altered (i.e., paved over with conventional impervious material) without prior approval. Per NCAC 02H.1050(11), the O&M agreement also has to be recorded so as to appear in the chain of title for the lot. Linda From: Jackson D. Starling [mailtoJstarling@eces.biz] Sent: Monday, August 06, 2018 4:37 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Alan Lewis <alewis@eces.biz>; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Linda, Please review the attached Site Plan for general conformance to State Stormwater rules in regards to Permit No. SW8 910506. Shown below, for your convenience, is the email chain between you and our Client, Vince Amoroso, that he forwarded to us. You and I had a brief phone conversation on 7-23-18 regarding the use of 457 stone on a portion of the driveway to keep the lot under the existing state stormwater permit maximum BUA allocation of 4,420 sf. We have shown the area of 457 stone on our plan as well as a detail depicting the stone depth and underlying geotextile fabric. Do we need to submit any type of 457 stone exemption request and/or fee to your department for this lot? If the attached plan is OK with your department and we can use the #57 stone as shown, we will be working with Dana Connelly of Sea Trail to ensure that their Architectural Design Standards are amended to recognize ;S-SM3NN'a VMWEV-3H NOWHOvaeiasnfIS 2 SM049M W-SMBNI`JN9 -Va 91 rroa x-7ssao 6 so7 � z 3 : y 6 uitianS g 6uuBeuiSu� � lsoo,soj nu� 1 �E;>Meg f I (4Ni [4yiC m wor Nw� a=o=�=� 3 o s �� ow MEW�aa� �Qo u xaaz3 anmw N _ 1 - - a co - • rl� s s i QoyQ'CQ' Y s;p o� i € SMOn3ntlr15•SY3F1Frv',d •SU33NI'JN3 xQ,Vsurod Y'-7ssao 6 so7 .�D.d ag 9UueGu!5u,3 a � r _G3_ �•� z �❑, ,6ulAe/unS {SOON y5D3 oso2rowv-vjvl1 e & � g�� w a �., i. i : Cy �"�� ' y' ax `� ale i•_t F Of _ate_ 4a 1z, 4 Ail ctIDSaCo Lewis,Linda From: Jackson D. Starling <jstarling@eces.biz> Sent: Monday, August 06, 2018 4:37 PM To: Lewis,Linda Cc: Alan Lewis; AMOROSOVM@GMAIL.COM Subject: RE: [External] 922 Oyster Pointe Road, Sunset Beach SW8 910506 Attachments: 18-0802_Lot-9_Oyster_Pointe_Dr_SW.pdf Fallow Up Flag: Follow up Flag Status: Flagged Linda, Please review the attached Site Plan for general conformance to State Stormwater rules in regards to Permit No. SW8 910506. Shown below, for your convenience, is the email chain between you and our Client, Vince Amoroso, that he forwarded to us. You and I had a brief phone conversation on 7-23-18 regarding the use of #57 stone on a portion of the driveway to keep the lot under the existing state stormwater permit maximum BUA allocation of 4,420 sf. We have shown the area of #57 stone on our plan as well as a detail depicting the stone depth and underlying geotextile fabric. Do we need to submit any type of 457 stone exemption request and/or fee to your department for this lot? If the attached plan is OK with your department and we can use the #57 stone as shown, we will be working with Dana Connelly of Sea Trail to ensure that their Architectural Design Standards are amended to recognize Session Law 2015-149 House Bill 634. Our final Site Plan needs to be submitted to the Sea Trail Architectural Standards Committee by Mr. Amoroso for their review and approval by no later than this Friday, August 10ffi. Please let me know your thoughts in regards to this matter at your earliest convenience. Thanks, EC ES ril. ; 2013 East Coast Project Engineer 4918 Main Street Post Office Box 2469 Shallotte, North Carolina 28459 Engineers, Planne s, Surv8yu-s a starlinga-eces.biz www.eces.biz Hi Allen, It was good speaking with you this afternoon. I look forward to your help in resolving our issue. Here is the email chain of our communications with Linda Lewis. I will forward the other information shortly. Vince Vince Amoroso We do not interact with Sea Trail or Sunset Beach. The maximum BUA limit assigned' under the stormwater permit cannot be superseded by the local government regulations. You have to meet both state permit requirements and the local government requirements. You may need 2 separate permits, one from the state and one from Sunset Beach, to meet those individual requirements. I suggest you get in touch with a licensed professional who can advise and assist you in preparing the application. It stands to reason that if Sunset Beach viould allow you to have 6620 sf on your lot, then meeting the state's limit of 4420 sf would most likely satisfy the Town. If you can meet the 4420 sf limit by claiming the credit for using permc�able pavement, then you need to apply to DEMLF for a separate state stormwater permit so the Division can review the design and 2 assdre that it.rneetv. the requirements, its. ender this scenario you would not neead 4o modify the existing s orEmwester permit for the subo,'iv Zion. K you will be accepting donated built -upon area from a neighbor. then you wiil need to get in touch with the permit holder to modify the existing stormate; permit that covers all the lets in the entire Oyster Pointe subdivision and wait for that modification to be issued and the amendments r.ccrdgyd. Linda Hi Ms. Lewis, Thanks for all the information you provided, it is very helpful. However, I am still unclear as to how your office's requirements interact with Sea Trail and/or Sunset Beach. In particular, I understand that we may need a permit from your office at some point, but I am not clear on what that permit is and how it relates to Sea Trail's requirements. If you would call me or give me a number to call you to discuss this I would greatly appreciate it. Thanks, 3 Vince and Flo rAmaroso Mr. Amoroso: I can appreciate your confusion in this matter. I am net able to dictate to the current permit holder of SW8 910506, that they accommodate your request for an increase in the Built -upon area (BUA) limit for this subdivision. You will need to speak directly to the permit holder to see if they are willing to modify the permit to accommodate your request for more BUA on your lot. The BUA per lot was assigned in 1991 under the 1988 version of the stormwater, when the permit v ras originally issued to the developer of Sea Trail. It is based on a simple formula that is still in use today. The formula was meant to be applied to a project that had fairly consistent lot sizes. The stormwater rules do not mandate that the applicant make any provision for additional built -upon for larger lots. Despite our best efforts to point out to applicants how prudent that would be, we cannot mandate sensibility. I am sorry that I cannot offer you more assistance in your quest fe=- more BUA. Please note the following iterrs, vAnich are not counted as BUA: ] . Uncovered, raised, slatted decks over open ground; _'. he water surface of a swimming pool; 3. A surface of #57 stone laid at least 4 inches thick over a geotextile fabric; 4. Pervious pavement, designed per the MDC to infiltrate; ;5. rCartain landscaping materials such as gravel, sand, vegetation and mulch used in areas that receive pedestrian or bic cle traffic; 6. Certain landscaping materials such as gravel, sand, vegetation and mulch used in areas of a parking ict or driveway that are not compacted by the weight of a vehicle. This means that if you had a grave! driveway, only the area of the driveway where the tires travelled, and the area where the vehicles parked, would be counted. as BUA. The gravel area between the `tire tracks" would be counted as pervious. Another option that might he available is to ask your neighbors if they are willing to "donate" some of their BUA allocation to you. If one or more of your neighbors has not used up their 4420 sf allccation of BUA, and is willing to donate some of their allocation to you, you can then record an amendment to she restrictive covenants (following the procedure set torth in the covenants to amend them) to increa::;n the, Sl.!A on vo.Flir lot while decreasing the BUA on the "donor" lot(s) accordingly. This option can get a bit expensive because an as -built survey is required for each Io; involved in the BUA trading, unless it is currently vacani. Another expensive option is to purchase another lot in the same subdivision and reallocate some of that BUA to your other lot. Again, you will need to follow the procedure set forth in the restrictive covenants to amend the BUA limits for the 2 lots in question. Linda Hello Ms. Lewis, I was given your contact information by Brea Faircloth of Sill Clark Homes, the builder we are working with to try to build our retirement home on the above 1/2 acre lot in Sea Trail. We understand that there is a discrepancy in pervious area allowed on that lot by the Town of Sunset Beach (30%) and Sea Trail (4420 square feet). Our proposed site plan calls for 6,251 square feet of impervious, which is within the Town's maximum allowance of 6,620 square feet for that lot. However, it exceeds Sea Trail's allowance, which is 4,420 square feet for ALL lots in our area, regardless of the actual size of the lot. As an example, our lot of 22,065 square feet is subject to Sea Trail's same 4,420 square foot limit even though it is 50-100% larger than other neighboring Sea Trail lots with the same 4,420 square foot requirement. As the owners of the above lot we would like to speak to you in order to better understand the relationships among Sea Trail, Sunset Beach, and your agency as it relates to this requirement. I would greatly appreciate it if you would please give me a phone number and time so that I can call you to discuss this. Thank you for your help, Vince & Flo Amoroso 6 Weaver, Cameron From: jghn misiaszek <misiaszekjj@yahoo.com> Sent: Tuesday, July 24, 2018 6:17 PM To: Weaver, Cameron Subject: Re: RE: [External] can you help w/ storm water question . ... .. -. f. �. :: f� �S. M:[ h ]fir.[.; •C. �. ... ,:�:. :5 r � ?C::.FIi Fi•::: f�[.. :-aS..� ��• .`.S'- .. .�.�•�'- .'.i .Report Spam' .. Thanks Cameron for the quick reply. I printed out your e-mail with the permit numbers and I'll see what our HOA has. I'll e-mail you again if I need to get copies ... and when I'd be able to drive to Wilmington to pick them up. I really appreciate the information... and your time. Thanks, John On Tuesday, July 24, 2018, 5:09:42 PM EDT, Weaver, Cameron <cameron.weaver@ncdenr.gov> wrote: Mr. Misiaszek: I found two potential permits that may cover your lot area. The permit files I found are SW8 910603 and SW8 910506. You should talk to your HOA who SHOULD have records about the State Stormwater permitting in your subdivision. I can pull those files and have them available for your review if wanted; let me know if you wish to set up a file review time. We don't have capability to copy anything over 11x17 but we can make arrangements with you to get copies of large plans made at an offsite business. Copies are $.05/page. Let me know how you would like to proceed. Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEO-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington. NC 28405 NOTE NEW PHONE: 910-796-7265 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEALS NIEW WEBSITE: http://deg.nc.gov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third oarties. From: john rpisiaszek [mailto:misiaszekjj@yahoo.com] Sent: Tuesday, July 24, 2018 4:24 PM To: Weaver, Cameron <cameron.weaver@ncdenr.gov> Cc: rbaker@sunsetbeachnc.gov Subject: [External] can you help w/ storm water question Hi. Sorry to bother you..you may not be the right person to answer my question -If not can you send me to the right person? I am 3rd owner of a property in Sea Trail, Sunset Beach, NC 28468 - backing up to Oyster Bay Golf Links, #3 fairway. Due to some local flooding issues, one.of my neighbors who has lived on my street forever, told me he vaguely remembers a drainage pipe that may run along my property line. My other neighbors say its just a rumor and doesn't exist. I decided to dig a couple of exploratory trenches ..where I would put a drainage culvert / pipe ..AND I FOUND A PIPE. Black, ribbed plastic, maybe 12-18 inches diameter ... (I didn't fully excavate enough to see for sure). I also found a smaller black plastic ribbed pipe in the pond on #3 Fairway that looks like it comes from my lot's direction. I've checked my title deed, Sunset Beach Town Hall, Brunswick County Deed Registrar, Brunswick County Storm Water Management Office and Sea Trail Master Association.. No records show a pipe or drainage easement on my location. r Here is my info: John Misiaszek 910-579-7542, 611 Oyster Bay Drive, Sunset Beach, NC 28468-4321 LOT 74, PHASE 2, OYSTER POINT SUBDIVISION Recorded in MAP CABINET W, PACE 81, BRUNSCO registry also Amended Consolidated Master Declaration plan for Sea Trail Plantation, BOOK 793, Page 82 and Book 865, Page 374, Brunswick County. Does NC Sate have any information on this pipe? It is on Property Line between Lots 74 and 73 Mail address: 611 and 609 Oyster Bay Drive i appreciate any info you can provide... Thanks for your time. Cheers, John Lewis,Linda From: Lewis,Linda Sent: Thursday, June 07, 2018 11:28 AM To: 'Brea Faircloth' Subject: RE: [External] Legacy Homes by Bill Clark copy of permit Brea. Pape, copies are 5 cents / page. If ali you need is a copy of the permit, I can scar; and email it to yuu. If you need, plans, you vijili need to come in and make arrangements w th Cameron Weaver to get a copy of the pians made at a local print store at your expe;-rse. I think most places charge $3-$5 per - sheet. Please let me know a fe► - rates and times and I will check the reservation schedule for the file revie.r room. Linda From: Brea Faircloth[mailto:bfaircloth@billclarkhomes.com] Sent: Thursday, June 07, 2018 10:46 AM To: Lewis,Linda <Iinda.lewis@ncdenr.gov> Subject: [External] Legacy Homes by Bill Clark copy of permit Good Morning Linda, I was given your contact info. to schedule an appt. to come in and make a copy of storm water permit no. SW8910506. Will there be a charge for this and if so can you let me know the cost please? Thank you, Brea hf,�L,rcl i@Q lidari:i,ornes.c m 1 Lewis,Linda From: Lewis,Linda Sent: Thursday, June 07, 2018 11:41 AM To: 'Brea Faircloth' Subject: FW: [External] Legacy Homes by Bill Clark copy of permit Attachments: 199107 permitscan 910506.pdf Here is a copy of the 910506 permit and the application from 19911. Let me know if you still need to review the file or if you want a copy of the approved plan (via Cameron Weaver). Linda From: Brea Faircloth[mailto:bfaircloth@billclarkhomes.com] Sent: Thursday, June 07, 2018 10:46 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Legacy Homes by Bill Clark copy of permit Good Morning Linda, I was given your contact info. to schedule an appt. to come in and make a copy of storm water permit no. SW8910506. Will there be a charge for this and if so can you let me know the cost please? Thank you, Brea , _. bf��'rclo�:h@billclzr�hc:�nes.c�-gym ww\.nY.legacyhomesbybiilciark.con", 1 STATE OF NORT11 CAROLINA DepaMient of EavironmenW and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESs RECORD— SECTION'— TDMDATE NAME�.- REPRESEN MG � ✓� r.. l�' wf-� % Guidelines for Amew. The staff of Wilmington Regianal Once is dedicatedto making public records in our custody readily available to the public for review and copying. We also bave the re8pansFD2ity to the public to safeguard these records and to caxry out our day today program obligations. Please read carefuity the Mowing guidelines signing the form: L Due to the large public demand for fife access, we request that you call at least a day in advance to schedu% an appoiu(ment to review the files. Ap,0 1 eats w�l be scheduled between 9-.00="and 3:00P-w Viewing tune ends at 4:45pm. A.nyone arriving �yrthout an a�poi�amerit may view the Arles to the enerat that time and siaisruuer ddon is available. 2. You must specify fUes you Want to review by facillity: name. The number of files that you may review at one fto will be limited to rive. 3. You may malre copies of a file when the copier is not in use by the staff and if time perzts- Cost per copy is $.05 cents. PaY?neat may be made b� ehecl[ nioney order or cash at the reeeutia, desk. Qpjes tataling $5 (D0 or more can be invoiced for your eonvenienee. 4. � sHUE BE KgFT lIN ORDRR YOU FOUND THEM. Files may not be taket from the office. To remove, alter, deface, Mutfiete, or destroy materal in one ofthese files is a misdemeanor for which .you can be fined up to $500.00. No briefcases 'I arze Totes etc. are permitted in the Me review area. 5. In accordance with General Striae 25-3-512, a $25.00 processing fee will be charged and rollected.far checla oa which payment has been refused. FACILITY COUNTY 4. , , p� L91 1 Signature au.d.Name o iixnlBusirness Date . Please attach a business card to this form COPIES MADE PAID S:Admin.fite access Time in Time Out INVOICE A47A RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 6, 2015 Dana Connelly, Vice President Sunrise Corporate Development Limited 75 A Clubhouse Road Sunset Beach, NC 28468 Subject: Notice of Inspection — Compliant Oyster Bay Phase III aka Oyster Pointe State Stormwater Management Permit No. SW8 910606 Brunswick County Dear Ms. Connelly: Donald van der Vaart Secretary On January 22, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Oyster Bay Phase III, aka Oyster Pointe, located off old NC 179 near Ocean Harbour in Brunswick County. The inspection was conducted to determine the status of. compliance with the State Stormwater Management Permit Number SW8 910506 issued to Paul Dennis and the now dissolved Sea Trail Corporation on July 10, 1991. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. This project is remote from the boundary of the SW8 940226 Master Plan. It is unclear if this subdivision is a member of the Sea Trail Master Association, or of a different Association. As the successor to Sea Trail Corporation, Sunrise Corporate Development Limited is required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the transfer of this permit to the appropriate association. Violations of the Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. If the common areas of the subdivision have been conveyed to an association, or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our website at: http://portal.ncdenr.ora/webBr/state-stormwater-forms dots. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at linda.lewisO—ncdenr.gov. Sincerely, ad" Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report "DS1arl: 111Stormwater\Permits & Projects11991\910506 LD12015 02 CEI_compliant 910506 cc: Geo ette Scott, Wilmington Regional Office Stormwater Supervisor WiR Stormwater File 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 Compliance Inspection Report Permit SW8910506 Effective:07/10/91 Expiratlon: Project: Oyster Bay Phase III aka Oyster Pointe Owner: Sea Trail Corporation County: Brunswick Adress: Off Hwy 179 Region: Wilmington Contact Person: Dana Connelly Directions to Project: Type of Project: State Stormwater - Low Density Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 01/22/2015 Primary Inspector. Alida R Lewis Secondary Inspector(s): City/State/Zip: Sunset Bead NC 28468 Title: President Phone: 910-287-1100 Entry Time: 01:30PM Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: 0 Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 01:50PM Phone: 910-796-7215 Inspection Type: Complianoe Evaluation page: 1 Permit: SW8910506 Owner - Project: Sea Trail Corporation Inspection Date: 01/22/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: The project was inspected as a result of a request from a new lot owner in regards to the method of calculating BUA (footprint vs. dripline). It was determined that the lot is not located within a CAMA -regulated AEC, therefore, the footprint method is fine. There were no serious compliance issues. The lack of roadside swales may end up contributing to possible flooding as build -out approaches, and the assumption that the runoff will infiltrate in the front yards. The permittee will need to initiate the transfer of the permit to the Association by completing, signing and submitting a Name/Ownership Change form and the required documentation as listed on the form. page: 2 Permit: SW8910506 Owner - Project: Sea Trail Corporation Inspection Date: 01/22/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? M ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ M ❑ Signed copy of the Operation_ & Maintenance Agreement is in the file? ❑ 1:10 ❑ Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ 0 ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ 0 ❑ Comment: 1. The per lot BUA needs to be verified by the permittee. Visual observation by the Division is not sufficient to determine compliance. SW Measures Are the SW measures constructed as per the approved plans? Us No NA NE ❑ ■❑❑ Are the inlets located per the approved plans? ❑ ❑ 0 ❑ Are the outlet structures located per the approved plans? ❑ ❑ 0 ❑ Comment: 2. The approved plans indicate that roadside swales are proposed. However, these swales do not exist for the most part. Runoff appears to sheet flow off the road into the lots and infiltrate. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? 0 ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: Other Permit Conditions Yea No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment: 3. The permit remains in the name of the developer. Sea Trail Corporation. It should be transferred to the Association. page: 3 L'ewisMinda From: Lewis,Linda Sent: Thursday, January 15, 2015 10.48 AM To: Istocksland@bellsouth.net' Cc: Scott; Georgette; Walters, Randy Subject: Lot 59 Oyster Pointe (formerly Oyster Bay Phase M) Mr. Stocks: As a followup to my abbreviated voice mail of earlier today, it's my understanding after speaking with Georgette Scott that she already made you aware of the situation with this lot. The stormwater rules governing this lot do not stipulate whether the allocated BUA is to be measured from the dripline or to the foundation. The Division of Coastal Management however, does require BUA to be measured from the dripline for any lot that is within a CAMA regulated Ocean Hazard AEC or Estuarine Shoreline AEC. Mr. Walters, as the CAMA LPO for Sunset Beach, provided verification that this lot is *NOT* within either of those CAMA-regulated AEC's. Therefore, the 4420 sf of BUA allocated to this lot under permit #SW8 910506 can be measured to the foundation. Mr. Walters did not ask for a letter from the state as to this issue. What he needs is a letter from the HOA approving the proposed lot plan. Since the issue of dripline vs. foundation has been resolved for this particular lot, the HOA should check the BUA on this lot using the foundation. If they determine that the lot does not exceed 4420 sf of BUA, and that it meets all the other architectural requirements in their guidelines, they should be able to provide that approval letter for your clients to take to Mr. Walters with your building permit application. Thanks. Linda Lewis Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. .- i sit Ilk gg lot Brenda M. Clemson Roylster of Deeds U-38-2014 00:37:81.008 Brunswick County, NC MC REVENUE STAMP: $ 70.00 (#303173) Revenue Stamps: S 70.00 Parcel No. 255FE059 I��I1t1l ll �IIIII�N�JINiCIII ��Ill�lr oB...I t!3p� 0� 6' F lrlt3te@10r 6-- Im— To, liefr Int,_—.�$-- Ck$ --- Ck�Casr.$ Rebod:.-_ Gash$ . Finance t3 PoNNOIdOCUAantafeiliMlhleduebcwidiWn ofal". �[lQ�i911eA1wrneiAssbhBrenYedbY�9md �`r, id$itlNAftltlCletperrgifleuD�edeoed a•'�Died. This Instrument prepared by: The Webster Law Firm, PC, Without Opinion on Title. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Description: Lot 59, Oyster Pointe at Sea Trail Plantation NORTH CAROLINA WARRANTY DEED THIS DEED, made this 131!r day of Jme 2014, by and between Cef;75Y�i i�7 ELAINE A. SIGISMONDO, unmarried 25 Anita Drive Fitchburg, MA 01420 GRANTEE THOMAS HENRY MCCOLLUM and wife, MEGAN M. DEMARIA 19 Wassell Lane Westport, CT 06886 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH: The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, subject to the reservations and restrictions hereinafter stated, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and more particularly described as follows: BEING ALL of Lot 59, Oyster Pointe at Sea Trail Plantation as shown on that map appearing of record in Map Cabinet Y, Page 16 of the Brunswick County Registry. This conveyance is made SUBJECT TO the Master Declarations appearing of record in Book 793 at Page 82 and supplemental environmental declarations appearing of record in Book 950, Page 421 and Book 1941, Page 763 of the Brunswick County Registry, and any amendments thereto. For back reference see Book 2169, Page 1219, Brunswick County Registry. Pursuant to N.C.G.S. Section 105-317.2, the mailing address of the Grantor and Grantee are stated above. The property conveyed hereby does not include the primary residence of the Grantor. &A& 1411GA1t;'-' gx[� Fvgc UaoFFzMfl. PACE _ G�5O 421 ENVIROUPPLEMENTAL DE T;Q I L 91 JUL 24 PH 2:44 CONTROLLING A MAI&NTRAI-1Z OVER F E O O 0E=LIJ.-_0114011 �y BEEN;' A or DEEDS wHER ( �bsb t th ftb*mrer. 8�� 9 . ^D INii. N.C. Sea Trail CorporEi�Y fhe`Ca th Carolina ,ram,�,, Corporation, executed as Declarant an Amensolidated Master Declaration and Development Plan for Sea Trail Plantation Including Covenants, Conditions and Restrictions Whereas, through the execution and recording of the Amended Consolidated Master Declaration and Development Plan for Sea Trail Plan recorded in Hook �84 of the Brunswick County Registrnd s g of a map for Oyster Point aTe2ting inCa ine V, Page Ibig 218, the Corpora t�i'�a 3N�5 place rtain Covenants, Conditions and Retrictions In the Amend = 9idated Master Declaration on the real property comprising Oyster Pointe, Phase One, as recorded in Map Cabinet V, Page 218; whereas, in accordance with 15 NCAC 2H.1003(a)(2) it is required that an additional covenant or restriction he placed against thekts limiting the numb q re feet on any lot which may be co d r td surfaces. 0 �C'�} Now, � 4,� suUTH a�rt2i su act% the vn/� lots in Oyster Pointe, Phase One, Sea R'rar o-ataon as appears in Map Cabinet V, Page 218 to this additional covenant, condition and restriction: 000030 t ' PAGE � n II�11I � /7 n No more than 4,920 sgfl np lot in the 8 9z 2/j property recorded in Map Cabinet V, Page 21ll be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate, or similar materials. This covenant is intended to insure continued compliance with stormwater runo ules adopted by the State of�A4:0 K th Carolina and therefore benefi ay be enfor f North Carolina. This covena and and shall be binding ov- all r ''persons ' r them. WITNE ED this tht±- July, 1991. SEA TRAIL CORPORATION _C , Paul D. Dennis, President A S ward MMq a s cretary/Trees STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, lA,nrlc & /Qii�n , Notary Public do hereby certify that EDWARD M. GORE, SR. personally came before me this day and acknowledged that he is Secretary/Treasurer of SEA TRAIL CORPORATION, a North Carolina Corporation, and that by.authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its rporate seal and attested by him as its Secretary/Treasu WITNESS my and of July, 1991. My Commission Eapiresr //-_7 STATE OF NORTH CAROLINA, Brunswkk County The Foregaing Certirwate(s) of -- Hattie H. Brown, Notary FUMIC (izXare) en ifted w be eoxmt. Recorded this 24 day of July 19 9_�at 2'44 - odock z M Robert J. Robinson- RL1.1ter of Deeds ��` ref