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HomeMy WebLinkAboutSW7070607_HISTORICAL FILE_20171106STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT. NO. SW %O7�9oU 7 DOGTYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATEj/ YYYYMMDD WNI,'A,° Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY Cutter Bay Development, LLC Attention: Mr. William G. Garner P.O. Box 3435 Greenville, NC 27836 Dear Mr. Garner: ROY COOPER . Governor MICHAEL S. REGAN secre,ary TRACY DAVIS uiracrar November 6, 2017 Subject: Stormwater Permit Ownership Change Stormwater Management Permit SW7070607 Cutter Bay Pamlico County It has come to our attention that Cutter Bay Development, LLC is now the owner of a project known as Cutter Bay Subdivision. The project was formerly owned by RR Development North III, LLC. We have a State stormwater permit SW7070607 for this project that needs to be reissued to the new owner. - - Please submit a completed permit ownership change application along with a $505.00 fee. Permit ownership change application forms can be found on our website at http://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- perm its/stormwater-perm its/forms. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. Sincerely, /c -2-� fog`er�K. Thorpe Environmental Engineer <-'-^Nothing Compares.—. State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Washington Regional Officr 1 943 Washington Square Mall I Washington, NC 27889 452 946 b481 /1/a?A7 Cutter Bay Development, LLC PO Box 3435 October 20, 2017 State of North Carolina Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Non -discharge System Renewal Non -discharge Permit Ownership/Name Change Cutter Bay WWTP Non -discharge Permit No. WQ0031365 Pamlico County Dear Sirs, Greenville, NC 27836 252-355-4610 IPrECTIVEDINCDEOVAIR OCT 2 3 2017 Non -Discharge Permitting Unit Enclosed please find a Non -discharge System Renewal Form NDSR 06-16 and a Non - discharge Permit Ownership/Name Change Form NDPONC 06-16 for the Cutter Bay WWTP Non -discharge Permit No. WQ0031365. Also enclosed are a number of supporting documents which include the following: 1. A copy of the original permit which includes the original operational plan. 2. A copy of the original Wastewater Collection System Extension. 3. A copy of the recorded Articles of Merger by which RR Development North III, LLC (the current permittee per your records) was merged into Cutter Bay Development, LLC, with Cutter Bay Development, LLC being the surviving entity. 4. A copy of the Amended and Restated Operating Agreement of RR Development North III, LLC dated 2013 which shows that I have been the Manager of RR Development North 111, LLC since that time and therefore have the authority to sign both Forms NDSR 06-16 and NCPONC 06-16 on behalf of that entity. The Managers are listed on page 30 (bottom of the second page of Exhibit A). 5. The most recent paid Annual Permit Fee invoice that was paid in July 2016. 6. A Compliance Inspection Report and letter prepared by Sarah A. Toppen of your Washington Regional Office dated September 29, 2017. Robert Tankard and Sarah Toppen called me a few weeks ago inquiring as to whether Cutter Bay Development, LLC wanted to renew the permit. After researching county and state records, they realized that Cutter Bay Development, LLC is now the owner of the property and they found my contact information on the Secretary of State website. r Apparently the annual permit fee invoice for this past year was lost in the merger and address change. Cutter Bay Development, LLC would like to renew the permit so we are filing the enclosed documents per Mr. Tankard's instructions. I have also enclosed a check for $1,310.00 made payable to NCDEQ — Division of Water Resources per his instructions. As further explanation, RR Development North III, LLC was the owner of the property and maintained the permit from its inception through what I believe to be April 30, 2017. As per the copy of the Articles of Merger enclosed, RR Development North III, LLC merged into Cutter Bay Development, LLC effective December 10, 2015. Cutter Bay Development, LLC is the surviving entity and therefore is the applicant on the Non - discharge Permit Ownership/Name Change form. I enclose the copy of the invoice for the Annual Permit Fee for the period 5/1/2016 through 4/30/2017 and our invoice payment approval form which authorized our escrow agent to pay this invoice back in July 2016. Mr. Tankard informs me that Cutter Bay Development, LLC only owes $1,310.00 to renew the permit and I assume that fee will cover the period 5/01/2017 through 4/30/2018. I bring this to your attention because the Compliance Inspection Report attached to Ms. Toppen's letter dated September 29, 2017, shows the permit expired on 4/30/16. It seems like that date should be 4/30/17. I assume that the report included a non -compliant finding because the permit has expired. I realize that even the April 30, 2017, date is passed and we still have an expired permit but I am assuming the forms I am filing with this letter and the enclosed check will bring us back into compliance. Please don't hesitate to call me at 252-355-4610, ext. 1, if you have any questions or need additional information. Sincerely, ✓ W. iam/ illiam Gnff Garner Manager Cutter Bay Development, LLC CC w/o enclosures: Robert Tankard State of North Carolina Department of Environmental Quality Div; :t Division of Water Resources DIvlslon of Water Resources r Reso u NON -DISCHARGE SYSTEM RENEWAL urces FORM: NDSR 06-16 L PERMITTEE INFORMATION: 1. Permittee'sname: RR be✓Ooif,A-h to Lt-C- 2. Signature authority's name: _ per 15A NCAC 02T 0106(b) Title: W'112a + 6 Ein ter, MaAa jc," 3. Permittee's mailing address: P.o. $cX 3435 City: recn✓flle State: NC Zip: 9_193,6 4. Permittee's contact information: Phone number: 35f- 4t9io Email Address: { �arne✓6 5uddenli 11. FACILITY INFORMATION: 1. Facility name: _LL4ry Bai w*TP �aWl. 2. Facility's physical address: ✓ 9 5 OCT 2 3 Z017 City: 2T Gyall State: AIC Zip: 385-93 County: Pamlico Non -Discharge III. PERMIT INFORMATION: permitt Oq Unit 1. Existing permit number: WQ003065' and most recent issuance date: r<e5 e✓1uwl a, d fi edc. dflll. 2. . Existing permit type: Select non-X5Ckarge hu w+ ihra �4�aoln 3. Has the facility been constructed? ❑ Yes or [21 No Applicant's Certification per 15A NCAC 02T .0106(b): tl\2 Authority's name & title from Application Item I.2.) that this application for i,llw F3 u WwTP (Facility name from Application Item I1.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claimagainst the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I'further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T 0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or ertl ication m any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,04 s ell civi penalti s up o $25,000 per violation. Signature: Date: FORM: NDSR 06-16 Page l of I Division of Water Resources I. EXISTING PERMITTEE INFORMATION: State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE FORM: NDPONC 06-16 1. Permittee'sname: Rat _bevA0V-meat Nos II 111,uuC- 2. Signature authority's name: per 15A NCAC 02T .0106(b) Title: _�J; iam G. Gavner, Manayc✓ 3. Permittee's mailing address: F.O. t3oy 3435 City: ji✓iew; Ile State: NC Zip: A-1930 4. Permittee's contact information: Phone number: (Kz) 3T5- (o to Email Address: not _oa✓ er sa G1e^l1'^k� �' cu n 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Permittee or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or W No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? r� Yes or ❑ No see. a 4 PJ d e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? M Yes or ❑ No , OWe 0 1,310. oo vlev II. FACILITY INFORMATION: 1. Facility name:3li_, &,y N/'%tTp 2. Facility's physical address: Hway 5S City: newali State: No Zip: )t95-93 County: PLmI, co 111. PERMIT INFORMATION: 1e ✓ Robevk Tankared 1. Existing permit number: WQ00 3t35 and most recent issuance date: Fees �; d +a erkryuyh 2. Existing permit type: Select IJon-d)sdna.ge, 3. Reason for the permit application: Select Pe" : µeo Mevgea( iAia ap�l;ca�d 4. Has the facility. been constructed? ❑ Yes or [XNo IV. APPLICANT INFORMATION: 4l3oltl 1. Applicant's name: P ullc✓ 6a7 0evelorme44-, t t.0 2. Signature authority's name: per 15A NCAC 02T .0106(b) Title: W; W.m 6t . Ua+ner , tYkana9e✓ 3. Applicant's mailing address: P.O. Rex 3'+35 City:6veenvtli� State: NC Zip: X-793(o 4. Applicant's contact information: Phone number: zsi 355= 410 10 Email Address: (9avre✓� Sa�dea 1 nk ^ 1' e m 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or M No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or N No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or M No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? W Yes or ❑ No See a 6 heof e. Has unpaid annual fees in accordance with I SA NCAC 02T .0105(e)(2)? 0 Yes or ❑ No Ie4,r Owe Tanka,o( FORM: NDPONC 06-16 Page l of Existing Permittee's Certification per 15A NCAC 02T .0106(b): \\ am 6 . a✓ ne✓ attest that this application for (Signature Authority's name & title from Application Item I.2.) name from Application Item 11.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per I5A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 well civil pe lties to $25,000 per violation. lt Signature: 1t/�h 7"•l ✓�= Date: �U Z 1 Applicant's Certification per 15A NCAC 02T .0106(b): [, W l i i 0. m 6� 6 a r e✓ attest that this application for (Signature Authority's name & title from Application Item IV.2.) name from Application Item 11.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .O 105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representatio or certi [cation in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10 0 as w I as evil pe I[ies t to $25,000 per violation. r Signature�/ : — Date: (u Z U I FORM: NDPONC 06-16 Page 2 of 2 Print Article: Plans for large Pamlico subdivision apparently scrapped Page 1 of 1 t Sun J umal Plans for large Pamlico subdivision apparently scrapped Charlie Hall 2610-61-02 16:09:34 STONEWALL — Plans for a major subdivision in Stonewall have apparently been scrapped, according to information received this week by Pamlico County officials. Attorneys for the developers of Cutter Bay sent a letter to the Pamlico County Board of Commissioners requesting a refund of nearly $3 million in water system impact fees. The Cutter Bay fees represent about half of the capital reserve fund the county has for water system improvements for its 6,000 customers. In the letter, which county officials turned over to their legal staff, it was indicated that the developers have no plans to continue with the project. Cutter Bay had been in the planning stages for more than two years, with nearly 900 homes planned on 500 acres between N.C. 55 and Bay River. Attempts to reach Cutter Bay officials were unsuccessful. Pamlico commissioners will discuss the subdivision Monday night in a closed attorney -client session at their first 2010 meeting. Paul Delamar III, chairman of the board, said this week that he did not foresee a refund coming. He said the ordinance policy has terms for refunds, within six months of payment. Cutter Bay officials sent the county a check for $2.9 million in August of 2007. Subdivision developers are required to install water lines, according to Tim Buck, the county manager. He said the impact fees covered the county making water capacity available when needed. R.R. Development North III, a limited liability company based in Charlotte, reportedly purchased the large tract of land, previously used for farming, for the subdivision for about $27 million. There was a mobile sales office across the road from the site, along with a series of billboards touting the opening of the subdivision. The 2008 dates on billboards promising the development were replaced last year with 2009, Delamar said he hoped to make the letter from the developer's attorneys public at the Monday meeting. The commissioners meet at 7 p.m. on the second floor of the county courthouse. Charfie Hall can be reached at 252-635-5667 or chall@freedomenc.com. ® Copyright 2010 Freedom Communications. All Rights Reserved. Privacy -Policy. I User Agre_e_ment I Site. Map http://www.newbernsj.com/common/printer/view.php?db=nbsj&id=55254 2/10/2010 Print Article: Pamlico County braces for water impact fees lawsuit . , Page 1 of 2 Sunurnal Pamlico County braces for water impact fees lawsuit Charlie Hall 2010-01-26 17:56:42 0 BAYBORO — The Pamlico County commissioners, bracing for a possible lawsuit from the developers of a failed upscale Stonewall subdivision, have turned down a second request for a $3 million refund of water impact fees. An attorney for Cutter Bay developers RR Development North asked the county to refund $2.7 million and keep $200,000. The impact fees represented the county's commitment to provide water capacity for the proposed community of nearly 900 homes. County attorney Jimmie Hicks sent a second letter to Raleigh attorney Robin Tatum Currin, denying the request and pointing out that the county policy for refunds extends only 60 days after a developer gets state approval of plans for a water system. The developers' plans, submitted through the county, were approved in December2007. "We have not been quote 'threatened' with a lawsuit if we don't refund the money, but the county and I are approaching this with the expectation that a lawsuit would be likely if for no other reason, it's three -million dollars," Hicks said. "The $200,000 was probably some attempt to negotiate, but how they determined $200,000 1 do not know." he said. Currin declined comment on the latest denial by Pamlico County, except to say "My clients are deciding what they are going to do. We are still analyzing our options." The Cutter Bay developers also requested that the state rescind approval of plans to build a water system at the 500-acre Cutter Bay site. Those plans were approved in December of 2007, and renewed again last month. Hicks also sent a letter to the Public Water Supply Section asking that no action be taken without approval or request from the county. He pointed out that the request for approval of plans was submitted by the county, not the developer. "They are trying to take the position that since they are not actually going to impact the water system, we're (Pamlico County) not entitled to keep the impact fee." Hicks said commissioners had not changed their position, based on the county policy. "The policy makes it very clear that when you pay this and we commit, we have to start getting ready for this, and that includes the possibility of expanding the water system, new water towers, new water treatment, new distribution lines. And, that is a long-term process." http://www.newbernsj.com/common/printer/view.php?db=nbsj&id=62635 2/10/2010 Print Article: Pamlico County braces for water impact fees lawsuit Page 2 of 2 The county has hired a new engineering firm from Greenville to address water issues, including increased water capacity. Charlie Hall can be reached at 252-635-5667 or chall@freedomenc.com. ©Copyright 2010 Freedom Communications. All Rights Reserved. Privacy -Policy i User Agreement I Site -map http://www.newbernsj.com/common/printer/view.php?db=nbsj&id=62635 2/10/2010 Items of Contention for the Cutter Bay Project In Pamlico County Total project site: 563 ac. Drains to: Bay River, Trent Crk, Swindell Bay, and Alligator Creek (SC, Sw, NSW) in the Neuse River Basin Size of inland marina lake / wet detention basin: 52ac. Total lots: 891 with 30% imp. coverage per lot Overall Impervious Area: 9% ➢ Coastal Stormwater is charged with making sure projects meet the Nutrient Removal requirements for the Neuse & Tar -Pamlico river basins but it has never been included within the SW permit that is issued. Also, what about requiring nutrient removal from other sources besides stormwater runoff, such as the marina and the groundwater lowering discharge that is being pumped into the lake / wet detention basin? ➢ Which might be the best section to address these issues, "401" or "SW", or both? ➢ Driscol's model does not account for the pollutants of the marina nor from the constant flow of groundwater being pumped into the lake. How might the marina and groundwater discharge in the lake affect Driscol's Model and the design of the lake/wet basin to meet 85-90% TSS removal? How might the marina and groundwater discharge in the lake affect the 25% nutrient removal rate for a wet detention basin? (nie groundwater discharge, 0.5M gal., that occurs daily might be roughly 25% or the I" design storm, 2M gal.) ➢ is a standard level spreader design applicable for such a large drainage area? ➢ At full build out there maybe roughly half a mill. gallons of nutrient enriched groundwater being pumped into the lake and then draining to the level spreaders on a daily basis. There may be no dry out periods during much of the year. How might this affect the buffer that the level spreaders drain to? ➢ What might be the nearest stormwater inlet into the lake from the street curb outlet pipes? Can we take a theoretical sized pond at the minimal surface area required and use that length as a distance from the outlet? ➢ Does the boat traffic have potential problems with either the 85-90% TSS removal rating or 25% Nutrient removal rating? ➢ Should we look at the General Design Criteria for all projects, 2H .1008, (6) in accordance with the Antidegradation Policy in 15A NCAC 213 .0201 and require additional measures to maintain and protect surface waters for existing and anticipated uses of those surface waters. What might some of those additional measures be? Example: Aeration by some method, fountains, diffusers, etc. How many throughout the lake? Other additional measures? ➢ The pond has 13-14 times the surface area so there is no big demand among the stormwater group to require forebays.' Should we also require additional volume beyond the I" minimum volume to be stored prior to discharge? 27, 10 yr storm? ➢ In order to say a wet pond is rated at 25% nutrient removal the 6:1 vegetated shelf should be required on the majority of the lake. How much? Some areas are planned to be bulk -headed.