HomeMy WebLinkAboutSW8070664_COMPLIANCE_20140828STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 0-IC)uul}
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
N COMPLIANCE EVALUATION INSPECTION
DOC DATE
Z D IL} 0 t5 2 S�
YYYYMMDD
Compliance Inspection Report
e
Permit: SVV8070664 Effective: 01/21/11 Expiration: 09/11/21
Project: Island Palms
Owner: Island Palms LLC
County: New Hanover Adress: 512 N 7th St
Region: Wilmington
CitylState/Zip: Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone: 910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of. US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left
on Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater- HD - Detention Pond
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s):
Related Permits:
Inspection Date: 08/28/2014 Entry Time: 08:30AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stor mwater
Facility Status: 0 Compliant ❑ Not Compliant
Question Areas:
® Slate Stormwater
(See attachment summary)
Exit Time: 09:OOAM
Phone: 910-796-7331
Inspection Type: Compliance Evaluation
page: 1
Permit: SW8070664 Owner -Project: Island Palms LLC
Inspection Date: 08/28/2014 Inspection Type Compliance Evaluation
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: Follow up to previous inspections. All items have now been received.
Reason for Visit: Follow-up
Yes No NA NE
®❑❑❑
® ❑ ❑ ❑
®❑❑❑
®❑[In
page: 2
Compliance Inspection Report
Permit: SW8070664 Effective: 01/21/11 Expiration: 09/11/21
Project: Island Palms
Owner: Island Palms LLC
County: New Hanover Adress: 512 N 7th St
Region: Wilmington
City/State/Zip: Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone: 910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left
on Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s):
Related Permits:
Inspection Date: 07/09/2014 Entry Time: 08:OOAM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: Stale Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 10:OOAM
Phone: 910-796-7331
Inspection Type: Compliance Evaluation
page: 1
r
Permit: SW8070664 Owner - Project: Island Palms LLC
Inspection Date: 07/09/2014 Inspection Type Compliance Evaluation Reason for Visit:
Follow-up
File Review
Yes
No NA NE
Is the permit active?
N
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
0
1111 ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
0
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑
0 ❑ ❑
Comment: File Review Only: This is to document that there is an error in the recorded deed restrictions.
Exhibit
A. the list of BUA/lot was not recorded.
page: 2
NC ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
September 13, 2012
Mr. Rick Rogge, Manager
Island Palms, LLC
1001 N. Lake Park Blvd
Carolina Beach, INC 28428
Division of Water Quality
Colleen H. Sullins
Director
Subject: Second Attempt: Notice of Inspection and Request for Permit Transfer
Project Name: Island Palms, SW8 070664
Location/County: New Hanover County
Dear Mr. Rogge:
Dee Freeman
Secretary
The enclosed letter was mailed to you last September but was retumed as undeliverable. I understand that Island
Palms, LLC was dissolved on April 4, 2012. However, the LLC is still the permittee for the subject State Stormwater
permit. The project was found to be in compliance, but you must file the appropriate paperwork to transfer the permit
to the Homeowner's Association because you are still responsible for winding up the business affairs of the
organization per § 55-14-05(a)(5) which states:
§ 55-14.01. Dissolution by incorporators or directors.
§ 55-14.05. Effect of dissolution.
(a) A dissolved corporation continues its corporate existence but may not carry on any business except that
appropriate to wind up and liquidate its business and affairs, including:
(1) Collecting its assets;
(2) Disposing of its properties that will not be distributed in kind to its shareholders;
(3) Discharging or making provision for discharging its liabilities;
(4) Distributing its remaining property among its shareholders according to their interests; and
(5) Doing every other act necessary to wind up and liquidate its business and affairs.
(b) Dissolution of a corporation does not:
(1) Transfer title to the corporation's property;
(2) Prevent transfer of its shares or securities, although the authorization to dissolve may provide for closing
the corporation's share transfer records;
(3) Subject its directors or officers to standards of conduct different from those prescribed in Article 8;
(4) Change quorum or voting requirements for its board of directors or shareholders; change provisions for
selection, resignation, or removal of its directors or officers or both; or change provisions for amending its
bylaws;
(5) Prevent commencement of a proceeding by or against the corporation in its corporate name;
(6) Abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution;
or
(7) Terminate the authority of the registered agent of the corporation.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-7215 1 FAX: 910-350.20041 Customer service:1-877-623-6748
Internet:w .nmaterquality org
NorthCarolina
Naturally
SW8 070664
September 13, 2012
Please submit a "HOA Name/Ownership Change Form" which is available on our website,
httb://Pogal.ncdenr.org/web/wa/ws/su/statesw/forms does under the "miscellaneous" tab by October 15, 2012.
If you have any questions, please do not hesitate to contact me at kelly.p.iohnson anncdenr.gov or (910) 796-7331.
Sincer ly,
ly JoVsof�—
vir
nonngineer
GDS/kpj: SAWQS1StormWate6Permits 8 Projects120011011118 HD12012 09letter 070664
enc: September 29, 2011 Notice of Inspection and Request to Transfer
cc: Steven Maccurry, Manager, Island Palms, LLC, PO Box 306, Carolina Beach, NC 28428
Richard Wallace, Agent of HOA, 425 Seawalch Way, Kure Beach, NC 28449
Karen Higgins, WBS-CPU
WiRO File SW8 070664
DWQ Central File SW8 070664
Pasc 2 of 2
NC®ENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
September 29, 2011
Mr. Rick Roggee, Manager
Island Palms, LLC
PO Box 306
Carolina Beach, NC 28428
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Subject: Notice of Inspection and Request for Permit Transfer
Project Name: Island Palms, SW8 070664
Location/County: New Hanover County
Dear Mr. Roggee
Dee Freeman
Secretary.
This site was inspected on November 1, 2010 and January 4, 2011. At the November inspection the only deficiency
found was that the Designer Certification was not on file. The January inspection was a meeting between the
certifying engineer and the Division to discuss the Certification. The system was certified on May 16, 2011, On
September 29, 2011, 1 conducted a file review and found that since the Certification had been submitted that the site
is in compliance with its permit which was issued September 11, 2007 and revised on January 21, 2011.
Since the permit is in compliance, please transfer the permit to the Island Palms Homeowners' Association, Inc.
(HOA). County records show that the HOA now owns the lot where'the wet pond is located (Lot 1A Pond Island
Palms). Please submit ownership transfer documentation transferring the permit from Island Palms, LLC to the HOA
by submitting one of the two name/ownership transfer forms which are available on our website,
http://portal.ncdenr.org/web/wq/ws/su/statesv7/forms does. The "HOA Name/Owner§hip Change Form" is only for
use by permittees that have developed their project under the Planned Community Act. The other "Name/Ownership
Change Form" is for all other permittees that are planning to change the name of the project or transfer their permit to
a new owner of the project or property. Once the proposed permittee receives the transfer document with all the
necessary paperwork including a compliance inspection report, the following will occur.
1.) If the "HOA Name/Ownership Change Form" is used the permit will be immediately transferred to the
proposed permittee if all criteria outlined in the form is met.
2.) If the other "Name/Ownership Change Form" is used the permit will be transferred once all the criteria in the
form is met and the proposed perminee chooses one of the options below:
a. Option 1 The HOA accepts the transfer of the current permit. The HOA should be made aware
that a first time transfer is free and the permit conditions remain the same as when the permit was
originally issued under 15A NCAC 2H A005 effective September 1, 1995 which is comment y
referred to as the 1995 Coastal Rules.
b. Option 2: If the HOA refuses the current permit then they will have to apply for their own pe rmil at
a cost of $505.00. If they do not apply for a permit they will be issued a Notice of Violation (NOV)
including possible fines for owning and operating a treatment system and discharging to surface
waters without a permit. This option will not be advantageous to the HOA because the new permit
will be issued under the 2008 Coastal Rule (SL2008-21 1) unless a vested right is presented which
allows the project to be reviewed under the 1995 Coastal Rules. However, keep in mind that
vested rights are not granted to sites that are in violation. This means the pond must be des igned
according to the standards in SL2008-211 and the latest version of the Stormwater Best
Management Practices (BMP) manual. As a resuQ, changes in permit conditions and technical
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Onc n('�
Phone: 910-796-72151FAX: 910350-20041 Customer Servii1-377-623-674A i�,Or1.j7 Le�ti Otlnu
Internee. www.ncwaterquality.org
SW8 070664
September 29, 2011
changes, such as the increase in the design storm from 1.0 to 1.5 inches, may require significant
and costly physical changes to the ponds currently serving the subdivision. All costs associated
with the permit application, the possible NOV, the design and the construction for changes to the
ponds will be the sole responsibility of the HOA.
If you have any questions, please do not hesitate to contact me at kelly.p,johnson(n�ncdenr.gov or (910) 796-7331.
Sincerely,
lt---
Environmental Engineer
GDS/kpi: S:IWQSIStormWate rlPerm'its & Projects120011011118 HD12011 09 CEI_compliant 070664
enc Compliance Inspection Report
cc: Steven Maccurry, Manager, Island Palms, LLC, PO Box 306, Carolina Beach, INC 28428
Rick Roggee, Manager, Island Palms, LLC, 1003 C Bennett Lane, Carolina Beach, NC 28428
Richard Wallace, Agent of HOA, 425 Seawatch Way, Kure Beach, NC 28449
Karen Higgins, WBS-CPU
NRO File SW8 070664
DWQ Central File SW8 070664
Compliance Inspection Report
Permit: SW8070664 Effective: 01/21/11 Expiration: 09/11/17 Owner: Island Palms LLC
Project: Island Palms
County: New Hanover ,. 512 N 7th St
Region: Wilmington
Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone: 910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left on
Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater- HD - Detention Pond
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/2912011 Entry Time: 11:15 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: Slate Stormwater
Facility Status: ® Compliant Q Not Compliant
Question Areas:
IM State Stormwater
(See attachment summary)
Exit Time: 11:20 AM
Phone: 919-733-5083
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8070664
Inspection Date: 09/29/2011
Inspection Summary:
File Review
Is the permit active?
Owner- Project: Island Palms LLC
Inspection Type: Compliance Evaluation
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Reason for Visit Complaint
Comment: Follow up toll /1/10 and 1/4/11 inspections. On 11/1/10, the only
deficiency was that the PE certification needed to be submitted. It was certified on
5/16/11. The 1/4/11 inspection was a meeting with DWQ and the certifying engineer to
discuss the certification. This file review "inspection" is to document that the site is in
compliance because the PE certification has been received.
Yes No NA NE
®nnn
®nnn
®nnn
®nnn
Page: 2
Compliance Inspection Report
Permit: SW8070664 Effective: 01/21/11 Expiration: 09/11/17 Owner: Island Palms LLC
Project: Island Palms
County: New Hanover 512 N 7th St
Region: Wilmington
Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone: 910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left on
Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater - HD - Detention Pond _
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s)
Related Permits:
Inspection Date: 09/2912011 Entry Time: 11:15 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 11:20 AM
Phone: 919-733-5083
Inspection Type: Compliance Evaluation
Page:t
Permit: SW8070664 Owner- Project: Island Palms LLC
Inspection Date: 09/29/2011 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: Follow up to 11/1/10 and 1/4/11 inspections. On 11/1/10, the only
deficiency was that the PE certification needed to be submitted. It was certified on
5/16/11. The 1/4/11 inspection was a meeting with DWQ and the certifying engineer to
discuss the certification. This file review "inspection" is to document that the site is in
compliance because the PE certification has been received.
Yes No NA NE
■nnn
■nnn
■nnn
■nnn
Page: 2
Compliance Inspection Report
Permit: SW8070664 Effective: 09/11/07 Expiration: 09/11/17 Owner: Island Palms LLC
Project: Island Palms
County: New Hanover 512 N 7th St
Region: Wilmington
Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone:910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left on
Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s)
Related Permits:
Inspection Date: 01104/2011 Entry Time: 10:00 AM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 11:00 AM
Phone:910-796-7215
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8070664 Owner- Project: Island Palms LLC
Inspection Date: 01/04/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
Project has been forclosed and me twith Jeff Malpass about certification of the stormwater system.
Page:2
JIAIt Ur* NUK1rY I.AKVLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION O JSWP DATE/TIME
NAME ��/G�?G//l ��i!l��l/� REPRESENTING SSG
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copv after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc -are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6.. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
1.nc✓
2.
3.
5.
ll hh - /h
ignature/Name of Firm or Business Date / / Time In Time Out
(Please attach business card to form if available)
# Copes: Amt. Pd:
Compliance Inspection Report
Permit: SW8070664 Effective: 09/11/07 Expiration: 09/11/17 Owner: Island Palms LLC
Project: Island Palms
County: New Hanover 512 N 7th St
Region: Wilmington
Carolina Bch NC 28428
Contact Person: Richard Rogge Title: Phone:910-352-7425
Directions to Project:
Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left on
Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24) ( SB)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/0112010
Primary Inspector: David W Cox
Secondary Inspector(s):
Entry Time: 01:30 PM
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
�.i
Exit Time: 02,30 PM
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8070664 Owner • Project: Island Palms LLC
Inspection Data: 11/01/2010 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Inspection Summary:
In order to bring this system into compliance you must perform the following:
1. Provide a Engineer's Certificate.
File Review
Yes
No
NA
NE
Is the permit active?
Is
❑
❑
Cl
Signed copy of the Engineer's certification is in the file?
❑
■
❑
Cl
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
■
❑
❑
❑
Comment: This office has not received a copy of the Engineer's Certificate.
SW Measures
Yes
No
NA
NE
Are the SW measures constructed as per the approved plans?
■
❑
❑
❑
Are the inlets located per the approved plans?
■
❑
❑
❑
Are the outlet structures located per the approved plans?
■
❑
❑
❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ Cl
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment:
Page:2