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HomeMy WebLinkAboutSW8970936_HISTORICAL FILE_20110831STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 C1-1093\-P DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS C� HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 l► 0 18 3 1 YYYYMMDD AN� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 31, 2011 Winding River Plantation Community Association, Inc. C/o Author Scureman, President 1630 Military Cutoff Road, Suite 108 Wilmington, NC 28403 Subject: Name Change / Ownership Change Clearwater Place @ Winding River Plantation Stormwater Permit No. SW8 970936 Brunswick County Dear Mr. Scureman: On July 29, 2011, the Wilmington Regional Office received a request for the transfer of ownership of the Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have inspected the project, determined that the documentation is in order, and the project is in compliance with the Stormwater permit requirements. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division of Water Quality in the Wilmington Regional Office at the phone number below. Please replace the old second page of the permit with the enclosed updated page. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call David Cox or me at (910) 796-7215. Sincerely, CD.s� Georget Scott Stormwater Supervisor Division of Water Quality GDS/ dwc: S:\WQS\Stormwater\Permits & Projects 2011 08 permit 970936 cc: Blue Green Carolina Lands, LLC Brunswick County Building Inspections Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796-72151 FAX ,910-350-20041 Customer Service:1-877-623-6748 NortelCarci na. Internet: www.ncwateuuality.org Naturally An Equal Opportunity 1 Af arative Action Employer State Stormwater Management Permit # SW8 970936 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Winding River Plantation Community Association, Inc. Clear Water Place @Winding River Plantation Goley Hewett Road, Bolivia, Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as 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 Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 30, 2017, 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 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 237,576 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development within Phase I onsite is 882 ftz. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8 970936 2. Project Name: Clearwater Place 3. Current Permit Holder's Company Name/Organization: Bluegreen Carolina Lands, LLC 4. Signing Official's Name: Partrick J?� Rondeau Title: Vice -President 5. Mailing Address: 6060 North Central Expressway, Suite 138 City: Dallas State: TX Zip: 76006 6. Phone: 5( 61 ) 912-8000 Fax: ( ) It. PROPOSED PERMITTEE / OWNER / PROJECT This request is for: (please check all that apply) RF:CEI'VED ADDRESS INFORMATION JUL 2 9 2011 ✓ Name change of the owner (Please complete Items 1, 2 and 3 below) BY: 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: winding River Plantation Community Association, Inc 2. Proposed permittee's signing official's name: Arthur SCureman 3. Proposed permittee's title: President of the Board of Directors 4. Mailing Address:1630 Military Cutoff Road, Suite 108 City: Wilmington Phone:(910 ) 755-7020 5. New Project Name to be placed on permit: _ State: NC Zip: 28403 Fax: (9101755-7025 Please check the appropriate box. The proposed permittee listed above is: ❑ra 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-P�rope gwn,e�fo ation on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final avpTo afj& this t I nsfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page -- SSW N/O Change Rev15Feb2011 Page 1 of 4 III. . 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 sianed form. This certification must b`e completed and`sian`ed;bv both tlSe" 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. 0✓ Check here if current permittee is transferring`the property to a new owner and will not retain ownership of the permit. 1, PatrickH. Rondeau,y.P.6luegreencaoilnaLands, LLC ,the current permittee, am submitting this application for a transfer of ownership for permit # swe9709316 ' 1 hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, 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 returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I Understand that this transfer of ownership Cann be approved y the DWQ unless and until the facility is incompliance with the permit. SignatuDate: 6 c 60 %Yld.n l(P1/ a Notary Public for the State of County of Afl_* ` x do hereby certify that Z-:- Nye*-cl 11,J personally appeared before me this the day of N7 u&44 t 20 // , and acknowledge the due execution of the for ing instrument. Witness my hand and official seal, ot.N ary Signature SSW N/O Change Revl5Feb2011 Page 2 of 4 (Notary Seal) CONSTANCE P. MANUEL Notary Public Commonwealthof Massachusetts Comoi My CommtWon F*rea Apd147, 2018 V. . PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) Arthur Scureman , 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) the most recent permit ✓ the designer's certification for each BMP . Fvj any recorded deed restrictions, covenants,or easements Fv� 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 I 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 maintenance agreement. 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 com leted or if all required supporting information and attachments listed above are not ed, app a ion package will be returned as incomplete. Signature: Date: /y 9 / I, T a Notary Public for the State of /Vortfi C'vc/.i�A County of do hereby certify that As- Aaz- • personally appeared before me this the day of c%i/v 20 ii , and acknowledge the due�er�,y�tion of the ��.•`N�E J Rbs forgoing instrument. Witness my hand and official seal, (NotaV430) ARV ` Not ignature Pusu"Co 0 Additional copies of the original permit and the approved Operation and Maintenance agreement can 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 / developer and the property owner will appear on the permit as permittees. SSW N/O Change Revl5Feb2011 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II 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: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Email: Fax: 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 Seal) Notary Signature SSW N/O Change Rev15Feb2011 Page 4 of 4 C200831200363 State of North Carolina Department of the Secretary of State SOSID: 0857607 Date Filed: 11/10/2008 8:20:00 AM Effective: 12/11/2008 Elaine F. Marshall North Carolina Secretary of State C200831200363 STATEMENT OF RESIGNATION OF REGISTERED AGENT Pursuant to §55D-32 of the General Statutes of North Carolina, the undersigned hereby submits the following statement: 1, Cindy York, Registered Agent , (type or print name), hereby resign my appointment as registered agent for the following entity: Clearwater Capital, LLC Entity type: ❑Corporation, ❑Foreign Corporation, []Nonprofit Corporation ❑Foreign Nonprofit Corporation, []Limited Liability Company, ❑� Foreign Limited Liability Company, []Limited Partnership, ❑Foreign Limited Partnership, ❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership 2. The undersigned certifies that written notice of this resignation as registered agent of the entity has been mailed or delivered to the entity as follows: Name and Title of Individual John M. Caldwell Address P.O. Box 10272 City, Stale, Zip Code McLean, VA 22102 3. The registered office is to be discontinued. (check here ✓ i(applicable) This the 5 day of November 20 08 Na me ty Signature Cindy York, Registered Age Type or Print Nagle and Title NOTES I. No filing fee. 'this document must be filed with the Secretary of State. 2. The appointment as registered agent is terminated, and the registered office is discontinued if so provided, on the 3Pday after the date on which this statement is filed. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form BE-07) Elaine F. Marshall SECRETARY OF STATE March 9, 2010 Clearwater Capital, LLC Not Listed, Agent P.O. Box 10272 McLean, VA 22102 a State of North Carolina Department of The Secretary of State Cheri L. Myers DIRECTOR OF CORPORATIONS NOTICE OF GROUNDS FOR REVOCATION OF CERTIFICATE OF AUTHORITY OF: Clearwater Capital, LLC Recently, this office conducted an internal review of the annual reports filed for all Limited Liability Companies in North Carolina. Unfortunately, the review indicates that the above referenced limited liability company is not in compliance with the North Carolina Limited Liability Company Act and is delinquent in delivering two (2) annual report(s). The Secretary of State is authorized by N.C.G.S. 57C-7-14 to revoke the Certificate of Authority of a foreign limited liability company if one or more grounds for revocation exist. Please note that while the revocation process has not yet been concluded, this Notice is the first step of the revocation process. In order to prevent revocation of certificate of authority, the limited liability company must file the appropriate annual report(s) within sixty (60) days from the date of this Notice. Determining Annual Reports Due You may view a listing of annual reports previously submitted to the Secretary of State's Office by clicking the link to the Corporations Division web pages at www.sosnc.com. You will need to search for your company by name, then click "File Annual Report Online." This will bring you to a listing of annual reports submitted. From this page you will be able to see if an annual report was submitted but not filed due to an error which to date has not been corrected and/or determine how many annual reports are required to become compliant. The due date for filing a Limited Liability Companys annual report is on or before April fifteenth of each year the entity is of record. Online Filing Utilize the above referenced link to the entity profile page, then click on "File an Annual Report" at the top of the page and follow the directions. The Fee is $202.00. Paper Filing You may also print a pre -populated form from the same web page by clicking "Print a pre -populated annual report form." If there are any changes, cross out the old information and enter the correct information, then mail the report and fees to the Corporations division at the address on the bottom of the form. The fee is $200.00. If you have any concerns or experience any technical difficulty with the filing process, please contact our staff at (919) 807-2225. Respectfully, The Corporations Division PO BOY 29622 RALEIGI1, NORTII CAROLINA 27626-0622 NOTICE TO REGISTERED AGENT: Under N.G.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Clearwater Capital, LLC (0857607) 39959 Catoctin Ridge Street Paeonian Springs, VA 20129 State of North Carolina Department of The Secretary of State CERTIFICATE OF REVOCATION OF REGISTRATION 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the registration of Clearwater Capital, LLC to transact business in the state of North Carolina has been revoked pursuant to the procedures set forth in N.C.G.S. Section 57C-7-14(a)(2) for failure to file an annual report effective as of the date set forth hereunder. Foreign Limited Liability Company revoked under N.C.G.S. Section 57C-7-14(b) may appeal the Secretary of State's revocation of its certificate of authority under the same procedures that a foreign corporation may appeal the revocation of its certificate of authority pursuant to N.C.G.S. Section 55- 15-32 and Section 55-15-33. This the 25th day of August, 2010 Elaine F. Marshall Secretary of State Document Id: C201023717280 L rF9 �7 h March 13, 2007 William Dorn, Registered Agent Stonebridge Caolina Homes, LLC 5211 Marina Club Drive Wilmington, NC 28409 Project Name: Clearwater Townhomes County: Brunswick County Project Number: SW8 970936 Dear Mr. Dorn: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality The Division received a stormwater management permit application on December 22, 2006. The application had already been submitted under another applicant. It is my understanding that a modified application will be forthcoming for Phase II of the Clearwater Townhomes project and that the existing pond will be transferred over at that time. Check #1512, from your consultant in the amount of $420.00, is being returned to James Huggins with his copy of this letter. Please supply the following items when you modify the current permit: ® Two sets of layout and grading plans. A completed and signed March, 1999, version permit application, SWU-101. An original signature is required. ® The appropriate offsite supplement form, March, 1999 version, SWU-106. The required permit fee of $420.00. Please resubmit the permit application package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you have any questions, please do not hesitate to call me at (910) 796-7335. Sincerely, Linda Lewis Environmental Engineer cc: James Huggins, P.E. Linda Lewis ENB/arl: S:\WOS\STORMWATER\RETURN\970936.mar07 One N �cihCarolina jl7nturn//y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: vrwe.ncwateraualitv.ore Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper