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HomeMy WebLinkAboutSW8000216_HISTORICAL FILE_20200103STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 O O Q Q 16 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS L HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2029 D I 17 3 YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director January 3, 2020 Shallotte Crossing, LLC, managed by Aston Properties, Inc. Mr. Steven Townley, CFO 610 East Morehead Street, Suite 100 Charlotte, INC 28202 NORTH CAROLINA Environmental Quality Subject: Permit Renewal, Transfer under 15A NCAC .1045 (1)(c), Request for Permit Modification/ Notice of Inspection Notice of Inspection / Request for Permit Modification State Stormwater Management Permit No. SW8 000216 Shallotte Crossing Brunswick County Dear Mr. Townley: Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit Permit Renewal: On November 27, 2019, the Wilmington Regional Office received a request to renew the subject permit which expired on May 17, 2014. Since the original permittee Alcon, LLC has dissolved, and a permit transfer request had been received from the incoming permittee, Shallotte Crossing, LLC, the incoming permittee signed to renew the permit. The permit is now effective January 2, 2020 until May 17, 2022. Permit Transfer: On January 2, 2020, the Wilmington Regional Office received a request to transfer ownership of the subject state stormwater management permit under the provisions of 15A NCAC .1045 (1)(c). Staff of DEMLR has inspected the project and reviewed the available documentation, and determined that the project is currently not in compliance with the terms and conditions of the state stormwater permit. The deficiencies are summarized in the Request for Permit Modification/ Notice of Inspection section of this cover letter as well as the Plan of Action and Schedule which you signed on November 21, 2019. The Division has determined that the provisions of 15A NCAC .1045 (1)(c) have been met as indicated by the supporting documents and findings listed below: 1. The successor -owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form; 2. The successor -owner holds title to the property on which the permitted activity is occurring. Reference is made to the deed recorded on August 25, 2000 in DB 1398 PG 1348 with Brunswick County. 3. The successor owner has not proposed any substantial changes to the permitted activity. 4. The updated permit does not impose new or different terms - it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. D_E Q;5 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ��+���o•+.� / 910.796.7215 By signing the Permit Transfer Application Form and acknowledging 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, you have accepted the responsibility for complying with the terms and conditions outlined in this permit, including the correction of the deficiencies outlined in the inspection report., The Division is hereby notifying you that the subject permit has been transferred on January 3, 2020 per the requirements of 15A NCAC .1045 (1)(c). For your records, please find enclosed an updated permit, a copy of the inspection report, and a copy of the Permit Transfer Application form. Please keep this permit on file at all times. 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 signed Operation and Maintenance agreement. Any modifications to this project must be submitted to DEMLR 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. Request for Permit Modification Notice of Inspection: I understand that you all plan to modify the permit: 1. To further subdivide the permit in order to show an offsite tract for Home Depot (HD Development of Maryland, Inc.) which is partially located on the existing Outparcel 2; 2. Reflect changes based on the construction of the Highway 130 connector road along the west side of the property by NCDOT; 3. Show the mini -mall that has been constructed; 4. Move/modify the spillway on the pond; 5. There are potentially other changes as well. For instance, I know that a restaurant has requested an impervious allocation to expand their patio. 6. No changes to Outparcel 1 (currently occupied by Chili's under SW8 040227); The following maintenance is needed: 1. The emergency weir is not located or built to the permitted design; 2. Rip rap is pushing flow from the 72" RCP to the main pond instead of the forebay; 3. There is an additional pipe located in the main pool across from the outlet. You have requested to have the permit transferred to you before compliance is achieved. Please find the attached Plan of Action and Schedule which you signed on November 21, 2019. This document details the compliance issues that need to be addressed by February 28, 2019. You are required to notify this office by this date that these items have been resolved. The mailing address is located at the bottom of this letter. Failure to provide the requested information is a violation of the permit. If the requested information is not submitted to this office by the February 28, 2019, then DEMLR staff will re -inspect the site and may issue a Notice of Violation. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, D — a S. Daniel Smith, Director Division of Energy, Mineral and Land Resources GDS/kpj: G:\\\Stormwater\Permits & Projects\2000\000216 HD\2020 01 permit 000216 enc: Renewal Application Transfer Application 0&M Agreement Plan of Action and Schedule cc: Mr. Bryan E. Smith, PE, Aston Properties 610 E. Morehead Street, Suite 100, Charlotte, NC 28202 Brunswick County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 000216 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL & LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Shallotte Crossing, LLC Shallotte Crossing Shallotte Crossing Parkway, Shallotte, Brunswick County FOR THE construction, operation and maintenance of one (1) wet detention pond(s) 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 Energy, Mineral & Land Resources (hereafter referred to the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until May 17, 2022 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 1.7 of this permit. The subdivision is permitted for Two outparcels, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 1,163,520 square feet of built -upon area. There is no impervious allocation that has been retained for future use. 5. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. Page 4 of 11 State Stormwater Management Systems Permit No. SW8 000216 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 34.5 Onsite, ac: 34.5 Offsite, ac: 0 b. Total Impervious Surfaces, ftz: 1,163,520 G. Pond Depth, feet: 7.5 d. TSS removal efficiency: 90% e. Design Storm: 1.0 f. Permanent Pool Elevation, FMSL: 8.0 g. Permitted Surface Area @PP, ftz: 31,140 In. Permitted Storage Volume, ft3: 104,775 i. Temporary Storage Elevation, FMSL: 11.0 j. Controlling Orifice, inches: 4.0" 0 pipe n. Receiving Stream / River Basin: UT Woodward Branch o. Stream Index Number: LBR 15-25-2-8 p. Classification of Water Body: "C, Sw, HQW" II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. Page 5 of 11 State Stormwater Management Systems Permit No. SW8 000216 b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 6 of 11 State Stormwater Management Systems Permit No. SW8 000216 15. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000216, as issued by the Division of Energy, Mineral & Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is as follows: Outparcel 1: 61,200sf Outpa rcel 2: 99, 360sf This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 7 of 11 State Stormwater Management Systems Permit No. SW8 000216 III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 8. The Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143- 214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; Page 8 of 11 State Stormwater Management Systems Permit No. SW8 000216 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. 12. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 13. Current Permittee Name or Address Changes: The permittee shall submit a completed 'Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; Permit renewed, transferred and reissued this the 311 day of January 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 9 of 11 State Stormwater Management Systems Permit No. SW8 000216 Shallotte Crossing Page 1 of 2 Stormwater Permit No. SW8 000216 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date Page 10 of 11 State Stormwater Management Systems Permit No. SW8 000216 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Regional Office Inspector, Brunswick County Building Inspections Page 11 of 11 Application Completeness Review Checklist Project Name: e ((p e Crass Date Delivered to WIRO: \ r, 11615 BIMS Received/Accepted Date' ,) Project County/Location: *RIMS Acknowledged Date: �) IRule(s): 1 12017 Coastal 1 12008 Coastal 1 11995 Coastal I (Phase 11 1 (Universal 1 11988 Coastal `( Action: New / Major Mod / Minor Mod / Renewal / LD / LD Overall / HD &LD Combo General Permit / Offsite /nExempt / esns ion Gl SCMType(s): _aT �t Development Type: Commercial / Residential / Other Subdivided?: Subdivision or Single Lot Transfer New Permit#: rsting Permit #: 6 Cert on File? Offsite to SWB: Master PE Cert on File? For New ransferre ermits Permittee is: Stream Class: roperty Owner(s)1:1 Developer Lessee ❑Purchaser ❑HOA �SA Map �ORW Map Paperwork Emailed Engineer on: r-Tupplement(s) (1 original per BMP) F�O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) ff[!pplicat'on with correct/original signatures orp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report F--1$505 (within 6mo) Check#(s): E]No Fee Soils Report: w/SHWT or General Report Calculations (signed/sealed) Deed Restrictions, if subdivided: "Signed & Notarized Template Covenants Plats M50% or more Lots Sold List Narrative UUSGS Map Plans FT Sets Vicinity Map Legend MDA Maps JExisting Conditions Grading REVIEWER NAME: QI Email Address: Design Engineer Email Address: Property Owner Offe'ed Email Address: Lessee Lease Agreement Email Address: Purchaser Purchase Agreement Email Address: Developer Email Address: HOA Representative Wetlands: Delineated or No Wetlands Project Boundaries Layout(proposed BUA dimensions) Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) nLandscape Plan Seal NOTES TO REVIEWER: )IL0a Si_^ *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Projects -Enter New Permit # on Supplements & Deed Restiction Templates. --��_ o g 0 G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 03 13 VCMLM UJt VI LT Date Received Fee Paid Permit Number o 0a y W a IUD Ule j NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Once, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contecUregional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 000216 2. Project name: Shallotte Crossing Is this an updated project name from the current permit? ❑ Yes ®No 3. Reason for the permit transfer request: Shallotte Crossing LLC purchased the property from Alec Chaplin. Alec Chaplin was the managing member of Alcon LLC the original permittee. Alcon LLC has been dissolved by the NC Secretary of State ECEIVE JAN 0 2 2023 BY• Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ❑ 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F 6 G). In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ® 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. ® a. The proposed permittee is either (select one of the following): ® The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ® b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ® A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ® A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ® c. The proposed permittee agrees to the following requirements (all must be selected): ® There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. IN The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark X" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. N/A 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. Y 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. Stormwaler Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: 2. Signing Official's Name: 3. Signing Official's Title: 4. Mailing Address: City: T 5. Street Address: City: 6. Phone: (_) ZIP : ZIP : I, , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: that this the day of County of execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: My commission expires Stormwater Permit Transfer Application Form Page 4 of 7 Date: a Notary Public for the State of do hereby certify personally appeared before me 20 , and acknowledge the due ECEIVE JAN 0 2 20D I By:�_ April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ® Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): �w� ■ ■ Corporation, LLC, Partnership, Municipality name: Shallotte Crossing LLC HOA I POA I UOA name: Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Steven J. Townley b. Signing Official's Title: Senior Vice President c. Mailing Address: 610 E. Morehead St., Suite 100 City: Charlotte State: NC ZIP: 28202 d. Street Address: same as above City: e. Phone: (704) 366-7337 Email: sitownlev(c astonprop.com ZIP 4. If there Is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: b. Contact Name: c. Mailing Address: d. City: e. Phone: (_) Email: Title: ZIP: JAN 0 2 202J { BY: Stormwaler Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I,Steven J. Townley , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ® the most recent permit; ® the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; ® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a 'plan of action and schedule " addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written 'plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will onstruct), 9perate and maintain the approved stormwater management system pursuant to the requir t e p it and in the operation and maintenance agreement. Steven J. Townley Signature: Date: ?� % //yf /n C/r[ . / 1r AIn a Notary Public for the State of / V ar-IA 4 Gkr (irr County of / 1 le,-7 rJ //c7 do hereby certify that ,S�-t ✓4,i e J 7o rr'/ii &,l personally appeared before me this the _�ra� day of 2019, and acknowledge the N A NA ant. Witness my hand and official seal, Notary Public (Notary Seal) North Carolina Mecklenburg Counry Notary Signature_y�rt/- My commission ex res h / 26, .20,-?A E C E I V I JAN 0 2 201.0 BY' Slorrnwaler Permit Transfer Application Form Page 6 of 7 April 27, 2018 `♦ • } 1'�� r.,. . t,< s= (, ���'J 111 �',tt 1�f �� � e �.w' �m.n.-�a�r�a�.vpn.on��cn•�W.+c'+a�.s t: w:au G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: . Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone: (_) ZIP: I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness ECEIVE JAN 0 2 2020 Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 k . I wAkA lo5pvn5e— ASTON p r o p e r t 1 e s November 22, 2019 Ms. Kelly Johnson NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Dr. Extension Wilmington, North Carolina 28405-3845 Reference: Shallotte Crossing, LLC Stormwater Permit Transfer SW8 000216 Dear Ms. Johnson, ECEIVE NOV 2 7 2019 BY:® Enclosed please find the signed Plan of Action and Schedule for the above referenced project. Should you have any questions, please do not hesitate to contact me at (704) 319-4921. Sincerely, ASTON PROPE TIES, INC. Bryan E. mith, PE Aston Properties, Inc. 610 E. Morehead Street, Suite 100 Charlotte, NC 28202 704.366.7337 704. 365. 3215 Fax ASTON p r o p e r t i e s Plan of Action and Schedule Shallotte Crossing LLC has applied for a State Stormwater Permit Transfer for SW8 000216 which covers Shallotte Crossing. The compliance inspection by the Division of Energy, Mineral, and Land Resources (DEMLR) on October 29, 2019 identified that the following non -compliant items. As the incoming permittee, I understand that 1 will be transferred a non -compliant ppermit, and 1 agree to resolve these items to bring the project into compliance by February 28, 2021. The permit will be modified to: I. Further subdivide the permit in order to show an offsite tract for Home Depot (HD Development of Maryland, Inc.) which is partially located on the existing Outparcel 2; 2. Reflect changes based on the construction of the Highway 130 connector road along the west side of the property by NCDOT; 3. Show the mini-ma11 that has been constructed; 4. Move/modify the spillway on the pond; 5. There are potentially other changes as well. For instance, I know that a restaurant has requested an impervious allocation to expand their patio. 6. No changes to Outparcel I (currently occupied by Chi Ii's under SW8 040227); The following maintenance will be completed: 1. The emergency weir is not located or built to the permitted design; 2. Rip rap is pushing Flow from the 72" RCP to the main pond instead of the forebay; Once the permit is subdivided to show the various onsite tracts, the owners of those tracts will need to apply for offsite permits to drain to your system. J. Senior Nice F''<F.sideai sjtownley@astonprop.com 704.366.7337 TE Aston Properties, Inc. 610 E. Morehead Street, Suite 100 Charlotte, NC 28202 704.366.7337 704, 365. 3215 Fax NOV 2 7 2019 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, November 21, 2019 3:27 PM To: 'Bryan Smith' Subject: RE: [External] RE: Shallotte Crossing - State Stormwater (SW8 000216) Bryan, I got your voicemail. Please see my responses in Red. Thanks, Kelly From: Bryan Smith [mailto:besmith@astonprop.com] Sent: Tuesday, November 19, 2019 3:51 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: [External] RE: Shallotte Crossing - State Stormwater (SW8 000216) Kelly, I wanted to clarify some items on the Plan of Action and Schedule: Permit modification items. 1. Home Depot is working on their off -site permit application. I am expecting it in the next week or so. OK 2. We were planning on incorporating all the changes due to the connector road. OK 3. Please confirm the mini -mall area is the Office Depot area next to the Home Depot. See attached sketch. From memory, I believe so. The intention is just to get whatever is built onsite on the plans. 4. 1 have surveyed the pond spillway and have requested Norris & Tunstall review the survey and calculations to see if it can remain as an additional emergency spillway. OK 5. We are going to incorporate the additional patio area with this permit modification. OK Maintenance items: 1. Based on a recent survey, there are two emergency spillways. I believe the one in the main pond was added due to failures in the dam. I have asked the engineer to review the calculations to see if this can remain or needs to be removed. OK 2. Please clarify on the attached picture that this is the tree being referenced. I went and talked to the inspector. I had not seen this tree personally. I just copy the notes from the inspection into the letter. And, after seeing the picture myself I think the tree will be fine as it is. It sounds like the inspector was taking the requirement to have "no woody vegetation" on the bank literally. I tend to be interpret that a bit more liberally. If the tree were a danger to crushing the outlet, then I would ask for it to come out. But, that is not the case here. doesn't look like it is causing erosion, or any other issue. I think the tree can stay. I apologize for the confusion. 3. The additional pipe located in the main pond is an outfall pipe for a dry hydrant. See attached sketch. I believe this was part of the original drawings. Can this item be removed from the maintenance list? Yes, if it isn't an inlet it is fine. I believe Norris & Tunstall will be completing a file review so we can bring this to a closure sooner than later. Thanks. Please let me know if you have any additional questions. Thanks, Bryan Smith, FIE Senior Project Manager FOR .ASTON I ::-1L1TY E. p r o p_a._r I_I e_e re Te o e r TT. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 1 Fax: 704.365.3215 1 www.astonprop.com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception, copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. From: Johnson, Kelly <kellv.p.iohnson@ncdenr.aov> Sent: Tuesday, November 19, 2019 12:21 PM To: Steve Townley <sitownlev@astonprop.com> Cc: Bryan Smith <besmith(@astonprop.com>; mmchuPh@mcmillanpazdansmith.com; bpadillalxxvPgmail.com Subject: Shallotte Crossing - State Stormwater (SW8 000216) Mr. Townley, I have attached five files: 1. Request for Additional Information: I understand that you all want to have the permit transferred so that you can modify the permit later. This letter requests that you sign the Plan of Action and Schedule to complete the necessary items. 2. Plan of Action and Schedule: List of necessary items. I have arbitrarily selected February 28, 2020 as a response date to bring the project into compliance and to submit the modification package. If that is not reasonable, please propose an alternate date. 3. Draft Permit: The draft permit will be for the renewal and the transfer. It will also request the modification to subdivide the permit and make other changes. The draft permit will reference the Plan of Action and Schedule. 4. Inspection Report, October 2019: No in -field changes since June. 5. Inspection Report, June 2019: Summary of maintenance items. Please respond by December 6, 2019. If you have further questions, please let me know. Thanks, Kelly I/IeLLUJt*A'so Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 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. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, November 19, 2019 12:21 PM To: sjtownley@astonprop.com Cc: Bryan Smith; mmchugh@mcmillanpazdansmith.com; bpadillalxxv@gmail.com Subject: Shallotte Crossing - State Stormwater (SW8 000216) Attachments: 2019 11 addinfo 000216.docx; 2019 11 PlanOfAction 000216.docx; 2019 11 permit 000216_draft.doc; 2019 10 CEI_BIMS 000216.pdf; 2019 06 CEI_BIMS 000216.pdf Mr. Townley, I have attached five files: 1. Request for Additional Information: I understand that you all want to have the permit transferred so that you can modify the permit later. This letter requests that you sign the Plan of Action and Schedule to complete the necessary items. 2. Plan of Action and Schedule: List of necessary items. I have arbitrarily selected February 28, 2020 as a response date to bring the project into compliance and to submit the modification package. If that is not reasonable, please propose an alternate date. 3. Draft Permit: The draft permit will be for the renewal and the transfer. It will also request the modification to subdivide the permit and make other changes. The draft permit will reference the Plan of Action and Schedule. 4. Inspection Report, October 2019: No in -field changes since June. 5. Inspection Report, June 2019: Summary of maintenance items. Please respond by December 6, 2019. If you have further questions, please let me know. Thanks, Kelly KeLLl�ohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 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. N6 1'C�C) 4-1 ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director November 19, 2019 NORTH CAROLINA Environmental Quality Via email only: sitownlev(a�astonprop.com Shallotte Crossing, LLC, managed by Aston Properties, Inc. Mr. Steven'rownley, CFO 610 Fast Morehead Street, Suite 100 Charlotte, NC 28202 Subject: Request for Additional Information State Stormwater Management Permit No. SWO 000216 Shallotte Crossing Brunswick County Dear Mr. Townley: The Wilmington Regional Office of the Division of Fnergy, Mineral and Land Resources (DEM LR) received and accepted a signed Permit Renewal Application on Transfer Application Form for the subject project on September 9, 2019. The successor - owner of the property has requested to transter the permit without consent of the permit holder in accordance with 15A NCAC 02H.1045(1)(c) and G.S. 143-214.7(c5). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete and that additional information is needed. To continue the review and processing of your request, please provide the following information. You have indicated in Section F of the application that you will bring the project into compliance upon receipt of the transferred permit. Please review the enclosed Plan of Action and Schedule detailing the deficient items that are needed to bring the project into compliance as well as a recommended schedule to achieve compliance. If you would like an alternate schedule, please contact me to discuss an alternate date. Please sign the Plan of Action and Schedule, indicate your email address and phone number, and submit the form with your resubmittal package. This will become a permit attachment. The draft permit is also attached for your review. All of the requested information listed above should be received in this Office by December 6, 2019, or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request rioter to this due date to the email address provided below with a J)ustification and a date o when hen the requested information will be submitted, which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. The Division is allowed 90 days from the receipt of a complete application to transfer the permit. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources D_E ✓I� Wilmington Regional Office 1 127 Cardinal Drive Extension I Wimingtom North Carolina 28405 910.796.7215 Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the project, it is determined that a major modification to the permit is required to resolve the compliance issues, the transfer application will be returned as incomplete. Upon the issuance of the modified permit, and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition, the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me at Kelly.p.johnson@ncdenr.gov Sincerely, 544 Kelly Johnson Environmental Engineer GDS/kpj: G:\\\Stormwater\Permits & Projects\2000\000216 HD\2019 11 addinfo 000216 enc: Inspection Report Plan of Action and Schedule Draft Permit cc: Mr. Bryan E. Smith, PE, Aston Properties, Inc. (via email only; besmith@astonprop.com) Mr. Mike Hugh, McMillian Pazdan Smith Architecture (via email only; mmchugh@mcmillanpazdansmith.com) Brandon Padilla (via email only; bpadillalxxv@gmail.com) WiRO Stormwater Permit File Plan of Action and Schedule Shallotte Crossing LLC has applied for a State Stormwater Permit Transfer for SW8 000216 which covers Shallotte Crossing. The compliance inspection by the Division of Energy, Mineral, and Land Resources (DEMLR) on October 29, 2019 identified that the following non -compliant items. As the incoming permittee, I understand that I will be transferred a non -compliant permit, and I agree to resolve these items to bring the project into compliance by February 28, 2019. The permit will be modified to: I. Further subdivide the permit in order to show an offsite tract for Home Depot (HD Development of Maryland, Inc.) which is partially located on the existing Outparcel 2; 2. Reflect changes based on the construction of the Highway 130 connector road along the west side of the property by NCDOT; 3. Show the mini -mall that has been constructed; 4. Move/modify the spillway on the pond; 5. "There are potentially other changes as well. For instance, I know that a restaurant has requested an impervious allocation to expand their ppatio. 6. No changes to Outparcel 1 (currently occupied by Chili's under SW8 040227); The following maintenance will be completed: 1. The emergency weir is not located or built to the permitted design; Z. Rip rap is pushing flow from the 72" RCP to the main pond instead of the forebay; 3. There is a large tree on the bank; 4. 'There is an additional pipe located in the main pool across from the outlet. Once the permit is subdivided to show the various onsite tracts, the owners of those tracts will need to apply for offsite permits to drain to your system. DATE Mr. Steven Townley, CFO .., Shallotte Crossing, LLC, managed by Aston Properties, Inc. sjtownley@astonprop.com 704.366.7337 State Stormwater Management Systems Permit No. SW8 000216 date Shallotte Crossing, LLC, managed by Aston Properties, Inc. Mr. Steven Townley, CFO 610 East Morehead Street, Suite 100 Charlotte, NC 28202 Subject: Permit Renewal, Transfer under 15A NCAC .1045 (1)(c), Request for Permit Modification/ Notice of Inspection Notice of Inspection / Request for Permit Modification State Stormwater Management Permit No. SW8 000216 Shallotte Crossing Brunswick County Dear Mr. Townley Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit Permit Renewal: On received date, the Wilmington Regional Office received a request to renew the subject permit which expired on May 17, 2014. Since the original permittee Alcon, LLC has dissolved, and a permit transfer request had been received from the incoming permittee, Shallotte Crossing, LLC, the incoming permittee signed to renew the permit. The permit is now effective until May 17, 2022. Permit Transfer: On received date, the Wilmington Regional Office received a request to transfer ownership of the subject state stormwater management permit under the provisions of 15A NCAC .1045 (1)(c). Staff of DEMLR has inspected the project and reviewed the available documentation, and determined that the project is currently not in compliance with the terms and conditions of the state stormwater permit. The deficiencies are summarized in the Request for Permit Modification/ Notice of Inspection section of this cover letter as well as the Plan of Action and Schedule which you signed on DATE. The Division has determined that the provisions of 15A NCAC .1045 (1)(c) have been met as indicated by the supporting documents and findings listed below: 1. The successor -owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form; 2. The successor -owner holds title to the property on which the permitted activity is occurring. Reference is made to the deed recorded on August 25, 2000 in DB 1398 PG 1348 with Brunswick County. 3. The successor owner has not proposed any substantial changes to the permitted activity. 4. The updated permit does not impose new or different terms - it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. By signing the Permit Transfer Application Form and acknowledging 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, you have accepted the responsibility for complying with the terms and conditions outlined in this permit, including the correction of the deficiencies outlined in the inspection report. Page 1 of 10 State Stormwater Management Systems Permit No. SW8 000216 The Division is hereby notifying you that the subject permit has been transferred on DATE per the requirements of 15A NCAC .1045 (1)(c). For your records, please find enclosed an updated permit, a copy of the inspection report, and a copy of the Permit Transfer Application form. Please keep this permit on file at all times. 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 signed Operation and Maintenance agreement. Any modifications to this project must be submitted to DEMLR 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. Request for Permit Modification/ Notice of Inspection: I understand that you all plan to modify the permit: 1. To further subdivide the permit in order to show an offsite tract for Home Depot (HD Development of Maryland, Inc.) which is partially located on the existing Outparcel 2; 2. Reflect changes based on the construction of the Highway 130 connector road along the west side of the property by NCDOT; 3. Show the mini -mall that has been constructed; 4. Move/modify the spillway on the pond; 5. There are potentially other changes as well. For instance, I know that a restaurant has requested an impervious allocation to expand their patio. 6. No changes to Outparcel 1(currently occupied by Chili's under SW8 040227); The following maintenance is needed: 1. The emergency weir is not located or built to the permitted design; 2. Rip rap is pushing flow from the 72" RCP to the main pond instead of the forebay; 3. There is a large tree on the bank; 4. There is an additional pipe located in the main pool across from the outlet. You have requested to have the permit transferred to you before compliance is achieved. Please find the attached Plan of Action and Schedule which you signed on DATE. This document details the compliance issues that need to be addressed by February 28, 2019. You are required to notify this office by this date that these items have been resolved. The mailing address is located at the bottom of this letter. Failure to provide the requested information is a violation of the permit. If the requested information is not submitted to this office by the February 28, 2019, then DEMLR staff will re -inspect the site and may issue a Notice of Violation. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, ;?m S. Daniel Smith, Director Division of Energy, Mineral and Land Resources GDS/kpj: G:\\\Stormwater\Permits & Projects\2000\000216 HD\doc yr doc mo permit 000216 enc: Renewal Application Transfer Application 0&M Agreement Plan of Action and Schedule cc: Mr. Bryan E. Smith, PE, Aston Properties 610 E. Morehead Street, Suite 100, Charlotte, NC 28202 Brunswick County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File Page 2 of 10 State Stormwater Management Systems Permit No. SWS 000216 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL & LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Shallotte Crossing, LLC Shallotte Crossing Shallotte Crossing Parkway, Shallotte, Brunswick County FOR THE construction, operation and maintenance of one (1) wet detention pond(s) 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 Energy, Mineral & Land Resources (hereafter referred to the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until. May 17, 2022 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 1.7 of this permit. The subdivision is permitted for Two outparcels, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 1,163,520 square feet of built -upon area. There is no impervious allocation that has been retained for future use. 5. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 000216 0 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ac: Offsite, ac: b. Total Impervious Surfaces, ftz: c. Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP, ftz: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: j. Controlling Orifice, inches: n. Receiving Stream / River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 34.5 34.5 0 1,163,520 7.5 90% 1.0 8.0 31,140 104,775 11.0 4.0" 0 pipe UT Woodward Branch LBR 15-25-2-8 "C, Sw, HQW" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 000216 b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 000216 15. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 16, Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000216, as issued by the Division of Energy, Mineral & Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is as follows: Outparcel 1: 61,200sf Outparcel 2: 99,360sf This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 000216 III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 8. The Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143- 214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; Page 7 of 10 State Stormwater Management Systems Permit No. SW8 000216 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. 12. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 13. Current Permittee Name or Address Changes: The permittee shall submit a completed 'Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; Permit issued this the day day of month & year. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �R-, S. Daniel Smith, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 8 of 10 State Stormwater Management Systems Permit No. SW8 000216 Shallotte Crossing Page 1 of 2 Stormwater Permit No. SW8 000216 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No. SW8 000216 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Regional Office Inspector, Brunswick County Building Inspections Page 10 of 10 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, November 6, 2019 8:57 AM To: Mike McHugh Cc: Lambe, Brian Subject: RE: [External] 018S14.06 EUG Shallotte SW8 000216 Mr. McHugh, This is unfortunately going to be a difficult problem to solve for the master permittee, but those issues aren't directly related to your client wanting to build a patio. The master permittee has applied to renew his permit and transfer it into the appropriate party's name. He then will have to modify the permit to correct several deficiencies, and at that time, he can reallocate his impervious area to allow you all to build a patio if that is possible and if that is what you all have agreed to do. I am not that far into the process to know the details of that. But, unfortunately this will not be a quick process to resolve. Kelly From: Johnson, Kelly Sent: Tuesday, November 5, 2019 11:50 AM To: Mike McHugh <mmchugh@mcmillanpazdansmith.com> Cc: Lambe, Brian <brian.lambe@ncdenr.gov> Subject: Re: [External] 018514.06 EUG Shallotte SW8 000216 I am out of the office today, but I will get back with you later this week. Kelly From: Mike McHugh <mmchugh@mcmillanpazdansmith.com> Sent: Tuesday, November 5, 2019 11:40 AM To: Johnson, Kelly <kelly.p.!ohnson@ncdenr.gcv> Cc: Lambe, Brian <brian.lambe@ncdenr.gov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Good afternoon! Could one of you be able to let me know what the status of the storm water permit is? My client has begun upfit construction of his restaurant and is hopeful to have his contractor build the patio while they are on site. Call if necessary. Thank you, Mike McHugh michael inchugh mcmillan patd111t smith architecture d. 864 398 5284 c. 864 205 0780 From: Mike McHugh Sent: Wednesday, July 3, 2019 10:46 AM To: Johnson, Kelly <kelly.p.iohnson(@ncdenr.gov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Kelly, Thank you for the call yesterday. I am in the process of catching my client up on our conversation and if I understood everything correctly; if he decides to build a concrete or paver patio he would have to pay a storm water fee? Do you have a ballpark amount what the fees could be? And to be sure, nothing can be done until the permit issues are resolved, correct? Please let me know. Feel free to call if it is easier to discuss, my numbers are below. Thank you for all your help! Mike mcmIIIanIpazdanIsmlth architecture mike mchugh 127 dunbar street Spartanburg, sc 29306 po box 5331 Spartanburg, sc 29304 o. 864 585 5678 f. 864 542 9451 d. 864 398 5284 c. 864 205 0780 ideas taking shape From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Tuesday, July 2, 2019 2:01 PM To: Mike McHugh <mmchugh(@mcmillanpazdansmith.com> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 My direct line is 910.796.7331. From: Mike McHugh [mailto:mmchugh@mcmillanpazdansmith.com] Sent: Tuesday, July 2, 2019 1:54 PM To: Johnson, Kelly <kelly.p.iohnson(a@ncdenrgov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Kelly, Thank you for reaching out to me. This is not the Chilis restaurant. This will be an Eggs Up Grill restaurant. I'm going into a meeting but would like very much to discuss this with you. Either email me a contact number or feel free to call me around 3:30 on my cell phone 864-205-0780. Thank you, Mike McHugh mcmiIIanIpazdanIsmltIN a r c h i t e c t u r e mike mchugh 127 dunbar street Spartanburg, sc 29306 po box 5331 Spartanburg, sc 29304 2 o. 864 585 5678 f. 864 542 9451 d. 864 398 5284 c. 864 205 0780 ideas taking shape From: Johnson, Kelly <kellv.p.lohnson@ncdenr.gov> Sent: Tuesday, July 2, 2019 1:44 PM To: Mike McHugh<mmdhush@mcmillanpazdansmith.com> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Mr. McHugh, You talked with Brian Lambe recently about adding a patio. He sent it to my supervisor, and she sent it to me. I work with Brian, but I am in the engineering group. Is your client the Chili's restaurant? If so, I think there is a way to get the patio because that restaurant has its own permit (SW8 040227) that drains to the master permit (SW8 000216). But, if not, then this will unfortunately be much more difficult. We did the inspection, and I have sent the attached the letter. Essentially the master permit is written to a now -dissolved corporation, and so now we have to get the permit into a new owner/permittee's name. It is also subdivided in a way that was not permitted, and they have built a configuration that isn't permitted. This will take some time to unravel. Kelly From: Scott, Georgette Sent: Monday, June 17, 2019 5:00 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.aov> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Kelly, Please work with Brian and find out what this is about. Let me know how you want to address issues. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. Scott(a),ncden r. goy 127 Cardinal Drive Ext. Wilmington, NC 28405 C.-/'Nothing Cornpares,- _ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scott, Georgette Sent: Monday, June 17, 2019 4:08 PM To: Lambe, Brian <brian.lam be@ncdenr.gov> Cc: Musial, Connor E <connor.musial@ncdenr.gov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Brian, What was the actual inquiry about? What was the question(s)? Did they just purchase this property? Already own it and are adding on? Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. Scott(a)ncden r. q ov 127 Cardinal Drive Ext. Wilmington, NC 28405 C.- Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Monday, June 17, 2019 1:52 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Cc: Musial, Connor E <connor.musial@ncdenr.gov> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Please find the attached inquiry regarding SW8000216. Brian Lambe Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Doe Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I hon Yportal ncdonr tn:/woh/lr/ From: Lambe, Brian Sent: Monday, June 17, 2019 12:17 PM To: Mike McHugh<mmchugh@mcmillanpazdansmith.com> Subject: RE: [External] 018514.06 EUG Shallotte Thank you for being thorough and inquiring of the SW permit requirements for your client's proposed restaurant patio (approx. 600 sq ft). The stormwater permit is SW8000216 Shallotte Crossing. Per 2011 Notice of Violation (cox), the stormwater system was not certified by an engineer. There is mention that the deed restrictions were not filed. Additionally, the permit has not been renewed from 2014. The permit holder is Alcon, LLC which is admin dissolved per NC Secretary of State. The current land owner per Brunswick county tax gis is Shallotte Crossing, LLC. All this equates to a very messy situation that your client cannot control. If we can get by the permit issues, you would submit a major or minor modification to the permit. Major if you are adding BUA, minor if you are using permitted BUA. You may seek to install a patio with permeable pavement or raised wooden boards. Brian Lambe Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Doe Extension I Wilmington, NC 28405 910 796 7215 T 1 9103502004 F I hunDoonal. ncdenroraiwch/Ir/ From: Mike McHugh<mmchugh@mcmillanpazdansmith.com> Sent: Monday, June 17, 2019 11:39 AM 7o: Lambe, Brian <brian.lam be@ncdenr.gov> Subject: [External] 018514.06 EUG Shallotte Feel free to call me with any questions. 14) mcmIIIan IpasdanIsm lth a r c h i t e c t u r e mike mchugh 127 dunbar street Spartanburg, sc 29306 po box 5331 spartanburg, sc 29304 o. 864 585 5678 f. 864 542 9451 d. 864 398 5284 c. 864 205 0780 ideas taking shape �. pn P P 1b State Stormwater Inspection Report I General Pleace Retnrn to Kally Project Name: Permit No: SW8pp(�b Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: %(% 2 9 Zt o( q 'rime In: Z a 3 0 Time Out: Z: y Current Weather: l� gJn1 Recent Rain (Date)? Rain — in V Location Facility Address / Location: City: Zip: County: Lat 0 1"N Long: - 0 1"W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): High (HD) Low (LD) Stormwater Best Management Practices (BMPs) (insert number of each). - Wet Ponds _Infiltration Basins _Infiltration Trenches LID Swales Stormwater Wetlands Ponds Bioretention _Permeable Pavement _Sand filters (circle one) Open Closed _Dry _Cistern _Level Spreader/Filter Strip Other (sped): File Review Yes No NIA N/E I. Is the permit active? \ 2. Signed Engineer's Certification on file? ( tJ t� 3. Signed Operation and Maintenance agreement on file? ✓ 4. Recorded Deed Restrictions on file? Site Visit: Built Unon Area IRLIAI Yes No NIA N/E 5. BUA is constructed and consistent with the permit requirements? 6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only) 7. Drainage area is consistent withpermit? (i.e. no un ermitted drainage to the SW BMPs 8. Drainage area is stabilized? to reduce risk of sedimentation to the SW 13MPs c:•.. elleo� Vna rdn NIA AI/F 9. Stormwater BMPs are located per the approvedplans? 10. Stormwater BMPs have dimensions e . length, width, area) matching the approved lans? 11. Stormwater 13MI's are constructed per the approvedplans? Sifn Visit- rineratinn and Maintenance Yes No NIA N/E 12. Access points to the site are clear and well maintained? 13. Trash has been removed as needed? ✓ 14. Excessive landscape debris Crass clippings, leaves, etc is controlled? ✓ g 15. Stormwater BMPs being operated and maintained as per the permit requirements? 16. Inspection and Maintenance records are available for inspection? hi h densityonly, 1995 — resent only)✓ Yes No NIA N/E Yes No N/A issues as noted durine the Slate Stonnwater Inspection Report, Version 3.0_3-09 Page I of 2 State Stormwater Inspection Report Comments No G 6n ✓U� ,rd �u rc c�: �y �rCv,'ays 'i'SSves 1 `ave h'ea� %iz�n of the pictures taken during the site Compliance Status ❑ Compliant ✓ Non -Compliant) Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent: Reference Number: / �7 `nspector Name and Signature: C14nor Mvs,:;/ Vy'�/�—!/ Date: /Z-0/ I J �p ,lJl�cln^LaLS V I�fSPE41ton6 Slate Stonnerater Inspection Report. Version 3.0_3-09 Page 2 of 2 i Permit: SW8000216 Project: Shallotte Crossing Owner: Alcon LLC County: Brunswick Region: Wilmington Contact Person: Alec Chaplin Directions to Project: Compliance Inspection Report Effective: 05/17100 Expiration: 05/17/14 Type of Project: Stale Stormwater- HD - Detention Pond Drain Areas: On -Site Representativelsj: Related Permits Actress: City/State/Zip: Title: Managing Member Phone: 803-799-9683 SW8040227 Brinker North Carolina Inc - Chili's Store #1021 Inspection Date: 10I2912019 Entry Time: 02:30PM Primary Inspector: Connor Musial Secondary Inspectorjsj: Kelly Johnson Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 02:45PM Phone: Inspection Type: Compliance Evaluation page: 1 i Permit: SW8000216 Owner -Project: Alcon LLC Inspection Date: 10/29/2019 Inspection Type Compliance Evaluation Reason for Visit: Fallow -up File Review Yes No NA NE Is the permit active? ❑ 0 ❑ ❑ Signed copy of the Engineer's certification is in the file? M ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the fie? ❑ 0❑ ❑ Comment: There have not been changes made to the pond since the previous inspection in June A renewal application has been submitted as well as a transfer application The project was certified in 2001 1 will ask for the O&M signed by the incomming permittee during the transfer review. Deed restrictions are not on fle. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ M ❑ ❑ 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: The project has been subdivided. It is not constructed per the plans. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ 11013 Are the inlets located per the approved plans? ❑ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑ Comment: The stormwater system was certified in 2001. but changes have evidently been made since that time because the project no longer matches the plans. One of the inlet pipes is now on the main pond side of the berm rather than the forebav side of the berm the emergency spillway location has been moved and there is an unpermitted pipe to the pond. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWO upon request? Comment: The pond needs maintenance. page. 2 a Permit Transfer Checklist Option #3: Only the Proposed Permittee Signed the Application (Current Permittee is Missing) Kelly Johnson—11/19/20 1. Permit Number: SW8 000216 2. Project Name: Shallotte Crossing 3. Most Recent Issue Date: Renewal submitted 4. Expiration Date: Will be 5/17/22 5. Session Law Extension Previously Issued (Y/N): Y 6. Proposed Permittee: Shallotte Crossing, LLC Managed by Aston Properties, Inc. a. Secretary of State (SoS) is Active: Yes b. SoS Current Person's Name/Title: Steven Townley, CFO c. Original Signature w/Signature Authority (Y/N): Y d. Deed Submitted Showing Owner(Y/N): Y e. Want to Accept "As-Is"(Y/N): Y a. Plan of Action on File (Y/N): Needed b. Schedule for Plan of Action (Y/N): Needed Missing Permittees: Session Law 2013-121: Can give the permit to another permittee if all of the following are true: a. Project meets two conditions: i. New permittee requests transfer (Y/N): Y ii. All of following are true: 1. Current permittee (is) (Y/N): Y, dissolved a. Dead b. Dissolved c. Lost the property: d. Sold the property: 2. New permittee has the deed (Y/N): Y 3 New ermittee ri htful user (Yff: Y b. C. d. 4. Building similar (Y/N): Y New permittee follows permit until transferred (Y/N): Y New permittee follows permit once transferred (Y/N): Y _o,(\A No new permit constraints (Y/N): Y 8. Compliance: a. File Review Inspection Documents: a. Deed for Common Areas (Y/N): b. Recorded Deed Restrictions (Y/N) c. 0&M (Y/N): d. PE Certification: e. BUA/Lot Summary: b. Field Inspection: U" ll Pf` No -i/aeeds to be modified/subdivided pending modification pending modification i. Inspector: Connor Musial ii. Date: 10/29/19 (follow up to 6/21/19) iii. Issues/Actions Needed: No changes since 6/21/19 a. See Plan of Action and Schedule \ lid O)LI LIU. Burd, Tina J From: Burd, Tina 1 Sent: Wednesday, September 18, 2019 11:09 AM To: sjtownley@astonprop.com Subject: SW8 000216 - Shallotte Crossing The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on September 9, 2019. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Application Completeness Review Checklist Project Name: v��t ((p C<7>5SNt� Date Delivered to WIRO: BIMS Received/Accepted Date: wI Project County/Location: 'BIMS Acknowledged Date: 4 Rule(s): 132017 Coastal ®zoos Coastal 1995 Coastal ®Phase II ❑Universal E-11988 Coastal Permit Action: New / Major Mod / Minor Mo Renewal Transfer "New Permit #: Permit Type HD / LD / LD Overall / HD &LD Combo xlsting Permit k: � (0':;4(v General Perm / Offsite / Exemp TResc_iassion �PE Cert on File? SCM Type(s): (_ U Offsite to SW8: Development Type: Commercial / Residential / Other Master PE Cert on File? For New or Transferred Permits Permittee is: Stream Class: Property Owner(s) DDeveloper Lessee ❑Purchaser ❑HOA EISA Map DORW Map Paperwork Emailed Engineer on: ❑Supplement(s) (1 original per BMP) MO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) Application with correct/original signatures Corp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report [YS05 (within 6mo) Checkll(s): C)2 `fzf gv MNo Fee Soils Report: w/SHWT or General Report ❑Calculations (signed/sealed) Deed Restrictions, if subdivided: & Notarized Template Covenants "Recorded Plats Project Narrative F_1USGS Map F72 Sets Vicinity Map Legend FIDA Maps Existing Conditions Grading E-150% or more Lots Sold List Email Address: Design Engineer Email Address: Property Owner Deed ❑Email Address: Lessee Lease Agreement Email Address: Purchaser Purchase Agreement Email Address: Developer Email Address: HOA Representative Wetlands: Delineated or No Wetlands Project Boundaries Layout (proposed BUA dimensions) Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) nLandscape Plan Seal REVIEWER NAME: NOTES TOR EVIEWER: 'Enter BIMS Acknowledged Date on this Sheet \ \7 ?'�'$ "FOR NEW Projects -Enter New Permit It on f� f�` 1 uv Wl fp Y Supplements & Deed Restiction Templates. � G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 03 13 ,l BRBR�YAN�MRN 0.5 LBS LTR 1 OF 1 7043194926 ASTON PROPERTIES. INC. 610 EAST MOREHEAD STREET. SUIT CHARLOTTE NC28202 SHIP TO: KELLYJOHNSON 9107967331 NC DEQ DEMLD WILMINGTON REGIONAL OF DIVISION OF ENERGY MINERAL AND LAND 127 CARDINAL DRIVE EXTENSION WILMINGTON NC 28405 M. NC 284 0-01 . .. %; UPS 2ND DAY AIR TRACKING #: IZ 879 Y94 02 9423 8914 BILLING: P/P Reference No. 1: 2300 Shalotte Crossing .) 19.08.18 WV 515.0A07/0 9 ECEIVE SEP 0 9 2019 ASTON p r o p e r t i e s September 3, 2019 Ms. Kelly Johnson, Environmental Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Reference: Shallotte Crossing Permit Number SW8 000216 Permit Renewal Application Dear Ms. Johnson, ECERVE SEP 0 9 2019 BY: --- Enclosed please find the following information for the Permit Renewal of SW8 000216 to Shallotte Crossing, LLC: 1. One (1) Original Applications; 2. Application Processing Fee of $505; 3. Copy of the updated Operation and Maintenance Agreement form; 4. Maintenance form from Original Permit; 5. Previous two months of inspection reports; Home Depot is going to be completing an Off -site Stormwater Permit Application for their parcel. This permit will take care of the impervious area allocation on their tract. I am working on the Modification Permit Application based on Home Depot's ownership, the changes based on the construction of Hwy 130 connector along the westside of the project by NCDOT, and the additional spillway that has been constructed since the issuance of the Permit. I am waiting on some additional survey information before submitting this modification. Should you need additional information or have questions, please do not hesitate to contact me at (704) 319.4921. Sincerely, ASTON PROPERTIES, INC. Bryan . Smith, PE Aston Properties, Inc. 610 E. Morehead Street, Suite 100 Charlotte, NC 28202 704.366.7337 704. 365. 3215 Fax UtMLK UJt VNL7 D e 5ecelved Fee Paid Permit Number 414114 1 ITa o1 50�% swe 000,916 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 000216 2. Project name: Shallotte Crossing 3. Project street address: 130 Shallotte Crossing Parkway. City: 1 28470 County: Brunswick ZIP : 4. What, if any, changes have been made to the project as permitted? Home Depot purchased their tract. There was an additional emergency spillway added. NCDOT constructed a new road along, the western edge of the property. If the project has changed from the original approved plans, please complete SWU-101 fora Major Modification or Minor Modification Application form available at: htti)s://deg.nc.gov/about/divisions/energy- m inera I-land-resources/energy-m inera I -la nd-ru I es/stormwaler-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land- resources/enerav-mineral-land-rules/stormwater-oroaram/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: Shallotte Crossing, LLC 2. Signing Official's Name: Steven J. Townley 3. Signing Official's Title: Senior Vice President SEP 0 9 2019 4. Mailing Address: 610 E. Morehead St., Suite 100 BY: City: Charlotte State: NC ZIP: 28202 5. Street Address: same as above City: State: ZIP: 6. Phone: (704) 366-7337 Email: sitownley(cDastonprop.com Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQWIORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each Item below to indicate that the required information is provided in the application package: SJT 1. A permit application processing fee of $505.00 payable to NCDEQ. SJT 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;' c. Public Entity— a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. N/A 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. SJT 4. O&M Agreements, Please select one: ® 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. SJT 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. SJT 7. [IF APPLICABLE) When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration ECEIV SEP 0 9 2019 Stormwaler Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION $rEVEN J_ _'r6NvCe/ , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership All informa 'on provided on this permit renewal application is, to the best of my knowledge, correct and p Signature: STeven J. Townley Date: NOTARIZATION: I, u ♦�-A Ca . t11-7 that sit L/&2 J. T Sctvar Vice Presiden a Notary Public for the State of Countyof /� ,dohereby certify personally appeared before me / this the J �i �� day of � rL. 2019 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: My commission isJENNIFER L. MALINA) Notary Public North Carolina Mecklenburg County ECE. -- E SEP 0 9 2019 BY: Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Ng Permit Number. SW9 000a1 (_p (to be provided by DVVQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ECEOV E— ❑ does ® does not incorporate a vegetated filter at the outlet SEP 0 9 2019 This system (check one): gy. ❑ does ® does not incorporate pretreatment other than a forebay. 0 important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month" within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches i a t� Coastal County). Records of operation and maintenance should be kept in a kn n set( location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. v Form SW40I-Wet Detention Basin O&M-Rev.4 Page 1 of Permit Number: (to he provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How 1 will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. ECEPVE SEP 0 9 2019 Form SW401-Wet Detention Basin O&M-Rev.4 BY: Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How 1 will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5.65 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 33:0 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom 6_0 --------------- FOREBAY BASIN DIAGRAM (fill in the blanks) R Min. Sediment Storage Form SW401-Wet Detention Basin O&M-Rev.4 Permanent Pool Elevation 9.0 Pool Sediment Removal Elevation 3.35 volume --------------------- — - ------ Bottom Elevation 1.5 j Iv}in. 2imcni Storage MAIN POND ECEOVE SEP 0 9 2019 E By: _� Page'3 of 4 Permit Number: (to be provided by DWQ) 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Shallotte Crossing BMP drainage area number: Print name:Steven J. Townley Title:Senior Vice President Phone: Signature: Date: Steven J. President Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 11 � )Rnyt l74� L . / �a�n� , a Notary Public for the State of 1—yor,hit 7— , County of Mi_-/� t1e,-7AZ ! , do hereby certify that 'te UI/L J %� le uJ personally appeared before me this clay of o/ , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, JENNL. MALINA Notary Public North Carolina Mecklenburg County SEAL /���� ei(_ My commission x� a� aoaa ECEPvE ,, SEP 0 9 2019 By.._ Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 I,.- 1 51 . COASTAL CAROLINA �,_ �RESOORCE GROLIPm Stormwater Facility Inspection Report Wet Detention Pond Project Name Shallotte Crossing SW Permit # SW#80000216 Location Expires Permittee Eng. Cert. Address Phone Fax Contact Aston Properties Design Parameters Mary Anne Richard NWL Elev. Address 610 E. Morehead St. Suite 100 Forebay Charlotte, NC 28202 Bot Elev Phone 704-319-4926 Fax 704-365-3215 Pond E-mail marichard(caastonprop.com Bot Elev Observations Satisfactory Moderate Severe Debris Around Pond X+ _ In Pond X _ At Outlet Pipe X On Outlet Grate X Vegetation Pond Banks X Vegetative Shelf X Algae X Aquatic Vegetation X Erosion Pond Banks X Forebay Berm X _ Inlets/Outlet X Pond Water Level 0.3 Ft X Above NWL _Below NWL Sediment Depth Below NWL Forebay Pond Chemicals Applied 'f No chemicals applied. Signed � "4 cam— Date Top Storage Bot Depth Bot Depth Comments Pond # 1 Insp. Date 6/11/2019 Time 11:00 Weather Overcast SOF Inspector Nick Garner Phone 910-791-5432 E-Mail nick @ccrenc.com Removed debris from around pond Removed debris from Pond HWL Elev Sed. Depth Sed. Depth Removed debris from outlet grate, unclogged draw down orifice 6/11/2019 V 44 COASTAL CAROLINA �i RESOURCE GROUP�� 1: Shallotte Crossing Pond Stormwater Facility Inspection Report Wet Detention Pond Field Pictures N I.. rn 00 o m cn Asa C •� CO COASTAL CAROLINA ri >RESOURCE GROUPx Stormwater Facility Inspection Report - Wet Detention Pond Project Name Shallotte Crossing SW Permit # Location Expires Permittee Eng. Cert. Address Phone Contact Address Fax Aston Properties Mary Anne Richard 610 E. Morehead St. Suite 100 Charlotte, NC 28202 Phone 704-319-4926 Fax 704-365-3215 E-mail marichard(@astonprop.com Observations Satisfactory Debris Around Pond In Pond At Outlet Pipe On Outlet Grate Vegetation Pond Banks Vegetative Shelf Algae Aquatic Vegetation Erosion Pond Banks Forebay Berm Inlets/Outlet Pond Water Level Sediment Depth Below NWL Chemicals Applied SW#80000216 Design Parameters NWL Elev. Forebay Bot Elev Pond Bot Elev Moderate Severe X _ X _ X _ X X _ X _ X_ _ X X _ X _ X _ 0.5 Ft X Above NWL _Below NWL Forebay Pond No chemicals applied Pond # 1 Insp. Date 7/10/2019 Time 9:30 Weather Overcast8OF Inspector Nick Garner Phone 910-791-5432 E-Mail nick@ccrPnc.cam Top Storage Bot Depth Bot Depth Comments Removed debris from around pond HWL Elev Sed. Depth Sed. Depth Removed debris from pond < M :A 0 _ a o :< Signed '0 �_ �C�[ �.� Date 7/10/2019 COASTAL CAROLINA RESOURCE GROUPrc Picture 1: Shallotte Crossing Pond Stormwater Facility Inspection Report Wet Detention Pond Field Pictures ASTON p r o p e r t i e s September 3, 2019 Ms. Kelly Johnson, Environmental Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Reference: Shallotte Crossing Permit Number SW8 000216 Permit Transfer Application Dear Ms. Johnson, Enclosed please find the following information for the Permit Transfer of SW8 000216 to Shallotte Crossing, LLC: 1. Two (2) Original Applications; 2. Application Processing Fee of $505; 3. Copy of Shallotte Crossing, LLC's Certificate of Existence; 4. A copy of the Special Warranty Deed for Shallotte Crossing, LLC's purchase of the property from Alec Chaplin; Should you need additional information or have questions, please do not hesitate to contact me at (704) 319-4921. Sincerely, ASTO PROPER J Bryan E mith, PE Aston Properties, Inc. 610 E. Morehead Street, Suite 100 Charlotte, NC 28202 704.366.7337 704. 365. 3215 Fax NORTH CAROLINA Department of the Secretary of State CERTIFICATE OF EXISTENCE (Limited Liability Company) I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that SHALLOTTE CROSSING, LLC is a limited liability company duly formed, and existing under the laws of the State of North Carolina, having been formed on 26th day of July, 2000 I FURTHER certify that, as of the date of this certificate, (i) the said limited liability company is not dissolved under the terms of its articles of organization, (ii) the said limited liability company's articles of organization are not suspended for failure to comply with the Revenue Act of the State of North Carolina, (iii) that said limited liability company is not administratively dissolved for failure to comply with the provisions of the North Carolina Limited Liability Company Act, (iv) that this office has not filed any decree of judicial dissolution, articles of dissolution, articles of merger, or articles of conversion for said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 26th day of August, 2019. Scan to verify online. Certification# 105488885-1 Reference# 15562652- Page: I of 1 Secretary of State Verify this certificate online at hitp://www.sosnc.gov/verification Johnson, Kell From: Johnson, Kelly Sent: Wednesday, July 31, 2019 3:31 PM To: Bryan Smith Subject: RE: [External] SW800216 Shallote Crossing Thanks for the call, Bryan. As discussed, we will extend the due date to 9/2/19. 1 understand that you intend to submit the renewal application and the transfer application soon, and that you are in the process of discussing the situation with an engineer to determine the path forward for the modification. I also understand that the outgoing permittee is dissolved, and that the people involved in that entity are no longer around. Please have the incoming permittee sign for both the renewal and the transfer. If this will be issued to two entities, then please have both sign the paperwork. Thanks, Kelly From: Bryan Smith [mailto:besmith@astonprop.com] Sent: Wednesday, July 31, 2019 3:28 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: RE: [External] SW800216 Shallote Crossing From: Johnson, Kelly <kelly.pJohnson@ncdenr.gov> Sent: Monday, July 22, 2019 1:17 PM To: Bryan Smith <besmith@astonprop.com> Subject: RE: [External] SW800216 Shallote Crossing Thanks Bryan. I will leave this email on file. Kelly From: Bryan Smith [mailto:besmith@astonprop.com] Sent: Friday, July 19, 2019 5:49 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Subject: [External] SW800216 Shallote Crossing Kelly, I received your letter dated July 2" on July 8". 1 wanted to let you know we are working getting the information together but since I was not here during the development of the project I am having to go through and find the plans. I am on vacation next week and am not going to be able to get all of the requirements completed by August 2nd However, I wanted to let you know we are working on getting this resolved. Sincerely, Bryan Smith, PE Senior Project Manager ASTON e£RLIAHILITY.FO LITY. . RH p f o P a r I I a! INTEGRITY. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 ( Fax: 704.365.3215 1 www.astonorop.com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception, copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. 2 Johnson, Kelly From: Johnson, Kelly Sent: Monday, July 22, 2019 1:17 PM To: Bryan Smith Subject: RE: [External] SW800216 Shallote Crossing Thanks Bryan. I will leave this email on file Kelly From: Bryan Smith [mailto:besmith@astonprop.comj Sent: Friday, July 19, 2019 5:49 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: [External] SW800216 Shallote Crossing Kelly, I received your letter dated July 2Id on July 8`h. 1 wanted to let you know we are working getting the information together but since I was not here during the development of the project I am having to go through and find the plans. am on vacation next week and am not going to be able to get all of the requirements completed by August 2nd However, I wanted to let you know we are working on getting this resolved. Sincerely, Bryan Smith, PE Senior Project Manager ASTON eQPPORMAMCG. RB LIABILITY. p f Bp 1 B P e r l—I , , IM TROIIITY. 610 E. Morehead St I Suite 100 1 Charlotte, INC 28202 Phone: 704.319.4921 1 Fax: 704.365.3215 1 www.astonprop.com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception, copying. accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. Johnson, Kelly From: Mike McHugh <mmchugh@mcmillanpazdansmith.com> Sent: Tuesday, July 2, 2019 1:54 PM To: Johnson, Kelly Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Kelly, Thank you for reaching out to me. This is not the Chilis restaurant. This will be an Eggs Up Grill restaurant. I'm going into a meeting but would like very much to discuss this with you. Either email me a contact number or feel free to call me around 3:30 on my cell phone 7864-205-0780. Thank you, Mike McHugh mcmlllanIpazdanIsm lth a r c h i t e c t u r e mike mchugh 127 dunbar street spartanburg, sc 29306 po box 5331 spartanburg, sc 29304 o. 864 585 5678 f. 864 542 945'1 d. 864 398 5284 c. 864 205 0780 ideas taking shape From: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Sent: Tuesday, July 2, 2019 1:44 PM To: Mike McHugh <mmchugh@mcmillanpazdansmith.com> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Mr. McHugh, You talked with Brian Lambe recently about adding a patio. He sent it to my supervisor, and she sent it to me. I work with Brian, but I am in the engineering group. Is your client the Chili's restaurant? If so, I think there is a way to get the patio because that restaurant has its own permit (SW8 040227) that drains to the master permit (SW8 000216). But, if not, then this will unfortunately be much more difficult. We did the inspection, and I have sent the attached the letter. Essentially the master permit is written to a now -dissolved corporation, and so now we have to get the permit into a new owner/permittee's name. It is also subdivided in a way that was not permitted, and they have built a configuration that isn't permitted. This will take some time to unravel. Kelly From: Scott, Georgette Sent: Monday, June 17, 2019 5:00 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenrgov> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Kelly, r Please work with Brian and find out what this is about. Let me know how you want to address issues. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. ScottC(Dncd en r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 MI.- /'Nothing Compares.-.,_. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scott, Georgette Sent: Monday, June 17, 2019 4:08 PM To: Lambe, Brian <brian.lam be@ncdenr.gov> Cc: Musial, Connor E <connor.musial@ncdenr.eov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Brian, What was the actual inquiry about? What was the question(s)? Did they just purchase this property? Already own it and are adding on? Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. Scott(@ n cden r. g ov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares..,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Monday, June 17, 2019 1:52 PM To: Scott, Georgette <georeette.scott@ncdenr.gov> Cc: Musial, Connor E <connor.musial@ncdenr.gov> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Please find the attached inquiry regarding SW8000216. Brian Lambe ffi5 cl�� � mil Hm Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 72 15 T 1 9103502004 F I t4Jplilmrlad neden, oru, wcb/b From: Lambe, Brian Sent: Monday, June 17, 2019 12:17 PM To: Mike McHugh <mmchueh@mcmillanpazdansmith.com> Subject: RE: [External] 018514.06 EUG Shallotte Thank you for being thorough and inquiring of the SW permit requirements for your client's proposed restaurant patio (approx. 600 sq ft). The stormwater permit is SW8000216 Shallotte Crossing. Per 2011 Notice of Violation (cox), the stormwater system was not certified by an engineer. There is mention that the deed restrictions were not filed. Additionally, the permit has not been renewed from 2014. The permit holder is Alcon, LLC which is admin dissolved per NC Secretary of State. The current land owner per Brunswick county tax gis is Shallotte Crossing, LLC. All this equates to a very messy situation that your client cannot control. If we can get by the permit issues, you would submit a major or minor modification to the permit. Major if you are adding BUA, minor if you are using permitted BUA. You may seek to install a patio with permeable pavement or raised wooden boards. Brian Lambe Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I hnl) linom l ncdenr orule eh'It From: Mike McHugh <mmchueh@mcmillanpazdansmith.com> Sent: Monday, June 17, 2019 11:39 AM To: Lambe, Brian <brian.lambe@ncdenr.eov> Subject: [External] 018514.06 EUG Shallotte Feel free to call me with any questions. mcmlllanIpaadanIsm lth a r c h I t e c t u r e mike mchugh 127 dunbar street spartanburg, sc 29306 po box 5331 Spartanburg, sc 29304 o. 864 585 5678 f. 864 542 9451 d. 864 398 5284 c. 864 205 0780 ideas taking shape ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director July 2, 2019 NORTH CAROLINA Enmlronmentn/ Qucttty Alcon, LLC (SW8 000216 Permittee), (Dissolved, Most RecentAddress of Record) 1616 John Allen Road Roxboro, NC 27573 Shallotte Crossing, LLC (landowner) managed by Aston Properties, Inc. ATTN: Mr. George Dewey, President 610 E. Morehead Street, Suite 100 Charlotte, NC 28202 HD Development of Maryland, Inc. (land owner) ATTN: Ms. Ann -Marie Campbell, President 2455 Paces Ferry Road Atlanta, GA 30339 Brinker North Carolina, Inc. (SW8 040227 Permittee) ATTN: Mr. Christopher Green, President 6820 LBJ Freeway Dallas,'rX 75240 Subject: State Stormwater Permitting Permit Number SW8 000216: Shallotte Crossing Notice of Non -Compliant Inspection Notice of Permit Extension & Request for Permit Renewal Request for Permit Transfer Request for Permit Modification Permit Number SW8 040227: Chili's Store #1021 Notice of File Review Inspection Brunswick County Dear Mr. Dewy & Ms. Campbell: The Division of Water Quality (DWQ) issued the enclosed permit on May 17, 2000 to Alcon, LLC. Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). The SW8 000216 permit is set up such that Alcon, LLC was the master permittee of a subdivision with two outparcels and draining to, and with all of the stormwater being treated by a common pond that Alcon, LLC owned and was responsible for maintaining. Chili's Store #1021 is located on Outparcel #1 and was permitted correctly under permit number SW8 040227 to drain offsite to the common pond. There are several issues with the remainder of the tract permitted to Alcon, LLC. D_E Q�z North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 NpF11MG1rlIlN °�'�"•""�'�V 910.796,7215 1. Issues with Permit Number SW8 000216: a. Dissolved Permittee: On April 5, 2005 Alcon, LLC was administratively dissolved by the NC Secretary of State. The SW8 000216 permit is therefore not issued to a valid entity, and the current owners are operating without a permit as required by 15A NCAC 02 H .1000, effective September 1, 1995. The tract is required to have a pond to treat its stormwater. b. Permit Section II (15) (c) & (e) prohibited the transfer of ownership and also the further subdivision of the land without a permit modification to SW8 000216. However, the land has been subdivided and sold without a modification. The most recent deeds are held by: HD Development of Maryland, Inc. (BK1815/PG381, 8/28/2003) owns the Home Depot, the attached mini -mall (which covers part of Outparcel 2), and part of the parking lot. ii. Shallotte Crossing, LLC (BK1398/PG1348, 8/25/2000] owns the rest of the tract including the pond (excluding Chili's). c. Pond Issues: There are also several issues with the pond. Please see the enclosed pictures. i. One of the permitted pipes entering the pond currently bypasses the forebay. It should enter on the forebay side of the berm of the pond rather than directly into the main pond. ii. The emergency spillway is not constructed in the location on the permitted plans. iii. There is an unpermitted pipe to the main pond. All pipes entering the pond must be on the plans, and they must also enter the forebay of the pond. Path Forward for SW8 000216: The permit needs to be renewed, transferred to an appropriate entity, and modified to reflect the current configuration. The pond also needs to be maintained, and modified to reflect differences between its constructed and permitted configurations. a. Notice of Permit Extension and & Request for Renewal: The permit's text shows that it was to expire on May 17, 2010. However, on August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. This extended your expiration date to May 17, 2014. Since the permit is expired, a permit renewal is needed. The expiration date of the permit following the renewal will be May 17, 2022. Please submit a Permit Renewal Form which is available on the Division's website at https://deq.nc.gov/about/divisions/energy- mineral- land- resources /energy-mi neral-land- rules /stormwater-pro gram/post- construction. (Since the current permittee, Alcon, LLC, is dissolved they cannot sign. the renewal form. Please have the incoming permittee sign the form in place of that entity.) b. Request for Permit Transfer: An appropriate entity must be identified to become the new permittee. There may be several paths forward to accomplish the necessary tasks. But, it is recommended that Shallotte Crossing, LLC become the SW8 000216 permittee because that entity owns the pond. Per (NCGS 143- 214.7(cS)), please submit a completed and permit transfer application form signed by Shallotte Crossing, LLC. The form is on the same website as the Renewal form. The form contains a list of items needed for the transfer. Please ensure that those items are submitted. For instance, an operation and maintenance (0&M) agreement is needed from the incoming permittee. The "C&M E-Z" form is available at, https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy- mineral-land-permit-guidance/stormwater-bmp-manual. c. Request for Permit Modification: If Shallotte Crossing, LLC becomes the SW8 000216 permittee then that entity needs to apply for a permit modification detailing the subdivision and impervious allocations for the lots'in the subdivision. i. Permit Modification: The permit must be modified to reflect the current subdivision. It may also be modified to reflect additional pipes to the forebay if your engineer deems that that is appropriate. Please apply for a permit modification. The application is on the same website as the Renewal and Transfer forms. ii. Deed Restrictions: The deed restrictions for the current permit were not submitted to this office. But, it appears that those original restrictions will have to be revised because a portion of Outparcel 2 is now covered by the mini -mall connected to Home Depot. Please submit the "High Density Project with Outparcels" deed restrictions which are available online, httos://deq.nc.Rov/about/divisions/enerev-mineral-and-land- resources/sto rmwate r/ stormwater-program/ post -co nstru cti on. iii. Offsite Permits: Any tract inside the SW8 000216 permit that is not owned by the entity that will become the SW8 000216 permittee must submit an Offsite Permit Application to drain offsite to SW8 000216 (similar to the permit that Chili s obtained.) For instance, if Shallotte Crossing, LLC becomes the SW8 000216 permittee then HD Development of Maryland, Inc. will need to apply for an offsite permit to drain to SW8 000216. Any other tract that has been or will be sold inside the project must also obtain an offsite permit. iv. Certification: The project was certified on July 2, 2001 to have been built correctly. Please be advised that a revised certification reflecting the upcoming modification will be needed in the future per Permit Section 11 (8). d. Maintenance: Please ensure that the items summarized in "Pond Issues" in in Part 1(c) above are addressed. i 3. Permit Number SW8 040227. Chili's Store #1021: a. A file review was conducted for this facility, though a site inspection was not. Please submit the Designer's Certification located on Pages 6 and 7 of your permit which will document that the project is constructed per the plans. (Please note that this certification is for your tract only. It is not for the rest of the permitted area or the pond permitted under SW8 000216.) b. For clarification, Outparcel 1 (Chili's) will not be required to be modified unless changes have been made to the site since its March 1, 2004 permit. It will continue to drain offsite to the SW8 000216 pond and will continue to be allocated 61,200sf of impervious area under its permit, SW8 040227. Please submit the requested information to this Office before August 2.2019 along with the required documentation listed on the form. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7331 or via email at kelly.p.johnson@ncdenr.gov. Sincerely, o nson Envir ental Engineer enclosures: SW8 000216 Permit, 5/17/2000 SW8 040227 Permit, 3/1/2004 SW8 000216 Compliance Inspection Report SW8 040227 Compliance Inspection Report SW8 000216 Inspection Pictures tGDS\kpj: \\\Stormwater\Permits & Projects\2000\000216 HD\2019 07 CEI_deficient 000216 \\\Storm water\Permits & Projects\2004\040227 Offsite\2019 07 CEI_neither 040227 CC: WiRO Stormwater Permit File, SW8 000216 WiRO Stormwater Permit File, SW8 040227 iai nommolL-rn B•D OF CLRB I / SW8 000216 - Shallotte Crossing - Inspection 6/21/19 ozo o0 0o°cto --�--- J I..477 / 1 _ I BC • OM OF POOC-150 i NCj MAL POOL-00 ' 1 nn I 5/8" R.S. iTHt c, FES NV. =850 Lill B�e% W/RP RAP B•ERGY U'SPATOR 20'dYYOEaE#162CBIC.Y SPLLWAY LIE'To—,F1'TER BOTTOM wrrH T nm 3 nTIiD�E55 OF RP RAP ON FILTER cs L65PATOR- EXbTUqG Mai TO REMN i� _,WAY TFKgEs OF RP HEY==-aoo ii_:20 0 PA 6 Forebay: The pipe enters the 6 forebay, not the main pond. n Compliance Inspection Report Permit: SW8000216 Effective: 05/17/00 Project: Shollolte Crossing Owner: Alcon LLC County: Brunswick Region: Wilmington Contact Person: Alec Chaplin Directions to Project: Expiration: 06/17/14 Type of Project: State Stormwater - HD - Detention Pond Drain Areas: On -Site Representative(s): Adress: CitylState/Zip: Title: Managing Member Phone: 803-799-9683 Related Permits: SW8040227 Brinker North Carolina Inc - Chili s Store #1021 Inspection Data: 06/21/2019 Entry Time: 10:30AM Primary Inspector: Connor Musial Secondary Inspector(s): Kelly Johnson Reason for Inspection: Routine Permit Inspection Type: Stale Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Exit Time: 11:15AM Phone: Inspection Type: Compliance Evaluation page: 1 permit: SW8000216 Owner - Project: Alcon LLC Inspection Date: 06/21/2019 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? ❑ 0 ❑ ❑ Signed copy of the Engineer's certification is in the file? M ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? M ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑ Comment: The permit is expired. Renewal is needed. The project was certified in 2001. The O&M signed by the original permittee is on file. Deed restrictions are not on file. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ M ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ M ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: The protect has been subdivided. It is not constructed per the plans SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑ Are the inlets located per the approved plans? ❑ 0 ❑ ❑ Are the outlet structures located per the approved plans? ❑ 0 ❑ ❑ Comment: The stormwater system was certified in 2001, but chanqes have evidently been made since that time because the project no longer matches the plans One of the inlet pipes is now on the main pond side of the berm rather than the forebav side of the berm, the emergency spillway location has been moved and there is an unpermitted pipe to the main pond. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: The pond needs maintenance. page: 2 r Compliance Inspection Report Permit: SW8040227 Effective: 03/01/04 Expiration: Project: Chili's Store #1021 Owner: Brinker North Carolina Inc County: Brunswick Region: Wilmington Adress: Business Hwy 17 And Sr 130 City/StatelZip: Shallotte NC 28470 Contact Person: Monte Rosenberager Title: Development Manager Phone: 972-770-5918 Directions to Project: Approx 650 feet south on the intersection of US Hwy 17 Business and NC Hwy 130 on the east side of US Hwy 17 Business Type of Project: State Stormwater - Off -site Drain Areas: On -Site Representative(s): Related Permits: SW8000216 Alcon LLC - Shallotte Crossing Inspection Date: 07/01/2019 Entry Time: 01:OOPM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stale Stormwater Facility Status: ❑ Compliant N Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Exit Time: 04:45PM Phone: 910-796-7331 Inspection Type: Compliance Evaluation page: 1 Permit: SW8040227 Owner - Project: Brinker North Carolina Inc . . I Inspection Date: 07/01/2019 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? . El ❑ ❑ Signed copy of the Engineer's certification is in the file? El 0 ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ 0 ❑ Comment: File Review Only: This file review is in relation to issues with the master permit SW8 000216 One of those issues was the deed restrictions The master permittee did not record the restrictions required under his permit. But. the SW8 040227 permit is written for the appropriate allocation The Certification is needed for this permit. page: 2 r'..Ar2i State Stormwater Inspection Report lon ote��s oe�„r.. •.. veu.. Project Name: 6 76- Q, 4-6 Permit No: SW80=)ai(p Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: ` I /tol q Time In: 10 : j p Time Out: It: I rj Current Weather: Recent Rain (Date)? Rain - in Location Facility Address / Location: City: Zip: County: Lat: 0 1"N Long: - 0 1"W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): High (HD) Low (LD) Stormwater Best Management Practices (BMPs) (inserl number of each): _Wet Ponds _Infiltration Basins _Infiltration Trenches LD Swales _Stormwater Wetlands _Dry Ponds Bioretention _Permeable Pavement _Sand filters (circle one) Open Closed _Cistern _Level Spreader/Filter Strip Other (spec): rile oe..Io,., Yes No NIA N/E 1. Is the permit active? iR - 2. Signed Engineer's Certification on file? 3. Signed Operation and Maintenance agreement on file? 4. Recorded Deed Restrictions on file? c:... %1;�;+. c„ot t t...... Are. tauet Yes No NIA N/E 5. BUA is constructed and consistent with the permit requirements? 6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only) 7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs ✓ 8. Draina a area is stabilized? to reduce risk of sedimentation to the SW BMPs ✓ Vnc GL. AnA Id IF 9. Stormwater BMPs are located per the approvedplans? 10. Stormwater BMPs have dimensions e . length, width, area) matchingthe approved plans? I I. Stormwater BMPs are constructed per the approvedplans? co.., rr,..:.. —A ee�c..#e.....,e Yes No N/A N/E 12.VAccess points to the site are clear and well maintained? 13. Trash has been removed as needed? 14. Excessive landscape debris (grass clippings, leaves, etc) is controlled? 15. Stormwater BMPs being operated and maintained as per the permit requirements? 16. Ins ection and Maintenance records are available for inspection? (high density onl , 1995 - eresent only)of No N/A N/E Yes No NIA N/E 1 18. Is the site compliant with other water quality issues as noted during the inspection? I I _ I I State Stormwater Inspection Report, Version 3.0_3-09 Page I of 2 State Stormwater Inspection Report '3 c,4L.4sr'w../ Ls; a•P65a C, 4Ceo< I0 AW+e ticJ^ii' e-meryw.. wetr InA InCok-t of by* t-�, ciK n ,I(/'IF "1,;3, -Flew J7 ,.. 721, RCp to *,;,x p—1 pt�l �rebcy a- t a%d +rr e c , hank --> fear swAAe4I- S`I'YVedeAQ K� / 1/Iq f4dd.'k'` Il P,at (aCAW ;n +lain Rol �Ctatt �, Ovi is of the pictures taken during the site �j-t ` 1 W t.C� SVtcrc.-Q Jr'Iot'wt(,�n>er� f erui4-9 P,1,t,\200a,,\ H D\ Compliance Status ❑ Compliant (7(— Non -Compliant, Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent: Kererence Numoer: Inspector Name and Signature: Date: te%/�� 1 ( 2-co State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2 State Stormwater Permit — File Review — SW8 000216 K. Johnson Notes Date: 711/19 1. Most Recent Issue Date: 5/17/2000 2. Expiration Date in Permit: 5/17/2010 a. Legislative extension issued to: 5/17/2014 b. Renewal Needed, expiration to be: 5/17/2022 3. Current Permittee: Alcon, LLC a. Administratively dissolved by the NC Secretary of State, 4/5/2005 b. Most recent contacts: Alan & Connie Shadow,1616 John Allen Road, Roxboro, NC 27573 4. Current Owner #1: Sharlotte Crossing, LLC (owns the pond) a. Owner is managed by Aston Properties, Inc. which is managed by George S Dewey & Steven J Townley b. Address: 610 East Morehead Street, Suite 100, Charlotte, NC 28202 5. Current Owner #2: HD Development of Maryland, Inc. (their land was subdivided from the master, Home Depot) a. There are many individuals with signature authority. b. Address: 2455 Paces Ferry Road, Atlanta, GA 30339-1834 6. Compliance: a. File Review Inspection Documents: I. Recorded Deed Restrictions on file: No ii. 0&M on file: Yes iii. PE Certification on file: Yes, Completed 2001 b. Field Inspection: i. Inspector: Connor Musial ii. Date: 6124/19 iii. Issues/Actions Needed: 1. Field Inspection: a. Three additional businesses have been added to the Home Depot building (as a mini -mall, not as outparcels). b. Pond: I. The emergency weir is not located or built to the permitted design. ii. Rip rap is pushing flow from the 72" RCP to the main pond instead of the forebay. iii. There is a large tree on the bank. iv. There is an additional pipe located in the main pool across from the outlet. 2. Two Outparcels: a. Outparcel 1: SW8 040227, Chili's b. Outparcel 2: Office Depot is built on part of it. Need to modify the permit to show the current configuration. 7. Session Law 2013-121 (Transfer to MIA Permittee): a. New owner needs to request the transfer. b. New owner now owns the property. c. DEMLR can't put new restraints on the new owner. 8. Diagrams: c Parcel PIN: 108816939695 Calc. Acreage: 19.13 Zoning: HB Legal Description 19.15AC SHALLOTTE CROSSING PLAT 26/182 Owner Information Owner Name: SHALLOTTE CROSSING LLC Mailing Address: 610 E MOREHEAD ST #100 CHARLOTTE, NC 28202 Deed and Plat Referenrac Deed Book: 01398 Deed Page: 1348 Plat Book: 0026 Plat Page: 182 w �a %o Johnson, Kelly From: Scott, Georgette Sent: Tuesday, June 18, 2019 1:10 PM To: Johnson, Kelly Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Brian answered by question below. this email relates to the oneI sent you; yesterday. Georgette Scott State Stormwater Program Supervisor oy1Ci1�� Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette.Scott(a)ncdenr.gov A71L) Cardinal Drive E Wilmington, NC 28405 Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Tuesday, June 18, 2019 10:06 AM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 The lease holder for a unit wants to add a patio for customers. Brian Lambe Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 'r 1 9103502004 17 hlt r//nunurnnlenr.ur wyb/Id From: Scott, Georgette Sent: Monday, June 17, 2019 4:08 PM To: Lambe, Brian <brian.lambe@ncdenr.Rov> Cc: Musial, Connor E <connor.musial@ncdenr.gov> Subject: RE: [External] 018514.06 EUG Shallotte SW8 000216 Brian; What was the actual inquiry about? What was the question(s)? Did they just purchase this property? Already own it and are adding on? Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. ScottCa)ncd en r. gov 127 Cardinal Drive Ext. Wilmington, NC 28405 0 -'. s Nothing Comparesw._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Monday, June 17, 2019 1:52 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Cc: Musial, Connor E <connor.musial@ncdenr.gov> Subject: FW: [External] 018514.06 EUG Shallotte SW8 000216 Please find the attached inquiry regarding SW8000216. Brian Lambe Environmental Specialist 910-796-7313 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 9107967215 T 19103502004 F IInig'./�portal.nc�enr_om�rna cb!h/ From: Lambe, Brian Sent: Monday, June 17, 2019 12:17 PM To: Mike McHugh<mmchugh@mcmillanpazdansmith.com> Subject: RE: [External] 018514.06 EUG Shallotte Thank you for being thorough and inquiring of the SW permit requirements for your client's proposed restaurant patio [(approx. 600 sq ft). The stormwater permit is SW8000216 Shallotte Crossing. Per 2011 Notice of Violat on (cox) -the stormwater system was not certified by an engineer. There is mention that the deed restrictions were not filed. Additionally, the permit has not been renewed from 2014. The permit holder is Alcon, LLC which is admin dissolved per NC Secretary of State. The current land owner per Brunswick county tax gis is Shallotte Crossing, LLC. All this equates to a very messy situation that your client cannot control. If we can get by the permit issues, you would submit a major or minor modification to the permit. Major if you are adding BUA, minor if you are using permitted BUA. You may seek to install a patio with permeable pavement or raised wooden boards. Brian Lambe Environmental Specialist 910-796-7313 State of Nonh Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 9107967215 T 1 9103502004 F I Inm:b2onal,tedenr.oro v.eb4d From: Mike McHugh<mmchugh@mcmillanpazdansmith.com> Sent: Monday, June 17, 2019 11:39 AM To: Lambe, Brian <brian.lambe@ncdenrgov> Subject: [External] 018514.06 EUG Shallotte Feel free to call me with any questions. 19) m c m I I I a n I p a a d a n I s m I t h a r c h i t e c t u r e mike mchugh 127 dunbar street spartanburg, sc 29306 po box 5331 spartanburg, sc 29304 o. 864 585 5678 f. 864 542 9451 d. 864 398 5284 c. 864 205 0780 ideas taking shape 3 I ``I`a LIMITED LIABILITY COMPANY ANNUAL REPORT : IOQUU' NAME OF LIMITED LIABILITY COMPANY: Shallotte Crossina. LLC SECRETARY OF STATE ID NUMBER: 0558449 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: 1. NAME OF REGISTERED AGENT: DEWEY III, G. STEELE 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 610 E. Morehead St. Suite 100 E - Filed Annual Report 0558449 CA201906000043 3/21/2019 12:34 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Mecklenburg County Charlotte, NC 28202-2699 SECTION B: 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 366-7337 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 8 COUNTY 610 E. Morehead Street, Suite 100 Charlotte, NC 28202-2699 5. PRINCIPAL OFFICE MAILING ADDRESS 610 E. Morehead Street, Suite 100 NC 28202-2699 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: /p Aston -Pro erties, Inch TITLE: Marlaser ADDRESS: 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Aston Properties, Inc., by Emily Padilla Tax Director 3/20/2019 SIGNATURE Form must be signed by a Company Official listed under Section C of This form. Aston Properties, Inc., by Emily Padilla Tax Director Manager Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division. Post Office Box 29525, Raleigh, NC 27626-0525 BUSINESS CORPORATION ANNUAL REPORT 10 2017 NAME OF BUSINESS CORPORATION: AStoi PCOPet'ties;-Inc.-- SECRETARY OF STATE ID NUMBER: 0007597 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 8 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Townley, Steven J 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Mecklenburg County SECTION B: PRINCIPAL OFFICE INFORMATION Filed Annual Report 1/2019 12:34 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 1. DESCRIPTION OF NATURE OF BUSINESS: Developer 4. REGISTERED OFFICE MAILING ADDRESS 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 319-4932 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 610 E. Morehead St. Suite 100 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Charlotte, NC 28202-2699 6. Select one of the following if applicable. (Optional see instructions) The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: George S Dewey NAME: Steven J Townley TITLE: President TITLE: Chief Financial Officer ADDRESS: 610 E. Morehead St. ADDRESS: Ste 100 Charlotte, NC 28202 610 E. Morehead Street Suite 100 Charlotte, NC 28202 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business enf Leven J Townley 3/20/2019 SIGNATURE Form must be signed by an officer listed under Section C of this form. DATE Steven J Townley Chief Financial Officer Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 2752"525 BUSINESS CORPORATION ANNUAL REPORT opnr\Q ' to 2017 NAME OF BUSINESS CORPORATION: 1{D DCVel5-pmeftt Of Mdr ylitfd-,—jllC� SECRETARY OF STATE ID NUMBER: 0711499 STATE OF FORMATION: MD REPORT FOR THE FISCAL YEAR END: 1 2/3 1 /20 1 8 SECTION A: 1. NAME OF REGISTERED AGENT: Corporation Service Company 2. SIGNATURE OF THE NEW REGISTERED AGENT: Filed Annual Report 11499 ,201911501430 512019 12:50 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: REIT 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 2. PRINCIPAL OFFICE PHONE NUMBER: (770) 433-8211 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 2455 Paces Ferry Road Atlanta, GA 30339-1834 5. PRINCIPAL OFFICE MAILING ADDRESS 2455 Paces Ferry Road Atlanta, GA 30339-1834 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: James D Bramlett Jr. NAME: Jocelyn J. Hunter NAME: Stacy S Ingram TITLE: Assistant Secretary TITLE: Assistant Secretary TITLE: Assistant Secretary ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business enl' Macy S Ingram SIGNATURE Fonn must be signed by an officer listed under Section C of this form. Stacy S Ingram Print or Type Name of Officer 4/25/2019 DATE Assistant Secretary Print or Type Title of Officer MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 SECTION E: ADDITIONAL OFFICERS NAME: Karen DeWalt NAME: Carol B. Tome NAME: Ann -Marie Campbell TITLE: Assistant Treasurer TITLE: Treasurer TITLE:—preSldeIlt--? ADDRESS: ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 Atlanta, GA 30339 NAME: Teresa Wynn Roseborough NAME: Carol B. Tome TITLE: Secretary TITLE: Vice President NAME: Teresa Wynn Roseborough TITLE: Vice Precirient ADDRESS: ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 Atlanta, GA 30339 NAME: Scott C. Bomar TITLE: Assistant Treasurer ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: K. David Steele TITLE: Assistant Secretary ADDRESS: NAME: Janara N. Jones NAME: Peter J. Muniz TITLE: Assistant Treasurer TITLE: Assistant Secretary ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 NAME: Michael C. LaFerle NAME: TITLE: Vice President TITLE: ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 NAME: NAME: TITLE: TITLE: ADDRESS NAME: TITLE: ADDRESS: IJ�ldl TITLE: Name: TITLE: ADDRESS: NAME: TITLE: ADDRESS: ADDRESS: ADDRESS: Casmer, Jo From: Casmer, Jo Sent: Thursday, December 20, 2012 3:04 PM To: 'khegadore@zdc.com' Subject: Shallotte Crossing Attachments: SW8 000216 Permit Extension.pdf; 2000 05 permit 000216.pdf Kelly: It was nice speaking with you today. As promised, I am attaching the originally issued permit for Shallotte Crossing, as well as the permit extension letter which changes the expiration date of the permit to May 17, 2014. I will be back in touch with the project listings for Zimmer Development and ZPD as requested. jo casmer Administrative Assistant IV NC Dept. of Environment & Natural Resources Division of Water Quality -Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7336 Fax: (910) 350.2004 Email mirespiondence to and from this address may be subject to the North Carolina Public Records Law and may be disdosed to third patties. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 29, 2011 Mr. Alec Chaplin, Managing Member Alcon, LLC 1401 Main Street Columbia, SC 29201 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Permit #SW8 000216 High Density — Shallotte Crossing Brunswick County Dear Mr. Chaplin: Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010- 177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 000216 which has already expired on May 17, 2010, is now in effect until May 17, 2014. Please resubmit the renewal application and fee at least 180 days prior to May 17, 2014, which would be November 17, 2013. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms—docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, Georgette Scott Stormwater.Supervisor Division of Water Quality S:WQS\STORMWATER\RENEWALS\SL2009-406 2010-177\000216.mar11 cc: Wilmington Regional Office Wilminamn Reainnal Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer service: 1-877-623 6748 1�TOne h t�ortlll.!� arol1niA Internet: www.ncxvaterquality,org Nas uNR,`l,, An Equal Opportunity l Affirmative Action Employer L J February 22, 2011 Shallotte Crossing Stormwater Permit No. SW8 000216 Shallotte Crossing Page 1 of 2 Brunswick County Stormwater Proiect No. SW8 000216 Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial, compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 February 22, 2011 Shallotte Crossing Stormwater Permit No. SW8 000216 Certification Requirements: cc: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outleUbypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. NCDENR-DWQ Brunswick County Building Inspections Page 4 of 4 SW8 000216 — Shallotte Crossing — Inspection 6/21/19 i Psrcel Information P79:! ID: 1980001908 Parcel PIN: 109813034743 ,., CaIc.Acreage: 11.57 Zoning: HB Legal Description 11.59AC SHALLOTTE CROSSING PL 23/180- Owner Information 1IRF 1 Owner Name: f HD DEVELOPMENT OF MARYLAND INC Mailing Address: P� PO BOX 105842 ATLANTA, GA 30348 Deed and Plat References -ed Book:01815 Parcels:18200186 Property Tax Cards ! 2019 Tax Card 2018 Tax Card 2017 Tax Card 2016 Tax Card 2015 Tax Card Parcel Information Parcel ID: 18200186 Parcel PIN: 108816946213 Calc. Acreage: 1.66 Zoning: HB Legal Description 1.56AC SHALL CROSS CENTER PL 26/181-2 Owner Information Owner Name: SHALLOTTE CROSSING LLC Zoom to 1 •••