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 •••