HomeMy WebLinkAboutSW8040323_HISTORICAL FILE_20111116STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 b LAO 323
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
lb\\ \W0
YYYYMMDD
North Carolina
Beverly Eaves Perdue
Governor
November 16, 2011
`ter
NCDENR
Department of Environment and
Division of Water Quality
Colleen H. Sullins
Director
Anna J. Patsalos
Snapper Commercial Properties, LLC
P.O. Box 26004
Wilmington, NC 28408
Subject: Name Change / Ownership Change
Shallotte Shops
Stormwater Permit No. SW8 040323
Brunswick County
Dear Ms. Patsalos:
Natural Resources
Dee Freeman
Secretary
On March 9, 2011, the Wilmington Regional Office received a request for transfer of ownership
of the Stormwater Management Permit for the subject project. Staff of the Division of Water
Quality have inspected the project, determined that the documentation is in order, and the
project is in compliance with the Stormwater permit requirements. As indicated on the
Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which
includes the application and supplement forms, a copy of the approved plans and a copy of the
required Operation and Maintenance agreement from the previous permittee. By acknowledging
receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the
responsibility for complying with the terms and conditions outlined in this permit. If you need
additional copies of the permit, or copies of the approved plans, please contact the Division of
Water Quality in the Wilmington Regional Office at the phone number below. Please replace the
old second page of the permit with the enclosed updated page.
Please be aware that the project's built -upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance
of the approved system shall be performed in accordance with the Operation and
Maintenance agreement. Any modifications to this project must be submitted to the Division
of Water Quality and approved prior to construction. The issuance of this approval does not
preclude you from complying with all other applicable statutes, rules, regulations or
ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit
or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call Steve Pusey or
me at (910) 796-7215.
Sincerely
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/ sgp: S:\WQS\Stormwater\Permits & Projects\2004\040323 HD\2011 11 permit 040323
cc: Phil Tripp, PE — Tripp Engineering
Brunswick County Building Inspections
Wilmington Regional Office File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
One
Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer service: 1-877-623-6748
Nort1.` Carolt na
Internet:w .ncavaterquality.org
6
Naturally
An Equal Opponuniy \ Affirmative Action Employer
! l`(( J
State Stormwater Management Systems
Permit No. SW8 040323 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Snapper Commercial Properties, LLC
Shallotte Shops
Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until October 12, 2016, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 68,366 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Perrrgit Number:
2. Project Name: wla- f7;E04
3. Current Permit Holder's Company Name/Organiz//ation: /�ZG
4. Signing Official's Name: d'o 7 vcE M` Title: /1Atiw
(person legally resp ns a
5. Mailing Address: L��
City: Lit/,/y, is nJ State:_ G zip: `7�01 _
6. Phone: ( /o) RSA— a/O ( Fax: ( )
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Itern 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:'EC J/ ��n��� cis LyC
2. Proposed permittee's signing official's name: �,vn o //.yaX f
3. Proposed permittee's Title:
4. Mailing
City4
Phone:
5. New Project Name to be placed on permi
tic zip:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in # 1 above and provide name of HOA(POA) president in #2 above).
The property owner.
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
information on page 4)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev16Nov2009
Page 1 of 4
MAR 0 9 2011
I
III. REQUIRED ITEMS
This application package will not be accepted by the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
1. This completed and signed form.
2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sections)
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit and if not already submitted to DWQ.
5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secretary of State office, which supports the named president, vice president. member, manager
or General Partner.
6. The $40.00 processing fee. If this is an initial transfer from the original permitte rty owner
or other responsible party such as an HOA, the processing fee is not required. Subseq L1111
p
transfers will require the $40.00 processing fee. ti1QR 0 EL
IV. CURRENT PERMITTEE'S CERTIFICATION BY. b TOJJ
Please check one of the following statements:
❑ Check here if the Current Owner is only changing the owner name, company name or p
name, or the mailing address, and will retain ownership of the permit.
I, , the current owner, hereby notify the Division of
Water Quality that I am changing my name or company name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
Check here if Current Owner is transferring (selling) the property to a new owner and will not
retain ownership of the permit,
I, / z� , the current owner, am submitting this application for a transfer of
ownership for permit # �r^'� �,y�?2 �. I hereby notify DWQ of the sale or other legal transfer
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and
Maintenance agreement and copies of p st maintenance records to the Proposed Permittee named
in Sections II and V of this form at the ailing address listed in Section II of this form. I further attest
that I assign all rights and obligation s permittee to the Proposed Permittee named in Section V of
this form. I unders and that this tra fer of ownership cannot be approved by the Division of Water
Quality unless and until the facility s in compliance with the permit and the Proposed Permittee signs
this form. I underst nd that in th event the facility is not in compliance or the Proposed Permittee
does not sign this f rm, the res onsibility to bring the facility into compliance and to comply with the
terms and Qondition of the pe it remains with me until such time as the Proposed Permittee signs
this form a the Di ision ao oves it.
ate:
)rAYS , a Notary Public for the State of
County of ���r�{�t\�F�c , do hereby certify that
�N \��� x personally appeared before me this the
of, ) At�1�lA> gam_, 204, and acknowledge theue;ezecution of, the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
of ry ign u e -
SSW N/O Change Rev16Nov2009 Page 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
i, z&,tx, r% /,o S�fo%S hereby notify the Division of Water Quality that I have
acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and
maintaining, the permitted stormwater management system. I have examined the permit and
inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit
and to comply with the terms and conditions of the permit.
I attest that I have reviewed this application for an ownership change and it is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
I further acknowledge and attest that in the event the required facility inspection reveals that the
project is not in compliance with the permit, I understand this transfer of ownership will not be
approved until the project is brought into compliance. I acknowledge and attest that I have received a
copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved
plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement
and copies of past maintenance records from the previous permittee. I further acknowledge and
agree that I will construct and/or operate and maintain the system per the requirements listed in the
permit and in the nperation a/nd Maintenance agreement. /
Signature: k� Ll rC� Date: 3 (j 114
I, Billie Peterson , a Notary Public for the State of
North Carolina , County of Brunswick do hereby certify that
Anna J. Patsalos personally appeared before me this the
lst day of March , 20 11 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
���oaa�uap,
��.``���IE o
(Notar
Notary SlgnatUv�e) 9s'
e Billie Peterson ,e` Z
My Commission expires: 8/29/2014
.�ep®��,
3
ZZtP G® L 6 C V
Additional copies of the original permit and the approved Operation and M ance plan W 4
obtained from the appropriate Regional Office of the Division of Water Qualifry�/r CCUNZy:..`��
This completed form, including all supporting documents and processing fee, should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW Nr0 Change Rev16Nov2009 Page 3 of 4
I
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections It and V of this form is not the Property Owner. the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name,
Organization:
Title within the Organization:
Street Address:
City: State: vG
Mailing Address: / ox —Z/ s �2 C)05
1 different from street address)
City: �fi/��ri �o,✓ State: NC ZIP:.2��i0�
Phone:
Email:
Fax:
Zip: .2
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A
copy of the lease agreement or pending property sales contract has been provided with the
submittal, which indicates the party responsible for the construction and/or operation and
maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and that if the designated Proposed
Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending
sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me,
the property owner. As the property owner, it is my responsibility to notify DWO by submitting a
completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or
purchaser for the property. I understand that failure to operate and maintain the stormwater
treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1 . and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$25,000 per day, pursuant to NCGS 14-215.6.
Signature of the property owner f Date: —� L
I, Billie Peterson , a Notary Public for the State of
North Carolina
County of Brunswick , do hereby certify that
Anna J. Patsalos personally appeared before me this the
lst day of March , 2011, and acknowledge the due execution of the
forgoing instrument. Witness my hand and
/official seal,
Notary Signature Billie Peterson
SSW NIO Change Rev16Nov2009
Page 4 of 4
(Notary Seal)
t+OTgRj�
AV8LIC ci
,ck CCUN�,o``�`•
'BAR 09 ?01/
NC DENR - Div, or Water Quality I It
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28
�Op'NO$
Off' sES r'0.4T,yCF
A.NLV RfW/I:f�I
02 1 R $ 00.440
0006559826 NOV18 2011
MAILED FROM ZIP CODE 2840 5
Anna J. Patsalos
Snapper Commercial Properties, LLC
P.O. Box 26004
Wilmington, NC21 N'txla 2£d3 be 1 66 1i% f3Jii
RETURN TO SENDER
... NOT DELSVERAt3LE AS ADDRESSED -----
UNAGLE TO FORWARD
BC: 204055406.27 *2090-05107-26-23
2e40505406 I„L11„1„1,J11,,,,1,I„LI„I„Illnnlln„III L„1111)11
-- E
Job No. 03128
Date: 11/9/11
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: (910) 763-5100 • FAX: (910) 763-5631
Email: trippeng@ec.rr.com
LETTER OF TRANSMITTAL
To: NCDENR
Attention: Steve Pusey
Subject: Shallotte Shops SW8 040323
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
REC'0 NOV 0 01 811
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( X ) Other
Cooies Item No. Description
1 Engineer's Certification for Stormwater
These are transmitted as checked below:
( ) For Approval ( X ) For Your Use ( ) Sign & Return ( ) Review
Remarks: Certification provided in response to the Notice of Continuing Violation NOV
2011-PC-0231 dated September 20 2011 Please contact us if you need any additional
information. Thank you
cc:
Signed: Phil Tripp
North Carolina Secretary of State
Page 1 of 1
North C:arnlina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY o=- STATE
PO Box 29622 Raleigh, NC 27626-0622 (919)837-2300
Date: 11 /7/2011
Click here to:
View Document Filings I Sign Up for E-Notifications
J Pre -populated Annual Report Fillable PDF Form I File an Annual Report I
Corporation Names
Name Name Type
INC SNAPPER
COMMERICIAL LEGAL
PROPERTIES, LLC
Limited Liability Company Information
SOSID:
0901132
Status:
Current -Active
Effective Date:
2/28/2007
Dissolution Date:
Annual Report Due Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
PATSALOS, ANNA J
Office Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
Mailing Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
Principal Office
Office Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
Mailing Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
Officers
Title:
MEMBER
Name:
ANNA PATSALOS
Business Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
Title:
MEMBER
Name:
GIANNOULA SIMOTAS
Business Address:
3600 BLUEBELL COURT
WILMINGTON NC 28409
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
1421
http://www.secretary.state.nc. us/corporations/Corp.aspx?Pitemld=815435 8
11 /7/2011
C201026700231
State of North Carolina
Department of the Secretary of State
SOSID: 0901132
Date Filed: 9/24/2010 12:31:00 PM
Effective: 9/2/2010
Elaine F. Marshall
North Carolina Secretary of State
C201026700231
APPLICATION FOR REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION OF
LIMITED LIABILITY C01VIPANY
Pursuant to §57C-6.03(c) of the North Carolina General Statutes, the undersi_ened limited liability company hereby submits this
Application for Reinstatement Following Administrative Dissolution:
I . The name of the applicant limited liability company is: _Stq t�pt eQrAhtesC; aG6?—or' ws- UL
2. The effective date orthe administrative dissolution of the applicant limited liability company was: glala0l O
3. l'he ground or grounds for administrative dissolution of the applicant limited liability company as stated in its Certificate of
Dissolution was or were:
i;'AUXe lot, � aysnv.g\ ce— a boot, } -- —
A. Complete either (a) or (b) as appropriate:
(a) The grounds stated above for the administrative dissolution of the applicant limited liability company did not
exist. (Insert brief explanation.)
(5) The grounds staled above for the administratve dissolution of the applicant limited liability company have been
eliminated. (Insert brief explanatiun.) I
Enclosed is a fee of $100.00 as required by §57C-6-03(c) of the North Carolina General Statutes.
This the-31" day of gobNY 20JLj
SY ngv GtnwsO c;-qi 1 4 S-UL
Na e of Limited Liability Company
Signmure
{1wM �� Sal OS nvnlpet
Type or Print Name and'Iitle
Notes:
1. Filing fee for this Application for Reinstatement is $100.00, payable by check made to the order of the Sect etary of State.
2. This Application must be tiled with the Secretary of State.
(Revised Januwv 2000) Worm L-08)
CORPORATIONS DIVISION P.O. BOX 29525 RALI?IGH. NC 27626-0515
CA201026700186
SOSID: 0901132
Date Filed: 9/23/2010 12:31:00 PM
LIMITED LIABILITY COMPANY Elaine F. Marshall
A0NNUAL REPORT North Carolina Sccretary of State
a
CA201026700186
NAME OF LIMITED LIABILITY COMPANY: Snapper Commericial Properties, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER: 0901132
NATURE OF BUSINESS: Tka1ESA031e �AVdS'imtOv�-
REGISTERED AGENT: PATSALOS, ANNAJ
REGISTERED OFFICE MAILING ADDRESS: 3600 Bluebell Court
Wilmington, NC 28409
REGISTERED OFFICE STREET ADDRESS: 360011luebell Court
Wilmington, NC 28409 New Hmover County
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER: 0,0) 999-53w.
PRINCIPAL OFFICE MAILING ADDRESS: 36M $lux by 1\ O=AA
PRINCIPAL OFFICE STREET ADDRESS:
w;►vY„vs N c a8�to9
3600 Bluoleell eovri
W4w„7� Nc a�4o9
MANAGERS/MEMBERS/ORGANIZERS:
Name: AwWNCq�%+Sc. 0S NameA"V\Vs0U,\4 $ImaA,45 Name:
Tide: uv..ulsa+ Title: Mvvv%Wf r Title:
Address: 36w atw bell 0 4 Address: Address:
City: wtw" City: W�km, G1. City:
Slate: p4CZip: a$ 9 State: NL Ztp: A40O State: Zip:
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
I
FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE
Ala solos Ms4wd6Qtr
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Sttrefary of Sate • Corporations Division • PM Office Box 29521 • Raleigh, NC 27626-0525
Compliance Inspection Report
Permit: SW8040323 Effective: 10/12/06 Expiration: 10/12/16 Owner: Mayfaire I LLC
Project: Shallotte Shops
County: Brunswick 4501 Main St
Region: Wilmington
Shallotte NC 28468
Contact Person: Jon T Vincent Title: Member Manager Phone: 910-256-0101
Directions to Project:
From the intersection of US 211 and US 17, travel south on 17 approx. 4 miles. Site is on the west side of the road
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Shallotte River) (03-07-59) ( SC:HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 10/1912011 Entry Time: 02:00 PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 02:30 PM
Phone:
Inspection Type: Transfer Renewal
Page: 1
Permit: SW8040323 Owner -Project: Mayfaire l LLC
Inspection Dale: 10/19/2011 Inspection Type: Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
Engineer certification received 11/9/2011.
File Review
Yes
No
NA
NE
Is the permit active?
■
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
■
❑
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
DOND
Comment:
Built Upon Area
Yes
No
NA
NE
Is the site BUA constructed as per the permit and approval plans?
■
❑
❑
❑
Is the drainage area as per the permit and approved plans?
■
❑
❑
❑
Is the BUA (as permitted) graded such that the runoff drains to the system?
■
❑
❑
❑
Comment:
SW Measures
Yes
No
NA
NE
Are the SW measures constructed as per the approved plans?
■
❑
❑
❑
Are the inlets located per the approved plans?
■
❑
❑
❑
Are the outlet structures located per the approved plans?
■
❑
❑
❑
Comment:
Operation and Maintenance
Yes
No
NA
NE
Are the SW measures being maintained and operated as per the permit requirements?
■
❑
❑
❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ Cl ■
upon request?
Comment:
Page: 2
Steven
From:
Scott, Georgette
Sent:
Friday, September 30, 2011 10:30 AM
To:
Randy Crouch
cc:
Pusey, Steven
Subject:
RE: Shallotte Shops
Importance: High
Thank you for your response. We will be expecting a schedule for completion by Oct 30th please forward it to me and
Steve Pusey. If this date changes please notify us before Oct 30`h
Georgette Scott
Stormwater Program Supervisor
Stare Smunwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone (910) 796-7335
Fax (910) 350-2004
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.
From: Randy Crouch [mailto:rcrouch(tilitvmgt.com]
Sent: Friday, September 30, 2011 9:22 AM
To: Scott, Georgette
Subject: FW: Shallotte Shops
Ms. Scott,
In response to the stormwater violation notice (attached) we have contracted w/Coastal Retention Services to complete
the needed repairs. They will work directly w/ Tripp Eng to provide the certification. I do not have a firm completion
date but would expect no later than Oct 30th.
Thank you,
Randy Crouch
JTV Management Inc.
Property Manager / Commercial Broker
910.256.0101
rcrouch(rDjtvmpt. com
The information contained herein is accurate to the best of the senders knowledge, however, the recipient assumes all risk and consequences of any
action they take as a result of this information.
From: Rachel Stantliff
Sent: Wednesday, September 28, 20114:38 PM
To: DinoSimotas(@cmail.com
FY
!i Z
73
C.C.Randy Crouch
Subject: Shallotte Shops
Mrs. Simotas,
Attached is the violation notice. I'm copying Randy on this email and will also ask that he contact you tomorrow. Thanks!
dLadkel (Ita d E f
JTV Management Company
1508 Military Cutoff Rd., Ste. 302
Wilmington, NC 28403
(P)(910) 256-0101
(F) (910) 256-0515
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 20, 2011
CERTIFIED MAIL #7008 1140 0002 3401 3291
RETURN RECEIPT REQUESTED
Jon T. Vincent, Member/Manager
Tri-Coast Properties, LLC
1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Subject: NOTICE OF CONTINUING VIOLATION
and Recommendation for Enforcement
NOV-201 1 -PC-0231
Shallotte Shops
Stormwater Permit No. SW8 040323
Brunswick County
Dear Mr. Vincent:
Dee Freeman
Secretary
This letter is to warn you that you are in continuing violation of Title 15A North Carolina
Administrative Code (NCAC) 2H.1003 for failing to comply with terms, conditions, and
limitations of Stormwater Management Permit No. SW8 040323. This permit was
issued to you on October 12, 2006, for Shallotte Shops, located at 4501 Main Street,
Shallotte, Brunswick County, North Carolina. The most recent follow-up file review was
conducted on September 19, 2011.
The original compliance inspection and file review was performed on March 24, 2011,
and the original Notice of Violation was sent to you on March 31, 2011. Due to the
absence of a written plan of action, a follow-up file review was conducted on May 27,
2011, and a Notice of Violation with Recommendation for Enforcement was issued on
May 31, 2011. This office has not received a written plan of action in response to
either Notice of Violation.
The following violation was found:
1. Failure to certify the stormwater system. A file review revealed that this office
has not received a Designers Certificate.
Permit condition states that 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
�i approved plans and specifications must be noted on the Certification.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 29405 One
Phone: 910-796-72151 FAX 910-350-20041 Customer Service: 1-877-623-6748 North Carolina
c :w--I— aterqualiry.org naturally
Internet
September 20, 2011
Shallotte Shops, Brunswick County
Stormwater Permit No. SW8 040323
To correct this violation you must:
Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before October 6, 2011.
Submit the required Designers Certificate. .
Failure to provide a "Plan of Action" by October 6, 2011, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and will result in the initiation of enforcement action which will include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
This office is now considering an enforcement action, including the assessment of civil
penalties up to $25,000 per day for each violation, regarding these violations and any
continuing violations that may be encountered.
This office requires that the violations, as detailed above, be abated and properly
resolved. If you have any questions concerning this matter, please call Steve Pusey at
910-796-7215.
Sincerely,
eorgette Scott
Stormwater Supervisor
Division of Water Quality
Enclosures: Designer's Certification Form
GDS/ sgp:
S:\WQS\Stormwater\Permits & Projects\2004\040323 HD\2011 09 NOV_NORE 040323
cc: Karen Higgins - WBSCU
Phillip Tripp, PE — Tripp Engineering
Brunswick County Building Inspections
Georgette, Scott
WiRO
Ostal erviceTI,—
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DWQ Central Files
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Compliance Inspection Report
Permit: SW8040323 Effective: 10/12/06 Expiration: 10/12/16 Owner: Mayfaire I LLC
Project: Shallotte Shops
County: Brunswick 4501 Main St
Region: Wilmington
Shallotte NC 28468
Contact Person: Jon T Vincent Title: Member Manager Phone: 910-256-0101
Directions to Project:
From the intersection of US 211 and US 17, travel south on 17 approx. 4 miles. Site is on the west side of the road
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Shallotte River) (03-07-59) ( SC,HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/1912011 Entry Time: 04:30 PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 04:45 PM
Phone:
Inspection Type: Transfer Renewal
Page:1
Permit: SW8040323 Owner -Project: Mayfaire I LLC
Inspection Date: 09/1912011 Inspection Type: Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
To bring this permit into compliance, the following actions should be taken:
1. Submit an engineer's certification to DWO.
Note: The March 9, 2011 request to transfer ownership to Snapper Commercial Properties, LLC, is not acceptable by
DWO due to current non-compliance issues.
File Review
Is the permit active?
Signed copy of the Engineers certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: Engineer certification not found in file.
Yes No NA NE
Page: 2
Compliance Inspection Report
Permit: SW8040323 Effective: 10/12/06 Expiration: 10/12/16 Owner: Mayfaire I LLC
Project: Shallotte Shops
County: Brunswick 4501 Main St
Region: Wilmington
Shallotte NC 28468
Contact Person: Jon T Vincent Title: Member Manager Phone: 910-256-0101
Directions to Project:
From the intersection of US 211 and US 17, travel south on 17 approx. 4 miles. Site is on the west side of the road
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Shallotte River) (03-07-59 ) ( SC;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 05/27/2011 Entry Time: 09:15 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: Q Compliant IN Not Compliant
Question Areas:
■ State Stormwater ---
(See attachment summary)
Exit Time: 09:45 AM
Phone: 919-796-7215
Ext.7317
Inspection Type: Transfer Renewal
Page:1
Permit: SW8040323
Inspection Date: 05/27/2011
Owner - Project: Mayfaire I LLC
Inspection Type: Transfer Renewal
Reason for Visit: Follow-up
Inspection Summary:
A Notice of Violation was issued to Tri-Coast Properties, LLC on March 31, 2011 listing a failure to certify the stormwater
system. The return receipt (green card) was signed on April 5, 2011. There has been no communication from the
Permittee to date.
To bring this permit into compliance, complete the following:
Submit an engineers' certification of the stormwater system to DWO.
Note: The March 9, 2011 request to transfer ownership to Snapper Commercial Properties, LLC is not accepted by DWO
due to non-compliance issues of this permit.
File Review
Yes
No
NA
NE
Is the permit active? -
p
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
❑
e
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
❑
❑
■
❑
Comment: PE not found in the file.
Page:2
Hammers, Angela
From: Hammers, Angela
Sent: Monday, April 04, 2011 1:31 PM
To: 'Randy Crouch'
Subject: SW8 040323, SW8 040320, and SW8 000847
Attachments: 2011 03 NOV 040323 LH.doc; 2011 03 CEI_BIMS O40323.pdf
Mr. Crouch,
I am forwarding a copy of the inspection report for the Shallotte Shops stormwater permit (SW8 040323) as a result of a
transfer of ownership request. I did not find a PE cert in the DWQ file.
On a couple of separate issues we have discussed previously, what is the status of the Pelican Sound project (SW8
040320)?
As you may recall, there were some maintenance issues identified when I met you onsite last year. Please submit a
timeline for completion.
Secondly, the Ogden Business Park project (SW8 000847) was inspected with items of non-compliance being no PE,
maintenance needed and transfer of ownership noted. A PE was received, part of the maintenance has been
completed. It is important to note that the stormwater permit is still under the name of Jon T. Vincent, Ogden Business
Park LLC. Please submit a timeline for completion of the remaining maintenance items.
Please pass this information on to your client, Mr. Vincent. If you or Mr. Vincent have any questions, please don't
hesitate to contact me. I look forward to hearing from you and your client with the above requested updates.
Sincerely,
AK.geL Ffan&mers
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: 910.350.2004
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.
■ Complete items 1, 2, and 3. Also complete /+
item 4 if Restricted Delivery is desired.
■ Priht your name and address on the reverse
so that we can return the card to you. g
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PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1540
'-I • Sender: Please print your name, address, and ZIPi4'inthis box
NC DENR - MvWm of Water Quality
Surface Wafer Protection SeeNm
127 Cardinal DrWe Extension
Wllmingtm, NC 2840S
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Total Postage & Fees
or Po Sox No.
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receipt Is not needed, detach and affix label with postage and mail.
MPORTANT: Save this receipt and present it when making an inquiry.
OS Form 3800, August 2006 (Ramme) PSN 7530-02-000-9047
�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
May 31, 2011
CERTIFIED MAIL #7008 1140 0002 9558 9551
RETURN RECEIPT REQUESTED
Jon T. Vincent, Member/Manager
Tri-Coast Properties, LLC
1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION and Recommendation
NOV-2011-PC-0231
Permit Condition Violations
Stormwater Management Permit No. SW8 040323
Shallotte Shops
Brunswick County
Dear Mr. Vincent:
for Enforcement
Dee Freeman
Secretary
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative
Code (NCAC) 2H.1003 for failing to comply with terms, conditions and limitations of a
Stormwater Management Permit No. SW8 040323. This permit was issued to you on October
12, 2006 for Shallotte Shops, located at 4501 Main Street, Shallotte, Brunswick County, North
Carolina.
On March 9, 2011, a request for transfer of ownership was received by the Wilmington Regional
Office (WiRO) of the Division of Water Quality (DWQ) for Stormwater Permit SW8 040323,
Shallotte Shops. On March 24, 2011, Angela Hammers of WiRO performed an inspection to
determine the status of compliance with Stormwater Permit SW8 040323. A Notice of Violation
was sent to you on March 31, 2011 for Failure to certify the stormwater system. The return
receipt was received by DWQ signed on April 5, 2011. Due to the absence of a written plan of
action, a follow up inspection has been conducted on May 27, 2011. As a result of this DWQ file
review, the following violations were found:
1. Failure to respond to a written request. A letter from DWQ was sent on March
31, 2011 notifying the Permittee of the requirement for an engineers' certification
of the stormwater system to be submitted to this office. This letter also required
a written response with a plan of action be submitted to DWQ. This office has
not yet received an engineers' certification or a written plan of action.
Permit condition requires that upon notification of the site not meeting one or more of the
minimum requirements of the permit, the Permittee shall submit a written time schedule to DWQ
for modifying the site to meet minimum requirements, (II. Schedule of Compliance, No.13).
2. Failure to certify the stormwater system. A file review revealed that this office
has not received a Designers Certificate
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910-350 20041 Customer Service: 1.877-623-6748 NorthCarolina
Internet: w .ncvnnerquality.org Natundly
An Equal Oppotlunily \ Affirmative Action Employer
Shallotte Shops
Brunswick County
Stormwater Proiect No. SW8 040323
Page 1 of 2 '
Permit condition states that 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 most be
noted on the Certification.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before June 29, 2011.
2. Submit the required Designers' Certificate.
Thank you for your immediate attention to this matter. This Office is considering an enforcement
action including the assessment of civil penalties regarding these violations and any continuing
violations that may be encountered. Your above -mentioned response to this correspondence
will be considered in this process.
Please be advised, these violations and any continuing or future violations are subject to
a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to
North Carolina General Statute 143-215.6A.
This office requires that the violations, as detailed above, be abated and properly
resolved. Should you have any questions regarding these matters, please contact either
Angela Hammers or myself at (910) 796-7215.
Sincerely,
Georgette Scott,
Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures: Inspection Report; Designers' Certification Form
GS\akh: S:\WQS\StormWater\Permits & Projects\2004\040323 HD\2011
cc: Karen Higgins - WBSCU
Phillip Tripp, PE (Tripp Engineering)
Brunswick County Building Inspections
WiRO Files; Georgette Scott; Angela Hammers
05 novnore 040323
'Olt
Page 2 of 4
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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❑ Agent
❑ Addre
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D. Is delivery address different from Item 1? ❑ Ye:
If YES, enter delivery address below: ❑ No
3. Service Type
Certified Mail ❑ Express Mall
❑ egistered ❑ Return Recelpt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fce)' ^❑eye;
2. Article Number � I i f 1 t , : r ; t 1 ^— i- - r T — _
(ranter from service label) 7 0 0 8 114 0 0 0 0 2 9 5 5 8 9 5 4 4
PS Form 3811, February 2004 Domestic Return Receipt ' .,i02595-02-M-1540
NC'2 1
• Sender: Please print your name, address, and Z P+�°ptj'&s box
NC DIAR - Division of Water Quality
Surface Water fhntection Section
127 Cardinal Drive Extension
Wilmington, NC 2895
EL
I
Mr. Jon T. Vincent
Shallotte Shops
SW8 04323
Failure to provide the 'Plan of Action" by May 2, 2011, or to correct the violations by the
date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please call Angela Hammers at 910-
796-7215.
Sincerely,
(�+� Sc&4
Georgette Scott,
Stormwater Supervisor
Surface Water Protection Section
GS\akh: S:\WQS\StormWater\Permits & Projects\2004\040323 HD\2011 03 NOV 040323
Enclosures: Inspection Report
Designer's Certification Form
cc: John Hennessy- NPSACOU
Georgette Scott, DWQ-WiRO
Tripp Engineering
Brunswick County Engineering
Randy Crouch (,1 1 � e •1 a - L)
WiRO Files; Angela Hammers
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Page 2 of 4
�.��
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
March 31, 2011
CERTIFIED MAIL #7008 1140 0002 9558 9544
RETURN RECEIPT REQUESTED
Jon T. Vincent, Member/Manager
Tri-Coast Properties, LLC
1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Natural Resources
Subject: NOTICE OF VIOLATION, NOV-201 1 -PC-0231
Shallotte Shops
Stormwater Permit No. SW8 040323
Brunswick County
Dear Mr. Vincent:
Dee Freeman
Secretary
On March 24, 2011, Division of Water Quality (DWQ), Wilmington Regional Office
(WiRO) personnel performed a Compliance Inspection of the subject project, located ai
4501 Main Street in Shallotte, Brunswick County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8
040323 issued to you on October 12, 2006.
The project has been found in violation of Stormwater Permit Number SW8 040323,
issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are:
Failure to certify the stormwater system A file review revealed that this
office has not received a Designers Certificate.
Permit condition states that 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.
To correct these violations you must:
Provide a written 'Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before May 2, 2011.
2. Submit the required Designers Certificate
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 _ One
Phone: 910.796-72151 FAX: 910-350-2004 1 Customer service:1-877-623-6748 ivortl iCarolina
InterneC. vnvw.ncxaterqualiry.org �1lC����
An Equal Opportunely l Affirmative Action Employer N!LQ!Ft
Compliance Inspection Report
Permit: SW8040323 . Effective: 10/12/06 Expiration: 10/12/16 Owner: Mayfaire I LLC
Project: Shallotte Shops
County: Brunswick 4501 Main St
Region: Wilmington
Shallotte NC 28468
Contact Person: Jon T Vincent Title: Member Manager Phone: 910-256-0101
Directions to Project:
From the intersection of US 211 and US 17, travel south on 17 approx. 4 miles. Site is on the west side of the road
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Shallotte River) (03-07-59) ( SC;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 03124/2011 Entry Time: 11:45 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 12:25 PM
Phone:919-796-7215
Ext7317
Inspection Type: Transfer Renewal
Page: 1
Permit: SW8040323
Owner - Project: Mayfaire I LLC
Inspection Date: 03/24/2011
Inspection Type: Transfer Renewal
Reason for Visit: Other
Inspection Summary:
The following deficiencies were noted during the inspection:
1. A copy of the engineers' certification of the stormwater system was not found in the file.
2. Two drums of oil/fryer grease were observed in the rear parking lot with overflow draining to the catch basin.
To bring this system into compliance, the following must be completed:
1. Submit a copy of the engineers' certificate to this office.
2. Submit a plan to implement good housekeeping to contain the spill of oil in the rear parking lot.
Note: The request to transfer is not acceptable in light of the above items of non-compliance with permit conditions.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: A copy of the engineers' certification of the stormwater system was not
found in the file.
SW Measures
Are the -SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: Verify the stormwater runoff from the road on the west side of the property
is being directed to the pond and is accounted for in the permitted impervious surfaces.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
Yes No NA NE
❑❑❑®
nn❑®
❑❑❑®
Yes No NA NE
W 0 0 0
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWO ❑ ❑ ❑
upon request?
Comment: Minor erosion was observed on the east side of the pond slope near the
outlet structure.
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection?
Comment: Two drums of oil/fryer grease were observed in the rear parking lot with
overflow draining to the catch basin, Good housekeeping is required to contain this
spillage.
❑ ® ❑ ❑
Page: 2
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MARSHALL, WIYAJAMS & GoRHAM, L.L.P.
ALAN A. MARSHALL, (1908-1979)
LONNIE B. WILLIAMS '
A. DUMAY GORHAM, JR.
WILLIAM ROBERT CHERRY, JR.
RONALD H. WOODRUFF
LONNIE B. WILLIAMS, JR.
CHARLES D. MEIER
JOHN L. COBLE
F. MURPHY AVERITT III
MATTHEW 0. DAVIS
Mr. Randy Crouch
1508 Military Cutoff Road
Suite 302
Wilmington, NC 28403
ATTORNII'S AT LAW
MLMINGTON. NORTH GAROLINA
t
March 7. 2012
\1
Re: 4501 Main Street, Shallotte, NC
MWG File 083313
Dear Randy:
MAILING ADDRESS
P.O. DRAWER-2088
WILMINGTON, N.C.
28402-2089
TELEPHONE (910) 763-9891
FACSIMILE (910) 343-8604
www.mw8law.cnm
OFFICES
14 SOUTH FIFTH AVENUE
WILMINGTON, N.C.
26401-4539
E-MAIL:
As per our phone conversation of March 4. 2011, 1 am forwarding the original executed
State Stormwater Permit Name/Ownership Change, so that you may deliver to the proper office.
Thanking you in advance for your assistance.
Sincerely,
MARSHALL WILLIAMS & GORHAM, LLP
13i� Peterson
Secretary to Lonnie 13. Williams
cc: Anna Patsalo
Giannoula Simotas
RECEIVED
MAR 0 8 2011
BY: