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HomeMy WebLinkAboutSW8910519_HISTORICAL FILE_20200915 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 N U 51c1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS C7 HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 20 0 1� i 5 YYYYMMDD Zorda, Garrett D From: Zorda, Garrett D Sent: Tuesday, September 15, 2020 10:41 AM To: Jason Bell Cc: Randy Norris; Jane Davis; Robert Preville; Matt Bryant;Jeff Beecher; Katie Kandl Subject: RE: [External] Update: Stormwater Permit permit number SW8910519, Cove Point. Good Morning Mr. Bell, Thank you very much for your response. I have spoken with my supervisor and the extension you requested in order to complete your site assessment is acceptable. Please ensure a complete Permit Transfer Application package is received by this office by October 13, 2020. 1 did, however, want to confirm a couple of things based on your email response. First, I want to confirm that you are requesting an extension to the request for permit transfer. Your email is requesting a "permit renewal extension", however, a renewal is a different and separate action from a permit transfer. As a Low Density site, this permit does not have an expiration date and therefore does not require a renewal application.The second item I wanted to confirm is the proposed transfer method. In your email you have cited GS 143-214.7(c2) as the transfer method, however this method is upon request of the current permittee (in this case Creek's Edge Inc.) to the HOA, or simply put, only the current permittee signs the application to transfer the permit to the HOA. Upon further investigation of the NC Secretary of State database, Creek's Edge Inc. has been dissolved since December 13, 1999. Furthermore, according to the New Hanover Register of Deeds, it appears that the common areas have been owned by Cove Point HOA, Inc. since November 1, 2000. With that said, did you perhaps mean to cite GS 143-214.7(c5) as the transfer method?GS 143- 214.7(c5) is upon request of the successor owners of the property (in this case Cove Point HOA, Inc.)to be able to transfer the permit without the current permittee needing to sign the application. If you have any questions or concerns, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources—State Slormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number" g a rrett.z o rd a Cod n cd e n r.g o v 127 Cardinal Drive Ext. Wilmington, NC 28405 D Fm Q' Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t From:Jason Bell [mailto:jasonbellrealestate@gmail.com] i Sent: Monday, September 14, 2020 8:35 PM To: Zorda, Garrett D<garrett.zorda@ncdenr.gov> Cc: Randy Norris<rnorris@cepco-nc.com>; Jane Davis<davisJanew@gmail.com>; Robert Preville <rpreville@gmail.com>; Matt Bryant<mb49134@yahoo.com>;Jeff Beecher<Drj.beecher@gmail.com>; Katie Kandl <kka nd I @ ce pco-nc.com> Subject: [External] Update: Stormwater Permit permit number SW8910519, Cove Point. • Fxtemal email Wrn—otrcliffllinks or ooeniattachments unless you all wsoil aous email as an attachment to Cove Point HOA, Inc. September 14, 2020 Garrett Zorda, Environmental Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 27 Cardinal Drive. Wilmington, NC 28405 Subject: Notice of File Review Inspection and Request to Transfer Cove Point Subdivision State Stormwater Permit No SW8 910519 New Hanover County Dear Mr. Zorda, Thank you for your letter dated August 10, 2020 addressed to Cove Point HOA Inc., regarding the transfer of State Stormwater Permit No SW8 910519 from Creek's Edge Inc. to Cove Point HOA, Inc. We have learned that this permit was originally issued to Creek's Edge Inc. on June 21, 1991 and modified on August 26, 1993 but was never transferred to Cove Point HOA, Inc. Cove Point HOA, Inc. is hereby respectfully requesting a permit renewal extension to October 13th, 2020 to perform necessary due diligence to assure the stormwater system is substantially compliant before it is transferred from Creek's Edge, Inc. in accordance with GS 143-214.7 (c2) "(iii) the stormwater management system is in substantial compliance with the stormwater permit issued to the permittee by the Department," Cove Point HOA, Inc. has retained Coastal Carolina Resource Group to perform an assessment of the stormwater system and submit a proposal offering their opinion on what work, if any, may be necessary to assure compliance. A representative from Coastal Carolina Resource Group visited the neighborhood on August 31, 2020 but they have not provided their proposal as of the date of this letter. We expect to see the proposal within 14 days. Please email me back at iasonbell o)kw.com to confirm receipt of this correspondence. Sincerely, Jason Bell Cove Point HOA, Inc. President (910) 599-8029 jasonbelIC@kw.com Cc: Katie Kandl, Association Manager 2 ROY COOPER 5 �- Governor ` ' R MICHAEL S.REGAN `� . - a Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality August 10,2020 Creek's Edge, Inc.,current permittee Attn: Terry Turner,President P.O. Box 4517 Wilmington,NC 28406 AND Cove Point HOA,Inc.,current property owner Attn: Michael W.Head, Registered Agent 1628 Doctors Circle Wilmington,NC 28401 Subject: Notice of File Review Inspection and Request for Transfer Cove Point Subdivision State Stormwater Permit No. SW8 910519 New Hanover County Dear Mr. Turner and Mr. Head: 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 this letter references DEMLR as the Division responsible for issuance of the permit. On August 10, 2020, the Wilmington Regional Office of DEMLR conducted a file review of the subject project currently operating under Stormwater Management Permit Number SW8 910519 originally issued to Creek's Edge, Inc. on June 21, 1991 and subsequently modified on August 26, 1993. This file review and research of the tax records revealed that the ownership of the common areas of the property covered by this permit has changed and is now owned by Cove Point HOA,Inc. Please note that per the second paragraph of the permit SW8 910519, the permittee must notify the Division of any owner name changes, project name changes, mailing address changes and ownership changes and must receive approval from the Division to transfer the permit. Per 15A NCAC 02H.1045 and G.S. 143-214.7 there are three options(listed below) that are available for transferring a state stormwater permit to the new owner. The options selected below may be applicable to the transfer of the subject permit: ® 1. Upon the request of the current and proposed permittee, where both the current and proposed permittee sign the transfer application. ® 2. Upon the request of the current permittee to the HOA or POA, where only the current permittee signs the transfer application. Specific submittal requirements are listed in G.S.143-214.7(c2). ® 3. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in G.S.143-214.7(c5). The transfer application form is available on our website at : https://deq.nc.gov/about/divisions/enerav-mineral- land-resources/enerav-mineral-land-rules/stormwater-program/post-construction and explains the submittal requirements for each type of transfer that is available. It is your responsibility as the current permittee and HOA to complete, sign and submit the permit transfer form. Please submit a transfer application along with the required documentation listed on the form or a plan of action detailing when the transfer will be submitted to this Office by September 9,2020. 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. Norh 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 +cnr:.cauw ^+•a^a���d+^ 9I0.796.7215 State Stormwater Permit No. SW8 910519 Page 2 of 2 If you have any questions or need further assistance, please contact me in the Wilmington Regional Office, at telephone number(910) 796-7215 or via email at gatrett.zorda@ncdenr.gov. Sincerely, Garrett Zorda Environmental Engineer Enclosure: Compliance Inspection Report DES/gdz: \\\Stormwater\Permits& Projects\1991\910519 LD\2020 08 CEI_deficient 910519 cc: Wilmington Regional Office Stormwater Permit File A Compliance Inspection Report Permit: SW8910519 Effective: 08/26/93 Expiration: Project: Cove Point Subdivision Owner: Creek's Edge Inc County: New Hanover Adress: Region: Wilmington . City/State/Zip: Contact Person:Terry F Turner Title: President Phone:910-256-1045 Directions to Project: Type of Project: State Stormwater-Low Density Drain Areas: 1 -(Hewletts Creek) (03-06-24) ( SA;HQW) OnSite Representative(s): Related Permits: Inspection Date: 08/10/2020 Entry Time 08:30AM Exit Time:09:00AM Primary Inspector: Garrett D Zorda Phone:919-796-7345 Secondary Inspector(s): Reason for Inspection: Other Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) page 1 r Permit: SW8910519 Owner-Project: Creek's Edge Inc Inspection Date: 08/10/2020 Inspection Type Compliance Evaluation Reason for Visit: Other Inspection Summary: Common areas have been transferred to the HOA, but the permit has not been trasnferred and is still in the name of Creek's Edge Inc. 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? N ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑ Comment: Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ N ❑ ❑ Comment: The common areas have been transferred to the Cove Point, HOA Inc., but the permit has not been trasnferred page 2