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HomeMy WebLinkAboutSW8070834_Historical File_20220622 ROY COOPER Governor "u ELIZABETH S.BISER ' ,,. Secretary �!'^" BRIAN WREININ NORTH CAROLINA. Director Environmental Quality June 22nd,2022 Stars&Stripes 2I,LLC Attn:DSSII Holding Co,LLC,Manager 1123 Zonolite Road NE,Suite 30 Atlanta,GA 30306-2016 Subject: Stormwater Permit Renewal Request State Stormwater Management Permit No.SW8 070202 State Stormwater Management Permit No.SW8 070834 Brunswick County Dear Permittee: Effective August 1,2013 the State Stormwater program has been 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,transferred,or renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. State Stormwater Management Permit#SW8 070202 and#SW8 070834 have expired on the dates listed below. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit.Failure to maintain a permit subjects the owner to assessment of civil penalties. Permit No. Subject Last Issued Expiration Date #SW8 070202 San Rio November 20th, October 18th,2021 2018 #SW8 070834 San Rio Phases 2 October 28th,2016 October 19'h,2021 &3` Please submit a complete permit renewal form along for each individual permit with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found on our website at: hops;//deq,nc gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-programipost- construction-2. Also,it was noted in the file review that a designer's certification that the project was constructed in accordance with the approved plans as required by the permit has not been submitted(SW8 07.0202, SW8 070834).Please include this with your application. A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new point of contact(SW8 070834, SW8 070834). Please submit a completed Permit Information Update Form to correct your contact information which is available on the website provided above under the"New Permits& Permit Modifications"section. If you have any questions regarding this matter,please contact Dylan McPeake(dylan.mcpeake@ncdenr.gov)or Ashley Smith(as leym.smith@ncdenr.gov)either via email or phone at(910)796-7215. Sincerely, CAtaL.%..--)„,„‘ 97 Brian Wrenn,Director Division of Energy,Mineral and Land Resources ��// North Carolina Department of Environmental.Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington,North Carolina 28405 DEQ4woinw // an.mi c+worrm..... o 910.796.7215 State Stormwater Permit Page 2 of 2 DES/DM: 11\Stormwater\Permits&Projects\2007\070202 HD\2022 06 req ren 070202 1\\Stormwater\Permits&Projects\20071070834 HD\2022 06 req_ren 070834 cc: eRegisteredAgent,Inc.,Registered Agent;Stars&Stripes 21,LLC; 176 Mine Lake Court Ste 100;Raleiel,NC 27615 Wilmington Regional Office File North Carolina Department of Environmental Quality I Division of Energy Mineral and Land Resources Wi&tiurgton Regional Offce I.127 f arrdinal f)rive.i utertsion I Wi m gton North Carolina.i84Q5 Dexadrtastelkilmmild tuft �/ 910.796.7215 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Stars & Stripes 21, LLC Information Sosld: 1405059 Status: Current-Active 0 Date Formed: 10/7/2014 Citizenship: Foreign State of Incorporation: DE Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: eResidentAgent, Inc. Addresses Mailing Principal Office 1123 Zonolite Road NE, Suite 30 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306-2016 Atlanta, GA 30306-2016 Reg Office Reg Mailing 176 Mine Lake Court Ste 100 176 Mine Lake Court Ste 100 Raleigh, NC 27615 Raleigh, NC 27615 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager DSSII Holding Co, LLC 1123 Zonolite Road NE, Suite 30 Atlanta GA 30306 PAT McCRORY Governor DONALD R. VAN DER. VAART Secretary Energy,Mineral& TRACY DAVIS Land Resources Director ENVIRONMENTAL QUALITY November 4,2016 Charles W. Parrish,Former Property Owner Sammy Vamam, Current Property Owner 311 Park Place Full Rut Adventures,LLC Newport News,VA 23601 1574 Monster Buck Estates NW Supply,NC 28462 Subject: State Stormwater Permit Application No. SW8 160701 Charles W.Parrish Tract(formerly Phases 7&8 of San Rio) Low Density Project Brunswick County Dear Messrs.Parrish and Varnam: The Wilmington Regional Office received notification that Mr.Parrish had contacted Tracy Davis,P.E., the Director of the Division of Energy,Mineral and Land Resources(DEMLR),to voice his concerns regarding the subject permit application. This project is part of the larger San Rio development that was originally permitted in 2007 to Nathan D. Benson,Manager of Sandler at Shallotte,LLC,under SW8 070202(Master Permit and Phase 1)and SW8 070834(Phases 2&3). Sandler at Shallotte,LLC filed for bankruptcy and dissolved their corporation.On April 26,2016,the Division sent a letter to Mr.Benson requiring him to correct the non-compliance issues,including notification to the new property owners of the permit requirements that covered their property.DEMLR sent a copy of this letter to all new property owners. Several options for restructuring the current permits and/or obtaining new permits for the three new property owners were outlined in this letter. The Division received a new permit application from Mr. Parrish on July 1,2016. DEMLR informed the other property owners that Mr.Parrish was applying for a new separate permit for his portion of the property,therefore the other new property owners decided to request the transfer of the current permits above into their name. The transfer to the new owner, Stars &Stripes 2I,LLC,was completed last month. As stated above,on July 1,2016.the Division received Mr.Parrish's low density permit application for the 224.38 acres that he purchased on December 30,2015. The application was reviewed on August 22, 2016 and additional information was requested. This information was required to be submitted to the Division by September 22,2016. However, on September 12,2016,the Division received a letter from Mr.Parrish informing the Division that he no longer owned the tract and had sold it to Sammy Vamam on August 17,2016. The letter stipulated that Mr. Parrish would only complete the permit process if Mr. Varnam agreed to take over the application.According to Mr.Parrish, even though the permit application fee had already been paid and the permit process was almost complete,an agreement was not reached with Mr.Vamam.If Mr. Parrish decides to cancel the permit application review in writing to the Division,the fee supplied with the application will be forfeited and the low density permit for the 224.38 acre tract will not be issued. Please note that if this individual low density permit that Mr. Parrish applied for is not issued,the property now owned by Mr.Vamam will remain covered by the SW8 070202 master permit and is subject to the overall low density built-upon area limits specified in that permit.This means that, even though Mr.Varnam is not the permittee of record for SW8 070202,he must meet that permit's low density requirements for managing his property.In addition,because this permit is now owned by Stars& Stripes 2I,LLC,they have the responsibility, and right,to monitor and to limit all activities and construction occurring on Mr. Vamam's property that may impact their permit. State of North Carolina I Environmental Quality I Energy,Mineral and land Resources Wilmington Regional Office 1127 Cardinal Drive Extension : Wilmington,NC 28405 910 796 7215 At present,the only built-upon area for the 224.38 acre tract currently shown on the approved plans under SW8 070202 is for a small sales office,parking area and driveway. In addition,the property is subject to that conservation easement benefitting the NC Agricultural Foundation,Inc.as recorded in DB 2722 at PG 747. Even through there is a conservation easement on this property, it does allow for certain development activities on the property that may impact the stormwater permit and compliance with that permit. As required by the stormwater rules and the permit, SW8 070202, when there is a change in ownership of the permitted property the permit must be transferred. That has been completed.However,when the change in ownership involves several new owners the permit must also be modified. Mr.Varnam has several options to resolve this permit situation, however it does not include the refusal to be covered by a permit since it is already under a permit. Mr. Vamam's options include: 1. Work with Mr.Parrish to complete the current review process and receive the new low density permit for this property. This option is the least costly and will give Mr. Vamam the independence to monitor and control his own activities on this property. We can complete the current review and issue the permit to Mr.Parrish and then transfer the permit to Mr.Varnam. We have enclosed the transfer application,to be completed, signed and returned if you choose this path. Since this would be the first transfer there will be no cost to Mr.Varnam. 2. Work with Stars& Stripes 21,LLC to modify their permit to include your name on the current permit as a co-permittee. The modification could easily be written to separate the responsibilities under the permit for the parts of the property that you own and that Stars& Stripes 21,LLC owns.A legal agreement for management and maintenance could be established between co-permittees.The shared modification cost for the permit is$505.00. 3. Apply for a new permit. The cost will include$505.00 and associated engineering costs. The current property owner,Full Rut Adventures, LLC(Sammy Varnam,member/manager)is required to select one of the options above to be covered by a stormwater management permit for this site.The Division recommends Option I since it is the least costly approach for Mr.Varnam. Mr.Varnam is required to respond to this letter by November 30,2016. If Mr.Varnam does not respond to this letter or does not select one of the options offered above, by November 30,2016 the Division will initiate the necessary enforcement actions as allowed under NCGS 143-215.1,which include assessing a civil penalty for failure to obtain a required permit under NCGS 143-215.1 (a)and/or refusing to process any new permit applications made by Mr. Varnam or any of his companies or subsidiary companies,as allowed under NCGS 143-21 .1(b)(4)b.2. If you have any questions regarding this matter,please call Linda Lewis or Georgette Scott in the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources at(910)•-796-7215. Thank you for your cooperation in resolving this matter as soon as possible. Sincerelyst.42_ ..e4c.:74, Daniel Sams,P.E., Regional Engineer Division of Energy,Mineral and Land Resources Encl: State Stormwater Permit Name/Ownership Change Form DES\GDS\arl: G:\\\Stormwater\Permits&Projects\2016\160701 LD\2016 11 letter 160701 cc: Tracy Davis, P.E.,Director Toby Vinson Bradley Bennett Georgette Scott, Stormwater Supervisor Wilmington Regional Office Stormwater Permit Files SW8 070202, SW8 070834 and SW8 160701 Page 2 of 2