HomeMy WebLinkAboutWQ0004230_More Information Requested_20150730Ar*2®
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 30, 2015
Bill Schiavone —President
A Place at the Beach III Homeowners Association, Inc.
P. O. Box 877
Atlantic Beach, NC 28512
Subject: Application No. WQ0004230
Additional Information Request
A Place at the Beach III W WTP
High Rate Infiltration
Carteret County
Dear Mr. Schiavone:
Division of Water Resources' Central and Regional staff has reviewed the application package received
April 22, 2015. However, additional information is required before the review may be completed. Please
address the items on the attached pages no later than the close of business on August 29, 2015.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and
regulations. Any oversights that occurred in the review of the subject application package are still the
Applicant's responsibility. In addition, any omissions made in responding to the outstanding items in
Section A, or failure to provide the additional information on or before the above requested date may
result in your application being returned as incomplete.
Please reference the subject application number when providing the requested information. All revised
and/or additional documentation shall be signed, sealed and dated (where needed), with three copies
submitted to my attention at the address below.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 807-6336 or
troy.doby@ncdenr.gov. Thank you for your cooperation.
Sincerely,
Troy D by, PE, ngineer
Divisi n of Wa r Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section
John F. Phillips, PE — Diehl & Phillips, P.A.
Permit Application File WQ0004230
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-64641Internet: http:lloortal.ncdenr.org/webtwa
An Equal Opportunity 1 Affirmative Action Employer — Made in part with recycled paper
Mr. Bill Schiavone
July 30, 2015
Page 2 of 2
A. Property Ownership Documentation:
1. The permit renewal form (NDSR 11-13) lists the Permittee as A Place at the Beach III
Homeowners Association, Inc. The submitted Operational Agreement also lists A Place at the
Beach III Homeowners Association, Inc., where it is further stated on the form that it exists under
the law as a non-profit corporation in North Carolina. However, there is no record with the
Secretary of State's office database that the homeowners association is incorporated in North
Carolina.
Also, the submitted by-laws are for A Place at the Beach — Atlantic Beach III, Inc., which is
registered with the North Carolina Secretary of State's office and shows up on their database.
Other than similarity of name, there is no evident link in the documentation provided between A
Place at the Beach — Atlantic Beach III, Inc. and A Place at the Beach III Homeowners
Association, Inc.
According to Carteret County Tax Map records, the property belongs to A Place at the Beach
Homeowners Association. This is listed as being in Book 103, Page 83 in the Carteret County
Register of Deeds Office. However, this is not available online.
Therefore, in order to move forward with the issuance of the subject permit renewal, per 15A
NCAC 02T .0704(f), please provide documentation demonstrating who is the owner of all
property containing the wastewater treatment and infiltration facilities. Documentation may
include:
• Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or
• Written notarized intent to purchase agreement signed by both parties with a plat or survey
map, or
• Written notarized lease agreement that specifically indicates the intended use of the property
and has been signed by both parties, as well as a plat or survey map. Lease agreements shall
adhere to the requirements of 15A NCAC 02L .0107.
Please note that whatever entity is determined to be the proper Permittee, that entity shall be
registered with the Secretary of State's Office to conduct business in North Carolina.