SW8190901_Historical File_20210217

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Johnson, Kelly
From:
Johnson, Kelly
Sent:
Wednesday, February 17, 2021 3:58 PM
To:
Sanders Chapman
Cc:
Russ Folsom
Subject: RE: [External] RE: Leland Town Center (SW8 160219 draining offsite to SW8 190901)
Attachments: Su pplement_OffSite- Rev. 1.doc
Sanders,
Thanks for calling today. I understand that you all have acquired the land shown in blue below (SW8160219) which you
would like to transfer to your company's name and that you would also like to modify that permit to change the
configuration of what you want to build. (We call that reallocating the impervious area.)
I
�
Please submit two things; the transfer form and the minor modification form. The links on our website have moved
since we last talked. Here are the forms:
1. Transfer.
a. Please choose Option 3 here:

B. PERSON(S) WHO HAVE SIGNED THIS FORM (selectonlvmsponseWow)
(] 1. Bath the current and proposed permitteea
© 2. Only the current permittee of a condominium or planned community (skip Part F B 0).
In accordance weth G S t d3 ?7d ILO (see also St 201 t-258), this type of Irarrsfer is allowed only
when all of the following items can be truthfully checked.,
[] Any common areas related to the operation end maintenance of the stomrwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
n The dederant has conveyed et least fifty percent (50%) of lice units or lots to owners other than
a declarant (provide documentatwn per submittal requirements below),
[] The storniwater management system is .in compliance with the stormweter 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 DE'MLR with this form.
© 3. Only the proposed perrnittee (skip Pact D below),
In accordance mth 13 8 74; j-? 7 e� (sea else St. 20*$ 127). this type of Irer+sier is ellowed Qnty
when all of the following items can be truthf dly checked:
b. Here is what you need to submit with it.
i. #1-3: Self explanatory
ii. #4: The 0&M form is attached. (The latest one is not online.)
iii. #5: If you have bought the property, please submit the deed. If not, ignore this.
iv. #6: Not needed because you are going to modify it after you transfer it.
v. #7: Deed restrictions form for high density commercial subdivisions limiting the SW8 160219
tract to 174,307sf of impervious. (Note for the file: See SW8190901 Master Table Note #1.)
A #8: Doesn't apply
vii. #9: Doesn't apply (this is if you bought out of foreclosure, etc)
viii. #10-12: If you haven't bought the property (#5) and you are going to get the permit as an entity
that has a pending arrangement to purchase the property, if you want to get the permit to
develop someone else's land, or if you are going to develop under a lease then we need the
applicable items listed here.

C. SUBI4SiTAL REQUIREMENTS
Please mark 'Y" la confirm the items are included with this form. Please mark 'X- it previously provided gnat
applicable or not available, please mark WA.:
1- A processing fee of five hundred and five dollars (S505.00) per fa_5 143-215 3O eli2'
2 Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
3. For proposed perrnittees 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,
4, If Part Br Items 1 or 3 of this form is selected, the signed and notarized
aWhjl;M a O&M agree „meni s from the orrsnosed permifte$, as required by the permit
S. Legal documentation that the properly has transferred to the proposed permitlee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permdtee is the sole claimant of the right to
engage in the permitted activity.
S. If required by the permit and if the project has been built, a signed, seated 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.
7 A copy of the recorded covenants and deed restrictions. if required by the permit. If the protect has
been buill, 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 buih, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
8. If transferring under C S 143-214 7(c, ! (i e.. Part 8, item 2 of this fora is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (trot
builders). Copies of the deeds of conveyance or a chart listing the lot number; tot address
owneirs name, conveyance date and deed book and page number are acceptable,
9. If transferring under G.S. 143-214� (ie., Part 8, 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.
10. A copy of the lease agreement d the proposed permittee is the lessee
11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
12 A copy of the development agreement d the proposed permatee is the developer,
c. Check this box. I understand from our discussion that you want to take the permit "as is" regardless of
any non -compliant issues.
F, PROPOSED PERMITTEE CERTiFICATION
I; , hereby notify the I)EMLR 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
❑ the designer's oertiftcation for each Si. -
❑ any recorded deed restrictions, covenants, common areas, drainage easements or i its'
❑ the approved plans and/or approved as -built vl
❑ the approved operation and maintenancer�*,Pnr
❑ past maintenance records from the previous permittee (where required)-.
❑ a copy of the most recent inspection
❑ 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 mi..
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.
2. Minor Modification: The directions are on the form. This is much simpler.
The above information is what we need to address the land in blue above. But, you had mentioned that Twin Rivers has
also acquired (or perhaps plans to acquire) the larger tract in green (SW8 190901). That one is currently issued to Leland
Town Center, LLC. If Twin Rivers will become the rightful owner/permittee then you could also go ahead and apply to

transfer that one at the same time. It is the same process. It will make things easier in the long run if you decide you
want to make changes to that tract in the future because the permit will already be in your name.
If you all had further questions, please let me know.
Kelly
W.eUl JOhIASSOVI,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Sanders Chapman <[e-mail]>
Sent: Wednesday, February 17, 20213:04 PM
To: Johnson, Kelly <[e-mail]>
Cc: Russ Folsom <[e-mail]>
Subject: FW: [External] RE: Leland Town Center
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Kelly,
I was hoping to discuss this project at your earliest convenience. Most importantly I was hoping you could confirm who
needs to be filling out the Form 7. Would it be Lidl (Seller) or us (Buyer)? Please give me a call if that would be easiest.
Thank you in advance for your help.
Sanders Chapman I Associate Development Manager
Twin Rivers Capital, LLC
666 Ellis Oak Ave, Suite 201 1 Charleston, SC 29412
Direct: 854.429.40811 Cell: 843.340.4875
Office: 843.722.9925 x 81 1 Fax: [phone]
www.twinriverscap.com I [e-mail]
facebook I SEE AVAILABLE PROPERTIES ONLINE I linkedin
From: Russ Folsom <[e-mail]>
Sent: Friday, February 5, 2021 1:20 PM
To: Sanders Chapman <sanders@twinriverscapcom>
Subject: FW: [External] RE: Leland Town Center
Thanks,

W. Russell Folsom, PE *
CIVIL ENGINEERING & LAND PLANNING
*Licensed in (AL, AR, FL, GA, KY, MD, NC, SC, TN, TX, VA, WI, WV)
Cell: 770-617-2305
Email: [e-mail]
From: Johnson, Kelly <[e-mail]>
Sent: Friday, August 7, 202011:12 AM
To: Russ Folsom <[e-mail]>
Subject: FW: [External] RE: Leland Town Center
Mr. Folsom,
I have attached the table for the master permit, SW8190901. This shows the breakdown of the impervious area for the
whole subdivision (the whole area covering both ponds). I have also attached the permit for LIDL, SW8160219. 1 will
leave this on file so we can figure this out when your applications arrive.
You intend to first transfer the permit (SW8160219) from the current permittee to your client who is either planning to
buy or has bought the LIDL tract. Then, you also plan to modify that permit into a different configuration. This will be a
separate application package because it is something we will formally process after the transfer. But, you can put them
in one envelope to mail it in. The modification to SW8 160219 will be to subdivide that lot. You will show the
bearing/distance lines on the plan of the lots that will be subdivided inside SW8160219. And, one other thing that I
should have mentioned on the phone is that as a part of that subdivision you will have to deed restrict those lots to limit
the amount of impervious area that each lot can build. Those deed restrictions get recorded with the county so that the
buyer of the lot is aware of what they are buying. Then, once you sell the lots you have created inside SW8160219
those lot owners will get their own offsite permits. Those permits will drain offsite to SW8160219 which then drains
offsite to SW8190901.
Here are two links. The first link is to the transfer and modification forms. The second is to the deed restrictions
form. (You will need the high density commercial subdivision option.)
https://link.edsepilot.com/s/ef20bb9f/m87Z-xsWJOGDPJ5zlHsZlw?u=httr)s://deg.nc.eov/about/divisions/enerey-
mineral-land-resources/eneri;y-mineral-land-rules/stormwater-program/post-construction
https://Iink.edgepilot.com/s/093b28dd/HoTORuka EyDaTOHLRKvee?u=https://deg.nc.gov/about/divisions/enerey-
minera I-and-land-resources/stormwater/stormwater-proera m/post-construction
If you have further questions please let me know.
Kelly
K.elLw oki vuso vu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number

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E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be
disclosed to third parties
From: Johnson, Kelly
Sent: Friday, August 7, 202010:55 AM
To: Russ Folsom <[e-mail]>
Subject: FW: [External] RE: Leland Town Center
FGeUUJokK,SOK,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
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: Johnson, Kelly
Sent: Friday, August 7, 2020 10:17 AM
To: Russ Folsom <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
I'll call you in a minute.
K.eU.L�JokwSow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension

Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
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: Russ Folsom fmailto:[e-mail]]
Sent: Thursday, August 6, 2020 2:07 PM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
links
Thanks Kelly.
Thanks,
W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
From: Johnson, Kelly <[e-mail]>
Sent: Thursday, August 6, 202012:35 PM
To: Russ Folsom <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
I will be back there tomorrow. This project has a very complicated history. That may be why you haven't heard from
Paramounte. They may not have the older plans. I have attached the historical summary in Excel. I will see what we
have tomorrow.
�.eL4 0klVLS0Vu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]

Note Change in Phone Number
Q. IAepsnAf�rt of ifitia�ap�a+NaY EF
E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be
disclosed to third parties
From: Russ Folsom [mailto:[e-mail]]
Sent: Thursday, August 6, 202011:30 AM
To: Johnson, Kelly <[e-mail]>
Cc: Sanders Chapman <[e-mail]>; Jacob Bolton <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
Hi Kelly,
I wanted to check in to see if you were able to get back in the office by chance.
Hope everyone is feeling better too.
Thanks,
W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
From: Johnson, Kelly <[e-mail]>
Sent: Friday, July 31, 202011:12 AM
To: Russ Folsom <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
We would have hard copy plans on file, but we do not have them electronically yet. Unfortunately our office had a
positive covid test yesterday and most people are out awaiting testing of people who were with that person. I am not in
a position to be able to get to those files or set up a time for you to see them. Are you working with Paramounte
Engineering? They would have the plans.
K.eLLWOkVUSOV.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources

Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
EQ.
� G�talNyr
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be
disclosed to third parties
From: Russ Folsom [mailto:[e-mail]]
Sent: Friday, July 31, 2020 10:53 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
Kelly,
Thanks so much for the information.
Do you happen to have any copies of the actual studies themselves. I am trying to make sure our land area flowed
toward this pond and to check impervious allowances as well.
Thanks,
W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
From: Johnson, Kelly <[e-mail]>
Sent: Friday, July 31, 202010:25 AM
To: Russ Folsom <[e-mail]>; Lambe, Brian <[e-mail]>
Cc: Hall, Christine <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
Mr. Folsom,
I do not have signed copies electronically, but the text of the permits are attached. The supporting tables are also
attached.
Kelly

ohwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
tr.��D7 E
P4pi1tdA1R" -al beds s`(" 0i��fry
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be
disclosed to third parties
From: Russ Folsom [mailto:[e-mail]]
Sent: Friday, July 31, 2020 9:40 AM
To: Lambe, Brian <[e-mail]>
Cc: Johnson, Kelly <[e-mail]>; Hall, Christine <Christine.Hall @ncdenr.eov>
Subject: RE: [External] RE: Leland Town Center
Thanks Brian.
Christine, can you help me obtain copies of these files? The numbers are in the chain below.
Thanks,
W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
From: Lambe, Brian <[e-mail]>
Sent: Friday, July 31, 2020 9:30 AM
To: Russ Folsom <[e-mail]>
Cc: Johnson, Kelly <[e-mail]>; Hall, Christine <[e-mail]>
Subject: RE: [External] RE: Leland Town Center
Please communicate with Christine Hall regarding SW Permitting.
10

Brian Lambe
Environmental Specialist
910-796-7313
919-268-1678 cell
State of North Carolina I Environmental Quality Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1 910 350 2004 F I hos://Iink.cdgcpilot.com/s/7f3 aWaoZeg?u=htto://Dortal.ncdenr.org/web/Ir/
From: Russ Folsom fmailto:[e-mail]]
Sent: Thursday, July 30, 2020 7:28 PM
To: Lambe, Brian <[e-mail]>
Subject: [External] RE: Leland Town Center
• all. Do not click Iln
Hi Brian,
I wanted to reach out on a project I am working on in Leland. I think after a couple of tries that I may have had the
wrong email address for you. Please see original email below.
Is this something you can help me with?
Thanks,
W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
From: Russ Folsom
Sent: Monday, May 18, 202011:22 AM
To: [e-mail]
Subject: Leland Town Center
Hi Brian.
I am a civil engineer and am working on a project in Leland NC. I talked with Matt Kirkland and he directed me to you.
It is my understanding that there may be a master stormwater pond serving our site and wanted to try to find out more
about it. The permit number for the site is SW8160219 and the Leland Town Center permit is SW8190901.
I have attached our concept plan for your use. The plan (17) shows the overall area we are working on surrounded in
red. The site plan (4) is our latest version of the gas station plan at the intersection.
I am trying to see if this pond was sized for our site and if not, what we need to do to make in comply.
Any information you can share with me would be great.
Thanks,
11

W. Russell Folsom, PE
CIVIL ENGINEERING & LAND PLANNING
Cell: 770-617-2305
Email: [e-mail]
12

PARAMOUNTE
E N G 1 N E E Ft 1 N G. 1 N C. BAN 0 S 2020
1 2 2 CINEMA DRIVE
W I L M I N G T O N, NC 2 8 4 0 3
9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F)
T. F. T T F. R O F T R A N S M I T T A L
Ta:
NCDE — State Stormwater
Date
1 1-3-20
127 Cardinal Drive Ext.
Wilmington, NC 28405
lte:
Leland Town Center
PERMIT SW8 04OU6 Partial Pond
Certification )701'01
Attn:
Christine Hall
Project No,
I 18436.PE
e are sending, ® Originals
❑ Prints
❑ Shop Drawings
❑ Calculations
be following items: ❑ Correspondence
® Plans
❑ Specifications
® Other as listed below
Quantity Date Dwg, No. Description
1 Original Signed Permittee Asbuilt Certification Form
ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
tiou Ta.4en: ❑ No Exceptions 'faker. ❑ Make Corrections Doted ❑ Amend 8r. Resubmit
❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other