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HomeMy WebLinkAboutSW8070664_HISTORICAL FILE_20140828STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 �10lnlD� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2()�'}0cd 2.& YYYYMMDD 1 e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 28, 2014 Mr. Jason Sampson, President Island Palms Homeowners' Association, Inc. 104 Island Palms, Dr. Carolina Beach, NC 28428 Subject: Stormwater Permit No. SW8 070664 Name / Ownership Change and Permit Extension Island Palms High Density Subdivision Project New Hanover County Dear Mr. Sampson: 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. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. On March 14, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form from Island Palms, LLC for the subject project. A file review was performed on August 28, 2014 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. The August 28, 2014 inspection was a file review, follow-up inspection to four previous inspections from July 9, 2014, September 29, 2011, January 4, 2011, and November 1, 2010, and documents that all of the deficiencies previously noted had been resolved. 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. The Division is hereby notifying you that permit SW8 070664 has been transferred on August 28, 2014 and to remind you that this permit shall be effective until September 11, 2021, which includes the extensions. For your records, please find enclosed the modified, transferred and reissued permit, copies of the four inspection reports, and a copy of the Name/Ownership Change forms submitted on March 14, 2013 and August 18, 2014. This permit is issued in conjunction with permitted plans. The approved set includes the set stamped approved on September 11, 2007 as well as the sheet stamped approved on January 21, 2011 which documents a plan revision to remove the baf0es originally permitted for the pond. This permit is subject to the conditions and limitations as specified in the modified, transferred and reissued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP, recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 Mr. Sampson August 28, 2014 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431- 3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331. Sinc erely, i�z���RP 57� Tracy D vis, P.E., Director Division of Energy, Mineral and Land Resources GDS/kpj: %StormwaterlPermits & Proiects120071070664 HD12014 08 permit 070664 enc: Inspection Report, August 28 2014 Inspection Report, July 9, 2014 Inspection Report, September 29, 2011 Inspection Report, January 4, 2011 Inspection Report, November 1, 2010 Name/Ownership Change Forms cc: Steve MacCurry, Island Palms, LLC, PO Box 306, Carolina Beach, NC 28428 Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 070664 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Island Palms Homeowners' Association, Inc. Island Palms 512 N. 7th St., Carolina Beach, New Hanover 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 "stormwater rulesl and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until September 11, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 on page 3 of this permit. The subdivision is permitted for 15 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 5. The original permit conditions contained in the permit issued on original issue date and as modified thereafter remain in full force and effect, except as amended herein. (An additional copy of this original permit can be obtained from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources.) Page 3 of 8 State Stonmwater Management Systems Permit No. SW8 070664 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ftz: Offsite, ftz: b. Total Impervious Surfaces, ft2: Buildings, ft2: Roads/Parking, ft2: Other, ft2: Offsite, ft2: C. Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP, ft2: h. Permitted Storage Volume, ft3: i. Storage Elevation, FMSL: j. Controlling Orifice: k. Permanent Pool Volume, ft3: I. Forebay Volume, ft3: M. Maximum Fountain Horsepower: n. Receiving Stream / River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 3.03 131,795 0 60,044 42,216 15,132 2,696 0 8.5 (3.03 ft avg. depth) 90% 1° 22.0 7,345 47,394 at temporary pool 26.65 0.75" 0 pipe 22,306 4,093 1 /8 Carolina Beach Yacht Basin / Cape Fear 18-87-31.2 "SB" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification irrwdting to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 070664 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. 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. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 070664 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070664, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c._ These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is listed in the following table. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Lot Maximum BUA (sq ft 1 2,548 2 2,623 3 2,937 4 2,747 5 2,681 6 2,952 7 2,814 8 2,729 9 3,243 10 2,868 11 2,757 12 2,699 13 2,724 14 2,723 15 3,171 All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. Built -upon area in excess of the permitted amount will require a permit modification. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 6 of 8 State Stormwater Management Systems Permit No. SW8 070664 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/8 HP III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division of Energy, Mineral and Land Resources, signed by the parties involved, along with the applicable documents as listed on page 2 of the form. The project must be in good standing with DEMLR. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The fling of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 10. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the applicable documentation and the processing fee. 11. If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement conditions. Page 7 of 8 State Stormwater Management Systems Permit No. SW8 070664 Permit revised, transferred and reissued this the 280 Day of August 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �-j S racy Davi E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 070664 Page 8 of 8 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: S W 9 227060 2. Project Name: ��6,aj Qafmm 3. Current Permit Holder's Company Name/Organization: 4. Signing Official's Name: 5. Mailing Address: Title: City: State: Zip: 6. Phone: (� Fax: (� If. 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) EJ 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 Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: ma All CC/midi 2. Proposed permittee's signing official's name: �asor� Ss.mp�M 3. Proposed permittee's title: P(-e-5— cA04- -Es /4&4 P1,(m s HOA 4. Mailing Address: /611 1514AA "mS Cyr'. City: Ga/_01 i rw &C C�c State: _Zip: Z / .E Phone: (Ic ) Fax: ( ) 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: 14 HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative 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. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) IECEIVE SSW N/O Change Rev24Sept2012 Page 1 of 4 AUG 18 2014 RV:------ --- lip , III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership.. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, , the current permittee, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, -,�<a S OA 150, Aw"' , , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ® any recorded deed restrictions, covenants, or easements [� the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: h,pr - p`� Date: g/fyl/y ✓ -� a Notary Public for the State of o County of t-k�,Mjoy- , do hereby certify that Cc�<cnr� Sr obt personally appeared before me this the 19 day of 20 Iq—, and acknowledge the due execution of the forgoing instrument. Witness my and and official seal, �go,%000 P % y ,aa It j10TigR ary Seal) NotarySignature /% $ P�it'e+5 G-tG-apt =mi Additional copies of the original permit and the approve be obtained from the appropriate Regional Office of the Maintenance agreement can r Quality. This completed form, including all supporting documents and processing fee (if required), 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 N/O Change Rev24Sept2012 Page 3 of 4 - - ..G Crx Jlrl.o'• VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II 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: Mailing Address: City: _ Phone: Email: State: (if different from street address) State: Fax: Zip: 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 and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. 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 I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ 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 Statute (NCGS) 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 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev24Sept2012 Page 4 of 4 w State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: �Iag d 2. Project Name: "Zi& J 1 _ 3. Current Permit Holder's Company Name/Organization: = 4. Signing Official's Name: Sf-e.,e Title: S. Mailing Address: L U o x . City: 6,V�%"rt &-rh State: HL Zip: 6. Phone: (_R/o ) 2 ?-j-40 7 Fax: ( ) N_A Zdy4 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 properly/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) Other (please explain): _ 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: 4. Mailing City: Phone:( ) 5. New Project Name to be placed on permit: State: Zip: Fax: Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative 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. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) Developer (Complete Property Owner Information on page 4) EGEJVE SSW N/O Change Rev24Sept2012 Page 1 of 4 MAR 14 2013 BY:_------- c Ill. ` REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification myust be completed and sighed by;bothahe current permiY:holder, arid,the new applicant rf this ts'a,'change'of ownership: 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing hi s/herlits name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my 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 or if all required supporting information and attachments listed above are not included this application package will be returned as incomplete. [Check here if current permittee is transferring the property to a new owner and will not retain j�7);Zj, 74-Ai- , Le < the current permittee, am submitting this application for a transfer of ownership for permit # St s 07v . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. / Signature: C Date: S Q__ �o p a Notary Public for the State of ,ham , County of do hereby certify that S+e.VC4,? /" ,LU I-r V personally appeared before me this the J I `' day of /1Ac,- 4 20I''s, and acknowledge the due execution of the my hand and official seal, MAR 14 2013 JESSEJONES Notary Public New Hanover Co., North Carolina My Commission Expires Jan. 27, 2018 i SSW N/O Change Rev24Sept20%:_____P�a&2-of 4 V. `' PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) Bthe most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. 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 or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), 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 N/O Change Rev24Sept2012 E4C�0®,/E MAR 14 2013 Page 3 of 4 By: VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 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: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: 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 and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction _ and/or operation and maintenance of the stormwater system, has been provided with the submittal. 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 I will therefore share responsibility for compliance with the DWQ Storrnwater permit. As the property owner, it is my responsibility to notify DWQ 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 Statute (NCGS) 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 143-215.6. Signature of the property owner Date a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature � Ce®vc�i 14AR 14 ?013 SSW N/O Change Rev24Sept2012 Page 4 of 4 2014 Annual Meeting of the Island Palms Homeowners Association June 11,2014 HOA Minutes and Actions In Attendance: Homeowners Nick/Mary Skip/Judith Jason/Starlit Doug/Carol Sandra Dave/Claudia John/Karla Robbie/Cindy John - Owns lots Builder Richard Wallace HOA Managers - Network Real Estate Kevin'McKoy ` - John Ripley Call to order at 5:40 p.m. 40 l" 'ttop_kV Board of Director elected to enforce rules HOA managers' report to the Board of Directors and are responsible for collection of dues, banking, filing income taxes, etc. HOmeOiNmers are responsible effective tonight for HOA Action items opened Doug's request Name of engineering firm that inspected the ponds • Richard to provide document Standing water front of Nick/Mary's house a Richard's responsible to correct drainage issue General request Check on liability of retention ponds Private property signage needed for ponds Retention ponds need to be inspected by the State of North Carolina every 5 to 7 years Financial Annual budget$9,300.00 Quarterly dues for 3rd qtr. will be mailed by 7.1.14, payment expected no later than 7.31.14. Quarterly amount due is $155.00. Jason bought up if late fees should be applied. One-time Capital Assessment fee of $100.00 for each property is due 7.31.14 Basic Checking Account - Island Palms HOA Board of Directors will receive monthly financial statements from the HOA management team Annual financial review needed by CPA • Select CPA firm Select Attorney, if needed FEW F All homeowner documents are on the Network Real Estate website John Ripley to provide location of covenants to all homeowners A�� 18 2014 • Task completed All documents can be amended. If changes are made they should also be recorded. Board of Directors John - Jason — Sandra Doug requested to be part of the board as a 4" member. Subsequent event- It was later discovered that the legal documents of the association state that the HOA Board is to be comprised of 3 board members. Meeting ended 7:00 p.m. JO�UVt �O_N/1 Q� O� th0.1ncO ISLAND PALMS Maximum Built Upon Areas Lots Max. BUA (sg.ft 1 2,548 2 2,623 3 2.937 4 2,747 5 2,681 6 2,952 7 2.814 8 2.729 9 3243 10 2,868 11 2,757 12 2,699 13 2,724 14 2,723 15 3,171 Review Checklist Project Name: Project Location: Received Date: 3h3114 Accepted Date: Rule(s) ®zoos Coastal ®1995 Coastal ®Phase II (WiRO) ®Universal El 1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): C31L)(o(oN PE Cert on File? Density: HD or LD �(%OK?) Type: Commercial or Residential El NCG: 0ffsite to SW8 Stream Class: ®SA Map —Subdl`vid'e�?b�i`vision o�Sinal�ot ORW fVla Ezernpt - Paperwork Emailed Engineer on: ::]Supplement(s) (1 original per BMP) BMP Type(s): fir& ==I0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ®Corp or LLC: Sig Auth per SoS or letter ®$505 (within 6mo) ®Soils Report with SHWT ®Calculations (signed/sealed) V ®No obvious errors SC ®Density includes common areas, etc ®Deed Restrictions, if subdivided: Signed & Notarized Plans ElSets ®Grading ®Vicinity Map ®Legend Infiltration Soils Report SHWT: Bottom: Visited: Additional Information: pormitt arl ®Deed ®Email Address: Design Engineer ®Email Address: Owner Note to Reviewer: tt ffl__ kq6 -) 0 N - �cn tmsCIL ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Wetlands: Delineated or No Wetlands ®Layout (proposed BUA dimensions) ®DA Maps ®Project Boundaries Wet Pond Offsite ®Soils Report ®PE Cert for Master ®SHWT: ®Deed Rest for Master PP: BUA Permitted (Master): BUA Proposed (Offsite): ornnncPd! Proposed: a +C•T\s J;. a0J1..1..pp EAct+. 'T-' d+n7 Lot #: ®Lot # Matches Master sf sf Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Johnson, Kelly From: Johnson, Kelly Sent: Friday, August 15, 2014 10:32 AM To: 'dunahoo@joimail.com' Subject: SW8 070664, Island Palms Attachments: Island Palms.pdf Ms. Dunahoo, I have attached the deed restriction language to be recorded for Island Palms. If you have further questions, please let me know. Thanks, Kelly K.eUuiohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, INC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 r_ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 9, 2014 Ms. Sandra Dunahoo Island Palms Homeowners Association, Inc. 110 Island Palms Dr. Carolina Beach, NC 28428 Subject: Request for Permit Transfer Island Palms Permit No. SW8 070664 New Hanover County Dear Ms. Dunahoo John E. Skvada, III Secretary Thank you for contacting our office inquiring about the status of your State Stormwater Permit. As you will see from the enclosures, we have previously been in contact with Mr. Rick Rogge, the original contact for the original pernittee, Island Palms, LLC. I have mailed letters to the address listed with the 2007 permit as well as other addresses I could find for Mr. Rogge online, but my letters have either been returned or unanswered. At the suggestion of the Attorney General's Office 1 also mailed letters to the agent listed on the Articles of Incorporation for the Island Palms Homeowners' Association, Inc., Richard Wallace, but I have not received a response from him either. We have not had an alternate address for an HOA member to contact. Since the HOA owns and is operating the stormwater ponds, the HOA needs to become the permittee. The developer, Island Palms, LLC, obtained the enclosed State Stormwater permit on September 11, 2007. An inspector from my office inspected the site on November 1, 2010 and found that everything was in order with the exception of the submittal of the Designer Certification which was completed on May 16, 2011 (enclosed). The certification is a document from a licensed Professional Engineer certifying that the pond has been built in substantial compliance with the permit. During the certification process, the engineer identified minor differences between the pond's permitted design and its as - built condition. The permit was revised on January 21, 2011 (plan revision enclosed) to make the minor changes to the pond's permitted design so that it matches the as -built conditions. At some point, which I believe to be in early 2011, Island Palms, LLC foreclosed on the project. On September 20111 mailed a request for a permit transfer to Island Palms, LLC requesting to transfer the permit to the HOA. After no response, a year later I mailed a second request in September 2012. After no response, on February 19, 2013 the Attorney General's Office mailed a letter to both Island Palms, LLC and to Mr. Wallace, our only contact for the HOA. We received the enclosed transfer form from Island Palms, LLC on March 14, 2013 but did not receive a response from Mr. Wallace. As I went through the file to summarize all of the historical documents for you today, I found an error in the recorded deed restrictions. The inspector from my office noted in his November 1, 2010 inspection that the deed restrictions were recorded. But, those recorded restrictions reference "Exhibit A which is attached and incorporated herein', and it appears that Exhibit A was not attached when it was recorded with the county. Exhibit A is the list of allowed built upon area (BUA) per lot as established by the permit. This list can be found in the table on page 5 of the September 7, 2007 permit. The reference to Exhibit A can be found at the bottom of page 11 of the enclosed Declaration of Covenants, Conditions and Restrictions for Island Palms Subdivision. Additionally, the notarized document that Island Palms, LLC submitted when it obtained the permit in 2007 saying that the BUA/lot would be recorded is the last two pages stapled to the 2007 permit. That document begins with "In accordance with Title 15 NCAC 2H 1000...", and is two pages in length. This omission from the recorded document appears to have been an inadvertent error. Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 Ms, Dunahoo July 9, 2014 I looked through the County's property records and I understand that Island Palms, LLC no longer owns property in Island Palms. All of the lots have been sold to individuals, and the HOA owns both lots 1A and 1 B where the stormwater ponds are located. With the exception of the omission of Exhibit A from the recorded deed restrictions, the project has been documented to be otherwise in compliance with its permit. Since the HOA owns and is operating the stormwater ponds, the HOA needs to become the permittee. In order to do so, please submit two things to the address at the bottom of this letter: 1.) Please record the required deed restrictions (the last two pages stapled to the 2007 permit) with New Hanover County. 2.) Please sign a copy of the transfer form submitted by Island Palms, LLC, March 14, 2013 which is enclosed with this letter. The transfer form should be signed by either the President or Vice President of the HOA. Please also include a copy of the most recent election minutes documenting the office of the individual signing the form, and submit an original signature rather than a copy of the form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7331 or via email at kelly.p.johnson@ncdenr.gov. t n al Engineer enc: Articles of Incorporation of Island Palms Homeowner's Association, Inc., December 1, 2010 Permit (with original application/supplemenVO&M, and deed restriction statements), September 11, 2007 Permit Plan Revision, January 21, 22011 Transfer Form, Submitted by Island Palms, LLC, March 14, 2013 Compliance Inspection Report, July 9, 2014 (Documents error in deed restrictions) Compliance Inspection Report, September 2 , 2011 (Compliant, documented certification received) Compliance Inspection Report, January 4, 2011 (Meeting with engineer to discuss pending certification) Compliance Inspection Report, November 1, 2010 (File Review and site inspection, certification needed) Designer's Certification, May 16, 2011 Letter, Notice of Inspection and Request for Permit Transfe Letter, 2nd AttempPt Notice of Inspection and Request for Pe Letter, from the Attomey General to Island Palms, LLC and New Hanover County Property Records, Lot 1A Pond Islan New Hanover County Property Records, Lot 1 B Pond Islan New Hanover County Property Records Summary, Owners Deed Restrictions, Recorded with New Hanover County on mber 29, 2011 nsfer, September 13, 2012 'alms HOA, February 19, 2013 owned by HOA, July 9, 2014 owned by HOA, July 9, 2014 all lots sold), July 9, 2014 008 �GDS1kpj: G:IWQIShare&StormwaterlPermits & Projects120071070664 HD12014 07 letter 070664 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor (w/o attachments) WiRO Stormwater File (w/o attachments) Page 2 of 2 SW8 070664 - Island Palms - Ownership List per County Records, July 9, 2014 Lot # Owner 1 Nolan 2 Sprague 3 Sampson 4 Yale 5 Williams 6 Dunahoo 7 Cook 8 Allen 9 Layland 10 Parker 11 Kane 12 Thompson 13 Thompson 14 Thompson 15 Thompson 1A/Pond Island Palms HOA, Inc. 1B/Pond Island Palms HOA, Inc. 7/9/2014 New Hanover County PARID: ROSS 17-005-023-000 ISLAND PALMS HOA INC 109 ISLAND PALMS DR Parcel Alt ID 313006.37.1896.000 Address 109 ISLAND PALMS DR Unit 1A/POND City CAROLINA BEACH Zip Code Neighborhood A4034 Class RES-Residential Land Use Code 958-Unused Land Living Units Acres .44 Zoning R-1-WB RESIDENTIAL SF Legal Legal Description LOT 1A POND ISLAND PALMS Tax District CB Owners Owner ISLAND PALMS HOA INC City CAROLINA BEACH State NC Country Zip 28428 THE DATA IS FROM 2014 http://etaxnhcgov.coMDatalets/PrintDatalet.aspPpin=R08817-005-023-000&gsp=PROFILEALL&taxyear=2014&jur=NH&o eq=0&card=1&roll=RP&State=1... 1/1 7/9/2014 New Hanger County PARID: R08817-005-024-000 ISLAND PALMS HOA INC 116 ISLAND PALMS DR Parcel Alt ID 313010.37.1497.000 Address 116 ISLAND PALMS DR Unit 1 B/POND City CAROLINA BEACH Zip Code Neighborhood A4034 Class RES-Residential Land Use Code 958-Unused Land Living Units Acres .17 Zoning R-1-WB RESIDENTIAL SF Legal Legal Description LOT 1B POND ISLAND PALMS Tax District CB Owners Owner ISLAND PALMS HOA INC City KURE BEACH State NC Country Zip 28449 THE DATA IS FROM 2014 http://etaxnhcgov.con)tDataletsIPrintDatalet.wp)Opin=RO8817-OOS024-000&gsp=PROFILEALL&taxyear=2014&jur=NH&w eq=0&card=l&roll=RP&State=1... 1/1 Johnson, Kelly From: Pusey, Steven Sent: Friday, June 27, 2014 2:46 PM To: dunahoo@joimail.com Cc: Johnson, Kelly. Subject: SW8 070664 Island Palms To: Sandra Dunahoo 110 Island Palms Dr. Carolina Beach, NC Sandra, Per our phone conversation the other day, we can transfer the permit to the Homeowners Association. In order to start this process, please complete the regular Name/Ownership Change Form and have it signed by the President of the HOA. It also has to be notarized. Please use the link below which will direct you to our website page where the form is located. Select the "Name/Ownership Change Form" under Miscellaneous Forms. This form has a place for both parties' signatures. However, if you can't get the previous permittee's signature, I believe we can accept the form without it. http://portal.ncdenr.org/web/Ir/state-stormwater-forms docs Kelly Johnson in our Office, has been involved with this project in the past. Please contact her if you have any questions. Thanks, Steve Steven JC. pwe� Environmental Engineer NCDENR - Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Ph (910) 796-7334 / Fax (910) 350-2004 http://Portal.ncdenr.org/web/Ir/stormwater Before printing this email, please consider your budget and the environment. 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. Johnson, Kelly From: Johnson, Kelly Sent: Friday, June 27, 2014 12:17 PM To: Pusey, Steven Subject: RE: SW8070664 This has been on -going for a long time. The AG was involved because we couldn't find the developer for a while. Then they submitted a transfer form, but it was the wrong one and they were going to resubmit. I can't remember all of the details. It has been a while... 2 From: Pusey, Steven Sent: Thursday, June 26, 2014 4:30 PM To: Johnson, Kelly Subject: SW8070664 Kelly, I am looking for the subject permit for Island Palms in Carolina Beach. They would like to transfer the permit to the HOA. I couldn't find it in the file room but you were the last one to work on it. BIMS shows a compliant inspection in 2011. Please advise if you have it. Thanks, Steve Steveng. Poser Environmental Engineer NCDENR - Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Ph (910) 796-7334 / Fax (910) 350-2004 http://portal.ncdenr.org/web/"`ir/"stormwater FS Before printing this email, please consider your budget and the environment. 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. 5w F o ZO (&n y STATE OF NORTH CAROUNA DEPARTMENT OF JUSTICE R.OY COOPER 11.0. Box 629 RErry ro: ATTORNEY GENERAL. RALFRA i, NC 27602 JANE. 1, OLIVER ENVIRONMENTAL DIVISION '1'HI.: (919) 716-6600 FA: (919)716-6767 joliver@ncdoj.gov February 19, 2013 Steven H. MacCurry, Registered Agent Richard P. Wallace, Registered Agent Island Palms, LLC Island Palms Homeowners Association, Inc. 1003 Suite D Bennett Avenue 425 Sea Watch Way Carolina Beach, NC 28428 Kure Beach, NC 28449 Re: Stormwater Permit: SW8 070664 Island Palms Subdivision, New Hanover County Dear Sirs: This office represents the N.C. Department of Environment and Natural Resources, Division of Water Quality (DWQ). We have been asked by DWQ's Wilmington Regional Office to help to facilitate a transfer of the State Stormwater Permit issued to Island Palms, LLC, in September 2007 for the purpose of developing a high density residential development in New Hanover County. (A copy of the notice of issuance and the Permit are attached for convenient reference.) According to the N.C. Secretary of State's Office, Island Palms, LLC, was administratively dissolved on April 4, 2012. It is our understanding that construction has been completed, that a professional engineer has certified that the stormwater system was installed in accordance with terms of the Permit and that common areas containing stormwater BMP's have been conveyed to the Island Palms Homeowners' Association. However, for whatever reason, DWQ does not have a signed transfer of ownership form evidencing transfer of the Permit. We are requesting that caul -I of you complete and sign the enclosed Storm :1.'ater Permit Name/Ownership form and return it to this Office. Although we would prefer that each of you complete and sign the same document, you may sign the document in counterparts, if necessary. If you have any questions, please feel free to contact me at (919) 716-6968. We appreciate your assistance in this matter. Very truly yours, Jane liver Assistant Attorney General Enclosures cc: Georgette Scott, Kelly Johnson EGE'VE MAR 14 2013 ���f�0 P��Re�� o�vSRP N E�vlco^m 'i�'' { t �cu$ 07o&6 y ssu STATE OF NORTH CAROLINA DEPARTMENT OF JUS-110E PLOY COOPER 11.0. Box 629 18:1,1x'ro: ATTORNEY GENERAL RAIA:Wn, NC27602 JANT LOLIVER F.W1110NME TAr. DIVISION 'NU (919) 716-6600 PAX: (919) 716-6767 joliveie, nc&j.gov February 19, 2013 Steven H. MacCury, Registered Agent Richard P. Wallace, Registered Agent Island Palms, LLC Island Palms Homeowners Association, Inc. 1003 Suite D Bennett Avenue 425 Sea Watch Way Carolina Beach, NC 28428 Kure Beach, NC 28449 Re: Stormwater Permit: SW8 070664 Island Palms Subdivision, New Hanover County Dear Sirs: This office represents the N.C. Department of Environment and Natural Resources, Division of Water Quality (DWQ). We have been asked by DWQ's Wilmington Regional Office to help to facilitate a transfer of the State Stormwater Permit issued to Island Palms, LLC, in September 2007 for the purpose of developing a high density residential development in New Hanover County. (A copy of the notice of issuance and the Permit are attached for convenient reference.) According to the N.C. Secretary of State's Office, Island Palms, LLC, was administratively dissolved on April 4, 2012. It is our understanding that construction has been completed, that a professional engineer has certified that the stormwater system was installed in accordance with terms of the Permit and that common areas containing stormwater BMP's have been conveyed to the Island Palms Homeowners' Association. However, for whatever reason, DWQ does not have a signed transfer of ownership form evidencing transfer of the Permit. We are requesting that each of you complete and sign the enclosed Storm Water Permit Name/Ownership form and return it to this Office. Although we would prefer that each of you complete and sign the same document, you may sign the document in counterparts, if necessary. If you have any questions, please feel free to contact me at (919) 716-6968. We appreciate your assistance in this matter. Very t my yours, -amid L yours, Jane L. Oliver Assistant Attorney General Enclosures cc: Georgette Scott, Kelly Johnson Johnson, Kelly From: Oliver, Jane [JOLIVER@ncdoj.gov] Sent: Monday, February 18, 2013 5:15 PM To: Scott, Georgette; Johnson, Kelly Subject: Island Palms Attachments: island palms.pdf See attached letter to permittee and HOA Jane L Oliver Assistant Attorney General NC Dept of Justice PO Box 629 Raleigh, NC 27602 (919)716-6968 Johnson, Kell From: Johnson, Kelly Sent: Wednesday, February 13, 2013 12:58 PM To: Scott, Georgette Subject: FW: Island Palms SW8 070664 Dissolved LLC Attachments: Inspection _2010 11 01.pdf; Inspection_2011 01 04.pdf; Inspection_2011 01 21.pdf; Letter _Email_2012 11 01—Sent to AG.pdf; Letter_NOI_Request for Transfer First Attempt_Returned_2011 09 29.pdf; Letter_NOI_Request for Transfer_ Second Attempt_Returned_2012 09 13.pdf; Perm it_2007 09 11.pdf; Permit_2011 01 21_Plan Revision.pdf; Property —Deed Restrictions_2008.pdf; Property_HOA Owns Pond.pdf; Property_PE Cert_2011 01 21.pdf; Property_PE Cert_2011 05 16.pdf; Property_PE Cert_Email 201161 04.pdf; Sec of State_Steve Maci urry_Manager.pdf; Sec of State_2008 _Annual Report_MacCurry Phone Number.pdf; Sec of State _2010_Agent Address.pdf; Sec of State 2012_Dissolution.pdf, Sec of State Richard Wallace —May Buy from Bank in 2010.pdf; Sec of State_Rick Rogge_Manager.pdf Importance: High Georgette, Here are the files for the AGs Office for SW8 070664, Island Palms. 131 From: Scott, Georgette Sent: Thursday, November 01, 2012 1:29 PM To: Bennett, Bradley; Matthews, Matt Cc: Oliver, Jane; Cooper, Kathy; Gregson, Jim; Johnson, Kelly Subject: Island Palms SW8 070664 Dissolved LLC Importance: High Here is a project that both David Cox and Kelly worked on to get into compliance. The system was not certified however the permittee finally got it certified and in compliance. We told him it was in compliance and that he now needed to transfer the permit. Since we told him to transfer he has dissolved and not responded to our request to transfer the permit. The files attached include the two most recent inspections, a letter telling him he was in compliance and then two letters requesting transfer which he will not respond to. Please discuss with Kelly for more information. Georgette Scott. Store neater Program Supervisor State Stornrvvater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7335 Fax (910) 350-2004 Email correspondence to and from this address may be subject tothe North Carolina Public Records law and may be disclosed to third parties. Johnson, Kelly From: Scott, Georgette Sent: Thursday, November 01, 2012 1:29 PM To: Bennett, Bradley; Matthews, Matt Cc: Oliver, Jane; Cooper, Kathy; Gregson, Jim; Johnson, Kelly Subject: Island Palms SW8 070664 Dissolved LLC Attachments: 2010 11 CEI_BIMS 070664.pdf; 2011 01 permit_pr 070664.doc; 2011 09 CEI_BIMS 070664.pdf; 2011 09 CEI_compliant 070664.doc; 2012 09 letter 070664.doc Importance: High Here is a project that both David Cox and Kelly worked on to get into compliance. The system was not certified however the permittee finally got it certified and in compliance. We told him it was in compliance and that he now needed to transfer the permit. Since we told him to transfer he has dissolved and not responded to our request to transfer the permit. The files attached include the two most recent inspections, a letter telling him he was in compliance and then two letters requesting transfer which he will not respond to. Please discuss with Kelly for more information. Georgette Scott Stormwater Prog':mi Supervisor Slate Stornnvater Progmun NC Division of Water Quality 127 Cardinal Drivc Ext. Wilminglon, NC 2840.5 Phone (910) 796-7335 Fax (910) 3.50-2004 Henmil nateslxmdenre d, and from this address may be sullied to the Nonit Camlimu, Public Reconls law and may be disclosed to third parries. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 13, 2012 Mr. Rick Rogge, Manager Island Palms, LLC 1001 N.Lake Park Blvd Carolina Beach, NC 28428 Subject: Second Attempt: Notice of Inspection and Request for Permit Transfer Project Name: Island Palms, SW8 070664 Location/County: New Hanover County Dear Mr. Rogge: The enclosed letter was mailed to you last September but was returned as undeliverable. I understand that Island Palms, LLC was dissolved on April 4, 2012. However, the LLC is still the permittee for the subject State Stormwater permit. The project was found to be in compliance, but you must file the appropriate paperwork to transfer the permit to the Homeowner's Association because you are still responsible for winding up the business affairs of the organization per § 55-14-05(a)(5) which states: § 55.14.01. Dissolution by incorporators or directors. § 55.14.05. Effect of dissolution. (a) A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (1) Collecting its assets; (2) Disposing of its properties that will not be distributed in kind to its shareholders; (3) Discharging or making provision for discharging its liabilities; (4) Distributing its remaining property among its shareholders according to their interests; and (5) Doing every other act necessary to wind up and liquidate its business and affairs. (b) Dissolution of a corporation does not: (1) Transfer title to the corporation's property; (2) Prevent transfer of its shares or securities, although the authorization to dissolve may provide for closing the corporation's share transfer records; (3) Subject its directors or officers to standards of conduct different from those prescribed in Article 8; (4) Change quorum or voting requirements for its board of directors or shareholders; change provisions for selection, resignation, or removal of its directors or officers or both; or change provisions for amending its bylaws; (5) Prevent commencement of a proceeding by or against the corporation in its corporate name; (6) Abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution; or (7) Terminate the authority of the registered agent of the corporation. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service, 1-877-623-6748 Internet:w .mvaterquality.org Nne orthCarolina Naturallff SW8 070664 September 13, 2012 Please submit a "HOA Name/Ownership Change Form" which is available on our website, http://portal,ncdenr.org/web/wq/ws/su/statesw/forms flocs under the "miscellaneous" tab by October 15, 2012. If you have any questions, please do not hesitate to contact me at kelly.o.iohnsonOncdenr.gov or (910) 796-7331.. Sincer ly, r ly Joh so nvironm al Engineer GDS/kpj: S:IWOSIStormWaterlPermits & Projects120011011118 HD12012 09 letter 070664 enc: September 29, 2011 Notice of Inspection and Request to Transfer cc: Steven Maccurry, Manager, Island Palms, LLC, PO Box 306, Carolina Beach, NC 28428 Richard Wallace, Agent of HOA, 425 Seawatch Way, Kure Beach, NC 28449 Karen Higgins, WBS-CPU WiRO File SW8 070664 DWO Central File SW8 070664 Page 2 of 2 Page 1 of 2 SEA COAST ADVANTAGE Office Properties_ Twitter Youtube Blog Property Search I New Homes Login I Sign Services I Resource �\w S 4sc,ta v \"s, uc Rick Rogge, Broker q,-WM& My Profile My Properties Contact Me Helping you meetyourneeds and live yof reams. I have spent my business life as a builder, residential dev and real estate investor. My success has always come fi referrals, by serving my clients with integrity and honesty. to help you, by listening to what you need and want. Mortgage Calculator I moved to Carolina Beach in 1995 from the mountz Pre -Qualification Calculator Island life and the coastal lifestyle is the best. It just make Request CMA smile. If your needs involve buying or selling, a primary resi My Property Retriever vacation home or investment, I have the local knowledge My Links experence to help you. Add Me to your Favorites Add Me to your Contacts Office Phone:(910) 458-4401 Mobile Phone: (910) 362.7425 Fax: (910) 458-8700 Office Information: Carolina Beach 1001 N. Lake Park Boulevard Carolina Beach, NC 28428 p T r.. R1 51 4:51 I am involved with 4 committees and boards town of Carolina Beach, the Harbor Commision, Freeman Committee, Huricane Response, and the Board of Adjustm( am the vice president for The Help Center (our local food t on the board of directors for The Island Cottage (a non -prof store helping the needy) and a member of the Pleasure I Parrot Heads. My wife and I are members of Port City Church. We outdoor sports, sailing, skiing, hiking, 4 wheeling and bead with our dog Astro. I look forward to helping you. Please, give me a call or send email. http://www.seacoastrealty.com/agent/Rick-Rogge/rrogge/ 9/13/2012 Page 2 of 2 Specialties: Custom Home, Dream Home, First Time Buyers, Investment, Land, Ni Construction, Relocation, Residential, Retirement SeaCoastRealty.com Homepage Property Search IDX listings Buyer Services Seller Services Relocation Company Info 02012, Coldwell Banker Sea Coast. Coldwell Banker® is a registered trademark licensed to Coldwell Banker Real Estate Corporati An Equal Housing Opportunity Company. Independently Owned and Operated. NC License # C-9314 Southport Carolina Beach Hampstead Jacksonville Leland Oak Island Shallotte (800)346-7671 (800)847-5771 (866)572-6278 (866)928-9166 (866)508-1181 (877)770-3967 (877)397-0942 Built and powered by Constellation Web Solutions Broker: Coldwell Banker Sea Coast Realty Listings IDX: Coldwell Banker Sea Coast Realty and IDX Listings http://www.seacoastrealty.com/agent/Rick-Rogge/rrogge/ 9/13/2012 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 5513-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Island Palms, LLC. (0904358) 1003 Suite D Bennett Ave Carolina Beach, NC 28428 State of North Carolina Department of the Secretary of State CERTIFICATE OF ADMINISTRATIVE DISSOLUTION 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Island Palms, LLC. � tg 0-70 COrDU \�07t has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This the 41th day of April, 2012 Elaine F. Marshall Secretary of State Document ld: C201209505951 North Carolina Beverly Eaves Perdue Governor September 29, 2011 Mr. Rick Roggee, Manager Island Palms, LLC PO Box 306 Carolina Beach, NC 2842E �WZ 0'1 o(o(oy vA NC®ENR Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Subject: Notice of Inspection and Request for Permit Transfer Project Name: Island Palms, SW8 070664 LocationiCounty: New Hanover County Dear Mr. Roggee: Secretary This site was inspected on November 1, 2010 and January 4, 2011. At the November inspection the only deficiency found was that the Designer Certification was not on file. The January inspection was a meeting between the certifying engineer and the Division to discuss the Certification. The system was certified on May 16, 2011. On September 29, 2011, 1 conducted a file review and found that since the Certification had been submitted that the site is in compliance with its permit which was issued September 11,,2007.and revised on January 21, 2011. Since the permit is in compliance, please transfer the permit to,the,Island Palms -Homeowners' Association, Inc. (HOA). County records show that the HOA'now owns the lot where the wet pond is; located (Lot toPond Island Palms). Please submit ownership transfer documentation transferring the permit from Island Palms, LLC to the HOA by submitting one of the two name/ownership transfer forms which are available on our website, http://portal.ncdenr.orq/web/wq/ws/su/statesw/forms dots. The "HOA Name/Ownership Change Form" is only for use by permittees that have developed their project under the Planned Community Act. The other "Name/Ownership Change Form" is for all other permittees that are planning to change the name of the project or transfer their permit to a new owner of the project or property. Once the proposed permittee receives the transfer document with all the necessary paperwork including a compliance inspection report, the following will occur: 1.) If the "HOA Name/Ownership Change Form' is used the permit will be immediately transferred to the proposed permittee if all criteria outlined in the form is met. 2.) If the other "Name/Ownership Change Form' is used the permit will be transferred once all the criteria in the form is met and the proposed permittee chooses one of the options below: a. Option 1: The HOA accepts the transfer of the current permit. The HOA should be made aware that a first time transfer is free and the permit conditions remain the same as when the permit was originally issued under 15A NCAC 2H .1005 effective September 1, 1995 which is commonly referred to as the 1995 Coastal Rules. b. Option 2: If the HOA refuses the current permit then they will have to apply for their own pe rmit at a cost of $505.00. If they do not apply fora permit they will be issued a Notice of Violation (NOV) including possible fines for.owning and operating a treatment system and discharging to surface waters without a permit' 'This option will not be advantageous to the.HOA because the new permit will be issued under the 2008 Coastal'Rule (SL2008-21 1) unless a vested right is presented which allows the project to be reviewed under the 1995 Coastal Rules. However, keep in mind that vested rights are, not granted to sites that are in violation. This means the pond must be des igned according to the standards in SL2008-211 and the latest version of the Stormwater Best Management Practices (BMP) manual. As a result, changes in permit conditions and technical Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX 910-350-20041 Customer Service. 1-877-a23-6748 tit O�7rth iCar Ol i n a Internet: www.ncwalerqualih.org /� /atimn l y An Fquol Opporemity l N6mialive Actlnn Bnployer C� Y /Lbil l9`1�/ SW8 070664 September 29, 2011 changes, such as the increase in the design storm from 1.0 to 1.5 inches, may require significant and costly physical changes to the ponds currently serving the subdivision. All costs associated with thepermit application, the possible, NOV, the. design and the construction for changes to the . . ponds will be the sole responsibility of the HOA. If you have any questions,. please do'not hesitate to contact meat keIIy.p.lohnson(ODncdenr.goy or (910) 796-7331:: Sincerely, Kelly Johnson Environmental Engineer GDSlkpi: S:IWQSIStormWaterlPermits & Projects120011011118 HD011 09 CFI —compliant 070664 enc: Compliance Inspection Report cc: Steven Maccurry, Manager, Island Palms, LLC, PO Box 306, Carolina Beach, NC 28428 Rick Roggee, Manager, Island Palms, LLC, 1003 C Bennett Lane, Carolina Beach, NC 28428 Richard Wallace, Agent of HOA, 425 Seawatch Way, Kure Beach, NC 28449 Karen Higgins, WBS-CPU WiRO File SW8 070664 DWQ Central File SW8 070664 Prier 2 ot'2 Compliance Inspection Report Permit: SW8070664 Effective: 01/21 ill Expiration: 09/11/17. Owner:Island Palms LLC Project: Island Palms County: New Hanover ... .:. 512 N 7th r: St jt . Region: Wilmington Carolina Bch NC 28428 Contact Person: Richard Rogge Title: Phone: 910-352-7425 Directions to Project: Travel approx. 6.5 mi. south from intersection of US421 & NC132 on US421. Turn right on N. Dow Rd. & travel 0.5 mi. Turn left on Harper Ave. & travel 0.2 mil. Turn left on Tarboro Ave., & travel 0.1 mil. Turn left on N. 7th St., site east side of street Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Carolina Beach Yacht Basin) (03-06-24 ) ( SB) On -Site Representative(s): Related Permits: Inspection Date: 09/29/2011 Entry Time: 11.15 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 11:20 AM Phone:919-733-5083 Inspection Type: Compliance Evaluation Page:1 t Permit: SVV8070664 Owner- Project: Island Palms LLC Inspection Date: 09129/2011 Inspection Type: Compliance Evaluation Inspection Summary: File Review i Is the permit active? Signed copy of the Engineer's certification is in the fle? Signed copy of the Operation 8 Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Reason for Visit: Complaint Comment: Follow up to 11/1/10 and 1/4/11 inspections. On 11/1/10, the only deficiency was that the PE certification needed to be submitted. It was certified on 5/16/11. The 1/4/11 inspection was a meeting with DWO and the certifying engineer to discuss the certification. This file review "inspection" is to document that the site is in compliance because the PE certification has been received. Yes No NA NE ®nnn ®nnn annn ®nnn NC DENR - Div. of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 02 1R $00-440 0006559826 SEP ZO 2011 MAILED FROM ZIP CODE 28405 Rick Roggee, Manager Island Palms, ILLC 1003-C Sennett Lane Carolina Beach NIXIE: 203 SE: 1 00.10/04/11 RETURN TO SENDER . .. ..... ... UNAMI-r- lro—rdl:WARO MC: M0405540627 *2754-22091-00-04 4 o s If if 1i 1 111111 H I fill l li I � � it �%ii l�%11 I �i �'� 1%i� i _r.ua.-�,.<:�:.—�. New Hanover County Page 1 of 1 � Hbf� ar�s T-br rdD PARID: R08612-005-023-000 ISLAND PALMS MCA INC 109 ISLAND PALMS DR Parcel Alt ID 313006.371896. 0130 Address 109 ISLAND PALMS OR Unit 1A/POND City CAROLINA BEACH Zip Code - Neighborhood 4737 Class RES-Residential Land Use Code 958-Unused Land Living Units Acres 44 Zoning R-1-wB RESIDENTIAL SF Legal Legal Description (LOT't A'POND ISLAND PALMS, Tax District CS Owners Owner City State Country Sales Sale Date 11-FEB-11 04-APR 08 Sale Details Sale Date Sale Key Sale Price Grantee Grantor Sale Source Book Page Sale Validity Sale Type Sale Flag STIES Instrument 9 Instrument Type Adj, Reason Ad, Price Sale Price Grantee ISLAND PALMS HOA INC ISLAND PALMS HOA INC ISLAND PALMS HOA INC CAROLINA BEACH NC 28428 Grantor THOMPSON JOHN JULIE ISLAND PALMS LLC II-FEB-11 459483 (ISLAND PALMS HOA INC? THOMPSON JOHN JULIE 5545 1602 U-Unqualified IMPROVED C Warranty Deed Book Page Sale Key 5545 1602 459483 5298 2581 432505 1of2 Values Year 2011 Total Land 5110 Total Puddings 50 Appraised Total $110 MARKET VALUE SHOWN -EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2011 littp:Hetax.nhcgov.com/Forms/IliintData]et.asps?pin=R08817-005-023-000 gsp=PROFIL... 9/29/2011 c[rna1M�; ' LIMITED LIABILITY COMPANY y ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Island i'altns, LLC., SECK I'ARY OF STATE L.L.C. ID NUMBER: 0904358 NAI'I1RIr.0F H(JSINISSS: hroes0nents E-Filed Annual Report -1-0-8172548 For year 2005 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED AGI..,NT: Adaecurry Sleveml-1! �'� keo REGISTERED OFFICE MAILING ADDRESS: PO Box 306 Carolina Beach, NC 28428 REGISTERED OFFICE STREETADDRESS: 1003 Suite D Bennett Ave Carolina Beach, NC 28428 New 11armver Countv PRINCIPAL OFFICE TELEPHONENUMBER: 910-233-1907 PRINCIPAL OFFICE' MAI LING ADDRE SS: POBox 306 Carolina Beach, NC 28428 PRINCIPAL OFFICE STREF T ADDRESS: 1003 Suite D Bennett.4ve Carolina Beach, A'C 28428 MANAGERS/MEMBERS/ORGANIZERS: Name: Steve AdacCuAn, Name: Bick_Bogge'e Tide: A -Tanager Title: Adannger Address:_ rev 4'O Box 3 06� 1003'C Bennet Latie cai oolina beach, NC 28428 carolina heath. ANC 28428- CERTIFICATION OF ANNUAL REPORT MUST _ _ - - Steve MacCmry FORM MUST RR SIGNED BY A MANAGER/MEMBER N� �p07 m7L09N VVOV LIMITED LIABILITY COMPANIES 04/25/2008 DATE Steve MacCum Manager 'I)TE OR PRINT NAME TYPE OR PRINTTITLE ANNUAL REPOR r PISE: S200 MAII,'1'0: Secremry of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Johnson, Kelly From: Justin Bishop pustinbishop@bizec.rr.com] Sent: Monday, May 16, 2011 11:33 AM To: Johnson, Kelly Subject: Island Palms -certification Attachments: Island Palms-certification-DWQ(5-16-1 1). pdf Kelly, Attached is the certification for the Island Palms project Thanks, Justin Bishop, P.E. Malpass Engineering, P.C.