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HomeMy WebLinkAboutSW8060909_HISTORICAL FILE_20150126STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SWs 0�9 oq o q DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 201 5 0 l 2 to YYYYMMDD A*A' NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 26 2015 Ms Dianne P Wilson President Barefoot Flooring Inc 2901 Castle Hayne Road Castle Hayne NC 28429 Subject Permit Modification and Extension State Stormwater Management Permit No SW8 060909 Barefoot Square High Density Subdivision Wet Pond Protect New Hanover County Dear Ms Wilson Donald van der Vaart Secretary The Wilmington Regional Office received a complete modified State Stormwater Management Perrot Application for Barefoot Square on December 17 2014 Staff review of the plans and specifications has determined that the project as proposed will comply with the Stormwater Regulations set forth in Session Law 2008 211 and Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 060909 dated January 26 2015 for the construction operation and maintenance of the BMP s and built upon area associated with the subject project 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 2010177 which granted an extra year for an extension of up to four (4) years This permit shall be effective from the date of issuance until January 11 2021 and shall be subject to the conditions and limitations as specified therein 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 changing 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 The following modifications are included and covered by this permit 1 Subdivision This permit was not previously permitted as a subdivision because the two lots on the plans were owned by the same entity Now one of the lots is owned by a separate entity and so this permit has been modified to show a subdivision Barefoot Flooring Inc continues to own the Barefoot Flooring lot (Lot 1) Lot 1 is allocated 21 122 square feet of impervious area The other lot (Lot 2) is allocated 21839 square feet a Lot 1 (Barefoot Flooring) The drainage details for this lot continue to be permitted by SW8 060909 The plans previously approved on January 11 2007 remain in effect b Lot 2 (The Other Lot) The owner of this lot will need to apply for and obtain an Offsite State Stormwater permit to drain to SW8 060909 per 15A NCAC 213 1003(d)(3)(A) and 15A NCAC 2B 1002(12) 2 Deed Restrictions Deed restrictions limiting the impervious area per lot are now required If any parts requirements or limitations contained in this permit are unacceptable you have the right to request an adludicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 150B 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 919431 3000 or visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding 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 SW8 060909 January 26 2015 If you have any questions or need additional information conceming this matter please contact Kelly Johnson in the Wilmington Regional Office at (910) 796 7215 Sincerely Tracy E D rector Division of Energy Mineral and Land Resources GDS/kpf %Stormwater\Permits & Projects\2006\060909 HD\2015 01 permit 060909 cc Inspector New Hanover County Inspections County Engineering Division of Coastal Management Wilmington Regional Office Stormwater File �i.o,-9 01�� 7 Page 2 of 2 State Stormwater Management Systems Permit No SW8 960909 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 Barefoot Flooring Inc Barefoot Square 2901 Castle Hayne Rd Wilmington New Hanover County FOR THE construction operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H 1000 and Session Law 2008 211 (hereafter separately and collectively referred to as the stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division and considered a part of this permit This permit shall be effective from the date of issuance until January 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 The subdivision is permitted for 2 lots each limited to a maximum amount of built upon area as indicated in Section II 14 (f) of this permit 3 This stormwater system has been approved for the management of stormwater runoff as described in Section 18 of this permit The runoff from all built upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system The wet pond has been designed to handle the runoff from 42 961 square feet of impervious area 4 The maximum built upon area allowed for the entire subdivision is 42 961 square feet 5 The drainage area will be limited to the amount of built upon area indicated in Sections 13 and 18 of this permit and per approved plans The built upon area for the future development is limited to 0 square feet 6 A 50 wide vegetative buffer must be provided and maintained adjacent surface waters measured honzontally from and perpendicular to the normal pool of impounded structures the top of bank of both sides of streams and rivers and the mean high water line of tidal waters 7 Prior to the discharge of stormwater runoff from any lot into the approved stormwater system the permittee shall ensure that the owner of the lot has obtained a separate Offsite Stormwater Management Permit Page 3 of 9 State Stormwater Management Systems Permit No SW8 960909 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 207 Onsite ft2 90170 Offsite ft2 0 b Total Impervious Surfaces ft2 42 961 c Design Storm inches 1 d Pond Depth feet 6 e TSS removal efficiency 90% f Permanent Pool Elevation FMSL 315 g Permanent Pool Surface Area ft2 7 229 h Permitted Storage Volume ft3 7 922 1 Temporary Storage Elevation FMSL 325 1 Controlling Orifice 1 pipe k Permitted Forebay Volume ft3 4 433 1 Receiving Stream/River Basin Ness Creek/ Cape Fear Basin m Stream Index Number 18 74 62 n Classification of Water Body C Sw II SCHEDULE OF COMPLIANCE No person or entity including the permittee shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan The permittee is responsible for the routine monitoring of the project for compliance with the built upon area limits grading and the stone drainage system established by this permit the permit documents the approved plans and the recorded deed restrictions The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution 3 The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit The permittee shall not approve any lot plans where the maximum allowed built upon area has been exceeded or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division 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 in writing 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 6 All stormwater collection and treatment systems must be located in public rights of way dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required rights of way common areas and easements in accordance with the approved plans Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times 7 During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 8 Upon completion of construction prior to issuance of a Certificate of Occupancy and prior to operation of this permitted facility the permittee shall cause a certification from an appropriate designer for the system installed to be submitted 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 A modification may be required for those deviations Page 4 of 9 State Stormwater Management Systems Permit No SW8 960909 �9 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 any item shown on the approved plans including the stormwater management measures built upon area details etc b Redesign or addition to the approved amount of built upon area or to the drainage area c Further development subdivision acquisition lease or sale of any all or part of the protect area The protect 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 d Filling in altering or piping of any vegetative conveyance shown on the approved plan e The construction of any future BUA listed on the application 10 If the stormwater system is 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 11 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals 12 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date activity name of person performing the work and what actions were taken 13 The facilities shall be constructed in accordance with the conditions of this permit the approved plans and specifications and other supporting data 14 The following deed restrictions must be recorded a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060909 as issued by the Division of Energy Mineral and Land Resources under NCAC 2H 1000 to 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 for Lot 1 is 21 122 square feet and for Lot 2 is 21 839 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 g For those lots within CAMA s Area of Environmental Concern where DCM calculates a different maximum lot built upon area the governing lot BUA shall be the more restrictive of the two numbers Delete this item if CAMA is not involved h All runoff from the built upon areas on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters which drain to the pond or street grading the lot to drain toward the street or directly into the pond or grading perimeter swales and directing them into the pond or street i Built upon area in excess of the permitted amount will require a permit modification j All affected lots shall maintain a 50 wide vegetative buffer adjacent to surface waters measured horizontally from and perpendicular to the normal pool of impounded structures the top of bank of each side of streams and rivers and the mean high water line of tidal waters k Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G S 143 Article 21 Page 5 of 9 State Stormwater Management Systems Permit No SW8 960909 Each lot within the subdivision whose ownership is not retained by the permittee must submit a separate Offsite Stormwater Management Permit application package to the Division of Energy Mineral and Land Resources and receive a permit pnor to any construction on the lot 15 Prior to transfer of the permit the stormwater facilities will be inspected by Division personnel The project and the stormwater facility must be in substantial compliance with all permit conditions Any items not in compliance must be repaired replaced or restored to design condition pnor to the transfer Records of maintenance activities performed to date will be required 16 If the permanent pool volume is greater than 30 000 cubic feet a decorative spray fountain 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 N/A 17 If permeable pavement BUA credit is desired the permittee must submit a request to modify this permit to incorporate such language as required by the Division The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision and a soils report identifying the type of soil the Seasonal High Water Table elevation and the infiltration rate Upon the successful completion of a permit modification the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee or a designated agent and receive approval pnor to construction of the permeable pavement III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director The permittee shall submit a completed and signed Name/Ownership Change Form accompanied by the supporting documentation as listed on the form to the Division of Energy Mineral and Land Resources at least 60 days prior to any one or more of the following events a An ownership change including the sale or conveyance of the protect area in whole or in part except in the case of an individual lot sale that is made subject to the recorded deed restrictions b The sale or conveyance of the common areas to a Homeowners or Property Owners Association subject to the requirements of Session Law 2011 256 c Bankruptcy d Foreclosure e Dissolution of the partnership or corporate entity f A name change of the current permittee g A name change of the project h A mailing address change of the permittee The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit Neither the sale of the protect in whole or in part nor the conveyance of common area to a third party constitutes an approved transfer of the permit Any person or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement action as outlined in NCGS 143 Article 21 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) having jurisdiction In the event that the facilities fail to perform satisfactonly 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 Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction Page 6 of 9 State Stormwater Management Systems Permit No SW8 960909 The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting the permitted stormwater management facility The permit issued shall continue in force and effect until revoked or terminated The permit may be modified revoked and reissued or terminated for cause The filing of a request for a permit modification revocation and re issuance or termination does not stay any permit condition Unless specified elsewhere permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual Approved plans specifications supplement forms 0&M Agreements and calculations for this protect are incorporated by reference and are enforceable parts of the permit The permittee shall maintain a copy of these documents on file at all times 10 The issuance of this permit does not prohibit the Director from reopening and modifying the permit revoking and reissuing the permit or terminating the permit as allowed by the laws rules and regulations contained in Session Law 2006 246 Title 15A NCAC 2H 1000 and NCGS 143 2151 et al 11 The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit The renewal request must include the appropnate documentation and the processing fee Permit modified and reissued this the 2611, day of January 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Tracy Di P E Director Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 960909 Page 7 of 9 State Stormwater Management Systems Permit No SW8 960909 Barefoot Square Page 1 of 2 Stormwater Permit No SW8 960909 New HanoverCounty Designer's Certification I as a duly registered in the State of North Carolina having been authorized to observe (penodically/weekly/full time) the construction of the protect (Protect) for (Protect Owner) hereby state that to the best of my abilities due care and diligence was used in the observation of the protect construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No SW8 960909 Certification Requirements Page 2 of 2 _1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built upon area _3 All the built upon area associated with the protect is graded such that the runoff drains to the system _4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan _6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure _8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 31 10 The inlets are located per the approved plans and do not cause short circuiting of the system _11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans _13 All required design depths are provided 14 All required parts of the system are provided such as a vegetated shelf a forebay and the vegetated filter 15 The required dimensions of the system are provided per the approved plan 16 All components of the stormwater BMP are located in either recorded common areas or recorded easements cc NCDENR DEMLR Regional Office Inspector New Hanover County Building Inspections Page 9 of 9 r_ DEMLR USE ONLY Date Received Fee Paid 4ermit Number � Jr0✓f" � o -# � �/r� Applicable Rules ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II Post Construction (select all that apply) ❑ Non Coastal SW HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan State of North Carolina Department of Environment and Natural Resources Division of Energy Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATI R�'�� This form may be photocopied for use as an original DEC 17 1014 I GENERAL INFORMATION oy 1 Project Name (subdivision facility or establishment name should be consistent with project name on plans specifications letters operation and maintenance agreements etc) 2 Location of Project (street address) 2901 Castle Hayne Road City Wilmington County New Hanover Zip 28429 3 Directions to project (from nearest major intersection) From 1140 West, turn LEFT onto NC 133 Castle Hayne Road Travel SOUTH for 148 miles Turn RIGHT onto North County Drive Site is on the RIGHT 4 Latitude 34 17 50 N Longitude 77 55 23 5 W of the main entrance to the project II PERMIT INFORMATION 1 a Specify whether project is (check one) ❑New ®Modification ❑ Renewal w/ Mod6lcationt tRenewals with modifications also requires SWU 102 — Renewal Application Form b If this applicahon is being submitted as the result of a modification to an existing permit list the existing permit number SW8060909 its issue date (if known)lanuary 11, 2007 , and the status of construction ❑Not Started ❑Partially Completed ® Completed provide a designer s certification 2 Specify the type of project (check one) ❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other 3 If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application list the stormwater project number if assigned and the previous name of the project if different than currently proposed 4 a Additional Project Requirements (check applicable blanks information on required state permits can be obtained by contacting the Customer Service Center at 1 877 623 6748) ❑CAMA Major ®Sedimentation/Erosion Control _ ❑NPDES Industrial Stormwater ❑404/401 Permit Proposed Impacts ac of Disturbed Area b If any of these permits have already been acquired please provide the Project Name Project/Permit Number issue date and the type of each permit 5 Is the project located within 5 miles of a public airport? ❑No ❑Yes If yes see S L 2012 200 Part VI http //portal ncdenr ora/web/ldrules and regulations Form SWU 101 Version Oct 31 2013 Page 1 of 6 III CONTACT INFORMATION 1 a Print Applicant / Signing Official s name and title (specifically the developer property owner lessee designated government official individual etc who owns the protect) Applicant/Organization Barefoot Flooring, Inc Signing Official & Title Dianne P Wilson, President b Contact information for person listed in item la above Street Address 2901 Castle Hayne Road City Castle Hayne State NC Zip 28429 Marlmg Address (if applicable) City State Phone (910 ) 264-1005 Fax Email barefootfloorm®aol com Zip Please check the appropriate box The applicant listed above is ® The property owner (Skip to Contact Information item 3a) ❑ Lessee (Attach a copy of the lease agreement and complete Contact Information item 2a and 2b below) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Contact Information item 2a and 2b below) ❑ Developer (Complete Contact Information item 2a and 2b below) 2 a Print Property Owner s name and title below if you are the lessee purchaser or developer (This is the person who owns the property that the project is located on) Property Owner/Organization Barefoot Flooring, Inc Signing Official & Title Dianne P Wilson, President b Contact information for person listed in item 2a above Street Address 2901 Castle Hayne Road City Castle Hayne State NC Zip 28429 Mailing Address (if applicable) City State Zip Phone ( ) Fax Email t — k 3 a (Optional) Print the name and title of another contact such as the project s cons 4ctigEs�',u 1 � i2014r of ter person who can answer questions about the project gV------ Other Contact Person/Organization Tripp Engineering, P C Signing Official & Title b Contact information for person listed in item 3a above Mailing Address 419 Chestnut St City Wilmington State NC Zip 28401 Phone (910 1 763-5100 Fax (910 ) 7635631 Email 4 Local jurisdiction for building permits New Hanover Hanover Count Point of Contact Phone # Form SWU 101 Version Oct 31 2013 Page 2 of 6 IV PROJECT INFORMATION 1 In the space provided below bnefly summarize how the stormwater runoff will be treated See existing permit 2 a If claiming vested rights identify the supporting documents provided and the date they were approved ❑ Approval of a Site Specific Development Plan or PUD Approval Date ❑ Valid Budding Permit Issued Date ❑ Other Date b If claiming vested rights identify the regulation(s) the project has been designed in accordance with ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3 Stormwater runoff from this project drains to the 4 Total Property Area 2 07 acres River basin 5 Total Coastal Wetlands Area acres 6 Total Surface Water Area acres 7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area acres Total prolect area shall be calculated to exclude the following the normal pool of impounded structures the area be the banks of streams and rivers the area below the Normal High Water (NHIN) line or Mean High Water (MHW) line and coastal wetlands landward froin the NHW (or MHW) line The resultant project area is used to calculate overall percent built upon area (BUA) Nat coastal wetlands landward of the NHW (or MHW) line may be included in the total project area 8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 45 7 9 How many drainage areas does the project have?l (For high densihj count 1 for each proposed engineered stormwater BMP For low density and other projects use 1 for the whole property area) 10 Complete the following information for each drainage area identified in Project Information item 9 If there are more than four drainage areas in the project attach an additional sheet with the information for each area provided in the same format as below Basin Information Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ Receiving Stream Name Ness Creek Stream Class C Sw Stream Index Number Total Drainage Area (so 207 On site Drainage Area (so Off site Drainage Area (so Proposed Impervious Area (so 42 961 SF T Impervious Area total 476, Impervious Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area On site Buildings/Lots (so 16 000 SF On site Streets (so On site Parking (so 21 225 SF On site Sidewalks (so 5 736 SF N Other on site (so " jnEr Future (so Off site (so By Existing BUA (so Total (sf) 1 42 961 SF Stream Class and Index Number can be determined at http 1/portal ncdenr org oebhoq[pslcsu/classtficahorts lin ervious area is defined as the built upon area including but not limited to buildings roads parking areas sidewalks gravel areas etc Report only that amount of existing BUA that will remain after development Do not report any existing BUA that is to be removed and which will be replaced by new BUA Form SWU 101 Version Oct 31 2013 Page 3 of 6 11 How was the off site impervious area listed above determined? Provide documentation Proiects in Union County Contact DEMLR Central Office staff to check rf the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent slormwater requirements as per 15A NCAC 02B 0600 V SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded from lift //portal ncdenr org/web/wq/ws/su/bmp manual VI SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy Mineral and Land Resources (DEMLR) A complete package includes all of the items listed below A detailed application instruction sheet and BMP checklists are available from htto //portal ncdenr org/web/wg/ws/su/statesw/forms docs The complete application package should be submitted to the appropriate DEMLR Office (The appropriate office maybe found by locating project on the interactive online map at httl2 / / portal ncdenr org/web/wq/ws/su/maps ) Please indicate that the following required information have been provided by initialing in the space provided for each item All original documents MUST be signed and initialed in blue ink Download the latest versions for each submitted application package from http / /portal ncdenr org/web/wq/ws/su/statesw/forms docs Initials 1 Original and one copy of the Stormwater Management Permit Application Form 2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form (if required as per Part VII below) 3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP 4 Permit application processing fee of $505 payable to NCDENR (For an Express review refer to hu //www envhelp org/pages/onestopexpress html for information on the Express program and the associated fees Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting) 5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project This is required in addition to the brief summary provided in the Project Information item 1 6 A USGS map identifying the site location If the receiving stream is reported as class SA or the receiving stream drains to class SA waters withm 1/2 mile of the site boundary include the ih mile radius on the map 7 Sealed signed and dated calculations (one copy) 8 Two sets of plans folded to 8 5 x 14 (sealed signed & dated) including a Development/Project name b Engineer and firm c Location map with named streets and NCSR numbers d Legend ESVEC e North arrow F-``14�.• f Scale DEC 17 2014 g Revision number and dates h Identify all surface waters on the plans by delineating the normal pool eleva of impounded structures the banks of streams and rivers the MHW or NHW 11Mof tidal waters and any coastal wetlands landward of the MHW or NHW lines • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures the banks of streams or rivers and the MHW (or NHW) of tidal waters 1 Dimensioned property/project boundary with bearings & distances j Site Layout with all BUA identified and dimensioned k Existing contours proposed contours spot elevations finished floor elevations 1 Details of roads drainage features collection systems and stormwater control measures in Wetlands delmeated or a note on the plans that none exist (Must be delineated by a qualified person Provide documentation of qualifications and identify the person who made the determination on the plans n Existing drainage (including off site) drainage easements pipe sizes runoff calculations o Drainage areas delineated (included in the main set of plans not as a separate document) Form SWU 101 Version Oct 31 2013 Page 4 of 6 p Vegetated buffers (where required) 9 Copy of any applicable sods report with the associated SHWT elevations (Please identify _ elevations in addition to depths) as well as a map of the bormg locations with the existing elevations and boring logs Include an 8 5 xll copy of the NRCS County Soils map with the project area clearly delineated For projects with infiltration BMPs the report should also include the soil type expected infiltration rate and the method of determining the infiltration rate (Infiltration Devices submitted to WiRO Schedule a site visit for DEMLR to venfij the SHWT prior to submittal (910) 796 7378 ) 10 A copy of the most current property deed Deed book Page No _ 11 For corporations and limited liability corporations (LLC) Provide documentation from the NC Secretary of State or other official documentation which supports the titles and positions held by the persons listed in Contact Information item la 2a and/or 3a per 15A NCAC 2H 1003(e) The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State otherwise the application will be returned http //www secretary state nc us/Corporations/CSearch aspx VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions outparcels and future development the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed BUA allocations vary a table listing each lot number lot size and the allowable built upon area must be provided as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and protective covenants forms can be downloaded from http //portal ncdenr org/web/Ir/state stormwater forms does Download the latest versions for each submittal In the instances where the applicant is different than the property owner it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded By the notarized signature(s) below the permit holder(s) certify that the recorded property restrictions and protective covenants for this project if required shall include all the items required in the permit and listed on the forms available on the website that the covenants will be binding on all parties and persons claiming under them that they will run with the land that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR and that they will be recorded prior to the sale of any lot VIII CONSULTANT INFORMATION AND AUTHORIZATION Applicant Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information) Consulting Engineer Jonathan W Ham, E I Consulting Firm Tripp Engineering P C Mailing Address 419 Chestnut St City Wilmington State NC Zip 28401 Phone (910 ) 763 5100 Fax (910 1 7635631 Email IX PROPERTY OWNER AUTHORIZATION (if Contact Inforination item 2 has been filled out complete this section) I (print or type name of person listed in Contact Information item 2a) , certify that I own the property identified in this permit application and thus give permission to (print or hjpe name of person listed in Contact Information item la) with (print or hjpe name of organization listed in Contact Information item la) to develop the project as currently proposed A copy of the lease agreement or pending property sales contract has been provided with the submittal which indicates the party responsible for the operation and maintenance of the stormwater system ECF=B E 1 DEC 17 2014 BY Form SWU 101 Version Oct 31 2013 Page 5 of 6 As the legal property owner I acknowledge understand and agree by my signature below that if my designated agent (entity listed in Contact Information item 1) dissolves their company and/or cancels or defaults on their lease agreement or pending sale responsibility for compliance with the DEMLR Stormwater permit reverts back to me the property owner As the property owner it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days otherwise I will be operatmg a stormwater treatment facility without a valid permit I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143 2151 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 a Notary Public for the State of do hereby certify that before me this _ day of Date County of personally appeared . and acknowledge the due execution of the application for a stormwater permit Witness my hand and official seal SEAL My commission X APPLICANT S CERTIFICATION I (print or hjpe naive of person listed in Contact Infornmtion itein 1a) Dianne P Wilson, President certify that the information included on this permit application form is to the best of my knowledge correct and that the project will be constructed in conformance with the approved plans that the required deed restrictions and protective covenants will be recorded and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H 1000 and any other applicable state stormwater requirements Signature iie n /" 9L nit. Date 4Q 0-6 I W f a Notary Public/for' the/ State of I' ` / County of o hereby certify that 11,11A%n1i. Il ; Lf/j'���F personally appeared before me this day of Oz(-� 1-41— and a nowle g the due execution of the application for a stormwater permit Witness my hand and official seal AA J^ SEAL G' W HUG NOTARY PUBLIC NEW HANMR COUNTY NC My commission expires i Form SWU 101 Version Oct 31 2013 Page 6 of 6 Johnson Kelly From Johnson Kelly Sent Thursday January 08 2015 10 12 AM To Jameslorel Subject RE Barefoot Flooring SW8 060909 Thanks I am just following upon this one What were your questions? Thanks Kelly From Jameslorel [mailto Jameslorelwilson@aol com] Sent Wednesday December 31 2014 6 52 PM To Johnson Kelly Subject Re Barefoot Flooring SW8 060909 Thank you I will be in touch with you next week Happy New Year to you also Lee Wilson Sent from my iPhone On Dec 31 2014 at 3 35 PM Johnson Kelly <kelly p lohnsonnncdenr t,ov> wrote Mr Wilson I got your voicemail but I have not been able to get back to you today and so I apologize I am on my way out soon and we are closed tomorrow and I am out of the office on Friday But I will be available via email on Monday and in the office on Tuesday Happy New Yearl Kelly From Johnson Kelly Sent Monday December 29 2014 9 55 AM To jameslorelwilson(alaol com Rodney Alan Currin Sullivan Tim Subject FW Barefoot Flooring SW8 060909 Mr Wilson Mr Curran & Mr Sullivan I understand that you all have decided that Barefoot Flooring Inc (Mr Wilson) will be the master permittee (permit number SW8 060909) and that the subdivided parcel will drain offsite to the master permit On December 17 2014 1 received an application to subdivide the master permit (SW8 060909) into two tracts where Lot 1 will have 21 122sf of impervious and Lot 2 will have 21 839sf of impervious I still need a few documents for both the master permit (SW8 060909) and the new offsite permit (permit number TBD) to process these applications Master Permit SW8 060909 (Barefoot Flooring Inc / Mr Wilson) 1 ) Plans We have previously discussed that you already have plans showing the subdivision We will need two copies of those plans for the master permit and two copies of those plans for the offsite permit This is because we will keep a plan set on file for each of the two permits stamped approved and will return a set to each permittee (the master permittee and the offsite permittee) which are also stamped approved We therefore need a total of four (4) sets of plans showing the subdivision 2) Operation and Maintenance Agreement Will the master permittee continue to be responsible for maintenance? Since the pond is on both properties you all need to determine who will be responsible for maintenance as we have previously discussed Both entities have a shared interest in the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is responsible if it isn t done and that there is written documentation to back that up even if one of the two of you eventually sell you lot (which is likely for the bank) 3) Pond Easement See #2 above 4) $505 review fee Offsite Permit Permit Number TBD (Bank Owned) We need an application package for an offsite permit This should include the following Forms and directions are available on our website htt portal ncdenr ora/web/Ir/state stormwater forms docs 1 Application form 2 Offsite supplement form 3 Two sets of plans as discussed in #1 under master permit above and 4 $505 review fee I will keep the forms I have received to date but please be advised that I cannot accept them for processing until I have all of the necessary documentation for the master permit Ideally both permits would be processed at the same time But if the master permit submits all of its information I can process that one first if needed Thanks Kelly From iameslorelwilsomC aol com [mailto iameslorelwilson(aaol com] Sent Monday September 08 2014 11 28 AM To Johnson Kelly Cc racCalofc law com Subject Re Barefoot Flooring SW8 060909 Good Morning Kelly I received your a mail Let s go ahead and work with the map of the sub division that is already recorded with the county if possible I prefer not to include the engineer with this scope of work because of the expense Thank you for your assistance with this matter Sincerely Lee & Dianne Wilson Original Message From Johnson Kelly <kelly P iohnson(Qncdenr gov> To lameslorelwilson <lameslorelwilson(o)aol com> barefootflorin <barefootflorint7aol com> Cc Rodney Alan Curnn <ract7a ofc law com> Phil Tripp <ptnpp(a)ec rr com> Sent Mon Sep 8 2014 9 26 am Subject FW Barefoot Flooring SW8 060909 Mr Wilson I received the attached draft documents that you submitted for my review last week I went through it quickly this morning and I think that it is in order I will go through it in detail once I get both submittal packages (one from you and the other one for the adjacent property) I have also attached my email to your attorney discussing the items to submit This is some guidance about the application so please make sure that all of the items required by the application are submitted (such as the deed) There are some items that aren t changing that we won t need and I tried to outline all of that in the attached email to your attorney In particular please see page 3 about the plans and the Operation and Maintenance agreement Your engineer will be familiar with the process (I have cc d him) But when you submit we will need two copies of the plans for each permit (two for Barefoot Flooring and two for the permit that offsites to your permit) You already have plans drawn up of the pond and I don t think anything will change on that But we will need plans showing the layout and bearing/distance lines of the two lots We will approve all four sets of plans and we will keep one on file for each permit We will mail the other approved set to each of the appropriate permittees Also since the pond is on both properties we will need to have an agreement between both parties about how the pond will be maintained long term (see page 2 of the email to your attorney) Email Page 3 You already have plans I don t think you will need to change them other than to add a sheet showing the bearing/distance line of the subdivision between the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we can work through that perhaps with a map of the subdivision that is already recorded with the county Let s touch base again before you submit for the modification to see what you and the bank have decided to do and make sure that that process works with the plans that you have Operation and Maintenance Agreement Depending on the path you take you may want to have this form http //portal ncdenr orq/web/Ir/bmp manual Look to the left then to the bottom Look below the list of chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an O&M agreement in place but this is the type of language it will have Email Page 2 Your case is a little bit different than the norm because the pond is on both lots Both entities have a shared interest in the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is responsible if it isn t done and that there is written documentation to back that up even if one of the two of you eventually sell you lot (which is likely for the bank) I know that this is a lot of information so if you have further questions please let me know I have cc d your engineer and your attorney to keep them in the loop Thanks KJ From Johnson Kelly Sent Wednesday August 27 2014 9 24 AM To tam eslorelwilson(o)aol corn Subject Barefoot Flooring SW8 060909 Mr Wilson Here are two documents that may help you figure out the impervious data If you want to schedule a time to come see the whole file please let me know I understand that you had an existing building and then added the adjacent shopping area on the same tract a few years later It may have been that the original building did not require a State Stormwater permit alone but that when you added the second building it required a permit Is that how you remember it? The 2006 narrative by the engineer says that there was 21 122sf of existing impervious area and that they added area such that the total became 42 961 So the second lot may be the difference in those two numbers (I am just guessing at this here ) The application for the permit (page 11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961 sf total in terms of how much of that area is building parking etc Hopefully that answers your questions? Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington NC 28405 3845 Office 910 796 7331 Fax 910 350 2004 Review Checklist Project Name Project Location Received Date 11 Accepted Date Rule(s) 1:12008 Coastal El1995 Coastal Phase II (WiRO) El Universal 1:11988 Coastal Type of Permit New or Mod or PR Existing Permit # (Mod or PR) MPE Cert on File'? Density HD or LD M(/ OK?) Type Commercial or Residential MNCG 1:10ffsite to SW8 Exempt Stream Class OSA Map Subdivided'P Subdivision or Single Lot ORW Map Paperwork Emaded Engineer on I"/}gIf4 FiSupplement(s) (1 original per BMP) BMP Type(s) Rim` ( ) �C&M with correct/original signatures (1 original per BMP except LS/VFS and swales) '� Application with correct/original signatures Deed <gineer 0 ❑Corp or LLC Sig Auth per SoS or letter Email Address Desig�d$505 (within 6mo)Email Address Owne❑Soils Report with SHWT ✓�� T� Sv�CW�51� N etoRevie�we_rICalculations (s gned/sealed) - Oym r CjStW� - tTEl() 15 ❑Noobvious errors St Ilnt� �' OW 1 com103 1111 10k+ j ❑Density includes common areas etc Stec CTtrr-S)\D4\1)15 1 cuin b Deed Restrictions if subdivided � Signed & Notarized \ 1� Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest Plans M2 Sets Details (roads cul de sacs curbs sidewalks BMPs Buildings etc) Grading Wetlands Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend �DA Maps El Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report �PE Cert for Master Lot # SHWT SHWT El Deed Rest for Master Lot # Matches Master Bottom �PP BUA Permitted (Master) sf Visited BUA Proposed (Offsite) sf Additional Information Permitted Proposed Proposed Proposed BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) O� S r G N DENR Page 1 of 1 From Rodney Alan Curnn <rac@ofc law com> To jameslorelwilson <jameslorelw lson@aol com> Cc Amy Marvine Currin <amc@ofc law com> Subject DENR Date Tue Dec 16 2014 3 31 pm Attachments SWU 101 Application_Permit_Modification DENR doc (222K) SSW Deed Restrict HDCOMSD 20091105 DWO SPU doc (46K) Barefoot —Narrative pdf (259K) Stormwater_Narrative_Addendum docx (16K) Lee I think the attached application documents are ready to submit to DENR Please have these documents signed and notarized where indicated and submit them to Kelly Johnson at DENR Please tell her that the Maintenance Agreement (it s actually entitled Declaration of Covenants Restrictions and Easements) has been signed by you and we are waiting to receive it from the Bank s attorney with the Bank s signature If you have any questions please let me know Rodney A Currin Attorney at Law Oliver Friesen Cheek PLLC 405 Middle Street New Bern NC 28560 252/633 1930 phone 252/633 1950 fax rac(@ofc law com email ECE'V1E DEC 17 2014 BV https //mail aol com/38865 418/aol 6/en us/mail/PrmtMessage aspx 12/16/2014 4 1 September 6 2006 Stor►►rwnter Nm►alive Barefoot Square New Hanovei County NC TE 06071 Barefoot Squire is a pre existing commercial site of 2 07 acres One stnmchue currently exists on site along with patkmg paikumg and access The existing impervious aiea is 21 122 sf The proposed expansion Includes a 10 000 sf budding addition 4 066 sf of concrete and 7 773 sf of asphalt access brings the total impervious area to 42 961 sf The proposed stormwater pond is sued to state s 1 requirement and the county s 25 year pre post requirement fhe pond is also checked for the 2 yeaj 10 year 100 year and 100 yeas spillway only Outflow will discharge through existing ditches to Ness Cieek classification C SW RE CE IVE71)" SEP 15 2006 owR -aoa u ECEF DEC 17 2014 BY _ Stormwater Narrative Addendum Barefoot Square New Hanover County NC This Addendum accompanies the Stormwater Management Permit Application Form submitted by Barefoot Flooring Inc ( Barefoot Flooring ) Barefoot Square has been divided into two parcels One parcel is owned by Barefoot Flooring and the other parcel is owned by First Community Bank ( Bank ) The parcel owned by Bank is called Barefoot Square Barefoot Floorings impervious area is 21 122 sf and Barefoot Squares impervious area is 21 839 sf for a total of 42 961 square feet The retention pond is located on both parcels Barefoot Flooring will continue to own the Permit Bank will apply for an offsite permit to dram into the retention pond The parties will enter into a Maintenance Agreement relating to the maintenance of the retention pond The parties will also record the required deed restriction document(s) Rj=-CF1VEM DEC 17 28% s BY Johnson From Scott Georgette Sent Friday September 26 2014 10 04 AM To Johnson Kelly Subject RE Thurs You do not need to call them They were happy with my answer The question was about the maintenance I also told them the Master was responsible But the legal agreement between them when define what each is responsible for I told them that their agreement (between Master Permittee and Offsrte Permittee) can be attached to the offsite permit on what the offsite permittee is responsible for as far as maintenance That was the answer the attorney wanted to hear I put a note in your file on who I talked to and made sure it was dated Have a good vacation G From Johnson Kelly Sent Thursday September 25 2014 5 17 PM To Scott Georgette Subjlect FW Thurs There are a lot of lawyers for that project It was a single lot but the owner Mr Wilson subdivided a lot off years ago There is a pond on the property line There is a small shopping center on the subdivided lot and the bank took that lot back from Mr Wilson Both Mr Wilson and the bank have lawyers and I have talked to each of them extensively about all of the options (and all of those emails are on file) I think they decided that the bank would offsite to Mr Wilson and that Mr Wilson would modify to subdivide to become the master permittee The questions are probably about the maintenance agreement I have told them that the entity that is the master permittee (probably Mr Wilson) will sign the maintenance agreement and will be responsible for compliance But that usually in those situations the master permittee somehow sets up an outside document to arrange for cost sharing and told them that we don t get involved in that They also need to have a drainage easement to protect the pond indefinitely since they both own it This has been going on for months If they have complicated questions I can talk to them on Tuesday Preferably if they are ready to submit and have following the instructions I have already given them they should just send it in and I will go through it when it gets here They may want me to pre review forms etc I do that to some extent for projects on a regular basis But for this one I have already done a lot of work up front Hopefully they can just submit it Thanks KJ From kellyabernathyjohnson [kellyabernathyjohnson@hotmad cam] Sent Thursday September 25 2014 5 06 PM To Johnson Kelly Subject Fwd Thurs S l r % %W nl 4( 1 11 111 Original message From Scott Georgette <geog ette scottPncdenr go�> Date 09/25/2014 3 27 PM (GMT 05 00) To kellyabemathyjohnson <kellyabemathylohnson(c-vhotmad c.om> Cc Subject RE Thurs Kelly I got a message to return a call from a Lawyer for Barefoot Flooring Is there anything I need to know? G From kellyabernathylohnson [mailto kellyabernathylohnson(&hotmail com] Sent Thursday September 25 2014 6 22 AM To Scott Georgette Cc Casmer Jo Subject Thurs I will be home again today I will also (theoretically) be in the mountains Fn Mon so I will be in the office Tues S U v R 1 tic I II npl 2 Johnson Kelly From tameslorelwilson@aol com Sent Monday September 08 2014 11 28 AM To Johnson Kelly Cc rac@ofc law com Subject Re Barefoot Flooring SW8 060909 Good Morning Kelly I received your a mail Let s go ahead and work with the map of the sub division that is already recorded with the county if possible I prefer not to include the engineer with this scope of work because of the expense Thank you for your assistance with this matter Sincerely Lee & Dianne Wilson Original Message From Johnson Kelly <kelly p tohnson@ncdenr gov> To lameslorelwilson <lameslorelwilson@aol com> barefootflorin <barefootflorin@aol com> Cc Rodney Alan Currin <rac@ofc law com> Phil Tripp <ptripp@ec rr com> Sent Mon Sep 8 2014 9 26 am Subject FW Barefoot Flooring SW8 060909 Mr Wilson I received the attached draft documents that you submitted for my review last week I went through it quickly this morning and I think that it is in order I will go through it in detail once I get both submittal packages (one from you and the other one for the adjacent property) I have also attached my email to your attorney discussing the items to submit This is some guidance about the application so please make sure that all of the items required by the application are submitted (such as the deed) There are some items that aren t changing that we won t need and I tried to outline all of that in the attached email to your attorney In particular please see page 3 about the plans and the Operation and Maintenance agreement Your engineer will be familiar with the process (I have cc d him) But when you submit we will need two copies of the plans for each permit (two for Barefoot Flooring and two for the permit that offsites to your permit) You already have plans drawn up of the pond and I don t think anything will change on that But we will need plans showing the layout and bearing/distance lines of the two lots We will approve all four sets of plans and we will keep one on file for each permit We will mail the other approved set to each of the appropriate permittees Also since the pond is on both properties we will need to have an agreement between both parties about how the pond will be maintained long term (see page 2 of the email to your attorney) Email Page 3 You already have plans I don t think you will need to change them other than to add a sheet showing the bearing/distance line of the subdivision between the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we can work through that perhaps with a map of the subdivision that is already recorded with the county Let s touch base again before you submit for the modification to see what you and the bank have decided to do and make sure that that process works with the plans that you have Operation and Maintenance Agreement Depending on the path you take you may want to have this form hhhttp //portal ncdenr org/web/Ir/bmp manual Look to the left then to the bottom Look below the list of chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an O&M agreement in place but this is the type of language it will have Email Page 2 Your case is a little bit different than the norm because the pond is on both lots Both entities have a shared interest in the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is responsible if it isn t done and that there is written documentation to back that up even if one of the two of you eventually sell you lot (which is likely for the bank) I know that this is a lot of information so if you have further questions please let me know I have cc d your engineer and your attorney to keep them in the loop Thanks KJ From Johnson Kelly Sent Wednesday August 27 2014 9 24 AM To jam eslorelwilsonCcDaol corn Subject Barefoot Flooring SW8060909 Mr Wilson Here are two documents that may help you figure out the impervious data If you want to schedule a time to come seethe whole file please let me know I understand that you had an existing building and then added the adjacent shopping area on the same tract a few years later It may have been that the original building did not require a State Stormwater permit alone but that when you added the second building it required a permit Is that how you remember it? The 2006 narrative by the engineer says that there was 21 122sf of existing impervious area and that they added area such that the total became 42 961 So the second lot may be the difference in those two numbers (I am just guessing at this here ) The application for the permit (page 11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961 sf total in terms of how much of that area is building parking etc Hopefully that answers your questions? Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington NC 28405 3845 Office 910 796 7331 Fax 910 350 2004 ' DEMLR USE ONLY Date Received Fee Paid Permit Number Applicable Rules ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II Post Construction (select all that apply) ❑ Non Coastal SW HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan State of North Carolina Department of Environment and Natural Resources Division of Energy Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATI,��T li0 This form may be photocopied for use as an o na \j�`„`'� I 9, GENERAL INFORMATION 1 Project Name (subdivision facility or establishment name should be co t t with project name n pla specifications letters operation and maintenance agreements etc) �c�`i11 2 Location of Project (street address) 2901 Castle Hayne Road City Wilmington County New Hanover Zip 28429 3 Directions to project (from nearest major intersection) From 1140 West, turn LEFT onto NC 133 Castle Hayne Road Travel SOUTH for 148 miles Turn RIGHT onto North County Drive Site is on the RIGHT 4 Latitude 34 17 50 N Longitude 77 55 23 5 W of the main entrance to the project II PERMIT INFORMATION 1 a Specify whether project is (check one) ❑New ®Modification ❑ Renewal w/ Modificationt tReneu als unth modifications also requires SWU 102 - Reneu al Application Form b If this application is being submitted as the result of a modification to an existing permit list the existing permit number SW8060909 its issue date (if known)Tanuary 11, 2007 , and the status of construction ❑Not Started [:]Partially Completed ® Completed provide a designer s certification 2 Specify the type of project (check one) ❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application list the stormwater project number if assigned and the previous name of the project if different than currently proposed 4 a Additional Project Requirements (check applicable blanks information on required state permits can be obtained by contacting the Customer Service Center at 1 877 623 6748) ❑CAMA Major ®Sedimentation/Erosion Control _ ❑NPDES Industrial Stormwater ❑404/401 Permit Proposed Impacts ac of Disturbed Area b If any of these permits have already been acquired please provide the Project Name Project/Permit Number issue date and the type of each permit Is the project located within 5 miles of a public airport? []No MY19ECEIVI If yes see S L 2012 200 Part VI http //portal nedenr org/web/Ir/rules and regulations SEP 0 5 1014 BY__ Fonn SWU 101 Version Oct 31 2013 Page I of 6 III CONTACT INFORMATION 1 a Print Applicant / Signing Official s name and title (specifically the developer property owner lessee designated government official individual etc who owns the project) Applicant/Organization Barefoot Flooring, Inc Signing Official & Title Dianne P Wilson, President b Contact information for person listed in item la above Street Address 2901 Castle Hayne Road City Castle Hayne State NC Zip 28429 Mailing Address (if applicable) City State Phone 1910 1 264-1005 Fax Email barefootfloorm@aol com Zip Please check the appropriate box The applicant listed above is ® The property owner (Skip to Contact Information item 3a) ❑ Lessee (Attach a copy of the lease agreement and complete Contact Information item 2a and 2b below) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Contact Information item 2a and 2b below) ❑ Developer (Complete Contact Information item 2a and 2b below ) 2 a Print Property Owner s name and title below if you are the lessee purchaser or developer (This is the person who owns the property that the project is located on) Property Owner/Organization Barefoot Flooring, Inc Signing Official & Title Dianne P Wilson, President b Contact information for person listed in item 2a above Street Address 2901 Castle Hayne Road City Castle Hayne State NC Zip 28429 Mailing Address (if applicable) City State Zip Phone ( ) Fax ( ) Email 3 a (Optional) Print the name and title of another contact such as the project s construction supervisor or other person who can answer questions about the project Other Contact Person/Organization Tripp Engineering, P C Signing Official & Title Jonathan W Ham, E I b Contact information for person listed in item 3a above Mailing Address 419 Chestnut St City Wilmington State NC Zip 28401 Phone (910 1 7635100 Email 4 Local jurisdiction for building permits Point of Contact Fax (910 ) 763 5631 Phone # SEP 0 5 2014 BY Form SWU 101 Version Oct 31 2013 Page 2 of 6 IV PROJECT INFORMATION 1 In the space provided below briefly summarize how the stormwater runoff will be treated See existing permit 2 a If claiming vested rights identify the supporting documents provided and the date they were approved ❑ Approval of a Site Specific Development Plan or PUD Approval Date ❑ Vand Building Permit Issued Date ❑ Other Date b If claiming vested rights identify the regulation(s) the project has been designed in accordance with ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3 Stormwater runoff from this project drains to the Cape Fear River basin 4 Total Property Area 2 07 acres 5 Total Coastal Wetlands Area 6 Total Surface Water Area 7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area acres Total project area shall be calculated to exclude the following the normal yool of imppounded structures the area between the banks of streams and rivers the area below the Normal Hugh Water (NHW) line or Mean High Water (MHW) line and coastal wetlands landward from the NHW (or MHW) line The resultant project area is used to calculate overall percent built upon area (BUA) Non coastal wetlands landward of the NHW (or MHW) line may be included in the total project area 8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 45 7 ly 9 How many drainage areas does the project have?l (For high density count 1 for each proposed engineered Stormwater BMP For low density and other projects use 1 for the whole property area) 10 Complete the following information for each drainage area identified in Project Information item 9 If there are more than four drainage areas in the project attach an additional sheet with the information for each area provided in the same format as below Basin Information Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ Receiving Stream Name Ness Creek Stream Class C Sw Stream Index Number Total Drainage Area (so 207 On site Drainage Area (sf) Off site Drainage Area (sf) Proposed Impervious Area (so 42 961 SF % Impervious Area total 47 6Y Impervious Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area On site Buildings/Lots (sf) 16 000 SF _ On site Streets (so On site Parking (so 21 225 SF On site Sidewalks (so 5 736 SF 91 Other on site (sf) U L Future (so Off site (so Existing BUA" (so Total (so 42 961 SF Stream glass and index Number can be determined at http 1/portal ncdcnr org ehhoq&s/csu/classificatwns Impervious area is defined as the built upon area including but not limited to buildings roads parking areas sidewalks gravel areas etc Report only that amount of existing BUA that will remain after development Do not report any existing BUA that is to be removed and which will be replaced by new B UA Form SWU 101 Version Oct 31 2013 Page 3 of 6 11 How was the off site impervious area listed above determined? Provide documentation Protects in Union Countv Contact DEMLR Central Office staff to check rf the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B 0600 V SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded from http //portal ncdenr org/web/wq/ws/su/bml2 manual VI SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy Mineral and Land Resources (DEMLR) A complete package includes all of the items listed below A detailed application instruction sheet and BMP checklists are available from http //portal ncdenr org/web/wq/ws/su/statesw/forms does The complete application package should be submitted to the appropnate DEMLR Office (The appropriate office may be found by locating project on the interactive online map at http //portal ncdenr org/web/wq/ws/su/maps ) Please indicate that the following required information have been provided by initialing in the space provided for each item All original documents MUST be signed and mitialed in blue ink Download the latest versions for each submitted application package from http //portal ncdenr org/web/wg/ws/su/statesw/forms does Initials- 1 Original and one copy of the Stormwater Management Permit Application Form 2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form (if required as per Part Vll below) 3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP 4 Permit application processing fee of $505 payable to NCDENR (For an Express review refer to http / /www envhelp org/pages/onestopexpress html for information on the Express program and the associated fees Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting) 5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project This is required in addition to the brief summary provided in the Project Information item 1 6 A USGS map identifying the site location If the receiving stream is reported as class SA or the receiving stream drams to class SA waters within 1/2 mile of the site boundary include the 1/2 mile radius on the map 7 Sealed signed and dated calculations (one copy) 8 Two sets of plans folded to 8 5 x 14 (sealed signed & dated) including a Development/Project name b Engineer and firm c Location map with named streets and NCSR numbers d Legend e North arrow f Scale g Revision number and dates h Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures the banks of streams and rivers the MHW or NHW line of tidal waters and any coastal wetlands landward of the MHW or NHW lines • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures the banks of streams or rivers and the MHW (or NHW) of tidal waters i Dimensioned property/project boundary with bearings & distances I Site Layout with all BUA identified and dimensioned k Existing contours proposed contours spot elevations finished floor elevations 1 Details of roads drainage features collection systems and stormwater control measures in Wetlands delineated or a note on the plans that none exist (Must be delineated byla - C E OVER qualified person Provide documentation of qualifications and identify the person ho' made the determination on the plans r SEP 0 5 2094 n Existing drainage (including off site) drainage easements pipe sizes runoff calcul° ns o Drainage areas delineated (included in the main set of plans not as a separate docil Y - U nt) Form SWU 101 Version Oct 31 2013 Page 4 of 6 p Vegetated buffers (where required) 9 Copy of any applicable soils report with the associated SHWT elevations (Please identify _ elevations in addition to depths) as well as a map of the boring locations with the existing elevahons and boring logs Include an 8 5 x11 copy of the NRCS County Soils map with the project area clearly delineated For projects with infiltration BMPs the report should also include the soil type expected infiltration rate and the method of determining the infiltration rate (Infiltration Devices submitted to WiRO Schedule a site visit for DEMLR to verify the SHWT pnor to submittal (910) 796 7378 ) 10 A copy of the most current property deed Deed book Page No _ 11 For corporations and limited liability corporations (LLC) Provide documentation from the NC _ Secretary of State or other official documentation which supports the titles and positions held by the persons listed in Contact Information item la 2a and/or 3a per 15A NCAC 2H 1003(e) The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State otherwise the application will be returned http //www secretary state nc us/Corporations/CSearch aspx VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions outparcels and future development the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed BUA allocations vary a table listing each lot number lot size and the allowable built upon area must be provided as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and protective covenants forms can be downloaded from http //portal ncdenr org/web/Ir/state stormwater forms dots Download the latest versions for each submittal In the instances where the applicant is different than the property owner it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded By the notarized signature(s) below the permit holder(s) certify that the recorded property restrictions and protective covenants for this project if required shall include all the items required in the permit and listed on the forms available on the website that the covenants will be binding on all parties and persons claiming under them that they will run with the land that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR and that they will be recorded prior to the sale of any lot VIII CONSULTANT INFORMATION AND AUTHORIZATION Applicant Complete this section if you wish to designate authority to another mdwidual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information) Consulting Engineer Jonathan W Ham, E I Consulting Firm Tripp Engmeering, P C Mailing Address 419 Chestnut St City Wilmington State NC Zip 28401 Phone (910 ) 7635100 Fax (910 1 7635631 Email IX PROPERTY OWNER AUTHORIZATION (if Contact Information item 2 has been filled out complete this section) I (print or type name ofperson listed in Contact Information item 2a) , certify that I own the property identified in this permit application and thus give permission to (print or type name of person listed in Contact Information item 1a) with (print or type name of organization listed in Contact Information iteni la) to develop the project as currently proposed A copy of the lease agreement or pending property sales contract has been provided with the submittal which indicates the party responsible for the operation and maintenance of the stormwater system SEP 0 5 2M4 By Form SWU 101 Version Oct 31 2013 Page 5 of 6 As the legal property owner I acknowledge understand and agree by my signature below that if my designated agent (entity listed in Contact Information item 1) dissolves their company and/or cancels or defaults on their lease agreement or pending sale responsibility for compliance with the DEMLR Stormwater permit reverts back to me the property owner As the property owner it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days otherwise I will be operating a stormwater treatment facility without a valid permit I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143 2151 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 a Notary Public for the State of do hereby certify that before me this _ day of Date County of personally appeared and acknowledge the due execution of the application for a stormwater permit Witness my hand and official seal SEAL My commission X APPLICANTS CERTIFICATION I (print or type name of person listed in Contact Information item la) Dianne P Wilson. President certify that the information included on this permit application form is to the best of my knowledge correct and that the project will be constructed in conformance with the approved plans that the required deed restrictions and protective covenants will be recorded and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H 1000 and any other applicable state stormwater requirements Signature a Notary Public for the State of do hereby certify that before me this _ day of Date County of personally appeared and acknowledge the due execution of the application for a stormwater permit Witness my hand and official seal SEAL �E { SEP 0 5 2014 iv My commission expires Form SWU 101 Version Oct 31 2013 Page 6 of 6 High Density Commercial Subdivisions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 2H 1000 and S L 2006 246 the Management Regulations deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility Deed restrictions and protective covenants are necessary to ensure that the development maintains a built upon area consistent with the design criteria used to size the stormwater control facility I Dianne P Wilson, President of Barefoot Flooring, Inc acknowledge affirm and agree by my signature below that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot within the project known as Barefoot Square 1 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8060909 as issued by the Division of Water Quality under the Stormwater Management Regulations 2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit 3 These covenants are to run with the land and be binding on all persons and parties claiming under them 4 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina Division of Water Quality 5 Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality 6 The maximum allowable built upon area per lot is 42,961square feet *Note If the BUA per lot vanes please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot The maximum built upon area per lot in square feet is as listed below Lot # BUA Lot # BUA Lot # BUA Lot # BUA 21122 _2_ 21839 Lot #1 Barefoot Floonng Lot #2 Barefoot Square owned by First Community Bank 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 7 All runoff from the built upon areas on the lot must drain into the permitted system This may be accomplished through a variety of means including roof drain gutters which drain to the street grading the lot to dram toward the street or grading perimeter swa/es to collect the lot runoff and directing them into a component of the stormwater collection system Lots that will naturally drain into the system are not required to provide these additional measures 8 The owner of each lot whose ownership Is not retained by the permittee is required to submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction 9 The project and each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters W—F iCE IVE **50 foot for projects located in the 20 coastal counties SEP 0 5 2014 Form DRPC 1 Rev 2 05Nov2009 Page t of 2 �gy Signature State of High Density Commercial Subdivisions Deed Restrictions & Protective Convenances County of a Notary Public in the do hereby certify that personally appeared before me this the day of 20 and acknowledge the due execution of the foregoing instrument Witness my hand and official seal SEAL Signature My Commission expires IEGIEIVE SEP 0 5 2014 Form DRPC 1 Rev 2 05Nov2009 Page 2 of 2 tE Barefoot Flooring SW8 060909 Page I of 3 From Rodney Alan Curnn <rac@ofc law com> To jameslorelwilson <jameslorelwilson@aol com> Cc Amy Marvine Curnn <amc@ofc law com> Subject RE Barefoot Flooring SW8 060909 Date Thu Aug 28 2014 11 10 am Attachments SWU 101 Application_Permit_Modification DENR doe (222K) Stormwater_Narrative_Addendum docx (16K) SSW Deed Restrict HDCOMSD 20091105 DWQ SPU doe (46K) Lee Attached are 3 forms that I believe need to be filed with DENR to get the permit modified Can you take these forms to Kelly Johnson and see if there is anything else you need to submit? I realize that the bank will need to apply for an offsite permit and we need to record new deed restrictions and we need to prepare a Maintenance Agreement but I want to see if what I have attached is correct in terms of getting the process started 111 probably get the bank s lawyer to draft all the other documents If Kelly approves the attached 1 II contact the bank s lawyer and let him know what we ve done and what we want him to do Please let me know if you have questions or comments From jameSloielNtiilson(1)"1olLoin[madtojimeslorekN11Son((1)aolcom] t� �y Sent Wednesday August 27 2014 4 42 PM 4� C Fo I V Al D To Rodney Alan Curren SEP 0 5 2014 Subject Re Barefoot Flooring SW8 060909 Stormwater Narrative Addendum Barefoot Square New Hanover County NC This Addendum accompanies the Stormwater Management Permit Application Form submitted by Barefoot Flooring Inc ( Barefoot Flooring ) Barefoot Square has been divided into two parcels One parcel is owned by Barefoot Flooring and the other parcel is owned by First Community Bank ( Bank ) The parcel owned by Bank is called Barefoot Square Barefoot Floorings impervious area is 21 122 sf and Barefoot Squares impervious area is 21 839 sf for a total of 42 961 square feet The retention pond is located on both parcels Barefoot Flooring will continue to own the Permit Bank will apply for an offsite permit to dram into the retention pond The parties will enter into a Maintenance Agreement relating to the maintenance of the retention pond The parties will also record the required deed restriction document(s) EiCE1VE 1 SEP052014 BY Johnson Kelly From Johnson Kelly Sent Wednesday August 27 2014 9 24 AM To jameslorelwilson@aol com Subject Barefoot Flooring SW8060909 Attachments Barefoot_ Narrative pdf Barefoot_ Permit pdf Mr Wilson Here are two documents that may help you figure out the impervious data If you want to schedule a time to come see the whole file please let me know I understand that you had an existing building and then added the adjacent shopping area on the same tract a few years later It may have been that the original building did not require a State Stormwater permit alone but that when you added the second building it required a permit Is that how you remember it? The 2006 narrative by the engineer says that there was 21 122sf of existing impervious area and that they added area such that the total became 42 961 So the second lot may be the difference in those two numbers (I am just guessing at this here ) The application for the permit (page 11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961sf total in terms of how much of that area is building parking etc Hopefully that answers your questions? Kelly K-eUl�iokILSDvu Kelly Johnson Environmental Engineer NC Division of Energy Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington NC 28405 3845 Office 910 796 7331 Fax 910 350 2004 Johnson Kelly From Johnson Kelly Sent Wednesday August 20 2014 11 10 AM To Rodney Alan Currin Cc Amy Marvine Currin Subject RE Barefoot Flooring Attachments Barefoot Square pdf 2014 05 permit 140205 doc permit 040920 doc 2014 05 master table 040920 xlsx 2014 05 Mr Currin The forms needed depend on the approach that you all decide on There are three options 1 Option #1 First Community Bank could get an offsite permit to drain to Barefoot Flooring 2 Option #2 First Community Bank could take responsibility of the pond and Barefoot Flooring could get an offsite permit to drain to the First Community Bank s parcel 3 Option #3 Issue the permit to both the Bank and Barefoot (This isn t a popular option ) For the application form SWU 101 you need to fill out Sections I VI and VIII (if you have a consultant work on the protect) IX (depending on III 2 c ) and X (also depending on III 2 c ) I have attached a scan of the current permit supplement and 0&M which will have most of the information you need The forms have changed a little bit since 2006/2007 so if there is something that you can t figure out lust let me know As a matter of terminology we refer to the permit that is issued to the entity that takes responsibility of the pond as the master permit That permit requires the master permittee to record deed restrictions for the lots in the subdivision for several things but the main thing is the amount of impervious area per lot That permit also sets the wet pond s design specifications Then any lot that is in the master permit s subdivision applies for an offsite permit to drain to the master permit The offsite permit essentially says that it can have the amount of impervious area per lot as specified in the master permit and that it has to be built such that it drains to the master permit s pond I have attached an example of a similar situation that I issued recently Permit SW8 040920 was originally written as a single lot but was subdivided and lots were sold So it was modified to be a 7 lot subdivision lust as SW8 060909 will be modified to be a 2 lot subdivision In the example permit SW8 140205 is written to an offsite permittee that drains offsite to its master permit SW8 040920 The example also shows that SW8 040920 had an ownership transfer (also called a Name/Ownership change) which will be necessary if you all decide on Option #2 but not if you decide on Option #1 (SW8 040920 also talks about an extension The legislature issued extensions to some permits in recent years I will have to see if Barefoot qualified (which is likely) and if so the master permit will also get the extension when it is subdivided ) 1 Option #1 Bank offsites to Barefoot Barefoot is already the permittee so you won t need to transfer the permit Barefoot would submit the application form (SWU 101) and all of the associated information as we have previously discussed including the deed restriction document The Bank would also submit SWU 101 the information that it needs as specified in SWU 101 and the offsite supplement form specifying the amount of impervious area it is being allocated by Barefoot s master permit 2 Option #2 Bank becomes the master permittee and Barefoot offsites to the bank In this case since Barefoot is the current permittee you will need to submit the transfer form to transfer SW8 060909 to the Bank Then proceed as the Bank is the master permittee such that the Bank submits the items specified to be submitted by Barefoot in #1 above and Barefoot submits the items specified to be submitted by the bank in #1 above 3 Option #3 Issue to both I am going to assume that you will not want to pursue this option If you do please let me know and we can discuss what to submit As for your last question about maintenance the existing O&M agreement is attached Again it is older and language changes over time The link I sent yesterday is what we used today and reflects lessons learned over the past few years An important point to consider is that as far as compliance goes the master permittee is generally responsible for maintenance under the permit If it isn t maintained then normally it is the master permittee s problem (Master permittees normally pass on portions of the maintenance cost in agreements beyond the scope of our permits ) Your case is a little bit different than the norm because the pond is on both lots Both entities have a shared interest in the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is responsible if it isn t done and that there is written documentation to back that up even if one of the two of you eventually sell you lot (which is likely for the bank) Ideally one of the two of you will become the master permittee and take responsibility for the pond and then pass on a portion of the costs to the other to recoup those costs If neither of you wants to be the master permittee (such that options #1 and #2 don t work) we will have to pursue #3 There isn t a cookie cutter approach to that We will have to work it out One option is to pursue a situation similar to a residential development (and some commercial development) draining to a wet pond In that set up the pond is on common area owned by an HOA and the HOA is responsible for it I think this is a little complex for you all because that would require you to create a third lot to obtain a third permit and to create a POA The POA would be the master permittee and both the Bank and Barefoot would get their own offsite permits to drain to the POA s master permit I am sure that there are other options that we could consider as well but nothing that is common We would have to come up with something Hopefully that answers your questions If you have additional questions please let me know Thanks Kelly From Rodney Alan Currin [mailto rac@ofc law com] Sent Tuesday August 19 2014 4 18 PM To Johnson Kelly Cc Amy Marvine Currin Subject RE Barefoot Flooring Kelly Thanks you for your email 1 If Barefoot Flooring files the SWU 101 and the Deed Restriction document would the Bank then file the Offsite Supplement that you refer to? Does that satisfy the requirement that the offsite party obtain an offsite permit to drain to Barefoot Flooring? 2 Regarding the SWU 101 which portions need completion —Just sections VI 1 2 4 5 10 & 11? What s the best way for me to get the information to complete the SWU 101—from the existing permit? Form the original application? Can you send to me from your file the documents) I need? 3 Since the retention pond is on both properties (Barefoot Flooring s property and the Bank s property) does the Wet Detention Basin form Just give us a guideline to prepare a Joint Maintenance Agreement between Barefoot Flooring and the Bank? Thanks From Johnson Kelly fmadto kelly p iohnson@ncdenr Rov] Sent Tuesday August 19 2014 3 01 PM To Rodney Alan Currin Subject Barefoot Flooring Here is the link to the following two documents http //portal ncdenr orx/web/Ir/state stormwater forms docs 1 Modification Application SWU 101 State Stormwater Permit Application Form There is an instructions sheet just below the application But in particular Section VI has a list of submittal requirements This is a list for a full application I suspect that you all will be able to simplify this a bit because you already have plans that have been approved and I don t think that you plan to make any changes to the pond Section VI 1 #3 If you don t change the pond you don t need the supplement form u #6 You don t need this one 111 #7 You don t need this one iv #8 You already have plans I don t think you will need to change them other than to add a sheet showing the bearing/distance line of the subdivision between the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we can work through that perhaps with a map of the subdivision that is already recorded with the county Let s touch base again before you submit for the modification to see what you and the bank have decided to do and make sure that that process works with the plans that you have v #9 You don t need this one 2 Deed Restriction Document Select the Deed Restrictions tab then high density commercial subdivision This form basically says that you promise to record restrictions including an impervious area per lot The two lots need to split the amount of impervious area (also called BUA for Built Upon Area) between them It is up to you all as to how you divide it but the two pieces have to add up to the total amount permitted 3 Name/Ownership Change Form Depending on the path you take you may need this form as well if you transfer ownership of the permit It is under Miscellaneous on the same website There are two forms choose the one that is not for the HOAs 4 Offsite Supplement Depending on the path you take you may want to see the Offsite Supplement under supplement forms This document is for a project that will drain offsite for treatment in someone else s BMP (best management practice — in this case the wet pond) It essentially ensures that the amount of impervious area on the offsite lot will match the deed restricted amount and it will also require the offsite lot to drain to the BMP 5 Operation and Maintenance Agreement Depending on the path you take you may want to have this form http //portal ncdenr ore/web/Ir/bmp manual Look to the left then to the bottom Look below the list of chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an O&M agreement in place but this is the type of language it will have If you have further questions or if you want to schedule a time to come do a file review please let me know Thanks Kelly K.CI.I,I� D� IA,SOIn, Kelly Johnson Environmental Engineer NC Division of Energy Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington NC 28405 3845 Office 910 796 7331 Fax 910 350 2004 Johnson Kelly From Johnson Kelly Sent Tuesday July 29 2014 10 26 AM To Sullivan Tim Scott Georgette Subject RE Barefoot Square Permit No SW8 060909 Attachments Barefoot Square pdf Mr Sullivan I have attached a scan of the permit The maintenance agreement is on pages 14 15 of the scan Also the application and supplement forms are on the following website http //portal ncdenr org/web/Ir/state stormwater forms docs If you click on supplement forms look for the off site system supplement as shown below If you have further questions please call Thanks K1 Fite Edit View Favwdes Tools Help t BFACONNWJl1C t$olupf3 NMES General 4rurts 1.:�84PMarwN F.Focrra Home twin, Land %Auty COMM Emim and SadYrtettt carom stomtwata COMM Uutdk Hatim Fa JdosstPrinwiit stile statrrw m starawatw vvaW Umly Water9ted amp Maaat Rate F Otslytatiaa mtastsio tterrmttlrg Msp a GtS Meipe t7sW Program tkd/ersai SW FAN WA Ua Abmhw waethv State Stormwater Forms & Documents Supplement Forms LOn Dnniq OOtvbpnetd OR she Aatart NCOOT V6 Pwd An meer sitpptemem Pomu u Maam m t aroa Manni page From Sullivan Tim [mailto TSullivan(cbpoynerspruill com] Sent Tuesday July 29 2014 9 18 AM To Johnson Kelly Scott Georgette Subject Barefoot Square Permit No SW8 060909 Ms Johnson and Ms Scott If either of you is able to call me this morning (919/783 2991) regarding the Barefoot Square permit I would greatly appreciate it as I have some questions about the items noted in the attached letter I Just want to be sure I understand the process Also I would appreciate it if you could send me the appropriate application form for an offsite permit Thank you for your assistance Best Regards Tim Sullivan 2 Timothy P Sullivan I Partner �?yner Spruill ATTORNEYS AT LAW 301 Fayetteville Street Suite 1900 Raleigh NC 27601 PO Box 1801 Raleigh NC 27602 1801 D 919 783 2991 1 F 919 783 1075 tsulhvan@poynerspruill com I www poVnerspruill corn ® C1 19 This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient If you are not the intended recipient you are prohibited from disseminating distributing or copying this communication If you have received this communication in error please immediately notify us by return message or by telephone at 919 783 6400 and delete this communication from your system Thank you ANG-WAMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 16 2014 Ms Dianne Wilson President Barefoot Flooring Inc 2901 Castle Hayne Rd Castle Hayne NC 28429 Mr Lee Wilson Agent Barefoot Square Business COA 2901 Castle Hayne Rd Castle Hayne NC 28429 Mr Robert Buzzo President First Community Bank NA PO Box 989 Bluefield VA 24605 Subject Notice of File Review/Inspection - Non Compliant Barefoot Square Permit No SW8 060909 New Hanover County Dear Ms Wilson Mr Wilson and Mr Buzzo John E Skvada III Secretary The subject State Stormwater permit was issued to Barefoot Flooring Inc on January 11 2007 As shown in the attached diagram the permit covers both 2901 Castle Hayne Rd (which is currently occupied by Barefoot Flooring) and 1915 North County Dr (which is currently owned by First Community Bank) The pond that treats the stormwater from both properties is on the property line I mailed the enclosed letter on July 10 2014 and then learned that First Community Bank is involved when I met with Mr and Ms Wilson on July 14 2014 Since the properties are now owned by two entities the permit must be subdivided and one of the two property owners must obtain an offsite permit to drain to the other Since the pond is currently permitted under Barefoot Flooring First Community Bank could get an offsite permit to drain to Barefoot Flooring Alternately First Community Bank could take responsibility of the pond and Barefoot Flooring could get an offsite permit to drain to the First Community Bank s parcel In either case a maintenance agreement needs to be drawn up to establish maintenance responsibility between the two property owners since it is a shared pond If you have any questions please contact me at the Wilmington Regional Office telephone number (910) 796 7331 or via email at kelly p fohnson@ncdenr gov Sinc ely Ily Jo son En mental Engineer enc SW8 060909 Summary Diagram Jul yy 10 2014 letter GDS\kpt G 1WQ\Shared\Stomiwater\Permits & Protects\2006\060909 HD\2014 07 CEI-deficient-2 060909 cc Georgette Scott Wilmington Regional Office Stormwater Supervisor <WiRO Stormwater File 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 t r lX S1 ATE OF NORTH CAROLINA COUNTY OF NEW HANOVER O IN THE MATTER Of- THE FORECLOSURE ) OF A DEED OF 1 RUS f rROM BAREFOOT ) SQUARE LLC TO JAMES G GRAHAM ) 1 RUSTEE DATED APRIL 23 2010 ) RECORDED IN BOOK 5481 PAGE 2219 ) NEW HANOVER COUNTY REGISTRY ) d�W �? O�baonq �2E.Gc-osu�E Trw�� IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 14 SP 167 `4`� q Tr NOTICOFJORECLOSURE SALE Bye' n1 A h �iF L r,u _� CO/�� y � r Pursuant to an order entered March 4 2014 in the Superior Court for New Hanover County and the power of sale contained in the captioned deed of trust ( Deed of Trust ) the undersigned Substitute Trustee will offer for sale at auction to the highest bidder for cash AT THE COURTHOUSE DOOR IN WILMING 1 ON NEW HANOVER COUNTY NORTH CAROLINA ON APRIL 1 2014 AT 10 00 AM the real estate and the improvements thereon encumbered by the Deed of Trust less and except any of such property released from the lien of the deed of trust prior to the date of this sale lying and being in New Hanover County North Carolina and being more particularly described as follows A Unit Ownership in real property pursuant to Chapter 47C of the General Statutes of the State of North Cdrohnd in and to Units 100 110 120 130 140 150 160 and 170 in Barefoot Square Business Condominium as the same is shown on a plat or plats thereof recorded in Condominium Plat Book 18 at Pages 148 to 149 of the New Hanover County Registry Together with an undivided interest in the common areas and facilities as described in the Declaration of Condominium of Barefoot Square Business Condominium recorded in Book 5481 at Page 2180 of the aforesaid Registry and any amendments thereto Iogether with and subject to those rights pri%ileges covenants conditions and restrictions contained in the aforementioned Declaration recorded in Book D481 at Page 2180 of the aforesaid Registry and any amendments thereto In the Trustee s sole discretion the sale may be delayed for up to one (1) hour as provided in Section 45 21 23 of the North Carolina General Statutes The record owner of the real property not more than ten day Cl hepd�t f is Barefoot Square LLC JUL 14 2014 BY -~— A five percent cash deposit or a cash deposit of $750 00 whichever is greater will be required of the last and highest bidder The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale fhe undersigned Substitute Trustee shall convey title to the property by non warranty deed This sale will be made subject to all prior liens of record if any and to all unpaid (ad valorem) taxes and special assessments if any which became a lien subsequent to the recordation of the Deed of Trust This sale will be further subject to the right if any of the United States of America to redeem the above described property for a period of 120 days following the date when the final upset bid period has run The purchaser of the property described above shall pav the Clerk s Commissions in the amount of $ 45 per $100 00 of the purchase price (up to a maximum amount of $.)00 00) required by Section 7A )08(a)(1) of the North Carolina General Statutes If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust the purchaser shall also pay to the extent applicable the land transfer tax in the amount of one percent 0 %) of the purchase pnce To the extent this sale involves residential props rty with less than fifteen (15) rental units You are hereby notified of the following a An order for possession of the property may be issued pursuant to Section 45 21 29 of the North Carolina General Statutes in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold and b Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1 2Q07 ma} after receiving the notice of sale terminate the rental agreement upon 10 days Iwritten notice to the landlord Upon termination of a rental agreement the tenant is iliable for rent due under the rental agreement prorated to the effective date of the termmahon This 4th day of March 2014 r �1 Esq 2808 Wind Bluff Circle Wilmington NCi28409 Telephone (910) 470 4120 2 ANrA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 10% 2014 Ms Dianne Wilson President Barefoot Flooring Inc 2901 Castle Hayne Rd Castle Hayne NC 28429 Mr Lee Wilson Agent Barefoot Square Business COA 2901 Castle Hayne Rd Castle Hayne NC 28429 Subject Notice of File Review/Inspection — Non Compliant Barefoot Square Permit No SW8 060909 New Hanover County Dear Ms Wilson & Mr Wilson John E Skvada III Secretary On July 10 2014 the Wilmington Regional Office of the Division of Energy Mineral and Land Resources (DEMLR) conducted a file review of Barefoot Square in New Hanover County to determine the status of compliance with the State Stormwater Management Permit Number SW8 060909 issued on January 11 2007 DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit Please find a copy of the completed form entitled Compliance Inspection Report attached to this letter which summarizes the findings of the recent inspection As indicated in the attached inspection report the following deficiencies must be resolved 1 Section II (10)(e) Approval is required for further subdivision acquisition lease or sale of all or part of the project area The project area It appears that this project was issued as a two lot project but not as a subdivision because it appears that when you obtained the permit in 2007 you owned both lots Per county property records one of the lots located at 1915 North County Drive has been transferred to Barefoot Square Business COA and then reportedly to the bank although that is not currently reflected in the property records Please submit an application to modify your permit to a subdivision The application form and directions are available on our website htto //portal ncdenr ora/web/Ir/state stormwater forms docs 2 Offsite Permit Simultaneously the owner of 1915 North County Drive will also be required to obtain an offsite permit to drain to the pond permitted under SW8 060909 Information for this application is available on the same website Please inform this Office in writing before August 11 2014 of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information or to respond to this letter by the due date may initiate enforcement action including the assessment of civil penalties of up to $25 000 per day If a written plan of action is not submitted to this office by August 11 2014 then DEMLR staff will re inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed If the project has changed its name ownership or mailing address it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes Please include the name mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form � Division of Energy Mineral and Land Resources j Land Quality Section — Wilmington Regional Office /\ 127 Cardinal Drive Extension Wilmington North Carolina 28405 (910) 796 7215 / Fax (910) 350 2004 V Wilson y 10 2014 If you have any questions please contact me at the Wilmington Regional Office telephone number (910) 96 7331 or via email at kelly p Johnson@ncdenr gov eer enc Compliance File Review/Inspection Report July 10 2014 Permit January 11 2007 Permit Summary July 10 2014 GDftP1 G \WQ\Shared\Stormwater\Perrmts & Pro/ects\2006\060909 HD\2014 07 CEI_deficient 060909 cc Georgette Scott Wilmington Regional Office Stormwater Supervisor WtRO StormwateCFde;p Page 2 of 2 Google Calendar x NHC PWk GIS Vier OF ! N County Or - Goor New Tab —r„ www.g"Iexom - New HarmaCourdy , V etax.1hCgov.com X BAREFOOT SQUARE BUSINESS COA 1915 NORTH COUNTY D. Parcel Legal 7- 7.— -E.= BA-E-x' 6:.,;„,RE SISI.E55 CC- EA .UOCI SQUARE BUSIIU 5 -0A Clty 71E WiYIYE 28.21 sales 71­TA -R•.hf.— Z`— 1. 3 RERCOT S=LARE SUSINESS =A SA-F:OCT I- ^sat z1z, a!-s SZ-RE —0A B-E'CCT I- ziso nEz. North County Dr 1915 Sale Details is owned by Barefoot Square, Business COA, previously owned by Barefoot Fl,00rirg Inc. (SWS 060909 Permittee) I -1, 19115 was so!ci but T,"', the Permit was not S7EB subdivided. SW8 060909 Summary, 7/10/14 (page 2 of 2) u MR SEA r pre _rk :mrt, s7 riawtmm�,r n.< .. ..... „,y amchu cr �vmrtt rAxcrzy❑ c�nn wf,n,,,�, n.,. +:.. ft?wh fi.x[k :v Mau v etax-mcgov.com 10 Profile PARID: R03307-001-098-000 BAREFOOT SQUARE BUSINESS COA 1915 NORTH COUNTY DR Sales Parcel Residential Commercial Alt Ir, l 120C1030 Misc. improvements Adwe 1915 NOPTH CCjNTY DR L"t P;operty P..wc Care Permits ".ry CASTLE -kAY.41E Land Zip C... '-GDH2 ValuesClass HOA-Ho—n— Ccmmor Area Agricultural L.-C Jse Cooe CAC-01NNERS ASSCCIATION CC%ltJ0N AREA Sketch Living Acres 1.1013 Full Legal zz—g 6-1-6'vJSINESS MSTRICT Exemptions Sub -parcels) Info Original Parcel into Parcel Map Legal Legal C—pticr 13ACMTTCN AREA SAPIEFOCT S--LJARE EASINESS 10 FD BAREFOOT SCL;APE BUSINESS ' CA CASTLE HAYNE State 14C f--,t,y Zip 28-29 THE DATA 15 FR3lT 2014 ► Profile Sees Reacleribal Ccmrnercuil Miac. knprouerrietNs Pe"Ifus Land Values Agricultural Sketch Full Legal Exetril Suta p rcekai Info Original Parcel Info Parcel fdap Owner Address Parcel ID Advanced PARID: R03307-OOI-047-000 BAREFOOT FLOORING INC 2901 CASTLE HAYNE RD ®` Parcel 1 of 1 At 2`.1 0 901 Aparrns 2CASTLE HAYNE RD _.._ unn P'Doeity Recora CWC ... „ins CASTLE r.AYNE Le Caae rielghaDrnacD CGOR2 _.... Class COht-Cammerdal Land L4f �DCE `•-1-+.IIme Fu'^i5tirg5-Retail Lioicg Units Apes 9e4S'E p.9649ac Zoning B-i-BllSINESS DISTRICT n^table St, m.manj Pnrtable Ve"o- Legal Sale; 'ealicati_,. c' - Legal Ceseiptia^ ,0.9eA? TRACT A BAREFO--T SCL ARE Frt.F,e^.y C''-er Tax DlsViC C:.esti:r^arc FC Owners Civner BAREFOOT FLOORING- INC City CASTLE HAVNE State NO Cacrtry Zip 2a429 THE DATA ISFROM 2014 Data Copyright Nev. Hanover County:Disdaimeri 'privacy policy-. Last Updated: July 6, 20:4 7 Site Design Copyright 2999-2014 Tvler Technlogies. All rights reserved. Ult, tort: J. 11 SuWnese Corporation Annual Rep EJ.1- V NI—b.11 I.,"h c atoll.. -.—w� of mate SOCUOM A. ReSiatamc Agolt's Information I W— .1 >qem _AVE:: I*: 2 r'191lc.mdAw fl- 3l._ A,W—, C-11 O"a klai'm kC&m Anc,"77 -A SO'Hin 5; Ninclpai OHke Infamullon I V—Pm-! NjWedsnmse 2 nxcgJl VI. N—t, 9�',: '7�---, 3 P,I—M Offi- F—il Qttrx AJ.. s, & C-O, 5 Fmna1 OH- Nano, -101 'A_'71,.6. ',OPE G :A:AE h,'Y',E KC Sadilnr- Cerfffickton OfArin-I Report "—j— "I Ow Ov a teem AWW'WS-1- C 01 waardor 9-- r Barefoot Flooring 2901 Castle Hayne Rd Castle Hayne, NC 28429 President: Dianne Wilson ,g New Haromw County - Googk ,... � Av :%Nmw ...: etax.nhcgov.com PARID. R03307-001-09R-000 BAREFOOT SQUARE BUSINESS COA 1915 NORTH COUNII D0. Parcel ! talked t0 Stephcn NIX, 9 ' Anlc ?z !Gs. ma. o00 ACP.eu II"W'vRT«G;, pNTY GP �t pot2.^ tltial isuyer or �*s � ,! ffiry ZASTLE HaI=NE on 7/10/14. HF saaA V a' the 21, C�Ce bank actually own; this aPH oA nme�rezo�mArARP parcel now. L ,n ARP ccnc OA^w^wNERs Assc-!AT!DN=T'TMC% A -EA L-11 .mn Aacs +rcota 2omrtp &+BCS'.NESS DIS'RICT M ts9n QYPC'4110.' ..uAi CCrtue'ciY AREA EA.LP^07 $QL'ARE BUSINESS CGNCC (iwa9fa _. _. Cn^er BARE�C..T SCARE BL,SI!YEss CCA 'ay :AETLE «A rYE s.:P vc C.,t" z:C zaA s 7y CATA.'FRDUh:C-{ Sales _ 5P!e DPte sPle Pos Granlae G'P-I-- 8'+>• FPGe ss!e oey Z7 APR-10 BAREF0. T SCL'ARE BUSINESS CCA BAREFCCT FLC�!NG I?Z Ssar zlzl a51Effi ICAPP, is EAREcOCT SCLARE BGSlNESS=A EAREACCT SCLARE u- IV zlru aa.Cae!. Sale Details + ez SP!e CPre :T.aPR.+p Sale Key pi+S2'_ SPIe PnR 6rP^tee EAPFV=T SC'_A:E ECSINEES CGA GePn!a EARE"ac-:L- NG!Nc SPIe S6urryP Page Sele'Jallni(Y 6-Unpwllfiec SWT," IRIPROVEC S.I. G" STEB mnr mem P 11W,1e11 T,. 'flarzer!j Deen ' 176469134XV - NdoW Pmder t* ..,.. '.... F... .... '_........ ......' . .. ..... _....... uu its �i ° is File Edit View Window Help ■ My Ries ' �' t i f 1 1 a + 130% Q i ram. Tools i Sign Comment be distributable to its members, directors, officers, or any other individuals, e Association shall be authorized and empowered to pay reasonable compensation fors €sarefoot square Business COA: rendered, and other than by acquiring, constructing, or providing management, mai Artic es of Incorporation Show care of association property, and other than by a rebate of excess membershi that t_ee Wilson (SW8 060909 assessments. It is intended that the Association will qualify at all times as an org za per ritee} is the agert for the elect to be taxed under Section 528 of the Code. COA, No President or v0 are listed in this 2009 document. 7. Dissolution: In the event of dissolution of the Associati , any net assets remaining after the satisfaction of the Association's liabilities shall be transfe and delivered to one (1 ) or more public agencies that are exempt from state and federal t on, as shall be selected by the Board of Directors of the Association, and su/satisfacti are to be sed for purposes similar to those for which this Association was created. In tthat ch transfer and delivery is refused acceptance, any net assets remaining as of tcti of the Association's liabilities shall be transferredand delivered to one or more orgas shall be selected by the Board of Directors of the Association, that are organized generarposes similar or related to those set forth in Article 4 hereof, as long as any such organizempt from tax pursuant to Section 501 of the Code or has elected to be taxed under Sectiothe Code. 8. Registered Office and Agent: The street address of the initial registered office of the Association is 2901 Castle Hayne Road, Castle Hayne, North Carolina 28429 (.New Hanover County); the mailing address of the initial registered office of the Association is 2901 Castle Hayne Road, Castle Hayne, North Carolina 28429, and the name of the initial registered agent at such address is Lee Wilson. 9. Incorporator: The name and address of the incorporator is: Joseph C. Heame, II, 265 Racine Drive, Suite 104, Wilmington, North Carolina 28403. -3- Googie Calendar x. , .:. NHC Public GA Vie.... x w _ ' N Dr - C,00(• x maps.nhcgov.com NHC Public GIS Viewer 9 13130131213 Switch BesemaP '+Ym ' Qusry • Measure Drxa 6port eo POF - Htlp - a m n a i _.. NORT COUNT DR _... \ ryy: I .a e Z g n ryb I • -�X J maps? 77ov.commewer MM Googse Caiendar x _. NHC Public G15 Vie'. x �?N Dr-Gaay. x Nen• iab x E C maps nhcgov.com r Compliance Inspection Report Permit SW8060909 Effective 01/11/07 Expiration 01/11/21 Project Barefoot Square Owner James L Wilson County New Hanover Adress 2901 Castle Hayne Rd Region Wilmington City/State/Zip Castle Hayne NC 28429 Contact Person James L Wilson Title Phone 910 264 1005 Directions to Protect From 1 140 west turn left onto NC 133 Castle Hayne Road Travel south for 1 48 miles turn right oto North County Drive Site is on the right Type of Protect State Stormwater HD Detention Pond Dram Areas 1 (Ness Creek) (03 06 23 ) ( C Sw) On -Site Representatives) Related Permits Inspection Date 04/1012014 Entry Time 08 OOAM Primary Inspector Kelly Johnson Secondary Inspector(s) Reason for inspection Routine Permit Inspection Type State Stonmwater Facility Status ❑ Compliant Not Compliant Question Areas State Stormwater (See attachment summary) Exit Time 10 OOAM Phone 910 796 7331 Inspection Type Compliance Evaluation page 1 Pe m t SWO060909 0wne P q ct J me L Wlw I sp cto Date 04/10/2014 1 p t Typ C mpl ceE I at R f V it R t e File Review Y N NA NE Is the permit active? ❑ ❑ ❑ Signed copy of the Engineers certification is in the file? ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the filev 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file9 ❑ 1:10 ❑ Comment Flle Review Only A potential buyer for 1915 North County Dr had questions about this permit This file review documents the findings from the file review to answer his questions SWB 060909 is not a subdivided permit because the owner owned both lots at the time He transferred one to a COA (1915/13arefoot Square) That lot is now bank owned SW8 060909 needs to be subdivided, and an offsite permit for 1915 North County Or needs to be obtained page 2 rfw � 0 (0 ()CI 0 9 Georgette Stephen Nix (616 0022) is a potential buyer of property at 1915 North County Drive Castle Hayne I tried to locate the file for him to review and he came in and reviewed the attached (SW8 050431) but verified it is NOT the correct file He says it is the other building which is behind this building (attached file) that he is interested in buying and says the property line goes through the middle of the retention pond I told him I was unable to help him further but would let the Stormwater supervisor know and perhaps the site could be inspected to see what is going on — if it is even a permitted site etc I wasn t sure what else to do in this case Thx 10 c�v%A5 t �0�3 r 0(90Q ' Date Filed 3/21/2014 11 59 00 AM CD-479 (50) Business Corporation Annual Repo Elaine F Marshall 10 22413 North Carolina Secretary of State Name of Business Corporation gAR _r_nntrarTrnrnn-1are�rxms Secretary of State ID 2116990 State of Formation NORTH CAR Fiscal Year Ending 12/31/2013 I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55 16 22) has not changed and is therefore complete Section A Registered Agent s Information 1 Name of Registered Agent JAMES L WILSON 2 Signature of the New Registered Agent (Sp 1 re rartsiCul co I a ih appon ma t) 3 Registered Office Street Address & County 4 Registered Office Mailing Address 2901 CASTLE HAYNE RD 2901 CASTLE HAYNE RD CASTLE PAYNE NC28429 NEW HANOVER CASTLE HAYNE NC28429 NEW HANOVER Section B Principal Office Information 1 Description of Nature of Business FLOORING SALES & INSTALLATION 2 Principal Office Phone Number (910) 772-1735 3 Principal Office Email 4 Principal Office Street Address & County 2902 CASTLE HAYNE RD CASTLE HAYNE NC28429 Section C Officers (Enter add tional Officers in Section E ) Name yso Name Title Title Address 1713 N COUNTY DR Address CASTLE HAYNE NC28429 5 Pr ncipal Office Mailing Address 2901 CASTLE HAYNE RD CASTLE HAYNE NC28429 Name Title Address Section D Certification of Annual Report Section D must be completed in its entiretyand signed by a person listed under Section C or a person signing for an entity listed under Section C 4-� r n , y / Sg 1 (F min Icesgnec by T" I apw W ) DIANNE P WILSON Pml Typ N.MOtlim D N PRESIDENT Tw fi NCCZOW 1V11113 14 D t F l d 10/06/2008 •cB,9s(sa) Business Corporation North Carolina Annul N rth C 1 1 FsM th u fSt t 8 2107 2008 302 00444 Ts s p rt may be f I d o i f th Sec et ry of Scat eb t vrww cos e c m Nam of Bus ass Co Do to FIRST COMMUNITY BANK NA F al Y E it g 12 31 07 Slate of I corpo at on WEST VIRGINIA Scofry tSttoIDNumbe 0499212 Q I In by rt ty th 1 th to m t q sled b to ( eq it by NCGS 55 16 22) he t cha g d s th m I ece fly fled n at sport d the of re complete Natu of B s ness BANK Reg ste ed Agent J DANIEL HARDY JR Reg stated Office Me ling Add ass 57 N MAIN STREET SPARTA NC 28675 Cou ty, C A" Slat ZIP C de ALLEGHANY R g I d00 St IAdd 57 N MAIN STREET Co N Cy State ZIP Code SPARTA NC 28675 S g at of Ne Reg to ed Ag C ( Gn w con en ep w) P crpal Off Teleph e N mb 276 326 9000 P nc pal Off ce Mall ng Add ess BLUEFIELD VA Cty Slat ZIP d P p IOtt St tAdd BLUEFIELD VA Cty State ZIP Code 1m , T tie, and Business Add ess of PrinC pal Off cers No e T tl ROBERT BUZZO PRESIDENT Add es P 0 BOX 989 BLUEFIELD VA 24605 C ty Slat ZIP N m TO JOHN MENDEZ EXEC VICE PRESIDENT Add s P 0 BOX 989 BLUEFIELD VA 24605 C ty Slat ZIP Nm E STEPHEN LILLY Add s P 0 BOX 989 05 Ce fit all Of K001101 fiYK pleted ( C rp to ) ` pru mu y� an w w w f" T lie SENIOR VICE PRES & C00 r � D 478(99) Attachment for Additional 7 01 Principal Officers le h d F m CC 4791Y IN me fCoo t FIRST COMMUNITY BANK NA FEIN 550118830 Name JANICE K MILLER Ttl SENIOR VP MARKETING Add P 0 BOX 989 BLUEFIELD VA 24605 CIN St to ZIP N a JASON BETtl VP FINANCE TAX DIRECTOR BOX Add es P O BOX 989 9 BLUEFIELD VA 24605 C ty St t ZIP NameROBERT SCHUMACHER Ttl SENIOR VP GENERAL COUNS Add e P 0 BOX 989 BLUEFIELD VA 24605 C ty St t N me JOHN SPRACHER Add P 0 BOX 989 Ttl SENIOR BLUEFIELD VA 24605 CM St t N me SAMUEL ELMORE Tnle VP AND Add P 0 BOX 989 BLUEFIELD VA 24605 C ty State Nam MARTYN PELL Ttl VP C Add P 0 BOX 989 BLUEFIELD VA 24605 C IV Nam STEVEN LAYFI St t CREDIT OFF DIVISION ELD Ttle EXEC VP & SR TRUST OFF Add ass P 0 BOX 989 BLUEFIELD VA 24605 Ctv Na DAVID BROWN Stat ZIP Add P 0 BOX 989 Till CHIEF FINANCIAL OFFICEI BLUEFIELD VA 24605 C a N m St t ZIP Add a Ttle C ty Nam Sl t ZIP Add es T tl C ty, N e St to Zlp Add a T Ile C ty N me St t ZIP Add Ttl CN Nam St t ZIP Add T tl City N m St t ZIP Add Ttl Re Ba f of Sq SW8 060909 Subject Re Barefoot Square SW8 060909 From Linda Lewis <lmda lewis@ncmail net> Date Tue 27 Mar 2007 12 11 33 0400 To Jonathan W Ham <Jonathan tnppeng@ec rr com> Jon th n If you go ng to b ch ng ng th of th pond or the lev t on of the t mpo y pool th n p rm t mod f t on s nece ry A mpl plan r v s on won t b po bl No cal ulat on w n lud d w th the r v s d plan L nda Jon th n W Ham wrot Linda I apologize for any confusion on my plan revision submittals For Barefoot Square no impervious area changed the pond simply got bigger and shifted in response to a new septic system required by New Hanover County The state flood pool actually was able to drop a few tenths but the normal pool and top of bank remain the same If no calculations were included in that submittal (I had them redone signed and sealed but the new assistant here may not have sent them) then I will send them along Please let me know if there are any further questions and again I apologize for any confusion I have created Thanks Jonathan Jonathan W Ham E I Civil Engineering Tripp Engineering P C Office (910) 763 5100 Fax (910) 763 5631 NOTICE This electronic correspondence and all attachments may contain privileged information intended only for the use of the addressee Any information contained within this correspondence is provided for your convenience No assertion of accuracy is made by Tripp Engineering P C unless physical documents are obtained sealed AND signed User I f 2 3/27/2007 12 18 PM Re BarefootSq SW8060909 assumes all responsibility for use of this digital information Original Message From Linda Lewis [mailto linda lewis@ncmail net] Sent Tuesday March 27 2007 10 17 AM To Jonathan Ham Cc Phil Tripp Subject Barefoot Square SW8 060909 Jonathan I received 2 sets of revised plans for the subject project on March 15 2007 Can you please enlighten me on the changes that are being proposed We deal with hundreds of submittals of one kind or another every month so whenever you submit correspondence to the Division please include the project number to avoid delays and confusion Additionally for plan revisions it is most helpful if you include a cover letter explaining what the changes are Thanks Linda 2 f 2 3/27/2007 12 18 PM Job No 06071 Date 03/15/07 TRIPP ENGINEERING, P C 419 Chestnut Street Wilmington NC 28401 Phone (910) 763 5100 FAX (910) 763 5631 Email tnppeng@ec rr com LETTER OF TRANSMITTAL To NCDENR Attention Linda Lewis Subject Barefoot Square FAX TRANSMITTAL NUMBER OF PAGES INCLUDES COVER I am sending you ( X ) ATTACHED ( ) UNDER SEPARATE COVER ( X ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other Conies Item No Description 1 C1 Site Plan 1 C3 Details and Notes These are transmitted as checked below ( X ) For Approval ( ) For Your Use ( ) Sign & Return ( X ) Review Remarks Revised plans for your files cc y MAR 1 5 2007 I Signed Jonathan Ham