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HomeMy WebLinkAboutSW8910405_HISTORICAL FILE_20131002STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q I Q+ O 5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS M, HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2013 to 02 YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director October 2, 2013 Ann Brown, Manager P&S Alpha, LLC 165 Vision Drive Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 910405 Permit Transfer, Renewal and Correction P & S Alpha, LLC Project High Density Commercial Project w/Outparcel New Hanover County Dear Ms. Brown: Pat McCrory, Governor John E. Skvarla, III, Secretary Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On July 16, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form under SL 2011-256, for the subject project. A file review and site inspection was performed on July 25, 2013 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 910405 has been corrected, renewed and transferred on October 2, 2013. This permit was corrected and updated as follows: 1. This permit became the "master" permit for the stormwater BMP which treats the runoff from the main tract (P&S Alpha, LLC) and the outparcel approved under SW8 960504. 2. Removed the requirement to record a deed restriction limiting the BUA on the outparcel in light of the fact that the outparcel has received a separate offsite permit (SW8 960504), which limits the BUA on the outparcel to 47,916 sf. 3. Added an expiration date (October 2, 2021) and a requirement to submit an application to renew the permit 180 days before the expiration date. This permit had been allowed to expire and was not in effect at the time the permit extension acts were implemented, so it does not qualify for any extensions of the expiration date. Additionally, the outparcel permit was incorrectly issued to Cross Seed Company as a high density permit modification in 1996 instead of an offsite permit. The permit to modify should have been SW8 910405, which would have resulted in the addition of an expiration date at that time. 4. Added updated language regarding the conditions under which the permittee must provide a completed Name/Ownership Change form. This permit shall be effective from the date of issuance until October 2, 2021. This permit was not in effect at the time the permit extension acts were implemented, so it does not qualify for any extensions of the expiration date. Please find enclosed a copy of the corrected and updated permit, a copy of the inspection report, and a copy of the Name/Ownership Change form. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 1 Fax: (910) 350-2004 State Stormwater Management Systems Permit No. SW8 910405 This permit is subject to the conditions and limitations as specified herein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 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 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7343. Sin rely, . Tracy Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:IShared\WQ\StonnwateAPermits & Projects119911910405 HM2013 10permit910405 cc: Wilmington Regional Office Stormwater File Page 2 of 7 State Stormwater Management Systems Permit No. SW8 910405 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 P&S Alpha, LLC P&S Alpha, LLC 6101 Market Street, 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 (hereafter 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 October 2, 2021, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.3 of this permit. The stormwater control has been designed to handle the runoff from a total of 160,206 square feet of impervious area. This includes 112,290 sf for the main project and 47,916 sf for the outpacel. 3. The following design criteria have been approved for the permitted wet detention pond, and must be maintained at design condition: a. Drainage Area: b. Total Impervious Surfaces Allowed: Onsite (P&S Alpha, LLC) Outparcel (SW8 960504) c. Pond Design Depth: d. Permanent Pool Elevation: e. Provided Surface Area: f. Provided Storage Volume: g. Temporary Pool Elevation: h. Controlling Orifice: i. Receiving Stream / River Basin: j. Stream Classification: 239,580 sf (5.5 acres) 160,206 square feet 112,290 47,916 square feet 6 feet 35.6 MSL 9,032 square feet 15,796 cubic feet 37.2 MSL 1.875" 0 pipe Smith Creek / CPF "C Sw" Page 3 of 7 State Stormwater Management Systems Permit No. SW8 910405 4. No property owner/developer shall fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The wet pond shall receive the runoff from no more than the permitted amount of built -upon area indicated in the supporting calculations and as shown on the approved plans. 6. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 7. The following items will require a modification to the permit and issuance prior to any constuction : a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. c. Further subdivision of the project area. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 8. The Director may determine that other revisions to the project should require a modification to the permit. 9. 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. II. SCHEDULE OF COMPLIANCE The permittee shall construct, operate and maintain the approved stormwater management system as permitted. The system must be vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. a. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 910405 5. The facilities must be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 7. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 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 Director 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 project 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 Homeowner's or Property Owner's 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. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, 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. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. The permittee shall submit a permit renewal application and fee at least 180 days prior to the expiration date of this permit. Page 5 of 7 State Stormwater Management Systems Permit No. SW8 910405 Permit corrected, transferred, renewed and reissued this the 2nd day of October 2013. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 910405 Page 6 of 7 DETENTION POND ANALYSIS FILE NAME: G:\shared\WQ\Permits & Projects\1 991 \910405 HD\2013 10 excel_WP 910405 PROJECT #: SW8 910405 REVIEWEF arl PROJECT NAME: Cross Seed Company DATE: 01-Oct-13 Drainage Basin: Smith Creek Class: C SW Chlorides: n/a Site Area 239580 square feet Drainage Area 239580 square feet Area in Acres 5.5 acres IMPERVIOUS AREA Onsite 910405 Concrete Outparcel TOTAL % IMPERVIOUS 66.87% SURFACE AREA CALCULATION SA/DA Req. SA Prov. SA VOLUME CALCULATION Green Bottom Perm. Pool Design Pool Design SA Req. Volume Prov. Volume ORIFICE CALCULATION Runoff Coefficient 112290 1 0 0.95 47916 0.95 160206 square feet Pond Depth: Adjusted SA 112290 Adjusted SA 0 Adjusted SA 45520.2 TOTAL 157810.2 6 TSS: 90 3.743% 8968.62 square feet 9032 square feet [From plan Contours] 93907 square feet 29.6 MSL 35.6 MSL 37.2 MSL 10714 square feet [From plan Contours] 13013.7 cubic feet Rv= 0.6518257 15796.8 cubic feet Avg. Head = 0.7609375 ft Flow Q2, cfs 0.09141667 Area, in' 3.134146 Dia 2, inches 1.997628 Flow Q5, cfs 0.03656667 Area, in' 1.253658 Dia 5, inches 1.263411 Engineer uses 1.875 Inches Area = 2.7611654 in' Q, cfs = 0.0805376 Drawdown : 2.2701616 days COMMENTS Surface Area, Volume, and Orifice are within Design Guidelines. State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number:_.,, 2. Project Name: t'r05.5 Seed Ca{�p2nq 3. Current Permit Holder's Compan Name/Organiization: 4. Signing Official's Name: SesSlo _ I :_Torn 22 _ 5. Mailing Address: 340 -Hefirh Ws4ltP-.s Or. City: (,U f I kr) 14 fi.)e J State: NC_ Zip: 6. Phone: () _ ? Fax: ( ) 2 Z34 12 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization:: P�,�S "�� 2 C u _('. 2. Proposed permittee's signing official's name: ._Ain I,VI I�yt7on 3. Proposed permittee's title: —map O l(k Mailing Address:I V'�) �J JSJ Or) JYJ1!4?, City: W1 t V . �1_ State: Phone: () 33_I V 0j -1 Q �i W� j Fax: (�{ 5. New Project Name to be placed on permit: v v _Zip: 2.5Lqvg —� Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on or page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) rzc,p le ��L"U SSW N/O Change Rev24Sept2012 Page 1 of 4 JUL 1�p13 34 , Z5244Co - -", b'5 Z0?Z 1 16 2013 r� 111. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement. ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. PQ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit, I, d/Yt Nuf7Z/�' the current permittee, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature:.. NO� 6/2r/0b1e re_fv' sus Ia s��h /bate: �2U//- 25 & T day of forgoing instrument. Witness re County a Notary Public for the State of do hereby certify that personally appeared before me this the 20—, and acknowledge the due execution of the and official seal, SSW N/O Change Rev24Sept2012 Page 2 of 4 (Notary Seal) JUL 16 2013 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, � n n gvo W (I , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) [v�the most recent permit I the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements [rj the DWQ approved plans and/or approved as -built plans (;-the approved operation and maintenance agreement ❑ past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 9p days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are no included, this alpplication package will be returned as incomplete. ,�,` Signature: A- �.- Date: V 3 a Notary Public for the State of N0rAY)CbV-0klnG County of. Mee ga ,nt9P,V' , do hereby certify that 0-nr% Ny2x.On personally appeared before me this the I U-h day of ±L�L� 20 ,and acknowledge the4iwe` 5 6'�Utiq of the for oing instrument. Witnm hand and official seal, ' s (Notary Sel) otary Signature `s<ic '14 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. Ki ,sWE UL 1 6 2013 SSW N/O Change Rev24Sept2012 Page 3 of 4 BV:_----__ VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is nct the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: State: (if different from street address) City: State Phone: Fax: Email: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWO Stormwater permit. As the properly owner, it is my responsibility to notify DWO by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner day of County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 (Notary Seal) RMF--= c F- I VE JUL 16 2013 BY:-------- Date Filed: 4/30/2008 12:07:00 PM Elaine F. Marshall North Carolina Steretary of State C200811401449 ARTICLES OF ORGANIZATION OF P & S ALPHA, LLC Pursuant to 57C-2-20 of the General Statutes of North Carolina, the undersigned hereby submits these Articles of Organization for the purpose of forming a Limited Liability Company. I . The name of the Limited Liability Company is P & S ALPHA, LLC. 2. There shall be no limit to the duration of the limited liability company. 3. The name and address ofeachorganizgrexecuting the Articles ofOrganizationisasfollows: James A. MacDonald 1508 Military Cutoff Road Suite 102 Wilmington, N.C. 28403 4. The street address and county of the initial Registered Office of the Limited Liability Company is 165 Vision Drive, Wilmington, New Hanover County, North Carolina 28403. 5. The mailing address if different from the street address of the initial Registered Office is: 165 Vision Drive, Wilmington, New Hanover County, North Carolina 28403. 6. The name of the initial Registered Agent is Ann S. Brown. 7. The street address and county of the principal office of the limited liability company is 6 10 1 A Market Street, Wilmington, New Hanover County, North Carolina 28403. The mailing address and county of the principal office of the limited liability company is 6101A Market Street, Wilmington, New Hanover County, North Carolina 28403. R. Check one of the following: _ Member -managed LLC: all of the members by virtue of their status as members shall be managers of this Limited Liability Company. X Manager -managed LLC: except as provided by NCGS §57C3-20(a), the members of this Limited Liability Company shall not be managers by virtue of their status as members. These Articles will be effective upon filing. This the day of April, 2008. K (SEAL) j es A. MacDonald, rganizer 11-IV JUL 16 2013 Lewis,Linda From: Lewis, Linda Sent: Monday, July 01, 2013 11:39 AM To: 'Ann Brown (ann@speckids.com)' Cc: 'karen@pawbeachpetresort.com' Subject: Link to Name/Ownership Change Form (Old Cross Seed project) Contacts: Ann Brown Ms. Brown and Ms. Simmons Thank you both so much for responding so quickly. Your helpfulness is very much appreciated. This is the link to the Name/Ownership Change Form: http://Portal.ncdenr.or-q/web/wq/ws/su/statesw Once there, click on the Forms and Documents link, then on the small blue index tab labeled "Miscellaneous'. The form you want will be the first one in that list. You will each complete and sign a separate form. Please complete and sign this form, and send it back to me. You only need to complete the first two pages as the "Proposed Permittee". In the space for the "Current Permittee" to sign, please just indicate "N/A per Session Law". I don't have the number, but I can add it later. Ms. Brown, your permit number will be the older one, the SW8 910405 permit number. Ms. Simmons, the outparcel permit number is SW8 960504. In your case, the permit we issue will be an "offsite" permit, where the runoff from the outparcel's built -upon areas is approved to be treated in a permitted offsite Best Management Practice (the 910405 pond). The two of you should reach agreement regarding the shared maintenance costs. Upon receipt of the document, the Division will conduct a compliance inspection and will work with you in resolving any deficiencies that are found. If you need a copy of the approved plans, we can make arrangements to meet you at the local Allways Graphics store on Racine Drive where a copy of the plans can be made at your expense. If you already have an account with Allways Graphics, our permit coordinator can take the plans there to be digitally copied, saved and emailed to you with the expense added to your account. Alternatively, you can contact the previous permittee, Mr. Thomas Nunalee, to obtain the original approved plan that was sent to him with his permit. Thank you again for your prompt attention to this matter. If either of you have any questions, I can be reached directly at 910-796-7343 or via email. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 (main receptionist) 910-796-7343 (direct office line) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Tom & Linda Nunalee [tnunalee@ec.rr.comj Sent: Thursday, June 13, 2013 9:18 AM To: Lewis,Linda Subject: Your letter of June 7, 2013 Dear Ms. Lewis, I have not been with Cross Seed Company since 9-9-99, and thus have had no control over the business and property decisions. The Jeffreys Seed Company, Goldsboro, parent company of Cross wanted to buy out my minority shares, and this took place in 2000. My understanding is that Cross Seed Company business no longer exists. I think all the Jeffreys family live in Goldsboro. Their lawyer we dwelt with was Mr. Lindsay C. Warren, Jr. with Warren, Kerr, Walston, Hollowell, & Taylor at 117 Ormond Avenue, Goldsboro, NC. This is about all the information I can supply, but if you have further questions of me I am at this email, my same home address, and my phone number is 910-791-4152. Sincerely yours, Thomas H. Nunalee, III NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director June 7, 2013 Thomas H. Nunalee, III, President Cross Seed Company, Inc.(merged) c/o 340 Henry H. Walters Drive Wilmington, NC 28412 Subject: Permit Renewal Request / Permit Transfer Request Stormwater Permit Nos. SW8 910405 and SW8 960504 Cross Seed Company New Hanover County Dear Mr. Nunalee: John E. Skvarla, III Secretary The Division's records indicate that the subject permits were issued to you on June 4, 1991 and June 3, 1996, respectively. The SW8 960504 permit has expired as of June 3, 2006, and has not been renewed. Additional DWQ file review and research indicates that Cross Seed Company merged with Ja-Lo Corporation in June, 2002 and formed Jeffreys Seed Company, which was subsequently administratively dissolved by the Secretary of State on December 15, 2010. Please be advised that the dissolution of the corporate entity Is considered an ownership change and that the permit is not transferable to any person or entity until such time as the permittee submits a completed and signed Name/Ownership Change form to the Division and the Director approves. It was your responsibility as the permittee of record to document the company name change to Jeffreys Seed Company. Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may not carry on any business except those acts necessary to wind up and liquidate its business and affairs. As the original permittee of record, you remain the responsible party for completing, signing and submitting the necessary documents to renew and transfer the permit to the new property owner. Please be aware that the stormwater permits cannot be transferred to a new Owner until the stormwater system is determined to be in compliance with all the conditions of the permit. This includes, but is not limited to, the submittal of a designer's certificate that ensures the system is built in accordance with the approved plans and that the permitted BMP is being operated and maintained properly. The site and the BMP must be in compliance with the permit in order to approve a request to transfer the permit to the new owner. Once the permit is transferred to the new owner, they may modify it as needed to reflect the current built -out condition. The property currently covered by these permits has apparently been split into two parcels, each owned by a different company. The SW8 910405 permit Is the "Master" permit which covers the pond, the development of the rear tract and the assigned maximum BUA allocation to the front outparcel. Per a search of the New Hanover County Tax records website, the rear tract at 6101-A Market Street is now owned by Ann S. Brown and P&S Alpha, LLC. The front outparcel at 6101-B Market Street is now owned by Karen Simmons and Pathfinder Business Analysis, LLC. Some type of maintenance cost -sharing agreement will need to be negotiated between the owner of the pond tract and the owner of the outlparcel tract as they both benefit from the pond to treat their stormwater runoff. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910350-20041 DENR Assistance: 1.877-623-6748 Internet: www,ncwaterquality.org ne or Carolina NNaturally An Equal Opportunity 1Afirmall" Acton Employer Mr. Nunalee June 7, 2013 Stormwater Permit Nos. SW8 910405 and SW8 960504 Neither of these owners currently hold a state stormwater permit, therefore, both are in violation of NCGS 143-215.1 for discharging to waters of the state without a valid permit. By copy of this letter to Ms. Simmons and Ms. Brown, the Division is making both of them aware that the operation of a stormwater treatment facility without a valid permit is a violation of NCGS 143- 215.1, punishable by appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day. In summary, the following checked information is needed to facilitate the transfer of these permits to the current property owners: ® A signed Name/Ownership Change Form for each permit. The enclosed Name/Ownership Change Form must be signed by both the current Permittee (you) and the new owner. ® A determination by the Division that the project is in compliance with the permit. Please call to schedule the compliance inspection. If you do not sign the Name/Ownership Change Form, and/or if the new owners do not sign the form, then the new owners will be required to apply for a new permit. A new permit may require that the pond be redesigned to meet current standards. This may result in the need for additional surface area and/or depth and the installation of a forebay. It is to the benefit of all parties if the transfer form is signed by all parties in a timely manner. The requested information should be received by this Office prior to July 7, 2013. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. Please include the appropriate documentation as checked above with the signed permit transfer request. Please reference the State assigned permit number on all correspondence. Any documents that need to be signed must be provided to the Division with an original signature. Photocopied signatures are not acceptable. Failure to respond to this written request and failure to provide the requested documents are violations of the permit and NCGS 143-215. Failure to respond may result in both permits being inactivated and new permits being issued to the current owners. Please note that applying for a new permit will require the submission of a complete application and appropriate fee. If you have any questions concerning this matter please feel free to contact me at (910) 796-7343 or via email at Iinda.lewisa-ncdenr.aov Sincerely yours, Linda Lewis Environmental Engineer III Enc: Name / Ownership Change Form GDS/arl: &=S1Stormwater Permits & Projects11996 \960504 HD12013 06req_ren 960504 cc: Ann S. Brown, P&S Alpha, LLC Karen A. Simmons, Pathfinder Business Analysis, LLC Rob Gordon, City of Wilmington Stormwater WiRO Stormwater File Page 2 of 2 New Hanover County Page I of 1 5(c) ? q/01-'o5 PARID: R05006-002-019-000 P & S ALPHA LLC Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 6101 MARKET ST 314811.65.5750.000 6101 MARKET ST WILMINGTON CFBM2 IND-Industrial 655-Construction Contracting 3.6197 1-1-INDUSTRIAL DISTRICT (3.62 ACRES) N PT TR 2R 6023 MARKET STREET RECOMBINATION FD P & S ALPHA LLC WILMINGTON NC 28403 THE DATA IS FROM 2013 http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R05006-002-019-000&gsp=PROFILE... 5/3/2013 New Hanover County Page 1 of 1 New Hanover County Profile Sales Residential Commercial Misc. Improvements Permits Land Values Agricultural Sketch Full Legal Exemptions Sub-parcel(B) Info Original Parcel Info Forest Map PARID: R03006-002-019-000 P A S ALPHA LLC I CONTACT US I HELP NNC Tea Home > Regrets, of Della Home Home Property Recalls Owner Address Parcel 10 Advanced Ust GIS Data Update: 2-May-2at2 6101 MARKET ST CURRENT RECORD N ;1 6 0f 7.-1 E H Data Copyright New Hanover County [Disclaimer] [Privacy Policy] Last Updated: 28 Apr 2013 7 Site Design Copyright 1999-2013 Tyler Technlagles. All rights reserved. http://ctax.nhcgov.com/Forms/MapDatalet.aspx?slndex=2&idx=6&LMparent=20 5/3/2013 North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARYOt= STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 5/3/2013 Click here to: View Document Filings I File an Annual Report I J Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report I Corporation Names Name Name Type NC P & S ALPHA, LLC LEGAL Limited Liability Company Information SOSID: 1041001 Status: Current -Active Effective Date: 4/30/2008 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BROWN, ANN SAUCIER Office Address: 165 VISION DRIVE WILMINGTON NC 28403 Mailing Address: 165 VISION DRIVE WILMINGTON NC 28403 Principal Office Office Address: 6101 A MARKET STREET WILMINGTON NC 28403 Mailing Address: 165 VISION DRIVE WILMINGTON NC 28403 Officers Title: MANAGER Name: ANN S BROWN Business Address: 1043 HEADWATER COVE LANE WILMINGTON NC 28403 Title: MEMBER Name: RONALD E SAUCIER, JR. Business Address: 450 SAUCIER WAY WILMINGTON NC 28405 Title: MEMBER Name: RONALD E. SAUCIER Business Address: 451 SAUCIER WAY WILMINGTON NC 28405 This website is provided to the public as a part of the Secretary of Slate Knowledge Base (SOSKB) system. Version: 496 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=8798689 5/3/2013 CA201207401473 NAME OF LIMITED LIABILITY Date Filed: 3/14/2012 4:35:00 PM LIMITED LIABILITY COMPANY ANNUAL R Elaine F. Marshall North Carolina Secretary of State SECRETARY OF STATE ID NUMBER: REPORT FOR THE YEAR: 2011 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: STATE OF FORMATION: NC 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIWTURE CONSTITUTES CONSENT TO THE MoMINTMENT 3. REGISTERED OFFICE STREET ADDRESS B COUNTY 4. REGISTERED OFFICE MAILING ADDRESS SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: 2. PRINCIPAL OFFICE PHONE NUMBER: 3. PRINCIPAL OFFICE EMAIL: 4, PRINCIPAL OFFICE STREET ADDRESS B COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS SECTION C: MANAGERS/MEMBERS/ORGANIZERS (Enter additional Managem/Members/Organizers in Section E.) NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECazx= Section O moat be completed In Ne entirety by a peraontbusiness entity. 2) INIC slO TUBE DATE F. oo�a b0 Wgw by•MtnWwWoo,br IIYaE unar S ion C 0f NIA W, Pm ri IS 13 / I/VN, t MANAGER/MEMBER Rlnt r Tyq Nrn. of Mr&WINI nbM TrrE SUBMn THIS PNNUN REPORT VVnW THE REQUIRED FILING FEE OF$2W 12-120--111 MAIL TO: agriy of StM CaP"M . OM.Ior, Put Of So. 20626, R.W h, NC 27W"326 nWfQ 01Ib0 U0s Only Qee.xny0.,r E-Piled Annual Rclx)rl yy'-1-0-8798689 LIMITED LIABILITY COMPANY For year2009 ANNUAL REPORT Do not data enter manually, NAME OF LIMITED LIABILITY COMPANY: P Rr SA1pha, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 1041001 NATURE OP BUSINESS: Rental REGISTERED AGENT: Brown, Ann Saucier REGISTERED OFPICI MAILING ADDRI?SS: 165 Vision Drive lilmington, AC 28403 REGISTERED OFPICIi S"IRfiGf ADDR1iSS: 165 Vision Drive Wilnington, NC 28403 Arew Hanover County PRINCIPAL OFFICE TBLEPHONE NUMBER: 910-350-1497 PRINCIPAL OFFICE MAILING ADDRESS: 165 Vision Drive Wilmington, NC 28403 PRINCIPAL OFFICE' STREET ADDRESS: 6101 A Market Street Wilmington, NC 28403 MANACil'sRS/MI?M13ER S/ORGANIZERS: Name: Ann S Brown Nanne: Ronald E Saucier, Jr. Nanne: Ronald E. Saucier Title.• A4anager Tide: Mennber Tide: Member Address: Address: Address: 1043 llewlwater Cove Lyme 450 Saucier {Vary 451 Saucier Wary Wilmington, NC 28403 Wilmington, NC 28405 Wilmington, NC 28405 CERTIFICATION OP ANNUAL REPORT MUST BE COM13LETE'D 13Y ALL LIMITED LIABILITY COMPANIES Ann Broan oan snoo9 FORM MUST fit; SIGNED BY A MANAGER/MEMBER DATE Ann Brown Manager TYPE OR PRINT NAME: TYPE OR PRINT TITLE: ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 New Hanover County Page 1 of 1 PARID: R06605-009-007-000 NUNALEE THOMAS H III LINDA Parcel Alt ID 313617.00.6146.000 Address 340 HENRY H WATTERS DR Unit City WILMINGTON Zip Code Neighborhood 16G01 Class RES-Residential Land Use Code 10-1 Fam Res Living Units 1 Acres 0 Zoning R-15-RESIDENTIAL DISTRICT Legal Legal Description 804 SEC 18 PINE VALLEY Tax District WM Owners Owner NUNALEE THOMAS H III LINDA City WILMINGTON State INC Country Zip 28412 THE DATA IS FROM 2013 340 HENRY H WATTERS OR http://etax. nhcgov.comIFormsIPrintDatalet.aspx?pin=RO6605-009-007-000&gsp=PROFl LE... 5/3/2013 FOR REGISTRATION ESECO G.EM RITTER OF DEEDS NEY NRNOVER COUNTY, NC M MY 23 12:41:16 PM BK:5316 P6:863-866 FEE320.00 NO REV STRMP:34,000.00 1619 N 2NIN (Excise Tax) $6000.00*1 Recording time, Book and Page Tax Parcel No. R05006-002-019-000 Prepared By: James A. MacDonald, Attorney Return To: 1508 Military Cutoff Road, Suite 102 Wilmington, NC 28403 After recording mail to: P & S ALPHA, LLC 6101-A Market Street Wilmington, N.C. 28403 •rrrrr+r+w++••ararrrarrrwwasrraarrgrarrraurrrr•rrrrrr••rarrsrwrrrrarar••aa STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this 12_'gday of May, 2008, by and between PIGPORD PROPERTIES, LLC, VWa PIGFORD & SAUCIER PROPERTIES, LLC, a North CaroBna limited BabBity company, hereinafter called the Grantor, and P & S ALPHA, LLC, a North Carolina limited HabBily company, hereinafter called the Grantee. The designation Grantor and Grantee as used herein shall include said parties, its heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, its heirs and assigns, in fee simple, all that certain lot or parcel of land situated in County of New Hanover, North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED AS IF FULLY SET FORTH HEREIN. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except 2008 ad valorem taxes, and ordinances and municipal building code restrictions, if any, and that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons whomsoever except for exceptions herein stated. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed by its duly authorized member/manager, the day and year first above written. PIGFORD PROPERTIES, LLC Vk!a PIGFORD & SAUCIER PROPERTIES, LLC a North Carolina Omited liability company BY: (Stag rk H. Pi ford Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: [irk B. Pigford Ma"WoMGPORDPROPERIMS, LLC Vk/a PIGFORD &'SAUCIER PROPERTIES, LLC, a North Carolina limited WblBty company [CHECK ONE) 0 (i) I have personal knowledge of the identity of the principal; or ❑ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a Date B 22 2008. L� N tary Pu 1' Signature Sharon L. Waddell Notary Public's Printed Name (Official Seal of Notary) My Commission Expires: O404� EXHIBIT "A" BEING a part of a tract of land bound on the Southeast by Market Street (U.S. Hwy 17), a 100' public right-of-way, on the Southwest by the lands, now or formerly, of Duncan B. & Alice G. Cavanaugh, recorded among the land records of the New Hanover County Registry in Deed Book 2813, at Page 372; on the Northwest by the Wildflower subdivision, recorded in Map Book 25, at Page 185, on the Northeast by the lands, now or formerly, of MLHL Realty Company, recorded in Deed Book 2140, at Page 135; and being more particularly described as: BEGINNING at a point in the northwestern boundary of Market Street, said point being located North 640 37' 37" West 698.54 feet along the right-of-way from its intersection with the northeastern boundary of Judges Road, a public right-of-way; and running thence from the point of beginning with the Cavanaugh line, North 25' 30' 18" West, 1372.67 feet to a point; thence with the Wildflower fine, North 64" 36' 47" East, 174.91 feet to a point; thence with the MLHL Line, South 250 32' 52" East, 874.80 feet to a point; thence with a new line, South 55" 27' 40" West, 147.39 feet to a point; thence South 25" 30' 18" East 349.31 feet to a point; thence South 41" 09' 16" East, 129.75 feel to a point in the northwestern boundary of Market Street; thence with that right-of-way, South 64" 23' 44" West 65.0 feet to the point and place of beginning, containing 3.95 acres, more or less. Subject to a non-exclusive easement for ingress and egress reserved by the grantor described as. BEGINNING at the said point of beginning in the previous description and running thence with the Cavanaugh line, North 25' 30' I8"West, 549.37 feet to a point; thence North 640 29' 42" East, 30.00 feet to a point; thence South 25" 30' 18" East, 424.31 feet to a point; thence South 410 09' 16" East, 129.75 feet to a point in the northwestem boundary of Market Street; thence with that right-of-way, South 64" 23' 44" West, 65.00 feet to the point and place of beginning, containing 18,668 square feet more or less. Also subject to a non-exclusive easement reserved to the grantor for a stormwater retention pond described as. BEGINNING at a point at the end of the aforementioned access easement, said point being located North 25" 30' 18" West, 549.37 feet; thence North 64" 29' 42" East, 30.00 feet from the previous point of beginning; and running thence North 46' 12' 46" East, 153.22 feet to a point, thence South 250 3215211 East, 100.00 feet to a point; thence South 550 27' 40' West, 147.39 feet to a point; thence North 25' 30' 18" West, 75.00 feet to the point and place of beginning, containing 12,729 square feet more or less. REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 05/2312008 12:41:16 PM Book: RE 5318 Page: 863-866 Document No.: 2008022627 DEED 4 PGS $20.00 NC REAL ESTATE EXCISE TAX: $4,000.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2008022627* 2008022627