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HomeMy WebLinkAboutSW8070544_Historical File_20171004Hall, Christine From: Chad Whitley <whitleyinvestment@gmail.com> Sent: Wednesday, October 04, 2017 8:52 PM To: Hall, Christine Cc: Ron Wiese Subject: [External] Re: Re[6]: Waterway Cove, SW8 070544 +CAUPON: This email originated from outside of the organization. Do not click links or open attachments untess you verify that the attachment and content are safe. Send all suspicious email as an attachment to report:spam@nc:.gov. Christine Thank you for handling this. We also appreciate all of your efforts. In this environment, everything has changed hands several times but this should be it as I have bought out all the partners. It has caused confusion on my end as well but it should be much simpler from here on out. Please feel free to contact Ron or myself if you have any questions. Thank you! Chad Whitley President Buffalo Creek Investments, Inc On Oct 4, 2017, at 2:42 PM, Hall, Christine <Christine.Hall(ancdenr.gov> wrote: Thank you both for your efforts! I just finished drafting the approval to transfer the permit. Once it is signed, an original copy will be mailed to you. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(c)-ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 <image004.png> asp ce t1 .1 rl t N sub,',' Cr �;. r_fl•3l� LL�iE.a•f. t1C7�v: «• 'u'!ic, i• i lei ��il.. �u�C SS I$ �I.i.,,t;�, t% .tiE' �.tro:fi: i_:a�': arid, ;:n;f:,._- :145,io..: d to i:h�_Jxirtre:s. From: Chad Whitley [mailto:whitlevinvestment@email.com] Sent: Thursday, September 28, 2017 1:38 PM To: Ron Wiese <ron.wiese@thecottaeesnc.com> Cc: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Re: Re[6]: Waterway Cove, SW8 070544 Christine Compliance Inspection Report Permit: SW8070544 Effective:03/14/16 Expiration: 07/03/21 Project: Waterway Cove Owner. Waterway Cove Partners LLC County: Brunswick Adress: 1611 Waterway Dr Sw Region: Wilmington City/State/Zip: Ocean Isle Beach NC 28469 Contact Person: David Cuthbertson Title: Manager Phone: 704-774-1964 Directions to Project: From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC1791904. The project is located at SE comer of this intersection. Type of Project: State Stonmwater - HD - Infiltration Drain Areas: 1 - (Intracoastal Waterway) (03-07-59) ( SA;HQW) 2 - (Intracoastal Waterway) (03-07-59) (SA;HQVV) On -Site Representative(s): Related Permits: Inspection Date: 10/04/2017 Entry Time: 12:OOPM Primary inspector: Christine A Hall Secondary Inspector(s): Reason for inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant �a Not Compliant Question Areas: E State Stormwater (See attachment summary) Exit Time: 12:30PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Pennit: S1M28070544 Owner - Project: yraterwa y COVE, Far;ner. LLi; Inspection Date: 10104'2017 Inspection Type Compliance Evaluatsar' Reason for Visit: Follow --up Inspection Summary: To resolve these deficiencies: 1. Please either reconsider the lot allocations in the next semi-annual report to ensure the permitted amount is not exceeded dr modify the permit to allow additional BUA. 2. Per Permit Condition 11.21, please remember to provide a copy of the recorded documents allocating specific built -upon area amounts to these lots demonstrating that the requirements of Permit Condition 11.7 has been met. File Review Yes No NA NE Is the permit active? Iff ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? E ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? L ❑ ❑ ❑ Comment: A partial certification for Phase 1A was submitted on October 8 2010 Please remember that per Condition 11. 13. upon completion of the construction a final designer's certification must be submitted Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 17 ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑� Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: The revised semi-annual report dated July 28 2017 corrected the allocation for the 3 lots that were documented to have exceeded their allocated built -upon area However, additional allocations appear to have been made such that the total proposed allowable BUA allocated to the lots within Basin 1 389.031 square feet, now exceeds the permitted onsite lot allocation of 370.587 square feet In addition to ensuring that the individual lots have not exceeded their built -upon area Permit Conditions 11.2 and 11.6 also requires that the permittee to verify that the proposed built -upon area within the permitted drainage areas does not exceed the maximum allowed by the permit Gather Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ ®❑❑ Comment: Correspondence received on July 28. 2017 indicated that the BUA allocation for the lots sold and deeded to date would be recorded with Brunswick County and that all future individual lot deed restrictions will include the BUA allocation for that lot as required by Permit Condition II 7 At this time the recorded documents have not been provided to DEMLR page: 2 Hall, Christine From: Hall, Christine Sent: Wednesday, October 04, 2017 2:43 PM To: 'Chad Whitley'; Ron Wiese Subject: RE: Re[6]: Waterway Cove, SW8 070544 Thank you both for your efforts! I just finished drafting the approval to transfer the permit. Once it is signed, an original copy will be mailed to you. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources -- State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 7' Yr uc.'iiiuFi,7/io !i 1; is id fa.) 7 talc' to the N011h vav" fi;t 3 r!; jai 1c!,-o: c;s Lei.n, Z%lnd ., aiv br-, di's- ).r ec"J !".o Lid r From: Chad Whitley [mailto:whitleyinvestment@gmail.com] Sent: Thursday, September 28, 20171:38 PM To: Ron Wiese <ron.wiese@thecottagesnc.com> Cc: Hall, Christine <Christine.Hal I@ncdenr.gov> Subject: Re: Re[6]: Waterway Cove, SW8 070544 Christine Do you need me to mail you the original also? Chad Whitley President Buffalo Creek Investments, Inc. On Sep 28, 2017 1:36 PM, "Ronald Wiese" gon.wiese@thecottagesnc.com> wrote: Christine, Letter attached per your request. Let me know if you need anything else. Thanks, Ron R00.7lc{ G. 1 �5c, JR. Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www.thecottaggsnc.com. ------ Original Message ------ From: "Hall, Christine" <Christine.Hall(a)ncdenr.gUtt> To: "Ronald Wiese" <ron.wieseathecottagesnc.com> Cc: "Chad Whitley" <whitleyin.vestmentr gmail.com> Sent: 9/19/2017 4:14:50 PM Subject: RE: Re[4]: Waterway Core, SW8 070544 Ron, Thanks for the e-mail. The transfer form is actually signed by Mr. Whitely; however, the letter dated July 28t' (attached) is not. This appears to be the only document signed by My Cook. Either solution presented is fine with me. Option 1 would certainly cover all bases. Thanks again! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. 2 ECEIVE OCT 0 2 2017 hppyy September 27, 2017 Christine Hall State of North Carolina - Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE : State Stormwater Management Permit No. SW8 070544 Christine, You are in receipt of two (2) semi-annual reports dated 1/4/17 and 7/28/17 for the above referenced permit. Both reports were signed by Scott Cook as the Signature of Responsible Official. Scott was a member of the previous ownership group (WCP I) and as the new Owner, Responsible Official, and community Declarant, I (Chad Whitley) authorized him to sign these two documents on behalf of WCP II, All future documentation and reporting sent to your office should be signed by Chad Whitley only. Signature of Re sible Official Print Name ate a Notary Public of the County of t1t, i (.25Yn ,State of North Carolina, hereby certify that QYVk& Wh ► Vi ,e u appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this day of , 20_ a Notary My commission expires �NOAAW (g-�zZ NOTARY PUBLIC 11055New Pointe Blvd. / Ste 6 • Leland; NC 28451 TheCottagesKxom • 910.343.9202 Hall, Christine From: Hall, Christine Sent: Tuesday, September 19, 2017 4:15 PM To: 'Ronald Wiese' Cc: Chad Whitley Subject: RE: Re[4]: Waterway Cove, SW8 070544 Attachments: NC - DEQ stormwater response 072817.pdf Ron, Thanks for the e-mail. The transfer form is actually signed by Mr. Whitely; however, the letter dated July 28' (attached) is not. This appears to be the only document signed by My Cook. Either solution presented is fine with me. Option 1 would certainly cover all bases. Thanks again! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 " .1, r4 . i' to ii7e �i?fCi'.ria �(f !?C ecords ! c tv ar.1 rr a b-3 dJ'sclvSt+'d to [:t:l'd pp., From: Ronald Wiese[mailto:ron.wiese@thecottagesnc.com] Sent: Monday, September 18, 2017 2:02 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Chad Whitley <whitleyinvestment@gmail.com> Subject: Re[4]: Waterway Cove, SW8 070544 Christine, As discussed, this project has gone through various ownership changes in the last several months. It is now solely owned by Chad Whitley. He is also the responsible official. Scott Cook was involved in several of the ownership groups prior to Chad taking sole ownership. We are having a difficult time locating a document reflecting Scott's authority to sign for Waterway Cove. We have two options, please let me know which you prefer. 1) Chad could provide a document authorizing Scott to sign on his behalf on previous documents. All future submissions would be signed by Chad only. 2) We could provide updated submissions signed by Chad. We would prefer #1 as it would only require one new document, but please let us know what works for you. Ron Ror»/,' G. lNiese, JR. Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www.thecottagesnc.co ------ Original Message ------ From: "Hall, Christine" <Christine.Hal l@ncdenr.gov> To: "Ronald Wiese" <ron.wieseCabthecottagesnc.com> Cc: "Chad Whitley" <whitleyinvestmentagmail.com> Sent: 9/14/2017 2:43:00 PM Subject: RE: Re[2]: Waterway Cove, SW8 070544 Ron, I'm still waiting on the one final document mentioned below so I can process the transfer of this permit. I haven't seen it yet. When you get a chance, can you please send it so the permit can get transferred? Thanks. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch ristine. halKcD-ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 I!i CAL )w..: to a!-d i�i7.`,?i •',f �lJ� CrE �i11 E'.']r �.] :il �rrf �f=f.'L to, the I f� / r-Oblic 1,eioo/rYs Law andi May be o ! � From: Hall, Christine Sent: Wednesday, September 06, 2017 2:09 PM Hall, Christine From: Hall, Christine Sent: Thursday, September 14, 2017 2:39 PM To: 'Donald Pittman' Cc: Brown, Creighton A Subject: RE: Subject: Waterway Cove, OIB Stormwater Permit Inspection Attachments: 2017 06 CEI_BIMS 070544.pdf, 2014 08 permit 070544.pdf Mr. Pittman, My responses are in red below. Feel free to let me know if you have any additional questions. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct chdstine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 d _.rE35pr7t7 (v_ .c c:�f. ..'C':..tiSrak..:. .O t.. V,i `.it ,. _i! )find i-�`f l;,,., , �'cCCJ� i i ;'.. "'Y lJ°:' Gl� `1SI i , a' '%C•' �'c1+'1C Ps{;ia irr_+ From: Donald Pittman fmailto:deearepittman@gmail.com] Sent: Wednesday, September 13, 2017 11:28 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Brown, Creighton A <creighton.brown@ncdenr.gov> Subject: Subject: Waterway Cove, OIB Stormwater Permit Inspection Christine, After reading your June 26, 2017 Notice of Inspection addressed to Mr. Cuthbertson and Mr. Whitley and reviewing our Storm Water Permit, I have several questions. 1- May i receive a copy of the Compliance Inspection Report from June 24, 2017 referenced in the report? Attached. 2- What is the basis for determining "that at least 3 lots have exceeded their allocated built -upon area". It is my understanding that the two drainage basins can not exceed the amounts specified in the permit but that in our case each lot does not have a specific as -built -upon limit. I'm sure DENR has some formula to track progress via the semi-annual reports. Can you help me understand how the on going calculation is being done? There is no calculation being done by this Division. This is based on the provided semi-annual reports, which includes columns for "Allowable :BUA", "Actual BUA", and "Difference".:Per Section 1.7 of the permit, 'individual built -upon area allocations should have been recorded with each deed with the Brunswick County Register of Deeds. 3- The statement in deficiency 42 "Correspondence received on May 30, 2017 indicates that no documentation has been recorded allocating specific built -upon area amounts to any lot." Does this indicate that the Permittee has not been completing Semi-annual reports prior to the January 5, 2017 report? Please refer to my comment above regarding Section 1.7 of the perinii,. 4- Is the Permittee in compliance as of today? If not, can you provide any additional corrective actions or corrective action plans from the Permittee and when can we expect compliance? �No'bat a plan ofaction has been received. Based on this plan of action, the goal is to first transfer the permit. 5- What is the current "Built Upon Area" total for Waterway Cove as of the last Semi-annual Report"? Is it likely based upon the current calculation that the Permittee will reach the permit "As Built -upon" limit prior to building out the remaining lots. According to the semi-annual report submitted on July 28, 201 7,the currer ac-Tual B[JA does not exceed the total amount. 6- Since the Storm Water Permit expired on July 3, 2017, has the permit been renewed and can it be renewed while in a state of Non -Compliance? As noted in the second attachment, the permh expiration ;date w, s extended to July 3, 21021. ,And y;.s, tho, permit can be renewed while it is not in compliance. Thanks and best regards, Don Pittman 6446 Craller Way Ocean Isle Beach, NC 28469 Hall, Christine From: Hall, Christine Sent: Thursday, September 14, 2017 2:43 PM To: 'Ronald Wiese' Cc: 'Chad Whitley' Subject: RE: Re[2]: Waterway Cove, SW8 070544 Ron, I'm still waiting on the one final document mentioned below so I can process the transfer of this permit. I haven't seen it yet. When you get a chance, can you please send it so the permit can get transferred? Thanks. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch ristine. hall@ncden r_gov 127 Cardinal Drive Ext. Wilmington, NC 28405 N' Z1. - Nohthirg t,Orr:pa4 es - Emai cnrrespondoo� ,,t, i and trwii .':tl_`[oc V) Ote in - :1t7a F-.'ibi , tt?[::7 ds cat. cti r` —n be to rr �; From: Hall, Christine Sent: Wednesday, September 06, 2017 2:09 PM To:'Ronald Wiese' <ron.wiese@thecottagesnc.com> Subject: RE: Re[2]: Waterway Cove Good afternoon Ron. I just wanted to follow up and see if you had a chance to get a hold of that document that shows Mr. Cook is also a member/manager of the LLC that we discussed a week or so ago. I haven't seen an e-mail and wanted to make sure I didn't miss anything. Thanks! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hallOncderingov 127 Cardinal Drive Ext. ..; Wilmington, NC 28405 Email c000s,nondencc- to ana from fii'<, subject to use f+..'or 'i C : rolr,7a Public Records Lat.' r-,.=' *s;losed to third parties. From: Hall, Christine Sent: Thursday, August 24, 2017 3:07 PM To: 'Ronald Wiese' <ron.wiese@thecottagesnc.com> Cc: Chad Whitley <whitlevinvestment@gmail.com> Subject: RE: Re[2]: Waterway Cove Mr. Wiese, I'm a bit confused by the letter. There are many entities involved with this one. What is Mr. Cook's role with the proposed permittee? Am I correct that the intent of this letter is for the proposed permittee to accept responsibility to bring this project into compliance? Thanks. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(cDncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Not.hinq C rtraE}:: , =1u�5 a6%,4"css is .'�J rOitirc:. al' 7, :1's•a.- ?nG r`i3j >+"Je dL:C;-Dccit :.. .,r.rii P a rf ie S. From: Ronald Wiese[mailto:ron.wiese@thecottagesnc.com] Sent: Friday, July 28, 2017 12:33 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Chad Whitley <whitlevinvestment@gmail.com> Subject: Re[2]: Waterway Cove Christine, Attached is a letter of response to your Notice of Inspection dated 6/26/17 and a current updated semi-annual report for Waterway Cove. Hall, Christine From: Hall, Christine Sent: Thursday, August 24, 2017 3:07 PM To: 'Ronald Wiese' Cc: Chad Whitley Subject: RE: Re[2]: Waterway Cove Mr. Wiese, I'm a bit confused bythe letter. There are many entities involved with this one. What is Mr. Cook's role with the proposed permittee? Am I correct that the intent of this letter is for the proposed permittee to accept responsibility to bring this project into compliance? Thanks. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 N. cI- -�-'�Vcfhtnq ('oMPJPt'S' ..., )frrS!z,�r ftiCP tc an_ ­' from tws cad ess :S -Xrokaa 1-'(fhlka Records Lehi a d d !o t" r+,, From: Ronald Wiese [mailto:ron.wiese@thecottagesnc.com] Sent: Friday, July 28, 2017 12:33 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Chad Whitley <whitleyinvestment@gmail.com> Subject: Re[2]: Waterway Cove Christine, Attached is a letter of response to your Notice of Inspection dated 6/26/17 and a current updated semi-annual report for Waterway Cove. Please let me know if you have any questions. Ron ROn,141 G. Wiese, JR. NVA T F. R WAN' C, OV F, July 28, 2017 Christine Hall State of North Carolina - FnNironmental Quality 127 Cardinal Drive Extension Wilmington. *NC" 28405 RE: State Stonnwater Management Permit No. SW8 070544 Christine, gY; We received a Notice of Inspection — Not Compliant from you elated 6,2612017, There were two deficiencies noted to resolve. In addition to the two deficiencies, it was also noted that the ownership transfer has not yet been approved. All of the ownership transfer documentation has been provided to your office. The previous ownership group, Waterway Cove Partners, LLC has requested that they be immediately removed from the permit as they no longer have any ownership or declarant interest if! Waterw•ayC;ovc. Meast. provide an expected schedule for completion of the permit transfer. The two deficiencies noted to resolve are: 1) 7n the prCVious semi=annual report, it was noted that 3 individual lots had e:xeccded their individual BUA. Permit conditions require the permittee to ensure the individual lots have not e.+eceded Their built -upon area. The attached semi-annual report reflects a rt-allocation of BUA for the 3 lots in question and several others based upon unique constniction circumstances. These wlaanges resulted in a zero -net `hinge to the proposed BUA for each Basin. No revisions have been proposed to individual lot;s that have been closets and deeded other than the 3 that had exceeded their BUA. 2) C. vrre-ipondence received on Afav 3U, 017 indicted that no documentrrtron has 1.,�°rn rf cor , allo catingspecific br+ilt-upon arn. a amounts ,n any lots.ed We will prepare and record a document in Brunswick noting the B'IJ.A of each individual lot that has been closed and deeded to dale. All individual lot demts restrictions from this date forward will include the BIJA .allocation for the lot being recorded. UMNew Pointe Blvd,' Ste 6 v Leland, NC 28451. ThcCottagesNC.com F, 910.343 9202 11 1 1.1.WAY C0VF: Based on information and belief formed after reasonable inquiry, the undersigned certifies that all information and scat ents provided (including attachments) are: true, accurate, and complete. & n'ature of" rsgnnsible (apt Print Name � Pate a Notary Public of the County of�,y , ZL-,- -Mate of North Carolina, hereby erl�thatappeared personally before; me this day an being duly sworn acknowledged that the above form was executed by him. 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Q c F C' w d' n lD N e4 Ifl D) m P 00 '7 0 lD tV f\ ri tit 01 LC �; eL•' u) M e-1 In D1 N li O Gt 00 N lD m a !) c H) 1 N v N v N N N M M M >) N fV v N d I r, eF M v m d• ;n I.. r.' r d t: r• V D1 , 0i r ) 100 V el 00 T v Ot b• Ot � O In p uJ lD m ib m o m w w m a I, t �D �:., us .o Io �D ID r-1 .1 ri , ri ri n w u) a +, �n Is a �a �D i u U u :J u u u u u u I u U u U u IL 0- d d G. 0-i 0- d CL u u u ulu C` u (.: u u1u u) ) u u u i t f 0 0 0 2 0 O O O 0 0 0 CA n n 0 G a 0 0 C O C` 0 c o Q U c O In et c cf C a 4 i <• 4 '. q m I rv) ni en Ian m N i 0 n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 (D 0 0 n 0 O v er v v a <t <r a v m m c) m m G) N N m m m min (J m m m COODCOCO MCDCOO N N N N N N [V N N N N N N N N N N M M M M M M M M M M M T m M T M M In N a+ O .7I I� :1,I ICI Ln I A —i -q 1 Ull -4-IIN In V) V) 0 0 V) 0 V) V) N VI 0 V) In V) V) (n v -) .� a eJ a a n v a a+ a c) a s" a > > > > > .a > > . > c C C C C C C C r_ C C C tl C C C a C: 1I a a a a a `:1 U a ^I s: CI ;,J AJ ;4' m m 17D m m m tl m m m tl m Ci m m tl (i': 0 0 O 0 0 !] O o O = u u u u u u u u L C: L L L L L L L L I L L u u u u u u G C C C�fC C C C G C C G C C CaI C Q Q Q QiE Q Q Q •Q Q Q Q Q Q Q 4 Ln r4 N ll h ron m ::- a t I~ jV ^TS %� M 'ni W� o LD Lin QO iO '-0 m t) �Iw kD(D W:W U) Hall, Christine From: Ronald Wiese <ron.wiese@thecottagesnc.com> Sent: Friday, July 28, 2017 12:33 PM To: Hall, Christine Cc: Chad Whitley Subject: Re[2]: Waterway Cove Attachments: NC - DEQ sormwater response 072817.pdf, Semi Annual Report rev. 072817.pdf Christine, Attached is a letter of response to your Notice of Inspection dated 6/26/17 and a current updated semi-annual report for Waterway Cove. Please let me know if you have any questions. Ron R01»lc/ G. Wiese, JR. Pteconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www.thecottagesnc.com ------ Original Message ------ From: "Hall, Christine" <Christine.Hal I@ncdenr.gov> To: "Ronald Wiese" <ron.wieseathecottagesnc.com> Sent: 7/18/2017 2:08:55 PM Subject: RE: Waterway Cove Thanks Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hsll(@_ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 _fc ..' m"^' t"tid�6'1^'e.r' �t3i......k rrm.4 d corrcrospicr,_fnnce t:; and K)rr ocifhp, ,"� i iortit k-'Or{:kin Pubf;Cm"' €TEE ato: :/hs d7. 10 From: Ronald Wiese[mailto:ron.wiese@thecottpvesnc.com] Sent: Tuesday, July 18, 2017 8:20 AM To: Hall, Christine <C_hristine.Hall@ncdenr.Qo_v> Subject: Waterway Cove Christine, We are in receipt of your latest letter concerning Waterway Cove. I am working on an updated semi-annual report and will have to you by the required date of 7/28. Ron Ron,7ld G. Wie5e,1R. Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 xx-,xxw•xv.th.ec,:)ttLA, , estic.coRom+, Corporations Division Page 1 of 1 North Carolina Elaine F. l�larstall Secretary ECRETARY ora!STATv F% 9mc 28 Ra 1gh,K 27E2¢--1622 15'.9 31C 4Q:r Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Buffalo Creek Investments, Inc Prev Legal: Whitley Lawn & Garden, Inc. Business Corporation Information Sosld: 0247048 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 4/13/1989 Fiscal Month: December Registered Agent: Whitely, Chad Corporate Addresses Mailing: 5415 Gilboa Rd Marshville, NC 28103 Principal Office: 5415 Gilboa Rd Marshville, NC 28103 Reg Office: 5415 Gilboa Rd Marshville, NC 28103 Reg Mailing: 5415 Gilboa Rd Marshville, NC 28103 Officers President/ Treasurer: Chad Whitley 5415 Gilboa Rd Marshville NC 28103 Secretary: Jennifer Whitley 5415 Gilboa Rd Marshville NC 28103 Stock Class: COMMON Shares: 100000 Par Value: 1 Account Login Create Site Account https://www.sosnc.gov/Searcb/Profcorp/4954089 6/24/2017 Hall, Christine From: Hall, Christine Sent: Tuesday, July 18, 2017 2:09 PM To: 'Ronald Wiese' Subject: RE: Waterway Cove Thanks. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email cor/.?sr1r.nk-"On e to a;,,d om th.;,, From: Ronald Wiese [maiIto: ron.wiese@thecottagesnc.com] Sent: Tuesday, July 18, 2017 8:20 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Waterway Cove Christine, We are in receipt of your latest letter concerning Waterway Cove. I am working on an updated semi- annual report and will have to you by the required date of 7/28. Ron R042,71/ G. Wiese, JR. Pteconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 -sv-svtie.thecotta enc.cotn 1 Energy. Mineral & Land Resources ENVIRONMENTAL. QUALITY June 26, 2017 Waterway Cove Partners, LLC, current permittee Attn: David Cuthbretson, Manager 2627 Brekonridge Centre Drive Monroe, NC 28110 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director WCP II, LLC, proposed permittee Naturewatch, LLC, Member Buffalo Creek Investments, Inc. Attn: Chad Whitley, President 5415 Gilboa Road Marshville, NC 28103 Subject: Notice of Inspection — Not Compliant and Request for Additional Information State Stormwater Application No. SW8 070544 Waterway Cove Brunswick County Dear Mr. Cuthbertson and Mr. Whitley: Notice of Inspection On June 24, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a follow-up file review inspection the subject project based on the information received on May 30, 2017 to determine the status of compliance with the State Stormwater Management Permit Number SW8 070544 recently revised on March 14, 2016. DEM. LR_ file review and site inspection revealed that the site is not in compliance 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. The semi-annual report dated January 5, 2017 indicated that at least 3 lots have exceeded their allocated built -upon area. Permit Conditions U.2, II.4, and 11.6 require the permittee to ensure the individual lots have not exceeded their built -upon area allocation. Documentation of the solution has not yet been provided. Please demonstrate how the overbuilt lots will be brought back into compliance. 2. Correspondence received on May 30, 2017 indicated that no documentation has been recorded allocating specific built -upon area amounts to any lots. Permit Condition 111.7 requires individual lot built -upon area allocations to be recorded with the Brunswick County Register of Deeds. Per Permit Condition II.21, please provide a copy of the recorded deed restrictions for each lot demonstrating that the requirements of Permit Condition 11.7 has been met. Please be advised that until the transfer is approved, Waterway Cove Partners, LLC is required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by July 28, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. State of North Carolina I Environmental Quality ; Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardlnal Drive Extension I Wilmington, NC 28405 9JO 7%7215 State Stormwater Permit No. SW8 070544 Page 2 of 2 Rcc ue t fur _1dI.t1itiop,.jl InfOrniation 'File Wilmingttm 1egional office received and accepted an application to transfer the State Stormwater Management I'erniit for the subject project on February l , 2017 with additional information received on A•May 30, 2017. Although the paperwork to transfer the permit appears to now be in order, the project is not in compliance with the permit. Per Permit Condition 11.18, the project must be in compliance with all permit conditions prior to the transfer of the permit. The permit cannot be transferred until one of the following occurs: 1. The compliance items noted above are resolved and the site complies with the permit and state stormwater rules. 2. The new property owner provides a letter acknowledging the compliance issues, agreeing to resolve the issues, and provides a plan of action with a timeline to resolve them. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to July 29, 2017, 2017, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email 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, which shall be no later than 30 days past the original due date. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me at christine.hall@ncdenr.gov. Sincerely, CL -i�- Christine Hall Environmental Engineer Eric: Compliance Inspection Report `'tDS/canh: \\\Stormwater\Permits & Projects\2007\070544 HD\2017 06 CEI_deficient addinfo 070544 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor Wilmington Regional Office Stormwater Permit File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 25405 910796 7215 Compliance Inspection Report Permit: SW8070544 Effective:03114/16 Expiration: 07/03/21 Project: Waterway Cove Owner: Waterway Cove Partners LLC County: Brunswick Adress: 1611 Waterway Dr Sw Region: Wilmington CityfState/Zip: Ocean Isle Beach NC 28469 Contact Person: David Cuthbertson Title: Manager Phone: 704-774-1964 Directions to Project: From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC179/904. The project is located at SE comer of this intersection. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Intracoastal Waterway) (03-07-59 ) ( SA;HQW) 2 - (Intracoastal Waterway) (03-07-59 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 06/24/2017 Entry Time: 01:00PM Primary Inspector: Christine A Hall Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: M State Stormwater (See attachment summary) Exit Time: 01:30PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SVV807055=4 owner - Project: Waterway Cove Partners LLC Inspection Date: 06124/2017 Inspection Type Compliance Evaluation Reason for Visit: FDllow-up Inspection Summary: To bring this project into compliance: Please demonstrate how the overbuilt lots will be brought back into compliance. Per Permit Condition 11.21, please provide a copy of the recorded deed restrictions for each lot demonstrating that the requirements of Permit Condition 11.7 has been met. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Yes No NA NE ®❑❑❑ Signed copy of the Operation & Maintenance Agreement is in the file? x ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? E ❑ ❑ ❑ Comment: A partial certification for Phase 1 A was submitted on October 8 2010 Please remember that per Condition II 13 upon completion of the construction a final designer's certification must be submitted. Yes No NA NE Built Upon Area Is the site BUA constructed as per the permit and approval plans? ❑ 67 ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ 0 Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ E Comment: The semi-annual report dated January 5 2017 indicated that at least 3 lots have exceeded their allocated built upon area Documentation of the solution has not vet been provided Permit Conditions II 2 II 4 and II 6 require the permittee to ensure the individual lots have not exceeded their built -upon area allocation. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ t, ❑. ❑ Comment: Correspondence received on May 30 2017 indicated that no documentation has been recorded allocating specific built upon area amounts to any lots Permit Condition 11.7 requires individual lot built upon area allocations to be recorded with the Brunswick County Register of Deeds. page: 2 'Corporations Division Page 1 of 1 `'r' ` `�?'►r North Carolina Elaine F marshall DEEP Secretary r. wy ECRETARY ov STATE PO Box 28•E22R,nteigbIX2732&aE2219":8°td3 {1 Account Login Click Here To: Create mite View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form Corporate Names Legal: NatureWatch LLC Limited Liability Company Information Sosld: 1283442 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 10/18/2012 Fiscal Month: December Registered Agent: Whitley, Chad Corporate Addresses Mailing: 5415 Gilboa Road Marshville, NC 28103 Principal Office: 5415 Gilboa Road Marshville, NC 28103 Reg Office: 5415 Gilboa Road Marshville, NC 28103 Keg Mailing: 5415 Gilboa Road Marshville, NC 28103 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20 Member: Buffalo Creek Investments, Inc 5415 Gilboa Rd Marshville NC 28103 https://www.sosnc.gov/Search/profcorp/10098296 6/24/2017 om LI ITED LIABILITY COMPANY ANNUAL RE NAME OF LIMITED tIABILiTY COMPANY: NatureWatch LLC SECRETARY OF S IATE ID NUMBER: 1283442 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2017 • i SECTION A: RE(,jARED, AGEW S INFOQMATION SOSED: 1283442 Date Filed: 5/9/2017 11:59:00 PM Elaine F. Marshall North Carolina Secretary of State CA2017 067 02755 CA201706702755 ® Changes - I. NAME OF REGISTERED AGENT: Chad Whitley 2, SIGNATURE QF THE NEW REGISTERED AGENT: S NATURE CONSTITUTE NT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 5415 Gilboa Road i Marshvlle, NC 281 L3, Union County i SECTION B: PRINCIPU OFFICE INFORMATION i 4. REGISTERED OFFICE MAILING ADDRESS 5415 Gilboa Road Marshvllle, NC 28103 Union County 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holding company 2. PRINCIPAL OFFICE PHONE NUMBER. 910-343-9203 4. PRINCIPAL OFOICE STREET ADDRESS & COUNTY 5415 Gilboa Road 3. PRINCIPAL OFFICE EMAIL] Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 5415 Gilboa Road Marshvllle, NC 2810�, Union County Marshvllle, NC 28103, Union County i SECTION C: COMPANj OFFICIALS (Enter additional Company Officials in Section E,) NAME: Buffalo CT!k Investments, In, NAME: TITLE: Member TITLE: I ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: 5415 Gilboa Rd Marshvllle, NC *03 Union SECTION D: CERTIF1.4ATION OF ANNUAL REPORT, Section D must be completed in its entirety by a persordbusiness entity. UBE._., - DATE Form must be signed by a ?tidal listed under SeC1bn C of this form. ` Chad Whitley,Manag i�tuYvWc}e �4 c, Pdn a Type Name of co npany O9id91 Print or Type The Tatte of the Company Otlldal SUOMIT THIS ANNUAL. REPORT WITH THE REOUIREO FILING FEE OF S200 � W. MAIL TO, Sac rlary of Stme. Corporations Division, Pool Oflks Box 29525, Raleigh, NC 27626-0525 01 - I{ � Hall, Christine From: Hall, Christine Sent: Tuesday, May 30, 2017 2:11 PM To: 'Ronald Wiese' Subject: RE: State Stormwater application No SW8 070544 Mr Wiese, Thank you for your response. I will have to look at it in more detail but at a quick glance, I did want to point out that Permit Condition 11.7 requires individual lot built -upon area allocations to be recorded with each deed with the Brunswick County Register of Deeds per the requirements of the Declaration of Protective Covenants, Restrictions, Easements, Charges, and Liens for Waterway Cove. When I have had a chance to look through the documents in more detail, I'll be back in touch. Thanks again! Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 `��'i) �r:r�ile'•ci�,lt`il e ".� v;c� �:'ur7il;I"t +r ..:f `. .,. .. ;.?;1):f` .., :5 From: Ronald Wiese [mailto:ron.wiese@thecottagesnc.com] Sent: Saturday, May 27, 2017 9:12 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: State Stormwater application No SW8 070544 Christine, We are in receipt of your Notice of Inspection and Request for Additional Information for State Stormwater Application No. SW8 070544 dated April 28, 2017. Per your requirements, this response is dated prior to May 29, 2017 and will address both (2) issues that are brought up in the notice. 1) Application for transfer the State Stormwater Management Permit (items A & B) - I believe that you have received all of the required documents from Chad Whitley to demonstrate proper manager Hall, Christine From: Ronald Wiese <ron.wiese@thecottagesnc.com> Sent: Saturday, May 27, 2017 9:12 PM To: Hall, Christine Subject: State Stormwater application No SW8 070544 Attachments: Assignment of Ownership Interest.pdf, 8822-B Change of Address -Responsible Party - Chad Whitley.pdf Christine, We are in receipt of your Notice of Inspection and Request for Additional Information for State Stormwater Application No. SW8 070544 dated April 28, 2017. Per your requirements, this response is dated prior to May 29, 2017 and will address both (2) issues that are brought up in the notice. 1) Application for transfer the State Stormwater Management Permit (items A & B) - I believe that you have received all of the required documents from Chad Whitley to demonstrate proper manager / ownership and address for the LLC. These documents; a) 8822-B Change of address or responsible party, and b) Assignment of ownership interest are attached to this email for your reference. 2) Plan for 3 lots that currently show as exceeding their allocated built -upon area - Permit number SW8 070544 did not define.any specific built -upon areas for individual lots within the development. The individual lot built -upon areas, including the amenities, were determined and allocated by the developer and the engineer as not to exceed the total allowable built -upon area for both Stormwater basins. The determinations were made based upon the size of each individual lot and the specific home type and layout proposed for each lot. There have also been no specific documentation recorded specifically allocating any built -upon area to any specific lot. Our intent is that prior to the next semi-annual report presented to your office, the developer and the engineer will revise allocation for future / proposed built -upon areas to transfer necessary BUA to any completed lot that currently exceed their allocated BUA. In addition, there is remaining unassigned BUA within both stormwater basins that is also available to be used. Our intent has always been to reserve this unassigned BUA for any necessary uses prior to the completion of the subdivision. Please confirm receipt of this response and acceptance of our proposed resolutions for the issues noted in you letter. Thank you, Ron Wiese cc: Chad Whitley - WCP II R0d'3/'/ G. Wiese, JR, i ASSIGNMENT OF OWNERSHIP INTEREST OF WCP II, LLC This Assignment of Ownership Interest WCP II, LLC (the "Assignment") is made and effective as of the 3rd day of March 2017, by and among Waterway Cove Partners, LLC ("Assignor") and Naturewatch, LLC ("Assignee"). RECITALS: WHEREAS, Assignor Assignee constitute all of the members of a limited liability company formed under the North Carolina Limited Liability Company Act, North Carolina General Statutes Chapter 57D (the "Act"), by the name of WCP II, LLC (the "Company"), and the Company is governed and operated pursuant to an Operating Agreement (the "Operating Agreement"); WHEREAS, Assignor is the legal and beneficial owner of a fifty percent (50%) Membership Interest (as such term is defined in the Operating Agreement) in the Company (the "Ownership Interest"); and WHEREAS, Assignor wishes to transfer and assign its entire Ownership Interest in the Company to Assignee and cease to be a member of the Company, and all of the members of the Company are agreeable to such transfer and cessation of the Assignor as a member under the terns and conditions set forth below; NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties hereto agree as follows: 1. Conveyance by Assignor. Assignor hereby assigns, conveys, transfers and delivers to Assignee, its successors and assigns, all of Assignor's rights, title and interest in and to its entire Ownership Interest in the Company. This assignment is absolute and irrevocable and includes all rights in and claims to any undistributed cash or distributions of any kind and all other rights or benefits of any nature allocable to the Ownership Interest under the Operating Agreement. 2. Acceptance by Assignee. Assignee hereby accepts the foregoing assignment and transfer of the Ownership Interest in the Company from Assignor. Assignee hereby assumes and agrees to be bound by all of the terms, conditions, and provisions of the Operating Agreement with respect to the Ownership Interest in the Company. 3. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee that the Ownership Interest transferred under this Assignment to Assignee is free and clear of all liens, claims, encumbrances and other restrictions of any kind; that Assignor has full right and legal authority to assign the Ownership Interest to Assignee; and that MAY 3 0 2®1 the Ownership interest constitutes Assignor's entire ownership interest in the Company and Assignor has no other equity interests or rights to acquire additional interests in the Company. Assignor covenants to defend its title to the Ownership Interest from claims originating prior to the date hereof. Assignor further agrees and acknowledges that upon the effectiveness of the transfer of Assignor's entire Ownership Interest in the Company to Assignee under this Assignment, Assignor shall cease to be a member of, and have no further rights or interest as a member in, the Company. 4. Execution of Documents. Assignor and Assignee each agrees to perform any further acts and execute and deliver any further documents and forms reasonably required or requested by the other, by the Company, or by counsel for either of them or the Company that may be necessary to reflect the transfer to Assignee of all rights, title, and interest in and to Assignor's entire Ownership Interest in the Company, and to cooperate with each other for the fulfillment of the terms of this Assignment. 5. Consent to Transfer; Manager Election. The Non -Transferring Members hereby approve and consent to the foregoing transfer to Assignee of Assignor's entire Ownership Interest in the Company and, in connection therewith, hereby approve the admission of Assignee as a new member of the Company. David Cuthbertson resigns as Manager of the Company and Chad Whitley is elected as the sole Manager thereof (by written consent of Assignee as the sole remaining member of the Company). 6. Revised Ownership Interest Percentages. After giving effect to the transfer to Assignee of Assignor's entire Ownership Interest in the Company, the members of the Company and their respective Ownership Interest percentages in the Company are as follows: 'UUCP II. LLC MEMBERS BEFORE ASSIGNMENT Name of Member Ownership Interest Percenigge Waterway Cove Partners, LLC 50% Naturewatch, LLC 50% WCP II. LLC MEMBERS AFTER ASSIGNMENT Name of Member Ownership Interest Percentage Naturewatch, LLC 100% 7. Continuation of Company and Other Terms of Operating Agreement. The parties hereby agree that the Company shall continue as a limited liability company under the Act by and between the continuing members, that the Company shall not be dissolved and that its business and operations shall not be liquidated or wound up because of the transfer of Assignor's Ownership Interest in the Company to Assignee. Except for the substitution of Assignee for Assignor as a member of the Company, the Operating Agreement shall continue in full force and effect in accordance with its terms, unmodified in any other respect whatsoever. . Seve - bility amd wurvival. F—ch pra" or. of this Assiprnc-nt is intended to be sevemt+le. If any term or provision hereof is i legal or invalid for anv r�ea.�ar, whatsoever, such illegality or invalidity Shall, to zi-�e greatesf Oxie"t possibie, rot affect Lhe legaE.Ty or validity of the Mm2inder of Oils Assignment. All of t�ae firma, rep'e�entations, �va:^r�raties, and other j�ri1at0sicy i of this Assgnment shall s,t ive and remain in wffect after the date hereof. • S"Massurs anti A-m-Fpas. This .�Lssignrner,. sh" bind and inure to the benefit of the L�ansfercm, su;.,cessors, assips, hairs, beneficiaries. =ecutors, adwinistsators, members, pafters, shareholders, agent, employees, and rppiwentaVves of each party her eta. CMITOng �?v- This �►ssig �ment ,gas been entered into in the Sat -lie of North Carolir L and this Assignment, includir:g any rights, re, ladies, or obligations provided for hereunder, shall 've construed and enforced in accordanze with the laws of Lbe State of Forth `:araiina.. fN WrIMESS WHEREvF, each of the undersigned parties has duly executed this Assignment, effective as of the day and year first w tten above. ASSIGNOR WATT LOV A.RTNERS, LLC --.._ By: Christophe Grsm, Manager ASS Z— NATUR;EWATCH, LLC By: Chad My --%;a r W,. LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: WCP II, LLC SECRETARY OF STATE ID NUMBER: 1462489 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2017 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Hinson, Wesley S 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 309 Post Office Dr Indian Trail, NC 28079-7671 Union County SECTION B: PRINCIPAL OFFICE INFORMATION Filing Office Use Only E-Filed Annual Report 1462489 CA201710105108 4111 /2017 05:51 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 309 Post Office Dr Indian Trail, NC 28079-7671 1. DESCRIPTION OF NATURE OF BUSINESS: Real property purchase, improvement and management 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 289-3135 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 2500 W Roosevelt Blvd Monroe, NC 28110-8431 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS PO Box 1699 Monroe, NC 28111-1699 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: David Cuthbertson NAME: TITLE: Manager ADDRESS: 2627 Brekonridge Centre Drive Monroe, NC 28110 TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. David Cuthbertson SIGNATURE Form must be signed by a Company Official listed under Section C of this form. David Cuthbertson Print or Type Name of Company Official 4/11 /2017 DATE Manager Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 Form 8822-B Change of Address or Responsible Party — Business Ili -Please type or print. (Rev. October 2014) OMB No. 1545-1163 Department of the Treasury ► See instructions on back. ► Do not attach this form to your return. Internal Revenue Service 1 ► Information about Form 8822-B is available at wwwJrs,gov11arm8822b. Before you begin: If you are also changing your home address, use Form 8822 to report that change If you area tax-exempt organization (see instructions), check here ❑ Check all boxes this change affects: 1 ❑✓ Employment, excise, income, and other business returns (Forms 720, 940, 941, 990, 1041, 1065, 1120, etc.) 2 ❑ Employee plan returns (Forms 5500, 5500-EZ, etc.) 3 ❑ Business location 43 Business name 4D Employer identification number 5 Old mailing address (no., street, room or suite no., city or town, state, and ZIP code). If a P.O. box, see instructions. If foreign address, also complete spaces below, see instructions. 2627 Brekonrid a Centre Dr. Monroe, NC 28110 Foreign country name I Foreign province/county I Foreian nostal rnrie 6 New mailing address (no., street, room or suite no., city or town, state, and ZIP code). If a P.O. box, see instructions. If foreign address, also complete spaces below, see instructions. 5415 Gilboa Road, Marshville NC 28103 Foreign country name Foreign province/county I Foreign nostal rarie 7 New business location (no., street, room or suite no., city or town, state, and a foreign address, also complete spaces below, see Foreign country name I Foreign province/county Foreign postal code 8 New responsible parry's name Chad Whitley g New responsible parry's SSN, ITIN, or EIN 10 Signature Daytime telephone number of person to contact (optional) Sign Here ' Signature of owner, officer, Title IV I Where To File Send this form to the address shown here that applies to you. IF your old business address was in ... THEN use this address .. . Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, ev Revenue Internal RevService Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Cincinnati, 4599-0023 Vermont, Virginia, West Virginia, Wisconsin Alabama, Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Internal Revenue Service Montana, Nebraska, Nevada, New Mexico, North Dakota, Ogden, UT 84201-0023 Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, any place outside the United States r•Or rnVACy Act ana F'aperworK hieauction Act Notice, see back of form. Cat. No. 57465H V4_ 1 -2014) MAY 302017 BY: Form 8822-B (Rev. 10-2014) Future Developments Information about any future developments affecting Form 8822-B (such as legislation enacted after we release it) will be posted at www.irs.gov/ form8822b. What's New Change of responsible party. Any entity with an EIN is now required to report a change in its "responsible party" by: (a) completing Form 8822-8 as appropriate, including entering the new responsible party's name on line 8 and the new responsible party's SSN, ITIN, or EIN on line 9; and (b) filing the completed form with the Internal Revenue Service within 60 days of the change. See Responsible Party, later, for more information. Purpose of Form Use Form 8822-B to notify the Internal Revenue Service if you changed your business mailing address, your business location, or the identity of your responsible party. Also, any entities that change their address or identity of their responsible party must file Form 8822-B, whether or not they are engaged in a trade or business. If you are a representative signing for the taxpayer, attach to Form 8822-8 a copy of your power of attorney. Generally, it takes 4 to 6 weeks toprocess your address or responsible party change. Changing both home and business addresses? Use Form 8822 to change your home address. Tax -Exempt Organizations Check the box if you are a tax-exempt organization. See Pub. 557, Tax -Exempt Status for Your Organization, for details. Addresses Be sure to include any apartment, room, or suite number in the space provided. P.O. Box Enter your box number instead of your street address only if your post office does not deliver mail to your street address. Foreign Address Follow the country's practice for entering the postal code. Please do not abbreviate the country name. "In Care of" Address If you receive your mail in care of a third parry (such as an accountant or attorney), enter "C/O" followed by the third party's name and street address or P.O. box. Responsible Party Enter the full name (first name, middle initial, last name, if applicable) and SSN (social security number), ITIN (individual taxpayer identification number), or EIN (employer identification number) of the new responsible party, as defined next. Responsible party defined. For entities with shares or interests traded on a public exchange, or which are registered with the Securities and Exchange Commission, "responsible party" is (a) the principal officer, if the business is a corporation, (b) a general partner, if a partnership, (c) the owner of an entity that is disregarded as separate from its owner (disregarded entities owned by a corporation enter the corporation's name and EIN), or (d) a grantor, owner, or trustor, if a trust. For tax-exempt organizations, the "responsible party" is commonly the same as the "principal officer" as defined in the Form 990 instructions. For all other entities, "responsible party" is the person who has a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the individual, directly or indirectly, to control, manage, or direct the entity and the disposition of its funds and assets. The ability to fund the entity or the entitlement to the property of the entity alone, however, without any corresponding authority to control, manage, or direct the entity (such as in the case of a minor child beneficiary), does not cause the individual to be a responsible party. If the responsible party is an alien individual with a previously assigned ITIN, enter the ITIN in the space provided and submit a copy of an official identifying document. If necessary, complete Form W-7, Application for IRS Individual Taxpayer Identification Number, to obtain an ITIN. You must enter the new responsible party's SSN, ITIN, or EIN unless the only reason you obtained an EIN was to make an entity classification election (see Regulations sections 301.7701-1 through 301.7701-3) and you are a nonresident alien or other foreign entity with no effectively connected income from sources within the United States. Signature An officer, owner, general partner or LLC member manager, plan administrator, fiduciary, or an authorized representative must sign. An officer is the president, vice president, treasurer, chief accounting officer, etc. If you are a representative signing on behalf of the taxpayer, you must attach to Form 8822-B a copy of your power of attorney. To do this, you can use Form 2848. The Internal Revenue Service will not complete an address or responsible party change from an "unauthorized" third party. Page 2 Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. Our legal right to ask for information is Internal Revenue Code sections 6001 and 6011, which require you to file a statement with us for any tax for which you are liable. Section 6109 requires that you provide your identifying number on what you file. This is so we know who you are, and can process your form and other papers. Generally, tax returns and return information are confidential, as required by section 6103. However, we may give the information to the Department of Justice and to other federal agencies, as provided by law. We may give it to cities, states, the District of Columbia, and U.S. commonwealths or possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. If you are an entity with an EIN and your responsible party has changed, use of this form is mandatory. Otherwise, use of this form is voluntary. You will not be subject to penalties for failure to file this form. However, if you fail to provide the IRS with your current mailing address or the identity of your responsible party, you may not receive a notice of deficiency or a notice of demand for tax. Despite the failure to receive such notices, penalties and interest will continue to accrue on any tax deficiencies. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is 18 minutes. Comments. You can send us comments by going to www.irs.gov/formspubs, clicking on "More Information," and then clicking on "Give us feedback." You can also send your comments to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. DO NOT SEND THE FORM TO THIS ADDRESS. Instead, see Where To File, earlier. Corporations Division Page 1 of 1 0'J , r," . EJako F. Ma `' . A R71'01 E1A .r +fit I 11 ` oEky 2f, Q� Ralwi 9';FV-211Rt Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: WCP II, LLC Limited Liability Company Information Sosld: 1462489 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 8/7/2015 Fiscal Month: December Registered Agent: Hinson, Wesley S Corporate Addresses Mailing: 2627 Brekonridge Centre Drive Monroe, NC 28110-5629 Principal Office: 2627 Brekonridge Centre Drive Monroe, NC 28110-5629 Reg Office: 3U9 Post Office Dr Indian Trail, NC 28079-7671 Reg Mailing: 309 Post Office Dr Indian Trail, NC 28079-7671 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: David Cuthbertson 2627 Brekonridge Centre Drive Monroe NC 28110 h4s://www.sosnc.gov/Searcii/profcorp/l 1736260 1/25/2017 aLIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: WCP II, LLC SECRETARY OF STATE ID NUMBER: 1462489 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2016 SECTION A: REGISTERED AGENT'S INFORMATION Filing Office Use Only J E-F;led Annual Repor, 1462489 CA201701900057 1/19/2017 08:41 Changes 1. NAME OF REGISTERED AGENT: Hinson, Wesley S 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS $ COUNTY 309 Post Office Dr Indian Trail, NC 28079-7671 Union Countv SECTION B: PRINCIPAL OFFICE INFORMATION SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 309 Post Office Dr Indian Trail, NC 28079-7671 1. DESCRIPTION OF NATURE OF BUSINESS: Real property purchase, improvement and management 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 774-1964 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 2627 Brekonridge Centre Drive 2627 Brekonridge Centre Drive Monroe, NC 28110-5629 Monroe, NC 28110-5629 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: David Cuthbertson NAME: TITLE: Manager TITLE: ADDRESS: 2627 Brekonridge Centre Drive Monroe, NC 28110 ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity. David Cuthbertson SIGNATURE Form must be signed by a Company Official listed under Section C of this form. David Cuthbertson Print or Type Name of Company Official 1 /19/2017 DATE Manager Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 `t.' LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Waterway Cove Partners, LLC SECRETARY OF STATE ID NUMBER: 1322455 STATE OF FORMATION: NC Filing Office use Only E-Filed Annual Report 1322455 REPORT FOR THE YEAR: 2017 CA201710105107 4/11/2017 05:51 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Hinson, Wesley S. 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 309 Post Office Drive Indian Trail, NC 28079-7671 Union Countv SECTION B: PRINCIPAL OFFICE INFORMATION SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 309 Post Office Drive Indian Trail, NC 28079-7671 1. DESCRIPTION OF NATURE OF BUSINESS: Real estate development 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 289-3135 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 2500 W Roosevelt Blvd Monroe, NC 28110-8431 5. PRINCIPAL OFFICE MAILING ADDRESS PO Box 1699 Monroe, NC 28111-1699 SECTION C: COMPANY FFICIALS (Enter additional Company Officials in Section E.) NAME: David Cuthbertson TITLE: Manager ADDRESS: 2649 Breckonridge Centre Drive Monroe, NC 28110 NAME: David Cuthbertson NAME: Christopher Grissom TITLE: Member TITLE: Manager ADDRESS: ADDRESS: 2649 Breckonridge Centre Drive PO Box 1699 Monroe, NC 28110 Monroe, NC 28111-1699 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Christopher Grissom 4/11/2017 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. Christopher Grissom Manager Print or Type Name of Company Official Print or Type The Title of the Company Official MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 SECTION E: ADDITIONAL COMPANY OFFICIALS NAME: Walters Investment Holdings, LL( NAME: TITLE: Member TITLE: ADDRESS: ADDRESS: PO Box 1699 Monroe, NC 28111-1699 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: 4 E-Filed Annual Report i 10271874 �. . -> LIMITED LIABILITY COMPANY ANNUAL REPORT Do not data enter manually. a� NAME OF LIMITED L ABILITY COMPANY: Waterway Cove Partners, LLC REPORT FOR THE YEAR: 2014 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 1322455 NATURE OF BUSINESS: Real estate development REGISTERED AGENT: Hinson, Wesley S. REGISTERED OFFICE MAILING ADDRESS: 309 Post Office Drive Indian Trail, NC 280 79- 7671 REGISTERED OFFICE STREET ADDRESS: 309 Post Office Drive Indian Trail, NC 28079-7671 Union County PRINCIPAL OFFICE TELEPHONE NUMBER: (704) 238-1229 PRINCIPAL OFFICE MAILING ADDRESS: 2649 Brekonridge Centre Drive Monroe, NC 28110-5629 PRINCIPAL OFFICE STREET ADDRESS: 2649 Brekonridge Centre Drive Monroe, NC 28110-5629 Company Officials: Name: David Cuthbertson Name: David Cuthbertson Name: Grin Asset Management LLC Title: Manager Title: Member Title: Member Address: Address: Address: 2649 Breckonridge Centre Drive 2649 Breckonridge Centre Drive PO Box 1699 Monroe, NC 28110 Monroe, NC 28110 Monroe, NC 28111 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES David Cuthbertson FORM MUST BE SIGNED BY A MANAGER/MEMBER David Cuthbertson 4/14/2014 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE_ E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 28, 2017 David Cuthbretson, Manager Waterway Cove Partners, LLC, current permittee 2627 Brekonridge Centre Drive Monroe, NC 28110 ROY COOPER Governor MICHAEL S. REGAN secretary TRACY DAVIS Director ' l VUr C-,C Chad Whitley, Manager ' %3 WCP II, LLC, proposed permittee 5415 Gilboa Road Marshville, NC 28103 Subject: Notice of Inspection and Request for Additional Information State Stormwater Application No. SW8 070544 Waterway Cove Brunswick County Dear Mr. Whitley: Notice of Inspection On April 28, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a follow-up file review inspection the subject project to determine the status of compliance with the State Stormwater Management Permit Number SW8 070544 recently revised on March 14, 2016. DEMLR file review and site inspection revealed that the site is not in compliance 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. The semi-annual report dated January 5, 2017 indicate that at least 3 lots have exceeded their allocated built -upon area. Permit Conditions H.2, IIA, and 11.6 require the permittee to ensure the individual lots have not exceeded their built -upon area allocation. Please advise how these lots will be brought back into compliance. Please be advised that until the transfer is approved, Waterway Cove Partners, LLC is required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by May 29, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. Request for Additional Information The Wilmington Regional Office received and accepted an application to transfer the State Stormwater Management Permit for the subject project on February 1, 2017. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: ✓ A. 15A NCAC 02H.1003(e): In the case of a corporation (Inc. or LLC), the application must be signed by a principal executive officer of at least the level of vice-president. Recommendation: an LLC can be manager -managed or member -managed. If it is manager -managed, then the designated manager can sign. If it is member -managed, then any member can sign. If the designated person is not listed with the documentation available on the Secretary of State Corporations Database, you must provide official documentation supporting the position. However, applications that must be signed by another State ofNortli Carolina I Environmental Quality I Energy, Nneral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I VYdmington, NC 2W5 9107967215 State Stormwater Permit No. SW8 070544 Page 2 of 2 agent shall be accepted on the application only if accompanied by a letter of authorization. Please either: i. Provide official documentation demonstrating yourself as the manager of this LLC. ii. Provide a letter of authorization from Mr. Cuthbertson, the manager on file with the Secretary of State, allowing you to sign on their behalf. B. 15A NCAC 02H.1003: Please confirm the address listed in Section II of the Name/Ownership Change form is consistent with the principal office address on file with the Secretary of State. If additional addresses are desired, an attachment may be provided including the additional addresses. In addition to the items A and B above, please note that per Permit Condition I1.18, the project must be in compliance with all permit conditions prior to the transfer of the permit. The permit cannot be transferred until one of the following occurs: 1. The compliance items noted above are resolved and the site complies with the permit and state stormwater rules. 2. The new property owner provides a letter acknowledging the compliance issues, agreeing to resolve the issues, and provides a plan of action with a timeline to resolve them. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to May 29, 2017, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email 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, which shall be no later than 30 days past the original due date. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine.hall@ncdenr.gov. Sincerely, ca;� XJa Christine Hall Environmental Engineer Eric.- Compliance Inspection Report L7GDS/canh: %Stormwater\Permits & Projects\2007\070544 HD\2017 04 addinfo 070544 i cc: Waterway Cove HOA Advisory Board; c/o Mark Farrier; 6431 Stopper Lane; Ocean Isle Beach, NC 28469 Georgette Scott, Wilmington Regional Office Stormwater Supervisor Wilmington Regional Office Stormwater Permit File State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 Compliance Inspection Report Permit: SW8070544 Effective:03/14/16 Project: Waterway Cove Owner: Waterway Cove Partners LLC County: Brunswick Region: -Wilmington Expiration: 07/03/21 Adress: 1611 Waterway Dr Sw City/State/Zip: Ocean Isle Beach NC 28469 Contact Person: David Cuthbertson Title: Manager Phone: 704-774-1964 Directions to Project: From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC179/904. The project is located at SE corner of this intersection. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Intracoastal Waterway) (03-07-59) ( SA;HQW) 2 - (Intracoastal Waterway) (03-07-59) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 04/28/2017 Entry Time 01:30PM Primary Inspector: Christine A Hall Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 02:OOPM Phone:910-796-7215 Inspection Type: Compliance Evaluation page 1 permit: SW8070544 Owner - Project: Waterway Cove Partners LLC. Inspection Date: 04/28/2017 Inspection Type Compliance Evaluation Reason for Visit: .Follow-up Inspection summary: To bring this site into compliance; please advise how the overbuilt lots will be brought back into compliance with their BUA allocations. Yes No NA NE File Review Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineers certification is in the file? ■ ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: A partial certification for Phase I was submitted on October 8 2010 Please remember that per Condition II 13 upon completion of the construction a final designer's certification must be submitted. Yes No NA NE Built Upon Area Is the site BUA constructed as per the permit and approval plans? ❑ ®❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ M Comment: The semi-annual report dated January 5 2017 indicate that at least 3 lots have exceeded their allocated built -upon area. The recently submitted site plan exhibit confirms that the intended plans are consistent with the latest set of approved plans. Yes No NA NE Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: Maintenance and inspection records have been submitted. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ M Comment: A semi-annual report dated January 5 2017 was received on January 9 2017 alonq with an application to transfer the permit. page: 2 SIGN UP SHEET SCOPING MEETING Bright Property Scoping Meeting Ocean Isle Beach 5/24/2017 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7303 Cameron.Weaver(a�ncdenr.gov *Curt Weychert DCM-Fisheries 252-808-2808 Curt.We c ert(a.nedenr.sov X Ken Riley NOAA-NMFS 252-728-8750 Ken.Riley cni noaa. ov X Maria Dunn NCWRC 252-948-3916 Maria.Dunnna ncwildlife.ora *Kathy Matthews USFWS 919-856-4520 Kathryn Matthews2fws.gov Debbie Wilson DCM 910-796-7266 Debra.Wilsonna,ncdenr.gov *Shane Staples DCM-Fisheries 252-948-3950 Shane. Sta les e,nedenr. ov Linda Lewis DEMLR-SW 910-796-7343 Luida.Lewis@Acdenr.goy X Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda.Hall(a,ncdenr.gov Tyler Crumbley USACE 910-251-4170 Tyler.Cnunbley. a,usace.arm .mil Chad Coburn DWR-401 910-796-7379 Chad.Coburn(a,ncdenr. ov Lillian Salanes Bright Property Owner 910-352-3784 Bill Bright Property Owner 910-393-9378 BBright&atmc.net 919-733-2451 NCDENR WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 Casm6r, Jo From: Casmer, Jo Sent: Thursday, February 02, 2017 9:36 AM To: 'whitleyinvestment(Mgmail.com' Subject: Waterway Cove; Stormwater Permit SW8 070544 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Ownership Transfer documents for this project on February 1, 2017. The project has been assigned to Christine Hall and you will be notified if additional information is needed. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax Io.casmer(Mncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 -: "NothhV {Cot11pme-s-- -Al- I Email correspondence to and from this address is subject to the North Carolina P01ic Records Law and may be disclosed to third parties. Completeness Review Checklist Project Name: C.��4.� �C_ Received Date: Project Location: Cc-:.-, y C— Accepted Date: `Rule(s) �2008 Coastal �1995 Coastal Phase II (WiRO.) El Universal �1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): �. PE Cert on File? Density: HD or LD Type: Commercial or Residential I pNCG; Oil?) Stream Class: EISA Map Offsite to SW8 )Subdivided?: Subdivision or Sinfdie Lot nORW Map Exempt raperworK Emailed Engineer on: E_ JSupplement(s) (1 original per BMP) BMP Type(s): �-- O&M with correct/original signatures (1 original per BMP except LS/UFS and swales) n �� C III �G�' pplication with correct/original signatures Deed hD MCorp or LLC: Sig. Auth. per SoS or letter - Email Address: Design Engineer 77"$SC�S (��rithirr6moJ �_ o-� �- Email Address: Owner Soils Report with SHWT �, to R6�ista �;er., 7Calculations (signed/sealed) C I:No obvious errors _f_ (�s�0 . Density includes common areas, etc I LA G'AL Deed Restrictions, if subdivided: d�-�- Signed & Notarized -- � h s� S t k Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rester` �►� Plans or p�� Sets Grading Vicinity Map Legend Infiltration Soils Report SHWT: Bottom: Visited: Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) (roads cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Wetlands: Delineated or No Wetlands C-— �Layout (proposed B!A dimensions) �DA Maps Project Boundaries Wet Pond Soils Report SHWT: - PP: Offsite �PE Cert for Master Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Pr.ii� mduosc Lot #: Lot # Matches Master Pro sf sf rW*uibk COAntY. 0: ii4lll Ai A --A ev � � Y W Oki - NORTH.WOUNA GENERAL WAULAMY DM lunu t'-b%-w-my to -the M30Y m coliect" TH.ISDXgD=S3e!14.ttwl$tbdRyogApxg'.2016.by-ohd WWI= GAR Wata"y Cove Panners, LLC Abmh C0014-a Jlhz*&dj4ww IMOPW MUS TRAIL W 2BO79 GPAMU WCPZ= A NaxA CapMw DOM NC 28t.10 rim e, whi ha 'a clb dad. ilie�e retches Vat' rp^*uutbA4*nteyuht0aii(;ii*ftiiLfWAM &M, -Wia cmaty. 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Ldt $4. 24'30iff16 I arBS 0004 t10€2! 24MI017 L&M. 0094 ti0D3 ,YR3fiIQ1$: lots.?#l94 00t13 nk !I q BcVntwsck y tfeglID o 4_of +I page o 24301023 koz43ow 2430M 0094 am tot wi WA Qm 000 09. 00 ;243OM W 97 M" UOD3 24310M 119 4 - om om- Impervious Calculations Area 1 - Phase 1-A- 27 Lots @ 3,600 SF per lot — 2 Lots @ 3,500 SF per lot Area 2 ; Area 2 - Phase 2 - 36 Lots @ 3,600 SF per lot Area 3 - Phase 3, Section 1 - 16 Lots C 3,500 SF per lot j 4 Lots @ 3,650 SF per lot — i — ----I I L i 7 Lots 4,070 SF per lot ws,w ey [onraos I e a,elso.xx .I ael.a, � o+a.src mxzowm `x,:naaa:n ' .vsn.zu mxzn a:.a Lots 3,500 SF per lot I Area 4 -Phase 3, Section 2 - 15 - ' 14 Lots @ 3,900 SF per lot 14 Left @ 4,070 SF per :at r «. f �m rc 15 Lots ® 4,400 SF per lot — — INH I j .,». ��f/ fE' �jll ,'�� �'11'IF ��Ii��� � ,,a ` ,•�'' - - - — •i ;I I �'!� 1 f �' I ' � � - - �� OWED- CEIj � _ �-- i:r-- }�--fie `� e';I � 1,�! j f ► � ; ..�„ _ ____-_ _i! i I V it .BAN 0 9 201 3.600 SF I... � i I ,-.-..-�J t• K�' - rc `J!.` � I ~�i �— .._ I � µr � I I "'` ' iv �n,nr Impervious, typ. 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I I — I I 1 I �I Sga t ' gPE , i I s--, I a3 I Ye I _I 1 79 M7 1 791.67'0 aeu,r�rsulea ( #� rr !!I 's { (0 crn�m i - - Ncul�,�c-za,s s� I I SCALE:NTS Impervious Area Allocations C;6� Prelmin" - not far ccnat=mn ion purprpasaa only. ThSite pion Is a iade plaaphic n apprex es u9a" condfolw rebfi g mentaticin and dxxM be Utilized for to tr=tures. Waterway COvPjvredands,reads,padltllg,vegetationandpiWaty boundaries. Plan cnmponems may change upn mipubdaryand c regalaone and reietnenb North at hma a wprevb ancilew daelopment aatigOcean Isle Beach, North Carolina WATERWAY COVE State Stormwater Management Permit Number SW8 070544 (3/14/16 rev.) Semi -Annual Report - 1/5/17 Permitted Basin 1 Basin 2 Total Onsite Buildings 370,587 207,422 578,009 Onsite Streets / Parking 180,904 85,057 265,961 Onsite Sidewalks 56,446 37,424 93,870 Amenity Center 18,861 0 18,861 Other Onsite 5,166 5,000 10,166 Future 3,000 3,000 6,000 Offsite 36,492 286,610 323,102 Total 1 671,456 624,513 1,295,969 See attached map for individual lot BUA allocation Basin 1 ECE11V BAN 0 9 2012 BY: Street Address Lot Number Section / Phase Allowable BUA Actual BUA Difference Lot Owners Name 1643 Waterway Cove Drive SW Amenity Ctr 1A 18861 10863 7998 WCP II 1609 Waterway Cove Drive SW 1 1A 3600 2933 667 Charles & Kathy Robinson 1611 Waterway Cove Drive SW 2 1A 3600 3099 501 Cathy Ernst 1621 Waterway Cove Drive SW 3 1A 3600 3066 534 Donald & Kathie Gilliam 1623 Waterway Cove Drive SW 4 1A 3600 2711 889 Peter & Judith Lawson 1627 Waterway Cove Drive SW 5 1A 3600 2939 661 William & Mary Corder 1633 Waterway Cove Drive SW 6 1A 3600 2967 633 Mark & Jennifer Peoples 6451 Figure Eight Drive SW 7 1A 3600 2925 1 675 lWilliam & Heather Weber 6445 Figure Eight Drive SW 8 1A 3600 2767 833 Paul & Mary Martin 6443 Figure Eight Drive SW 9 1A 3600 2513 1087 Anthony & Judith Cosentino 6439 Figure Eight Drive SW 10 1A 3600 2410 1190 Elizabeth Dock 6437 Figure Eight Drive SW 11 1A 3600 2573 1027 Anna Knight 6433 Figure Eight Drive SW 12 1A 3600 2755 845 John & Joyce Angeleri 6431 Figure Eight Drive SW 13 1A 3600 2740 860 Richard & Nancy Back 6429 Figure Eight Drive SW 14 1A 3600 3200 400 Martin & Cheryl Linn 6425 Figure Eight Drive SW 15 1A 3600 3494 106 Debra Jones 6421 Timber Hitch Drive SW 16 2 3600 3018 582 Dale & Ruth Haskins 6425 Timber Hitch Drive SW 17 2 3600 3298 302 Lisa Marshall 6429 Timber Hitch Drive SW 18 2 3600 2891 709 Timothy & Pamela Hardy 6433 Timber Hitch Drive SW 19 2 3600 2919 681 Tracey Mccloy 6437 Timber Hitch Drive SW 20 2 3600 2931 669 Karl & Julie Chortanoff 6441 Timber Hitch Drive SW 21 2 3600 3147 453 Michael & Beryl Jackson 6445 Timber Hitch Drive SW 22 2 3600 3038 562 Georges & Patricia Hughes 6449 Timber Hitch Drive SW 23 2 3600 3290 310 Richard & Kathy Triplette 1704 Round Turn Road SW 48 2 3600 2945 655 Gilbert & Stephanie Davis 1692 Round Turn Road SW 49 2 3600 2707 893 Leslie Wilfong & Katherine Sm 1688 Round Turn Road SW 50R 2 3600 3361 239 Douglas Leidholt & Deborah R 1684 Round Turn Road SW 51R 2 3600 3882 John & Christine Jansen 1680 Round Turn Road SW 52R 2 3600 3235 365 Brooke Trent 1672 Round Turn Road SW 54 2 3600 3361 239 Murrell & Beth Matthews 6459 Timber Hitch Drive SW 55 1A 3600 2657 943 Randall & Mona Distefano 6463 Timber Hitch Drive SW 56 1A 3600 3139 461 Brian Lalone (Family Trust) 6467 Timber Hitch Drive SW 57 1A 3600 3209 391 Edward Schultz & Anne Cowar 6469 Timber Hitch Drive SW 58 1A 3600 2484 1116 John & Martha Lewkowicz 6473 Timber Hitch Drive SW 59 3/1 3650 3650 TBD 6477 Timber Hitch Drive SW 60 3/1 3650 3250 400 Paul & Reca Davis 6481 Timber Hitch Drive SW 61 3/1 3650 3650 TBD 6485 Timber Hitch Drive SW 62 3/1 3650 3650 TBD 6472 Timber Hitch Drive SW 63 3/1 3500 3028 472 David & Margaret Couch 6476 Timber Hitch Drive SW 64 3/1 3500 3500 TBD 6480 Timber Hitch Drive SW 65 3/1 3500 3500 JTBD 6484 Timber Hitch Drive SW 66 3/1 3500 2979 521 Douglas & Deborah Prewitt 1633 Marlin Spike Way SW 67 3/1 3500 3113 387 Ronald & Karen Austin 1629 Marlin Spike Way SW 68 3/1 3500 3500 TBD 1625 Marlin Spike Way SW 69 3/1 3500 3500 TBD 1621 Markin Spike Way SW 70 3/1 3500 3500 TBD 1620 Waterway Cove Drive SW 72 1A 3600 2849 751 Stephen & Martha Lampros 1622 Waterway Cove Drive SW 73 1A 3600 2432 1168 Mark Ballard & Thomas Finne 1624 Waterway Cove Drive SW 74 1A 3600 3089 511 Vickie Dowless 1626 Waterway Cove Drive SW 75 1A 3600 3660 Randolph & Patricia Pate 1628 Waterway Cove Drive SW 76 1A 3600 2183 1417 Philip & Lori Piersol 1630 Waterway Cove Drive SW 77 1A 3600 2486 1114 Lanny & Susan Cole 6460 Carrick Bend Trail SW 78 1A 3600 3465 135 Karen Strock & Theresa Brady 6464 Carrick Bend Trail SW 79 1A 3600 2344 1256 William Tilson 6468 Carrick Bend Trail SW 80 1A 3500 2999 501 Patricia Jaeger 6472 Carrick Bend Trail SW 81 1A 3500 2895 605 Linwood & Robin Baker 6480 Carrick Bend Trail SW 82 3/1 3500 3500 TBD 6484 Carrick Bend Trail SW 83 3/1 3500 3500 TBD 6488 Carrick Bend Trail SW 84 3/1 3500 3500 TBD 6492 Carrick Bend Trail SW 85 3/1 3500 3500 TBD 6496 Carrick Bend Trail SW 86 3/1 3500 2918 582 Naturewatch LLC 6500 Carrick Bend Trail SW 87 3/1 3500 3500 TBD 6504 Carrick Bend Trail SW 88 3/1 3500 3028 472 Tammy Johnson 6492 Timber Hitch Drive SW 89 3/1 3500 3023 477 Harry & Anita Plisevich 6496 Timber Hitch Drive SW 90 3/1 3500 3407 93 Faye Frazier 6500 Timber Hitch Drive SW 91 3/1 3500 3500 TBD 1608 Butterfly Knot Drive SW 92 3/1 4070 4070 TBD 1612 Butterfly Knot Drive SW 93 3/1 4070 4070 TBD 1616 Butterfly Knot Drive SW 94 3/1 4070 3629 441 Raymond & Dawn Gershon 1620 Butterfly Knot Drive SW 95 3/1 4070 3792 278 Thomas & Diane Groff 1624 Butterfly Knot Drive SW 96 3/1 4070 4064 6 Naturewatch LLC 1628 Butterfly Knot Drive SW 97 3/1 4070 3709 361 Naturewatch LLC 1632 Butterfly Knot Drive SW 98 3/1 4070 4070 TBD TBD 99 3/2A 4070 4070 TBD TBD 100 3/2A 4070 4070 JTBD TBD 101 3/2A 4070 4070 JTBD TBD 102 3/2A 4070 4070 TBD TBD 103 3/2A 4070 4070 TBD TBD 104 3/2A 4070 4070 TBD TBD 105 3/2A 4070 4070 TBD TBD 106 3/2A 4070 4070 TBD TBD 107 3/2A 4070 4070 TBD TBD 108 3/2A 4070 4070 TBD TBD 109 3/2A 4070 4070 TBD TBD 110 3/2A 4070 4070 TBD TBD 111 3/2A 4070 4070 TBD TBD 112 3/2A 4070 4070 TBD TBD 113 3/2A 3500 3500 TBD TBD 114 3/2A 3500 3500 TBD TBD 115 3/2A 3500 3500 TBD TBD 116 3/2A 3500 3500 TBD TBD 117 3/2A 3500 3500 TBD TBD 118 3/2A 3500 3500 TBD TBD 119 3/2A 3500 3500 TBD TBD 120 3/2A 3500 3500 TBD TBD 121 3/2A 3500 3500 TBD TBD 122 3/2A 3500 3500 TBD TBD 123 3/2A 3500 3500 TBD TBD 124 3/2A 3500 3500 TBD TBD 125 3/2A 3500 3500 TBD TBD 128 3/2B 3500 3500 TBD TBD 129 3/2B 3500 3500 TBD Totals 389031 177809 211222 Streets, Parking, & Sidewalks TBD Basin 2 Street Address Lot Number Section / Phase Allowable BUA Actual BUA Difference Lot Owners Name 6446 Craller Way SW 24 2 3600 3847 1 -24-j IDonald & Janet Pittman 6442 Craller Way SW 25 2 3600 3207 393 Nanci Mancenelli 6438 Craller Way SW 26 2 3600 2961 639 Suzan Adams 6434 Craller Way SW 27 2 3600 3293 307 Richard & Diane Tolhurst 6430 Craller Way SW 28 2 3600 3090 510 Harry & Cheryl Page 6426 Craller Way SW 29 2 3600 3083 517 Jeffrey & Lynn Goode 6422 Craller Way SW 30 2 3600 3158 442 Roger Bryan 6421 Craller Way SW 31 2 3600 3537 63 Jack & Bonita Treadway 6425 Craller Way SW 32 2 3600 3380 220 Robert & Mary Ellen Strupplei 6429 Craller Way SW 33 2 3600 2982 618 Jerlyn Witten (Trust) 6433 Craller Way SW 34 2 3600 2908 692 MaryMac Holcombe 6439 Craller Way SW 35 2 3600 3588 12 Ellwood & Rachel Sunnell 6438 Stopper Lane SW 36 2 3600 3194 406 Hohenstein (Trust) 6434 Stopper Lane SW 37 2 3600 3362 238 Michael Wilson & Theresa Boi 6430 Stopper Lane SW 38 2 3600 2995 605 Kathleen Stanley 6426 Stopper Lane SW 39 2 3600 3345 255 Leon Green 6422 Stopper Lane SW 40 2 3600 3320 280 Paul & Lee Anne Harling 6427 Stopper Lane SW 41 2 3600 2412 1188 Gary & Joanne Brown 6431 Stopper Lane SW 42 2 3600 3032 568 Mark & Bobby Farrier 6435 Stopper Lane SW 43 2 3600 3342 258 Jeannette Harrison Sullivan (Ti 6439 Stopper Lane SW 44 2 3600 3260 340 William Phelan & Donna Claus 1716 Round Turn Road SW 45 2 3600 3296 304 Richard Czopek & Chandra Bai 1712 Round Turn Road SW 46 2 3600 3509 91 Pamela Groce 1708 Round Turn Road 47 2 3600 3303 297 Bruce & Wendy Cadwell TBD 126 3/213 3900 3900 TBD TBD 127 3/213 3900 3900 TBD TBD 130 3/213 3900 3900 TBD TBD 131 3/213 3900 3900 TBD TBD 132 3/213 3900 3900 TBD TBD 133 3/213 3900 3900 TBD TBD 134 3/26 3900 3900 TBD TBD 135 3/213 3900 3900 TBD TBD 136 3/213 4400 4400 TBD TBD 137 3/213 4400 4400 TBD TBD 138 3/26 4400 4400 TBD TBD 139 3/213 4400 4400 TBD TBD 140 3/213 4400 4400 TBD TBD 141 3/26 4400 4400 TBD TBD 142 3/26 4400 4400 TBD TBD 143 3/213 4400 4400 TBD TBD 144 3/213 4400 4400 TBD TBD 145 3/213 4400 4400 TBD TBD 146 3/26 4400 4400 TBD TBD TBD 147 148 3/213 3/26 4400 4400 4400 4400 TBD TBD TBD 149 3/213 4400 4400 TBD TBD 150 3/213 4400 4400 TBD TBD 151 3/26 3900 3900 TBD TBD 152 3/26 3900 3900 TBD TBD 153 3/213 3900 3900 TBD TBD 154 3/213 3900 3900 TBD TBD 155 3/213 3900 3900 TBD TBD 156 3/213 3900 3900 TBD Totals 207000 77404 129596 Streets, Parking, & Sidewalks TBD 9Ia M 2 0 cz m cc Q m Z � Q ►.j Cs7 �s r5� ob0 ., P�> <H vaO H �� oz i ;o v I ^C C ct �- Q (D � Ong a � zoo m O s to Caz m Cn to w � 1= r N C C " N pz� r-I rM 1, �QD> PC y r W � a �z r O_ O O O O 0 7— cn En 0 0 Cb -rj cn 73 W Irl CL In 9 CD 2. co 0 CD CD AD to UQ ro 0 rL cr 0 CD cp 01 0 too W. cn 0 G, rL 0 CD O CD ci� C, 0 0. 5 F n 0 cr CD CD OC? cm CD 0 O ca D > > o tl CD z CD CD 01 go CD CD C, 5r CD tv mi LLLL O ems. 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C ,n�• C �G< cD C� � r�C LO paz z cn n z�Q �3 r7> C�]h o 0- v� r N -C CO2 ryNl z � y e E o N � n .,es. ona: ------------------------ AFi fi. �• JAW .y Al :. 'W r!,. 99 WIN 9 .4 AD ik O '71 N CA CA C6 p, -51 CD CD w CD cn p = — o aq -1 a r, * o 6, —3 -0 co co CD 0 C-0 < 0 cn CD CI- IZ 12 CD o -I R CD Cl F LZ .7 R rA CD 0 Cc CD aE i5- CD = CD CD rA rA 8. = 0- CD c = 34 3Q yo =I CD 70 0 co z co Ei. M 0 -1 DQ CD CD G4 , X fr" -T ------------ LO, U. C, 0 DQ CD co W 13 40 1-3 c 2 rT C6 cre b Er - - - - - - - - - - - - - - - - - - - - - I-q CD rm rJ WATERWAY COVE January 6, 2017 Christine Hall State of North Carolina - Environmental Quality I JAN 0 9 2017 127 Cardinal Drive Extension Wilmington, NC 28405 BY: RE : State Stormwater Management Permit No. SW8 070544 Christine, We received a Notice of Inspection - Not Compliant from you dated 12/2/2016. There were four deficiencies noted to resolve. They are: 1) Permit ownership change - This is in process of completion with the prior ownership group. 2) Submit revised plans for approval - Plans were submitted and we received approval on 12/12/16. 3) Maintain pumps and confirm function of infiltration basins - The pumps are maintained and the attached reports from JP Russ show periodic confirmation of sediment basins. 4) Semi-annual reports - The attached spreadsheet and additional information include all construction to date in WWC per Condition. 11.17. All stormwater runoff from finished lots within Waterway Cove currently drains into the permitted system. Based on information and belief formed after reasonable inquiry, the undersigned certifies that all inforpatLon and statements provided (including attachments) are true, accurate, and complete. _(Si DN�� N - \\ Silwafure of Responsible Official Print Name Da e hQs�.c� Cas __,a Notary Public of the County off ---.,State of North Carolina, hereby certify that 1� (7>_ appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my``l''l�t�t," ial seal, this day of joy , , 20 G NotarY Public P ��''' 1►�.�Q -� NOW Hanover County = Notary =MY Commissio2 Shen Explres` My commission expires 09/18/20 0 �., PIPCAR 0%� W: FmWllogCWVA*,ThC 1105New Pointe Blvd. / Ste 6 • Leland, NC 28451 TheCottagesNC.com 9 910.343.9202 Hall, Christine From: Hall, Christine Sent: Friday, January 06, 2017 5:02 PM To: 'Ronald Wiese' Subject: RE: Re[4]: State Stormwater Management permit No. SW8 070544 Ron, I'm sorry, but I have been running around these last few days. I also like to come prepared for specific questions or concerns you might have. I will be here Monday but it is always best to schedule a time to ensure I am available. If you can give me a time frame in which you expect to drop by, I will try my best to be available. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 j i L:}'�'li r�9 UqadparcY!1 Email correspondence e io and this aad►ess is subiect 1_+ the iJvr_h Carolina Public Record;; Law and !r; J, &L disclosed to i ird pair s. From: Ronald Wiese[mailto:ron.wiese@thecottagesnc.com] Sent: Friday, January 06, 2017 2:54 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Re[4]: State Stormwater Management permit No. SW8 070544 Since we have been working with you, Dan, and Rhonda on this process, and there are multiple outstanding violations of our permit, I would appreciate 5 minutes just to review what I am submitting to make sure that this satisfies what you all need. We would be much more comfortable, at least this once, confirming this in person rather than just dropping off and hoping. Ron R017, /hl G. Wiese, JR. Pteconstraction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www.thecottagesnc. com ------ Original Message ------ From: "Hall, Christine" <Christine.Hall@ncdenr.gov> To: "Ronald Wiese" <ron.wiese@thecottages nc.com> Sent: 1/6/2017 2:50:36 PM Subject: RE: Re[2]: State Stormwater Management permit No. SW8 070544 The items can certainly be dropped off up the front. Do you have any specific questions or concerns that you are looking to have addressed or reviewed? Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall(d-)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 .. F' a and f`'om .,'t ;';!fo::z S u-is :i�.l[:,loci to the ;`!r di (;'� �. 7i `�?iDjd: k'i4t=U (� s �o4v Cie•.'.? be to irliU' fl '•iil"S. From: Ronald Wiese[maiIto: ron.wiese@thecottagesnc.com] Sent: Friday, January 06, 2017 2:38 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Re[2]: State Stormwater Management permit No. SW8 070544 Are you available Monday? I am receiving the change of ownership form via Fedex on Monday morning and could bring it all in to you then. Thanks Ronald G. Wiese, JR. Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www.thecottajgesnc.co ------ Original Message ------ From: "Hall, Christine" <Christine.Hall@ncdenr.gov> To: "Ronald Wiese" <ron.wiese0thecottagesnc.corn> Sent: 1/6/2017 2:35:42 PM Subject: RE: State Stormwater Management permit No. SW8 070544 Ron, I'm sorry forjust now being able to respond to your e-mail. I will be around this afternoon if you still wish to review the information that is needed. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch ristine. hall(d,)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 hi�ig Compares :'7ail cores o:7�' ;ev 0 ar..I „Gr':r thh�,, address is suk feet to file [Vorao Carofinn Pobi;c kec +gals Lai:: and maybe di 10sed to t rircl.p rtie:5. From: Ronald Wiese[mailto:ron.wiese@thecottaeesnc.com] Sent: Thursday, January 05, 2017 11:37 AM To: Hall, Christine <Christine.Hall@ncdenr.eov> Subject: State Stormwater Management permit No. SW8070544 Christine, We received a notice of Inspection - Not Compliant from you dated 12/2/16. I have prepared a response including Semi-annual report and inspection records. If you are available this afternoon or tomorrow afternoon, I would request 5 minuted of your time to review and make sure that I am providing all of the information that you need. Thanks, Ron Wiese I Ronald G. Wiese, JR. Preconstruction Manager 3 Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 V IIMLY th nc.Cdtn Hall, Christine From: Sent: To: Hall, Christine Wednesday, December 14, 2016 4:33 PM 'Ronald Wiese' Cc: Scott Cook, Chad Whitley, Hall, Rhonda B Subject: RE: 12/2/16 Notice of Inspection Waterway Cove Mr. Wiese, Thank you for providing an address for the HOA. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 '��''�x�►t�ii� i.Cli�l�''.k?"Lti Email corm-spondence to and from tijis addi ss is sur sct iu if;F� Nlorth Carolina Public Records Lave and may be disclos-- io hi dp riles. From: Ronald Wiese[mailto:ron.wiese@thecottagesnc.com] Sent: Wednesday, December 14, 201611:08 AM To: Hall, Christine <Christine. Hall@ ncdenr.gov> Cc: Scott Cook <scott.cook@thecottagesnc.com>; Chad Whitley <whitleyinvestment@gmail.com>; Hall, Rhonda B <rhonda.hall@ncdenr.gov> Subject: 12/2/16 Notice of Inspection - Waterway Cove Christine, We are diligently addressing all of the deficiencies noted on the Notice of Inspection dated December 2, 2016 and will respond prior to January 9, 2017 as required. Several of the items have already been remedied. One thing that we noticed on the report was that Don Pittman was CC'd. Don is not an employee of Waterway Cove nor is he an authorized or elected member of the Waterway Cove HOA. Please do not copy him on any future correspondence. All Waterway Cove HOA requests for information and correspondence should be directed to: Waterway Cove HOA Advisory Board C/O Mark Farrier 6431 Stopper Lane Ocean Isle Beach, NC 28469 Thank you, Ron R0n,34/ G. ki Iiese, JR. Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 www thecottagesnc.com PAT McCRORY Governor DONALD R. VAN DER VAART Secretary Energy, Mneral & Land Resources ENVIRONMENTAL QUALITY December 2, 2106 David Cuthbertson, Manager Waterway Cove Partners, LLC 2627 Brekonridge Centre Dr. Monroe, NC 28110 Subject: Notice of Inspection — Not Compliant Waterway Cove State Stormwater Management Permit No. SW8 070544 Brunswick County Dear Mr. Cuthbertson: TRACY DAVIS Director On November 17, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Waterway Cove, located at 1611 Waterway Drive SW in Ocean Isle Beach, Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070544 transferred to Waterway Cove Partners, LLC on August 8, 2014 and as subsequently revised. DEMLR file review and site inspection revealed that the site is not in compliance 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. Per Conditions II.9 and I11.1, please submit paperwork to change the ownership of the permit. 2. Per Condition II.9, please submit the revised site plans for approval. 3. Per Condition 11.14, please maintain the pumps to be sure they are working as designed. Please also confirm that the infiltration basins are infiltrating properly. 4. Per Condition II. 17, please submit all past semi-annual reports and please remember to submit them going forward. Please be reminded that it is your responsibility as the permittee of record to submit a completed and signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. These forms are available on our website at: httDs://dea.nc.gov/about/divisions/enerav-mineral-land-resourr-es/enerpv-mineral-land- a. An ownership change including the sale or conveyance of the permitted project area in whole or in part. This does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stormwater permit; 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. Foreclosure proceedings; d. Filing for Bankruptcy; e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6••08(2). f. A name change of the owner / permittee; g. A name change of the project; h. A mailing address change of the permittee; State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 2W5 910 7%7215 State Stormwater Permit No. SW 970515 Page 2 of 2 Please be advised that until you submit the required Name/Ownership Change Form to the Division and receive approval from the Division to transfer the permit, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by January 9, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at christine.hall@ncdenr.gov. Sincerely, Christine Hall Environmental Engineer Enc: Compliance Inspection Report GDS\canh: \\\Stormwater\Permits & Projects\2007\070544 HD\2016 12 CEI_deficient 070544 cc: Ronald Wiese, Construction Manager; Cottage Building Company; 1105 New Pointe Blvd., Suite 6; Leland, NC 28451 Tim Clinkscales, Paramounte Engineering, Inc. Don Pittman; 6446 Craller Way; Ocean Isle Beach, NC 28469 Georgette Scott, Wilmington Regional Office Stormwater Supervisor Creighton Brown, Environmental Specialist WiRO Stormwater Permit File State of North Carolina 1 Environmental Quality Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension i Wilmington, NC 28405 910 796 7215 Compliance fnspecticn Report 'Permit: SVV8070544 Effective:03/14/16 Expiration: 07/03/21 Project: Waterway Cove Owner: Waterway Cove Partners LLC County: Brunswick Region: Wilmington Adress: 1611 Waterway Dr Sw City/State/Zip. Ocean Isle Beach NC 28469 Contact Person: David Cuthbertson Title: Manager Phone: 704-774-1964 Directions to Project: From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC179/904. The project is located at SE comer of this intersection. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Intracoastal Waterway) (03-07-59) ( SA;HQW) 2 - (Intracoastal Waterway) (03-07-59) (SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 11/17/2016 Entry Time: 11:00AM Primary Inspector: Creighton A Brown Secondary Inspector(s): Christine A Hall Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0, Not Compliant Question Areas: a State Stormwater (See attachment summary) Exit Time: 11:30AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Pe rmit: S,%IVBC'C54/ Owner - Prole d: ` :'aterc:a} Cove Flartnere -C Inspection Date: ;197i20sc Inspection ?ype Compliance Evaldation Reason for Visit: Complaint i Inspection; Summary: To bring the site into compliance. the following must be done. Please submit revised plans for approval. Please maintain the pumps to be sure they are working as designed. Please confirm that the infiltration basins are infiltrating properly. Per Condition II. 17, please submit all past semi-annual reports and please remember to submit them going forward. Per Condition II. 9, please submit paperwork to change the ownership of the permit. page: 2 Permit: S1yV8070544 Owner - Project: Waterway Cove Partners LLC Inspection Date: 11117/2016 Inspection Type Compliance Evaluation Reason for visit Complaint File Review Yes No NA NE Is the permit active? K, ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? ■ ■ ■ ■ ■ Copy of the recorded deed restrictions is in the file? ® ❑ ❑ ❑ Comment: A partial certification for Phase 1A was submitted on October 8, 2010. Please remember that per Condition II. 13, upon completion of the construction a final designer's certification must be submitted. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Yes No NA NE ❑ a ❑ ❑ Ion■ ■ w: is the BUA (as pennitted) graded such that the runoff drains to the system? ❑ ❑ ❑ E Comment: Upon review of the Sediment and Erosion Control Plans submitted November 30, 2016, it appears the site plans has changed. One of the notable differences is that tot sizes appear to have increased. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? Ni ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑N ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ K DWQ upon request? Comment: Pump for Infiltration Basin #1 appears not to be working in accordance with the approved design. Infiltration Basin #2 appears to be maintaining a water level beyond the designed drawdown time. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ W ❑ ❑ Comment: Condition 11.17 requires semi-annual reports to be submitted by June 15th and December 15th. A review of the file revealed that semi-annual have not been submitted since December 2010. Condition 11.9 requires approval by the division of any change of ownership. The permittee is listed as Waterwav Cove Partners, LLC. however it appears that WCP 11, LLC owns the remaining development. page: 3 Hall, Christine From: Sams, Dan Sent: Wednesday, November 16, 2016 2:58 PM To: adams@theadamsgroup.com Subject: Waterway Cove - Ocean Isle Beach NC Mr. Adams: Please be aware of the jurisdictional status of the Division of Energy, Mineral and Land Resources insofar as the Dam Safety Program, the Stormwater Program and the Erosion and Sediment Control Program is concerned. 1. None of the dams in Waterway Cove meet the minimum criteria for jurisdiction under the Dam Safety Act, having a structural height below 25 feet in height and an impoundment capacity of less than 50 acre-feet nor does there appear to be a reasonable expectation that failure of the dam could result in loss of human life. A failing exempt dam is not a matter of jurisdiction under the Dam Safety Act. 2. The three lagoons in question all receive stormwater runoff and each has standing volumes of water unrelated to stormwater; therefore, our stormwater approval concerned itself with design volumes above the nonevent water surface in order to store a specific volume to divert to the infiltration ponds proposed on site. Sufficient volume to meet the stormwater requirements exists in the two lower lagoons; therefore, the water volume of the upper lagoon is regarded as.an upstream and nonjurisdictional feature regardless of the stormwater flowing through it. We are not advocating a breach between lagoons, but such a happening would not reduce the storage volume or surface area determinations provided in the approved stormwater application; therefore, a potential breach is not a regulatory matter for the Stormwater Program. 3. Erosion and sediment control requirements can provide some relief. Final banks need to be stable and nonerosive, and our current efforts are being directed to that end. If the solution to bank stabilization is the removal of the uppermost dam, it will need to be done so in a nonerosive manner and revisions in the various plan approvals will become necessary. Otherwise, we will expect bank stabilization. We will know more upon inspection. Your request that we determine if the current developer has financial responsibility for completing the stormwater system construction is a conflation of the documentation requirements of two of our programs, stormwater and erosion and sediment control, and a misinterpretation of our use of the financial responsibility term. We use the term in erosion and sediment control to ask who is paying the bills. We have no way of determining the financial solvency of a particular developer. Unfortunately bankruptcy can occur with alarming regularity, and if it were to occur, subdivision activity would cease without completion. As long as the developer is solvent, we will hold them to regulatory accountability. I hope this addresses your concerns.... Daniel Sams, PE Wilmington Regional Engineer Division of Energy, Mineral, and Land Resources Department of Environmental Quality 910-796-7215 dari.sams@ncdenr.fov '_Nothing Coitt'a , E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Graham Adams[mailto:adams@theadamsgroup.com] Sent: Wednesday, November 16, 2016 11:52 AM To: Sams, Dan <dansams@ncdenr.gov> Cc: Don and Janet Pittman <deearepittman@gmail.com> Subject: Waterway Cove - Ocean Isle Beach NC Hello Dan, I appreciated our phone conversation yesterday and your update of the Waterway Cove development. You have been very helpful in helping us understand the development's construction status and the efforts that your office is exerting to see that the development's construction and engineering is implemented correctly. So that there is not any misunderstanding, I respectfully ask that you respond to the following requests: 1. We request that you observe the condition of the dam #1 - located at the upper lagoon #1. We understand that you are on -site this Thursday. Dam #1 has suffered continuous deterioration for the past 2 to 3 years as evidenced by the site photographs that we delivered to your office in October. We are concerned that dam #1 is failing. The failure of this dam structure compromises the integrated storm water control system for the development. Thus the reason for the request. 2. We request a determination that all 3 lagoon structures are.an integral part of the original engineering storm water design approval for the development. Based upon the approved engineering plans for the development, the storm water drainage system, as currently installed, discharges into all 3 lagoon structures separately. i hus, each lagoon forms a part of the storm water management plan for the development. Your team reports that all 3 of the lagoon structures were original to the approved engineering design for the development. As such, each lagoon structure represents a storm water control aspect critical for the entire development. We understand that each dam and lagoon structure must be performing as engineered in order to have a comprehensive storm water design for the development. So confirmation that all 3 dams and lagoon structures is integral to the engineering approval is important. 3. We request a determination that the current developer has financial responsibility for completing the storm water system construction in accordance with the approved engineering plans — including the remedial repair of any failing dam structures prior to turning the project over to the residents. We are concerned that at the completion of the construction process, the failing dam structures will be turned over to the residents including the remedial dam repair costs. Your staff during our meeting in October made it very clear that the correct completion and final construction approval for the site engineering would be established prior to turning the project over to the residents. During our conversation, you reported several items that we appreciated. They are: 1. You have determined the financial responsibility for the entire development. The person financially responsible is identified as Mr. Chad Whitley. 2. Your office has been in communication with the developer's project engineering team. 3. Your office has disapproved the revised sediment control plan submitted by the developer's engineering team last week. z 4. Your office is awaiting an updated sediment control plan to review. Again, we appreciate the substantial work that you and the DENR team perform for the citizens of NC. if you have any questions, please call me at 980-254-7823. Thanks, Graham Adams Hall, Christine From: Hall, Christine Sent: Thursday, November 10, 2016 3:43 PM To: 'Ronald Wiese' Cc: Mike Ankrum; Scott Cook; Chad Whitley Subject: RE: Waterway Cove Mr. Wiese, Thank you for your e-mail and the pdf of the recorded declaration and protective covenants. I look forward to receiving those semi-annual reports in the near future. I know there has also been discussions on who is currently responsible for the project. If the property has changed hands to WCPII, LLC, then the permit will also need to be transferred to reflect the current responsible entity/entities. The Name/Ownership Change Form can be found under the Misc. Forms and Documents sections on the following website: https://deg.nc.�ov/about; divisions/e�ergy-mineral-land-resources energy-mineral-land-permits/stormwater- permits/forms Thanks again for the e-mail. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hail@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 =ti r �:aii �.c•rrr�si ^.�c: cn to an-1 hom WiS c:d%i`r,: ss i-s- suhject'e the ,Vol fi Ca- ro ina �=-°�; ' -?Pcc; Fs Law arld may he disclosed to ihird p-i-ties, From: Ronald Wiese[mailto:ron.wiese@thecottagesnc.com] Sent: Tuesday, November 08, 2016 3:10 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Mike Ankrum <cbclmikeankrum@gmail.com>; Scott Cook <scott. cook @th ecottages nc. co m >; Chad Whitley <whitleyi nvestment@gma il.com> Subject: Waterway Cove Christine, You sent an Approved Plan Revision / Notice of Inspection - Non Compliant report to Waterway Cove Partners, LLC. on March 14, 2016. There were 2 deficiencies noted in the report that need to be resolved. This was brought to my attention today and I apologize that we have yet to respond. The deficiencies as noted were: 1) Per Condition II.21, please submit a copy of the recorded declaration of protective covenants, restrictions, easements, charges, and liens for Waterway Cove. I have attached a copy of the recorded covenants for your records. 2) Condition II.17 requires semi-annual reports to be submitted by June 15th and December 15th and a review of your files had indicated that no semi-annual reports had been submitted since December 2010. The current ownership group purchased Waterway Cove as a distressed property in 2013. No development activities occurred until 2015. There will not have been any reports during this time period. I will forward the reports from 2015 and 2016 to you in the near future. Please let me know if you have any questions. Ron Wiese Rvnvlq/ G. Wiese, JR, Preconstruction Manager Cottage Building Company Ph 910-343-9202 Fx 910-343-9209 Cell 703-727-9669 w ww.thec: otta�esncxon i N- Ene=,Mineral andLResources ENVIRONMENTAL QUALITY Lyl b October 31, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT and GENERAL PERMIT - NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7013 2630 0002 0760 6809 RETURN RECEIPT REQUESTED NatureWatch LLC ATTN: Chad Whitley 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451-4130 CERTIFIED MAIL 7008 0150 0002 2652 4033 RETURN RECEIPT REQUESTED Cottage Building Company ATIN: Ronald G. Wiese 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451 Secretary TRACY DAVIS CERTIFIED MAIL 7013 2630 0002 0760 6793 RETURN RECEIPT REQUESTED WCP U, LLC ATTN: Wesley S. Hinson 309 Post Office Dr Indian Trail, NC 28079 RE: Project Name: Waterway Cove Project ID: BRLTNS-2008-031 County: Brunswick Compliance Deadlines: 7 days from receipt for SPCA violations 7 days from receipt by certified mail for Construction Stormwater Permit NCG 010000 violations Dear Mr. Whitley, Mr. Hinson and Mr. Wiese: %`Nothing Compares-'-.—'k- StateaFNorth ,?Hna I InAronmentalQualky Noticc of Violations Proj cct: Waterway Cove October 31, 2016 Page 2 of 4 the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Permit - NCG 010000 to Discharge Stormwater Under the National Pollutant Discharge Elimination System for Construction Activities (Construction Stormwater Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately 31 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4 and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations of the SPCA that were found are: 1. Failure to conduct a land -disturbing activity in accordance with the approved erosion and sedimentation control plan. G.S. 113A-57(5). Measures were not installed according to approved plan. 2. Failure to file an acceptable, revised plan after being notified of the need to do so. G.S. 113A-54.1 (b) and 15A NCAC 413.0118 (a). Revised plans were received, but do not show current site conditions. An updated FRO form was received, but not for all disturbed areas. 3. Failure to install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of the SPCA, and rules adopted thereunder, during or after the development of a site. 15 NCAC 4B .0113. No silt fence on active lots and damaged inlet protections The violations of the Construction Stormwater Permit NCG 010000 that were found are: 1. Failure to dewater sediment basin from the surface, NCG 010000 Section II. B. 4) Sediment basins that have a drainage area of greater than one acre shall have outlet structures that withdraw water from the surface. Unapproved sediment trap used for dewatering operations not withdrawing from surface. 2. Failure to install and maintain BMPs and control measures, NCG 010000 Section III.4) The permittee must select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of this permit. Measures not installed according to approved plan. Notice of Violations Waterway Cove October 28, 2016 Page 3 of 4 To correct these violations, you must: 1. Install all sedimentation and erosion control measures as shown on the approved plan, including the following locations: Silt fence and sediment traps/basins at Phase 3. 2. Submit a revised sedimentation and erosion control plan for approval for the following areas: Phase 3 and FRO form. 3. Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage including the following: damaged inlet protection. 4. Outlet structures shall be utilized that withdraw water from the surface. 5. Install temporary sediment traps or basins and associated diversions as shown on the approved plan, including the following locations: Phase 3. SPCA Violations The violations of the SPCA cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for an initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an amount notto exceed $5,000.00. The Division of Energy, Mineral and Land Resources is not required to provide a time period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. In addition, if the violations of the SPCA cited herein are not corrected within 7 calendar days of receipt of this Notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed $5,000.00 per day. Construction Stormwater Permit NCG 010000 Violations The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to the Director of the Division of Energy, Mineral and Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have (up to 20) calendar days from receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Notice of Violations Waterway Cove October 28, 2016 Page 4 of 4 Accordingly, you are directed to respond to this letter in writing within 7 calendar days of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: 1. The date by which the corrective actions listed above have been or will be completed. 2. Rainfall data and self -inspection or self -monitoring records from 9/1/16 to present 3. A plan of action to prevent future violations. 4. A plan for restoration of sedimentation damage. 5. Reasons why a civil penalty should not be assessed. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the SPCA and Construction Stormwater Permit NCG 010000. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the project is in compliance with the SPCA and Construction Stormwater Permit NCG 010000 until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the SPCA and Construction Stormwater Permit NCG 010000. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact either Creighton Brown or me at your earliest convenience. Sincerely, a Daniel Sams, P.E. C✓ Land Quality Section Enclosures: Sedimentation Inspection Report Construction Stormwater Permit NCG 010000 Financial Responsibility Form (if cited for no plan) Erosion Control Plan Checklist (if cited for no plan) cc: State Sedimentation Specialist Georgette Scott, Regional Water Quality Supervisor L _ -19-11 �1`_ _ North Carolina Department of Environmental Quality Land Quality Section: 127 Cardinal Dr Extension Wilmington, NC 28405, Phone: 910-796-7215 COUNTY: Brunswick PROJECT: Waterway Cove RIVER BASIN: LUMBER PERSON FINANCIALLY RESPONSIBLE: Chad Whitley, NatureWatch LLC PROJECT# BRUNS-2008-031 ADDRESS: 1105 NEW POINTE BLVD SUITE 6 LELAND NC 28451-4130 1. PROJECT LOCATION: NC 904/179 Ocean Isle Beach NC Pictures: Video: Digital: 2. Weather and Soil Conditions: SUNNY AND WORKABLE CASE # First Inspection -.NO 3. Is site currently under Notice of Violation? NO 4. Is the site in compliance with S.P.C.A. and rules? NO 5. Violations: b. Failure to follow approved plan - G.S. 113A-57(5)and Failure to implement the erosion and sedimentation control plan, NCG 010000 Section III. 3) (a) c. Failure to submit revised plan -Failure to submit revised plan, G.S. 113A-54A (.b) and 15A N.C.A.C. 4B.011. 18(a) j. Failure to maintain measures -15A N.C.A.C. 4B.0113 6. Is the site in compliance with NPDES Permit NCG 010000?: NO q. Failure to dewater sediment basin from the surface NCG 010000 Section II. B. (4) s. Failure to install and maintain BMPs and control measures NCG 010000 Section III. (4) 7. Has Sedimentation Damage occurred since last inpections? NO Lake/natural watercourse on the tract: Description: Degree of Damage: Lake/natural watercourse off the tract: Other Property: Stormwater Discharge Outfall with high turbidity or sedimentation loss: 8. Contact Made with ( Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE 9. Corrective Actions Needed: Title: Date Given/Sent: OCT 28, 2016 Install all sedimentation and erosion control measures as shown on the approved plan, including the following locations: Silt fence _and sediment traps/basins at Phase 3. Submit a revised sedimentation -and erosion control plan for approval for the following areas: Phase 3 to show current site conditions and FRO form for all disturbed areas. _ _ _ __ Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage including the following: silt fence on lots under construction and damaged inlet protection Outlet structures shall be utilized that withdraw water from the surface. Install temporary sediment traps or basins and associated diversions as shown on the approved plan, including the following locations: Phase 3 10. COMMENTS: Install erosion control measures (silt fence and sediment basins/traps) per approved plan Revised plans received, but do not show current site conditions. Silt fence installed in various locations and one sediment basin being installed while onsite. Sediment trap used for dewatering operations not withdrawing from surface. Updated FRO for was received, but not for all disturbed areas. Silt fence needs to be installed on lots under construction where sediment entering roads Damaged inlet protections need to be replaced.. Re -Inspection Due to Non -Compliant Sedimentation Inspection_ Report By: Creighton Brown Others Present: Date of Inspection: OCT 21, 2016 " Time Arriving on Site: 11:45 AM Time Leaving Site: 12:45 PM cc; CBC1MIKEANKRUM@GMAIL.COM; WHITLEYINVESTMENT@GMAIL.COM; WESLEY S. HINSON - WCP II, LLC Revision Date 10/1612015 Page 1 of 2 SIGN UP SHEET SCOPING MEETING Waterway Cove Scoping Meeting Brunswick County ------------------------------------------------------------------------------------------------------------------------------------ 10/13/2016 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7303 Cameron.Weaver@ncdenr.gov Sean Farrrell DCM 910-796-7424. Sean..Farrell @ncdenr.gov Christine Hall DEMLR-SW 910-796-7335 Christine.Hall@ncdenr.gov Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda.Hall@ncdenr.gov Creighton Brown DEMLR 910-796-7230 Creighton. Brown@ncdenr. ov Don Pittman Waterway Cove HOA 704-718-7658 Graham Adams Waterway Cove HOA 980-254-7823 *Conference line X Not Available NCDENR WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004