SW8031207_COMPLIANCE_20040518

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 52�1� l
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
VD COMPLIANCE EVALUATION INSPECTION
DOC DATE
2i�l>5?Sl
YYYYMMDD

NEW HANOVER COUNTY
Beth Easley Wetherill, C.P E S C
Soil Erosion Specialist
May 7, 2004
Mr Jon Mason
White Oak Apartments, LP
Engineering Department
230 Market Place Drive, Suite 160 Z?004
Wilmington, North Carolina 28403TELEPHONE [phone] My
V�
Post Office Box 10284 X
Wilmington, North Carolina 28404 1
CERTIFIED
RE: Notice of Violation of Land Disturbing Activity
Grading Permit GP#: 53-03, Revision to GP 54-01 for Palm Coast Condominiums
Description of Violation(s) : It appears land disturbing activity has taken place
outside the approved limits of disturbance adjacent to the projects entrance without
approval of a revised plan
Dear Mr Mason
This letter constitutes Notice of Violation of Section 23-248(a), Section 23-248(1),
Section 23-2480), Section 23-250(b), Section 23-251(a)(1), Section 23-251(a)(2), Section 23-
251(b) and Section 23-252(a) of the New Hanover County's Soil Erosion and Sedimentation
Control Ordinance
Section 23-248 Erosion and Sedimentation Control Plans states -
(a) An erosion control plan shall be prepared for all land disturbing activities
subject to this article whenever the proposed activity is to be undertaken on
a tract comprising more than one acre, if more than one acre is to be
uncovered The plan shall be filed with the County Engineering
Department, the New Hanover Soil and Water Conservation District, and
for areas outside municipal corporate limits, the County Planning
Department, at least 30 days prior to the commencement of the proposed
activity

r
3
Page Two
Section 23-248 Erosion and Sedimentation Control Plans states:
(i) Applications for amendment of an erosion control plan in written and/or
graphic form may be made at any time under the same conditions as the
original application Until such time as said amendment is approved by the
County, the land disturbing activity shall not proceed except in accordance
with the erosion control plan as originally approved
Section 23-248 Erosion and Sedimentation Control Plans states:
0) Any person engaged in land disturbing activity who fails to file a plan in
accordance with the ordinance or who conducts a land disturbing activity except
in accordance with „provisions„of an approved plan shall be deemed in violation
of this article.
Section 23-250 Inspections and Investigations states:
(b) If through an inspection it is determined that a person engaged in land
disturbing activity has failed to comply with the act, this article, or rules or orders
adopted or issued pursuant to this article, or has failed to comply with an approved
plan, a notice of violation shall be served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice The notice shall set
forth the measures necessary to achieve compliance with the plan, specify a
reasonable time period within which such measures must be completed, and warn
that failure to correct the violation within the time period will result in additional
civil and criminal penalties for a continuing violation However, no time period for
compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties If the person
engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated
Section 23-251 Penalties states:
(a)(1) Civil Penalties Any person who violates any of the provisions of this article,
or rules or orders adopted or issued pursuant to this article, or order adopted or
issued pursuant to this article by the commission, or who initiates or continues a
land disturbing activity for which an erosion control plan is required except in
accordance with the terms, conditions, and provisions of an approved plan, shall
be subject to a civil penalty The maximum civil penalty for a violation is $5,000 00
per calendar day A civil penalty maybe assessed from the date of violation Each
day of a continuing violation shall constitute a separate violation The person
alleged to be in violation will be notified of the violation by registered or certified

Page Three
mail, return receipt requested, or other means reasonably calculated to give actual
notice The notice shall describe the violation with reasonable particularity, specify
a reasonable time period within which the violation must be corrected, and warn
that failure to correct the violation within the time period will result in the
assessment of a civil penalty or other enforcement action If, after the allotted time
period has expired, the violator has not completed corrective action, a civil penalty
may be assessed from the date of the notice of violation However, no time period
for compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an
authorized representative while in the process of carrying out his official duties
Each day of continuing violation shall constitute a separate violation
Section 23-251 Penalties states:
(a)(2) Civil Penalties The County Manager or his designee, shall determine the
amount of the civil penalty to be assessed under this subsection and shall notify the
person who is assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty In determining the amount of the penalty the County
Manager or his designee shall consider the degree and extent of harm caused by the
violation and the cost of rectifying the damage, the amount of money the violator
saved by noncompliance, whether the violation was comrrutted willfully, and the
prior record of the violator in complying or failing to comply with this article and
shall direct the violator to either pay the assessment or contest the assessment
within 30 days after the receipt of the notice of assessment, by written demand for
a hearing before the Board of County Commissioners Notice of the assessment
shall be by registered or certified mail or other means reasonably calculated to give
actual notice
Section 23-251 Penalties states:
(b) Criminal Penalties Any person who knowingly or willfully violates any
provision of this article, or rule or order adopted or issued pursuant to this article,
or who knowingly or willfully initiates or continues a land disturbing activity for
which an erosion control plan is required except in accordance with terms,
conditions, and provisions or an approved plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed $5,000 00 per calendar day
Section 23-252(a) Injunctive Relief states:
Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate dus article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion

Page Four
control plan, it may, either before or after the institution of any other action or
proceeding authorized by this article, institute a civil action in the name of the
county, for injunctive relief to restrain the violation or threatened violation The
action shall be brought in the superior court of the county
Corrective measure(s) needed: Stop all actives outside the originally approved limits of
disturbance and stabilize this area within fifteen (15) working days or thirty (30) calendar
days whichever is shorter
You can contact Beth Easley Wetherill, Erosion Control Specialist, Engineering
Department, 230 Market Place Drive, Suite 160, Wilmington, North Carolina 28403, (910)
798-7139, regarding the required compliance action
Sincerely,
Beth Easley Wetherill
NHC Soil Erosion Specialist
cc Dave Weaver, Assistant County Manager
Gregory R Thompson, P E , County Engineer
Kemp Burpeau, Deputy County Attorney
Linda Lewis, DENR Stormwater
Mark Boyer, NHC Public Information
Jimmy Walker, Elite Construction Company, Inc
Phillip Tripp, P E , Tripp Engineering
BEW/ aj

2/26/2004 White Oaks Apartments Stormwater 03084
CDC Infiltration Bann
10-year Storm
WATERSHED DATA
Total Drainage Area
sq ft' acres
293 158 673
Impervious Area
Land Use
sq ft
acres
buildings
28,300
065
arkin las halt
43,320
099
concrete
11,575
027
Total
83,195
191
INFILTRATION SYSTEM
Rv= 0 31 in/in
Design Rainfall= is
% impervious = 0 284
= 28 4%
say 29 0%
CPRE = 025
CPOST = (% imp )( 95)+(1-% imp )( 25)
045
12 = 5 06 inlhr
110 = 6 30 inlhr
125 = 7 13 inlhr
Volume of first one and one half inches of runoff = (Design rainfall) (Rv) (Drainage Area)
V= 11,397 cu-ft
Total Volume provided ((Bottom Area + Flood Area)12) x (Flood Elevation + Bottom Elevation)
Area (so Elevabon(ft)
Vt = 36,036 cu-ft Bottom 17,979 290
Flood 23,205 3075
DRAWDOWN RATE
RATE OF INFILTRATION 0 7 IN/HR It
DEPTH OF BASIN 33 IN �111 � i
DRAW DOWN RATE 47 4428571 H R S
CAROZ
US
:Q SEAL �� y
`•: 17374
GR
fff111tE11`\\
RECEIVED
MAR 0 9 '2004
DWQ
PROd # ? 0 312U�-

Job No 12.-3-O3
Date Pil ?2Q %4
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone [phone] - FAX [phone]
Email tnppeng@ec rr cam
LETTER OF TRANSMITTAL
To RR�
Attention4404t✓r" tex
Subject
FAX TRANSMITTAL NUMBER OF PAGES INCLUDES COVER
I am sending you ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
These are transmitted as I'For
ed below
( ) For Approval ( ur Use ( ) Sign & Return ( )Review
Remarks
cc
01W.- .- 11

TRIPP ENGINEERINGs P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone [phone] • FAX [phone]
October 22, 2003
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: White Oak Apartments
New Hanover County, NC
TE 003084
Dear Linda
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, two (2) sets of calculations and one check for
the application fee Please note we have ordered a soils test for this site We will provide
a copy of the report along with an infiltration basin supplement when we receive the
results
Please review for approval and contact us with any questions, comments or if you
need additional information Thank you
Sincerely,
Tripp Engineering, P.C.
Jennifer Rohde
JLR dcb
Enc.
RECEIVED
OCT 2 3 2003
BY:�

r
October 21, 2003
Stormwater Narrative
Whyte Oak Apartments
New Hanover County, NC
TE 03084
White Oak Apartments is an existing 3 67 acre vacant tract A residential apartment
building of 28,300 sf with 36,798 sf of asphalt parking and access area, and 11,493 sf of
concrete sidewalk is proposed Total impervious area for the site is 76,591 sf or 26%
The site is considered high density and will be treated by an open infiltration basin The
proposed system will be sized to meet the states 1" requirement as well as the county's pre -
post outflow limitation The site drains to a tributary to Pages Creek, classification SA