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HomeMy WebLinkAboutSW7070108_HISTORICAL FILE_20200727STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW%(Z7tJ7 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE��7 YYYYMMDD VVII ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA £nvlronntmW Quaftty July 27, 2020 NC4 Windsor, LLC Attention: CT Corporation System, Registered Agent ` 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Subject: Stormwater Permit Renewal Stormwater Management Permit SV 7070108 Chancellor Health Services Assisted Living Windsor, NC, Bertie County Dear Sir: A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7070108 for a stormwater treatment system consisting of two bioretention areas and one infiltration basin serving the Chancellor Health Services Assisted Living Facility located at 336 S. Rhodes Ave., Windsor, NC expires on January 29, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. It was noted on the Bertie County tax maps that this property is now owned by NC4 Windsor, LL. Stormwater permits are not automatically transferred when property is sold. Please submit a completed permit renewal application and a transfer of ownership application along with a $505.00 fee. Permit application forms for renewal and transfer of ownership can be found on our website at: https //deq nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-oroeram/host-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner -to assessment of civil penalties If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger.thorpe(a)ncdenr.pov. Sincerely, Roger K. Thorpe ' Environmental Engineer ® Q� North Carolina Department of Environmental Quaihy I Division of Energy, Mineral and land Resources Washington Regional Office 1.943 Washington Square Mall I Washington, North Carolina 27889 252946.6481 CA201910602470 LIMITED LIABILITY COMPANY ANN razor NAME OF LIMITED LIABILITY COMPANY: NC4 Windsor, LLC Fictitious Name, if any, used in North Carolina: SECRETARY OF STATE ID NUMBER: 1272514 REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: REGISTERED AGENT'S INFORMATION SOSID:1272514 Date Filed: 4/16/2019 11:59:00 PM Elaine F. Marshall North Carolina Secretary of State CA2019 106 02470 STATE OF FORMATION: DE ❑ ❑ 1. NAME OF REGISTERED AGENT: CT Corporation System 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 160 Mine Lake Ct Ste 200 FoChInges SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Wake Raleigh, NC 27615 Wake SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Senior Housing Property Holding Company 2. PRINCIPAL OFFICE PHONE NUMBER: (852) 231-8181 8 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 8 Wang Hoi Rd Ste 22F 8 Wang Hoi Rd Ste 22F Kowloon Bay, XX Kowloon Bay, XX 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: NC3 Windsor, LLC TITLE: Managing Member ADDRESS: 8 Wang Hoi Rd Ste 22F Kowloon Bay. XX NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNIkL REPORT. Section D must be completed in its entirety by a person/business entity. lk!�j 26th March 2019 DATE Form must be signed by a Company O I listen a der Section C of This form. MA Chi Wing Director of NC3 Windsor, LLC Print or Type Name of Company Official Print or Type Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525. Raleigh, NC 27626-0525 336 5 . P,ti oc--G1 4wc of wnrF \Q� 9oG Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 1 Y Coleco Sullins, Director Division of Water Quality March 26, 2008 Charles E Trefzger Bertie Health Investors, LLC P.O. Box 2568 Hickory, NC 28603-2568 SUBJECT: Dear Mr. Trefzger, MAR, 312008 4J mV O—JAR® Acknowledgment of Receipt of Payment Case No. CV-2007-0007 Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Bertie County This letter is to acknowledge receipt of check # 1766 dated February 22, 2008 from Spinnaker Development of Hickory, LLC in the amount of $5,341.56 received on February 22, 2008. The balance of the penalty is $0.00. ]'his payment satisfies in full the civil penalty assessment for case number CV-2007-0007 and upon check clearance, this enforcement case will be closed. Payment of this penalty in no way precludes further action by this Division for continuing or future violations. You are encouraged to contact Al Hodge or Scott Vinson with the DWQ Washington Regional Office at (252) 946-6481 if you need assistance in achieving compliance at the site. If you have any questions please call Shelton Sullivan at (919) 733-5083 ext. 544. IncerSi Shelton Sullivan NPS Assistance & Compliance Oversight Unit cc: Al Hodge— DWQ Washington Regional Office Supervisor Scott Vinson — DWQ Washington Regional Office Staff NPS Assistance & Compliance Oversight Unit — File Copy DWQ Central Files N mhCarolina Xnturall# North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterow I'tv ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/i 0 % Post Consumer Paper Permit Number ` Program Category State SW Permit Type State Stormwater Primary Reviewer scott.vinson Coastal SWRule Coastal Stormwater - 1995 Permitted Flow Facility Name Chancellor Health Services Assisted Living Facility - Express Rhodes�Ave S Owner NC 27983 Central Files: APS _ SWP _ 9/22/2014 Permit Tracking Slip Status Project Type Active New Project Version Permit Classification 1.00 Individual Permit Contact Affiliation Major/Minor Region Minor Washington County Bartle Facility Contact Affiliation Owner Name Owner Type Benie Health Investors LLC Non -Government Owner Affiliation Charles E. Trefzger 46 W Third St Nw Dates/Events Hickory NC 28601 Scheduled Orig Issue App Received Draft Initialed Issuance Public Notice Issue Effective Expiration 1/292007 1/5/2007 1/29/2007 1/292007 1/29/2021 _Regulated Activities Requested /Received Events Stale Stormwater - HD - Other Deed restriction requested State Stormwater - Infiltration System Deed restriction received Q Additional information requested 1/16/07 n" lC Additional information received 1126/07 Outfall Waterbody Name Streamindex Number Current Class Subbasin ti-- C� 13:36 FEB 01, 2009 ID: OFFICE. DENP TEL NO: 252-975-3716 #13273 PAGE: 2/3 Feb-bl Cp3 12.,'33p Hobbs,Upchurch & Associat 910-270-5548 p.l f` Hobbs, Upchurch & Associates, P.A. 14878 US I-1%kv 17 ENGINEERING I SURVEYING PLANNING Suite 5 Y.O. Sox 1400 Phone: 910-270-5520 FAX: 910-270-5548 Hampstead, NC 28443 TO: n `I Ji,I�2 l_ FROM: Jeff Thompson i rhompson(�hobbsupchurch. co rn Suss: NA e c t -L-, you Wi Mom, GCS d/� g DATE: PAGE(S): (including, cover) 14 y 13:36 FEB 01, 200e ID: OFFICE, DENR TEL NO: 252-975-3716 *13272 PAGE: 3i3 Feb"'O1 0,0 12-.33p Hobbs,Upchurch & Rssociat 910-270-5548 p.2 MHobbs, Upchurch & Associates, P.A. Consulting Engineers 14878 US Hwy 17 - Suite 5 . Hampstead, NC 28443 Co e Mr. John Sherrod J 7"7 Wishon & Carter Builders 1412 W. Main Street P.O. Box 1719 Yadkinville., NC 27055 RE: Chancellor I Iealth Assisted L ving Site Windsor, Berrie County Stormwater Inspection 1-31-08 Dear Mr. Sherrod At your request, I visited the subject site yesterday to inspect tite site for compliance with the stormwater pernuc issued by the state. Others present included you, Tim Phelps (Phelps and White), and Ben Bunch (the owner's representative). It appeared char great improvements had been made to the site since my Christmas Eve visit. I expect to be able to certify the site with only a few qualifications. However, ulrimate acceptance will be determined by the State. Mr. Phelps indicated that represenrarives from the State had recently visited the site and slid not mention any issues. If you have questions regarding this notification, or if you require additional information, please feel free to contact me at (910) 270-5520. Sincerely, HOBBS, UPCHURCH & ASSOCIATE.S, P.A. Jeff Thompson Project Manager Cc: Al Hodge, DWQ Tim Phelps, Phelps & White Ben Bunch, Owner's Representative Hampstead, NC a Telephone 910-270-5520 . Fax 910-270-5548 . email: ithompson@hobbsupchurch.com SOuthem Pines . Nags Head . Charlotte . Beaufort 014:04 FEB 01, 2008 ID: OFFICE. DENP. TEL NO: 252-975-3716 #13275 PAGE: 2/3 P'eb 01 08 12:19p Hobbs,Upchurch & Rssociat 910-270-5548 p.i Hobbs, Upchurch & Associates, P.A. 14878 US Hwy I7 ENGINEERING I SURVEYING PLANNING Suite S lqj p.0. Box 1400 Phone: 910-270-5520 FAX: 910-270-5548 Hampstead, NC 28443 A - TO: DATE: J / I I .� ! �� FROM: Jeff'rhompson PAGE(S): n l ithompsonGj'hobbsupcliurch.com (including cover) SUB: 114:04 FEB 01, 2009 ID: OFFICE• DENR TEL NO: 252-975-3716 #13275 PAGE: 3/3 Feb 01 08.;12:,19p Hobbs,Upchurch & Rssociat 910-270-5548 p.2 Hobbs, Upchurch & Associates, P.A. Consulting Engineers 12- 14878 US Hwy 17 - Suite 5 • Hampstead, NC 28443 December 30, 2007 Mt. J olw Shcrrod Wishon & Carter Builders 1412 W. Main Street P.O. Box 1719 Yadkinville, NC 27055 RE: Chancellor Health Assisted Living Site Windsor, Berrie County Stormwater Inspection 1-31-C8 Dear IN -It. Sherrod At vour request, I visited the subject site yesterday to inspect the site for compliance with the stormwater peruut issued by the state. Others present included you, Tun Phelps (Phelps and White), and Ben Bunch (the owner's representative). It appeared that great improvements had been made to the site since my Christmas Lye visit. I expect to he able to certify the site with only a few qualifications-. However, ultimate acceptance will be determined by the State. NMI:. Phelps indicated that representatives from the State had recently visited the site and did not mention any issues. If you have questions regarding this notification, or if you require additional information, please feet free to contact me at (910) 270-5520. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. 6 sL Jeff Thompson Project Manager Cc: Al Hodge, DWQ Tim Phelps, Phelps & White Ben Bunch, Owner's Representative Hampstead. NC . Telephone 910-270-5520 • Fax 910-270-5548 • email: jthompson@hobbsupchurch.00m Southern Pines • Nags Head . Charlotte . Beaufort a siniip� O Skate U]" NOI"th Car.O[111a REPLY'ro: Francis W. Crawley Environmental Division 1)('1xil"In1clu of .111511CG 9001 Mail service Center TROY CUOI'I:IR PO 13ON G29 Raleigh, N.C.27699-9001 ,rrr(n<r,rc nenunnr 91 716-6 �/ Rmcigh, North C�Iroli io �911t6 6 EIYE® 27G(12 January 23, 2008 JAN 2 4 2008 Bell, Davis & Pitt, Reg. Agent CERTIFIED MAIL Dpp, O—WA R® Bertie Health Investors, LLC RETURN RECEIPT YV/°1 P.O. Box 21029 Winston-Salem, N. C. 27120-1029 RE: Assessment of Civil Penalties Against Bertie Health investors, LLC CV 2007-0007 Dear Sir: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing a civil penalty and investigative costs as set forth in the decision document. According to North Carolina General Statutes §143-215.5 and §150B-45, the companymay seek judicial review of the Commission's decision in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decision. Otherwise, payment of the civil penalty assessment and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the company fails to pay the penalty within 30 days of receipt of the final decision document or according to a payment schedule, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, a�,-L is W. Crawley Special Deputy Attorney General Commission Counsel Enclosure cc: Chmies Trefzger Lois Thomas STATE OF NORTH CAROLINA COUNTY OF BERTIE IN THE MATTER OF: ) Assessment of Civil Penalties ) Against ) BERTIE HEALTH INVESTORS, LLC ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION CV 2007-0007 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on January 10, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against Bettie Health Investors, LLC in the amount of $5,341.56 ($5,000.00 plus $341.56 investigative costs). Bertie Health Investors, LLC's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. Bertie Health Investors, LLC did not request oral argument; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Bertie Health Investors, LLC, that the Findings of Fact support the Conclusions of Law, and that the Director properly applied the criteria set forth in N.C.G.S. §14313-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds shown for remission or reduction of the penally assessed by the Director for violation of 15A NCAC 2H .1003 by .. :• -2- beginning construction before obtaining a required Stonnwater Management Perinit at the site of the project known as Chancellor Health Services Assisted Living Facility in Berrie County. Upon duly made motion and vote, the Committee finds that the assessment of the civil penalty and costs in the amount of $5,341.56 ($5,000.00 civil penalty plus $341.56 investigation costs) should be upheld. THEREFORE, 1T IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $5,341.56 against Bertie Health Investors, LLC is AFFIRMED. 2. That this Final Decision and Order be served upon Bertie Health Investors, LLC and upon receipt hereof, the amount of $5,341.56 be paid to the Department of Environment and Natural Resources within thirty days as required by law. This the day of January, 2008. J. ickson Phillips, I I, Acting Chai In Committee on Civil Penalty Remissions -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Bell, Davis & Pitt, Reg. Agent Bertie Health Investors, LLC P. O. Box 21029 Winston-Salem, N. C. 27120-1029 Mr. Charles E. Trefzger, Manager Bertie Health Investors, LLC 46 West Third Street Hickory, N. C. 28601 Mr. Alton Hodge DAQ Regional Supervisor 943 Washington Square Mall Washington, N. C. 27889 This the day of January, 2008. CERTIFIED MAIL RETURN RECEIPT U.S. MAIL COURIER MAIL ROY COOPER Attorney General '° I'_.? C""_ Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 A rF9 pG Charles E. Trefzger, Manager Bertie Health Investors, LLC PO Box 2568 Hickory, NC 28603-2568 Michael F. Easley, Governor North Carolina Department of EnviWilliam ronment and Natural Resources Coleco H. Sullins, Director Division of Ware, Quality December 19, 2007 CERTIFIED MAIL # 7003 2260 0005 5382 9134 RETURN RECEIPT REQUESTED SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(I) Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Case Number CV-2007-0007 Bertie County Dear Sir: A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, January 10, 2008. X No request for oral presentation was made. You may attend this meeting, but you will not be Permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a Corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. No hCarolina North Carolina Division of Water Quality 1617 Mail Service Center ✓ ✓r7i1lCR�IIf Irate R I i h me: www ncwal raunln o�9. Location: 512 N. Salisbury St. Raleig9 1617 Phone (919) 733-5083 gh, NC 276 Fax (919) 733-9612 Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/i o % Post Consumer Paper rr Bertie Health Investors, LLC Request for Remission of Civil Penalty Case No. CV-2007-0007 Page 2 of 2 Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is.informed that a violation of the State Bar occurs. Time and Location of Mectinlz The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determinedby its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Niki Maher of the Wetlands and Stormwater Branch of the DWQ at (919) 733-5083, extension 226. Sincerely, �,,yC� 5" Coleen Sullins Enclosure cc: Al Hodge / Scott Vinson—DWQ Washington Regional Office Kevin Bowden—DWQ Regional Operations NPS ACO Unit — File Copy DWQ Central Files DEC 2 i 711p) � A W 9 Michael F. Easley, Governor J/�QG William G. Ross Jr., Secretary V r North Carolina Department of Environment and Natural Resources T Coleen H. Sullins, Director Division of Water Quality September 4, 2007 Charles E. Ti•efzger, Manager Bertie Health Investors, LLC PO Box 2568 SEP 0 Hickory, NC 28603-2568 DWQ- ARO RE: Request for Remission of Civil Penalty Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Bertie County CV-2007-0007 Dear Sir: On June 20, 2007, the Division of Water Quality (DWQ) sent you a letter stating that the Director of the North Carolina DWQ considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,341.56. This letter clearly explained that you could have paid the penalty or you could have the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee) make the final decision on your remission request. As of September 4, 2007, DWQ records indicate that you have not submitted a payment, nor have you requested an oral presentation before the Committee. Therefore, your request for remission with supporting documents, and the recommendation of the Director of DWQ, has been delivered to the Committee and a decision will be based upon the written record. You will be notified when your request has been placed on the Committee's agenda. Should you have any questions, please feel free to contact Shelton Sullivan at (919) 733- 5083 ext. 544. Sincerely, Karen HJggJns NPS Assistance and Compliance Oversight Unit cc: Al -Hodge/ Scott Vinson—DWQ Washington Regional Office Jennifer 1. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029 NPS Assistance and Compliance Oversight Unit — File Copy DWQ Central Files North Carolina Division of Water Quality 1617 Mail service Cemer Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internee www.ncwaterquaiity.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 e Marolin rally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l o% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C� June 20, 2007 Charles E. Trefzger, Manager Bertie Health Investors, LLC PO Box 2568 Hickory, NC 28603-2568 Coleen H. Sullins, Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0005 5380 5893 Subject: Request for Remission of Civil Penalty Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Bertie County. CV-2007-0007 Dear Sir: In accordance with North Carolina General Statute 143-215.6A(f), I, the Director of the North Carolina Division of Water Quality, considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $5,341.56. There are two options available to you: 1) You may pay the penalty. If you decide to pay the penalty at this stage of the remission process, please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Danny Smith NC DENR-DWQ — Wetlands and Stormwater Branch NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1601 2) You may decide to have the Environmental Management Commission's Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 N"o�,Carolin Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled170% Post Consumer Paper . t . Berrie Health Investors, LLC Case No. CV-2007-0007 Berlie County Page 2 of 2 If you or your representative would like to speak before the Committee, you must complete and return the attached form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Danny Smith NC DENR-DWQ — Wetlands and Stormwater Branch RECEIVED NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center uJN 2 b 100/ Raleigh, North Carolina 27699-1617 Dwa- The Environmental Management Commission (EMC) Chairman will review the supporting r�AITU documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Karen Higgins at (919) 733-5083 ext. 574 or Danny Smith at ext. 353. Sincerely, 0,0 n/1 ' Coleen H Sullins CHS/sds cc: Al Hodge — DWQ Washington Regional Office Supervisor .Scott Vinson— DWQ Washington Regional Office, . Jennifer I. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029 NPS Assistance and Compliance Oversight Unit — File Copy DWQ.Central Files STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Bertie CASE NUMBER CV-2007-0007 IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION OF CIVIL PENALTIES AGAINST: ) Bertie Health Investors, LLC ) I hereby request the opportunity to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE s-✓ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 24, 2007 Charles E. Trefzger, Manager Bettie Health Investors, LLC PO Box 2568 Hickory, NC 28603-2568 Alan W. Klimek, P.E. Director Division of Water Quality "Oiil o a too DVYCA'NiVARO RE: Request for Remission of Civil Penalty Bettie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Bettie County CV-2007-0007 Dear Mr. Trefzger: The Division of Water Quality has received your request for remission of civil penalty dated May 18, 2007, with accompanying support information. Your request will be presented to the Director of the Division of Water Quality and you will be notified of the results: — Should you have any questions, please feel free to call me at (919) 733-5083 ext. 574. Sincerely, KarenHiggins 00NPS Assistance and Compliance Oversight Unit cc: '\ACHodge-DWQ Washington Regional Office Supervisor _A Jennifer I. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029 NPS Assistance and Compliance Oversight Unit — File Copy DWQ Central Files N"rehcarolin yalt"U1 g North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Intemen www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF BERTIE IN THE MATTER OF ASSESSMENT OFCIVIL PENALTIES AGAINST BERTIE HEALTH INVESTORS, LLC CHANCELLOR HEALTH SERVICES ASSISTED LIVING FACILITY DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ) WAIVER OF RIGHT TO AN ADMTNSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO, CV-2007-0007 Having been assessed civil penalties totaling$ 5,341.56 for violation(s) asset forth in the assessment document of the Division of Water Quality dated April 20, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment, No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the 18 TN day c Al)lltCL'JJ 94J�GKOR y� i►'C aCB(i�g^.4SGP TELEPHONE �d d• 3�� •sS3,f LJ MAY 2 1 2007 DENR - WA WetlandsA lcn JUSTIFICATION FOR REMISSION REQUEST II°1 L� ll DWQ Case Number: CV-2007-0007 County: Berne MAY 2 1 2007 Assessed Party: Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facility DENR WATER DUAL Amount Assessed: $ 5,341.56 wedanaa 3 Stormwal ra Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative flearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe supP9rt your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N,C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); X (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); X (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATiON(attach additional pages as necessary): See attached Exhibit A. EXHIBIT A To the best knowledge of Bertie Health Investors, LLC (`Bertie")": (b) (d) 1. Upon being notified of the violation, Bertie's contractors immediately discontinued any further disturbance to the site that would have an increased impact on the wetlands. 2. Bertie's contractors immediately began work with a design fimi to correct potential hazards and apply for the proper permits, and Bertie's contractors eventually received SW7070108. 3. Bertie's contractors constantly monitored daily conditions of temporary protective means such as silt fence and rip -rap put into place to control such hazards until proper infrastructures could be applied. 1. Bet -tic has never been assessed any penalties for any previous violations. #387331 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 20, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0000 8384 3879 Mr. Charles E. Trefzger, Manager Bettie Health Investors, LLC 46 West Third Street NW Hickory, NC 28601 SUBJECT: Assessment of Civil Penalties Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facilities Bertie County Case No. CV-2007-0007 Dear Mr. Trefzger. This letter transmits notice of a civil penalty assessed against Bertie Health Investors, LLC in the amount of $5,341.56, which includes $341.56 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Shelton Sullivan NC DWQ — Wetlands & Stormwater Branch —NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NO North Carolina Division of Water Quality 943 Washington Sq. Mall Phone (252) 946 - 6481 Internet: h2o.enr.stale.nc.us Washington, NC 27889 FAX (252)946-9215 An Equal OpportunitylAffrmative Action Employer - 50% Recycled110% Post Consumer Paper Page 2 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Shelton Sullivan NC DWQ — Wetlands & Stormwater Branch — NPSAssistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 No 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Page 3 mug Mail or hand -deliver a copy of the petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 And to: Mr. Shelton Sullivan NC DWQ — Wetlands & StormNvater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations that occur after the review period of this assessment. If you have any questions, please contact me at (252) 948-3844. Sincerely, AI odge, Regional Supervisor Surface Water Protection Washington Regional Office Division of Water Quality ATTACHMENTS cc: WARO -Files DWQ - Wetlands & Stonnwater Branch - NPS Assistance & Compliance Oversight Unit DWQ - Central Files Susan Massengale, PIO Shelton Sullivan, DWQ—Central Office STATE OF NORTH CAROLINA COUNTY OF BERTIE. IN THE MATTER OF: BERTIE HEALTH INVESTORS, LLC CHANCELLOR HEALTH SERVICES ASSISTED LIVING FACILITY FOR VIOLATIONS OF 15A NCAC 2H .1003 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Case No. CV-2007-0007 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Al Hodge, of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Bertie Health Investors, LLC is a Corporation organized and existing under the laws of the State of North Carolina, which owns and has developed a site known as Chancellor Health Services Assisted Living Facility. B. On January 5, 2007, DWQ Washington Regional Office received a stormwater permit application for the Chancellor Health Services Assisted Living Facility from Bertie Health Investors, LLC. C. On January 16, 2007, DWQ staff from the Washington Regional Office inspected the Chancellor Health Services Assisted Living Facility site and observed that construction of the building had started. The building resulted in an increase in impervious surface at this site or otherwise decreased the infiltration of precipitation into the soils. D. For development activities located within the 20 coastal counties, a State Stormwater Management Permit is required by NCGS 143-215.1 and 15A NCAC 2H .1003 for development activities that require a Coastal Area Management Act Major Permit or an Erosion & Sedimentation Control Plan. E. Bertie County is a Coastal County as defined by 15A NCAC 2H .1002(4). F. The land disturbances associated with the Chancellor Health Services Assisted Living Facility site required an Erosion & Sedimentation Control Plan. G. The Division of Land Resources received an Erosion & Sedimentation Control Plan for the site on April 18, 2006. The plan was approved on April 26, 2006. Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facility Bertie County Case No. CV-2007-0007 Page 2 of 3 H. Bertie Health Investors, LLC failed to obtain a State Stormwater permit prior to construction of impervious surfaces. I. The cost to the State of the enforcement procedures. in this matter totaled $ 341.56 Based on the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Bertie Health Investors, LLC is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. Bertie County is a coastal county as defined by 15A NCAC 2H.1002(4). C. Bertie Health Investors, LLC is engaging in development activity at this site, which requires an approved Erosion & Sedimentation Control Plan. D. Bertie Health Investors, LLC violated 15A NCAC 2H .1003 by failing to secure a Stormwater Management Permit prior to development of the project known as the Chancellor Health Services Assisted Living Facility site. E. Bertie Health Investors, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. F. Bertie Health Investors, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) dollars per violation may be assessed against a person who violates a rule of the Commission implementing this part, Part 2A of this Article, or G.S. 143-355(k). G. The State's enforcement cost in this matter may be assessed against Bertie Health Investors, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 14313- 282(b)(8). H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Berrie Health Investors, LLC Chancellor Health Services Assisted Living Facility Bertie County Case No. CV-2007-0007 Page 3 of 3 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly Bertie Health Investors, LLC is assessed a civil penalty of: $ 5,000.00 for violating 15A NCAC 2H .1003 by failing to obtain a stormwater management permit from the Division of Water Quality for the development of the Chancellor Health Services Assisted Living Facility. $ 5,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $ 341.56 Enforcement costs. $ 5,341.56 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures A ate Al Hodge Division of Water Quality JUSTIFICATION FOR REMISSION REQUEST . DWQ Case Number: CV-2007-0007 County: Bertie Assessed Party: Bertie Health Investors, LLC Chancellor Health Services Assisted Living Facility Amount Assessed: $5,341.56 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION(attach additional pages as necessary): STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BERTIE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ) WAIVER OF RIGHT TO AN BERTIE HEALTH INVESTORS, LLC ) ADMINSTRATIVE HEARING AND CHANCELLOR HEALTH SERVICES ASSISTED ) STIPULATION OF FACTS LIVING FACILITY ) FILE NO. CV-2007-0007 Having been assessed civil penalties totaling 5.341.56 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 20, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 Spinnaker Development of Hickory, LLC PO Box 2568 .1978 Eighth Avenue NW Hickory, NC 28601 . Phone (828) 994-0348 Fax (828) 322-3897 February 5, 2007 Mr. A] Hodge, Regional Supervisor; Surface Water Protection North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 RE: Bertie Health Investors, LLC Sixty Bed Adult Care Home- Stormwater Project No. SW7070108 Dear Mr. Hodge, This letter is to present an explanation for a violation of which we received notification on January 26, 2007. Our client, Bertie Health Investors, was granted a Certificate of Need (CON) to develop a 60 bed Adult Care Home in Chowan County. This CON was granted under a moratorium which required that the foundation for the facility be complete by May 100, 2006. This milestone. was challenging, but was met thanks to the cooperation of the Bertie-Windsor Planning & Inspections Department. We now are facing another challenging milestone; that a Certificate of Occupancy from the local building inspector be issued by May I e, 2007. In order to achieve these challenging milestones, we worked closely with Berrie -Windsor Planning & Inspections Department to implement phased submittal and approval requirements. As part of this phased submittal and approval process, an erosion control permit # Berti-2006- 010 was obtained from NCDENR in April, 2006. At that time we had not anticipated that wetlands delineation would be a requirement of our stormwater permit application. However, comments by Scott Vinson of your office indicated that wetlands delineation would be required. As the result of subsequent delineation, our design had to be changed to eliminate wetlands impacts. Revisions have been made to the plans, submitted for review and permitted as SW7070108. Our client, Bertie Health Investors, is part of a group of experienced operators of Adult Care Homes. Bettie Health Investors is developing a facility which will be modem, attractive and provide a high quality of life to the senior citizens of Bertie County. Additionally, this facility will provide 30+/- full-time jobs once the facility is in operation starting in the summer of 2007. Bettie Health Investors nor its team of designer; and constructors did not intend to build this project without a stormwater permit, however the timeline imposed by NC DFS required a phased submittal and approval process with physical completion milestones that were not negotiable. In an attempt to remain in compliance to the extent possible with respect to our NCDENR responsibilities, sitework activities have been limited to implementing and maintaining prescribed erosion control measures, but no permanent drainage features have been constructed. With the recent approval of the stormwater permit on this project, we will work quickly to implement the approved measures in order to get this project back in compliance On behalf of our client, thank you for your careful consideration of this explanation. I look forward to hearing from you and welcome all questions and comments. Si ly, Chuck White Spinnaker Development of Hickory, LLC 2 yoxyliq to P.W!01 pnow! I Wq ore —C q! onnnowsuq " .Ya I M:� CAPTIMM"I "We 1ploy W-1 ! inf29 pq=n I ys AW am,, "M ;4 A I• I u ro-;J�,;� n.qpc u-mo,"V "!fwv I r 14 PC cu p f r If at Qq?y 10 a Ivan a Q P! KOM !11 w :tnwp a ku" 0 NOT 10MV " jil.. znpilig"wj uxx, hpi.Z!c.q W;,;! 14 "es my hvuql PUS&VAj [1 4 KGQ% jusk." IFwd: Possibly Spam: Berke Health Investors # SW70701081 Subject: [Fwd: Possibly spam: Bettie Health Investors # SW7070108] From: Al Hodge <A1.Hodge@ncmail.net> Date: Wed, 28 Feb 2007 08.31:27 -0500 To: Scott Vinson <scott.vinson@ncmail.net> fyi Al Hodge Division of Water Quality Surface Water Protection Washington Regional Office Regional Office 252-946-6481 Direct 252-948-3844 fax- 252-946-9215 Subject: Possibly spam: Bertie Health Investors # SW7070108 From: "Chuck White" <cwhite@spinnakerdevelopment.biz> - Date: Tue, 6 Feb 2007 12:18:43 -0500 To: <At Hodge@ncmail. net> CC: "'Jeff Thompson"' <JThompson@hobbsupchurch.com>, <MattDunn@WishonCarter.com> Mr. Hodge, The attached file contains a letter of explanation as you requested in your recent Notice of Violation. I hope the attached letter provides the information that you require. If you have additional questions, please contact me as necessary. Sincerely, Chuck White Spinnaker Development of Hickory, LLC Chuck White cwhite@ spinnakerdevelopment.biz PO Box 2568 1978 8th Avenue NW Hickory, NC 28603 tel: 828-994-0348 1 fax: 828-322-3897 mobile: 828-851-9973 [1q Add me to your address book... Want a signature like this? - 'Content -Type: message/rfc822 Possibly Spam: Bertie Health Investors # SW7070108 , I Content -Encoding: 7bit bertie DWQ letter.pdf, Content -Type: application/pdf Content -Encoding: base64 1 of 1 4/5/2007 12:09 PIv NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Ilertie Health Investors, LLC County: Berrie County Case Number: CV-2007-0007 Permit Number: SW7070108 (Chancellor Health Services Assisted Living Facilities) ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Inadequately treated stonnwater can potentially add pollution to the waters of the State. 2) The duration and gravity of the violation; Unknown when construction began. 3) The effect on ground or surface water quantity or quality or on air quality; Potential to introduce pollutants to waters of the state. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Cost of delayed construction. 6) Whether the violation was committed willfully or intentionally; Unknown. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; None. 8) The cost to the State of the enforcement procedures. $341.56 4 -� - 07 - Date Al Hodge Regional Supervisor Washington Regional Office REMISSION FACTORS O Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of the petitioner; O Whether the violator promptly abated continuing environmental damage resulting from the violation; O Whether the violation was inadvertent or a result of an accident; O Whether the violator had been assessed civil penalties for any previous violations; and O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Alan W. Klimek, P.E. I VIA A4441 North Carolina Michael F. Easley, Govemor CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7006 0100 000 8379 3662 October 18, 2006 Mr. Charles E. Trefzger, Manager Bertie Health Investors, LLC 46 West Third Street NW Hickory, NC 28601 RE: Return of Express Application State Storm water Program Chancellor Health Services, Assisted Living Facility Bettie County Dear Mr. Trefzger: Natural Resources William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director The State Storm Water Express application and fee for the Chancellor Health Services, Assisted Living Facility has been returned due to the application package being incomplete. The Express Program is designed to expedite applicable high quality applications through a review process for permit issuance in a shorter time frame. Scott Vinson, DWQ engineer, and I met on two separate occasions with your consultant and discussed this project in depth, provided guidance and explained the express review process and that an incomplete application will be returned and not accepted into the express review process. The Express Program has been active in this office for almost 2 years but the information required in the application packages has not changed. During the cursory review of the application package, the following were noted as missing and/or incomplete. ➢ Plans are not sealed ➢ Calculations are not sealed ➢ Lack of signatures ➢ Lack of initials on applications ➢ Applications were not notarized It was noted that this was to arrive later under separate cover. However, all information needs to come in one package to be considered complete. ➢ Soil report incomplete, need more in-depth of a report 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 / FAX 252-946-3716 / Internet:: h2o.enr.state.mus An Equal Opportunity/Affirmative Action Employer —50%a Recycled/10% Post Consumer Paper One NorthCarolina Naturally CM# 7006 0100 000 8379 3662 Mr. Charles E. Trefzger Bertie Health Investor, LLC Page 2 of 2 This cursory review is not a full technical review therefore it is recommended to re-evaluate the content of the application for accuracy and completeness. Note that the legislation allows additional fees, not to exceed 50% of the original express review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For your information, be aware that construction of the proposed facilities without a valid permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143- 215.6. Civil penalties of up to $10,000 per day per violation may be assessed for failure to secure a permit required by North Carolina General Statute 143-215.1. To re -submit this application for express review, please contact me @ 252-948-3842 or via email lyn.HardisonAncmail.net to re -schedule a submittal date and/or if you have any questions pertaining to the Express Program. Sincerely, Lyn B. Hardison One-Stop/Express Permitting Coordinator Washington Regional Office /enclosures cc: Bertie County Building Inspections Jeff Thompson w/ Hobbs & Upchurch i�Uashington Regional Office Hobbs, Upchurch & Associates, P.A. ENGINEERING I SURVEYING I PLANNING MEMO Phone:910-270-5520 FAX:910-270-5548 TO: SC c}� ' ..'. 5 0 FROM: Jeff Thompson ithom osonCa�hobbsuochurch.com SUBJ: Sc^!c Y"}I yq Y,Lr SG DATE: l O- I- d 6 -r- T-Ce_ 5 cam t P\G" S. T 1't" • �1 C. �C (v�r C.� St �Clh Mcl'i, k-4— &— cL+ S 2 -� `v7— OCT 1 DW,Ce-VVAR0 Re: Bertie Assisted Living Site Subject: Re: Bertie Assisted Living Site From: "Jeff Thompson" <Thompson@hobbsupchurch.com> Date: Wed, 19 Jul 2006 12:57:52 +0000 GMT To: "Scott Vinson" <scott.Vinson@ncmai1.net> Found the EC permit The developer doesn't know for sure when construction will start. They've been stopped since May 17th. He said they hope to get started by Aug 1, but that the owner is still finalizing loans. HUA isn't contracted to do any construction inspection, but I hope to get out there next week to make sure everything is in order. Ill be back in touch after that. Otherwise, I'm still planning on the 8th to meet and submit. "Sent via Blackberry. Please pardon my spelling and punctuation. When aiming for these little bitty keys, my fingers sometimes land on more than one." -----Original Message ----- From: Scott Vinson <Scott.Vinson@ncmail.net> Date: Tue, 18 Jul 2006 10:00:57 To:jthompson@hobbsupchurch.com Cc:Lyn Hardison <Lyn.Hardison@ncmail.net> Subject: Re: Bertie Assisted Living Site Jeff, The choice of a pre -application meeting is yours. We can meet the day of submittal or you can just mail it in a day or so ahead of the submittal acceptance date. August 8th will be the earliest I could accept this project into the Express review program. Before I can accept it I need to know at what stage of construction is the Bettie site. Have they started clearing and grading? Have they started construction of impervious area such as roads, building foundations, etc.? Scott Vinson Jeff Thompson wrote: Scott, I still owe you a stormwater permit for that Bertie County Assisted Living site that you, Pat, and I looked several months ago. Do we need to meet again or shall I just send it to you. I'd like to submit it next week if possible. Let me know how full your plate is. Jeff I of 1 7/24/2006 9:25 AM Bertie Assisted Living Subject: Bertie Assisted Living From: "Jeff Thompson" <Thompson@hobbsupchurch.com> Date: Fri, 21 Jul 2006 15:40:41 -0400 To: "Scott Vinson \(E-mail\)" <scott.Vinson@ncmail.net> I stopped by yesterday on my way back from Elizabeth City the footings. Currently work is stopped. Jeff They have poured I of 1 7/24/2006 9:25 AM ,It �F W ATF4 Michael F. Easley, Governor \O� Q William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources -"I Alan W. Klimek, P.E. Director O � Division of Water Quality January 16, 2007 Mr. Charles Trefzger, Manger Bertie Health Investors,LLC 46 West Third Street NW Hickory, NC 28601 Subject: Stormwater Review SW7070108 Chancellor Health Services - Assisted Living Facility Bertie County Dear Mr. Trefzger: This office received a Coastal Stormwater permit application and plans for the subject project on January 5, 2007. A preliminary review of the project indicates that before a State Stormwater permit can be issued the following additional information is needed. 1) Please provide a legend on the plans. 2) Please provide three additional drainage basin columns tinder Section 111, no. 6 of the application to show the Basin Information for each BMP (2 bioretention areas & 1 infiltration basin) drainage area. 3) Delineate each of the drainage areas on the plans. 4) Please provide energy dissipators for the piped inlets within the 2 bioretention areas if needed. 5) Please refer to section 4.12 of the design BMP manual which states that 2-3 shrubs should be specified for each tree. The four plantings given for the bioretention areas are all shrubs. There are no trees specified in the planting specifications. Please revise the planting specifications per the BMP manual and note that all plantings should be suitable for bioretention cells. 6) The last note under the Approved Plant List for the bioretention areas states that "For pricing purposes, the contractor shall provide...". Is this note only for pricing or will the contractor actually be required to plant the stated number of trees and shrubs? 7) Please provide a detail for the bioretention outlet structures. 8) Please provide a benchmark in the infiltration basin for help with maintenance and sediment accumulation removal. ✓v Caro�{na vtu North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Intemet h2o.enrstateoc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50%Recycledll0% Post Consumer Paper 9) Infiltration basins are typically designed to have pretreatment and to by-pass rain events larger than the design storm so that the system does not become overburdened and/or flush pollutants through the system prior to settling. If these conditions can not be met than justification should be given to explain what additional measures have been provided and an explanation as to how the additional measures are equal to or better than the missing required measures. 10) Please remember to revise any forms, plans, narratives, and/or calculations and to seal, sign & date any revised calculations and/or plans as needed. 11) Please provide the 25% additional information fee associated with the Express Stormwater Review Program of $1,000.00 by check made payable to "NC DENR". The above requested information must be received in this office prior to January 24, 2007 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for a time extension, along with justification, to this office at the Letterhead address. A maximum of five (5) additional days may be granted. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3848. Sincerely, Scott Vinson Environmental Engineer Washington Regional Office cc: Jeff Thompson, PE w/ Hobbs, Upchurch & Assoc. `ashington Regional Office i Hobbs, Upchurch & Associates, P.A. Consulting Engineers 14878 US Hwy 17 - Suite 5 • Hampstead, NC 28443 January 24, 2007 Mr. ScottVinson NCDENR-WaRO 943 Washington Square Mall Washington, NC 27889 Ph:252-946-6481 Fax:252-946-9215 Re: Stormwater Review SW7070108 Chancellor Health Services Assisted Living Site, Bertic County Scott, RECEIVED ED JAN 212007 DWQ PROJ # I have received your letter dated January 16, 2007 concerning the subject project and offer the following responses: 1) A legend is now shown on the plans 2) The requested drainage basin columns are now included. 3) The individual drainage areas are now delineated on the plans 4) There are no pipe inlets within the bioretention areas. A note has been added to provide this protection should the roof drains be constructed such that they discharge directly into the bioretention areas. 5) The planting plan has been revised to include suitable trees. 6) This note has been revised to eliminate any confusion. The contractor will be required to plant the stated number of trees and shrubs. 7) The bioretention area outlet structures are precast yard inlets as shown in the detail on sheet 7. A note has been added to clarify that there is to be Freeboard of one foot. 8) A benchmark is now required in the infiltration basin. 9) The infiltration basin as designed, does not in fact have a pretreatment device due to space limitations. This particular device was located immediately adjacent to the impervious surface that it was designed to treat, thereby eliminating any offsite sediment that otherwise would run into the basin. The potential litter into the basin will have to be removed from the entire basin rather than one central location. However, the location of this basin is such that maintenance and neatness will be a priority for the owner and this will greatly enhance the performance of the basin as compared to one that may have been located behind the building and then suffer from an "out of sight, out of mind" attitude. Additionally, this infiltration basin is located at the very back of the drainage area with Hampstead, NC . Telephone 910-270-5520 . Fax 910-270-5548 . email: lthompson@hobbsupchurch.com Southern Pines . Myrtle Beach . Nags Head . Charlotte . Beaufort r approximately 700 feet of grassed swale at 1% slope and a level spreader between the infiltration basin's outflow and the flow offsite. 10) The updated forms have been provided. 11) A check for the additional fee of $1000 is arriving under separate cover to the attention of Lyn Hardison. Sincerely, Hobbs, Upchurch & Associates Jeff Thompson North Carolina Secretary of State hitp://www.secretary.state. nc.us/corporations/Corp.aspx?Pitemld=79... North Carolina Elaine F. Marshall DEPARTMENT OFTHE SECRETARY Secretary OF STATE PO Box 29e2.2 Raleigh, Nc 2762&0622 i919inQ7-20u0 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B26 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures ' CONTACT US Corporations Division i Secretary of S[ate's web site I TOOLS Secretary of State Home Printable Page Date: 4119f2007 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Bertie Health Legal Investors, LLC Limited Liability Company information SOSID: 06280B3 Status: Current -Active Date Formed: 2I14r2006 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Bell, Davis & Pitt, P.A. Registered Office 100 North Cherry Street Suite 600 Address: Winston Salem NC 27101 Registered Mailing P.O. Box 21029 Address: Winston Salem NC 27120-1029 Principal Office 56 Third Street NW Address: Hickory NC 28601 Principal Mailing 56 Third Street NW Address: Hickory NC 28601 For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster. I of 1 4/ 19/2007 3:56 Pb Hicks From: "Jeff Thompson" <JThomoson@hobbsupchurch.com> To: <WayneHicks@WishonCarter. com> Sent: Wednesday, January 24, 2007 2:55 PM Subject: Bertie - Check Today Wayne, I'm faxing a copy of DWQ`s letter. I have the responses read}' to go out overnight today. I need you all to overnight the check for the additional $1000 payable to NCDENR at the following address: Ms. Lyn Hardison NCDENR-W aRO 943 Washington Square Mall Washington, NC 27889 Re: Stormwater Review SVI17070108 A-,4 d . ,_j : y Pv ASS Chancellor Health Services Assisted Living Site, Berrie Count` - No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.410 / Virus Database: 255.17.5/549 - Release Date: LC3/2007 Re: Bertie Assisted Living Resubmittal Subject: Re: Bertie Assisted Living Resubmittal From: Scott Vinson <Scott.Vinson@ncmail.net> Date: Wed, 24 Jan 2007 09:52:44 -0500 To: Jeff Thompson <JThompson@hobbsupchurch.com> Jeff, Thursday will be fine. Thanks for letting me know. Scott Jeff Thompson wrote: Scott, I know the Division is probably out of patience with these projects, as am I. That said, I believe you had asked that I resubmit the additional info tomorrow. At this point I'm looking to get it in the overnight tomorrow and you would have it on Thursday, but I believe overnight to your office doesn't arrive until after lunch, so technically you'll have it Friday, but it should be in your office before close on Thursday. I apologize for the late request. Jeff I of 1 1/24/2007 9:53 AM Bertie Assisted Living Resubmittal Subject: Bertie Assisted Living Resubmittal From: "Jeff Thompson" <JThompson@hobbsupchurch.com> Date: Wed, 24 Jan 2007 Ol :23:48 -0500 To: <Scott. Vinson@ncmail. net> CC: <lyn.hardison@ncmail.net> Scott, I know the Division is probably out of patience with these projects, as am I. That said, I believe you had asked that I resubmit the additional info tomorrow. At this point I'm looking to get it in the overnight tomorrow and you would have it on Thursday, but I believe overnight to your office doesn't arrive until after lunch, so technically you'll have it Friday, but it should be in your office before close on Thursday. I apologize for the late request. Jeff 1 of 1 1/24/2007 9:53 AN AA NCDENR North Carolina Department of Environment and Natural Resources Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative and vicinity map of the project location to the appropriate One -Stop Coordinator: • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.leeioncmail.net IRECE� l79 • Mooresville & Asheville Region -Patrick Grogan 704.663-3772 or patrick.grogan(a)ncmail.net �� • Washington Region -Lyn Hardison 252.946-9215 or lyn.hardison(a)ncmail.net • Wilmington Region -Cameron Weaver 910-350.2004 or cameron.weavert&ncmail.net JAN 0 5 2007 Project application received after 12 noon will be stamped in the following work day. APPLICANT Name Charles E. Trefzger, Manager ®�4 WARO Company Bertie Health Investors, LLC Address 46 West Third Street NW —City/State_ HickoryNC Zip 28601 Phone 828-322-5535 Fax Email PROJECT SYSTEM(S) TRIBUTARY TO UT TO CASHIE RIVER SURFACE WATER CLASSIFICATION B, SW PROJECT Name_ Chancellor Health Services Assisted Living Facility County Bertie ENGINEER/CONSULTANT Jeff Thompson Company Hobbs Upchurch & Associates Address 300 SW Broad Street (PO Box 1737 City/State Southern Pines, NC Zip 28388 Phone 910-692-5616 Fax 910-692-4795 Email State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No ❑ STREAM ORIGIN Determination: of Stream calls; Stream Name ❑ STORMWATER []Low Density ❑ High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ® High Density- Infiltration/Bio-ret. ❑ Off Site WETLANDS MUST BE ADDRESSED BELOW ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with _acres to be disturbed.(CK # (for DENR use)) WETLANDS (401): Check all that apply Isolated wetland on Property ❑ Yes ❑ No Wetlands on Site ❑ Yes ❑ No / Buffer Impacts: ❑ No ❑ YES: acre(s) Wetlands Delineation has been completed: ❑ Yes ❑ No Minor Variance: ❑ No ❑ YES Major General Variance ❑ No ❑ YES US ACOE Approval of Delineation completed: ❑ Yes ❑ No 401 Application required: ❑Yes ❑ No If YES, ❑ Regular 404 Application in Process w/ US ACOE: ❑ Yes ❑ No / Permit Received from US ACOE ❑ Yes ❑ No Perennial, Blue line stream, etc on site ❑ yes ❑ No The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only Fee Split for multiple permits: (Check #_10178_) Total Fee Amount $ _4000_ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA Variance ❑ Maj; ❑ Min SW ® HD; ❑ LID) 1/5/07 $4000 401: LQS Stream Deter,_ WISHON 8 CARTER BUILDERS, INC. PH. 336-679-2031 P O BOX 1719 YADKINVILLE, NC 27055 to 92 Manof NCDENR �H 0 UALLENY :. _ ewer ®n,c nme BANK Bur Windsor stormwater permit 9.0101781I° C053102117i: RE'ornML@O) JAN 0 5 2007 DWfq"-VVAR® 10178 66-211/531 REft 2=14-06 S __- $ 4,000.00 E6um IJ 2 12000 2 38 2no "! 7 JAN 0 5 2007 DWQ-WARD STORMWATER CALCULATIONS for CHANCELLOR HEALTH SERVICES to serve BERTIE COUNTY ASSISTED LIVING CENTER Town of Windsor, North Carolina Owner: Bertie Health Investors, LLC Spinnaker Development 56 W. Third St. P.O. Box 2568 Hickory, NC 28601 December 29, 2006 ORIGINAL c.: � V C!1 Ob C� r �; r�;i. - �i�=r�i S1 t J�, �+.1 . f 4, ' Stormwater Management Narrative Chancellor Health Services Assisted Living Facility Town Of Windsor Bertie County January 1, 2007 Project Description The proposed development consists of the construction of a 60 bed assisted living facility with storage building, parking lot, water and sewer services (by others), all storm drainage, finished grading, and stormwater management measures as shown on attached detailed plans. Site Description The existing property has nearly level topography with slopes generally less than 1 %. Primary drainage for the project is provided through natural slope which ultimately drains to the Cashie River (B;Sw). The entire project will be constructed within the limits of disturbance as shown on the plans. There is no evidence of significant erosion under present site conditions. Adiacent Property Land use in the vicinity of the project is agricultural. Soils The following are the dominant soil types in the project area (as shown in the county soil survey): Soil Symbol IIIIIIIIIIIIIIIIII[SoilIN57M76MCharacteristics Hydrologic Subgroup CnB Conetoe Loamy Sand Slopes range A from 0 to 5% ■ CrB Craven fine sandy, Slopes range C loam from 1 to 4% CrC Craven fine sandy Slopes range C loam from 4 to 8% Dk- Dorovan mucky peat Frequently .�® flooded Ro Seabrook loamy sand D A detailed soils investigation was also conducted, and that report is attached. As noted in this report, the soils in the project area are generally well graded sands with groundwater appx. 6.5' below existing grade. Stormwater Management The project area sits on a small knoll, with the natural ground lying approximately 2 feet above the surrounding terrain and adjacent to a natural channel. Proposed drainage of the project will consist primarily of sheet flow across vegetative landscaping. The parking lot will be drained via sheet flow into a proposed infiltration swale, which will discharge into another grassed swale to the east of the site which runs about 700 feet around the property and eventually outletting at the rear of the site through a level spreader. The level spreader is sized for the 1-year flow, providing 13 LF for every 1 cfs of flow. The purpose of this level spreader is to provide sheetflow into the adjacent wetlands and not a water quality benefit; therefore, we are not including it in this permit package. The impervious surfaces from the roof area will be treated in one of two bioretention areas. The roof drains shall be directed so that each of the bioretention areas treats half of the roof. Bioretention Areas The bioretention areas proposed at this site are to be constructed approximately at existing grade, while the remainder of the site will be filled to accommodate the building. This will ensure that the bioretention areas are not constructed in a fill area and will utilize the in -situ soils for infiltration. No planting soil or underdrain is required. The in-si u soils at each of the bioretention areas are classified as Wickham find sandy loam. According to the USDA soil survey, this soil is in hydrologic soil group B and the seasonal high water table is approximately 6 feet from the surface. The existing ground elevation at each of the bioretention area locations is approximately 104.00' placing the groundwater elevation at approximately 98. The bottom of the bioretention areas is to be at elevation 103.00' with the overflow at 104.00' Overflow for the areas is provided with a yard inlet located inside of the bioretention area approximately 1 foot above the planting elevation. This leaves 3 inches of mulch and another 9 inches for ponding depth. The surface areas of the bioretention areas were sized based on the amount of runoff generated from a 1" rainfall event and a resulting 9-inch ponding depth. Infiltration Area The infiltration area will treat the runoff from the parking lot only. It too was sized so that the ponding depth would be less than 1 foot from the runoff generated by 1 inch of rainfall. Due to the limited space for this device, some standard design features were not included. Specifically, no Pretreatment device was used in this case. The owner will have to maintain the device as sediment accumulates in the infiltration area. Also, the system does not have an offline gvetflokv. All runoff will pass through the infiltration swale and over the weir provided at the outlet. Outlet out of the infiltration swale will be through an earthen weir (lined with filter fabric and riprap) located at the east side of the swale, constructed at elevation 103. The weir is approximately 10 feet wide and the flow from a 25 year storm is approximately 4 cfs. The flow depth on the weir during this flow would be only a few inches. General Hydrograph formulation Drainage Subarea:; Runoff Volume Estimate (SCS Curve Number Method) Drainage Area (ac) = 0.5 acres CN = 89 SCS Curve Number C= 0.78 Rat'I Coeff. (0.02'CN-1) S 1000 10 S = 1.24 CN R.O. (in) _ (P - 0.2-S)-2 (P + 0.8'S) 1-yr 10-yr 25- r R.O. (in) = 0.00 R.O. (in) = 3.11 R.O. (in) = 3.87 R.O. (cf) = 0 R.O. (cf) = 5,637 R.O. (cf) = 7,020 Runoff from 1" Precipitation P (in) = 1 DA (ac) = 0.5 S (in) = 1.24 R.O. (in) = 0.28 R.O. from 1" of Rainfall (cf) = 517 Time of Concentration and Intensity Derivations: K "(L-3/H)-0.385 Kirpich's Equation: Tc = 128 L = 100 !Hydraulic Length of watershed (ft) H =: 3 Elevation diff. along "L" (ft) K = 1_ Multiplier for flow path conditions (see HRM supp. p2-4) Tc = 5.00 min. g & h are regression coeff 1 = 9 (from HRM p. 2-6) listed in HRM supplement h + T p. 5-3 T = Tc 1-yr 10-yr 25- r P (in) _' P (in) _' 4.3 P (in) _ 5.1 9= 9=' 213 g=' 254 h = h ='' 25 h =! 26 I (in/hr) = 0.00 1 (in/hr) = 7.10 1 (in/hr) = 8.19 Peak Flow (Rational Method) Q (cfs) = CiA Q (cfs) = 0 Q (cfs) = 3 Q (cis) = 3 Tp (min) #DIV/01 Tp (min) 24.4 Tp (min) 26.3. L 4-wc e, -Fo Gc"cam 2Uwe... S. _i— V�_!�I \ 1/'Cn TW 0v� �w �,k4P— General Hydrograph formulation Drainage Subarea: Runoff Volume Estimate (SCS Curve Number Method) Drainage Area (ac) = 0.6 acres CN = 96 SCS Curve Number C=' 0.9 Rat'I Coeff. (0.02'CN-1) S 1000 -10 S = 0.42 CN R.O. (in) _ (P - 0.2"S)A2 (P + 0.8"S) 1-yr 10-yr 25- r R.O. (in) = 0.00 R.O. (in) = 3.84 R.O. (in) = 4.63 R.O. (cf) = 0 R.O. (cf) = 8,358 R.O. (cf) = 10,088 Runoff from 1" Precipitation P (in) = 1 DA (ac) = 0.6 S (in) = 0.42 R.O. (in) = 0.63 R.O. from 1" of Rainfall (cf) = 1373 Time of Concentration and Intensity Derivations: K - (LA3/H)A0.385 Kirpich's Equation: Tc = 128 L =: 100 (Hydraulic Length of watershed (ft) H =: 3 Elevation diff. along "L" (ft) K = 1 Multiplier for flow path conditions (see HRM supp. p2-4) Tc= 5.00 min. g & h are regression coeff 1 = 9 (from HRM p. 2-6) listed in HRM supplement h + T p. 5-3 T = Tc 1-yr 10-yr 25- r P (in) = P (in) =� 4.3 P (in) _ 5.1 9= 9=' 213 g= 254 h= h=, 25 h= 26 ------ — I (in/hr) = 0.00 -- T10 I (in/hr) = 7.10 I (in/hr) = 8.19 Peak Flow (Rational Method) Q (cfs) = CiA Q (cfs) = 0 Q (cfs) = 4 Q (cfs) = 4 Tp (min) #DIV/01 Tp (min) 26.1 Tp (min) 27.3 General Hydrograph formulation Drainage Subarea: Runoff Volume Estimate (SCS Curve Number Method) Drainage Area (ac) _ 1 3 acres CN =� 88 _ 'SCS Curve Number C= 0.76 Rat'I Coeff. (0.02'CN-1) 1000 S = 1.36 S -10 CN (P - 0.2-S)-2 R.O. (in) _ (P + 0.8'S) 1-yr 10-yr 25- r R.O. (in) = 1.38 R.O. (in) = 3.01 R.O. (in) = 3.76 R.O. (cf) = 15,044 R.O. (cf) = 32,763 R.O. (cf) = 40,990 Runoff from 1" Precipitation P (in) = 1 DA (ac) = 3 S (in) = 1.36 R.O. (in) = 0.25 R.O. from 1" of Rainfall (cf) = 2755 Time of Concentration and Intensity Derivations: K - (L^3/H)-0.385 Kirpich's Equation: Tc = 128 L = 100 Hydraulic Length of watershed (ft) H = 3 Elevation diff. along "L" (ft) K =- 1 ;Multiplier for flow path conditions (see HRM supp. p2-4) Tc = 5.00 min. g & h are regression coeff 1 = 9 (from HRM p. 2-6) listed in HRM supplement h + T p. 5-3 T = Tc 1-yr 10-yr 25- r P (in) _1 2.5 P (in) _' 4.3 P (in) _1 5.1 g =i 125 g = 213 g =, 254 h ='__ 45 h =! 25 h = 26 — I (in/hr) = 2.50 - I (in/hr) _ 7.10 I (in/hr) _ 8.19 Peak Flow (Rational Method) Q (cfs) = CiA Q (cfs) = 6 Q (cfs) = 16 Q (cfs) = 19 Tp (min) 31.6 Tp (min) 24.3 Tp (min) 26.3 13 F _ Lr SA 8o LF By Developed Shear Stress: By Permissable Velocity: OU-��LT SW G \-e— Trap. Or Triang. Channel Outlet Channel Start FL Channel Flow (K Manning's n 0.030 Lane. S10De S = I 0.0100 Ifilft 42 End FL juation): Area A 4.62 Brim. P =1 7.95 Sugg. Best Hydraulic Section (minimizes excavation) Side Slope: 1 :1 W Value 0.828427125 3+00 Best depth: 0 ft 39 — Best Base: 0 ft Side Slopes Z = / :! 1 Ayd. Radius R =1 0.58 1 "See DENR Design Manual for maximum allowable velocities in vegetated channels (8.05.4) Depth d =: 0.691 ',ft �X Bare B =' 6 ft M Maz. Flow Rate Q = 16.00 CFS Velocity (Q max flow) V= 1 3.46 FPS 1 1 -rop wmta w =1 -i.3a Ir..r Channel Linina Desian: Shear Stress on channel T= Y*d*S unit wt. water Y=1 62.4 PCF T=1 0.431 JPSF normal flow depth) d=l 0.69 1FT (channel slope) S=1 0.01 1 FT/FT OR D50 = = depth (ftl ¢` (MostC6nservative)' D50 = Rip Rap size in A more conservative design is based on the allowable shear stresses which are listed in the DENR Design Manual (8.05.13) = 3.46 Y=V d = 0.691 Rip Rap Sizes Allow. Shear T s CL. A 3" 1 CL. B 6" 2 CL. 1 13" 4 CL. II 23" 8 Talbw s -0.0'D50-(ft<-_- Rip Rap Sizes were taken from DENR Design Manual (8.06.6) Lrn Se c:h 4v+ :.,. s vSL 61 aS St P of —t swc.(e t t"c- SWclr is cc i..�il� rnvc� w�c�t: Mos+ �� tl..�- Iz�c�1L Qr�o. �C awc�owyl 57 1-4- C. -(". o -F i'v , -J� F -�, act S.C. o� bo-E4o arec, L� = D, 6'3 dq'-3, _l- V�Ci� -�r�rIu- �) Y,Lt LJ(.aW GtOL'✓L'i 13 -�3 c.�,Jr44 IS60 5-t. bnt+ar G'fLc. Ot Swc�e 6o = Ie. s `A > L� - o- i- CAG`�s V Io- ,"\Pii-r- WO✓A Q -'r, Ir-T- i�OW S Quo = 3 �•-� s i6� = laa' L-�> Tr, k c, �n �, l -� � �,,. c� -�ow• o .-, l � �'� � �`' o n t �- we,� L " y C""5 o I-st Sole'• p.016 = A= LFN = 61 0.06 3.66s�• I • 76'5' .9" 76°5' .9" ?76°5�'�f.9j"Vy -� -"'•�--�. � f-� i ' � �' � � \\ J' 6— .-. -+tvi.- .u,.. +.. 'fir •-� ''ice•• _yu�,,, .� 1^ �+.« �- ri 4 , .+. I � ( ''fir ..W�_ �1L.. � `r�� _dp_ 1 � � 1 • � fill L\ 13 -29 ' `fl ' ♦ Sandy it ) T -- -4L_ ' — y Sewage 41 It 1 LL..-.��lr- _•iY- —. •� '- .Kj'±.- .+1• ��J � � � � 1 (] C y � I' • h ' _4lf-• m �- ••� -(>r' _,t's, -� �--•�� ✓''rr � •-,`� �,� �' _ lit m �\ SCALE 1:12000 4b'- 0 100 200 300 400 500 600 700 800 900 YARDS 0 1000 2000 FEET m 0 100 200 300 400 500 600 700 800 METERS o 765' .9" vv 1 1 1 1 1 7 1 1 1 6761'5' .9" 765' .9" Name: W INDSOR SOUTH Location: 819681 ft. N 2613015 ft. E Date: 8/8/2006 • Scale: 1 inch equals 1000 feet COp./flept (C) IVU6, Maptecn, Inc. 112 TABLE 15.--PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS --Continued Soil name and ;Depth; Clay ; Moist 'Permeability' map symbol J bulk 1Available: Soil ,Shrink -swell density �^ water �reac ton! potential NOA, NOB --------- 1 0-15: 5-18 Norfolk 115-191 18-35 119-701 20-43 Pa---------------i 0-181 5-15 Pantego, ,18-72 18-35 , Ra--------------- 1 0-16' 5-20 Rains 116-621 18-35 62-72: 18-40 Ro--------------- i 0-111 30-18 Roanoke 111-451 35-60 45-60: 5-50 Se--------------- 0-40' 2-12 Seabrook 140-651 2-12 , TaB-------------- i , 0-82' 3-12 Tarboro 0-8 , 5-20 Tomotley i 8-50: 18-35 50-60i --- , Ud. , Udorthents ' , , Wahee , , WE_______________ Wehadkee , , WkA. WkB, WkC____i Wickham i , WmB: , Wickham---------! Urban land. WtD, WtE---- Winton 0-4 i 5-20 4-841 35-60 , , 0-101 5-20 .0-651 18-35 , 0-8 1 8-15 8-53: 18-35 3-68' --- 0-8 i B-15 � 8-53: 18-35 3-68! --- i g/cc , In hr , I=n , K T 1.45-1.651 2.0-6.0 10.10-0.1513.6-6.0 :Low ------____ 11.30-1.651 0.6-2.0 10.10-0.1813.6-5.5 'Low ---------- .0 20' 5 11.20-1.651 0.6-2.0 10.12-0.1813.E-5.5 Low------- i0.24t ---i0.24; 1.40-1.601 2.0-6.0 10.12-0.2013.6-5.5 :Low ---------- 1.30-1.50, 0.6-20 10.12-0.2013.6-5.5 :Low-------__--0.15: 5 .1 4 , , 1 10.28, 11.30-1.601 2.0-6.0 10.10-0.14:3.6-6.5 !Low-------___t0 20I 5 11.30-1.601 0.6-2.0 i:0.11-0.1513.6-5.5 ,Low ---------- .:1.30-1.501 0.6-2.0 029, ....'Low--------__i i0.28, 1. 20-1.50; 2.0-6.0 :0.12-0.18:3.6-5.5 !Low ---------- ,0.28, 9 1.20-1.50' 0.06-20 10.-0.13.6-.5 'Moderate ----- ;0,241 i ;0.0404-0.14,413.E-6.5 Moderate----- .0,24� 1.30-1.601 6.0-20 10.05-0.11:4.5-6.5 !Low ---------- � :1.30-1.601 6.0-20 10.02-0.0914.5-6.5 ;Low-------___10.101 5 1.60-1.751 6.0-20 ,0.05-0.0914.5-6.5 !Low ---------- 10.10,' 5 i , i i i 1.30-1.601 2.0-6.0 10.10-0.1513.6-5.5 !Low ---------- !0.201 5 '1.30-1.50: 0.6-2.0 10.12-0.18:3.6-5.5 :Low ---------- :0.20: --- i -- ! ___ : ___ ,------------------ 1.30-1.601 0.6-2.0 10.10-0.15:4.5-6.0!Low ---------- 1p,2q1 5 1.40-1.60: 0.06-0.2 10.12-0.2013.6-5.5 !Moderate ----- :0.281 , 1.35-1.601 2.0-6.0 :0.10-0.1514.5-6.5 jLow---------- 10 241 5 1.30-1.50: 0.6-2.0 10.16-0.2014.5-6.5 !Low ---------- 10.321 i , j i , i ii 1.45-1.651 2.0-6.0 10.11-0. 16-0. 2914.5-6.0 !Low----------10.24' 5 1.30-1.501 0.6-2.0 ,0.12-0.1714.5-6.0 ;Low---------� ' ------------- 1.45-1.651 2.0-6.0 ;0. 11-0.16'4.5-6.0 'Low----------1 1.30-1.50: 0.6-2.0 10.12-0.17:4.5-6.0 'Low---------0.241 5 -__ , ,0.24------------- 0-17i 7-27 11.30-1.40i 2.0-6.0 10.12-0.2013.6-6.0 :Low---------- 17-541 18-35 :1.30-1.501 0.2-2.0 10.12-0.2013.6-6.0 !Low--------__1--- 0.24: 5 54-801 , --- i ' ' ___ i ___ i ___ i_____________, 0-2 Sod Survey,,^:- Organic mattes CE__ .5-2 :5-5 2-5 .5-2 .5-2 .5-3 114 TABLE 16.--SOIL AND WATER FEATURES --Continued Soil name and !Hydro logic! riooein Hi h water table map symbol group Frequency I Duration Months Depth Kind !Months I Rains , I Roanoke Seabrook ! Ta8_______________i A Tarboro I , Tomotley I Ud. ' Udorthen is ' Wahee Wehadkee ! WkA, WkB, WkC_____! B Wickham ! WmB: ' Wickham__________! B I Urban land. ' I I WtD, WtE--'--'---'! C Winton ! Soil Survey Concrete. -------- --' i '-- i 0-1.0:ApparentNov-Apr,High----- !High. Frequent ---- (Brief-----i Nov -Jun I 0-1.o!Apparent;Nov-MayjHigh----- !Hi h. , None-------- --- l2.0-4.0lApparentlDec-Mar'Low------' � ! i , � � ,Moderate. None________! ___ ! ' '-- i 6.0 --- !Low ------ !Moderate. None--------i --- --- I 0-1.o IApparent:Nov-ApriHigh-----!High. None--------j --- i ---i0.5-1.51Apparent!Dec-Mar!High ----- !High. Frequent ---- (Brief----- Nov -Jun ! 0-1.ojApparent!Nov-MaylHigh ----- !Moderate. None________, � 6.0 --- !Moderate ' !High. ! ! ! ! None-'------! --- ! --- ' 6.0 ! --- '• --- !rw..ae.,t., lv, ,.:. "' i --- i2.0-4.0lperched !Dec-May!Moderate !Moderate. Specifications for Bio-retention Area Material Specifications The allowable materials to be used in bioretention area are detailed in Table 2 Planting Soil The soil shall be a uniform mix, free of stones, stumps, roots or other similar objects larger than two inches. No other materials or substances shall be mixed or dumped within the bioretention area that may be harmful to plant growth, or prove a hindrance to the planting or maintenance operations. The planting soil shall be free of noxious weeds. The planting soil shall be tested and shall meet the following criteria: pH range 5.2 - 7.0 organic matter 1.5 - 4% magnesium 35 Ib./ac phosphorus P20575lb./ac potassium K2O 85 Ib./ac soluble salts not to exceed 500 ppm All bioretention areas shall have a minimum of one test. Each test shall consist of both the standard soil test for pH, phosphorus, and potassium and additional tests of organic matter, and soluble salts. A textural analysis is required from the site stockpiled topsoil. If topsoil is imported, then a texture analysis shall be performed for each location where the top soil was excavated. Since different labs calibrate their testing equipment differently, all testing results shall come from the same testing facility. Should the pH fall out of the acceptable range, it may be modified (higher) with lime or (lower) with iron sulfate plus sulfur. Mulch Layer The mulch layer shall serve as a pretreatment layer by trapping fine sediments prior to runoff infiltration. It shall consist of standard landscaping coarse shredded hardwood mulch or chips. Grass clippings, pine bark, and pine straw are specifically prohibited and shall not be used in this application. The mulch should be at least 6 months old, while 12 months is ideal. It shall be placed in a uniform depth of approximately 3 inches. Compaction It is very important to minimize compaction of both the base of the bioretention area and the required backfill. When possible, use excavation hoes to remove original soil. If bioretention areas is excavated using a loader, the contractor should use wide track or marsh track equipment, or light equipment with turf type tires. Use of equipment with narrow tracks or narrow tires, rubber tires with large lugs, or high pressure tires will cause excessive compaction resulting in reduced infiltration rates and storage volumes and is not acceptable. Compaction will significantly contribute to design failure. Compaction can be alleviated at the base of the bioretention facility by using a primary tilling operation such as a chisel plow, ripper, or subsoiler. These tilling operations are to refracture the soil profile through the 12 inch compaction zone. Substitute methods must be approved by the engineer. Rototillers typically do not till deep enough to reduce the effects of compaction from heavy equipment. Rototill 2 to 3 inches of sand into the base of the bioretention facility before back filling the required sand layer. Pump any ponded water before preparing (rototilling) base. When back filling the topsoil over the sand layer, first place 3 to 4 inches of topsoil over the sand then rototill the sand/topsoil to create a gradation zone. Backfill the remainder of the topsoil to final grade. When back filling the bioretention facility, place soil in lifts 12" or greater. Do not use heavy equipment within the bioretention basin. Heavy equipment can be used around the perimeter of the basin to supply soils and sand. Grade bioretention materials with light equipment such as a compact loader or a dozer/loader with marsh tracks. Plant Material Recommended plant material are listed on the plan sheets. Plant Installation Mulch around individual plants only. Shredded hardwood mulch is the only accepted mulch. Pine mulch and wood chips will float and move to the perimeter of the bioretention area during a storm event and are not acceptable. Shredded mulch must be well aged (6 to 12 months) for acceptance. The plant root ball should be planted so 1/81" of the ball is above final grade surface. Root stock of the plant material shall be kept moist during transport and on -site storage. The diameter of the planting pit shall be at least six inches larger than the diameter of the planting ball. Set and maintain the plant straight during the entire planting process. Thoroughly water ground bed cover after installation. Trees shall be braced using 2" X 2" stakes only as necessary and for the first growing season only. Stakes are to be equally spaced on the outside of the tree ball. Grasses and legume seed shall be tilled into the soil to a depth of at least one inch. Grass and legume plugs shall be planted following the non -grass ground cover planting specifications. The topsoil specifications provide enough organic material to adequately supply nutrients from natural cycling. The primary function of the bioretention structure is to improve water quality. Adding fertilizers defeats, or at aiminimum, impedes this goal. Only add fertilizer if wood chips or mulch is used to amend the soil. Rototillpu ea fertilizer at a rate of 2 pounds per 1000 square feet. Underdrains Under drains to be placed on a 3'-0 wide section of filter cloth. Pipe is placed next, followed by the gravel bedding. The ends of under drain pipes not terminating in an observation well shall be capped. Observation wells and/or clean -out pipes must be provided (one minimum per every 1000 square feet of surface area). Miscellaneous The bioretention facility may not be constructed until all contributing drainage area has been stabilized. Table 2. Materials Specifications for Bioretention Parameter Specification Size Notes Plantings see your local NRCS n/a plantings are site -specific Standards and Specifications guidance. Planting Soil sand 85% n/a USDA soil types loamy sand, silt/clay10% sand loam or loam, minimum Y organic 5% infiltration rate > 0.52 in/hr Mulch shredded hardwood aged 6 months, minimum pea gravel pea gravel: ASTM D 448 pea diaphragm gravel: and curtain ornamental stone: No. 6 drain washed cobbles stone: 2" to 5" Geotextile Class "C" apparent n/a for use as necessary beneath opening size (ASTM-D- underdrains only 4751) grab tensile strength (ASTM-D4632) burst strength (ASTM-D- 4833) uunderdrain AASHTO M-43 0.25" to ravel I 0.75" underdrain ASTM D 1785 or 4" rigid 3/8" pert. @ 6" on center, 4 holes piping AASHTO M-278 schedule per row; minimum of 3" of gravel 80 PVC over pipes; not necessary underneath pipes poured in See local DOT Standards n/a on -site testing of poured -in -place place and Specs.; fc = 3500 lb. concrete required: concrete (if @ 28 days, normal 28 day strength and slump test; all required) weight, air -entrained; re- concrete design (cast -in -place or inforcing to meet ASTM pre -cast) not using previously 615-60 approved State or local standards requires design drawings sealed and approved by a licensed professional structural engineer. sand AASHTO M-6 or ASTM 0.02" to Sand substitutions such as [1' deep] C-33 0.04" Diabase and Graystone #10 are not acceptable. No calcium carbonated or dolomitic sand substitutions are acceptable. No "rock dust" can be used for sand. CAL REPORT ON SUBSURFACE EXPLORATION Windsor ALC Windsor, NC ETPA Job #: 06-145-A Prepared By. ENGINEERING TECTONICS, P.A. CONSULTING ENGINEERS, GEOLOGISTS, HYDROLOGISTS Post Office Box I Winston-Salem, North Carolina 27108 January 24, 2006 ENGINEERING TECTONICS, P.A. hENGINEERS • GEOLOGISTS • HYDROLOGISTS —I',.rruuwn-aaiem, NL[/107 (336)724-6994 January 24, 2006 Wishon & Carter P. O. Box 1719 Yadkinville, NC 27055 RE: Report on Subsurface Exploration Windsor ALC Windsor, NC Engineering Tectonics, P.A. Job # 06-145-A ATTN: Mr. Wayne Hicks Dear Mr. Hicks, As per your authorization, Engineering Tectonics, PA. (ETPA) has completed the subsurface investigation at the Windsor ALC site' located in Windsor, NC. The results Of the soil borings, along with a Boring Location Diagram, are enclosed with this report. The purpose of this report is to describe the soil and groundwater conditions which were encountered in the test borings, to analyze and evaluate the subsurface data obtained, and to submit recommendations regarding design and construction for the proposed construction. A brief description of the field phase of this investigation, general subsurface conditions encountered and design recommendations are presented herein. geotechnical engineer classed each soil sample on the basis of texture accordance with the Unified. Soil- Classification System. The group n soil -type are indicated in the parentheses following the soil descriptions ogs. A brief explanation of the Unified Soil- Classification System is is report. The-geotechnical-engineer grouped the various soil types into es noted on the boring- logs. The stratification lines designating the sen earth materials on the boring logs and profiles are approximate; in- between material types may. be transitional. will be retained in our laboratory for a period of sixty (60) days after the irt, after which they- will. be discarded unless instructions as to their received. SOIL CONDITIONS of borings relative to the proposed construction are as shown on the Location Diagram, (Fig. 1). at the site, as indicated by our borings, consist of a surface layer of 6" to 8" of topsoil and residual soil. ENGINEERING TECTONICS, P.A. W mdW ALL lm=y 24.2006 hg2 SUBSURFACE EXPLORATION AND SOIL CLASSIFICATION . Description of Subsurface Exploration The soil test borings were drilled at the site as indicated on the Boring Location Diagram. Five (5) soil test borings were drilled at the subject site. Borings B-1 through B-5 were each advanced to a depth of 16.5' below the existing ground surface. The borings were drilled using a Truck Mounted Mobile B-47-drilling rig. The borings were located in the field by representatives of Engineering Tectonics. A description of the methods and procedures used to perform soil sampling and classification are presented below. Soil Sampling/Classification A sbcinch hollow stem auger was used to advance the borehole. Representative soil samples were obtained by means of the split -barrel sampling procedure in general accordance with ASTM Specification 0-1586. In this procedure, a 2 inch OD, 1 3/8 inch ID, split -barrel sampler is driven into the soil a distance of 18 inches by means of a 140- pound hammer failing 30 inches. The Standard Penetration Resistance (SPT) Value is the number of blows per foot of penetration for the final 12 inches of driving. This value can be used to provide a qualitative indication of the in -place relative density of cohesionless soils. T his indication is qualitative since many factors can significantly affect the Standard Penetration Resistance Value and prevent direct correlation between drill crews, drill rigs, drilling procedures, and hammer -rod -spoon assemblies. The drill crew prepared a field log of the soils encountered in the borings. All soil samples obtained from the drilling operations were sealed immediat in the field and brought to our laboratory for further examination and testing. ENGINEERING TECTONICS, P.A. } uction will consist of a one story,.brick -veneer building. Estimated ads should not exceed 75 kips and estimated maximum wall bads kips. itions encountered, we recommend that the proposed construction be antionai spread footing foundations bearing within the residual soil or ie spread footings may be designed for an. allowable soil bearing psf, subject to field inspection and verification as detailed below. i settlement will -be less than 0.5 inches. bility1of near -surface soils in foundation areas between borings should be. M yvisuWinspection and proofrolfing, as discussed in detal below. The inspection ed': �o tbcate any unexpected soft spots which may require undercutting and •with crushed stone to provide uniform bearing. foundation bearing soils should not be left exposed during inclement ation and subsequent disturbance of these sods -can result in a loss of aring capacity, leading to increased settlement. In addition, we suggest slab excavations be examined for uniformity of soil properties and tested nic Cone Penetrometer (DCP) to verify design pressures. The inspection locate any unexpected soft spots that may require undercutting and crushed stone to provide uniform bearing. This inspection should be e any reinforong-steel or -concrete is placed. ENGINEERING TECTONICS. P.A. +vu,aae ALC J.umy 24. 2oo6 Page 4 The residual soil, when disturbed by sampling, appears as tan, and brown; loose to medium dense, sand, (SW) and gray, soft to firm, silty -clay, (CL). The blow count values within these materials ranged between 4 blows per foot and 18 blows per foot. For soil descriptions and general stratification at a particular boring location, the respective Test Boring Record should be reviewed. Logs of the exploratory borings are appended to this report. Subsurface conditions between boring locations and elsewhere on site may vary, and subsurface anomalies may exist. which were not detected. WATER TABLE CONDITIONS Water level observations were made after completion of drilling operations. In power auguring operations, water is not introduced into the boreholes during drilling. Groundwater elevations can often be ascertained by observing water seepage into the boreholes after drilling and the moisture content of recovered samples. The water level 5 observations are noted on the respective boring logs. Groundwater or a caved in condition indicating groundwater was encountered in all borings at depths ranging from 6.5' to 12.0'. It should be noted that dependent on the permeability of the in -place soils, it could take several days for the groundwater level to stabilize within the borehole. Fluctuations in the location of the long term groundwater table may occur seasonally and are also dependent upon variations in precipitation, evaporation, and surface run-off. ENGINEERING TECTONICS, P.A. should be proofrolled using a loaded tandem axle dump truck. The uld be performed. in order. to aid in .locating any soft areas within the roofrolling- of the exposed surface should consist of four (4) complete area, with two (2) of the passes in a direction perpendicular to the es. All proofrolling should be observed by an experienced geotechnical areas that pump or nit should be undercut to firm soil and replaced with 3 engineered fill; we -recommend that -an experienced soils engineer inspect surface. At that time, the construction area should be proofrolled with a- m axle dump truck in order to aid in locating any -soft areas within the as described herein. utilized at the site should be selected on the basis of its plasticity and laboratory compaction tests. On -site soils that are found to contain Renal, including organics and topsoil, should not be used as engineered fill structures: In addition, soils having a Plasticity Index (PI) in excess of 20 lard Proctor (ASTM D-698) maximum dry density of less than 95 pcf should without prior engineering evaluation and approval. within the proposed construction area should be compacted a minimum of maximum dry density obtained. in accordance with ASTM Specification,D-698 Proctor). All fill to be placed -within twelve inches of the design sub grade hould be compacted to 100% of the Standard Proctor maximum dry density. ild be placed and mechanically compacted in uniform lifts not exceeding 9 ENGINEERING TECTONICS, P.A. January 24, 2006 Page 6 y For ease of construction and to avoid a local shear or "punching" failure of the footings, minimum column and continuous wall footing widths of 24 inches and 18 inches, respectively, should be used. In order to provide adequate frost cover protection, we recommend that all exterior footings be located a minimum of 18 inches below the final exterior ground elevation. Construction Considerations Groundwater is present at a relatively shallow depth at this site and as such, the contractor should be prepared to dewater the excavation if necessary. Floor Stab Design The ground floor of the structure is to be constructed as a slabon-grade. We i 3 recommend a modulus of subgrade reaction (k) of 75 psifin. for the design of the floor slab bearing on suitably compacted structural fill. Additionally, we recommend that a minimum 4-inch thick layer of washed stone or crushed gravel, maximum size of 1.5 inches with a maximum of 5% passing the number 200 sieve, be placed under the stab to act as ,a capillary barrier. A vapor barrier, placed immediately before the floor slab concrete, may be utilized on top of the stone for additional moisture protection. Prior to placing the stone for the capillary cutoff layer, the floor slab subgrade soil should be property compacted and free of standing water or mud. Since the structure will be supported on spread footings, it is recommended that the slab -on grade be isolated from the walls in order to allow relative displacements. The floor slab should be designed for the anticipated loading conditions and a suitable number of crack control joints should be installed. The slab should be nominally reinforced to maintain its integrity should minor differential movement occur. ENGINEERING TECTONICS, P.A. I1! WWWM.0 1�,24.2906 PWa inches in loose thickness. The moisture content of all fill at the time of placement should be within plus or minus 3% of the optimum moisture content established by the laboratory compaction test. Ells placed against sloping surfaces should be 'knit or benched into the existing slope in horizontal layers in such a manner to provide satisfactory bond and to avoid planar surfaces of potential sliding. Materials should not be placed when either the fill material or the foundation surface are excessively wet, frozen, improperly compacted, or otherwise unsuitable. r We recommend that the fill be carefully observed during placement to determine if proper compaction is being achieved within the building and parking areas. A minimum of one in -place density test should be performed in general accordance with AST1N Specification D-1556 for each 2500 square feet of lift area with a minimum of two tests per lift. GENERAL QUALIFICATIONS This report has been prepared for the purpose of evaluating the existing subsurface conditions and determining design criteria for the footings of the proposed Windsor ALC site located in Windsor, NC. The information and recommendations reported herein are presented to assist in the design of this project. In the event there are any significant changes in the size, design, or location of the project structures, changes in the planned construction from the concepts previously outlined, or changes of the design parameters stated in this report, the conclusions and recommendations contained in this report shall not be considered valid unless these changes have been reviewed and our conclusions and recommendations reaffirmed or appropriately modified, in writing. .ENGINEERING TECTONICS. P.A. PA 'I L" Vj L"-"" - �-Oo Page 1 of 1 OWNER., BORING NUMBER B-2 ARCHfTECT-ENGINEER 'PROJECT:NAME MR. JEFF �'a WINDSOR ALC THOMPSON u . a JOB NO. 'SITE LOCATION 0 Unconfined compressive strength TonslFT. 06-145-A 1 2 a a 5 ' '.f...- w F. Plastic Water Liquid O D. a O ENGINEERING TECTONICS, P. A. Limit % Contents % Limit % o '".'DEPTH w w � ENGINEERS- GEOLOGISTS HYDROLOGISTS F 10 20 s0 a0 50 S' d 0 J J FEET a a crIr a W DESCRIPTION OF MATERIAL Standard 0 Penetration Blows/ft. ' CO Surface Elevation 10 20 so 40 5o y = 8 INCHES TOPSOIL. TAN, LOOSE TO MEDIUM DENSE, SAND, (SW). 7 1 SS 2.5 4.0 {I` 5 2 SS 5.0 6.5 8 3 SS 7.5 9.0 / 2 10 a 55 10.0 lt5 GRAY, SOFT TO FIRM, SILTY CLAY, (CL). I 15 5 SS 15.0 8 16.5 BORING TERMINATED AT 16.5 FEET, e stratifira5on lines represent the approximate bountlary lilces between soil types: In -situ, the trans8ion may De gradual WATER TABLE DATA -DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED 1 /18106 1 /18106 8� � 0 HRS. 6= 1 RIG FOREMAN APPROVED BY AUGER HRS. gy7 RM KIP HSA BORING . • I JOB NO. ;, NC 06=145=A- w O _ ENGINEERING TECTONICS, P. A. ENGINEERS- GEOLOGISTS- HYDROLOGISTS W W O LL DESCRIPTION OF MATERIAL to Q Surface Elevation = 6 INCHES TOPSOIL. (Sw). a a 1 I SS 12.5 4.0 12ISS 15.0 6.5 3 I SS 17.5 9.0 10 _ 4 I SS 1110.0 11.5 r I 15—{ 5 ISs 1. I 16.5 O Unconfined compressive strength Tons/Fr. 1 2 3 4 5 Plastic Water Liquid Limit % Contents % Lund % X................. g------------- -- X if 20 50 40 50. Standard Penetration Blow.s/1t. WATER TABLE DATA -DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED 1l18/06� 7/18106 go a 0 HRS. 6.5 RIG FOREMAN APPROVED BY AUGER �� 1 HRS. B-47 RM I KP HSA I Page 1 of 1 ARCKO7ECT-EXCU0EER yyINp50R ALC MFL JEFF THOMPSON LOCATIONJOB NO: O Unconfinedmmpressiw'unapt, TonslFT. yJINDSOR, NC 06-145-A t 2 a 4 s �...ynr O z w a > w O ENGINEERING TECTONICS, P. A- Plastic Water Liquid Land X Contents % Land X kni /^' 10 20 30 a 50 - EMNEERS• GEOLOGISTS, HYDROLOGISTS w PJT a Q O a a: Q DESCRIPTION OF MATERIAL 0 Bbwsnt. 1 `Surbce illation to 2e ag �g se 6 INCHES TOPSOIL. BROWN AND TAN, LOOSE TO MEDIUM DENSE, SAND, (SW). i� I I SS 2.5 4,0 5 z SS 5.0 B.5 i 3 SS 7,5 0.0 10 a SS 10.0 t15 GRAY, FIRM, SILTY CLAY, (CL). 15 5 SS 75.0 16.5 BORING TERMINATED AT 16.5 FEET. The tines n�ngteni the ayprmvrwte boundary (ales beCween sd fyPes: hlsdu, Ore tnrn[cn may Oe gIaOW l WATER TABLE DATA -DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED , 1/18106 1M8/06 '''010 1,0 HRS. 6 5 .�ti RIG F00.EMAN APPROVED BY AUGER ��—•- 1 I HRS, B47 RM KP HSA Y -•' Page 1 of 1 BORING NUMBER .�„•,' ARCHfTECT-ENGINEER RAC cs„ MR. JEFF THOMPSON 01OJOB NO. O Unmrfined compressiva strength Tons/FT. �S7TE'., .,n0a. 06-145•A 1 z 3 a 5 NpgQ- W Plastic Water Liquid p, yl* Limit % Contents % Limit % O, ENGINEERING -TECTONICS, P: A. iLu X.................®................x pEEpTF1 eWyyf J Wk O� ENGINEERS- GEOLOGISTS- HYDROLOGISTS. to xo 30 ao so ' 1N:PEET 7 n. a4tIY= Standard DESCRIPTION OF MATERIAL • Penetration BI°ws/R: Surface Elevation to m 30 40 so =. 6 INCHES TOPSOIL. {yy�r r TAN, MEDIUM DENSE, SAND, (SW): VT- 4, tf11 T Z #(VIM 1E sss1 25i- • �..^.r _ .. '2j SS 5.0 6.5 3 SS 7.5 % I 9.0 F 10 7 + SS 10.0 11.5 GRAY, FIRM, SILTY CLAY, (CL). 15 t 5 SS 15.0 16" BORING TERMINATED AT-16.5 FEET. 1 The stratification Ones represent the aDDroximate boundary lines between soa types: In -situ, tlu transition may be gradual WATER TABLE DATq-DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED 1118/O61l18106 ft1G FORFJWIN APPROVED 8Y AUGER —� 1 HRS. g.dT RM KP HSA Soil Profiles ENGINEERING TECTONICS, P.A. KE High Plasticity Clay e Low Plasticity Clay Low Plasticity Silt I� High Plasticity Silt Poorly -graded sand Well -graded Sand 5 Sandy Clay Q Water Level at Time of Boring Z Water Level at 24 Hours SS - Split Spoon Sample LID - Undisturbed Sample -(- Silty clay;-`.: Silty Sand Sandy Silt Clayey Sand = Clayey Silt 0 a o Gravel 0 Alluvial Fill ENGINEERING TECTONICS, P. A. ENGINEERS- GEOLOGISTS HYDROLOGISTS ® Bedrock (Igneous) ® Bedrock (Metamorphic) ® Sedimentary Rock ' AsphalUStone ® Topsoil EXPLANATION OF SYMBOLS FOR WINDSOR ALC WINDSOR, NC CT NO. DATE: FIGURE: 06-145-A Jan 06 1 ir■ General -Qualifications WTthOVtss1wepoft5MVrbprepared in order to aid in the evaluation of this propety and to assthearchitect and/or engineer in the design ofthis project. The scope limited to r theuspec�i_ficc project and'location-described herein, and our description of the project qr;rrecprese its ourunderstanding of the significant aspects relevant to soil and foundation �characteristia FIn the event that any changes -in the design -or location of building(s) so�utl edyin tlils report are planned, we should be informed so the changes can be 5+_:- fi rreviewed end the conclusions of this report modified or approved in writing by the soil fouridation engineer. Ai' recommended that all construction operations dealing with earthwork and foun- = }' dations be inspected by an experienced soil engineer to assure that the design require- ments ire -fulfilled -in the actual construction. If you wish, we would welcome the opportunity to provide these inspection services for you during construction. In addi- tion, we would welcome the opportunity to review the plans and specifications when they have been prepared so that we may have the opportunity of commenting on the effect of soil conditions on the design and specifications: The analysis and recommendations submitted in this report are based upon the data ob- tained from.the soil borings performed at the locations indicated on -the location dia- gram and from any other information discussed -in -this -report. This report does not reflect any variations which may occur between these borings. In the performance of subsurface investigations, specific information is obtained at specific locations at specif- ic times. However, it is a well-known fact that variations in soil and rock conditions exist on, most -sites between boring locations and -also such situations as groundwater lev- els vary from time to time. The nature and extent of variations may not become evident until the course of construction. If variations then appear evident, it will be necessary for a re-evaluation of the recommendations of this report after performing on -site observations during the construction period and noting the characteristics of any variations. Because of the possibility of these unanticipated subsurface conditions occurring, we recommend that a "changed condition" clause be provided in the contract both with the general contractor and in contracts with sub -contractors involved in foundation and earthwork construction. It is felt that the inclusion of this clause will permit contractors to give lower prices because they will not need to provide as much in contingencies as they normally would if equitable adjustment of changed conditions will minimize con- flicts and litigation with the attendant delays and costs. furthermore, by the immedi- ate recognition and adjustment in contract price at the time the changed conditions are encountered, the immense problem of trying to recreate facts when litigation develops later is eliminated. A mediation/arbitration procedure is recommended in the event the owner, contractor and professionals do not agree on the changed conditions at the moment they are disclosed. If you wish, we would be pleased to furnish additional information pertaining to this procedure. General Notes ENGINEERING TECTONICS, P.A. 0 GENERAL NOTES NG SYMBOLS: - 1 3/80 L.D., 2" O.D.- OS- = Osterberg Sampler 'wise noted HS - Hollow Stem Auger WS - Wash Sample FT = Fish Tail — NX, BX, AX RB a Rock Bit le BS - Bulk Sample PM - Pressuremeter Test, In -Situ GS - Giddings Sampler uion: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch O.D. split spoon sampler, except where otherwise noted. EVEL MEASUREMENT SYMBOLS: Hater Level WCI = Wet Cave In Vhile Sampling DCI - DryCave In Vhile Drilling BCR = Before Casing Removal Uter Boring ACR - After Casing Removal As indicated on the boring logs are the levels measured in the boring at the times indicated. In pervl- the indicated elevations are considered reliable groundwater levels. In impervious soils, the accurate lion of ground water elevations may not be possible, even after several days of observations; additional of ground water elevations must be sought. t' •: �.� GRADATION DESCRIPTION & TERMINOLOGY: r Coarse Grained or Granular soils have more than 50% of their dry weight retained on a 8200 sieve; they are described as: boulders, cobbles, gravel or sand. Fine Grained soils have less than 50%of their dry weight retained on a 8200 sieve; they are described as: clays or clayey silts If they are cohesive and silts if they are non -cohesive. In addition to gradation, granular soils are defined on the basis of their relative in -place density and tine grained soils on the basis of their strength or consistency and their plasticity. - Major Descriptive Term Component 01 Components Also Percent Of Of Sample Size Range Present in Sample Dry Weight Boulders Over 8 in. (200 mm) Trace 1-9 Cobbles 8 inches to 3 inches Little 10. 19 (200 mm to 75 mm) Gravel 3 inches to N4 sieve Some 20 - 34 (75 mm to 4.76 mm), Sand #4 to 8200 sieve And 35 - 50 (4.76 mm to 0.074 mm) Slit Passing #200 sieve (OA74 mm to OL05 mm) Clay Smaller than 0.005 mm CONSISTENCY OF COHESIVE SOILS: Unconfined Compressive Strength, Ou, tsf Consistency < 0.25 Very Soft 0.25.0.49 Soft 0.30-0.99 Medium (Firm) 1.00. 1.99 Stiff 2.00-3,99 Very Stiff 4-00.8,00 Hard > 8,00 Very Hard RELATIVE DENSITY OF GRANULAR SOILS: N— blows per ft. Relative Density 0-3 Very Loose 4-9 Loose 10-29 Medium Dense 30-49- Dense so - so Very Dense 30+ Extremely Dense .wit• SVA '.Y