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HomeMy WebLinkAboutSW8980124_HISTORICAL FILE_20090313STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE El COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Cdeen H. Sullins Governor Director March 13, 2009 Mr. Lawrence A. Wilson, Jr. Wilson Family Realty, LLC Wilson's Restaurant 4925 New Centre Drive Wilmington, NC 28403 Subject: Stormwater Permit No. SW8980124 Allefgh's Restaurant New Hanover County Dear Mr. Wilson: Dee Freeman Secretary The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980124 to Wilson Family Realty, LLC for a High Density pond to serve Alleigh's Restaurant on May 6, 199& This permit expired on May 6, 2008. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $606.00. If this is still an active project please complete and subunit the enclosed renewal application In a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please Include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feet free to contact David Cox at 910-7W7318. Sincerely, Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office 127 Cafdinel Drive Extension, Whmington, NC 29405 PHONE: (910) 796-721STAX: (910) 350-2004 An EqW OppWmgV AfrrmagA Adan Empbyer a" NCarolina Naturally Michael F. Icaslcy, Governor William G. Ross Jr., Secretary North Carolina Dcparinrcrtl of-linviionmcnt and'haWral Resources Coleen 11. Sullins Director Division nl Walcr Oualu% July 17, 2007 Mr. Lawrence A. Wilson, Jr. Wilson Family Realty, LLC P. 0. Box 1356 Wrightsville Beach, NC 28480 Subject:: Stormwater Permit No, SW8980124 Alleigh's Restaurant New Hanover County Dear Mr. Wilson: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980124 to Wilson Family Realty, LLC for a High Density pond to serve Alleigh's Restaurant on 51611998. This permit will expire on 5/6/2008. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Sincerely, J. Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office We Northcarohnn ✓11rrlrrrally North C;uolina Division o1' water Quality 127 Cardinal Drivc Gstcnsion Wilminglorr, NC' 29405 Phone (910) 796-7215 Cuswnrcr 5cwicc %k9nringum Regional C)tficc ln%:rnvt', S%A%1%%.11c%%?A:tclnaIiIy, rig 14ix (910) 350-2004 1-877-623-67,18 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110%a Posl Consumer Paper w a 7 � Y July 17, 2007 Mr. Lawrence A. Wilson, Jr. Wilson Family Realty, LLC P, O. Box 1356 Wrightsville Beach, NC 28480 Subject:: Stormwater Permit No. SW8980124 Alleigh's Restaurant New Hanover County Dear Mr. Wilson: Michael P Easley, Governor Williatn G, ]toss Sr., Secretary North Carolina Dcparlmcnl of l:nvirumnent and Naltnritl Kesources Colcen 11. Sullins Direcwr Division of walcr Quiilily The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980124 to Wilson Family Realty, LLC for a High Density pond to serve Alleigh's Restaurant on 51611998. This permit will expire on 51612008. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. if this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application_ You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may resuit in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Sincerely, Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office i`UrthCarolin a fhrrtrrrrr!!� North Carolina Division of Water Qualil)' 127 Cardinal Drive Extension Wilminglon, NC 29405 Phone (910) 796-7215 Customer scrvicc WilmingionkegionalOfiice lntcrner: rvurv.ncsvalcrqualitv.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Actlon Employer-- 50% Recycled110% Post Consumer Paper 1 O N N o I 0 iy LL u It 041INn oo Nw (t w 00 3 in toz oixz LIJ uotj Ti W (A L W 0 w 0 J00 UFF z Z xwz olz Oilt 0:) ff)MD u O� D(Xzw z 0 W North Carolina Secretary of State Page I of' I North Carolina Elaine F. Marshall DEPARTMENT Secretary RETA RY oi= STATE 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 B213 Annual Reports SOSID Number Correction 2001 Bill Summanes 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for L-Procurement Dept, of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site PC) Rox,, 29622 Raleigh, NC 27626-0622 (9191P07-2000 Date: 817I2007 Click here to: View Document Filings 1 7_1Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC WILSON FAMILY REALTY, Legal LLC Limited Liability Company information SOSID: 0429580 Status: Current -Active Date Formed: 6/12/1997 Citizenship: Domestic State of Inc.: NC Duration: MAY 2047 Registered Agent Wilson Jr, Lawrence a 2212 Moreland Drive Wilmington NC 28405 2212 Moreland Drive Wilmington NC 28405 4925 New Centre Dr . Wilmington NC 2B403 TOOLS Principal Mailing Address: 4925 New Centre Dr Secretary of State Home Wilmington NC 28403 Secretary of State Site Map Printable Page Agent Name: Registered Office Address: Registered Mailing Address Principal Office Address For questions or comments about the Secretary of State'& web site, please send a -snail to Webmaster. http://www.secretary.stcite.iic.tislcorporationsICoi-p.,tspx'?I"itemld=4624683 8/7/2007 North Carolina Secretary of State Page 1 of 1 North Carolina r 1 } = Elaine F. Marshall DEPARTMENT OF t I-IE r � Secretary SECRETARY or bTATE PQ Box 29522 Ralekgh, NC 27025-0- 22 {g191807-2000 CORPORATIONS Corporations Horne 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 B23 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 Secretary of State's web site TOOLS Secretary of State Horne Secretary of State Site Map Printable Page Date: 8/7/2007 Click here to: View Document Filings 1 711 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Wilsons Where Food Legal Meets Fun, LLC. INC Alleigh's, LLC Prev Legal Limited Liability Company Information SOSID: 0429579 Status: Current -Active Date Formed: (3112/1997 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address Registered Mailing Address: Principal Office Address Principal Mailing Address: Wilson Jr, Lawrence a 4925 New Centre Dr Wilmington NC 28403 4925 New Centre Dr Wilmington NC 28403 4925 New Centre Drive Wilmington NC 28403 4925 New Centre Dr Wilmington NC 28403 For questions or comments about the Secretary of State's web site, please send a -mail to Webmaster. http://wNvw.secretar),.state.nc.uslcorporations/Coi-p.asi)x?l'itemld=4614021 8/7/2007 FF.B 13 I'll, February 9, 2001 Rick Shiver Supervisor NCDENR 127 Cardinal Dr. Ext., Wilmington, N.C. 28405 Subject: Reply Compliance Inspection Alleigh's Restaurant Stormwater Project o. SW*980124 New Hanover Coun Dear Mr. Shiver: Thank you for your letter dated January 11, 2000. Upon careful inspection of our detention pond, a rag was found clogging the outlet orifices. I personally have removed the rag. During the time of the construction of the Walmart project next door, we experienced on several occasions, our pond water flow being blocked. On one occasion, I had to personally call Hank Miller of Miller building to get the pipe which the pond water flowed through, unclogged, as it was dammed up to allow the underground piping to be installed. We were within inches of the pond flowing out of it's banks. The pond is now back to a compliance level. I will personally be doing weekly inspections of the pond, and will also have Retention Pond Services, do a quarterly walk through with myself to ensure that proper maintenance and flow are in compliance. If I can help you any further in this matter, please do not hesitate to contact me. Sincerely, Larry Wilson, Manager Wilson Family Realty, LLC January 11, 2001 CERTIFIED MAIL 97000 1670 0005 7382 3814 RETURN ia',cF1PT REQUESTED Mr. Lawrence A. Wilson, Jr. Wilson Family Rcalty, LLC 110 Box 1356 Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION Alleigh's Restaurant Stormwater Permit No. SW8 980124 New Hanover County Dear Mr. Wilson: On October 5, December 11, 2000 and January 10, 2001, Wilmington Regional Of -free personnel performed Compliance Inspections of the project known as Alleigh's Restaurant, located at 4925 New Centre Dr. on the corner of Sigman Road and New Centre Dr., Wilmington in New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 980124, issued to Wilson family Realty, LLC on May 6, 1998. The project has been found in violation of Stormwater Permit Number 980124, Issued pursuant to the requirements of 15A NCAC 211.1000. The violations found are: On all three inspections a white rag was being used to clog the outlet orifice. It appears to have been stuffed into the pipe from within the outlet structure in order to keep the water at a higher elevation. Oil February 11, 2000, Ms. Linda Lewis, from this Office, wrote a compliance inspection letter regarding the clogging of the outlet structure and the necessity of proper maintenance. The response to this in letter, elated February 25, 2000, stated that debris, a pinecone and plastic, had Clogged the outlet. In this case it appears that the outlet was purposely clogged with a rag in order to maintain a higher level of water. This could he considered a ►villfml acid intentional act. jk Mr. Wilson October 10, 2000 Stormwater Permit No. SW8 980124 To correct these violations you must : Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before February 11, 2000. 2. Provide all records of the required maintenance practices that were performed. on the site. A permit re'quire171ew is to keel) such reCor(1S tivllh dales (md 1);1)es (ff maintenance ante pee f)177Yed Failure to provide the "I"Ian of Action" by February 11, 2000, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 21-I.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the New Hanover County Building Inspector, this Office is requesting; that the landing Inspector consider withholding; building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Mr. Scott Vinson at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSSlsav: S:1WQS\S'I'ORMWATINOTICI?1980124.00'I' cc: Tony Roberts, New Hanover County Building Inspections Scott Vinson Central Office r Great tooa tun & everything under the sun! February 25, 2000 Linda Lewis Environmental Engineer NCDENR 127 Cardinal Dr. Ext., Wilmington, N.C. 28405 Subject: Reply E C E I V E MAR 0 8 2000 PRDJ # �a Z Compliance Inspection AIleigh's Restaurant Stormwater Project No. SW*980124 New Hanover County Dear Ms. Lewis: Thank you for your letter dated February 11, 2000. Upon careful inspection of our detention pond, a pinecone and a piece of plastic were found to be clogging the orifice. A picture of the pinecone, plastic, and the new level of the pond are included for your inspection. The pond is now back to a compliance level. If I can help you any further in this matter, please do not hesitate to contact me. a - Sincerely, �L 10 Larry Wilson, Manager Wilson Family Realty, LLC 4925 New Centre Drive • Wilmington, NC 28403 • Phone: 910-793-0999 State of North Carolina i)epartment of Environment f and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality February 11, 2000 Mr. Lawrence A. Wilson, Jr., Manager Wilson Family Realty, LLC PO Box 1356 Wrightsville Beach, NC 28480 NCDENH% NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND Ni6URAL RESOURCES Subject: COMPLIANCE INSPECTION AIleigh's Restaurant Stormwater Project No. SW8 980124 New Hanover County Dear Mr. Wilson: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on February 9, 2000, to determine compliance with Stormwater Permit Number SW8 980124 issued on May 6,1998. A summary of the findings and comments are noted under Section 6 of the report. Please inform this Office in writing before March 11, 2000 of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIINSPECT1980124.FEB cc: Larry Sneeden, P.E. Central Files Linda Lewis 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper STORMWATER COMPLIANCE INSPECTION REPORT • I 1. Project Name: Alleigh's Restaurant Project Number: SW8 980124 Control Measure: a wet detention pond Water Body: Smith Creek Classification: "C Sw" Directions to site, address: Corner of Sigman Road and New Centre Drive, Wilmington. 2. Inspection Date: February 9, 2000 Weather Conditions: Sunny & cold. Last rain event was January 31, 2000. 3. Compliance Issues: a. The water level in the pond was still at the overflow elevation of 36.9, after 10 days without rain. The required storage for the first inch of rain is not being provided. 4. Required Actions: a. Please investigate and correct the cause of the high water level. The orifice could be clogged, or the groundwater elevation could be above the permanent pool. You may need to raise the outlet structure to provide the required storage. Inspector: Linda Lewis v ' Water Quality/Wilmington Regional Office/(910) 395-3900 RSS/arl: S:IWQSISTORMWATIINSPECT1980124.FEB Mar 23 '98 10:47 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Jmes B, Hunt, Governor Wayne McDevitt, Secretary FAX COVER SHEET Bate• ' —2 1cl No. ages: To: r�--1U _ nn Fro .CO: CO: FAX FAX#: 910-350-2004 RE11MRKS: i 127;'Cardlnal Drive Extension, Wilmington, N.C, 2840"845 Telephone (90) 39S-3900 Fax (910) 350-2004 An Equal Opportunity Afllrmativt Action Employer I U U C/] v 7 Ql i 5Q /fit �U N .. a In zw°w 4' 0 'O V N -r 0 C ry 0 M A u n C4 ANDREW & KUSKE CONSULTING ENGINEERS, INC. Memorandum To: Linda Lewis From: Larry Sneeden Date: 10/23/97 Re: Detention Pond Bulkhead Project: Alleigh's Restaurant A&K # 97290 To confirm our telephone conversation this afternoon, a bulkhead or other hardened slope protection is allowed above the state 1-inch storage pool level only. Below that level, the slopes must be 3:1 and vegetated to normal pool, with the standard 6:1 vegetated shelf below normal pool. We also discussed that it is acceptable to install a solid deck above the slope and pond if the deck coverage was a minor part of the total pond surface area and slope. In this instance, the deck will be a semi -circle 40 ft. wide with a 20 ft. overhang of the slope and pond. Coverage will be approximately 600 s.f. (4%) of the 14,000 s.f. pond area. The slope covered will be 40 ft. (6%) of the 620 ft. total length. Please notify me immediately if this information is not correct, as we are proceeding with design. CC: Larry Wilson Darryl Barker 902 MARKET STREET WILMINGTON, NORTH CAROLINA 28401-4733 910/343-9653 FAX 910/343-9604 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality March 17, 1998 Mr. Larry Sneeden, P.E. Andrew and Kuske 902 Market Street Wilmington, NC 28401 1 0 • NCDENF1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Retaining Wall Pond Slopes for Alleigh's Restaurant Stormwater Project No. SW8 980124 New Hanover County Dear Larry: When we sat down to discuss the retaining walls for this project, it was in the context of a necessary thing that this project needed in order to provide an over -water dining area. It was my understanding that the retaining wall would comprise a very small percentage of the overall pond shoreline length. In order to accomodate this unusual situation, I was then, and still am, willing to approve a small amount of retaining wall where the dining floor of the restaurant extends over the pond. Since you have deleted the dining area over the pond, the unusual situation has reverted to a normal everyday detention pond project. A retaining wall is no longer needed, and not permittable under the regulations. A retaining wall of the length and in the locations you proposed will also cause problems in accessibility for maintenance. There are many factors which must be considered in pond design, aesthetics being only a small one. The ability of the pond to function properly is our goal, and I believe excessive lengths of retaining walls will interfere in that functioning. If you have any other questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATILETTERS1980124.MAR cc: Bradley Bennett David Mayes, P.E. Linda Lewis Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper "a c1,a EN ANDREW & KUSKE CONSULTING ENGINEERS, INC. RECEIVED MAR 1 9 1998 Memorandum To: Linda Lewis Project: Alleigh's Restaurant From: Larry Sneedenl f S.W. Projec # SW8 980I24 Date: 03/18/98 A&K # 97290 Re: Comment Letter of March 17, 1998 Attached for your review is a copy of a memo dated October 23, 1997, along with a copy of the facsimile Transmission Report showing that it was sent to your office. The purpose of that memo was to confirm our telephone conversation about bulkhead restrictions around detention ponds. The first paragraph clearly states my understanding that bulkheads were allowed above the state storage level. I did not and do not recall any part of the conversation limiting use of the bulkhead as long as the stated restrictions were met. The second. paragraph discusses the acceptability of a solid deck above the pool provided it was a minor part of the pond surface. 'hhis was a separate issue and was discussed as such on the phone and confirmed by memo. hi the third paragraph, I requested that you notify me if that information was not correct. The reason I wrote that memo and asked for your response was to clarify and confirm that conversation and avoid any disagreements on this issue in the permit stage. I have no record in my files of any response and am frankly surprised that this has become an issue again. Paragraph .1008 (e) (7) of the state storrnwater regulations states that "The basin side slopes for the storage volume above the permanent pool shall be stabilized with vegetation down to the permanent pool level and shall be designed in accordance with Paragraph (c) (2)". (boldface type added) This paragraph is consistent with our conversation, the referenced memo, and the design as submitted for your approval. I can find no other section of the regulations that is inconsistent with or more restrictive than this requirement. 902 MARKET STREET WILMINGTON, NORTH CAROLINA 28401-4733 9101343-9653 FAX 910/343-9604 March 18, 1998 My client and I have each invested a considerable amount of time and money preparing the design before you. It is an integral part of the project, functionally and aesthetically. We have been diligent in assuring that this design was consistent with your regulations and was acceptable to your agency and to you. We respectfully request that you approve this project as submitted. CC: Larry Wilson Daryl Barker 9�olz+ A&K #97290 ENGINEERING&FACILITIES APPLICATION FOR PERMIT FOR A S-�S Fy.6Y[l f0 LAND -DISTURBING ACTIVITY File �i UNDER THE CONDITIONS SET FORTH BY �Number Fee Paid THE NEW HANOVER COUNTY Z fQ�wooSx��� SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE D to Applicant_ Wilson Family_Realty, L.L.C. , ^^� Applicant's Agent: None Address: P.O. Box 1356 Address: Wrightsville Beach NC 28480 Telephone Number 910125Q-0092 Telephone Number: Total Acres of Land Disturbance: 4.85 Purpose of Development: Restaurant Location and Description of Land Disturbance: SW intersection of New Centre Drive and Sigmon Road with clearing, grading and construction of restaurant, STATEMENT OF FINANCIAL RESPONSIBILITY Land owner(s) of Record Person or firm(s) financially responsible for the land -disturbing activity. If not a North Carolina resident you must have a N.C. agent (List Below) Name: Wilson Family Realty, L.L.0 Name: Wilson Family Realt L.L.C. Address: P.O. Box 1356 Address: P.O. Box 1356 VVrightsvilleWrightsville Beach. NC 28480 Telephone Number: 9101256-0097 Telephone Number: 910/256-0097 Location of deed(s) or instrument(s): County_ New :Hanover Book Page The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. (This form must be signed by the financially responsible person if an individual and by an officer, director, partner, attorney -in - fact, or other person of authority to execute instruments for the financially responsible person if not an individual.) I agree to provide corrected information should there be any change, in the information provided herein. Date: _December 30, 1997 _ Name (Type or int) ` Lawrence A. Wilson, Jr. Title: Manager _ Signature: Susan B. Sheffield a Notary Public of the County of New Hanover state of North Carolina, herebycertif Lawrence A. Wilson, Jr. Y that _. _ . _ appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. SNE,��i VA o ac Ci AUB1.�G �? R CO��/ Witness my hand and .notarial seal, this , 30th day of December 19 97 Notaryw^`'r j My commission expires July 23, 2002 State of North Carolina Department of Environment ` and Natural Resources 0 Wilmington Regional Office James B. Hunt, Jr., Governor NCDENR Wayne McDevitt, Secretary Division of Water Quality NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 17, 1998 Mr. Larry Sneeden, P.E. Andrew and Kuske 902 Market Street Wilmington, NC 28401 Subject: Retaining Wall Pond Slopes for Alleigh's Restaurant Stormwater Project No. SW8 980124 New Hanover County Dear Larry: When we sat down to discuss the retaining walls for this project, it was in the context of a necessary thing that this project needed in order to provide an over -water dining area. It was my understanding that the retaining wall would comprise a very small percentage of the overall pond shoreline Iength. In order to accomodate this unusual situation, I was then, and still am, willing to approve a small amount of retaining wall where the dining floor of the restaurant extends over the pond. Since you have deleted the dining area over the pond, the unusual situation has reverted to a normal everyday detention pond project. A retaining wall is no longer needed, and not permittable under the regulations. A retaining wall of the length and in the locations you proposed will also cause problems in accessibility for maintenance. There are many factors which must be considered in pond design, aesthetics being only a small one. The ability of the pond to function properly is our goal, and I believe excessive lengths of retaining wails will interfere in that functioning. If you have any other questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATILETTERS1980124.MAR cc: Bradley Bennett David Mayes, P.E. Linda Lewis Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper •1. ANOREW & KUSKE CONSULTING ENGINEERS, INC. Memorandum To: LindaLewis From: Lang 5needen,�- l Date: 03/18/98 . Re: Comment Fetter of March 17, 1998 project: Alleigh's Restaurant S.W. Project # SW8 990124 A&K # 97290 Attached for yow review is a copy of a memo dated October 23, 1997, along with a copy of the facsimile Transmission Report showing that it was sent to your office. 'i(`he purpose of that metro was to confirm our telephone conversation about bulkhead restrictions arotmd detention ponds. The first paragraph clearly states my understanding that bulkheads were allowed above the state storage level. I dad riot and do not. recall any part of the conversation limiting use of the bulkhead as long as the stated restrictions were met. The second paragraph discusses the acceptability of a solid deck above.the pool provided it was a xninor part of the pond surface. This was a separate issue and was discussed as auch on the phone and confirmed by memo. In the third paragraph, I requested that you notify me if that information was not correct. The rcaSori I wrote that memo and asked for your response was to claary and confirm that conversation And avoid anv disagreements on this issue in the permit stage. I have no record in my files of any response and am frankly surprised that this has became an issue again. Paragraph .1009 (c) (7) of the state stormwater regulations states that "rhe basin side slopes for the storage volume above the permanent pool shall be stabilized with vegetation down to the permanent pool level and shall be designed in accordance with Paragraph (c) (2)". (boldface type added) This paragraph is 6nsistent with our conversation, the referenced memo, and the design as submitted for your approval, I can find no other section of the regulations that is inconsistent with or more restrictive than this requiremeriL 902 MARKET STREET WILMINOTON, NORTH CAROLINA 28401r4133 9101343.om FAX 9101343-9604 �? r March is, 7 498 My client and I liavc each invested a considerable amount of time and money preparing the dcsign before you, It is aui integral part of the project, functionally and aestheticalky. We have been diligent in assuring that this design 7Aw consistent'vith Your regulatians and was acceptable to your agency and to you. We respectfully request that you approve this project as submitted. CC: Larry Wilson Daryl Barkcr 2 ANDREW & KUSKE CONSULTING ENGINEERS, INC. Memormidm To: Linda Lewis From: Larry Sneeden pate: l otIV97 Re: Detention Pond Bulkhead Pro]om Alleigh's Restaurant A&K # 97290 To confirm our telephone conversation this afternoon, a bulkhead or other hardened slope protection is allowed above the state I -inch storage pool level only. Below tlmt level, the slopes must be 3:1 and vegetated to nonnat pact, with the standard 6.1 vegetated shelf below normal pool. We also discussed that it is acceptable to install a solid deck above the slope and pond if the deck coverage was a minor part of the total pond surface area and slope. In this instance, the deck will be a semi -circle 40 h. wide with a 20 ft, overhang of the slope and pond. Covcrngc will be approximately 600 s.f. (4%) of the 14,000 s.F. pond area. The slope covered will be 40 Ft. (60/6) of the 620.ft, total length. Mew notify me immediately if this information is not correct, as we are proceeding with design CC, Larry Wilson Darryl Harker 902 MARKET STREET WILMINGTON, NORTH CAROLINA 28401-4733 9101343-9653 FAX §101343.9604 Andrew & Kuske MAR '1 0 1998 CONSULTING ENGINEERS, INC. 11M'V- John R. Andrew, P, E. J.A. Kuske, P.E, J, Phillip Norris, P.E. 902 Market St. - Wilmington, North Carolina 28401-4733 - Telephone 910/343-9653 - Fax 910/343-9604 March 9, 1998 Ms. Linda Lewis NCDENR/Div. of Environmental Mgmt. 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: Alleigh's RestauranCSW8 Stormwater Project80124 A & K Project No. 9 Dear Ms. Lewis: Attached for your review are revised calculation pages 1 and 2. This information is provided in response to your comments of March 4, 1998, to which we have the following similarly numbered replies: 1 & 2. We may have a breakdown in communication as to what was previously being asked and what is now proposed. It was my understanding that as long as the bulkhead was above the 1 inch storage pool level, the state was not concerned with it. I believe our design shows that the base of the bulkhead is 36.9, which is the top of the storage pool. We elected not to have the pond extend below the restaurant deck, and placed 37.0 spot elevations around the perimeter to denote this. Instead of taking an inch, we chose to comply with the letter of your regulations. Please notify me if we need to provide further detail or explanation on this item. 3. Sigmon Road is presently a dirt road, owned and maintained by the state. NCDOT has on again/off again plans to pave this road. The city has previously require this road to be paved by the developers of the Gateway Business Park. That project is on hold. In the interim, the city has required that the Alleigh's developer construct the first 850 feet of this roadway, which is shown on our drawings for information. The road is being designed and constructed as a separate project, and it is our intent to submit to your office for approval under Section 21-11.1003(d)(3)(c), which allows for permitting of public roads which minimizes built -upon surfaces and imply best management practices. Although the right-of-way will be heavily .y- Ms. Linda Lewis March 9, 1998 Page 2 built -upon, grassed ditches and swales will be utilized downstream. Those plans and applications are forthcoming. 4, 5, & 6. Calculations have been revised. Please contact me if any further information if required. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. C. Lawrence ZSneden, Jr., P. E. CLSltsm Enclosure cc: Barker -Guidry Architects Larry Wilson 972W9 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality March 4, 1998 Mr. Larry Sneeden, P.E. Andrew and Kuske 902 Market Street Wilmington, NC 28401 ` s NCDENR NORTH CAROUNA DEPARTMENT OF F_NVIRONMENT AND NATURAL RESOURCES Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 980124 Alleigh's Restaurant New Hanover County Dear Mr. Sneeden: The Wilmington Regional Office received a Stormwater Management Permit Application for Alleigh's Restaurant on January 22, 1998. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. This appears to be a classic case of giving an inch and taking a mile. I know we discussed the use of bulkheading for that portion of the pond affected by the restaurant poking out over the water surface, but not for almost the entire pond. Please delete all of the bulkhead on the sides and back of the pond. Only that small amount by the building may remain, as agreed upon. 2. Please relocate the reduced bulkhead so that it begins above the temporary design pool elevation, ie., no part of the bulkhead can be in the water. I believe this was Also discussed. 3. It appears from the plans that Sigmon Road will be constructed as a part of this project, but no offsite area has been accounted for. It also appears from the centerline elevations that the road will puddle water at around Station 6+00. No drainage structures are noted for collecting the runoff. If it is a part of your project, or if the runoff flows to the pond, you must account for it. 4. Please seal the design calculations.. 5. The orifice calculations indicate a 1.25" orifice for the 2 day drawdown, but I calculate between 1.27" and 2.01 " as the range of orifice sizes. If you intend to provide a drawdown closer to the 2 day rate, you need to check your calculation. I believe the error occurs where you calculate the Area as equal to .092 square feet. I believe that should be .023. Revise plans as necessary. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer • 50% recycled110% post -consumer paper Mr. Sneeden March 4, 1998 Stormwater Project No. SW8 980124 6. The forebay sizing is based on 20% of the required volume, not the surface area. Please recalculate. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 4, 1998, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, 1G� Ms. Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF01980124.MAR CC' Linda Lewis Central Files ANDREW & KUSKE John R. Andrevj. y CONSULTING ENGINEERS, INC. 7APR CEIVEU J.A. Kuske, P.E. 902 Market Street 0 �� �� J. Phillip Norris, P.E. Wilmington, NC 28401-4733 910 343-9653 1 FAX 910-343-95--=. BY: LETTER OF TRANSMITTAL Date: Job No. Li 4 - To: S Subject: AJ w ARE SENDING YOU VIA FAX TRANSMITTAL: NUMBER OF PAGES ATTACHED ❑ UNDER SEPAR COVER INCLUDING THIS TRANSMITTAL SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION C3 LSREQU ESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL R USE ❑ FOR SIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: CC SIGNED CON -ID_NTII L AND :)RIVILEGED Information contained in this document is privileged and confidential• intended for the sole use of the adcressee a you a:e r.:: the acafessee or the person responsible for oeliverrng It to the addressee you are hereby notified that any cppy,ny o' this Co:urnenl is slrr-tly 013hibrled If you have received this document in error please rmmedialOy ::ne a::Itss aS:.IYe Andrew & Kuske CONSULTING ENGINEERS, INC. John R. Andrew, P.E. J.A. Kuske, P.E. J. Phillip Norris, P.E. 902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone 910/343-9653 • Fox 910/343-9604 S-TOHMWATER Janua 22 1998 NC DEHNR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Alleigh's Restaurant New Hanover County A&K Project No. 97290 Dear Ms. Lewis: JAN 2 21998 Enclosed are three sets of plans for the subject project, calculations, the Division of Water Quality stormwater management permit application and a $385.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. a - C" - 5-kz� IJY;Z� C. Lawrence Sneeden, Jr., P.E. CLS/sbs enclosures CC' Barker/Guidry Architects 97290SWL o`a0F W A r ? ^� N 1" 1 01 M- August 5, 2008 Mr. Lawrence A. Wilson, Jr. Wilson Family Realty, LLC Wilson's Restaurant 4925 New Centre Drive Wilmington, NC 28403 Subject:: Stormwater Permit No. SW8980124 Alleigh's Restaurant New Hanover County Dear Mr. Wilson: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Ii, Sullins Director Division of Water Quality The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980124 to Wilson Family Realty, LLC for a High Density pond to serve Alleigh's Restaurant on 51611998. This permit expired on 51612008. Section .1003(h) of 15 A NCAC 2H .1000 (the stom7water rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Sincerely, RC,, Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office No � hCarolina NaturallY North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: Fax (910) 350-2004 1-877-623-6748