HomeMy WebLinkAboutSW8060725_HISTORICAL FILE_20150817STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD
Corporations Division
Page 1 of 1
North Carolina
Ej,qirne F, Mqrsha11 DEPARTMENT OF THE
Secretary GECRETARYOF STATE
PO Box 29M Raleigh, NC 27626-Ri22 (9193807."C
Click Were To:
View Document Filings File an Annual Report Print a Pre -Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Prev Legal: South College Associates Limited Partnership
Legal: South College Associates LLC
Limited Liability Company Information
Sosld:
Status:
Annual Report Status
Citizenship:
Date Formed:
Fiscal Month:
State of Incorporation
Registered Agent:
Corporate Addresses
0002175
Current -Active
Current
Domestic
12/29/2009
December
NC
Everett, Robinson O., Jr.
Reg Office:
2812 Erwin Rd., Suite 205
Durham, NC 27705-4594
Reg Mailing:
2812 Erwin Rd., Suite 205
Durham, NC 27705-4594
Mailing:
2812 Erwin Road, Suite 205
Durham, NC 27705-4594
Principal Office:
2812 Erwin Road, Suite 205
Durham, NC 27705-4594
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 5713-3-20
Manager: Robinson O. Everett , Jr.
2812 Erwin Rd., Suite 205
Durham NC 27705
Account
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Register
http://www.secretary.state.nc.us/Search/profcor-p/9405310 8/17/2015
Corporations Division
Page 1 of 1
Narth Carolina
Elaine F. Marshall DEPARTENT OP TPIE
secretary SECRETARYOFSTATE
PO Wx 29M Raleigh, NC 27626-D622 (919)W-2WO
Click Here To:
View Document Filings File an Annual Report Print a Pre -Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Legal: Magnolia Trace LLC
Limited Liability Company Information
Sosld:
Status:
Annual Report Status:
Citizenship:
Date Formed:
Fiscal Month:
State of Incorporation:
Registered Agent:
Corporate Addresses
1356504
Current -Active
Current
Domestic
12/2/2013
December
Everett Jr, Robinson O.
Mailing:
2812 Erwin Rd Suite 205
Durham, NC 27705-4594
Principal Office:
2812 Erwin Rd Suite 205
Durham, NC 27705-4594
Reg Office:
2812 Erwin Rd Suite 205
Durham, NC 27705-4594
Reg Mailing:
2812 Erwin Rd Suite 205
Durham, NC 27705-4594
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20
Manager: Robinson O. Everett , Jr.
2812 Erwin Rd., Suite 205
Durham NC 27705
Account
Login
Register
http://www.secretary.state.nc.us/Search/profcorp/10396309 8/17/2015
State of North Carolina
Department of the Secretary of State
ARTICLES OF DISSOLUTION OF
LUMMD LIABILITY COMPANY
SOSID: 0837015
Date Filed: 11111012012 9:59:00 AM
Effective: 12/3112012
Elaine F. Marshall
North Carolina Secretory of State
C201228200305
Pursuant to §57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the
following Articles of Dissolution for the purpose of dissolving the limited liability company. %/
1. The name of the limited liability company 'rs: O & � � 4 , C e Zocoyu 1Q*w
2. The date3of filing of its Asticips of Organization and all amendments thereto areas follows:
3. The reason for filing the Articles of Dissolution is: (please chwk mw of d0 iftowft Rents)
❑ The time specified in the articles of organization or the company's written operating agreement has ooaured.
❑ The happening of an event specified in the company's articles of aqy nization or their written operating agreement.
The written consent of all members.
The company no longer has any members.
❑ The entry of a decree of judicial dissolution under G.S. §57C-6-02.
4. The effective date (whin shall be date certain) of the dissolution, as determined in accordance with N.C.G.S. §57C-6-01, is
5. Attach any other information determined by the managers filing these articles.
This the Q day of _f' )G7'- , 20Z.1
c e _ .�,t5d�irfes� tic.
Name limited Liability C
rgnature
Type or Print Name and Tide
Notes:
1. Filing fee is Sao. This document must be filed with the Secretory of State.
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January, 2002) (Form L-07)
i
.1rsu C. : '.siS tilr,,r Y +4:Ic is
Scott, Georgette
From: Scott, Georgette
Sent: Thursday, March 27, 2014 10:14 AM
To: 'Larry McBennett'
Cc: Weaver, Cameron
Subject: RE: SW permit SW8060725
Attachments: SSW -NAM E-OWNER-CHANG E-20120924-DWQ-SPU[1 ].pdf
Importance: High
Mr. McBennett,
You can acquire a copy of the permit and plans by calling Cameron Weaver at 910-796-7303. He will set up an
appointment for you to make copies of the permit and any other documents you need. It you would like a copy of the
plans he will arrange to have them taken to a print shop for printing because we do not have the equipment here in our
office to print plans. You will have to pay the print shop for a copy of the plans.
Also, if your client now owns the property he will either have to request that permit SWS 060725 be transferred to him
or he will have to obtain a new permit before any construction begins on the sight. Otherwise he will be in violation for
not obtaining a permit for developing the site.
It is an easy process to have the permit transferred. All your client needs to do is send us a letter with a completed
transfer application stating that the original permittee lost the property due to bankruptcy and foreclosure and that he
purchased the property and wishes to transfer the permit into his name. The application is attached for your
convenience. Proof of ownership of the property is required (such as a deed). See the required documents to send in
with the application on the second page of the attached application. Just fill out all the sections for "proposed
permittee". The cost to transfer a permit for the lst time is free. Once we receive the transfer application and
documents we will conduct an inspection of the site and provide your client with a report on the current compliance of
the site and whether anything needs to be corrected. Once we review all the paperwork, if everything is in order, we
will transfer the permit.
Let me know if you need any other assistance.
Georgette Scott.
StorniNvater Program Supervisor
State Sto n•nnwater Progl ,uti
NC Division ol' E:nera, Mineral and [..and Resources
127 Cardinal Drive EAt.
\bill ungton, ETC 2840.5
Phone (910) 796-7339
F. x (910) 3 ,0-2004
E•: mail conespoudevcc to and From this address nna)• he sul)ierl to the \otilt Carolina Public Records I:nr and mar be disclosed to third patties.
From: Larry McBennett [mailto:larry@eghlaw.com]
Sent: Tuesday, March 25, 2014 5:26 PM
r y
To: Scott, Georgette
Subject: SW permit SW8060725
Ms. Scott:
My client, South College Associates, LLC, owns the Magnolia Trace Townhomes development on Carolina Beach Road in
Wilmington. The predecessor developer, Magnolia Trace Townhomes, LLC obtained a stormwater management permit
numbered SW8806072S in 2006. 1 would like to obtain a copy of the permit and verify what, if any, conditions should be
met when there is a change in ownership of the development. The developer went bankrupt. The bank took title to the
property and sold it to my client.
Larry McBennett
Everett Gaskins Hancock LLP
220 Fayetteville Street, Suite 300
Raleigh, NC 27601
919-755-0025; fax 919-755-0009
larry@eghlaw.com
This email is intended for the sole use of the individual(s) to whom it is addressed and may contain information that is
privileged, confidential or exempt from disclosure under applicable law. You are hereby notified that any dissemination,
duplication or distribution of this transmission by someone other than the intended addressees or their designated agents
is strictly prohibited. If you received this email in error, please erase all copies and notify me immediately by calling 919-
755-0025 or by replying to Iarry(@eghlaw,com
Pusey, Steven
From: Garry Pape <gpape@gsp-consulting.com>
Sent: Friday, April 03, 2015 8:17 AM
To: Pusey, Steven
Subject: RE:: Magnolia Trace Townhomes - SW8 060725
Steve,
Mr. Everette is still working on getting the bids to do the downspouts. I know he's been in contact with 3 or 4 people to
do it but everyone is extremely busy right now and it's tough to get a company to come out for such a small job. Will
keep you updated on the progress. Thanks. - Garry
From: Pusey, Steven[mailto:steven.pusey@ncdenr.govl
Sent: Wednesday, April 01, 2015 11:44 AM
To: Garry Pape
Subject: Magnolia Trace Townhomes - SW8 060725
Garry,
How's it going? Have you heard anything about the status of work on the stormwater system for Magnolia Trace?
I was hoping we could get this one resolved soon. DENR received a letter from Mr. Everette on Feb. 9 stating that
maintenance work was being completed and that the remainder of the work was being bid in order to fix the fountain
and downspouts.
I took forward to hearing from you soon.
Steve
-Ste%n_C. )rwSesf
Environmental Engineer
NCDENR - Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Ph (910) 796-7334 / Fax (910) 3SO-2004
http://porta1.ncdenr.org/web/Ir/stormwater
Before printing this email, please consider your budget and the environment
E-mail correspondence to and from this address may be subject to the Forth Carolina Public Records Law and may be disclosed to third parties.
i
State Stormwater Management Systems
Permit No. SW8 060725
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Clifford Schwenker and Magnolia Trace Townhomes, LLC
Magnolia Trace Townhomes
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules")
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until October 13, 2016, and
shall be subject to the.following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 126,188 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. The built -upon area for the future
development is limited to 3,020 square feet (pool facility and future road
extension) which is included in the total permitted impervious area of 126,188
square feet.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
State Stormwater Management Systems
Permit No. SW8 060725
6. The following design criteria have been provided in the wet detention pond and
must be maintained at design condition:
a.
Drainage Area, 9cres:
4.69
Onsite, ft :
204,470
Offsite, ft2:
None
b.
Total Impervious Surface, ft2:
126,188
Onsite Buildings, ft :
69,380
Onsite Parking/pavement, W.
47,708
Onsite Sidewalks, ft :
6,080
Other OS (pool/future road ext.), ft2:
3,020
C.
Design Storm, inches:
1.0
d.
Pond Depth, feet:
5.0
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMSL:
19.0
g.
Permanent Pool Surface Area, ft2:
9,181
h.
Permitted Storage Volume, ft3:
11,161
i.
Temporary Storage Elevation, FMSL:
20.1
j.
Controlling Orifice:
1.5"0 pipe.
k.
Permitted Forebay Volume, ft3:
4,643
I.
Receiving Stream/River Basin:
UT Mott Creek 1 Cape Fear
M.
Stream Index Number:
18-82
n.
Classification of Water Body:
"CI Sw"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.'
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Page 3 of 7
State Stormwater Management Systems
Permit No. SW8 060725
5. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for a fountain in this pond is 118 horsepower.
6. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approvedplans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b, Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property -owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Page 4 of 7
Sta'e Stormwater Management Systems
Permit No. SW8 060725
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
111. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. .
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 13th day of October 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�L -(2 z115
for . Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
State Stormwater Management Systems
Permit No. SW8 060725
Magnolia Trace Townhomes
Stormwater Permit No. SW8 060725 Page 1 of 2
New Hanover County
Designer's Certification
I" , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Management Systems W
Permit No, SW8 060725 '
Page 2 of 2
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount'of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building inspections
Page 7 of 7
LIMITED LIABILITY COMPANY
-'y T ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: South College Associates LLC
REPORT FOR T'NE YEAR: 2014
SECRETARY OF STATE L.L.C. ID NUMBER: 0002175
NATURE OF BUSINESS: Real Estate Holdings
REGISTERED AGENT. Everett. Robinson 0. Jr.
F.-Filed Annual Report
9405310
Do not data enter manually.
STATE OF INCORPORATION: NC
REGISTERED OFFICE MAILING ADDRESS: 28121-i-wiu Rd.. Smite 205
Durham, NC 27705-4594
REGISTERED OFFICE STREET ADDRESS: 2812 L7x+,iu Rd.. Suite 205
Durham, NC 27705-4594 Durham CounlY
PRINCIPAL OFFICE TELEPHONE NUMBER: 919-383-3830 new
PRINCIPAL OFFICE MAILING ADDRESS: 2812 Er Suite 205
D im, NC 27705-4594
PRINCIPAL OFFICE STREET ADDRESS: 2812 Et win Road. _
Dur _ 705-4.594
Company Officials:
if
Name: Robinson O. F_t•erett.lr.
Talc: Manager
Address: 271 (,> — C4 A.�, i s Ws.( lr
2812 Erwin Road Suite 205
Dw ham. NC 27705 ti! r �? °f ^++ !j C Z % 7 O 6
CERTIFICATION OF ANNUAL REPORTMUSTBE COMPLE I'ED BY ALL LIMITED LIABILITY COMPANIES
Robinson O. Everett Jr.
FORM MUSTBE SIGNED BY A MANAGEWMEMBER
Robinson O. Everett Jr.
4/14/2014
DATE
Manager
TYPE OR PRINT NAME TYPE OR PRINT' TITLE
ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525
��
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Stormwater Section
Pat McCrory, Govemor
April 1, 2014
Robinson O. Everette, Jr., Manager
South College Associates, LLC
2812 Erwin Suite 205
Durham, NC 27705
Subject: NOTICE OF DEFICIENCY
NOD 2014-PC-0076
Magnolia Trace Townhomes
Stormwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
John E. Skvada, Ilk, Secretary
On March 28, Chris Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected magnolia Trace Townhomes in New Hanover County
to determine compliance with Stormwater Management Permit Number SW8 060725 issued on
October 13, 2006. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Please submit a "Designer's Certification", page 6 of 7 of the permit.
2. The pond side slopes and areas within the pond are overgrown. Have the overgrown
mowed/cut as per item 11.3.c of the permit.
3. Remove the excessive sediment from the stormwater pond to the design elevation as
shown on the plans and in the permit per section 11.3.b of the permit.
4. Remove material clogging the outlet structure per section 11.3.f of the permit.
5. A sump pump is located near the outlet structure of the pond and appears to be used for
a fountain. A fountain may be operated within the stormwater pond only if they meet the
criteria spelled out in section 11.5 of the permit.
6. Downspouts along the back side of the existing townhomes are directed away from the
stormwater pond and are not collected and treated prior to release. Section 1.5 of the
permit requires all impervious surfaces to be collected and directed to the stormwater
pond prior to release.
Please inform this Office in writing before May 2, 2014, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written plan of
action is not submitted to this office by March 2, 2014 then DEMLR staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources - Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 I Fax: (910) 350-2004
Please be reminded that if an ownership change, or a name change or a mailing address change
has occurred, it is your responsibility to submit a completed and signed Name/Ownership
Change form to the Division. Please include the name, mailing address and phone number of the
party who is now responsible for this permit. If you have any questions, please contact Chris
Baker at the Wilmington Regional Office, telephone number (910) 796-7215.
Sin rely,
Georgette cott
State Stormwater Supervisor
Enc: Compliance Inspection Report
GDSlcsb: S:IWQSIStormwater\Permits & Projects120061060725 HD12014 04 NOD 060725
cc: Larry McBennett, Attorney
Karen Higgins, WBS-CPU
WiRO Stormwater File
WITHERS &' RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
August 10, 2006
NCDENR � -/ lA
Division of Water Quality
127 Cardinal Drive Extension p,1S� ion
Wilmington, North Carolina 28405
c/o Mr. Paul Bartlett, PE �13y;
Re: Magnolia Trace Townhomes
Stormwater Application #SW$ 060725; Request for Additional Information
Mr. Bartlett:
We have received your comments, dated August 3, 2006. The following notes outline
our responses to your comments and address how the comments have been addressed,
and identify the changes to the plan:
1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
Response: A site inspection was done by Jennifer Frye of the USACOE
and it was determined that the only wetlands on site was the existing pond
and that we could fill that in. The total wetland disturbance is
approximately 0.05 AC. Attached is a copy of a letter from Southern
Environmental describing this.
2. Please provide documentation that you are registered as member of Sass &
Schwenker, .LC.
Response: The permit has been revised to be in the name of Magnolia
Trace Townhomes, LLC and signed by Clifford Schwenker.
3. Please add a north arrow to the cover sheet and Sheets #1, 3,, and 4
Response: A north arrow has been added to all the sheets.
4. Please label the grading contours on Sheet 47 beyond the pond area.
Response: All contours have been labeled.
S. Please clarify the drainage areas on Sheet #8. The delineated areas total 3.93 ac
vsr=1.69 ac listed on the application, supplement and calculations. Please clarify
difference and delineate and label that area on Sheet #8.
7040 Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 910-256-9277 fax: 910-256•2584
www.withersravenel.com
WITHERS &- RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
Response: The plans have been revised to add the missing 0.76 ac of
overland sheet flow draining to the pond and shown on the Drainage Area
Plan, Sheet 08.
6 Please clarify the "Slut for Future Exlension", laheled on Sheet 43 by expanding
the narrative and the label on Sheet U. Clarification needs to be made now
regarding any potential common plan of development far- any tract(s) to be
serviced by this extension.
Response: The application ahs been revised to include 620 sf of
impervious surface on this site for a future road extension. A note has been
added to Sheet 3 stating that when and/or if a future extension is made all ,
impervious area offsite will need to be treated separately.
7. Please provide a note to the Pond Detail on Sheet fil I that a punrp will he
provided to drain the pond.for emergencies or maintenance.
Response: A note stating that a pump is to be provided to drain the pond
for emergencies or maintenance has been added to Sheet #11.
8. - ,Please clarify the outlet structure's top elevation on the Pond Detail on Sheet
#11. It is labeled as the 1 " storage elevation.
Response: The outlet structure detail has been revised accordingly.
9. lease illustrate on Sheet #7 and/or 48 hoii, the roof drain detailed on Sheet #12
connects to the slornni aler collection system.
Response: Roof drains have been shown for units 1-24. The site has been
graded so that runoff from all other units can either sheet flow directly to the
forebay or will flow overland to the nearest curb drop inlet.
I trust the responses to the comments will adequately address your concerns. Please
contact me immediately at 910-256-9277 or gpape u withersl-avenel.coin if you have any
questions or require additional information.
Sincerely,
WITHERS RAVENEL, INC.
S
Garry S. Pap , P.E.
Project Man• ger
7040 Wrightsville Avenue, Suite tot Wilmington, North Carolina 28403 tel: gto-256-9277 fax: 910-256-2584
www.withersraven el.cam
* * * COMMUNICATION RESULT REPORT ( OCT.16.2006
FILE MODE OPTION
—916 MEMORY TX
REASON FOR ERROR
E-1) HANG LIP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
9-2562584
P. 1 /
1:59PM )
TTI NCDENR WIRO
PAGE
-- - --— _------_____
—O- -,$
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
(010) 796-721 S
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX OVER SHEET
Date: # pages (excluding cover)
To:
CO:
FAX
REMARKS:
From: Gloria Jones
Division Express Permitting
FAX#: 910-350-2004
127 Cardinal Drive Extension, Wilmington, N.C. 24405-3645 Utephone (910) 796-7215 Fax(910) 350-2004
An Equoi Opportunity Affirmative Action Employer
al.
WITHERS & RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
September 11, 2006
NCDENR A J9ab
Division of Water Quality StiP 1
127 Cardinal Drive Extension (�
Wilmington; North Carolina 28405 ���C4)
c/o Mr. Paul Bartlett, PE
Re: Magnolia "Trace Townhomes
Stormwater Application #SW8 060725; Request for Additional Information
Mr. Bartlett:
We have received your.comments, dated September 6, 2006. The following notes outline
our responses to your comments and address how the comments have been addressed,
and identify the charig`es to the plan:
1. P ase note on the plans that there are no tiveticrnds on site, based on the site visit
by Jenai fer Frye of the Corps on 319106
Response: A note has been added to the Grading Plan indicating no
wetland on site per Jennifer Frye's site visit.
2. Please pr6vide documentation that you are a member of Magnolia "Trace
Tow ooines, LLC. (A Member Agreement it,ill suffice if such documentation
c �-erztly is not filed ii,ith the NC Secretai y of S1a1(,,). The documeniation
Lsubmitted on August 10, 2006 lists you cis an "Agent ", not member, as required
by NC Administrative Code 15A NCAC 211.1003(e).
Response: I have attached the Magnolia Trace Townhomes, LLC
Operating Agreement listing Mr. Schwenker as a Manager of the Member -
Manager LLC per Article 5 subsection 5.b.
3. Plea -6'clarify: (a) permanent pool suijace area (9,181 sq f1 per calculations on
fi t page of stage -storage data and 9, 370 per supplement); (b) permanent pool
volume (23,027 cu.11 per calculations on first page ofstage-storage data.for main
bay plus. f orebay and 18,384 per supplement); and (c) temporary pool volume,
it,hich inay be slightly less depending on the response to (a) and (b).
Response: The supplement has been revised to include the 9,181 SF and
23,027 CF per the calculations. The temporary pool volume has been revised
accordingly.
logo Wrightsville Avenue, Suite ioi Wilmington, North tarotina 28403 tel: 910-256-9277 fax: 910-256-2584
www,witherstavenel.com
WITHERS &- RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
I trust the responses to the comments will adequately address your concerns. Please
contact me immediately at 910-256-9277 or gpape a, withersravenel.corn if you have any
questions or require additional information.
Sincerely,
WITHER &-RAVENEL, INC.
Garry S. Paip,
Project Ma ag
r
7040 Wrightsville Avenue, Suite lot Wilmington, North Carolina 28403 tel: 9t0-256-9277 fax: 910-256-258q
www.witheTsravenel.com
WITHERS & RAV E N E L
ENGINEERS I PLANNERS I SURVEYORS
7040 Wrightsville Avenue, Suite iol
WILMINGTON, NORTH CAROLINA, 28403
(910) 256-9277
FAX (910) 256-2584
TO: Paul Bartlett, P.E.
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
❑ Attached
❑ Prints
❑ Change order
MER OFT° ° NSSM f AL
DATE 0 /11/2006
JOB NO. 0305059Z.01
1
ATIENTiON Paul Bartlett
PHONE#
Z96-Z3ol
RE" Magnolia Trace Townhomes
❑ Under separate cover via
® Plans ❑ Samples
❑ Diskette ® Other
the following items:
❑ Specifications
COPIES
DESCRIPTION
2
Revised Grading Plan (Sheet .o) & E&S & Pond Details (Sheet i1.o)
1
Revised Pond Calculations
1
Revised Page 1 of 4 of the Wet Detention Basin Supplement (SWU-102)
1
Magnolia Trace, LLC. Operating Agreement
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
For approval.
\' I
SAP 1 1 LUuV
COPYTO: File SIGNED: Garry S. Pape, P.E.
Ifenclosures are not as noted, kindly notify us at once.
COMMUNICATION RESULT REPORT ( SEP. 6.2006 3.40PM ) * * P. 1
FILE MODE OPTION TTI NCDENR WIRO
---------------------- - - --- ADDRESS (GROUP)
5S1 MEMORY TX - - - - RESULT
_----------------------------------- -PAGE
92562384 ----------fl----------- ------
P. 3/3
REASON FOR ERROR -------------------
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
S E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
FAX COVER STET
William G. Ross, Jr., Secretary
Date: 9l6f06 No. of Pages: 3 (Inca. Cover)
To: Garry Pape From: Paul Bartlett
Company: W & R Water Quality Section -
Stormwater
FAX #: (910) 256-2584 FAX #: 910�350-2004
Phone #: 910-796-7301
0WQ Stormwater Project Number: SW8 060725
Project Narrie: Magnolia Trace Townhomes
MESSAGE:
Garry,
A Request for Additional Information is attached for the subject project. The original will
be mailed to Mr. Schwenker, and a copy will be mailed to you.
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Date: 916106
To: Garry Pape
Company: W & R
FAX #: (910) 256-2584
William G. Ross, Jr., Secretary
FAX COVER SHEET
No. of Pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: 910-350-2004
Phone #: 910-796-7301
DWQ Stormwater Project Number: SW8 060725
Project Name: Magnolia Trace Townhomes
MESSAGE:
Garry,
A Request for Additional Information is attached for the subject project. The original will
be mailed to Mr. Schwenker, and a copy will be mailed to you.
ENBlptb: S:IWQSISTORMWATERIADDINFO\20061060725.sept06
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 796-7215 FAX (910) 350-2004
An Equal Opportunity Affirmative Action Employer
o�ciF w A 7-,�9p�
Y
r
September 6, 2006
Mr. Clifford Schwenker
Magnolia Trace Townhomes, LLC
416 Oceana Way
Carolina Beach, NC 28428
Subject: Request for Additional Information
Stormwater Project No. SW8 060725
Magnolia Trace Townhomes
New Hanover County
Dear Mr. Schwenker:
Michael F. Easlev, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Magnolia Trace Townhomes on July 24, 2006, and a revised application on August 11, 2006.
A preliminary review of that information has determined that the application is not complete.
The followi g information is needed to continue the stormwater review:
�e-k-z�
0Please note on the plans that there are no wetlands on site, based on the site
visit by Jennifer Frye of the Corps on 3/9/06.
Please provide documentation that you are a member of.Magnolia Trace
�7�uroG Townhomes, LLC. (A Member Agreement will suffice if such documentation
currently is not filed with the NC Secretary of State). The documentation
submitted on August 10, 2006 lists you as an "Agent", not member, as required
by NC Administrative Code 15A NCAC 2H.1003(e). Ceyrr .
�-g Please clarif"rfiFanent pool surface area ,18 sq ft per calculations on
first pageZ3,(Ou
orage data and 9,370 per s ement), (b) permanent pool
volume per calculations on first page of stage -storage data for main
bay plusand J`f per supplement); and (c) temporary pool volume,
which may be slightly less depending on the response to (a) and (b).
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 September 14, 2006, or
the application will be returned as incomplete. The return of a project will necessitate'
resubmittal of all requireditems, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information.
The construction of any impervious surfaces, other than a construction entrance under
an -approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
N_ol`
�tCarolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive EIxtension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office lntemet: www.ncwater unlit v.org Fax (910) 350-2004 1-877-623-6748
An Equal OpportunityMirmative Action Employer — 50% Recycled110% Post Consumer Paper
Mr. Clifford Schwenker
September 6, 2006
Stormwater Application No. SW8 060725
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 796-7301.
Sincere
Paul T. Bartlett, P.E.
Environmental Engineer
ENB/ptb: S:1WQSlSTORMWATERIADDINFO120061060725.sept06
cc: Garry S. Pape, P.E., Withers & Ravenel, Inc.
Paul Bartlett
r
Southern environmental Grow P, InC.
53 1 5 50LA CoI±egc Koad,5uite L - Wilmington, Nortk Carolina Z841 2 ,
9 i 0A52.271 i • f axi 91 0.+52.z899 • office@segi.us
www.seg.us
August 9, 2006
Mr. Garry Pape
Withers and Ravenel
7040 Wrightville Avenue
Suite 101
Wilmington, North Carolina, 28403
RE: Bellmeade
Dear Mr. Pape:
This letter is in reference to a 3-acre parcel of land located adjacent to Bellmeade Avenue,
Wilmington, New Hanover County, North Carolina.
Our firm has conducted a wetland delineation of the site. and obtained the US Army Corps of
Engineers concurrence with our delineation. In addition, we have discussed the proposed project
and associated wetland impacts with the Corps.. From these discussions we have obtained the
Corps approval to impact less than 1/10 acre of wetlands for the project. Post notification of
these impacts must be filed with the Corps office upon completion.
If you should have any questions regarding this matter please do not hesitate to contact my office.
Thank you for your continued business.
erel
�f v
David Scibetta
Project Manager
cc: Mr. Cliff Schwenker
AUG. 0.2006 9:11AM USA® WILMINGTON NO.159 P.2
U.S. ARMY CORPS OF ENGINEERS
WIGMINGTON DISTRICT
Action Id. 200600214 . Coauty: New Hanover U.S.G,S. Quad; WHEAgLA
NOTIFICA.TTON OF ,IU MSDICTIONAL DETERMINATION
Property Owu%YAge%t: ll2abe1GtlbertHeirs
Address:. Attn: J. F. Holland_ �^
1209 5enecrt place
Charlotte, NC 2f3210
Telephone No,:
Property description: (�
Size (acres) 3�11 Neared Town wi3min�ton �� ��
Nearest Waterway UT to Mott_Creelt River Basin Cape 1:+ear fY •�
USGS RUC 03030005 Coordinates N 34.1543 W 77,9065
Location description A"rqpgrty, known na Bellmeade site, fs located at 4869 Cnraliva Reach Rnud Sin wetlands
adiacent to and in an nnnatntd tribntaa to Matt Creels 9l W11mint:ton, North Carolina,
Indicate Which of the Mowing A 1 :
Based an preliminary Womo0on, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jtlrUdictioual determination must be verified by the Corps, This preliminary determination is not an appealable action
under the Zegrllatmy ProgramAdmir&trative Appeal Process ( Reference 33 CFR fart 331),
There are Tgavigable Wqters ofthe Ur#ted States within the ab Dye described property subject to the permit requirements of
Section 10 of the Rivers and Hatbors Act ad Section 404 of the Clean Water Act. Unless there is a change in the law or
our pubUshed xegilations, this determination may be relied upon for a period not to exceed five years from the dare of this
natification.
X There are waters of doe U.S. includipg wetlands on the above described property subject to the permit requim=nrs of
Section 404 of the Clean Water Act (LWA)(33 USC § 1344), Unless there is a change in the law or our published
YoSOAtioas, this detanraTnation mqy be reified upon for a period not to exceed five years from the date of this notification.
X Wu Strongly suggest you have the Waters of the U.S, irpluding wetlands an your property delineated. DVe to the Size
of your property and/or our present vmldoad, the Corps may not be able to accomplish this wetland de"eatimt in 4 timely
manner. For a mote timely delineation, you may wish to obtain a consultant.. To be considered final, any delineation must
be verried by the Corps.
_ The wetland on yfpur property have been delineated and the delineation has been verified by the Corps. We strotrgjy
suggest you have this delineation sure"ad. Upon completion, this survey should bo reviewed and verified by the Corps,
Ouse yerit"ied, vhis slnvey will provide an accurate depiction of all areas subject to CWA jurisdiction on your properly
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and strrveyed and are aomniely depiwd co fhe plat signed by the Corps
Regulatory Official identified below on _ �_; Unless there is a change in the law or our published regglations, thus
deterwination may be relied upon for � period not to exceed five years frorn the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are st;bject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the 14w or gttr
published Togt4ations, this dttutminationt may be relied upon for a period not to exceed five years from the date of this
potiScatioti.
e prcrpa >$ located in one ofthe 20 Coastal' ounties spec o regta a on unthc Coasi;aI Area Ivfauageuiea c
(CAMA). You shotild contact the Division of Coastal Man$gement in Wilmington, NC, 41(910).796-7215 to determinC
their requirements.
Page 1 of 2
AUG. 8.2006 9:11AM USA® WILMINGTON NQ.159 P.3
. Action, ID:
Plaocwent of dredged w fill mA=W wit k wators of the US aii&or wetlands without a Department of the Army permit may
oonstib* a violation of Section 301 of the Cleats Water Ast (33 USG § 1311). If you Dave any questions regarding this
determination axWor the Corps regulatory program, please contact Jennifer b'rye g 914w2si-427 -.
Basis For Determinatioa; it its tiand cri as d scribed in the 1927 Corps Weiland Delineation Manual
And is nd neent eonti ors in tin unnamed tAbnt ntt Cre a tribe to the Ca l� 2ar River x navi abl
W2tar of the United States. This determination is bused on information submitted by SEG. Inc. and a site visit by
ii'er Five on II11S/2095.
Renxub:. aaU furmUltedt
tUQ jt;_�531SCalleMRnud Suite_R, �7ilm�np nn� NC 28412
Nag Ile 1<.trtber it -DV WiRC1 127 C[rtciival D�M a Wilrnin an NC 28405
Cotpu Regulatory Official: �----�
])ate I1/25/2005 Expiration; Date 11/25/2010
POP, OFFICE USE ONLY:
■ A plat or skstah of the property and the wetland data fonu umst be attached to the file copy of this form.
e A copy of the "Notiftoation Of Admird trativa Appeal Options And Process And Request l~or appeal" form must be
transmitted with the property owwlagent copy of this farm.
a If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated ]Determination information Sheet" to the file copy of this form.
Page 2 of 2
AUG. 8.2006 9:11AM USAED WILMINGTON % NO.159 PA
u __Sr ARKY CORPS OF ENOINEtgS
WaMMGTON DISTRICT _
Action Id, 200600691 Cotmtyi New Hanover U.S.G.S. Quad; Wilmington
NOTMCATION 01' SUR1 SDICTIONAL DETEMINA`1ION
Property Owmir/Agent; Robart :ind Elaine tariff u
Address; figLVohfcan_Trafl
Iminaton, NC 2909
Telephone No.: 1O-3� , 95-2333
property description:
Size (acres) 99 Nearest Town Wilmington
Nearest Waterway [TT to Mott_Creelt Rivet Basin Cane Fear
USGS HUC 03n34ni751 Coordinares N 34.1548 W 71.9075
L atioi; description This tract ig located A4731_Carolina Reach Road, near an unnamed tributary to Mott Creek in
Wilrnineton, NC.
Indicate Which of the FoHonft A i
A. Preliminary Determfnntion
Based on PmUn4nary infor=tion, there may be wetlands on the above deacribed property. We strongly suggest you have
this property inspected to determine ft extent of Departrawit of the Army (DA) jurisdiction. To be considered final, a
jurisdictional derarnfuotiou uu,st be vtor4ad by thz Corps, This preliminary determination is -not an spp�a bla sabot
under the, Regulatory program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved DeterniWation
Thew ara Navigablo Waters of thta'United StAtes wiiitul llte obove desenited property subject m tba pemtit requirement of
Section 10 of the Rivers and *rbors Act and Section 04 of the Clean Water Act. Unless there is a change in the Iaw or
our published regulations, this detarmnnation may be relied upon for a period not to exceed five years from the date of this
notificatina,
There are wt ft:i& on the above 6sc4bod property subject to tits permit requirements of Section 404 of the Clean 'Water
Act (CWA)(33 USC & 1344), Unlessihere is a change in the law or our published reguladons, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
w We auougly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, tht: Corps may not be able to accompM this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final; any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you bave this delineation mveyed, Upon cowletioa, this survey should bo reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no orange in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately dapicted on the plat signed by the Corps
Regulatory Official identified below 04, -, Unless 4 me, is a change in tha law or our publisho regulations, ibis
determination may be relied upon for a period not to exceed rive years from the date of this notification.
X There are no, waters of the U.S., to include wetlands, present on the above descn-W property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344), 11aloss there is a change in the law or our
vubfiOisd regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 2p Coastal Counties subject to regulation under the Coastal Area Man4Bemem Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395.3900 to deltnaiim
their regturements.
Page 1 of 2
AUG. 0.2006 9•i2RM USRED WILMINGTON NO.159 P.5
AcO=ID., d000 pC (P&i _
Placemat of dredged Dr flU material within vat>rrs of the US and/or tiwntlands Without a D eparknent of tho Army permit may
constitute a violatica of Section 301 of the Cle4a Water Act (33 USC § 1311). If you have any questions regarding this
daterminatim and/or tho Corps regulatory grogram, please contact Jennifor_9m at 910-2514923.
C. Ba$ls For Determination
Tbis sYt,AU w rised entire/ of u lands. Tlds determination is based on information submitted bX SEC, Ine. and a
site visa by Jeu>aifer Lae on 3/9/2066.
D. Remarks
E. Appeal, Information CM information applies only to approved Jurisdictional detern3fintions as indicated in
E. above)
This couespandmoo consthutes an approvedip4sdipdonal detrxmination for tine above described site. If you object to this
determination, you may request an administrat m appeal under Carps regulations at 33 CPR part 331, Enclosed you will find a
Notification of Appeal Pracess (NAF) fact sheet and request for appeal (RFA) fbrrra, if you regtiest to appeal this
debmuinsitica you must submit a completed RYA form to the South Atlantic Division, Division Office at the Following
address:
M. Kchael F. Bell, Administrative Appeal Review Officer
C ESAD ET-CO-P,
US, Away Corps of Enginem, South Atlantic Division
60 Forsyth Street; Rao= 9M 1$
Atlanta, Georgia 30303-8807
In order for an RFA to bt aceepted by the Corp% the Corps must detmmiue that it is complete, that it meets the oriieria foi
appeal under 33 CM part 331.5, and that it has received by the MrWon Moo within 60 days of the date of the NAP,
Should you decide to submit an RFA form, it mast be received at the above address by 91. 1712006.
"It is not necessary to submit au RFA form to Om Division Office if you da not object to the determination in this
coaespotsdeslce.'�'�
Corps Regulatory Official -
Date 6311?/2006 4htion Date 311'7110i
Copy furnfsbeds
SEG, ino. , 5315 College Road Suite E, Wilmington, NC 28412
NoeIIe LUtheraz3, DENR DWQ WiRO,127 Cardinal Drive Ext., Wihnington, NC 28405
Sass and $chwebker, LLC, 41.6 Oceana Way, Carolina Beach, NC 28428
Page 2 of 2
a:
U.S. ARMY CORPS OF ENGINEERS o E C F Od E D
WILMINGTON DISTRICT
Action Id. 200600680 County; New I3anover U.S.G.S. Quad: Wilrnin_gton 14-
NOTIFICATION OF JURISDICTIONAL DETERMINATION D-19O
Property Owner/Agent: Fischer iiowe
Address: 4735 Carolina Beach Road
Wilmington, NC 28412
Telephone No.: 910-799-3210
Property description:
Size (acres) 1_6 Nearest Town Wilmington
Nearest Waterway UT to Mott Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates N 34.1545 W 77.9072
Location description This tract is located at4735 Carolina Beach Road, near an unnamed tributary to Mott Creek. in
Wilmington, NC.
Indicate Which of the FolloFvi_ng Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property, We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered Final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our publishcd regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps,
Once verifed, this survey will provide an accurate depiction of all areas subject to CWA_jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may relied upon for a period not to exceed five years from the date of this notification.
X There are no raters of the U.S., to include wetlands, present on the above described property which are subject to the
pertnitrequirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine
their requirements.
Page 1 of 2.
Action 1D: o)Q0(eQ0&ff0 _
-�;
Placement of dredged or fill material within waters.of the US and/or wetlands without a Department of the Army permit may
constit tvlblSfion ofSection 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frve at 910-251-4923.
C. Basis For Determination
This site is comprised entirely of uplands. This determination is based on information submitted by SEC, Inc. and a
site visit by Jennifer Fare on 3/9/2006. T
D. Remarks
F. Appeals Information, (T his information applies only to approved jurisdictional determinations as Indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you abject to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that itaneets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an'RFA form, it must be received at the above address by 5/17/2006,
"It is not necessary to submit an RFA form to die Division Office if you do not object to the determination in this
correspondence."
Corps. Regulatory Official.
Date 03/17/2006 Expiration Pt, 03/17/2011
Copy shed:
11
mE
.$56, Ine. , 53 t 5 College Road Suite E, Wilmington, NC 28412
Noelle Lutheran, DENR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Sass and Schwenker, LLC, 416 Oceana Way, Carolina Beach, NC 28428
Page 2 of 2
P. I
-FILE-MODE
302 HEM CRY TX
* COMMUNICATION RESULT REPORT ( AUG. 3.2006 4:06PM )
TTI NCDENR WIRO
---OPTION----------------ADDRESS-(GROUP)----______----- ------_PAGE
92562584
---------------------------------------------------------------- ----
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Date: 813106
To: Garry Pape
Company: W & R
FAX #: (910) 256-25B4
FAX CANER SHEET
P. 3/3
William G. Ross, Jr., Secretary
No. of Pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: 910-350-2004
Phone #: 910-796.7301
DWQ Stormwater Project Number: SW8 060726
Project Name: Magnolia Trace Townhomes
MESSAGE:
Garry,
A Request for Additional Information is attached for the supject project. The original will
be mailed to Mr. Sass, and a copy will be mailed to you.
r f�
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Date: 813106'
To: Garry Pape
Company: W & R
FAX #: (910) 256-2584
William G. Ross, Jr., Secretary
FAX COVER SHEET
No. of Pages: .3 (Intl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: 910-350-2004
Phone #: 910-796-7301
DWQ Stormwater Project Number: SW8 060725
Project Name: Magnolia Trace Townhomes
MESSAGE:
Garry,
A Request for Additional Information is attached for the subject project.
be mailed to Mr. Sass, and a copy will be mailed to you.
ENBlptb: S:IWQSISTORMWATERIADDINF0120061060725.aug06
The original will
127 Cardinal Drive Extension, Wilmington, NC 28405-3645 Telephone (910) 796-7215 FAX (910) 350-2004
An Equal Opportunity Affirmative Action Employer
O�O� W A
August 3, 2006
Mr. Marcus Sass
Sass & Schwenker, LLC
416 Oceana Way
Carolina Beach, NC 28428
Subject: Request for Additional Information
Stormwater Project No. SW8 060725
Magnolia Trace Townhomes
New Hanover County
Dear Mr. Sass:
Michael F. Easley, Govcmor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resourecs
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Magnolia Trace Townhomes on July 24, 2006. 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. Please either delineate all w an s on site, disturb d or undi turbed, or note on
the plans that none exist. ) Y ✓ 0) �,,, � -,bq R,,,¢e C--L
2. Please provide documentation that you are registere%l as a iember of Saps &
Kwenker, LLC. � s � ,, -rctGi ,M 1 -rdIu �
rI f Please add a north arrow to the cover sheet and She s #1, 3, an
7.Please label the grading contours on Sheet #7 beyond the pond area.
Please clarify the drainage areas on Sheet #8. The delineated areas total 3.93
ac vs. 4.69 ac listed on the application, supplement, and calculations. Please
clarify the difference and delineate and label that area on Sheet #8.
6. Please clarify the "Stub for Future Extension" labeled on Sheet #3 by expanding
the narrative and the label on Sheet #3. Clarification needs to be made now
regarding.,any potential common plan of development for any tract(s) to be
serviced by this extension.
7. Please provide a note to the Pond Detail on Sheet #11 that a pump will be
provided to drain the pond for emergencies or maintenance.
8 Please clarify the outlet structure's top elevation on the Pond Detail on Sheet
0.1. It is labeled as the 1" storage elevation.
Zlease illustrate on Sheet #7 and/or #8 how the roof drain detailed on Sheet #12
onnects to the stormwater collection system.
N"o�rtCarolina
�Nuturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwaterguality.ort Fax (910) 350-2004 t-877-623-6748
An Equal OpporlunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper
` Mr. Marcus Sass
August 3, 2006
Stormwater Application No. SW8 060725
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 August 11,
2006, 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 need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information.
The construction of any impervious surfaces, other than a construction entrance
under an approved Sedimentation Erosion Control Plan, is a violation of NCGS
143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new'originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 796-7301.
Sinc ly, -
Paul T. Bartlett, P.E.
Environmental Engineer
ENBlptb: S:IWQSISTORMWATERIADDINFO120061060725.aug06
cc: Garry S. Pape, P.E., Withers & Ravenel, Inc.
Paul Bartlett
Page 1 of 1
North Carolina
Elaine F. !Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
Corporations
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PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000
Date: 8/3/2006
Click here to:
View Document Filings I
Print apre-populated Annual Report Form I Annual Report Count I Fil
an Annual Report
Corporation Names
Name Name Type
NC Sass & Schwenker LLC Legal
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address
0799477
Current -Active
8/24/2005
Domestic
NC
Perpetual
Schwenker, Isabella
416 Oceana Way
Carolina Beach NC 28428
416 Oceana Way
Carolina Beach NC 28428
416 Oceana Way
Carolina Beach NC 28428
416 Oceana Way
Carolina Beach NC 28428
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Cor-p.aspx?Pitemld=7812165 8/3/2006
SOSID: 0799477
Date Filed: 8/24/2005 4:40:00 PM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina C200523600400
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
The name of the limited liability company is: Sass & Schwenker LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (Ifno date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both).
LegalZoom.com, Inc., as Organizer
4
5.
5
7.
7083 Hollywood Blvd., Suite 180
Los Angeles, CA 90028
The street address and county of the initial registered office of the limited liability company is:
Number and Street 416 Oceana Way
City, State, Zip Code Carolina Beach, NC 28428
County New Hanover
The mailing address, if different from the street address, of the initial registered office is:
The name of the initial registered agent is: Isabella Schwenker
Principal office information: (Select either a or b)
a. Z The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 416 Oceana way
City, State, Zip Code Carolina beach, NC 28428
County New Hanover•
The mailing address, if different from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
8. Check one of the.fol-le- ring:
It/Co�fthi
paged LLC: all members by virtue of their status as members shall be
managetted liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the"
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10, These articles will be effective upon filing, unless a date and/or time is specified:
This is the 22 day of August 20 05
Signature
Ani Melikyan, Assistant 5acreta egalzoom.com, Inc., Organizer
Type or PH2�11ame and Title
6
NOTES:
1. Filing fee is S125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.Q. Box 29622 RALEIGR, NC 27626-0622
(Revised January 2002) r (Form L-01)
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http://www.topozone,com/print.asp?z=I 8&n=3783068&c=232018&s=48&slze=m&u=6&d
8/3/2006
State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 837015
Date Filed: 31271200E 2:57:00 PM
Elaine F. Marshall
North Carolina Secretary of State
' C2110GI18t{F{1378
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit.
these Articles of Organization for the purpose of forming a limited liability company.
l . The name of the limited liability company is: MAGNOLIA TRACE TOWNHOMES, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the 1 ?UUU
limited liability company is to dissolve: (lfno date.for dissolution is specified,-iher shall �lic�n d�,v?j'-
limit on the duration of the limited liability company.) ►��r�w _�
3. 'I'he name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both. Note: This document must he signed by all persons listed here).
DON T. EVANS, JR. - ORGANIZER
509 Princess Street
Wilmington, NC 28401
21
b]
6.
I�
The street address and county of the initial registered office of the limited liability company is:
Number and Street 416 Oceana Way
City, State, Zip Code Carolina Beach, NC 28428
County New Hanover
The mailing address, if different from the street address, of the initial registered office is:
The name of the initial registered agent is: Clifford Schwenker
Principal office information: (Select either a or b.)
a. QJ The Iimited liability company has a principal office.
The street address and county of the principal office of the limited liability company is
Number and Street 416 Oceana Way
City, State, Zip Code Carolina Beach, NC 28428 County New Hanover
The mailing address, if different from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
8. Check one of the following:
✓ (i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10, These articles will be effective upon filing, unless a date and/or time is specified:
This is the 24th day of March 20 06
MAGNOLIA TRACE TOWN HOMES, LLC
Sig attire '
DON T. EVANS, JR. - ORGANIZER
Type or Print Name and Title
NOTES:
I . Filing fee is S125. This document must he filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L-01)
Instructions for Filing
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
7040 Wrightsville Avenue, Suite ioi
WILMINGTON. NORTH CAROLINA, 28403
(910) 256-9277
FAX (910) 256-2584
To: Paul Bartlett, P.E.
NC Division of Water Quality
i27 Cardinal Drive Ext.
Wilmin on, NC 28 0
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
LETTER O T° ° MS MAL
DATE o8'11'2006
luBNO. 0305059Z.ol
ATTENTION Paul Bartlett
PHONED
6- al
RE: Magnolia Trace Town homes
❑ Attached ❑ Under separate covervia
❑ Prints ® Plans
❑ Change order ❑ Diskette
the following items:
❑ Samples ❑ Specifications
® Other
COPIES
DESCRIPTION
2
Revised Sets of plans for stormwater permit
2
Revised Copies of stormwater narrative and calculations
2
Revised Stormwater Management Permit Application Form (one original, one copy)
2
Revised Wet Detention Basin Supplement Form SWU-lot (one original, one copy)
1
LISACOE tear sheets and letter from Environmental Consultant
1
Comment/Response Letter
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
For approval.
❑ Resubmit
❑ Submit
❑ Return
COPYTO: File SIGNED:
copies for approval
copies for distribution
corrected prints
- Garry S. Pape, P.E.
If enclosures are not as noted, kindly notify us at once.
WITHERS & RAVENEL
LUTER OF7° ° NSW AL
ENGINEERS I PLANNERS I SURVEYORS
7040 Wrightsville Avenue, Suite toi
WILMINGTON, NORTH CAROLINA, 28403
(910) 256-9277
FAX (910) 256-2584
TO: Cameron Weaver
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 284o5
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
DATE Q '2 '200£]
JOB NO. 03050527.01
ATFENTION Cameron Weaver
PHONE N
6- o
RE: Magnolia Trace Townhomes
❑ Attached ❑ Under separate cover via the following items:
❑ Prints ® Plans ❑ Samples ❑ Specifications
❑ Change order ❑ Diskette ® Other v
N I
COPIES
DESCRIPTION -�
2
Sets of plans for stormwater permit
2
Copies of stormwater narrative and calculations
2
Stormwater Management Permit Application Form (one original, one copy)-
2
Wet Detention Basin Supplement Form SWU-102 (one original, one co
1
$ ,000 Fee Check for Express Permitting (Check #11 -.) TV'1N)
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
For aDDroval.
COPY TO: File SIGNED:
- Garry S. Pape. P.E.
If enclosures are not as noted, kindly notify as at once.