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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 Login 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 •Corporations Home •Important Notice •Corporations FAQ •Tobacco Manufacturers •Dissolution Reports *Non -Profit Reports •Verify Certification •Online Annual Reports •KBBE 62B Annual Reports Links *Secretary Of State Home •Register for E-Procurement •Dept. of Revenue Legislation •1999 Senate Bills •2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 Search *By Corporate Name *For New Corporation *By Registered Agent Online Orders •Start An Order •New Payment Procedures Contact Us *Corporations Division •Secretary of State's web site Print •Printable Page 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) TopoZone -, Silver Lake Church, USGS Wilmington (NC) Topo Map Page 1 of 1 tone Capjll�ll0. . ' S`. l+ ' I ■. I � lid I�� � i �' �. : � �� • —� ���,,� ' cis . 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A)V Z .41 A 02 01 v �5 Pa L- e r r ..�•�"'�, .' 'al r+ }4,. 'y . f l i alit ..s"» I, //' + • , + 0 0.3 0.6 0.9 1.2 1.5 km 0 OA 0.2 0.3 0.4 0.5 mi Map center is 340 09' 15"N, 770 54' 24"W (WGS84/NAD83) Wilmington quadrangle Projection is LITM Zone 18 NAD83 Datum M>K M=-7.391 G=- 1. 633 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.