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HomeMy WebLinkAboutSW8120110_HISTORICAL FILE_20140911 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW Ul120 DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD STATE OF NORTH CAROLINA Department of Environmental aad Natural Resources 127 Cardinal Drive Extension Wiimino on, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION 1�%.'s�_� % j(. 1 TB4E/DATE NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an_ appointment May view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facifi name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by_check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN' ORDER YOU ]FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on -which payment has been refused, FACILITY NAME COUNTY i� I afore and ame B of Ffimusiness Date �4_ Please aaach a business card to this form COPIES MADE _"A � PAID l� _AdminRc access 4 une ��.__ INVOICE N--.?2!o Time Out Nelson, Christine From: David Newsom [crystalcoasteng@bizec.rr.com) Sent: Monday, February 20, 2012 9!35 AM To: Nelson, Christine Subject: RE: Carolina Forest Boulvard / Wellington Grove / Emmerdale Apartments Yes ... that is what I am saying ..... The correct number for offsite in Wellington is 14,381. From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: Monday, February 20, 2012 9:29 AM To: David Newsom; Lewis,Linda Cc: 'Dewey Edwards'; 'Betty Bullock' , Subject: RE: Carolina Forest Boulvard / Wellington Grove / Emmerdale Apartments If this 860 sf was included, that is truly unfortunate. The drainage area plan for Wellington Grove indicates that 15,241 sf of offsite entrance road area is contributing to the Wellington Grove Pond while the 860 sf is contributing to the Emmerdale Pond. So are you saying the offsite numbers to Wellington Grove should have been 15,241— 860 = 14,381 sf? If so, it does sound like modifications to both permits are in order. For both modifications, you will need to submit the full, signed application, calculations, and supplements. (In your original e-mail you indicated you would only provide page 3 of the Wellington Grove app). However, within Wellington Grove, if you can maintain the same drainage area and are just reallocating the BUA from offsite to future, this can be done as a plan revision and you would need to provide the plan revision form instead of the full application. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: David Newsom [mailto:c stalcoasten bizec.rr.com] Sent: Monday, February 20, 2012 8:52 AM To: Nelson, Christine; Lewis,Linda Cc: 'Dewey Edwards'; 'Betty Bullock' Subject: RE: Carolina Forest Boulvard / Wellington Grove / Emmerdale Apartments Regarding the 860 sf... I thought so too, but my work over the weekend showed that NOT to be the case....(the 860 WAS included in the OFFSITE figure permitted for Wellington). Regarding an updated Wet Detention Pond Supplement (and possibly a new O&M agreement)....we can certainly provide.... but please note that REALLOCATING this 860 sf of BUA has turned into an INCREDIBLE amount of effort, as one change to one permit package changes EVERYTHING ..... There is NO WAY WE CAN BILL for all the time we have invested in this. That said, just tell us exactly what you need to complete this modification/plan revision, and we will furnish .... At this point....) just want to get done with it. From: Nelson, Christine fmailto:christine.nelson@ncdenr.gov] Sent: Monday, February 20, 2012 8:44 AM To: David Newsom; Lewis,Linda rc: Dewey Edwards; Betty Bullock Subject: RE: Carolina Forest Boulvard / Wellington Grove / Emmerdale Apartments David, I was under the impression that the 860 sf draining to Emmerdale was already removed from the Wellington Grove permit when I issued it. That was the approx change in numbers between the documents you provided during the submittal meeting and the information dropped off by Pascal. I will have to do some more digging to confirm this. As for the modification to Emmerdale, you will also need to provide an updated wet detention pond supplement (and possibly a new O&M agreement depending on how old that last supplement is) and plans for the proposed improvements. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: David Newsom [maiIto: crystalcoastena@bizec.rr.com] Sent: Sunday, February 19, 2012 1:23 PM To: Lewis,Linda; Nelson, Christine Cc: Dewey Edwards; Betty Bullock Subject: Carolina Forest Boulvard / Wellington Grove / Emmerdale Apartments As requested, I have prepared a Plan Modification request for Emmerdale Apartments to account for that 860 sf of BUA (street and sidewalk) that is to be constructed in conjunction with Wellington, but is actually ON the Emmerdale tract and draining to the existing Emmerdale Pond. That Plan Revision package includes 1) a complete Application Form (6 sheets) AND 2) revised Pond Calculations demonstrating that the existing Emmerdale Pond can accommodate the additional BUA. When preparing that application, we realized that it will be necessary to deduct that same 860 sf from the "offsite" category in the recently issued Wellington Permit .... in order to avoid "Double Counting". Therefore, I have also prepared a Plan Modification package for Wellington Grove, deducting that 860 sf that is now accounted for in the Emmerdale Permit. That Plan Revision package includes 1) a new Page 3 of 6 which shows the corrected BUA breakdown and 2) a revised Pond Calculations for the Wellington Pond (i.e., less BUA going to that pond). In your opinion(s), is that the correct way to take care of this? hope so...because it was a LOT of work to reconcile all these numbers..... If we are in agreement, Dewey Edwards (attorney) will incorporate these numbers into the requested Deed Restrictions for ALL the various tracts covered by the original Low Density permit. Thanks MEMORY TRANSMISSION REPORT TIME :02-13-'12 16:08 FAX NO.1 .910-350-2018 DAME :DENR Wilmington FILE NO. 371 DATE 02.13 16:05 TO : 8 919103250060 DOCUMENT PAGES 9 START TIME 02,13 16:06 END TIME 02.13 16:07 PAGES SEND 9 STATUS OK *** SUCCESSFUL TX NOTICE *** SKarr o[Nvrth Car.nl:vn ' bapo re aaeat of Eovtronmcnt and hTs[..ral ➢icso urccv - Wilwit.t[ov itcgianrl Of7ics Jt�..Fr/y IEw�-ram Prrd. .�e. Govcroor 1lTA_X CO'V'£]x $YgE �$' .Lkr F K�nwn, SccrGKs ry _ c0: —s G sr �I Phone (910]��G-73�6 127 -Z—in ] 01— JE i. ,A—n. wittn:nyt— Nr_ 2F405 a 79f -7213 a An Fay unl r>pR--n ivy a A—i— E.npl..-.yo Beverly Fares Perdue, Governor State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office FAX COVER SKEET DeeP'Peeman, Secretary Date: To: Co: / -sz�z Fax: Re: 1/Z9 No. Pages (excl. cover): From: 3o Casmer Phone: (910) 796-7336 Fax: (910) 350-2004 127 Cardinal Drive Exlension, WHinington, NC; 28405 o (910) 796-7215 - An Equal ()pporlunity Afttraiwive Acnion Emplpver -.MEMORY TRANSMISSION REPORT TIME :02-13-'12 16:06 FAX NO.1 :910-350-2018 NAME :DENR Wilmington FILE NO. 370 DATE 02.13 16:02 TO R 912525042248 DOCUMENT PAGES 9 START TIME 02.13 16:03 END TIME 02.13 16.06 PAGES SENT 9 STATUS OK *** SUCCESSFUL TX NOTICE *** st-d. or [V'o PYb Caroline ' D�pnrrr.re..• of Environment and Na�urPl AEsnu rc�s wiiw.faaraq RE¢looal (}mce Be�»ILY E'P.•CY PCIdMC. VilV EP 40P EA_X C�VQr lfx ���' � ZDEA 7F'IAa1MUN• CT!!Pr"Y 27 l:nrd irtnl rJr. vc }_'xfcrt,tfnn, Wil�nin y�n�n, NC_' 28�f13 C91<]) 7y[.-']Z i S o An F.4rt+•1 f]X. p.i�m •n 1Tv he�rm ni:v� Aciidn 5mplu Ynr ry State of North CzroBin2 Department of Environment and Natural Resources Wilmington Regional Office Beverly EavesPerdaee, Oave>rnor FAX COVER SHEET DeeF'reeman, Secretary Date: / No. Pages (exc.]. eover): To: �l �/ r/%�.�G/ From: 3o Casmer Co: ��G�i� 7 �� ��Pad� GG� Phone: 910 796-7336 G Fax: Fax: (910) 350-2004 Re: 127 Cardinal L>rive Exlew�ion, Wilinington, NC 28405 L- (9,0) 796-721.5 o An Equal Oppominin+ KYlirmative Action Empioyer Central Files: APS SWP 02/13/12 Permit Number SW8120110 Permit Tracking Slip Program Category State SW Permit Type State Stormwater Primary Reviewer christine.nelson Coastal SW Rule Post Construction - Phase II Permitted Flow Facili Status Project Type Active New Project Version Permit Classification 1.00 Individual Permit Contact Affiliation Facility Name Major/Minor Region Wellington Grove Apartments Minor Wilmington Location Address County 2075 Carolina Park Ave Onslow Jacksonville NC 28540 Facility Contact Affiliation Owner Owner Name Owner Type Wellington Grove LLC Non -Government Owner Affiliation Keith D. Walker PO Box 2400 Beaufort NC 28516 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 02/13/12 02/06/12 02/13/12 02/13/12 02/13/20 Regulated Activities Requested/Received Events State Stormwater - HD - Detention Pond Deed restriction received 02/06/12 Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin For BENR UseL ONLY� �4 Reviewer L �F0 North Carolina Department of Environment and Submit: ��' Natural Resources NCDENR Request for Express Permit Review Time: Confirm: FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (PDF tile) and vicinity map (same items expected in the application ap ckage of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828-296-4698;alison.davldson@ncdenr.gov • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee@ncdenr. ov • Mooresville & Winston Salem Region - Patrick Grogan 704-235-2107 or patrick.grogan@ncd_e_nr.gov • Washington Region -Lyn Hardison 252-948-3842 or lyn.hardison@ncdenr.gov • Wilmington Region -Janet Russell 910-796-7302 oriznet.russeli@ncdenr.gov • Wilmington Region -Cameron Weaver 910-796-7303 or cameron.weaver@ncdenr.gov NOTE Project application received after 12 noon will be stamped in the following work day. Project Name: CAROLINA FOREST ENTRANCE ROAD (MODIFICATION) County: ONSLOW Applicant:.BHP WESTERN, A NC GENERAL PARTNERSHIP Company: SAME Address: PO BOX 1685 City: JACKSONVILLE, State: NC Zip: 28541-- Phone: 910-346-9800 Fax:910.346-1210 Email: @ Provided Existing Permits related to this Proiect SWW)o14 SWD3 I Sw�g4o�5 U NPDES NPDES Wo wo E&S E&S Other Physical Location: CAROL INA FOREST ENTRANCE RD - WESTERN BLVD. JACKSONVILLE) Project Drains into C waters - Water classification NSW (for classification see- http://portal.ncdenr.org/web/wq/ps/csu/classifications) Project Located in WHITE OAK River Basin. Is project draining to class ORW waters? N, within %2 mile and draining to class SA waters N or within 1 mile and draining to class HOW waters? N Engineer/Consultant: DAVID K. NEWSOM Company: CRYSTAL COAST ENGINEERING Address: 205 WARD RD UNIT #3 City: SWANSBORO, State: NC Zip: 28584-- Phone: 910-325-0006, Fax: 910-325-0060, Email: ionathancce@bizee.rr.com PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE $ # JOBS SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWO, ❑ DCM, ❑ DLR, ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAM U YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ intermittent/Perennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ 401 Water Duality Certification ❑ Isolated Wetland (—linear ft or acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ® Low Density ❑ Low Density -Curb & Gutter — # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)] ❑ High Density -Detention Pond — # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density -SW Wetlands .— # Treatment Systems ❑ High Density -Other _ # Treatment Systems /® MOD:❑ Major ElMinor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit 9) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scopina and express meeting request Wetlands on Site ® Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s) Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ® Yes ❑ No US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ® Yes ❑ No For DEN tj%e only Fee Split for multiple permits: (Check # t Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance (❑ Maj; ❑ Min) $ SW (❑ HD, ❑ LD, ❑ Gen) 1 $ 441: 1 $ LOS $ Stream Deter,_ $ NCDENR EXPRESS October 2013 Weaver, Cameron From: David Newsom (crystalcoasteng@bizec.rr.com] Sent: Friday, September 19, 2014 8:45 AM To: Weaver, Cameron Cc: Lewis,Linda; Betty Bullock Subject: Carolina Forest Entrance Road LOW DENSITY Permit Modification Attachments: REQUEST FOR EXPRESS 2013.doc Mr. Weaver, Please see attached request for Express Permitting for the Carolina Forest Entrance Road MODIFICATION. The Permittee (John Pierce on behalf of BHP Western) wishes to proceed EXPRESS in hopes of getting this fairly complicated permit modification FINALLY addressed once and for all .... even though the EXPRESS option will involved a higher fee. There is quite a history to this project....we have unsuccessfully tried several times over the past 2 or 3 years to get this modification done.....but for various reasons (unable to get other developer signatures was the latest hurdle), we have been unable to do so. Finally, we think we have EVERYTHING in order .... and hopefully this time the modification can be issued. Please note, in conjuction with this Low Density permit modification, there are 2 other simultaneous permit actions necessary, as previously requested by DWQ staff to account for transfer of 860 sf of BUA from one project (Wellington Grove) to another project (Emmerdale Apartments): 1) Plan Revision Wellington Apartments 2) Permit Modification Emmerdale Apartments As these two other permit actions are "part and parcel" of the Carolina Forest Modification, we are hoping that they can be simultaneously addressed during the same EXPRESS meeting. THanks Doc ID: 009491410006 Type: CRP Recorded: 01/19/2012 at 09:48:42 AM Fee Amt: $26.00 Page 1 of 6 Onalou County NC Rebecca L. Pollard Req. of Deeds BK3711PG162-167 STORMWATER RESTRICTIONS AND PROTECTIVE COVENANTS FOR CAROLINA FOREST ENTRANCE ROAD (the "Restrictions") Prepared by and return to: Gaylor Edwards & Vatcher, P.A., Attorneys P.O. Box 1057 Jacksonville, NC 28540 STATE OF NORTH CAROLINA COUNTY OF ONSLOW THESE RESTRICTIONS are made this day of January, 2012 by WELLINGT ON GROVE, LLC, a North Carolina limited liability company, CAROLINA FOREST INVESTORS, LLC, a North Carolina limited liability company, and BHP WESTERN, a North Carolina general partnership, (hereinafter collectively referred to as the "Declarants"); WITNESSETH: WHEREAS, Declarants are the owners of all the real property described in Article I of these Restrictions (the "Property"); and WHEREAS, Declarants, in compliance with Title 15 NCAC 2H.1060 and S.L. 2006-246, desire to impose certain easements, covenants and restrictions to provide for and control storm -water runoff from the Property which shall be for the benefit of and enforceable by the North Carolina Department of Environment and Natural Resources, Division of Water Quality. NOW, THEREFORE, the Declarants declare that the Property described in Article 1, shall be held, transferred, sold, conveyed, leased, rented, encumbered, used and occupied subject to the easements, covenants, restrictions, and conditions hereinafter set forth. ARTICLE I PROPERTY SUBJECT TO THESE RESTRICTIONS The property subject to these Restrictions shall be all those certain tracts, lots or parcels of land situated WPDOC S OOCJRESTCOV.STORMWATER.CAROL{NA FOREST ENTRANOE RD.01.16.2012 FEB 0 6 .2 012 l.-�Y- in Jacksonville Township, Onslow County, North Carolina and more particularly shown and described on the following plats: Tract 1-B, containing 14.39 acres, Tract 1-C, containing 11.13 acres, and Tract 1 -D, containing 1.54 acres, as shown and described on a plat entitled "Recombination Plat of Tract 1-B, 1-C & 1-D on Western Boulevard & Carolina Forest Blvd.", dated July 15, 2011, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 62, Page 143, Slide N-177, in the Office of the Register of Deeds of Onslow County, North Carolina. I:�"-IV 1119-9T STORMWATER MANAGEMENT (A) The following covenants and restrictions set forth in this Article are intended to insure continued compliance with State Stormwater Management Permit Number SW8 011104 Modification as issued by the Division of Water Quality, under NCAC 2H.1000. (B) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. (C) These covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. (D) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. (E) The maximum built -upon area ("BUA") per lot, is as follows: Lot No.: Allowable BUA: Tract 1-B (Wellington Grove, LLC) - 174,615 square feet Tract I-C (Carolina Forest Investors, LLC, Wellington Grove Offsite) - 7,875 square feet Tract 1-D (BHP Western, Wellington Grove Offsite) - 7,366 square feet The above Allowable BUA limits are applicable to the Wellington Grove, LLC stormwater pond drainage area subject to the State Stormwater Management Permit Number SW8 011104 Modification. These allotted amounts include any built -upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. (F) All runoff from the built -upon areas on the Lot must drain into the permitted system. This may be accomplished through a variety of means, including: roof drain gutters which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect the Lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. (G) Each Lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. WPDOCWOC/RESTCOV.STORMWATER.CAROUNA FOREST ENTRANCE RD.01.18.2012 FEB 0 6.2012 r- Y: (H) All runoff from built -upon areas on each Lot, subject to Permit Number SW 011104 Modification, must drain into the permitted system. This maybe accomplished through a variety of means including roof drain gutters which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect the Lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. (1) These covenants are to run with the land and be binding upon all persons and parties claiming under them. ARTICLE III TERM These Restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these Restrictions are recorded., after which such time said Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Restrictions in whole or in part, with the exception of Article II, which shall require the written consent of the Division of Water Quality as provided therein. IN WITNESS WHEREOF, Declarants have caused these Restrictions to be executed by their respective officer or manager, all with authority duly given, as of the day and year first above written. SIGNATURES AND ACKNOWLEDGMENTS ON FOLLOWING PAGES WPDOCSIDOURESTCOV.STORMWATER.CAROUNA FOREST ENTRANCE RD.01.18.2012 SIGNATURE AND ACKNOWLEDGMENT PAGE FOR: STORMWATER RESTRICTIONS AND PROTECTIVE COVENANTS FOR CAROLINA FOREST ENTRANCE ROAD MODIFICATION (the "Restrictions") DECLARANT: STATE OF NORT CAROLINA ] COUNTY OF arse'-e.1- WELLINOTON GROVE, LLC, North Parplina limi liability company By: Name: KbkWWALKER Title: _Manager I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: KEITH WALKER Date: Ja uary 19 2012 ?Q (Ofcia Signature of Notar ` rNa k. Fern O'afl (Notary's printed or typed name) U n n My commission expires: dL �� 0� WPOOCSIDOCIRESTCOV.STORMNATER.CAROLINA FOREST ENTRANCE RO.01.182012 Ojfj ci temp pr.Seal SIGNATURE AND ACKNOWLEDGMENT PAGE FOR: STORMWATER RESTRICTIONS AND PROTECTIVE COVENANTS FOR CAROLINA FOREST ENTRANCE ROAD MODIFICATION (the "Restrictions") DECLARANT: STATE OF NORTH CAROLINA COUNTY OF ONSLOW CAROLINA FOREST INVESTORS, LLC, a North Carolina limited liability company By: ks.� Name: CHUN Hai FUNG Title: Manager I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: CHUN HOI FLING Date: January 1V . 2012 (p,Ticial Signature dfNotary) Ila (Notary's printe or typed name) r� My commission expires: B11L(l� 0`Mft�ial Stamp or Seal) ,p2•• PUg�1G •�� !l10111111 W" WPDOCSMOaRESTCOV.STORMWATER.CAROI.INA FOREST ENTRANCE RD.01.18.2012 SIGNATURE AND ACKNOWLEDGMENT PAGE FOR: STORMWATER RESTRICTIONS AND PROTECTIVE COVENANTS FOR CAROLINA FOREST ENTRANCE ROAD MODIFICATION (the "Restrictions") DECLARANT: STATE OF NORTH CAROLINA COUNTY OF ONSLOW BAP WESTERN, a North Carolina gener er ip By: Name: J L. PIERCE Title: General Partner I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: JOHN L. PIERCE Date: January 2012 (Official Signature dfNotary) (Arotary's printed r typed name) My commission expires: ° : ��11NIIIrrrrtjt TAR j4C1491amp or Sea!} yam : P0300 //ltlllll11ht1 WPDOCSIDOCIRESTCOV.STORMWATERCAROLIWIFOREST ENTRANCE RD.41.18.2012 SOSID: 1200729 Date Filed: 4/27/2011 11:51:00 AM State of North Carolina Elaine F. Marshall Department of the Secretary of State North Carolina Sccretary of State C201111000221 ARTICLES OF INCORPORATION Pursuant to §55-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purpose of forming a business corporation. 1. The name of the corporation is: {Wellington Grove Housing of .Jacksonville Inc. 2. The number of shares the corporation is authorized to issue is: 1,000 3. These shares shall be: (check either a or b) a. Q all of one class, designated as common stock; or b. [--I divided into classes or series within a class as provided in the attached schedule, with the information required by N.C.G.S. Section 55-"]. 4. The street address and county of the initial registered office of the corporation is: Number and Street 108 Professional Park Drive City $eaufort State NC Zip Code 28516 County Carteret 5. The mailing address, if different front the street address, of the initial registered officers: Number and Street PO Box 2400 City Beaufort State NC Zip Code 28516 6. The name of the initial registered agent is: Keith D. Walker 7. Principal office information: (must select either a or b.) a_ Q The corporation has a principal office. The street address and county of the principal office of the corporation is: Number and Street 108 Professional Park Drive City Beaufort State NC Zip Code 28516 County - Carteret CounV_Carteret The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street PO Box 2400 City Beaufort State NC Zip Code 28516 b. ❑ The corporation does not have a principal office. CORPORATIONS DIVISION P. O. BOX 29622 (RevisedJanuary, 2002) 3 FEB 0 6.2012 Counter Carteret RALEIGH, NC 27626-0622 (Form B-01) 8. Any other provisions, which the corporation elects to include, are attached. 9. The name and address of each incorporator is as follows: Keith D. Walker, PO Box 2400, Beaufort, NC 28516 10. These articles will be effective upon filing, unless a date and/or time is specified: This the 12 day of April 2(W 2011 X � �Aj Signature Keith D. Walker, Incorporator 7)pe or Print Name and Title NOTES: 1. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 (Revised January, 2002) FEB 0 9.2012 RALEIGH, NC 27626-0622 (Form B-01) !t SOSID: 1200675 Date Filed: S/11/2011 4:58.00 PM State of North Carolina Elaine F. Marshall Department of the Secretary of State North Carolina Secrcta. of State c2o112osoo2.�4 Limited Liability Company AMENDMENT OF ARTICLES OF ORGANIZATION Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Amendment for the purpose of amending its Articles of Organization. 1. The name of the limited liability company is: Wellington Grove, LLC 2. The text of each amendment adopted is as follows (attach additional pages if necessary): Section 8 of the Articles of O anization is deleted and re laced with the followin "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. 7L__(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." 3. (Check either a or b, whichever is applicable) a. X The amendment(s) was (were) duty adopted by the unanimous vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company. b. The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating agreement. 4. These articles will be effective upon filing, unless a date and/or time is specified: This the day of _, 2011. �B Wellington Grove, LLC Name o Lf rmited "ability Company 7 (, h t ( SiinAture Keith D. Walker. Organizer Type or Print Name and Title NOTES: I . Filing fee is $50, This document must be filed with the Secretary of State. (Revised January 2000) (Form L-17) CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 FEB Q 6,2012 BY: (Pag. i i- I ismillimillimalia Recorded: tD2%22/20�j0EtTp9:2y�04 Pr Fee Azt: $2,428,00 Pape 1 of 2 Revenue TAX: �2,400.00 This deed presented to oneloW County NG Rebecca L. Poilerd Req. of Deeds k :: sK3699 Rp683-684 Mutn ,,Cl Delinquent taxes, if any, to be paid by the closing attorney to the Onslow County Tax Collector upon disbursement of closing proceeds. The hereinafter described property does not constitute the Grantor's primary residence. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $2,400.00 _ Recording:[ime, Book and Page set forth abovg This instrument prepared by: Gaylor Edwards & Vatcher, P.A.,Licensed North Carolina Attorneys Tax Parcel I.D,: 338-1S.10 Brief description for index: Tract I-B, 14.39 acres, Map Book 62, Page 153 s t— THIS DEED made this III day of December, 2011 by and between: GRANTOR: BHP WESTERN, a North Carolina general partnership Mailing Address: P.O. Box 1685 Jacksonville, NC 28541 GRANTEE: ' WELLINGTON GROVE, LLC, a North * Carolina limited liability company * Mailing address: P.O. Box 2400 * Beaufort, NC 28516 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee, in fee simple, all that/those certain tract(s), lot(s) or parcel(s) of land, situated in Jacksonville Township, Onslow County, North Carolina and more particularly described as follows: BEING all of Tract 1-B, containing 14,39 acres, as shown on a plat entitled, "Recombination Plat (Rev.) Tract 1-B, t-C & 1-1), on Western Boulevard dr Carolina Forest Blvd," dated August 2, 2011, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 62, Page 153, Slide N-187, in the Office of the Register of Deeds of Onslow County, North Carolina. TOGETHER WITH a perpetual, nonexclusive ingress, egress and utility easement over and upon the area 65 feet in width extending from the eastern right-of-way of Carolina Forest Boulevard designated as "65' Reserved R/W Future Carolina Park Ave." as shown and described on the plat recorded in Map Book 62, Page 153, Onslow County Registry. ALSO TOGETHER WITH a perpetual, non-exclusive ingress, egress and regress easement described in Book 3698, Page 532, Onslow County Registry. SUBJECT TO the rights of others for ingress, egress and installation of utilities over, under and upon the "65' Reserved R/W Future Carolina Park Ave.". J:11VPD0C35CEVF0RMjQFFRS1BNP WrSTr ICIVELLINCTON GROVE 12.15.11-pd FEB 0 b . ZOIZ BY: Book: 3699 Page: 683 Page 1 of 2 Book 3699. Pace 683. File Number (pogo. .'{► 2) The property herein above described was acquired, or is a portion of the property acquired, by Grantor by instrument recorded in: Book 1460, Page 396, Onslow County Registry. TO HAVE AND TO HOLD the aforesaid tract(s). lot(s) or parcel(s) of land and aU privileges and appurtenances thereto belonging to the Grantee in fee simple. THE GRANTOR COVENANTS WITH THE GRANTEE, that Grantor is sei7xd of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is subject to the following exceptions: Mineral rights reservation by Weyerhaeuser Company recorded in Book 925, Page 146, Onslow County Registry; drainage and utility easements of record, if any, and matters shown on the hereinabove referenced recorded map. IN WITNESS WHEREOF, the Grantor has hereto set his/her hand and seal, or if corporate or other entity, has caused this instrument to be executed by its duly authorized partner(s), manager(s) or officer(s), the day and year first above written. BHP WESTERN_a North Carolina general partnership (SEAL) By: STATE OF NORTH CAROLINA COUNTY OF ONSLOW Henry Haye - 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: )OHN L. PIERCE and HENRY HAYE s Date: December J2011 (Of c Signature of Nota ) r P mi t::- a✓ s JY (Notary's printed or typed name) My commission expires: u-, ?-y 116 1:1WPpQU5 C VFORmkDEEDSiBN7 WESTERN.WELLINGTON LROVE.12.1 S.11.wpd (Official Stamp or Seal) FEB 0 .6.101Z Book: 3699 Page: 683 Page 2 of 2 Book 3699. Face 683. File Ntffiber ' Date Received Fee Paid Permit Number -D --- OOII- > > Applicable Rules: ❑ Coastal SW — 1995 ❑ Coastal SW — 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M t Plan: E;9; �_ State of North Carolina Department of Environment and Natural Resource Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Wellington Grove Apartments 2. Location of Project (street address): 2075 Carolina Park Ave. CityJacksonville County:Onsiow Zip:28540 3. Directions to project (from nearest major intersection): From intersection of US 17 & NC 53 (Western Blvd.) in Jacksonville, North on NC 53 approximately 2.1 miles to Carolina Forest Blvd. Right on Carolina Forest Blvd. & go approx. 0.2 miles - site on right 4. Latitude:34° 48' 5.75" N Longitude:77* 24' 52" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed` *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-62326748): ❑LAMA Major ®Sedimentation/Erosion Control: 9.0 ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: Fonn SWU-101 Version 07Jun2010 Pagel of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization: Well ington Grove, LLC. Signing Official & Title:Keith Walker, President, Wellington Grove Housing of Jacksonville, Inc. (Manager of Wellington Grove, LLC} b. Contact information for person listed in item 1a above: Street Address:108 Professional Park Dr. City:Beaufort State:NC Zip:28516 Mailing Address (if applicable):PO Box 2400 City: Beaufort State:NC Zip:28516 Phone: (252 ) 504-3996 Fax: Email:MMccloske, r &eccdi.com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. ('Phis is the person who owns the property that the project is located on): Property Owner/Orgar Signing Official & Title: b. Contact information for person listed in item 2a above: Street Ad City: Mailing Address (if applicable)- City: — Phone: Email: State: Sta Fax: Zip: Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization; Signing Official & Title: b.Contact information'for person listed in item 3a above: Mailing Ad City: Phone: ( } Email: State: Fax: ( ) Zip: 4. Local jurisdiction for building permits: City of Jacksonville Point of Contact:Danny Bryan Phone #: (910 ) 938-5235 FEB 0 f6 Z61Z Form SWU-101 Version 07Jun2010 Page 2 of BY: IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater runoff will be diverted to a wet detention basin. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW --1995 ❑ Ph lI - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 14.39 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) -Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area*:14.39 acres * Total project area shall be calculated to exclude thefollowing. the normal pool of itupounded structures, the area between the banks of streams and rivers, the area belozo the Norrual High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHIM lute ntay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 60.3 % 9. How many drainage areas does the project have?] (For high density, count I for each proposed engineered stornwater BMP. For low density and other projects, use I for the whole properly area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area _ Drainage Area Drainage Area _ Receiving Stream Name Half Moon Crk Stream Class QNSW Stream Index Number * 19-6 Total Drainage Area (so 313,289 On -site Drainage Area (so 298,048 Off -site Drainage Area (so 15,241 Proposed Impervious Area** (so 188,996 % Impervious Area** total 60.3 Impervious ** Surface Area Drainage Area 1 Drainage Area Drainage Area _ Drainage Area _ On -site Buildings/Dots (so 64,706 On -site Streets (so 12,669 On -site Parking (so 69,318 On -site Sidewalks (so 21,597 Other on -site (so 465 Future (so 5,000 Off -site (sf) 15,241 Existing BUA*** (so 0 Total (so: 188,996 * Stream Class and Index Number can be detenniued at: lrtll�:�/l�u; frrl.tra.tlr:nr.u_r �r cb/rral� �,,-/_ , f L_-i ic_,160 1r5 Impervious area is defined as the built upon area including, but not litnited to, buildings, roads, parking areas,_ siMoalks, gravel areas, etc. kU , ,_ C EIVED Form SWU-101 Version 07Jun2010 Page 3 of 6 FEB U 6 Z61Z T Ix r- Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from httt)://r)ortal.ncdenr.ore/web/wo/ws/su/bmt)-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from hM://portat,ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at hqp://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from h ortal.ncdenr.or. web w /ws/su statesw forms dots. Ini ' s 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (seated, signed and dated) and O&M 14 agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/pages/onestopexpress.htn-d for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within V2 mile of the site boundary, include the'h mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NEW line of tidal waters, and.any coastal wetlands landward of the MHW or NHW Lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). RE-CEIVED FEB U 6 Z01Z Form SWU-101 Version 07Jun2010 Page 4 of 6 ',,9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils reap with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 3699 Page No: 683 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hU://www.secreta /www.secreta!y.state.nc.usICorporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from hn://12ortal.ncdenr.orgZweb/wq/ws/su/statesw/fon- s_docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:David K. Newsom, PE Consulting Firm: Crystal Coast Engineering, PA Mailing Address:3817-3 Freedom Way City:Hubert Phone: (910 ) 325-0006 Email: State:NC Zip:28539 Fax; 910 325-0060 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1 a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version 073un2010 Page 5 of 6 R-EC EIvED FEB 0 1; Z01Z BY: `, As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: I, _____________________________________, a Notary Public for the State of --------------------- County of ____________________, do hereby certify that -------------------------------------- personally appeared before me this _ day of -----------------,-------, and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, _________________________________________________ SEAL My conunission X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Keith Walker, President_of Wellfngton Grove Housing of Iacksonville. Inc. (Manager of Wellington Grove. LLC) certify that the information irNuded on this permit application form is, to the best of my knowledge, correct and that the project w' be constru ted in conformance with the approved plans, that the required deed restrictions and protective c enants will b recorde that the proposed project complies with the req iremc of the applicable sto at, iesun e 15A 2H .1000, SL 2006-246 (Ph. II -Post Cons truc]tio )/orr{SL 008--2211J. Signature: Date: r ✓ v J- - __________, a Notary Public for the State of County of do hereby certify that __�° �'T��•%' personally appeared eared ----------- before me this day of -JD {' (,j�'� , � Z, and acknowledge the e execution of the application for a stormwater permit. Witness my hand and official seal, ____ _ _ __ ---------------- \��titiuui+i�trrr� Qa �O Pui3v SEAL My commission expires Form S WU-101 Version 07Jun2010 Page 6 of 6 Nelson, Christine From: Pascal Pandosy [pdrafter@gmail.com] Sent: Tuesday, February 07, 2012 5:05 PM To: Nelson, Christine Subject: RE: Wellington Grove Ugh, gotta love communication. Thanks Christine. Sorry for wasting your time. On Feb 7, 2012 4:55 PM, "Nelson, Christine" <christine.nelson rr ncdenr.gov> wrote: Pascal — A signed O&M arrived via FedEx today Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Nelson, Christine Sent: Tuesday, February 07, 2012 2:54 PM To: 'Pascal Pandosy' Cc: Russell, Janet Subject: RE: Wellington Grove Nelson, Christine From: Nelson, Christine Sent: Tuesday, February 07, 2012 2:54 PM To: 'Pascal Pandosy' Cc: Russell, Janet Subject: RE: Wellington Grove Mailing the form tomorrow should be fine. Thanks! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties unless the content is exempt by statute or other regulation. From; Pascal Pandosy [maiito: ascalcce bizec.rr.com] Sent: Tuesday, February 07, 2012 2:49 PM To: Nelson, Christine Subject: Wellington Grove Christine, We can mail you the form tomorrow. Will that be soon enough? Let me know if you need the O & M by tomorrow, I can make a trip to Wilmington. Pascal G. Pandosy Crystal Coast Engineering, PA 3817-3 Freedom Way Hubert, NC 28539 (ph)910-325-0006 (fax) 910-325-0060 (mob) 252-503-2527 Nelson, Christine From: Nelson, Christine Sent: Tuesday, February 07, 2012 10:18 AM To: 'mmccloskey@eccdi.com; 'David Newsom' Cc: Russell, Janet Subject: Wellington Grove - SW permit submittal Gentlemen, I wanted to touch base with you to let you know that we have accepted the Wellington Grove project into the Express program as of Monday, Feb 6. The package was dropped off at 1:07 pm on Feb 3 and the Express program procedure is to log anything received after noon as accepted the following business day. I did also want to let you know that the original signed O&M for the pond has still not been submitted. The signed document submitted on 2/3 was the deed restrictions. If the original signed O&M is not received by the time I can review the package, the O&M will be asked for in a request for additional information. Please let me know if you have any questions about the Express process. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Nelson, Christine Sent: Tuesday, February 07, 2012 10:18 AM To: 'mmccloskey@eccdi.com'; 'David Newsom' Cc: Russell, Janet Subject: Wellington Grove - SW permit submittal Gentlemen, I wanted to touch base with you to let you know that we have accepted the Wellington Grove project into the Express program as of Monday, Feb 6. The package was dropped off at 1:07 pm on Feb 3 and the Express program procedure is to log anything received after noon as accepted the following business day. I did also want to let you know that the original signed 0&M for the pond has still not been submitted. The signed document submitted on 2/3 was the deed restrictions. If the original signed O&M is not received by the time I can review the package, the 0&M will be asked for in a request for additional information. Please let me know if you have any questions about the Express process. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING — LAND PLANNING — MAPPING P.O. 13OX 1685 JACKSONVILLE, NC 28541 OFFICE: (910) 346-9800 FAX: (910) 346-12 W E-MAIL: bettvbnilnnexorn Or brianj rrrl,ilnnexom TO: Ms. Christine Nelson N.C. Department of Environment and Natural Resources — Department of Stormwater 127 Cardinal Drive Extension Wilmington, NC 28405 DATE: February 6,2012 ATTENTION: Christine Nelson Re: Wellin ton Grove Letter of Transmittal COPIES I DATE I NUMBER I DESCRIPTION 2 Sign & notarized "Wet Detention Basin Operation and Maintenance Agreement A 1�cEIVEI] FEB 0 7 201Z SIGNED: JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING -- MAPPING REC'D F EB 6 i2 11.0. 13ox 1685 / , D JACKSONV11.1,l„ NC 28541 I!" OI I [CC: (91I1y 3�l{i-98Up 1=AX_ (�)1Q} 3dG-]?10 Letter of Transmittal I-R'3Ai1,: hLllrhir+'111uiC.���ii3 �r} ��� ^e- �e � n DATE: t` S ATTENTION: riC: . �,.� t �1� �•- `' can ���/G' C� � ,� ,� COPIES DATE NUMBER DESCRIPTION 2- `3 'r Sus c RKS : RECF,IVED SIGNED: FEB u b zulz BY: JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING -- LAND PLANNING — MAPPING P.O. BOX 1685 JACKSONVILLE, NC 28541 OFFICE: (9I0) 346-9800 FAX: (910) 346-1210 E-MAIL: bettvbnilpnc.com Or briani(u�ilnnc.com ~Ms. Linda Lewis. N.C. Department of Environment and Natural Resources — Department of Stormwater 127 Cardinal Drive Extension Wilmin on NC 28405 DAT ATTENTION: Re: Wellington Grove Letter of Transmittal COPIES DATE NUMBER DESCRIPTION 2 Sets of plans 2 Copies of "Draina e Area Supplement" ma 2 Stormwater applications with calculations for "Fast Track" processing 1 Check in the amount of $4,000.00 1 Copy of the "deed of record" 1 Copy of letter from Soil Scientist "Haywood Pittman" concerning stormwater drainage effects on wetlands 1 Copy of "Annual Report" 1 Copy of "02erating A reement" 1 Copy of "Articles of Incorporation" 1 Copy of "Amendment of Articles of Organization" 1 2Eestrictive " for Carolina Forest Entranc Road" REMARKS: LRF,C'F �rEI�u b Lu-iz SIGNED: For DENR Use ONLY i } Revi G 1� 7-FA North Carolina Department of Environment and Natural Resources ubmit_ 0 NCDENR Request for Express Permit Review Time: Confirm: FILL-IN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity, ma same items expected in theapplicationpackage of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828-296-4698;alison.davidsoncbncdenr.gov • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(aancdenr.gov • Mooresville & -Patrick Grogan 704-663-3772 or patrick.grogan(@,ncdenr.gov • Washington Region -Lyn Hardison 252-946-9215 or lyn.hardison(a)ncdenr. _go v • Wilmington Region -Janet Russell 910-350-2004 orLanet russeIK&ncdenrgov NO TE: Project application received after 12 noon will be stamped in the following work day. Enter Related SW Permits of request SW SW SW SW SW dce--'G-r) Project Name: WELLINGTON GROVE APARTMENTS County: ONSLOW Applicant: KEITH WALKER Company: WELLINGTON GROVE, LLC Address: PO BOX 2400, 108 PROFESSIONAL PARK DR. City: BEAUFORT, State: NC Zip: 28516-_ Phone: 252 504-3996, Fax: _ _ _, Email: @ Physical LOcation:CAROLINA PARK AVE. (O F CAROLINA FOREST BLVD NEAR INTERSECTION W. NC 53 WESTERN BLVD ) Project Drains into C waters - Water classification NSW (for classification see-hdp:lih2o.enr.state.nc.uslbimsireportstreport$WB.html) Project Located in WHITE OAK River Basin. Is project draining to class ORW waters? N , within Y2 mile and draining to class SA waters N or within 1 mile and draining to class HOW waters? N Engineer/Consultant: DAVID K. NEWSOM Company: CRYSTAL COAST ENGINEERING, PA Address: 3817-3 FREEDOM WAY City: HUBERT, State: NC Zip: 28539-� 7BYJAN IVED Phone: 910-325-0006, Fax: 910-325- lgj_,60, Email: crystalcoasteng@bizec.rr.com SECTION ONE: REQUESTING A SCOPING MEETING ONLY 22012 ❑Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAM (J_YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization (-]Minor Variance ❑ Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration —,- #Treatment Systems ElHigh Density -Bio-Retention — # Treatment Systems ❑ High Density -SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems /❑ MOD:[] Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit q) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting reguest) Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ® Yes ❑ No US ACOE Approval of Delineation completed: ® Yes ❑ No Received from US ACOE ® Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s) Isolated wetland on Property ® Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ® No Permit For DENR use only Fee Split for multiple permits: (Check t# Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL. DATES Fee CAMA $ Variance (❑ Maj; ❑ Min) $ SW (❑ HD, ❑ LID, ❑ Gen) $ 401: $ LQS $ - Stream Deter, $ �A k + -�) a-'N S,14-\A NCDENR EXPRESS March 2009 JAN 2 4 2012 ` ''-�-,� �«_ �� xvrnnutm wee ■•neucnow �:���w.�r•r`o.. � �N�.��_ �% ��� ��` `s ' -.-_t1 Ilk --_-_ \.W- M� •� .� -_ _-_ �i�4; �s ^T. W .-..,.�>�....;x.•,.�,. y 'e ate. p�G\ � +• may' �� � �rY� __.-..,� -n,.�� e _-�.t�`.ti •„- �o� Mew F y I w \` \� \ \ '�'{ �. '�"�,._ f' ' • ,�. II I �_�,..".r� �,.. ~PAYE^}- -71 �, � V � � \ \ `\ \ � `°` � ,Z '� � , • C,c� } I � _�, _;:Y��= �:..:.:.. 1 yy� it '� e _ _ � l � V i Yi �y yo\,�\ \`\\ .�� �zr..� � �• ±���r1.1 '�is, � M. �..� � ��...... `1 11!� �1y1 1 _.—._— l 1�-A¢G \ \tti �.Y��\ • 1; • - •• � r � -t-y � 1 =" �", �, : `r.�"a '� :��"".,�.,.u5� � i.,n. u.' 1 I y y 'i 1`� 1� -- - - '/ }, �L`�� � �ti, \\ ,y '�• �.�,-�.;,'�.=- ^�x ti�-wrr+,[-�y �—.i•�.:1�....,...�'. �"� " P-�a`? == 1 '�[ L1 - � r � �.\ Jm— M;�*Aa,✓-_-- .i%I_ �R�`..-�-`�� _, r 93`.et. \\;a �� /� d // MEWNGTON GROVE S .. _��yr`� r �ro ��.,: \ d pp �� EAST CAROUNA COMMUNRY DEVELOPMENT, INC. MIN L PIERCE & ASMATIM P.A S9 { � Imd: bMw•ipw.mn crystal Coast Engineering, P.A. GRAPLUC SCALE Stormwater Treatment Narrative Wellington Grove Apartments Wellington Grove, LLC owns a 14.39 acre tract located off of existing Carolina Forest Blvd approximately 900 feet North of Western Blvd within the city limits of Jacksonville, NC. The tract is currently undeveloped. Wellington Grove, LLC (managed by Wellington Grove Housing of Jacksonville Inc.) plans to construct an apartment complex. The proposed development will include 88 one, two and three bedroom apartment units in six buildings with Stormwater Treatment Facilities (Wet Detention Basin) located on site. The Treatment Facilities will be sized to handle the proposed development plus access roadways and associated parking. The project site is located in the White Oak River basin. The tract is currently wooded with most runoff draining to adjacent ditches on the Southeast and which lie along the boundary of the tract. From there the flow is into a nearby unnamed tributary of Half Moon Creek (C; NSW). The project site is adjacent to 404 (non -coastal) wetlands, but only a small portion of these wetlands extend to within the tract boundaries. The project has been designed to avoid disturbing the existing wetlands. The site is relatively flat (0.6%-1.5% slopes). The proposed development activities are high density (percent impervious > 24%); therefore, stormwater treatment facilities are required. The attached Stormwater Plan includes a wet detention basin located within the designed Stormwater lot at the eastern section of the site. This pond has been designed to meet the NPDES Phase II Rules, and according to current BMP Manual Specifications. The stormwatcr pond has been designed with a connected forcbay and main pond. Runoff generated from impervious surfaces on site will be diverted to the forebay via inlets and underground storm drain pipes. Treated Stormwater will exit the main pond via the outlet structure124" CMP outlet pipe and into the nearby drainage ditch along the Southern boundary of the tract. RECEIVED JAN 2 4 2012 BY: 5 ve,Y\ a Ya 0.qj,� a.sll�t T 1, -� r ;� . � " .J ..ti . ` , ! %'•" L r f '• � , 4� Nelson, Christine From: Nelson, Christine Sent: Tuesday, January 17, 2012 12:59 PM To: Pascal Pandosy Cc: Russell, Janet Subject: RE: Wellington Grove Pascal, You may want to clarify that the amounts listed are the BUA limits within the Wellington Grove pond drainage area. You don't want to have any future confusion that those limits are for those entire tracts. (Granted at that time, they will likely have to treat everything anyways or soon be on that path...) As for the application, the total drainage area should be the sum of both the on -site and off -site drainage areas. Also, I still don't have internet access on my computer. I am trying to periodically check my e-mail when I can borrow a computer but if you have any other questions, you may want to call or give me a heads up that you have sent me an e- mail. Can you get with Janet with potential dates that you might be ready to submit the two packages? I understand that in order to accept Wellington Grove, we must have the package and check for the modification to Carolina Forest Entrance Road in house waiting for Linda's next available date. Thanks, Christine From: Pascal Pandosy [pascalcce@bizec.rr.comj Sent: Monday, January 16, 2012 12:30 PM To: Nelson, Christine Subject: Wellington Grove Christine, Let me know if the BUA breakdown in the Deed Restriction makes sense please. A've also revised pg 3 of 6 of the stormwater permit app. Thanks Pascal G. Pandosy Crystal Coast Engineering, PA 3817-3 Freedom Way Flubert, NC 28539 (ph) 910-325-0006 (fax) 910-325-0060 (mob) 252-503-2527 Russell, Janet From: Pascal Pandosy (pascalcce@bizec.rr.com] Sent: Wednesday, January 18, 2012 2:59 PM To: Russell, Janet Subject: RE: Wellington Grove & Carolina Forest Entrance Road Janet, As soon as I hear from the attorney about the deed restriction and Haywood about the soil report (both for Wellington Grove project), I will contact you to set up an express submittal meeting. We are in the process of moving to our new office so bare with me O Pascal From: Russell, Janet[mailto: Ja net. russell@ncdenr.gov] Sent: Wednesday, January 18, 2012 12:13 PM To: Pascal Pandosy Subject: Wellington Grove & Carolina Forest Entrance Road Pascal: Don't forget that the Express_ submittal meetings for these projects must be scheduled. Please notify me by email when you think you have the packages almost ready. Thanks, Janet Janet M. Russell, NC DENR Environmental Assistance 910 796-7302 Emails to and from this address are subject to the public records law and may be disclosed to a third party. RE: Wellington Grove Page I of 1 RE: Wellington Grove Nelson, Christine Sent: Tuesday, January 17, 2012 12:59 PM To: Pascal Pandosy [pascalcce@bizec.rr.com1 Cc: Russell, Janet Pascal, You may want to clarify that the amounts listed are the BUA limits within the Wellington Grove pond drainage area. You don't want to have any future confusion that those limits are for those entire tracts. (Granted at that time, they will likely have to treat everything anyways or soon be on that path...) As for the application, the total drainage area should be the sum of both the on -site and off -site drainage areas. Also, I still don't have internet access on my computer. I am trying to periodically check my e-mail when I can borrow a computer but if you have any other questions, you may want to call or give me a heads up that you have sent me an e- mail, Can you get with Janet with potential dates that you might be ready to submit the two packages? I understand that in order to accept Wellington Grove, we must have the package and check for the modification to Carolina Forest Entrance Road in house waiting for Linda's next available date. Thanks, Christine From: Pascal Pandosy [pascalcce@bizec.rr.com] Sent: Monday, January 16, 2012 12:30 PM To: Nelson, Christine Subject: Wellington Grove Christine, Let me know if the BUA breakdown in the Deed Restriction makes sense please. I've also revised pg 3 of 6 of the stormwater permit app. Thanks Pascal G. Pandosy Crystal Coast Engineering, PA 3817-3 Freedom Way Hubert, NC 28539 (ph) 910-325-0006 (fax) 910-325-0060 (mob) 252-503-2527 https://mail.ne.gov/owal?ae=Item&t=IPM.Note&id=RgAAAACVOwMv6hgOQrZsghGFcSL8Biv7AZU2 '01/11/2012 13:10 9103250060 CRYSTALCOAST ENG PAGE 02/03 'r. Crustal Coast Ena ineerirm.-PA 3817-3 Freedom Way Hubert, N.C. 28539 Tel: (910) 325-0006 Fax: (910) 325-0060 Email: crysolcoasteng@bizec.rr.com January 11, 2012 Mr. Marie McCloskey East Carolina Community Development 108 Professional Park Drive Beaufort, N.C. 28516 Re: Wellington Grove Explanabon of Permitting Delays Dear Mr., McCloskey, As you know, we have encountered some unanticipated permitting delays associated with the required Stormwater Permit for the referenced project. Per your request, we would like to explain the cause of these delays. As you may be aware, the State of North Carolina (NCDENR) was originally responsible for ALL stormwater permitting in the Jacksonville area. However, in 2009, the responsibility for storrnwater permitting within the City Limits of Jacksonville was delegated by NCDENR to the City of Jacksonville. As the Wellington Grove project is inside the Jacksonville city limits, we (Crystal Coast Engineering (CCE) & the City of Jacksonville) assumed (evidently incorrectly) that the permit for Wellington Grove would be issued by the City, as has been the case for numerous other projects in the vicinity of the Wellington Grove project. However, we (CCE & the City of Jacksonville) recently discovered that the permitting situation in the immediate vicinity of the Carolina Forest Entrance Road, which serves the Wellington Grove tract, is unique and atypical (i.e. not subject to the "normal" rules), due to some pre-existing permit activity that was unknown to us (CCE and City) and presumable, until very recently, NCDENR themselves. In this particular situation, another Engineer (Tim Stewart of Parker & Associates, Inc.) back in 2002 acquired a stormwater permit on behalf of BHP Western, owners of the "parent tract' from which Wellington tract was subsequently subdivided from. The permit acquired by Mr. Stewart was.a Low Density permit, that permit placing conditions upon the ENTIRE 76.9 acre BHP Western Tract. Although the 76.9 acre BHP Western Tract no longer exists in the permitted configuration (has been re -platted by several subsequent exempt subdivisions), the Wellington Grove project falls within the "Footprint" of that pre-existing Low Density Permit acquired by Mr. Stewart for the Carolina Forest Entrance Road. 01/11/2012 13:10 9103250060 CRYSTAL COAST ENG PAGE 03/03 • Page 2 .January 11, 2012 Specifically, that Low Density penTft included limitations on impervious surface coverage as well as included a condition that any subsequent development within the Low Density 'footprint' area seek a modification from NCDENR of that original Low Density permit. The Wellington Grove project is not the only project within this Low Density `footprint" area subject to these requirements. Recently, NCDENR has determined that they themselves mistakenly issued (prior to delegating permit authority to the City in 2009) permits for several other projects (i.e, Emmerdale, The Arbors, & The Legacy) as those projects also fall within, either entirely or partially, the original Low Density "footprint" area. NCDENR evidently issued those permits without knowledge of the pre- existing Low Density permits, as none of those Permittees were required by NCDENR to modify the °master" Low Density covering the original 76.9 acres "parent' tract, as was required by the pre-existing permit conditions. NCDENR has recently become aware of the pre-existing Low Density permit conditions they issued in 2002, and now insist that Wellington Grove project, since it lies within that original `footprint" subject to that Low Density permit, make application to NCDENR as opposed to the City of Jacksonville, even though the City of Jacksonville has since assumed Permitting responsibilities. Furthermore, NCDENR is insisting that BHP. Western Partnership, prepare a Master Stormwater Plan showing the original permit "parent" tract, as well as the current lot configuration, which is quite different from that originally permitted. In addition, NCDENR is insisting that the pre-existing Carolina Entrance Road Low Density permit be modified as to account for ALL the development activities since 2002 (i.e., including Emmerdale, The Arbors, The Legacy & Wellington Grave). BHP Western has contracted with us (CCE) to address these requirements, and we expect to submit the required Master Plan and Applications, as well as the Wellington Grove applications, in the very near future (Express Permitting), We are hopeful that the above explanation adequate explains the situation, a situation 1 think you will agree is very convoluted, atypical and difficult, if not impossible, to anticipate. Should you have any questions or comments, please feel free to contact me. Sin rely, David K. Newsom, PE CRYSTAL COAST ENGINEERING, PA Nelson, Christine From: Russell, Janet Sent: Thursday, January 12, 2012 9:26 AM To: Nelson, Christine; Gregson, Jim; Lewis,Linda Cc: Scott, Georgette Subject: RE: Carolina Forest Entrance Road The meeting with John Pierce & Dave Newsom is confirmed for Friday, Jan 13 (tomorrow) at 1:30 PM. I have reserved the conference room in the back building from 1:00-3:00 in case the Ocean Conf room is still in use at 1:30. I'll be on leave tomorrow afternoon. Janet From: Nelson, Christine Sent: Thursday, January 12, 2012 8:31 AM To: Gregson, Jim; Lewis,Linda Cc: Russell, Janet; Scott, Georgette Subject: Carolina Forest Entrance Road Jim & Linda, In case you want some of the background issues on this one, I've attached 2 e-mails that relate to this project. J The boiled down version is that in 2001, DWQ issued a LD permit for a site and later issued 2-3 separate HD permits for lots subdivided from this LD permit area without realizing this LD permit existed. Sack in 2010, 1 discovered this problem when another development was proposed in this same area. I tried to get a modification on that LD permit done at that time but that didn't go anywhere as the plans for that separate development were dropped (funding problems?). In Dec 2011 1 found out that Jacksonville was set to approve yet another HD project within this same area. Since DWQ has the permits for this area, I informed them that they are required to submit through DWQ. The reason for this meeting is to see how they propose to resolve this one. Christine Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Russell, Janet Sent: Wednesday, January 11, 2012 5:14 PM To: Scott, Georgette; Gregson, Jim; Lewis,Linda; Nelson, Christine Cc: Weaver, Cameron Subject: Carolina Forest Entrance Road - Jacksonville RE: Carolina Forest Christine has been working on resolving some issues with Carolina Forest Entrance Road in Jacksonville. Today we received an Express Request to modify the stormwater permit for Carolina Forest Entrance Road and also submit a new project at Carolina Forest called Wellington Grove. Dave Newsom of Hubert is the engineer on the project. Dave is going out of town for a couple of weeks soon. It's my understanding that Dave needs to be present for an initial Express meeting. He is available on Friday —anytime. Christine has suggested a 1:00 or 1:30 PM Scope meeting this coming Friday, Jan. 13. Please let me know if 1 or 1:30 this Friday would work for the meeting. Thanks, Janet Janet M. Russell, NC DENR Environmental Assistance 910 796-7302 Emails to and from this address are subject to the public records law and may be disclosed to a third party. Nelson, Christine From: Nelson; Christine Sent: Wednesday, January 04, 2012 2:40 PM To: Greg Meshaw-,'David Newsom' Cc: Pat Donovan -Potts; Scott, Georgette Subject: RE: Carolina Forest Entrance Road SW8 011104 G reg, It is not an option to split this tract of land between two permitting agencies. It needs to stay with one agency. David, I talked to Georgette about your earlier question of how to submit these two applications. Since there are underlying compliance issues, the modification will have to be approved before the Wellington Grove permit can be approved. However, the two applications can be submitted concurrently to either the Express or Regular program. If the permittees want to submit through the Express program and since the issues surrounding this site are so complicated, please remember that everything needs to be fully resolved when the modification is submitted. As you know, if the modification is accepted into the Express program and the issues are not adequately resolved within the 30 day time frame, the modification may have to be transferred to the Regular program. Also, I just wanted to remind you that with the Express program, there is the option to have a scoping meeting prior to submittal (scheduled through Janet), which can be helpful for complex sites and master plans. Christine Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Greg Meshaw [ma ilto:GMeshaw@ci.jacksonviIle. nc.us] Sent: Wednesday, January 04, 2012 1:40 PM To: 'David Newsom'; Nelson, Christine Cc: Pat Donovan -Potts; Scott, Georgette Subject: RE: Carolina Forest Entrance Road SW8 011104 Again, if the developer desires for us to take it, we will try realizing that there shear act of us taking it could slow the process down. Otherwise, we will leave it with DWQ. Greg M From: David Newsom [mailto:crystalcoasteng@bizec.rr.com] Sent: Wednesday, January 04, 2012 12:30 PM To: Greg Meshaw; 'Nelson, Christine' Cc: Pat Donovan -Potts; 'Scott, Georgette' Subject: RE: Carolina Forest Entrance Road SW8 011104 I will "format" the package however the City and DWQ prefer it..... But from my standpoint.... modifying the original permit as to "subtract out" Wellington Grove would just further complicate and already overly complicated mess. Just my initial opinion.....but obviously it is my desire to keep it as SIMPLE AS IS POSSIBLE. From: Greg Meshaw [mailto:GMeshaw@ci.jacksonville.nc.us] Sent: Wednesday, January 04, 2012 12:25 PM To: 'David Newsom'; 'Nelson, Christine' Cc: Pat Donovan -Potts; 'Scott, Georgette' Subject: RE: Carolina Forest Entrance Road SW8 011104 I have been out of pocket for the past few days, so let me apologize for being late to this train of a -mails as I have just finished reading them. After reading the e-mails, I understand that one question has been put to the City as follows: + Does Jacksonville wish to take over enforcement of these permits and thus be responsible for issuing new permits within this area? The response to the question is that we are willing to do so; however, I have to believe that having the City go through the process of determining "what the exact procedure and requirements are and at what point a new permit could be issued within this area" is probably going to add to what I already see as a "process" when it comes to unwinding what Dave characterizes as "a mess." I think a better method might be for DWQ to do some sort of permit modification that either incorporates the other two previously permitted areas of high density into the original permit or breaks them out while at the some time subtracts out the Wellington Grove project so that the City can have jurisdiction for it. For us, it comes down to what does the developer desire and is he willing to put up with potential "inefficiencies" associated with the DWQ and the City coming to terms over the City taking jurisdiction over the whole area. Gregory K. Meshaw, PE Senior Cavil Engineer City of Jacksonville PO Box 128 Jacksonville, NC 28540 Ph. (910) 938-5249 Fx. (910) 938-5278 From: David Newsom [mailto:c[ystalcoasten bizec.rr.com] Sent: Wednesday, January 04, 2012 11:08 AM To: 'Nelson, Christine' Cc: Greg Meshaw; Pat Donovan -Potts; 'Scott, Georgette' Subject: RE: Carolina Forest Entrance Road SW8 011104 I think Wellington Grove is in a BIG hurry and would probably want to go EXPRESS.... But, I presume that John Pierce, knowing how "tight" he is, would probably want to go regular program. Is that possible? From: Nelson, Christine [mailto:christine.nelson(.@ncdenr.gov] Sent: Wednesday, January 04, 2012 10:50 AM To: David Newsom Cc: 'Greg Meshaw'; 'Pat Donovan -Potts'; Scott, Georgette Subject: RE: Carolina Forest Entrance Road SW8 011104 David, Unless we hear otherwise from Jacksonville, that looks to be correct. If you are ready, go ahead and send everything in so we can get started on it (unless it goes Express — then schedule with Janet). Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third porties unless the content is exempt by statute or other regulation. From: David Newsom [mailto:crvstalcoastenci@bizec.rr.com] Sent: Tuesday, January 03, 2012 1:10 PM To: Nelson, Christine; 'Greg Meshaw'; 'Pat Donovan -Potts'; Scott, Georgette Subject: RE: Carolina Forest Entrance Road SW8 011104 Christine said, "DWQ issued the overall permit for this area, the permitfor Wellington Grove needs to go through DWQ" Seems reasonable and consistent to me ..... If Jacksonville is in agreement, it appears we will need to start the permitting process over again, but with DWQ? Pat/Greg, Are you guys in agreement? If so, I will break the news to my client....He will NOT be happy, but I will take the blame (probably my fault anyway for not realizing Wellington is in the CF Ent. Permit). From: Nelson, Christine fmailto:christine.nelson(a ncdenr,gov] Sent: Tuesday, January 03, 2012 12:31 PM To: David Newsom; Greg Meshaw; Pat Donovan -Potts; Scott, Georgette Subject: RE: Carolina Forest Entrance Road SW8 011104 David, My understanding is that since DWQ issued the overall permit for this area, the permit for Wellington Grove needs to go through DWQ. Although I am not sure what the process or circumstances were, I have heard of instances where the City of Wilmington wanted to take over the enforcement and responsibility of a DWQ permit. If Jacksonville wishes to take over enforcement of these permits and thus be responsible for issuing new permits within this area, Jacksonville will need to get in touch with DWQ to find out what the exact procedure and requirements are and at what point a new permit could be issued within this area. Christine Christine Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: David Newsom [mailto.c stalcoasten bizec.rr.com] Sent: Tuesday, January 03, 2012 9:23 AM To: Nelson, Christine; Greg Meshaw; Pat Donovan -Potts Subject: Carolina Forest Entrance Road SW8 011104 All As I think everyone is aware, we (me, John Pierce, Tim Steward and others) have inadvertently created a real mess here ...... and as perhaps the biggest culprit, I have decided to do my best to straighten it out. In short, according to my records and memory (which is admittedly weak).... • In August of 2002, SW8 011104 (Carolina Forest Entrance Road) was issued, a Low Density permit encompassing 76.9 acres, allowing construction of Carolina Forest Blvd. • In July of 2006, 1 submitted an application for Emmerdale Apt, unaware of the fact that the project lied within the 76.9 acre CF Entrance Road "parent tract". In July of 2006, DWQ issued the permit (SW8 060650) for that project. • In April of 2008, 1 submitted an application for The Arbors at Carolina Forest, again unaware of the fact that a PORTION of that project lied within the 76.9 acre CF Entrance Road parent tract. In May of 2008, DWQ issued the permit (SW8 071216) for that project. • In March of 2009, CPT Engineers submitted an application for The Legacy at Carolina Forest, perhaps also unaware of the fact that a PORTION of that project lied withing the CF Ent. Road parent tract. That permit (SW8 090104) was issued by DWQ on April 3, 2009. • In May of 2010, 1 applied for a MODIFICATION to Arbors permit SW8 071216, that MODIFICATION issued by DWQ on May 21, 2010. • In May of 2010, DWQ bought to my attention that the above projects (Emmerdale & Arbors) would require a MODIFICATION to the original Carolina Forest Entrance Road. In late May, we (Crystal Coast Engineering) submitted an application for that requested MODIFICATION. On June 8, 2010, that application was RETURNED AS INCOMPLETE. • In June of 2010, 1 was advised by my client to HOLD the MODIFICATION request, so that it could also include ANOTHER pending development which was under design at that time (i.e., the TAFT Apartment complex at corner of Western Blvd and Carolina Forest Blvd). • In or about October/November 2010, the Taft Apartment Complex project was placed on TEMPORARY HOLD, pending financing, etc. As a result, we never responded to the MODIFICATION request, awaiting some decision on the Taft project, a decision which never came. • Recently (November of 2011) 1 submitted an application to the City of Jax for Wellington Grove Apartment Complex, again unaware (but perhaps should have been as I had previously worked on the CF Entrance Road "Master Plan") that the project lied within the CF Ent. Road parent tract. That permit is still pending with the City of Jax. In order to resolve this "mess", I have spent my holidays once again attempting to respond to the Application Return of SW8 011104 MOD, preparing and updating a Stormwater Master Plan and BUA spreadsheet for ALL the relevant project (i.e., Emmerdale, Arbors, Legacy, Wellington). I have this package now ready to return to Christine.... and can also cc the City of Jax all information submitted to DWQ. My question now is, how does DWQ and COJ suggest we handle the pending Wellington Grove permit.... specifically, should that permit be issued by the City of Jax (as they have been doing the review to date) or should we submit it to DWQ for permitting (which is probably more "consistent" but will definitely take longer. Nelson, Christine From: Nelson, Christine Sent: Thursday, December 22, 2011 2:39 PM To: pdonovan-potts@ci.jacksonville.nc.us Cc: Scott, Georgette Subject: Carolina Forest Blvd site Attachments: 2002 08 permit 011104.pdf Pat, As I mentioned on the phone, Joanne Steenhuis showed me the site plan for the project, Wellington Grove, which you had questions about. Due to some historical knowledge of this area, I realized that this site is covered by a previously issued State Stormwater permit, SW8 011104 — Carolina Forest Entrance Road. This low density permit was issued for a 76.9 acre tract of land for the development of Carolina Forest Blvd and limited the tract to an impervious coverage of 30%. 1 have attached the permit for your reference. I do not have an electronic copy of this 76.9 acre permit area, but the information for this tract tParcel B, Block 2) is recorded in Map Book 26, Page 79. Since SW8 011104 was issued, I know of two other high density permits that were also issued within this same project area: SW8 060650 — Emmerdale Apartments and SW8 071216 —The Arbors at Carolina Forest. In 2010, the overlapping permit problem was discovered and a modification to SW8 011104 was requested. This modification was to also necessary to address some improvements to Carolina Forest Blvd that had not been approved. Mr. Pierce did submit an application to modify SW8 011104, however it was returned on June 8, 2010 due to it being incomplete. Nothing has been submitted to the Division since then. As you can see, there are outstanding permitting concerns for this 76.9 acre tract that still needs to be addressed with the Division. Has Jacksonville issued other permits within this 76.9 acre site or along Carolina Forest Blvd? Please let me know if you have any questions about this; however, I will be out of the office starting tomorrow, Dec 23 until Jan 3. Hope you have a happy holiday! Christine Christine Nelson Environmental Engineer NC DWQ- Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.