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HomeMy WebLinkAboutSW8010908_Compliance Evaluation Inspection_20210126STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: � �1�/ c' .ic, � REVIEW TIlVIE / DATE: 1 0� { , 000 _0. �4 NAME: I*" -mow r EMAIL: REPRESENTING: 6o_I% PHONE: �1 O� 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:OOpm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and stuff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3: CAkA Ma%r Permits are issued out of the Morehead Cite Distiict Office The COMPLETE filers in th& Wrehead OfF e,aiid may con tam-addiiional informatwn�and/or camments which<may not.be mthe WIRO fife: 4. 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. 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. Necessary large plan copies can be scheduled with Cameron.Weaver(cDncdenr.aov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options Written gttestinns map be left w(th 'this completed form and a;staff ember wfif be in cotaet w►thyouu IF;ybu provide your contact mformahon where �ndica.ted above: 7. 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 5w8 otog D� 4. , ! �o � Signature and Name of Firm/Business Date /YY Time In Time Out COPIES MADE PAID INVOICE GJADM/Shared/File Review Access Form rev 2018 Hall, Christine From: Ann S. Brown <annrsaucier@hotmail.com> Sent: Wednesday, March 25, 2020 2:58 PM To: Hall, Christine Subject: [External] Ronald Saucier — t to Christine, Per our conversation, I'm writing to let you know that I received two letters in the mail addressed to Ronald E. Saucier regarding stormwater ponds at Burton Industrial Park and Huff Drive in Jacksonville, INC. My father passed away in January 2019 and is not able to assist in transfer of these titles. Unfortunately he was the sole owner on both of the properties. Thank you, Ann Brown I ROY COOPER NCHAEL S. REGAN Secretary BRIAN WRENN Acting Diruavr Marc 10, 2020 Ronald Saucier, current permittee 165 Vision Drive Wilmington, NC 2.8403 and Excel Huff Properties, LLC ATTN: John Everhart, Manager 4149 Dr. MILK Jr Blvd New Bem, NC 28562 NORTH CAROLINA EmkomuriftdQuaffly Subject: Notice of File Review Inspection / Request for Transfer SPEC Daycare Jacksonville State Stormwater Management Permit No. SW8 010908 Onslow County Dear Mr. Saucier and Mr. Everhart: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for compliance with the permit. On March 10, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected the subject project, located at Huff Drive, Jacksonville in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 010908 issued on January 7, 2002. 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: Permit Condition 11.2 and 11.8: A review of aerial photos available online found that additional site improvements were made and no longer matches the approved plans. Any changes to the approved plans requires a modification to be submitted for approval prior to construction. Please either restore the site to match the approved plans or submit a modification for approval to document as -built condition and demonstrate that the requirements have been met. 2. Permit Condition 11.13: Within 30 days of completing the project, the permittee was to certify that the project was constructed in accordance with the approved plans. A copy of this certification could not be found in the file. Once the site is either restored to match the approved plans or a modification is submitted documenting the as -built condition, please submit a copy of a recent certification. Permit Condition 118, 111.5, and HU: A review of the records available on the Onslow County GoMaps website found that the ownership of the property covered by this permit has changed and is now owned by Excel Huff Properties, LLC. An email was sent on August 18, 2018 requesting the transfer process be initiated. At this time, a request to transfer the permit has not been received. North -Carolina Departmerrt of Environmental Qua* I Division of Energy. Mineral and Land Resources e-��DJE Wnj� Wilmington Regional Office 1 127 Cardinal Drive Extension 11Mlmington. North Caralfna.284GS +rren�sweiwwesoo/y� /� 9lt).796.7215 State Stormwater Permit No. SW8 010908 Page 2 of 2 Per 15A NCAC 02H.1045 and G.S. 143-214.7, there are three options (listed below) that are available for transferring a state stormwater permit to the new owner. The options selected may be applicable to the transfer of the subject permit: ® a. Upon the request of the current and proposed permittee, where both the current and proposed permittee sign the transfer application. ❑ b. Upon the request of the current permittee to the HOA or POA, where only the current permittee signs the transfer application. Specific submittal rrequirements are listed in G.S.143-214.7(c2). ® c. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in G.S.143-214.7(c5). The transfer application form is available on our website at: hops://deg. ne. goy/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater- ro rg am/post-construction and explains the submittal requirements for each type of transfer that is available. Please either apply to transfer the permit once these compliance issues are resolved or apply for the transfer and submit a plan of action detailing a timeline for resolving these compliance items. Permit Condition II.4 and 115: Prior to the sale of this project, deed restrictions were required to be recorded and submitted within 30 days of the sale. A copy of those deed restrictions could not be found in the file. Please provide a copy of the recorded deed restrictions. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by April 10, 2020, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules i subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at christine.hall@ncdenr.gov. Sincerely, Christine Hall Environmental Engineer Enclosure: Compliance Inspection Report DES\cash: \\\Stormwater\Permits & Projects\2001\010908 LD\2020 03 CEI deficient 010908 cc: WiRO Stormwater Permit File Compliance Inspection Report Permit: SW8010908 Effective:01107/02 Expiration: Project: S.P.E.C. Daycare Owner: Ronald Saucier County: Onslow Adress: Huff Dr Region: Wilmington City/State/Zip: Jacksonville NC 28541 Contact Person: Ronald Saucier Title: Directions to Project: Approximately 419' East of Intersection of Western Blvd.and & Huff Drive Type of Project: State Stormwater - Low Density Drain Areas: 1 - (Scales Creek) (03-05-02) (SC;HQW,NSW) On -Site Representative(s): Related Permits: Inspection Date: 03/10/2020 Entry Time 01:30PM Primary Inspector: Christine A Hall Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: M State Stormwater (See attachment sufvamM) Phone: Exit Time: 02.:OOPM Phone:910-796-7215 Inspection Type: Compliance Evaluation page 1 Permit: SW8010908 Inspection Date: 03/10/2020 Inspection Summary: Owner - Project: Ronald Saucier Inspection Type Compliance Evaluation Reason for Visit: Other To bring this site into compliance: - Please either restore the site to match the approved plans or submit a modification for approval to document as -built condition and demonstrate that the requirements have been met. - Once the site is either restored to match the approved plans or a modification is submitted documenting the as -built condition, please submit a copy of a recent certification. - Please either apply to transfer the permit once these compliance issues are resolved or apply for the transfer and submit a plan of action detailing a timeline for resolving these compliance items. - Please provide a copy of the recorded deed restrictions. File Review Yes No NA NE Is the permit active? 0❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ N ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑ Comment: Within 30 days of completing the project, the permittee was to certify that the project was constructed in accordance with the approved plans. A copy of this certification could not be found in the file Prior to the sale of this project, deed restrictions were required to be recorded and submitted within 30 days of the sale. A copy of those deed restrictions could not be found in the file Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ 0 Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: A review of aerial photos available online found that additional site improvements were made and no longer matches the approved plans Any changes to the approved plans requires a modification to be submitted for approval prior to construction. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ ❑ ❑ ❑ Comment: A review of the records available on the Onslow County GoMaps website found that the ownership of t property covered by this permit has changed and is now owned by Excel Huff Properties LLC An email was sent on August 18, 2018 requesting the transfer process be initiated At this time a request to transfer the permit has not been received. page 2 North Carolina Secretary of State Search Results Page 1 of 2 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Excel Huff Properties, LLC Information Sosld: 1282480 Status: Current -Active Date Formed: 10/11/2012 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: (pock, Kim Addresses Mailing 4149 Dr M L King Jr Blvd New Bern, NC 28562 Reg Mailing 4149 Dr M L King Jr Blvd New Bern, NC 28562 Company Officials Principal Office 4149 Dr M L King Jr Blvd New Bern, NC 28562 Reg Office 4149 Dr M L King Jr Blvd New Bern, NC 28562 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager John Everhart P O Box 12886 Member John Everhart P O Box 12886 New Bern NC 28561 New Bern NC 28561 Manager Kimberley (pock P O Box 12886 New Bern NC 28561 Member Kimberley (pock P O Box 12886 New Bern NC 28561 https://www.sosnc.gov/online services/search/Business Registration Results 3/10/2020 North Carolina Secretary of State Search Results Page 2 of 2 Manager Member Wendy Stallings Wendy Stallings P O Box 12886 P O Box 12886 New Bern NC 28561 New Bern NC 28561 https://www.sosne.gov/online_services/search/Bu.siness Registration_Results 3/10/2020 'Onslow County Property Records Site Page 1 of 5 Parcel ID: 062356 Map #: 346-14 Tax Year. 2020 Luc: Commercial Class: Commercial NBHD: BLUFF RIDGE APTS./DOCTORS DRIVE EXCEL HUFF PROPERTIES LLC 160 HUFF DR Parcel 062356 Tax Year 2020 Property Addess 160 HUFF DR Unit Desc Unit # NBHD 2585 - BLUFF RIDGE APTS./DOCTORS DRIVE Class Commercial Land Use Code 33 - Commercial Living Units Mapping Acres 2.83 CAMA Acres 2.83 Location Fronting Zoning O+I-O+I Map # 346-14 PIN Number 438719615682 Total Cards 1 Record Type R Legal Legal Description L1 FIRST ASSEMBLY OF GOD Township 110 - JACKSONVILLE City Code 20 - JACKSONVILLE Jurisdiction 1020 - JACKSONVILLE CITY Plat Book-Page/Subd # 30-049 Fire District JX - JACKSONVILLE Owner Details Owner 1 EXCEL HUFF PROPERTIES LLC Owner 2 Customer ID 406766000 % Ownership 100 Nature of Ownership - Address PO BOX 12886 NEW BERN, NC 28561 Owner Mailing Owner 1 EXCEL HUFF PROPERTIES LLC Owner 2 Mailing Address PO BOX 12886 NEW BERN NC 28561 Public Comr^®^- Line # Dept Comment 0 CN EXCEL CREATIVE EARLY LEARNING 1 CONV BP 3/02 600,000 Sales Sale Date Sale Price Grantor Grantee 27-DEC-12 2,430,000 SAUCIER RONALD E EXCEL HUFF PROPERTIES LLC 10-MAY-01 320,000 SAUCIER RONALD E Sale Details I of http://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=062356&gsp=PRO... 3/10/2020 Onslow County Property Records Site Page 2 of 5 Deed Date Book Page LT # Instrument Type Grantor Grantee Sale Date Sale Type Sale Validity Sale Source Sale Price Adjustment Amount Adjusted Price Adjustment Reason Note 1 Note 2 Commercial Summary Card 1 Commercial Building Number Year Built # Units Structure Code Grade Number of Identical Units Improvement Name Area Under Roof Base RCN Percent Good Total RCNLD Market Adj Percent Complete Cost Value Notes 27-DEC-12 3906 702 DEED SAUCIER RONALD E EXCEL HUFF PROPERTIES LLC 27-DEC-12 DO -Valid Sale 4-STAMPS 2,430,000 2,430,000 Building # Year Built Structure Code Grade 1 2002 02 - C SCHOOLS/CLASSROOMS 1 2002 1 02 - SCHOOLS/CLASSROOMS C 1 12,321 1,214,030 84% 1,019,790 1,019,790 Interior,'Exterior Details Summary Card Line Number Section From Floor 1 1 1 1 Interior/Exterior Details Line Number 1 Section 1 From Floor 1 To Floor 1 Year Built Area 11,931 Perimeter 464 Use Type DAY CARE Income Use 04 Wall Height 10 Exterior Wall Brick Veneer Construction 2-2 % Interior Finish 100 Partitions 2-NORMAL Heat 2-NORMAL Air 3-HEAT & A/C Plumbing 2-NORMAL Light 2-NORMAL To Floor Year Built Area 1 11931 http://property.onslowcountync.gov/ptIDataletsIPrintDatalet.aspx?pin=0623 56&gsp=PRO... 3/ 10/2020 'Onslow County Property Records Site Page 3 of 5 Physical Condition Functional Utility RENT % RCN Other Feature Value Base RCN % Complete Final COct Value Summary of All Other Features Summary A A 100 1,214,030 9,360 1,214,030 % 1,019 790 Card Line Number Int/Ext Line Structure Length Width 1 1 1 80 - Porch 390 1 Summary of All Other Features Line # 1 Int/Ext Line 1 Structure 80 - Porch Length 390 Width 1 # of Stops # of Units 1 Value 9,360 Area 390 Oby Cetails Card Line Number Code Grade Area 1 1 12 - BLACK TOP D 14,520 1 2 13 CONCRETE C 420 1 3 13 CONCRETE C 2,280 1 4 04 - SHED C 128 1 9 08 - SHELTER C 256 1 10 08-SHELTER C 256 1 11 08-SHELTER C 256 1 12 08 - SHELTER C 384 1 13 08 - SHELTER B 400 08Y Details Card 1 Line 1 Code 12 - BLACK TOP Grade D Width 242 Length 60 Area 14,520 Market Adj 50 Adj Factor 1 RCN LD 13620 Override Rate Notes Physical A -AVERAGE Functional A -AVERAGE # of Units 1 Record Type R Permits Area Sum 390 Permit # Permit Date Purpose Amount Open/Closed Inspected Note 1 Note 2 Note 3 Photo on By File 19-2172 29-OCT-19 ADDITION 17,000 C GLASS WALL W/DOORS "_and Sur -,:nary http://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=062356&gsp=PRO... 3/ 10/2020 Onslow County Property Records Site Page 4 of 5 Line Number Land Type Land Code Square Feet 1 A -Acreage 33-COMMERCIAL 123,275 Land Line Number 1 Land Type A -Acreage Land Code 33-COMMERCIAL Square Feet 123,275 Acres 2.83 Units Lot Front Footage Lot Depth Override Rate Base Size 0 Base Rate 160000 Influence Code 1 Influence Code 2 Influence [-actor 0 Zoning NBHD Model 2585 Land Value 452,800 Use Value Flag N Land Change Reason Note Note 2 P Legal Description Township 110 - JACKSONVILLE City Code 20 - JACKSONVILLE Jurisdiction 1020 - JACKSONVILLE CITY Property Address 160 HUFF DR Unit Desc Unit # Legal Desc 1 L1 FIRST ASSEMBLY OF GOD Legal Desc 2 572/691 414/048 477/104 Legal Desc 3 Note 1 Note 2 160 HUFF DR Fire District JX Deeded Acres Sq Ft Plat Book-Page/Subd # 30-049 Subdivision Name REV FIRST ASSEMBLY OF GOD TR Subd Block Subd Lot Condo Bldg # Condo Unit # Subd Code Values Spec Proc Flag Appraised Land 452,800 Appraised Building 968,052 Appraised Total 1,420,852 Cost Land Value 452,800 Cost Building Value 1,055,170 Cost Total Value 1,507,970 Market Value Income Value 0 GRM Value 0 Total Residential Living Area Total Commercial Living Area 11,931 Note 1 Note 2 Acres 2.83 http://property. onslowcountync. gov/ptIDataletsIPrintDatalet. aspx?pin=0623 56&gsp=PRO... 3 / 10/2020 ' Onslow County Property Records Site Page 5 of 5 Solid Waste Fee Units Land Use Value Land Deferred Value Final Land Value Final OBY Value Final Building Value Senior Exclusion 100% Exemption Partial Exemption VET Exclusion Taxable Total 452,800 35,380 932,672 0 0 0 0 1,420,852 ST7 GH 1RS 39 36 Td t__ i0 36 Item Area PORCH - 80:PORCH 390 GH - 38:GH 11931 http://property.onslowcountyne.govlptIDataletsIPrintDatalet.aspx?pin=062356&gsp=PRO... 3/ 10/2020 Lewis,Linda 'SW O/O IFO 2? From: Lewis,Linda Sent: Thursday, August 16, 2018 4:29 PM To: 'ann@speckids.com' Subject: RE: [External] Re: SW8 050118 SPEC-Burgaw i+.Is- Bro-tun: Mr. Even :a- alreody ac.k!,owledged that he will submit the renewal application as soon as he gets the transferred per►Y;it. -he Sk/VB 010903 permit is r?ot exp`i6cl. Tile referenced "extract date" is the date tha the da a,,as :­'cacted from our BUS database int_- tote parm i tracker database. The SW8 010008 permit is :(;w klensity and does xpi`e and does not require renewal, but when the property ownership changes, the permit ?ust be transferred to the new owner. The SVV3 080820 permit is an active high density wet detention podia permit, and is set to expire on December 30, 2021. This transfer will require a Designer's Certification, since one has not been SUbmitted. You need to submit the completed transfer applications, the $505.00 application fee, a new O&A signed by the new owner (as applicable); and the Certification as applicable. Linda From: Ann S. Brown [mailto:ann@speckids.com] Sent: Thursday, August 16, 2018 3:33 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Re: SW8 050118 SPEC-Burgaw Linda, I wanted you to know that I received your email. I have been in Colorado since last Tuesday and just got back today to my office. 1 am not sure if Mr. Everhart replied to you but I will try to reach out to him about this as well. I wanted to see if you can help us with one other thing. I found the interactive map and see that possibly a few permits weren't transferred at our sale to Mr. Everhart's company back in 2012 with a couple of locations in Jacksonville. For one located at 160 Huff Drive, Jacksonville, NC, permit number SW8010908, 1 was going to fill out a permit transfer request but on the map it says "extract date 8/12/18". Does that mean it's expired? Do I do anything differently? Also, I was told by Mr. Everhart's attorney that there is one at 188 NW Corridor Blvd, Jacksonville, NC in Ronald Saucier's name SW8080820 but I don't see that on the map at all. Can you confirm if this is an active permit that needs to be transferred as the property was sold in 2012. Thank you for any help you can provide. Sincerely, Ann Brown From: "Lewis,Linda" <linda.lewis(cDncdenr.gov> Sent: 8/8/18 6:03 PM To: "annADspeckids.com" <ann@sPeckids.com>