HomeMy WebLinkAboutSW8080820_Compliance Evaluation Inspection_20200310ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRIAN WRENN
Acdng,okwor
March 10, 2020
Ronald Saucier, current permittee
165 Vision Drive
Wilmington, NC 28403
and
NORTH CAROLINA
EnybmunwOW Quality
Excel Corridor Properties, LLC, current property owner
ATTN: John Everhart, Manager
4149 Dr. MLK Jr Blvd
New Bern, NC 28562
Subject: Notice of Permit Extension / Notice of File Review Inspection / Request for Transfer
Southeastern Pre -School Center (SPEC) — Burton Industrial Park
State Stormwater Management Permit No. SW8 080820
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 August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division i;
herewith notifying you that the subject permit is now effective from the date of issuance until December
30, 2021, which includes all available extensions.
On March 10, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted a file review inspection of the subject project, located at Northwest
Corridor Boulevard in Onslow County to determine the status of compliance with the State Stormwater
Management Permit Number SW8 080820 issued on September 4, 2008. DEMLR file review and site
inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please
fmd 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 11.10: A review of aerial photos available online found that the site layout and
pond orientation varies from 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.
Permit Condition 111.7: Upon completion of construction, a designer certification is required to be
submitted confirming that the site was constructed in accordance with the approved plans. A
review of the file found that this certification has not been submitted. Once the site is either
restored to match the approved plans or a modification is submitted documenting the as -built
condition, please submit a complete designer certification.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
D EQ� WIkAngton Regional Ofnce 1 127 Car*W Drive Extension I Wilmington. North caroiina 28405
°�"�d°°'® _%r 910.796.-M5
State Stormwater Permit No. SW8 080820
Page 2 of 2
Permit Condition II.10, III.1, and III.9: 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 Corridor 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.
Per ISA 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 requirements 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 :
hM://deg .nc. aov/about/divisions/energy-mineral-land-resources/energy-mineral-land
rules/stormwater- Logram/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.
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 is
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 (9 10)-
796-7215 or via email at christine.hall@ncdenr.gov.
Siin�nceerely, 74k
Christine Hall
Environmental Engineer
Enclosure: Compliance Inspection Report
DES\canh: \\\Stormwater\Permits & Projects\2008\080820 HD\2020 03 CEI deficient 080820
cc: David Newsom, PE; Crystal Coast Engineering
WiRO Stormwater Permit File
Compliance Inspection Report
Permit: SW8080820 Effective:09/04/08 Expiration: 12/30/21
Project: Southeastern Preschool Education Center Burton Industrial Park
Owner: Ronald Saucier
County: Onslow Adress: Burton Industrial Park
Region: Wilmington
City/State/Zip: Jacksonville NC 28541
Contact Person: Ronald Saucier Title: Phone:
Directions to Project:
From intersection of NC24 and NC58 west of Jacksonville, west on NC24 approx. 2.8 miles to NW Corridor Blvd., right on NW
Corridon Blvd. to K.B. Hurst Court, site on left.
Type of Project: State Stormwater HD - Detention Pond
Drain Areas: 1 -
On -Site Representative(s):
Related Permits:
SW8990854 Onslow County - Burton Industrial Park
Inspection Date: 03/10/2020 Entry Time 12:30PM
Primary Inspector: Christine A Hall
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 01:OOPM
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
page 1
Permit: SW8080820 Owner - Project: Ronald Saucier
Inspection Date: 03/10/2020 Inspection Type Compliance Evaluation Reason for Visit: Other
Inspection Summary:
To bring this site into a compliant status:
- 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 complete designer 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.
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ E ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ 0 ❑
Comment: A review of the file found that this designer certification has not been submitted
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 aooroved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ 0
Comment: A review of aerial photos available online found that the site layout and Dond orientation varies from th
approved plans. Any changes to the approved plans requires a modification to be submitted for appro
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 I
Property covered by this permit has changed and is now owned by Excel Corridor Properties LLC Ar
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
Hall, Christine
From: Ann S. Brown <annrsaucier@hotmail.com>
Sent: Wednesday, March 25, 2020 2:58 PM
To: Hall, Christine
Subject: [External] Ronald Saucier
!"inks or open at -- :Send a
I
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, NC. 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
' Onslow County Property Records Site
Pagel of 5
Parcel ID: 057491
Luc: Commercial
EXCEL CORRIDOR PROPERTIES LLC
Parcel
Tax Year
Properly Addess
Unit Desc
Unit #
NBHD
Class
Land Use Code
Living Units
Mapping Acres
CAMA Acres
Location
Fronting
Zoning
Map #
PIN Number
Total Cards
Record Type
Legal
Legal Description
Township
City Code
Jurisdiction
Plat Book-Page/Subd #
Fire District
Owner Details
Map M 330-12.3
Class: Industrial
057491
2020
188 NORTHWEST CORRIDOR BLVD
2145 - HWY 258/HINES FARM RD
Industrial
33 - Commensal
11.03
11.03
0-1-0-1
330-12.3
435701482153
1
R
Tax Year: 2020
NBHD: HWY 258/1-1INES FARM RD
188 NORTHWEST CORRIDOR BLVD
SOUTHEASTERN PRESCHOOL ED CTR PARCEL 1
110 - JACKSONVILLE
00 - UNINCORPORATED ONSLOW
1000 - JACKSONVILLE UNINCORPORATED
56-039
RT - RHODESTOWN
Owner 1
EXCEL CORRIDOR PROPERTIES LLC
Owner 2
Customer ID
406762000
% Ownership
100
Nature of Ownership
Address
PO BOX 12886
NEW BERN, NC 28561
Owner Mailing
Owner 1 EXCEL CORRIDOR PROPERTIES LLC
Owner 2
Mailing Address PO BOX 12886
NEW BERN NC 28561
RubltC Comments
Line # Dept
0 CN
gales
Sale Date Sale Price Grantor
27-DEC-12 1,820,000 SPECTEN INC
28-AUG-08 0 ONSLOW COUNTY
Sale Cetalls
Commerrt
EXCEL CREATIVE EARLY LEARNING
CENTER
Grantee
EXCEL CORRIDOR PROPERTIES
LLC
SPECTENINC
1 of 2
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Onslow County Property Records Site
Page 2 of 5
Deed Date
27-DEC-12
Book
3906
Page
661
LT #
Instrument Type
DEED
Grantor
SPECTEN INC
Grantee
EXCEL CORRIDOR PROPERTIES LLC
Sale Date
27-DEC-12
Sale Type
LAND & BUILDING
Sale Validity
00-Valid Sale
Sale Source
4-STAMPS
Sale Price
1,820,000
Adjustment Amount
Adjusted Price
1,820,000
Adjustment Reason
Note 1
Note 2
Commercial Summary
Card Building #
Year Built Structure Code Grade
1 1
2009 02- C
SCHOOLS/CLASSROOMS
Commercial,
Building Number
1
Year Built
2009
# Units
1
Structure Code
02 - SCHOOLS/CLASSROOMS
Grade
C
Number of Identical Units
1
Improvement Name
Area Under Roof
12,100
Base RCN
1,251,750
Percent Good
93%
Total RCNLD
1,164,130
Market Adj
Percent Complete
%
Cost Value
1,164,130
Notes
Interior/Exterior Details Summary
Card Line Number Section
From Floor To Floor Year Built Area
1 1 1
1 1 12100
Interior/Exterior Details
Line Number
1
Section
1
From Floor
1
To Floor
1
Year Built
Area
12,100
Perimeter
440
Use Type
DAY CARE
Income Use
04
Wall Height
14
Exterior Wall
Brick Veneer
Construction
2-2
% Interior Finish
Partitions
2-NORMAL
Heat
Air
3-HEAT & A/C
Plumbing
2-NORMAL
Light
2-NORMAL
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Onslow County Property Records Site
Page 3 of 5
Physical Condition
A
Functional Utility
A
RENT %
RCN
1,251,750
Other Feature Value
0
Base RCN
1,251,750
% Complete
%
Final Cost Value
1.164,130
Oby Details
Card Line Number
Code
Grade
Area
1 1
13 - CONCRETE
C
1,860
i 2
13 - CONCRETE
C
1,260
1 3
13 - CONCRETE
C
374
1 4
12 - BLACK TOP
D
24,700
1 5
12 BLACK TOP
D
3,150
1 6
12 - BLACK TOP
D
4,320
1 7
04 - SHED
C
192
OBY Details
t of 7
Card
1
Line
1
Code
13 CONCRETE
Grade
C
Width
6
Length
310
Area
1,860
Market Adj
80
Adj Factor
1
RCN LD
5950
Override Rate
Notes
Physical
Functional
# of Units
1
Record Type
R
Permits
Permit # Permit Date Purpose Amount Open/Closed Inspected By Note 1 Note 2 Note 3 Photo on File
BCOM2008-0011122-AUG-08 NEW BLDG 1,500,000
Land Summary
Line Number Land Type Land Code
1 A -Acreage 33-COMMERCIAL
2 A -Acreage 42-COMMERCIAL
—wu
Line Number
1
Land Type
A -Acreage
Land Code
33-COMMERCIAL
Square Feet
152,460
Acres
3.50
Units
Lot Front Footage
Lot Depth
Override Rate
Base Size
0
Base Rate
35000
Influence Code 1
Influence Code 2
Square Feet Aerea
152,460 3.50
328,007 7.53
1 of 2
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Onslow County Property Records Site
Page 4 of 5
Influence Factor
0
Zoning
NBHD Model
2145
Land Value
122,500
Use Value Flag
N
Land Change Reason
Note
Note 2
C
Legal Description
Township
110 - JACKSONVILLE
City Code
00 - UNINCORPORATED ONSLOW
Jurisdiction
1000 - JACKSONVILLE UNINCORPORATED
Property Address
188 NORTHWEST CORRIDOR BLVD
Unit Desc
Unit #
Legal Desc 1
SOUTHEASTERN PRESCHOOL ED CTR PARCEL 1
Legal Desc 2
S/F 330-12 & 322-120 ONSLOW CO
Legal Desc 3
Note 1
Note 2
CHILD SPLIT FROM 036263 & 036248
Fire District
RT
Deeded Acres
11.03
Sq Ft
Plat Book-Page/Subd #
56-039
Subdivision Name
BURTON PARK FOR SPEC
Subd Block
Subd Lot
1
Condo Bldg #
Condo Unit #
Subd Code
Values
Spec Proc Flag
Appraised Land
273,100
Appraised Building
1,137,439
Appraised Total
1,410,539
Cost Land Value
273,100
Cost Building Value
1,219,150
Cost Total Value
1,492,250
Market Value
Income Value
0
GRM Value
0
Total Residential Living Area
Total Commercial Living Area
12,100
Note 1
Note 2
Solid Waste Fee Units
Land Use Value
Land Deferred Value
Final Land Value
273,100
Final OBY Value
55,020
Final Building Value
1,082,419
Senior Exclusion
0
100% Exemption
0
Partial Exemption
0
VET Exclusion
0
Taxable Total 1,410,539
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Onslow County Property Records Site
Page 5 of 5
G"
I Item Area I
GH - 36:GH 121DO
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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
L.egaL Name
Excel Corridor Properties, LLC
Information
Sosld: 1282489
Status: Current -Active
Date Formed: 10/11 /2012
Citizenship: Domestic
AnnuaL Report Due Date: April 15th
CurrentAnnuaL ReQort 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
New Bern NC 28561
Member
John Everhart
P O Box 12886
New Bern NC 28561
Manager
Kimberly (pock
P O Box 12886
New Bern NC 28561
Member
Kimberly (pock
P O Box 12886
New Bern NC 28561
https://www.sosne.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.sosnc.gov/online services/search/Business Registration_Results 3/10/2020
Lewis,Linda -5&; 7 0'FG 72,0
From: Lewis,Linda
Sent: Thursday, August 16, 2018 4:29 PM
To: 'ann@speckids.com'
Subject: RE: [External] Re: SW8 050118 SPEC-Burgaw
Everhart roady a knovyledged that he will submit the rcnewal application as scion as he gets the
ai
transferred w_)e mit.
he SW8 010003 i rmit is not expired. Ti EP tefererc ed °extract date" is the date that tie data w:,)s
e x r,actad i rcm our 1,10"MS database into the pel-m t tracker database. The SW8 0100.08 permit ss ic,� •
dersity and :noes not expire, and does not require renewal, but when the property ownership changes.
;ire permit mast be transferred to the ,,e4 owner.
The SW8 080820 permit is ar, active high density kaet detention pond permit; and is set to expire on
December 30, 2021. This transfer will require a Designer's Certification, since one has not been
suurnitted.
You need to submit tie completed transfer applications, the $505.00 application fee, a ne`v O&M
signed by the new owner (as applicable), and the Certification as applicable.
Lir'ida
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. I 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, I 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 Sauciers 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.lewisj_ncdenr.gov>
Sent: 8/8/18 6:03 PM
To: "annO-speckids.com" <ann()_speckids.com>