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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 http://property.onslowcountync.gov/ptIDataletsIPrintDatalet.aspx?pin=057491 &gsp=PRO... 3/10/2020 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 http://property.onslowcountyne.govIptIDataletsIPrintDatalet.aspx?pin=057491 &gsp=PRO... 3/10/2020 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 http://property.orislowcountync.gov/pt/DataletsIPrintDatalet.aspx?pin=057491 &gsp=PRO... 3/ 10/2020 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 http://property.onslowcountync.gov/ptIDataletsIPrintDatalet.aspx?pin=057491 &gsp=PRO... 3/10/2020 Onslow County Property Records Site Page 5 of 5 G" I Item Area I GH - 36:GH 121DO http://property.onslowcountync.gov/ptIDataletsIPrintDatalet.aspx?pin=057491 &gsp=PRO... 3/10/2020 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>