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SW8001019_COMPLIANCE_20120806
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. sw_�� ��"� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE 2(>/2411,92-90 _ YYYYMMDD ■ Complete items 1; 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or cn the front it space permits. 1. Article Addressed to: or 1/Z 2 j 2. Article Number (Transfer from service label) PS Form 3811, February 2004 X /O / -a ❑ Agent (.�f(J�.��� Addressee B �Jvednted ame) lea Da e t Delivery D. Is delivery address different from item 1 ? ❑ Yes If YES, enter delivery address below: ❑ No �erti 3. Se ice Type fled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7010110 3Qbo 9947i `3601 Domestic Return Receipt 102595-02-M-1540 : t~ T i � Vt I ; - UNITED STATES P STI F�RVI.QE 1 Fir �56,a '.-AUG �'#k.F� ��,a: USPS � a ....,. P.e i. No. G- his, t • Sender: Please print your name, address, and ZIPf4 in this box • -NC DENR- DIVISION OF WATER QUALITY SURFACE WATER PROTECTION SECTION 127 CARDINAL DRIVE EXTENSION WILMI wom, NC 28405 /Z' z��i 5 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director August 6, 2012 CERTIFIED MAIL #7011 0110 0000 9947 3601 RETURN RECEIPT REQUESTED R. Bertram Williams, III, Manager Third & Grace, LLC 2134 Gloucester Place Wilmington, NC 28403 Subject: NOTICE OF DEFICIENCY, NOD-2012-0037 Office Building at Third and Grace Stormwater Permit No. SW8 001019 New Hanover County Dear Mr. Williams: Dee Freeman Secretary On May 21, 2012, the Division sent you a certified letter regarding the findings of a Compliance Inspection and File Review that was conducted on May 18, 2012 by Wilmington Regional Office personnel for the subject project, located at 300 3rd Street in Wilmington, New Hanover County, North Carolina. The letter was sent to the mailing address provided on your 2001 permit application, but was returned as undeliverable. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 001019, issued to you on January 29, 2001. The project has been found in violation of Stormwater Permit Number SW8 001019, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to certify the stormwaters sy tem. Schedule of Compliance Condition 11.7 states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted -facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 2. Failure to provide notification to the Director for a name change of the permittee. General Permit Condition 111.1 requires the submission of a formal permit transfer request if there is a name change of the permittee. Based on New Hanover County Tax Records, it appears that this property is now owned by Third and Grace, LLC, R. Bertram Williams, 111, Manager. There is no record that the Division was ever notified of your change of name, ownership and resulting new mailing address. We have been trying to reach you since 2010 regarding this permit. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, no later than 30 days past the receipt date of this Notice of Deficiency. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org Natmally An EqualOpporlunily4AffrmativeAclionEmoloyer August 6, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 2. Submit the required Designers Certificate that was requested in a Notice of Violation issued on December 7, 2010, and again on May 21, 2012. Failure to provide the "Plan of Action" within 30 days of receipt of this letter, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties of up to $25,000.00 per day per violation, pursuant to NCGS 143-215.6A. -Please note that on March 29, 2011, the Division sent you a letter which informed you of a change in the expiration date of your permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid'at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is 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 grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 001019 which expired on January 29, 2011, is now in effect until January 29, 2015. Please resubmit the renewal application and fee at least 180 days prior to this date, which would be July 29, 2014. A copy of the Renewal Application can be obtained from the following website: http://portal. ncden r.org/web/wg/ws/su/statesw/forms_docs. If you have any questions concerning this matter, please call Linda Lewis at (910) 796- 7215. Sincerely, Charles Wakild, P.E., Director Division of Water Quality GDS/arl: ' S:1WQS1Stormwater\Permits & Projects120001001019 HD12012 08 NOD 001019 cc: Phil Norris, P.E., Norris & Tunstall Engineers City of Wilmington Public Services Karen Higgins, WSBCU Georgette Scott, Stormwater Supervisor Wilmington Regional Office Stormwater File Page 2 of 4 August 6, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. _6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3.1. _9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 1 T11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ New Hanover County Building Inspections Page 4 of 4 i; August 6, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly / full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date i m r` Er d 10 C3 O rq r9 rq r9 0 SEAL C11212i WE* postage $ C . Le L,) S Certified Fee J 2. S Return Receipt Fee (Endorsement Required) 2: 3 0 Postmark Here C, Restricted Delivery Fee (Endorsement Required) ` Q (� r O Total Postage & Fees/J—� I • . .. .............................. PO�AAm Z, ¢-G/owes- - ce -------------------- -------------•-------------------------- Cf Ste. Zf4kr�m,�q kfjC Z �403 Page 3 of 4 ynu. nuguvi zuoe NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 2S405 0O PO"�` � A45 YEA MIAEV MT"Ls 02 1 R $ 00.61° 0006559826 DEC13 2010 MAILED FROM ZIP CODE 28405 R. Bertram Williams III c/o Wheat First Union 102 S. Secc^`1 Crronr Wilmingt( 1i t h I E.. ..'a _. - D� 1 2--11-1-sy-t 0 RETURN TO SENDER NOT li?!"LTYERADLE AS ApDRMS*;E0 UNA9LE TO F OR'WARD BC:" 129405540627 'A2200-03279-13-47 291401.7 44?S C004 I .1 II I .I .IlJ..,.4 1 m I I 1 11 1/1 Ii/j llilll /,/! , " NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor I Director December 7, 2010 R. Bertram Williams, III c/o Wheat First Union 102 South Second St. Wilmington, NC 28402 Subject: NOTICE OF VIOLATION, NOV-2010-PC-1194 Office Building at Third & Grace Stormwater Permit No. SW8 001019 New Hanover County Dear Mr. Williams: Dee Freeman Secretary On December 1, 2010, Wilmington Regional Office personnel performed a Compliance Inspection and file review of the subject project, located at Third St. in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 001019, issued to you on January 29,2001. The project has been found in violation of Stormwater Permit Number SW8 001019, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to certify- the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before January 5, 2011. 2. Submit the required Designers Certificate. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality,org An Equal Opportunity 1 Afflrmahve Acton Employer NorthCarolina Natura!!'y Dedember 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David Cox at (910) 796- 7215. - Sincerely, Georgette rcoft Stormwater Supervisor Division of Water Quality GDSldwc: S:1WQSISTORMWATERINOTICE1001019.dec10 cc: Phil Norris New Hanover County Building Inspections John Hennessey Georgette Scott Central Files WiRO Page 2 of 4 December 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 Page 1 of 2 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly 1 full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL r Page 3 of 4 December 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4_ The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ New Hanover County Building Inspections Page 4of4 Compliance Inspection Report Permit: SW8001019 Effective: 01/29/01 Expiration: 01/29/11 Owner: R Bertram Williams Project: Office Building Third & Grace Aka. Fir County: New Hanover 300 Block Of N 3rd St Region: Wilmington Wilmington NC 28402 Contact Person: R Bertram Williams Title: Phone: 910-763-1641 Directions to Project: Type of Project: State Stormwater - High Density State Stormwater - Infiltration System Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 12/01/2010 Entry Time: 03:45 PM Exit Time: 04:15 PM Primary Inspector: David W Cox Phone: 910-796-7215 Secondary Inspector(s): . Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: M State Stormwater (See attachment summary) Page: 1 Permit: SW8001019 Owner - Project: R Bertram Williams Inspection Date: 1710112010 Inspection Type: Transfer Renewal Inspection Summary: In order to bring this permit into compliance, you must perform the following: 1. Submit the Required Engineer's Certificate. Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: This office has not received a Copy of the Engineer's Certificate. Reason for Visit: Routine Page: 2 U.S. Postal Iviee T. ,CER ITII_,kQ[D MAI Mj RE- E-1PTI (Uomeslic Mai! QnlZNo Insurance Entrer8ge Provided) 'E For deliv—eMin'formation visii our weRite,at,www.usps.comfi O i m JJJ /U� coy POGte{je D" i r C 0 J Certified Fee �5 P m 0 i Return Receipt Fee /7 �ii 1-3{Endorsement Required) !/ X � Restricted Delivery Fee 0 Q (Endorsement Required) U- M Total Postage & Fees © t To © - rl�1rZ?_11 . �lrl�lll,!l. E3 Apt. Na.; or... Box No. --- ---- - Certified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Maim or Priority Mail& ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtaln Return Receipt service, please complete and attach a aetum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece"Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized a ent. Advise the clerk or mark the mailpiece with the endorsement Restricted -Delivery`. • if a postmark on the Certified Mail receipt is desired, please present the arti- ete at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Farm 3806, August 2006 (Reverse) PSN 7530-024300.9047 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director May 21, 2012 CERTIFIED MAIL # 7010 0290 0003 0834 5657 RETURN RECEIPT REQUESTED R. Bertram Williams, III, Owner C/o Wheat First Union 102 South 2"d Street Wilmington, NC 28402 Subject: NOTICE OF DEFICIENCY, NOD-2012-0037 Office Building at Third and Grace Stormwater Permit No. SW8 001019 New Hanover County Dear Mr. Williams: Dee Freeman Secretary On May 18, 2012, Wilmington Regional Office personnel performed a Compliance Inspection and file review of the subject project, located at 3rd Street in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 001019, issued to you on January 29, 2001. The project has been found in violation of Stormwater Permit Number SW8 001019, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1, Failure to rertify the stormwater sysfem. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct this violation and a time frame for completion of those actions, on or before 30 days of receipt of this Notice of Deficiency. 2. Submit the required Designers Certificate that was requested in a Notice of Violation issued on December 7, 2010. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance; 1-877-623-6748 NorthCarolina Internet: vmw.nmaterquaIIty.arg An Equal Opportunity 4 Affirmative Action Employer l " May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Failure to provide the "Plan of Action" upon 30 days of receipt of this letter, or to correct the violations by the date designated in the "Plan of Action", is considered a violation of 15A NCAC 2H.1000, and may result in the initiation of enforcement action.which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. If you have any questions concerning this matter, please call David Cox at 910 796- 7215. Sincerely, for harles Wald, P.E., Director Division of Water Quality GDSldwc: S:IWQS1Stormwater\Permits & Projects120011001019MD12012 05 NOD 001019 CC' Phil Norris Karren Higgins David Cox Georgette Scott WiRO Page 2 of 4 May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically I weekly I full time) the construction of the project, (Project) for _ (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. $. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. M. NCDENR-DWQ New Hanover County Building Inspections Page 4 of 4 Permit: SW8001019 County: New Hanover Region: Wilmington Compliance Inspection Report Effective: 01/29/01 Expiration: 01/29/15 Owner: R Bertram Williams Project: Office Building Third & Grace Aka. Fir 300 Block Of N 3rd St Contact Person: R Bertram Williams Title: Directions to Project: Type of Project: State Stormwater - HD - Infiltration Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 05/18/2012 Entry Time: 10:45 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: Cl Compliant ■ Not Compliant Question Areas: E State Stormwater (See attachment summary) Wilmington NC 28402 Phone: 910-763-1641 Exit Time: 11:15 AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8001019 Owner- Project: R Bertram Williams Inspection Date: 06/18/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: This Designer's Certificate has been requested 2 times in the past in order to avoid civil penalty assesment you must provide it by the date requested in the cover letter. Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: This Designer's Certificate was requested on December 7, 2010 and never submitted. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? is the SUA (as permitted) graded such that the runoff drains to the system? Comment: Yes No NA NE ■ ❑ ❑ 0 ❑ E 0 ❑ ■❑❑❑ ®❑ ❑ ❑ a D 0 0 ■000 ■ ❑ ❑ ❑ Page: 2 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director May 21, 2012 CERTIFIED MAIL # 7010 0290 0003 0834 5657 RETURN RECEIPT REQUESTED R. Bertram Williams, III, Owner C/o Wheat First Union 102 South 2nd Street Wilmington, NC 28402 Subject: NOTICE OF DEFICIENCY, NOD-2012-0037 Office Building at Third and Grace Stormwater Permit No. SW8 001019 New Hanover County Dear Mr. Williams: Dee Freeman Secretary On May 18, 2012, Wilmington Regional Office personnel performed a Compliance Inspection and file review of the subject project, located at 3rd Street in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 001019, issued to you on January 29, 2001. The project has been found in violation of Stormwater Permit Number SW8 001019, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to certi the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct this violation and a time frame for completion of those actions, on or before 30 days of receipt of this Notice of Deficiency. 2. Submit the required Designers Certificate that was requested in a Notice of Violation issued on December 7, 2010. Wilmington Regional Office 127 Carftai Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: www ricwaterquality,org '� atu yra lff An Equal Opportunity 1 Affirmative Action Employer Y L " May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Failure to provide the "Plan of Action" upon 30 days of receipt of this letter, or to correct the violations by the date designated in the "Plan of Action", is considered a violation of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. If you have any questions concerning this matter, please call David Cox at 910 796- 7215. Sincerely, S4-]L( f , Charles Wa ild P.E., Director Division of Water Quality GDSldwc: S:IWQS1Stormwater\Permits & Projects120011001019HD12012 05 NOD 001019 cc: Phil Norris Karren Higgins David Cox Georgette Scott WiRO Page 2 of 4 May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly 1 full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. . Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 May 21, 2012 Office Building at Third and Grace Stormwater Permit No. SW8 001019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. CC' NCDENR-DWQ New Hanover County Building Inspections Page 4 of 4 Compliance Inspection Report L Permit: SW8001019 Effective: 01/29/01 Expiration: 01/29/15 Owner: R Bertram Williams County: New Hanover Region: Wilmington Contact Person: R Bertram Williams Directions to Project: Type of Project: State Stormwater - HD - Infiltration Drain Areas: On -Site Representative(s): Related Permits: Title: Inspection Date: 05/18/2012 Entry Time: 10:45 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: © State Stormwater (See attachment summary) Project: Office Building Third & Grace Aka. Fir 300 Block Of N 3rd St Wilmington NC 28402 Phone: 910-763-1641 Exit Time: 11:15 AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8001019 Owner - Project: R Bertram Williams • Inspection Date: 05/18/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary - This Designer's Certificate has been requested 2 times in the past in order to avoid civil penalty assesment you must provide it by the date requested in the cover letter. File Review Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ■ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: This Designer's Certificate was requested on December 7, 2010 and never submitted. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: Page: 2 Compliance Inspection Report Permit: SW8001019 Effective: 01/29/01 Expiration: 01/29/15 Owner: R Bertram Williams County: New Hanover Region: Wilmington Contact Person: R Bertram Williams Directions to Project: Type of Project: State Stormwater - HD - Infiltration Drain Areas: On -Site Representative(s): Related Permits: Title: Inspection Date: 05/18/2012 EntryTime: 10:45 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Project: Office Building Third & Grace Aka. Fir 300 Black Of N 3rd 5t Wilmington NC 28402 Phone: 910-763-1641 Exit Time: 11:15 AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 0 Permit: SW8001019 Owner - Project: R Bertram Williams Inspection fate: 05/18/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: This Designer's Certificate has been requested 2 times in the past in order to avoid civil penalty assesment you must provide it by the date requested in the cover letter. File Review Yes No NA NE Is the permit active? Cl ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ®❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: This Designer's Certificate was requested on December 7, 2010 and never submitted. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? E ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? v ❑ ❑ ❑ Comment: Page: 2 Affl, ans�;�. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 7, 2010 R. Bertram Williams, III c/o Wheat First Union 102 South Second St. Wilmington, NC 28402 Subject: NOTICE OF VIOLATION, NOV-2010-PC-1194 Office Building at Third & Grace Stormwater Permit No. SW8 001019 New Hanover County Dear Mr. Williams: Dee Freeman Secretary On December 1, 2010, Wilmington Regional Office personnel performed a Compliance Inspection and file review of the subject project, located at Third St.' in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 001019, issued to you on January 29, 2001. The project has been found in violation of Stormwater Permit Number SW8 001019, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to certify the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans'and specifications must be noted on the Certification. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before January 5, 2011. 2. Submit the required Designers Certificate. :".rilmngtca Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone. 910.796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Internet: www.ncwaterquaiity.org NorthCarolina Aahimily An Equal Opportunity 1 Alfinnalive Action Employer December 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David Cox at (910) 796- 7215. - Sincerely, Georgette cott Stormwater Supervisor Division of Water Quality GDSldwc: S:IWQSISTORMWATERINOTICE1001019.dec10 cc: Phil Norris New Hanover County Building Inspections ,John Hennessey Georgette Scott Central Files WiRO Page 2 of 4 December 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 Page 1 of 2 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly 1 full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 December 07, 2010 Office Building @ Third and Grace Stormwater Permit No. SW8 001019 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to.the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. .5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- ---- __ circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimension's of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ New Hanover County Building Inspections Page 4 of 4 Compliance Inspection Report Permit: SW8001019 Effective: 01/29/01 Expiration: 01/29/11 Owner: R Bertram Williams Project: Office Building Third & Grace Aka. Fir County: New Hanover 300 Block Of N 3rd St Region: Wilmington Contact Person: R Bertram Williams Title: Directions to Project: Type of Project: State Stormwater - High Density Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 12/0112010 Entry Time: 03:45 PM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) n Wilmington NC 28402 Phone: 910-763-1641 State Stormwater - Infiltration System Exit Time: 04:15 PM Phone: 910-796-7215 Inspection Type: Transfer Renewal Page: 1 Permit: SW8001019 Owner - Protect: R Bertram Williams Inspection Date: 12/0112010 Inspection Type: Transfer Renewal Reason for Visit: Routine Inspection Summary: In order to bring this permit into compliance, you must perform the following: 1. Submit the Required Engineer's Certificate. File Review Yes No NA NE Is the permit active? - ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ■ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑ Comment: This office has not received a Copy of the Engineer's Certificate. Page: 2