HomeMy WebLinkAboutSW7070108_HISTORICAL FILE_20200727STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW%(Z7tJ7
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE��7
YYYYMMDD
VVII
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
£nvlronntmW Quaftty
July 27, 2020
NC4 Windsor, LLC
Attention: CT Corporation System, Registered Agent `
160 Mine Lake Ct Ste 200
Raleigh, NC 27615
Subject: Stormwater Permit Renewal
Stormwater Management Permit SV 7070108
Chancellor Health Services Assisted Living
Windsor, NC, Bertie County
Dear Sir:
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SW7070108 for a stormwater treatment system consisting of two
bioretention areas and one infiltration basin serving the Chancellor Health Services
Assisted Living Facility located at 336 S. Rhodes Ave., Windsor, NC expires on January
29, 2021. This is a reminder that permit renewal applications are due 180 days prior to
expiration. We do not have a record of receiving a renewal application.
It was noted on the Bertie County tax maps that this property is now owned by NC4
Windsor, LL. Stormwater permits are not automatically transferred when property is
sold. Please submit a completed permit renewal application and a transfer of ownership
application along with a $505.00 fee. Permit application forms for renewal and transfer
of ownership can be found on our website at:
https //deq nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
rules/stormwater-oroeram/host-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner -to assessment of civil penalties
If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to
discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the
application forms. You can request a copy by e-mailing me at
roger.thorpe(a)ncdenr.pov.
Sincerely,
Roger K. Thorpe '
Environmental Engineer
® Q�
North Carolina Department of Environmental Quaihy I Division of Energy, Mineral and land Resources
Washington Regional Office 1.943 Washington Square Mall I Washington, North Carolina 27889
252946.6481
CA201910602470
LIMITED LIABILITY COMPANY ANN
razor
NAME OF LIMITED LIABILITY COMPANY: NC4 Windsor, LLC
Fictitious Name, if any, used in North Carolina:
SECRETARY OF STATE ID NUMBER: 1272514
REPORT FOR THE CALENDAR YEAR: 2019
SECTION A: REGISTERED AGENT'S INFORMATION
SOSID:1272514
Date Filed: 4/16/2019 11:59:00 PM
Elaine F. Marshall
North Carolina Secretary of State
CA2019 106 02470
STATE OF FORMATION: DE ❑ ❑
1. NAME OF REGISTERED AGENT: CT Corporation System
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
160 Mine Lake Ct Ste 200
FoChInges
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
160 Mine Lake Ct Ste 200
Raleigh, NC 27615 Wake Raleigh, NC 27615 Wake
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Senior Housing Property Holding Company
2. PRINCIPAL OFFICE PHONE NUMBER: (852) 231-8181 8 3. PRINCIPAL OFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
8 Wang Hoi Rd Ste 22F 8 Wang Hoi Rd Ste 22F
Kowloon Bay, XX Kowloon Bay, XX
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: NC3 Windsor, LLC
TITLE: Managing Member
ADDRESS:
8 Wang Hoi Rd Ste 22F
Kowloon Bay. XX
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNIkL REPORT. Section D must be completed in its entirety by a person/business entity.
lk!�j 26th March 2019
DATE
Form must be signed by a Company O I listen a der Section C of This form.
MA Chi Wing Director of NC3 Windsor, LLC
Print or Type Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525. Raleigh, NC 27626-0525
336 5 . P,ti oc--G1 4wc
of wnrF
\Q� 9oG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
1
Y Coleco Sullins, Director
Division of Water Quality
March 26, 2008
Charles E Trefzger
Bertie Health Investors, LLC
P.O. Box 2568
Hickory, NC 28603-2568
SUBJECT:
Dear Mr. Trefzger,
MAR, 312008
4J mV O—JAR®
Acknowledgment of Receipt of Payment
Case No. CV-2007-0007
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Bertie County
This letter is to acknowledge receipt of check # 1766 dated February 22, 2008 from Spinnaker
Development of Hickory, LLC in the amount of $5,341.56 received on February 22, 2008. The balance
of the penalty is $0.00.
]'his payment satisfies in full the civil penalty assessment for case number CV-2007-0007 and upon check
clearance, this enforcement case will be closed.
Payment of this penalty in no way precludes further action by this Division for continuing or
future violations. You are encouraged to contact Al Hodge or Scott Vinson with the DWQ
Washington Regional Office at (252) 946-6481 if you need assistance in achieving compliance at
the site.
If you have any questions please call Shelton Sullivan at (919) 733-5083 ext. 544.
IncerSi
Shelton Sullivan
NPS Assistance & Compliance Oversight Unit
cc: Al Hodge— DWQ Washington Regional Office Supervisor
Scott Vinson — DWQ Washington Regional Office Staff
NPS Assistance & Compliance Oversight Unit — File Copy
DWQ Central Files
N mhCarolina
Xnturall#
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internet: www.ncwaterow I'tv ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/i 0 % Post Consumer Paper
Permit Number `
Program Category
State SW
Permit Type
State Stormwater
Primary Reviewer
scott.vinson
Coastal SWRule
Coastal Stormwater - 1995
Permitted Flow
Facility Name
Chancellor Health Services Assisted Living Facility - Express
Rhodes�Ave
S
Owner
NC 27983
Central Files: APS _ SWP _
9/22/2014
Permit Tracking Slip
Status
Project Type
Active
New Project
Version
Permit Classification
1.00
Individual
Permit Contact Affiliation
Major/Minor Region
Minor Washington
County
Bartle
Facility Contact Affiliation
Owner Name Owner Type
Benie Health Investors LLC Non -Government
Owner Affiliation
Charles E. Trefzger
46 W Third St Nw
Dates/Events Hickory NC 28601
Scheduled
Orig Issue App Received Draft Initialed Issuance Public Notice Issue Effective Expiration
1/292007 1/5/2007 1/29/2007 1/292007 1/29/2021
_Regulated Activities Requested /Received Events
Stale Stormwater - HD - Other Deed restriction requested
State Stormwater - Infiltration System Deed restriction received
Q Additional information requested 1/16/07
n" lC Additional information received 1126/07
Outfall
Waterbody Name Streamindex Number Current Class Subbasin
ti--
C�
13:36 FEB 01, 2009 ID: OFFICE. DENP TEL NO: 252-975-3716 #13273 PAGE: 2/3
Feb-bl Cp3 12.,'33p Hobbs,Upchurch & Associat 910-270-5548 p.l
f`
Hobbs, Upchurch & Associates, P.A. 14878 US I-1%kv 17
ENGINEERING I SURVEYING PLANNING Suite 5
Y.O. Sox 1400
Phone: 910-270-5520 FAX: 910-270-5548 Hampstead, NC 28443
TO: n `I Ji,I�2
l_
FROM: Jeff Thompson
i rhompson(�hobbsupchurch. co rn
Suss: NA e c t -L-,
you Wi Mom, GCS d/� g
DATE:
PAGE(S):
(including, cover)
14 y
13:36 FEB 01, 200e ID: OFFICE, DENR TEL NO: 252-975-3716 *13272 PAGE: 3i3
Feb"'O1 0,0 12-.33p Hobbs,Upchurch & Rssociat 910-270-5548 p.2
MHobbs, Upchurch & Associates, P.A.
Consulting Engineers
14878 US Hwy 17 - Suite 5 . Hampstead, NC 28443
Co e
Mr. John Sherrod J 7"7
Wishon & Carter Builders
1412 W. Main Street
P.O. Box 1719
Yadkinville., NC 27055
RE: Chancellor I Iealth Assisted L ving Site
Windsor, Berrie County
Stormwater Inspection 1-31-08
Dear Mr. Sherrod
At your request, I visited the subject site yesterday to inspect tite site for compliance with the
stormwater pernuc issued by the state. Others present included you, Tim Phelps (Phelps and
White), and Ben Bunch (the owner's representative).
It appeared char great improvements had been made to the site since my Christmas
Eve visit. I expect to be able to certify the site with only a few qualifications. However, ulrimate
acceptance will be determined by the State. Mr. Phelps indicated that represenrarives from the State
had recently visited the site and slid not mention any issues.
If you have questions regarding this notification, or if you require additional information, please feel
free to contact me at (910) 270-5520.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATE.S, P.A.
Jeff Thompson
Project Manager
Cc: Al Hodge, DWQ
Tim Phelps, Phelps & White
Ben Bunch, Owner's Representative
Hampstead, NC a Telephone 910-270-5520 . Fax 910-270-5548 . email: ithompson@hobbsupchurch.com
SOuthem Pines . Nags Head . Charlotte . Beaufort
014:04 FEB 01, 2008 ID: OFFICE. DENP. TEL NO: 252-975-3716 #13275 PAGE: 2/3
P'eb 01 08 12:19p Hobbs,Upchurch & Rssociat 910-270-5548 p.i
Hobbs, Upchurch & Associates, P.A. 14878 US Hwy I7
ENGINEERING I SURVEYING PLANNING Suite S
lqj p.0. Box 1400
Phone: 910-270-5520 FAX: 910-270-5548 Hampstead, NC 28443
A - TO: DATE: J / I I .� ! ��
FROM: Jeff'rhompson PAGE(S): n
l ithompsonGj'hobbsupcliurch.com (including cover)
SUB:
114:04 FEB 01, 2009 ID: OFFICE• DENR TEL NO: 252-975-3716 #13275 PAGE: 3/3
Feb 01 08.;12:,19p Hobbs,Upchurch & Rssociat 910-270-5548 p.2
Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
12- 14878 US Hwy 17 - Suite 5 • Hampstead, NC 28443
December 30, 2007
Mt. J olw Shcrrod
Wishon & Carter Builders
1412 W. Main Street
P.O. Box 1719
Yadkinville, NC 27055
RE: Chancellor Health Assisted Living Site
Windsor, Berrie County
Stormwater Inspection 1-31-C8
Dear IN -It. Sherrod
At vour request, I visited the subject site yesterday to inspect the site for compliance with the
stormwater peruut issued by the state. Others present included you, Tun Phelps (Phelps and
White), and Ben Bunch (the owner's representative).
It appeared that great improvements had been made to the site since my Christmas
Lye visit. I expect to he able to certify the site with only a few qualifications-. However, ultimate
acceptance will be determined by the State. NMI:. Phelps indicated that representatives from the State
had recently visited the site and did not mention any issues.
If you have questions regarding this notification, or if you require additional information, please feet
free to contact me at (910) 270-5520.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATES, P.A.
6 sL
Jeff Thompson
Project Manager
Cc: Al Hodge, DWQ
Tim Phelps, Phelps & White
Ben Bunch, Owner's Representative
Hampstead. NC . Telephone 910-270-5520 • Fax 910-270-5548 • email: jthompson@hobbsupchurch.00m
Southern Pines • Nags Head . Charlotte . Beaufort
a siniip�
O
Skate U]" NOI"th Car.O[111a REPLY'ro: Francis W. Crawley
Environmental Division
1)('1xil"In1clu of .111511CG 9001 Mail service Center
TROY CUOI'I:IR PO 13ON G29 Raleigh, N.C.27699-9001
,rrr(n<r,rc nenunnr 91 716-6 �/
Rmcigh, North C�Iroli io �911t6 6 EIYE®
27G(12
January 23, 2008 JAN 2 4 2008
Bell, Davis & Pitt, Reg. Agent CERTIFIED MAIL Dpp, O—WA R®
Bertie Health Investors, LLC RETURN RECEIPT YV/°1
P.O. Box 21029
Winston-Salem, N. C. 27120-1029
RE: Assessment of Civil Penalties Against Bertie Health investors, LLC
CV 2007-0007
Dear Sir:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing a civil penalty and investigative costs as set forth in the decision document.
According to North Carolina General Statutes §143-215.5 and §150B-45, the companymay seek
judicial review of the Commission's decision in the Superior Court by filing a petition within 30
days of receipt of a written copy of the final agency decision. Otherwise, payment of the civil
penalty assessment and costs must be submitted to the Department of Environment and Natural
Resources within 30 days of receipt of this final agency decision by mailing a check made payable to
the Department of Environment and Natural Resources in an envelope addressed as follows:
Mr. Kevin Bowden
Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[Phone (919) 733-5083, ext. 229]
If the company fails to pay the penalty within 30 days of receipt of the final decision
document or according to a payment schedule, the Department will seek to collect the amount
due through a civil action commenced in Superior Court.
Very truly yours,
a�,-L
is W. Crawley
Special Deputy Attorney General
Commission Counsel
Enclosure
cc: Chmies Trefzger
Lois Thomas
STATE OF NORTH CAROLINA
COUNTY OF BERTIE
IN THE MATTER OF: )
Assessment of Civil Penalties )
Against )
BERTIE HEALTH INVESTORS, LLC )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
CV 2007-0007
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on January 10, 2008, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against Bettie
Health Investors, LLC in the amount of $5,341.56 ($5,000.00 plus $341.56 investigative costs).
Bertie Health Investors, LLC's request for remission was presented to the Committee on Civil
Penalty Remissions for consideration. Bertie Health Investors, LLC did not request oral
argument; therefore, its request for remission was presented to the Committee on Civil Penalty
Remissions based on its written submissions and those of the Division of Water Quality.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Bertie Health
Investors, LLC, that the Findings of Fact support the Conclusions of Law, and that the Director
properly applied the criteria set forth in N.C.G.S. §14313-282.1 in determining the amount of the
civil penalty. The Committee further finds that there are no grounds shown for remission or
reduction of the penally assessed by the Director for violation of 15A NCAC 2H .1003 by
.. :•
-2-
beginning construction before obtaining a required Stonnwater Management Perinit at the site of
the project known as Chancellor Health Services Assisted Living Facility in Berrie County.
Upon duly made motion and vote, the Committee finds that the assessment of the civil
penalty and costs in the amount of $5,341.56 ($5,000.00 civil penalty plus $341.56 investigation
costs) should be upheld.
THEREFORE, 1T IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $5,341.56 against
Bertie Health Investors, LLC is AFFIRMED.
2. That this Final Decision and Order be served upon Bertie Health Investors, LLC
and upon receipt hereof, the amount of $5,341.56 be paid to the Department of Environment and
Natural Resources within thirty days as required by law.
This the day of January, 2008.
J. ickson Phillips, I I, Acting Chai In
Committee on Civil Penalty Remissions
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Bell, Davis & Pitt, Reg. Agent
Bertie Health Investors, LLC
P. O. Box 21029
Winston-Salem, N. C. 27120-1029
Mr. Charles E. Trefzger, Manager
Bertie Health Investors, LLC
46 West Third Street
Hickory, N. C. 28601
Mr. Alton Hodge
DAQ Regional Supervisor
943 Washington Square Mall
Washington, N. C. 27889
This the day of January, 2008.
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
COURIER MAIL
ROY COOPER
Attorney General
'° I'_.? C""_
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
9001 Mail Service Center
Raleigh, N.C. 27699-9001
919/716-6600
A rF9
pG
Charles E. Trefzger, Manager
Bertie Health Investors, LLC
PO Box 2568
Hickory, NC 28603-2568
Michael F. Easley, Governor
North Carolina Department of EnviWilliam
ronment and Natural Resources
Coleco H. Sullins, Director
Division of Ware, Quality
December 19, 2007
CERTIFIED MAIL # 7003 2260 0005 5382 9134
RETURN RECEIPT REQUESTED
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(I)
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Case Number CV-2007-0007
Bertie County
Dear Sir:
A final agency decision on your request for remission of the subject civil penalty will be made by the
Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission
(EMC) on Thursday, January 10, 2008.
X No request for oral presentation was made. You may attend this meeting, but you will not be
Permitted to speak regarding your case.
The EMC Chairman has considered the written record and determined that no oral presentation
will be made. You may attend this meeting, but you will not be permitted to speak regarding
your case.
The EMC Chairman has considered the written record and determined that an oral presentation is
necessary. Please come prepared to present your remission request at this meeting. You will be
allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot
consider any information other than that submitted in the original remission request. Please note
the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of
presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee, then you do not need legal representation before the Committee; however, if you
intend on having another individual speak on your behalf regarding the factual situations, such as an
expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating
the State Bar's Opinion on the unauthorized practice of law.
If you are a Corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's
Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.
Presentation of facts by non -lawyers is permissible.
No hCarolina
North Carolina Division of Water Quality 1617 Mail Service Center ✓ ✓r7i1lCR�IIf
Irate R I i h
me: www ncwal raunln o�9. Location: 512 N. Salisbury St. Raleig9 1617 Phone (919) 733-5083
gh, NC 276 Fax (919) 733-9612 Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/i o % Post Consumer Paper
rr
Bertie Health Investors, LLC
Request for Remission of Civil Penalty
Case No. CV-2007-0007
Page 2 of 2
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with
hearing your case if the Committee is.informed that a violation of the State Bar occurs.
Time and Location of Mectinlz
The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee meeting
will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor
of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed
map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determinedby its agenda of the
day and the amount of discussion given to each topic — meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your
opportunity to listen to consideration of your case in the event that the Committee begins at its appointed
time. If the Commission meeting runs long and you need refreshment or food, Division of Water
Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale
Building or to other local eateries.
If you have any questions concerning this matter, please call Niki Maher of the Wetlands and
Stormwater Branch of the DWQ at (919) 733-5083, extension 226.
Sincerely,
�,,yC�
5" Coleen Sullins
Enclosure
cc: Al Hodge / Scott Vinson—DWQ Washington Regional Office
Kevin Bowden—DWQ Regional Operations
NPS ACO Unit — File Copy
DWQ Central Files
DEC 2 i 711p)
�
A
W 9 Michael F. Easley, Governor
J/�QG William G. Ross Jr., Secretary
V r North Carolina Department of Environment and Natural Resources
T Coleen H. Sullins, Director
Division of Water Quality
September 4, 2007
Charles E. Ti•efzger, Manager
Bertie Health Investors, LLC
PO Box 2568 SEP 0
Hickory, NC 28603-2568 DWQ- ARO
RE: Request for Remission of Civil Penalty
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Bertie County
CV-2007-0007
Dear Sir:
On June 20, 2007, the Division of Water Quality (DWQ) sent you a letter stating that the
Director of the North Carolina DWQ considered the information you submitted in support of
your request for remission and did not find grounds to modify the civil penalty assessment of
$5,341.56. This letter clearly explained that you could have paid the penalty or you could have
the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee) make the final decision on your remission request.
As of September 4, 2007, DWQ records indicate that you have not submitted a payment,
nor have you requested an oral presentation before the Committee. Therefore, your request for
remission with supporting documents, and the recommendation of the Director of DWQ, has
been delivered to the Committee and a decision will be based upon the written record. You will
be notified when your request has been placed on the Committee's agenda.
Should you have any questions, please feel free to contact Shelton Sullivan at (919) 733-
5083 ext. 544.
Sincerely,
Karen HJggJns
NPS Assistance and Compliance Oversight Unit
cc: Al -Hodge/ Scott Vinson—DWQ Washington Regional Office
Jennifer 1. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files
North Carolina Division of Water Quality 1617 Mail service Cemer Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internee www.ncwaterquaiity.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
e
Marolin
rally
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l o% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C�
June 20, 2007
Charles E. Trefzger, Manager
Bertie Health Investors, LLC
PO Box 2568
Hickory, NC 28603-2568
Coleen H. Sullins, Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 2260 0005 5380 5893
Subject: Request for Remission of Civil Penalty
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Bertie County.
CV-2007-0007
Dear Sir:
In accordance with North Carolina General Statute 143-215.6A(f), I, the Director of the North
Carolina Division of Water Quality, considered the information you submitted in support of your
request for remission and did not find grounds to modify the civil penalty assessment of
$5,341.56.
There are two options available to you:
1) You may pay the penalty.
If you decide to pay the penalty at this stage of the remission process, please make your
check payable to the Department of Environment and Natural Resources (DENR). Send the
payment within thirty (30) calendar days of your receipt of this letter to the attention of:
Danny Smith
NC DENR-DWQ — Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1601
2) You may decide to have the Environmental Management Commission's Committee on Civil
Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your
request for remission with supporting documents and the recommendation of the Director of
the North Carolina Division of Water Quality will be delivered to the Committee on Civil
Penalty Remissions for final agency decision.
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
N"o�,Carolin
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled170% Post Consumer Paper
. t .
Berrie Health Investors, LLC
Case No. CV-2007-0007
Berlie County
Page 2 of 2
If you or your representative would like to speak before the Committee, you must complete
and return the attached form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Danny Smith
NC DENR-DWQ — Wetlands and Stormwater Branch RECEIVED
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center uJN 2 b 100/
Raleigh, North Carolina 27699-1617
Dwa-
The Environmental Management Commission (EMC) Chairman will review the supporting r�AITU
documents and your request for an oral presentation (if you make the request). If the
Chairman determines that there is a compelling reason to require a presentation, you will be
notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact Karen
Higgins at (919) 733-5083 ext. 574 or Danny Smith at ext. 353.
Sincerely,
0,0
n/1 '
Coleen H Sullins
CHS/sds
cc: Al Hodge — DWQ Washington Regional Office Supervisor
.Scott Vinson— DWQ Washington Regional Office, .
Jennifer I. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ.Central Files
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Bertie CASE NUMBER CV-2007-0007
IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: )
Bertie Health Investors, LLC )
I hereby request the opportunity to make an oral presentation before the Environmental
Management Commission's Committee On Civil Penalty Remissions in the matter of the case
noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management
Commission and may be either granted or denied.
• Making a presentation will require the presence of myself or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my
original remission request, and because no factual issues are in dispute, my presentation will be
limited to five minutes in length.
This the day of 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE
s-✓
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 24, 2007
Charles E. Trefzger, Manager
Bettie Health Investors, LLC
PO Box 2568
Hickory, NC 28603-2568
Alan W. Klimek, P.E. Director
Division of Water Quality
"Oiil o a too
DVYCA'NiVARO
RE: Request for Remission of Civil Penalty
Bettie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Bettie County
CV-2007-0007
Dear Mr. Trefzger:
The Division of Water Quality has received your request for remission of civil penalty
dated May 18, 2007, with accompanying support information. Your request will be presented
to the Director of the Division of Water Quality and you will be notified of the results: —
Should you have any questions, please feel free to call me at (919) 733-5083 ext. 574.
Sincerely,
KarenHiggins 00NPS Assistance and Compliance Oversight Unit
cc: '\ACHodge-DWQ Washington Regional Office Supervisor _A
Jennifer I. Oakes — Bell, Davis & Pitt, P.O. Box 21029, Winston-Salem, NC 27120-1029
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files
N"rehcarolin
yalt"U1 g
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service
Intemen www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
COUNTY OF BERTIE
IN THE MATTER OF ASSESSMENT
OFCIVIL PENALTIES AGAINST
BERTIE HEALTH INVESTORS, LLC
CHANCELLOR HEALTH SERVICES ASSISTED
LIVING FACILITY
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
)
WAIVER OF RIGHT TO AN
ADMTNSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO, CV-2007-0007
Having been assessed civil penalties totaling$ 5,341.56 for violation(s) asset forth in the
assessment document of the Division of Water Quality dated April 20, 2007, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment, No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the 18 TN day c
Al)lltCL'JJ
94J�GKOR y� i►'C aCB(i�g^.4SGP
TELEPHONE
�d d• 3�� •sS3,f
LJ
MAY 2 1 2007
DENR - WA
WetlandsA lcn
JUSTIFICATION FOR REMISSION REQUEST II°1 L� ll
DWQ Case Number: CV-2007-0007 County: Berne MAY 2 1 2007
Assessed Party: Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facility DENR WATER DUAL
Amount Assessed: $ 5,341.56 wedanaa 3 Stormwal ra
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative flearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
supP9rt your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N,C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors apply. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
X (d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATiON(attach additional pages as necessary):
See attached Exhibit A.
EXHIBIT A
To the best knowledge of Bertie Health Investors, LLC (`Bertie")":
(b)
(d)
1. Upon being notified of the violation, Bertie's contractors immediately
discontinued any further disturbance to the site that would have an
increased impact on the wetlands.
2. Bertie's contractors immediately began work with a design fimi to correct
potential hazards and apply for the proper permits, and Bertie's
contractors eventually received SW7070108.
3. Bertie's contractors constantly monitored daily conditions of temporary
protective means such as silt fence and rip -rap put into place to control
such hazards until proper infrastructures could be applied.
1. Bet -tic has never been assessed any penalties for any previous violations.
#387331
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 20, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 0100 0000 8384 3879
Mr. Charles E. Trefzger, Manager
Bettie Health Investors, LLC
46 West Third Street NW
Hickory, NC 28601
SUBJECT: Assessment of Civil Penalties
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facilities
Bertie County
Case No. CV-2007-0007
Dear Mr. Trefzger.
This letter transmits notice of a civil penalty assessed against Bertie Health Investors, LLC in the amount
of $5,341.56, which includes $341.56 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch —NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NO
North Carolina Division of Water Quality 943 Washington Sq. Mall Phone (252) 946 - 6481
Internet: h2o.enr.stale.nc.us Washington, NC 27889 FAX (252)946-9215
An Equal OpportunitylAffrmative Action Employer - 50% Recycled110% Post Consumer Paper
Page 2
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver form and the attached
"Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPSAssistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
No
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Page 3
mug
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWQ — Wetlands & StormNvater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations that occur after the review period of this
assessment.
If you have any questions, please contact me at (252) 948-3844.
Sincerely,
AI odge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Division of Water Quality
ATTACHMENTS
cc: WARO -Files
DWQ - Wetlands & Stonnwater Branch - NPS Assistance & Compliance Oversight Unit
DWQ - Central Files
Susan Massengale, PIO
Shelton Sullivan, DWQ—Central Office
STATE OF NORTH CAROLINA
COUNTY OF BERTIE.
IN THE MATTER OF:
BERTIE HEALTH INVESTORS, LLC
CHANCELLOR HEALTH SERVICES ASSISTED
LIVING FACILITY
FOR VIOLATIONS OF
15A NCAC 2H .1003
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2007-0007
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Al Hodge, of the Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Bertie Health Investors, LLC is a Corporation organized and existing under
the laws of the State of North Carolina, which owns and has developed a site
known as Chancellor Health Services Assisted Living Facility.
B. On January 5, 2007, DWQ Washington Regional Office received a
stormwater permit application for the Chancellor Health Services Assisted
Living Facility from Bertie Health Investors, LLC.
C. On January 16, 2007, DWQ staff from the Washington Regional Office
inspected the Chancellor Health Services Assisted Living Facility site and
observed that construction of the building had started. The building resulted
in an increase in impervious surface at this site or otherwise decreased the
infiltration of precipitation into the soils.
D. For development activities located within the 20 coastal counties, a State
Stormwater Management Permit is required by NCGS 143-215.1 and 15A
NCAC 2H .1003 for development activities that require a Coastal Area
Management Act Major Permit or an Erosion & Sedimentation Control Plan.
E. Bertie County is a Coastal County as defined by 15A NCAC 2H .1002(4).
F. The land disturbances associated with the Chancellor Health Services Assisted
Living Facility site required an Erosion & Sedimentation Control Plan.
G. The Division of Land Resources received an Erosion & Sedimentation
Control Plan for the site on April 18, 2006. The plan was approved on April
26, 2006.
Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facility
Bertie County
Case No. CV-2007-0007
Page 2 of 3
H. Bertie Health Investors, LLC failed to obtain a State Stormwater permit prior
to construction of impervious surfaces.
I. The cost to the State of the enforcement procedures. in this matter totaled
$ 341.56
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Bertie Health Investors, LLC is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. Bertie County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. Bertie Health Investors, LLC is engaging in development activity at this site,
which requires an approved Erosion & Sedimentation Control Plan.
D. Bertie Health Investors, LLC violated 15A NCAC 2H .1003 by failing to
secure a Stormwater Management Permit prior to development of the project
known as the Chancellor Health Services Assisted Living Facility site.
E. Bertie Health Investors, LLC may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may
be assessed against a person who is required but fails to apply for or to secure
a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this
Part.
F. Bertie Health Investors, LLC may be assessed civil penalties pursuant to G.S.
143-215.6A (a)(6) which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) dollars per violation may be
assessed against a person who violates a rule of the Commission
implementing this part, Part 2A of this Article, or G.S. 143-355(k).
G. The State's enforcement cost in this matter may be assessed against Bertie
Health Investors, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 14313-
282(b)(8).
H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.
Berrie Health Investors, LLC
Chancellor Health Services Assisted Living Facility
Bertie County
Case No. CV-2007-0007
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly Bertie Health Investors, LLC is assessed a civil penalty of:
$ 5,000.00 for violating 15A NCAC 2H .1003 by failing to
obtain a stormwater management permit from the
Division of Water Quality for the development of
the Chancellor Health Services Assisted Living
Facility.
$ 5,000.00 TOTAL CIVIL PENALTY, authorized by G.S.
143-215.6A.
$ 341.56 Enforcement costs.
$ 5,341.56 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered
the factors set out in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures
A
ate
Al Hodge
Division of Water Quality
JUSTIFICATION FOR REMISSION REQUEST .
DWQ Case Number: CV-2007-0007 County: Bertie
Assessed Party: Bertie Health Investors, LLC
Chancellor Health Services Assisted Living Facility
Amount Assessed: $5,341.56
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors apply. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION(attach additional pages as necessary):
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BERTIE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST ) WAIVER OF RIGHT TO AN
BERTIE HEALTH INVESTORS, LLC ) ADMINSTRATIVE HEARING AND
CHANCELLOR HEALTH SERVICES ASSISTED ) STIPULATION OF FACTS
LIVING FACILITY )
FILE NO. CV-2007-0007
Having been assessed civil penalties totaling 5.341.56 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 20, 2007, the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
SIGNATURE
ADDRESS
TELEPHONE
20
Spinnaker Development of Hickory, LLC
PO Box 2568
.1978 Eighth Avenue NW
Hickory, NC 28601 .
Phone (828) 994-0348 Fax (828) 322-3897
February 5, 2007
Mr. A] Hodge, Regional Supervisor; Surface Water Protection
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Bertie Health Investors, LLC
Sixty Bed Adult Care Home-
Stormwater Project No. SW7070108
Dear Mr. Hodge,
This letter is to present an explanation for a violation of which we received notification on
January 26, 2007.
Our client, Bertie Health Investors, was granted a Certificate of Need (CON) to develop a 60 bed
Adult Care Home in Chowan County.
This CON was granted under a moratorium which required that the foundation for the facility be
complete by May 100, 2006. This milestone. was challenging, but was met thanks to the
cooperation of the Bertie-Windsor Planning & Inspections Department. We now are facing
another challenging milestone; that a Certificate of Occupancy from the local building inspector
be issued by May I e, 2007.
In order to achieve these challenging milestones, we worked closely with Berrie -Windsor
Planning & Inspections Department to implement phased submittal and approval requirements.
As part of this phased submittal and approval process, an erosion control permit # Berti-2006-
010 was obtained from NCDENR in April, 2006. At that time we had not anticipated that
wetlands delineation would be a requirement of our stormwater permit application. However,
comments by Scott Vinson of your office indicated that wetlands delineation would be required.
As the result of subsequent delineation, our design had to be changed to eliminate wetlands
impacts. Revisions have been made to the plans, submitted for review and permitted as
SW7070108.
Our client, Bertie Health Investors, is part of a group of experienced operators of Adult Care
Homes. Bettie Health Investors is developing a facility which will be modem, attractive and
provide a high quality of life to the senior citizens of Bertie County. Additionally, this facility
will provide 30+/- full-time jobs once the facility is in operation starting in the summer of 2007.
Bettie Health Investors nor its team of designer; and constructors did not intend to build this
project without a stormwater permit, however the timeline imposed by NC DFS required a
phased submittal and approval process with physical completion milestones that were not
negotiable. In an attempt to remain in compliance to the extent possible with respect to our
NCDENR responsibilities, sitework activities have been limited to implementing and
maintaining prescribed erosion control measures, but no permanent drainage features have been
constructed. With the recent approval of the stormwater permit on this project, we will work
quickly to implement the approved measures in order to get this project back in compliance
On behalf of our client, thank you for your careful consideration of this explanation. I look
forward to hearing from you and welcome all questions and comments.
Si ly,
Chuck White
Spinnaker Development of Hickory, LLC
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IFwd: Possibly Spam: Berke Health Investors # SW70701081
Subject: [Fwd: Possibly spam: Bettie Health Investors # SW7070108]
From: Al Hodge <A1.Hodge@ncmail.net>
Date: Wed, 28 Feb 2007 08.31:27 -0500
To: Scott Vinson <scott.vinson@ncmail.net>
fyi
Al Hodge
Division of Water Quality
Surface Water Protection
Washington Regional Office
Regional Office 252-946-6481
Direct 252-948-3844
fax- 252-946-9215
Subject: Possibly spam: Bertie Health Investors # SW7070108
From: "Chuck White" <cwhite@spinnakerdevelopment.biz> -
Date: Tue, 6 Feb 2007 12:18:43 -0500
To: <At Hodge@ncmail. net>
CC: "'Jeff Thompson"' <JThompson@hobbsupchurch.com>, <MattDunn@WishonCarter.com>
Mr. Hodge,
The attached file contains a letter of explanation as you requested in your recent Notice of Violation.
I hope the attached letter provides the information that you require.
If you have additional questions, please contact me as necessary.
Sincerely,
Chuck White
Spinnaker Development of Hickory, LLC
Chuck White
cwhite@ spinnakerdevelopment.biz
PO Box 2568
1978 8th Avenue NW
Hickory, NC 28603
tel: 828-994-0348 1
fax: 828-322-3897
mobile: 828-851-9973 [1q
Add me to your address book... Want a signature like this?
- 'Content -Type: message/rfc822
Possibly Spam: Bertie Health Investors # SW7070108 ,
I Content -Encoding: 7bit
bertie DWQ letter.pdf,
Content -Type: application/pdf
Content -Encoding: base64
1 of 1 4/5/2007 12:09 PIv
NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Ilertie Health Investors, LLC
County: Berrie County Case Number: CV-2007-0007
Permit Number: SW7070108 (Chancellor Health Services Assisted Living Facilities)
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Inadequately treated stonnwater can potentially add pollution to the waters of the State.
2) The duration and gravity of the violation;
Unknown when construction began.
3) The effect on ground or surface water quantity or quality or on air quality;
Potential to introduce pollutants to waters of the state.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Cost of delayed construction.
6) Whether the violation was committed willfully or intentionally;
Unknown.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
None.
8) The cost to the State of the enforcement procedures.
$341.56
4 -� - 07 -
Date Al Hodge
Regional Supervisor
Washington Regional Office
REMISSION FACTORS
O Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of
the petitioner;
O Whether the violator promptly abated continuing environmental damage resulting from the violation;
O Whether the violation was inadvertent or a result of an accident;
O Whether the violator had been assessed civil penalties for any previous violations; and
O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Date Alan W. Klimek, P.E.
I VIA
A4441
North Carolina
Michael F. Easley, Govemor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7006 0100 000 8379 3662
October 18, 2006
Mr. Charles E. Trefzger, Manager
Bertie Health Investors, LLC
46 West Third Street NW
Hickory, NC 28601
RE: Return of Express Application
State Storm water Program
Chancellor Health Services, Assisted Living Facility
Bettie County
Dear Mr. Trefzger:
Natural Resources
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
The State Storm Water Express application and fee for the Chancellor Health Services, Assisted
Living Facility has been returned due to the application package being incomplete. The Express
Program is designed to expedite applicable high quality applications through a review process
for permit issuance in a shorter time frame. Scott Vinson, DWQ engineer, and I met on two
separate occasions with your consultant and discussed this project in depth, provided guidance
and explained the express review process and that an incomplete application will be returned and
not accepted into the express review process.
The Express Program has been active in this office for almost 2 years but the information
required in the application packages has not changed. During the cursory review of the
application package, the following were noted as missing and/or incomplete.
➢ Plans are not sealed
➢ Calculations are not sealed
➢ Lack of signatures
➢ Lack of initials on applications
➢ Applications were not notarized
It was noted that this was to arrive later under separate cover. However, all
information needs to come in one package to be considered complete.
➢ Soil report incomplete, need more in-depth of a report
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 / FAX 252-946-3716 / Internet:: h2o.enr.state.mus
An Equal Opportunity/Affirmative Action Employer —50%a Recycled/10% Post Consumer Paper
One
NorthCarolina
Naturally
CM# 7006 0100 000 8379 3662
Mr. Charles E. Trefzger
Bertie Health Investor, LLC
Page 2 of 2
This cursory review is not a full technical review therefore it is recommended to re-evaluate the
content of the application for accuracy and completeness. Note that the legislation allows
additional fees, not to exceed 50% of the original express review permit application fee, to be
charged for subsequent reviews due to the insufficiency of the permit applications.
For your information, be aware that construction of the proposed facilities without a valid permit is
a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may subject
you to appropriate enforcement actions in accordance with North Carolina General Statute 143-
215.6. Civil penalties of up to $10,000 per day per violation may be assessed for failure to secure a
permit required by North Carolina General Statute 143-215.1.
To re -submit this application for express review, please contact me @ 252-948-3842 or via email
lyn.HardisonAncmail.net to re -schedule a submittal date and/or if you have any questions
pertaining to the Express Program.
Sincerely,
Lyn B. Hardison
One-Stop/Express Permitting Coordinator
Washington Regional Office
/enclosures
cc: Bertie County Building Inspections
Jeff Thompson w/ Hobbs & Upchurch
i�Uashington Regional Office
Hobbs, Upchurch & Associates, P.A.
ENGINEERING I SURVEYING I PLANNING
MEMO Phone:910-270-5520 FAX:910-270-5548
TO: SC c}� ' ..'. 5 0
FROM: Jeff Thompson
ithom osonCa�hobbsuochurch.com
SUBJ:
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DATE: l O- I- d 6
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OCT 1
DW,Ce-VVAR0
Re: Bertie Assisted Living Site
Subject: Re: Bertie Assisted Living Site
From: "Jeff Thompson" <Thompson@hobbsupchurch.com>
Date: Wed, 19 Jul 2006 12:57:52 +0000 GMT
To: "Scott Vinson" <scott.Vinson@ncmai1.net>
Found the EC permit
The developer doesn't know for sure when construction will start. They've been
stopped since May 17th. He said they hope to get started by Aug 1, but that the
owner is still finalizing loans.
HUA isn't contracted to do any construction inspection, but I hope to get out there
next week to make sure everything is in order. Ill be back in touch after that.
Otherwise, I'm still planning on the 8th to meet and submit.
"Sent via Blackberry. Please pardon my spelling and punctuation. When aiming for
these little bitty keys, my fingers sometimes land on more than one."
-----Original Message -----
From: Scott Vinson <Scott.Vinson@ncmail.net>
Date: Tue, 18 Jul 2006 10:00:57
To:jthompson@hobbsupchurch.com
Cc:Lyn Hardison <Lyn.Hardison@ncmail.net>
Subject: Re: Bertie Assisted Living Site
Jeff,
The choice of a pre -application meeting is yours. We can meet the day
of submittal
or you can just mail it in a day or so ahead of the submittal acceptance
date.
August 8th will be the earliest I could accept this project into the
Express review program.
Before I can accept it I need to know at what stage of construction is
the Bettie site.
Have they started clearing and grading? Have they started construction
of impervious
area such as roads, building foundations, etc.?
Scott Vinson
Jeff Thompson wrote:
Scott,
I still owe you a stormwater permit for that Bertie County Assisted Living
site that you, Pat, and I looked several months ago. Do we need to meet
again or shall I just send it to you. I'd like to submit it next week if
possible. Let me know how full your plate is.
Jeff
I of 1 7/24/2006 9:25 AM
Bertie Assisted Living
Subject: Bertie Assisted Living
From: "Jeff Thompson" <Thompson@hobbsupchurch.com>
Date: Fri, 21 Jul 2006 15:40:41 -0400
To: "Scott Vinson \(E-mail\)" <scott.Vinson@ncmail.net>
I stopped by yesterday on my way back from Elizabeth City
the footings. Currently work is stopped.
Jeff
They have poured
I of 1 7/24/2006 9:25 AM
,It �F W ATF4 Michael F. Easley, Governor
\O� Q William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
-"I Alan W. Klimek, P.E. Director
O � Division of Water Quality
January 16, 2007
Mr. Charles Trefzger, Manger
Bertie Health Investors,LLC
46 West Third Street NW
Hickory, NC 28601
Subject: Stormwater Review SW7070108
Chancellor Health Services -
Assisted Living Facility
Bertie County
Dear Mr. Trefzger:
This office received a Coastal Stormwater permit application and plans for the subject project
on January 5, 2007. A preliminary review of the project indicates that before a State Stormwater
permit can be issued the following additional information is needed.
1) Please provide a legend on the plans.
2) Please provide three additional drainage basin columns tinder Section 111, no. 6 of the
application to show the Basin Information for each BMP (2 bioretention areas & 1 infiltration
basin) drainage area.
3) Delineate each of the drainage areas on the plans.
4) Please provide energy dissipators for the piped inlets within the 2 bioretention areas if needed.
5) Please refer to section 4.12 of the design BMP manual which states that 2-3 shrubs should be
specified for each tree. The four plantings given for the bioretention areas are all shrubs. There
are no trees specified in the planting specifications. Please revise the planting specifications
per the BMP manual and note that all plantings should be suitable for bioretention cells.
6) The last note under the Approved Plant List for the bioretention areas states that "For pricing
purposes, the contractor shall provide...". Is this note only for pricing or will the contractor
actually be required to plant the stated number of trees and shrubs?
7) Please provide a detail for the bioretention outlet structures.
8) Please provide a benchmark in the infiltration basin for help with maintenance and sediment
accumulation removal.
✓v Caro�{na
vtu
North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service
Intemet h2o.enrstateoc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50%Recycledll0% Post Consumer Paper
9) Infiltration basins are typically designed to have pretreatment and to by-pass rain events larger
than the design storm so that the system does not become overburdened and/or flush pollutants
through the system prior to settling. If these conditions can not be met than justification should
be given to explain what additional measures have been provided and an explanation as to how
the additional measures are equal to or better than the missing required measures.
10) Please remember to revise any forms, plans, narratives, and/or calculations and to seal, sign &
date any revised calculations and/or plans as needed.
11) Please provide the 25% additional information fee associated with the Express Stormwater
Review Program of $1,000.00 by check made payable to "NC DENR".
The above requested information must be received in this office prior to January 24, 2007 or
your application will be returned as incomplete. The return of this project will necessitate resubmittal
of all required items including the application fee. If you need additional time to submit the required
information, please mail or fax your request for a time extension, along with justification, to this office
at the Letterhead address. A maximum of five (5) additional days may be granted.
You should also be aware that the Stormwater Rules require that the permit be issued prior to
any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and
North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
Please reference the Stormwater Project Number above on all correspondence. If you have
questions, please feel free to contact me at (252) 948-3848.
Sincerely,
Scott Vinson
Environmental Engineer
Washington Regional Office
cc: Jeff Thompson, PE w/ Hobbs, Upchurch & Assoc.
`ashington Regional Office
i
Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
14878 US Hwy 17 - Suite 5 • Hampstead, NC 28443
January 24, 2007
Mr. ScottVinson
NCDENR-WaRO
943 Washington Square Mall
Washington, NC 27889
Ph:252-946-6481
Fax:252-946-9215
Re: Stormwater Review SW7070108
Chancellor Health Services
Assisted Living Site, Bertic County
Scott,
RECEIVED
ED
JAN 212007
DWQ
PROJ #
I have received your letter dated January 16, 2007 concerning the subject project and offer the
following responses:
1) A legend is now shown on the plans
2) The requested drainage basin columns are now included.
3) The individual drainage areas are now delineated on the plans
4) There are no pipe inlets within the bioretention areas. A note has been added to provide
this protection should the roof drains be constructed such that they discharge directly into
the bioretention areas.
5) The planting plan has been revised to include suitable trees.
6) This note has been revised to eliminate any confusion. The contractor will be required to
plant the stated number of trees and shrubs.
7) The bioretention area outlet structures are precast yard inlets as shown in the detail on
sheet 7. A note has been added to clarify that there is to be Freeboard of one foot.
8) A benchmark is now required in the infiltration basin.
9) The infiltration basin as designed, does not in fact have a pretreatment device due to
space limitations. This particular device was located immediately adjacent to the
impervious surface that it was designed to treat, thereby eliminating any offsite sediment
that otherwise would run into the basin. The potential litter into the basin will have to be
removed from the entire basin rather than one central location. However, the location of
this basin is such that maintenance and neatness will be a priority for the owner and this
will greatly enhance the performance of the basin as compared to one that may have been
located behind the building and then suffer from an "out of sight, out of mind" attitude.
Additionally, this infiltration basin is located at the very back of the drainage area with
Hampstead, NC . Telephone 910-270-5520 . Fax 910-270-5548 . email: lthompson@hobbsupchurch.com
Southern Pines . Myrtle Beach . Nags Head . Charlotte . Beaufort
r
approximately 700 feet of grassed swale at 1% slope and a level spreader between the
infiltration basin's outflow and the flow offsite.
10) The updated forms have been provided.
11) A check for the additional fee of $1000 is arriving under separate cover to the attention of
Lyn Hardison.
Sincerely,
Hobbs, Upchurch & Associates
Jeff Thompson
North Carolina Secretary of State
hitp://www.secretary.state. nc.us/corporations/Corp.aspx?Pitemld=79...
North Carolina
Elaine F. Marshall DEPARTMENT OFTHE
SECRETARY
Secretary OF STATE
PO Box 29e2.2 Raleigh, Nc 2762&0622 i919inQ7-20u0
CORPORATIONS
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NC Bertie Health Legal
Investors, LLC
Limited Liability Company information
SOSID:
06280B3
Status:
Current -Active
Date Formed:
2I14r2006
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Bell, Davis & Pitt, P.A.
Registered Office
100 North Cherry Street Suite 600
Address:
Winston Salem NC 27101
Registered Mailing
P.O. Box 21029
Address:
Winston Salem NC 27120-1029
Principal Office
56 Third Street NW
Address:
Hickory NC 28601
Principal Mailing
56 Third Street NW
Address:
Hickory NC 28601
For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster.
I of 1 4/ 19/2007 3:56 Pb
Hicks
From: "Jeff Thompson" <JThomoson@hobbsupchurch.com>
To: <WayneHicks@WishonCarter. com>
Sent: Wednesday, January 24, 2007 2:55 PM
Subject: Bertie - Check Today
Wayne, I'm faxing a copy of DWQ`s letter. I have the responses read}' to go out overnight today. I
need you all to overnight the check for the additional $1000 payable to NCDENR at the following
address:
Ms. Lyn Hardison
NCDENR-W aRO
943 Washington Square Mall
Washington, NC 27889
Re: Stormwater Review SVI17070108 A-,4 d . ,_j : y Pv ASS
Chancellor Health Services
Assisted Living Site, Berrie Count` -
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.410 / Virus Database: 255.17.5/549 - Release Date: LC3/2007
Re: Bertie Assisted Living Resubmittal
Subject: Re: Bertie Assisted Living Resubmittal
From: Scott Vinson <Scott.Vinson@ncmail.net>
Date: Wed, 24 Jan 2007 09:52:44 -0500
To: Jeff Thompson <JThompson@hobbsupchurch.com>
Jeff,
Thursday will be fine. Thanks for letting me know.
Scott
Jeff Thompson wrote:
Scott,
I know the Division is probably out of patience with these projects, as am I.
That said, I believe you had asked that I resubmit the additional info tomorrow.
At this point I'm looking to get it in the overnight tomorrow and you would have
it on Thursday, but I believe overnight to your office doesn't arrive until after
lunch, so technically you'll have it Friday, but it should be in your office
before close on Thursday.
I apologize for the late request.
Jeff
I of 1 1/24/2007 9:53 AM
Bertie Assisted Living Resubmittal
Subject: Bertie Assisted Living Resubmittal
From: "Jeff Thompson" <JThompson@hobbsupchurch.com>
Date: Wed, 24 Jan 2007 Ol :23:48 -0500
To: <Scott. Vinson@ncmail. net>
CC: <lyn.hardison@ncmail.net>
Scott,
I know the Division is probably out of patience with these projects, as am I. That
said, I believe you had asked that I resubmit the additional info tomorrow. At this
point I'm looking to get it in the overnight tomorrow and you would have it on
Thursday, but I believe overnight to your office doesn't arrive until after lunch,
so technically you'll have it Friday, but it should be in your office before close
on Thursday.
I apologize for the late request.
Jeff
1 of 1 1/24/2007 9:53 AN
AA
NCDENR
North Carolina Department of Environment and Natural Resources
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative
and vicinity map of the project location to the appropriate One -Stop Coordinator:
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.leeioncmail.net IRECE� l79
• Mooresville & Asheville Region -Patrick Grogan 704.663-3772 or patrick.grogan(a)ncmail.net ��
• Washington Region -Lyn Hardison 252.946-9215 or lyn.hardison(a)ncmail.net
• Wilmington Region -Cameron Weaver 910-350.2004 or cameron.weavert&ncmail.net JAN 0 5 2007
Project application received after 12 noon will be stamped in the following work day.
APPLICANT Name Charles E. Trefzger, Manager ®�4 WARO
Company Bertie Health Investors, LLC
Address 46 West Third Street NW —City/State_ HickoryNC Zip 28601
Phone 828-322-5535 Fax Email
PROJECT SYSTEM(S) TRIBUTARY TO UT TO CASHIE RIVER SURFACE WATER CLASSIFICATION B, SW
PROJECT Name_ Chancellor Health Services Assisted Living Facility County Bertie
ENGINEER/CONSULTANT Jeff Thompson
Company Hobbs Upchurch & Associates
Address 300 SW Broad Street (PO Box 1737 City/State Southern Pines, NC Zip 28388
Phone 910-692-5616 Fax 910-692-4795 Email
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No
❑ STREAM ORIGIN Determination: of Stream calls; Stream Name
❑ STORMWATER []Low Density ❑ High Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter ® High Density- Infiltration/Bio-ret. ❑ Off Site
WETLANDS MUST BE ADDRESSED BELOW
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with _acres to be disturbed.(CK # (for DENR use))
WETLANDS (401): Check all that apply Isolated wetland on Property ❑ Yes ❑ No
Wetlands on Site ❑ Yes ❑ No / Buffer Impacts: ❑ No ❑ YES: acre(s)
Wetlands Delineation has been completed: ❑ Yes ❑ No Minor Variance: ❑ No ❑ YES
Major General Variance ❑ No ❑ YES
US ACOE Approval of Delineation completed: ❑ Yes ❑ No 401 Application required: ❑Yes ❑ No If YES, ❑ Regular
404 Application in Process w/ US ACOE: ❑ Yes ❑ No / Permit Received from US ACOE ❑ Yes ❑ No
Perennial, Blue line stream, etc on site ❑ yes ❑ No
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be
charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
Fee Split for multiple permits: (Check #_10178_) Total Fee Amount $ _4000_
SUBMITTAL
DATES
Fee
SUBMITTAL DATES
Fee
CAMA
Variance ❑ Maj; ❑ Min
SW ® HD; ❑ LID)
1/5/07
$4000
401:
LQS
Stream Deter,_
WISHON 8 CARTER BUILDERS, INC.
PH. 336-679-2031
P O BOX 1719
YADKINVILLE, NC 27055
to
92 Manof NCDENR
�H
0
UALLENY :. _
ewer ®n,c nme
BANK
Bur Windsor stormwater permit
9.0101781I° C053102117i:
RE'ornML@O)
JAN 0 5 2007
DWfq"-VVAR®
10178
66-211/531
REft 2=14-06
S __- $ 4,000.00
E6um IJ
2 12000 2 38 2no
"!
7
JAN 0 5 2007
DWQ-WARD
STORMWATER CALCULATIONS
for
CHANCELLOR HEALTH SERVICES
to serve
BERTIE COUNTY ASSISTED LIVING CENTER
Town of Windsor, North Carolina
Owner:
Bertie Health Investors, LLC
Spinnaker Development
56 W. Third St.
P.O. Box 2568
Hickory, NC 28601
December 29, 2006
ORIGINAL
c.:
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C!1
Ob
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4, '
Stormwater Management Narrative
Chancellor Health Services
Assisted Living Facility
Town Of Windsor
Bertie County
January 1, 2007
Project Description
The proposed development consists of the construction of a 60 bed assisted living facility with
storage building, parking lot, water and sewer services (by others), all storm drainage, finished
grading, and stormwater management measures as shown on attached detailed plans.
Site Description
The existing property has nearly level topography with slopes generally less than 1 %. Primary
drainage for the project is provided through natural slope which ultimately drains to the Cashie
River (B;Sw). The entire project will be constructed within the limits of disturbance as shown on
the plans. There is no evidence of significant erosion under present site conditions.
Adiacent Property
Land use in the vicinity of the project is agricultural.
Soils
The following are the dominant soil types in the project area (as shown in the county soil
survey):
Soil Symbol
IIIIIIIIIIIIIIIIII[SoilIN57M76MCharacteristics
Hydrologic Subgroup
CnB
Conetoe Loamy Sand
Slopes range
A
from 0 to 5%
■ CrB
Craven fine sandy,
Slopes range
C
loam
from 1 to 4%
CrC
Craven fine sandy
Slopes range
C
loam
from 4 to 8%
Dk-
Dorovan mucky peat
Frequently .�®
flooded
Ro
Seabrook loamy sand
D
A detailed soils investigation was also conducted, and that report is attached. As noted in this
report, the soils in the project area are generally well graded sands with groundwater appx. 6.5'
below existing grade.
Stormwater Management
The project area sits on a small knoll, with the natural ground lying approximately 2 feet above
the surrounding terrain and adjacent to a natural channel. Proposed drainage of the project will
consist primarily of sheet flow across vegetative landscaping. The parking lot will be drained via
sheet flow into a proposed infiltration swale, which will discharge into another grassed swale to
the east of the site which runs about 700 feet around the property and eventually outletting at
the rear of the site through a level spreader. The level spreader is sized for the 1-year flow,
providing 13 LF for every 1 cfs of flow. The purpose of this level spreader is to provide
sheetflow into the adjacent wetlands and not a water quality benefit; therefore, we are not
including it in this permit package. The impervious surfaces from the roof area will be treated in
one of two bioretention areas. The roof drains shall be directed so that each of the bioretention
areas treats half of the roof.
Bioretention Areas
The bioretention areas proposed at this site are to be constructed approximately at existing
grade, while the remainder of the site will be filled to accommodate the building. This will
ensure that the bioretention areas are not constructed in a fill area and will utilize the in -situ soils
for infiltration. No planting soil or underdrain is required. The in-si u soils at each of the
bioretention areas are classified as Wickham find sandy loam. According to the USDA soil
survey, this soil is in hydrologic soil group B and the seasonal high water table is approximately
6 feet from the surface. The existing ground elevation at each of the bioretention area locations
is approximately 104.00' placing the groundwater elevation at approximately 98. The bottom of
the bioretention areas is to be at elevation 103.00' with the overflow at 104.00'
Overflow for the areas is provided with a yard inlet located inside of the bioretention area
approximately 1 foot above the planting elevation. This leaves 3 inches of mulch and another 9
inches for ponding depth. The surface areas of the bioretention areas were sized based on the
amount of runoff generated from a 1" rainfall event and a resulting 9-inch ponding depth.
Infiltration Area
The infiltration area will treat the runoff from the parking lot only. It too was sized so that the
ponding depth would be less than 1 foot from the runoff generated by 1 inch of rainfall. Due to
the limited space for this device, some standard design features were not included. Specifically,
no Pretreatment device was used in this case. The owner will have to maintain the device as
sediment accumulates in the infiltration area. Also, the system does not have an offline
gvetflokv. All runoff will pass through the infiltration swale and over the weir provided at the
outlet. Outlet out of the infiltration swale will be through an earthen weir (lined with filter fabric
and riprap) located at the east side of the swale, constructed at elevation 103. The weir is
approximately 10 feet wide and the flow from a 25 year storm is approximately 4 cfs. The flow
depth on the weir during this flow would be only a few inches.
General
Hydrograph formulation
Drainage Subarea:;
Runoff Volume Estimate (SCS Curve Number Method)
Drainage Area (ac) = 0.5 acres
CN = 89
SCS Curve Number
C= 0.78
Rat'I Coeff. (0.02'CN-1)
S 1000
10 S = 1.24
CN
R.O. (in) _
(P - 0.2-S)-2
(P + 0.8'S)
1-yr
10-yr
25- r
R.O. (in) = 0.00
R.O. (in) = 3.11
R.O. (in) = 3.87
R.O. (cf) = 0
R.O. (cf) = 5,637
R.O. (cf) = 7,020
Runoff from 1" Precipitation
P (in) = 1 DA (ac) = 0.5
S (in) = 1.24 R.O. (in) = 0.28
R.O. from 1" of Rainfall (cf) = 517
Time of Concentration and Intensity Derivations:
K "(L-3/H)-0.385
Kirpich's Equation:
Tc =
128
L = 100
!Hydraulic Length of watershed (ft)
H =: 3
Elevation diff. along "L" (ft)
K = 1_
Multiplier for flow path conditions
(see HRM supp. p2-4)
Tc =
5.00 min.
g & h are regression coeff
1 = 9 (from HRM p. 2-6)
listed in HRM supplement
h + T
p. 5-3
T = Tc
1-yr
10-yr
25- r
P (in) _'
P (in) _' 4.3
P (in) _
5.1
9=
9=' 213
g='
254
h =
h ='' 25
h =!
26
I (in/hr) = 0.00
1 (in/hr) = 7.10
1 (in/hr) =
8.19
Peak Flow (Rational Method)
Q (cfs) = CiA
Q (cfs) = 0 Q (cfs) = 3 Q (cis) = 3
Tp (min) #DIV/01 Tp (min) 24.4 Tp (min) 26.3.
L 4-wc
e,
-Fo Gc"cam 2Uwe... S.
_i— V�_!�I \ 1/'Cn TW 0v� �w �,k4P—
General
Hydrograph formulation
Drainage Subarea:
Runoff Volume Estimate (SCS Curve Number Method)
Drainage Area (ac) = 0.6 acres
CN = 96
SCS Curve Number
C=' 0.9
Rat'I Coeff. (0.02'CN-1)
S 1000
-10 S = 0.42
CN
R.O. (in) _
(P - 0.2"S)A2
(P + 0.8"S)
1-yr
10-yr
25- r
R.O. (in) = 0.00
R.O. (in) = 3.84
R.O. (in) = 4.63
R.O. (cf) = 0
R.O. (cf) = 8,358
R.O. (cf) = 10,088
Runoff from 1" Precipitation
P (in) = 1 DA (ac) = 0.6
S (in) = 0.42 R.O. (in) = 0.63
R.O. from 1" of Rainfall (cf) = 1373
Time of Concentration and Intensity Derivations:
K - (LA3/H)A0.385
Kirpich's Equation:
Tc =
128
L =: 100
(Hydraulic Length of watershed (ft)
H =: 3
Elevation diff. along "L" (ft)
K = 1
Multiplier for flow path conditions
(see HRM supp. p2-4)
Tc=
5.00 min.
g & h are regression coeff
1 = 9 (from HRM p. 2-6)
listed in HRM supplement
h + T
p. 5-3
T = Tc
1-yr
10-yr
25- r
P (in) =
P (in) =� 4.3
P (in) _
5.1
9=
9=' 213
g=
254
h=
h=, 25
h=
26
------ —
I (in/hr) = 0.00
-- T10
I (in/hr) = 7.10
I (in/hr) =
8.19
Peak Flow (Rational Method)
Q (cfs) = CiA
Q (cfs) = 0 Q (cfs) = 4 Q (cfs) = 4
Tp (min) #DIV/01 Tp (min) 26.1 Tp (min) 27.3
General
Hydrograph formulation
Drainage Subarea:
Runoff Volume Estimate (SCS Curve Number Method)
Drainage Area (ac) _ 1 3
acres
CN =� 88
_
'SCS Curve Number
C= 0.76
Rat'I Coeff. (0.02'CN-1)
1000
S =
1.36
S
-10
CN
(P - 0.2-S)-2
R.O. (in) _
(P + 0.8'S)
1-yr
10-yr
25- r
R.O. (in) = 1.38
R.O. (in) = 3.01
R.O. (in) = 3.76
R.O. (cf) = 15,044
R.O. (cf) = 32,763
R.O. (cf) = 40,990
Runoff from 1" Precipitation
P (in) = 1 DA (ac) = 3
S (in) = 1.36 R.O. (in) = 0.25
R.O. from 1" of Rainfall (cf) = 2755
Time of Concentration and Intensity Derivations:
K - (L^3/H)-0.385
Kirpich's Equation:
Tc =
128
L = 100
Hydraulic Length of watershed (ft)
H = 3
Elevation diff. along "L" (ft)
K =- 1
;Multiplier for flow path conditions
(see HRM supp. p2-4)
Tc =
5.00 min.
g & h are regression coeff
1 = 9 (from HRM p.
2-6)
listed in HRM supplement
h + T
p. 5-3
T = Tc
1-yr
10-yr
25- r
P (in) _1 2.5
P (in) _' 4.3
P (in) _1
5.1
g =i 125
g = 213
g =,
254
h ='__ 45
h =! 25
h =
26
—
I (in/hr) = 2.50
-
I (in/hr) _ 7.10
I (in/hr) _
8.19
Peak Flow (Rational Method)
Q (cfs) = CiA
Q (cfs) = 6 Q (cfs) = 16 Q (cfs) = 19
Tp (min) 31.6 Tp (min) 24.3 Tp (min) 26.3
13 F
_
Lr
SA 8o LF
By Developed
Shear Stress:
By Permissable
Velocity:
OU-��LT SW G \-e—
Trap. Or Triang. Channel
Outlet Channel
Start FL
Channel Flow (K
Manning's n 0.030
Lane. S10De S = I 0.0100 Ifilft
42 End FL
juation):
Area A 4.62
Brim. P =1 7.95
Sugg. Best Hydraulic Section
(minimizes excavation)
Side Slope: 1 :1
W Value 0.828427125
3+00 Best depth: 0 ft
39 —
Best Base: 0 ft
Side Slopes Z = /
:!
1 Ayd. Radius R =1
0.58
1
"See DENR Design Manual for maximum
allowable velocities in vegetated channels
(8.05.4)
Depth d =: 0.691 ',ft
�X Bare B =' 6 ft
M Maz. Flow Rate Q =
16.00
CFS
Velocity (Q max flow) V=
1 3.46
FPS
1 1 -rop wmta w =1 -i.3a Ir..r
Channel Linina Desian:
Shear Stress on channel T=
Y*d*S
unit wt. water Y=1
62.4
PCF
T=1
0.431
JPSF
normal flow depth) d=l
0.69
1FT
(channel slope) S=1
0.01
1 FT/FT
OR
D50 =
= depth (ftl
¢` (MostC6nservative)'
D50 = Rip Rap size in
A more conservative design is based on
the allowable shear stresses which
are listed in the DENR Design Manual (8.05.13)
=
3.46
Y=V
d =
0.691
Rip Rap Sizes
Allow. Shear
T s
CL. A
3"
1
CL. B
6"
2
CL. 1
13"
4
CL. II
23"
8
Talbw s -0.0'D50-(ft<-_-
Rip Rap Sizes were taken from DENR
Design Manual (8.06.6)
Lrn Se c:h 4v+ :.,. s vSL 61 aS St P of —t
swc.(e t t"c- SWclr is cc i..�il� rnvc� w�c�t: Mos+ �� tl..�- Iz�c�1L
Qr�o. �C awc�owyl
57 1-4- C. -(". o -F i'v , -J� F
-�, act S.C. o� bo-E4o arec,
L� = D, 6'3 dq'-3,
_l- V�Ci� -�r�rIu- �) Y,Lt LJ(.aW GtOL'✓L'i
13 -�3 c.�,Jr44
IS60 5-t. bnt+ar G'fLc. Ot Swc�e
6o = Ie. s `A >
L� - o- i- CAG`�s
V Io- ,"\Pii-r- WO✓A Q -'r, Ir-T- i�OW S
Quo = 3 �•-� s i6� = laa'
L-�> Tr, k c, �n �, l -� � �,,. c� -�ow• o .-, l � �'� � �`' o n t
�-
we,� L "
y C""5 o I-st
Sole'• p.016 =
A= LFN = 61 0.06 3.66s�•
I
•
76'5'
.9" 76°5'
.9" ?76°5�'�f.9j"Vy
-� -"'•�--�. � f-� i ' � �' � � \\
J' 6— .-. -+tvi.- .u,.. +.. 'fir
•-� ''ice•• _yu�,,, .� 1^ �+.« �- ri 4 , .+. I � (
''fir ..W�_ �1L.. � `r�� _dp_ 1 � � 1 • �
fill
L\
13 -29
' `fl '
♦ Sandy it
)
T
-- -4L_ '
—
y Sewage
41
It
1 LL..-.��lr- _•iY- —. •� '- .Kj'±.- .+1• ��J � � � � 1 (] C y � I' • h '
_4lf-•
m
�- ••� -(>r' _,t's, -� �--•�� ✓''rr � •-,`� �,� �' _ lit
m
�\ SCALE 1:12000
4b'- 0 100 200 300 400 500 600 700 800 900 YARDS
0 1000 2000 FEET
m
0 100 200 300 400 500 600 700 800 METERS
o
765'
.9" vv 1 1 1 1 1 7 1 1 1 6761'5'
.9" 765'
.9"
Name: W INDSOR SOUTH Location: 819681 ft. N 2613015 ft. E
Date: 8/8/2006
• Scale: 1 inch equals 1000 feet
COp./flept (C) IVU6, Maptecn, Inc.
112
TABLE 15.--PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS --Continued
Soil name and ;Depth; Clay ; Moist 'Permeability'
map symbol J bulk 1Available: Soil ,Shrink -swell
density �^ water �reac ton! potential
NOA, NOB --------- 1 0-15: 5-18
Norfolk 115-191 18-35
119-701 20-43
Pa---------------i 0-181 5-15
Pantego, ,18-72 18-35
,
Ra--------------- 1 0-16' 5-20
Rains 116-621 18-35
62-72: 18-40
Ro--------------- i
0-111 30-18
Roanoke 111-451 35-60
45-60: 5-50
Se--------------- 0-40' 2-12
Seabrook
140-651 2-12
,
TaB-------------- i , 0-82' 3-12
Tarboro
0-8 , 5-20
Tomotley i 8-50: 18-35
50-60i ---
,
Ud.
,
Udorthents '
,
,
Wahee
,
,
WE_______________
Wehadkee
,
,
WkA. WkB, WkC____i
Wickham
i
,
WmB:
,
Wickham---------!
Urban land.
WtD, WtE----
Winton
0-4 i 5-20
4-841 35-60
,
,
0-101 5-20
.0-651 18-35
,
0-8 1 8-15
8-53: 18-35
3-68' ---
0-8 i B-15 �
8-53: 18-35
3-68! ---
i g/cc , In hr , I=n , K T
1.45-1.651 2.0-6.0 10.10-0.1513.6-6.0 :Low ------____
11.30-1.651 0.6-2.0 10.10-0.1813.6-5.5 'Low ---------- .0 20' 5
11.20-1.651 0.6-2.0 10.12-0.1813.E-5.5 Low------- i0.24t
---i0.24;
1.40-1.601 2.0-6.0 10.12-0.2013.6-5.5 :Low ----------
1.30-1.50, 0.6-20 10.12-0.2013.6-5.5 :Low-------__--0.15: 5
.1 4 , , 1 10.28,
11.30-1.601 2.0-6.0 10.10-0.14:3.6-6.5 !Low-------___t0 20I 5
11.30-1.601 0.6-2.0 i:0.11-0.1513.6-5.5 ,Low ---------- .:1.30-1.501 0.6-2.0 029,
....'Low--------__i i0.28,
1. 20-1.50; 2.0-6.0 :0.12-0.18:3.6-5.5 !Low ----------
,0.28, 9
1.20-1.50' 0.06-20 10.-0.13.6-.5 'Moderate ----- ;0,241
i ;0.0404-0.14,413.E-6.5 Moderate----- .0,24�
1.30-1.601 6.0-20 10.05-0.11:4.5-6.5 !Low ---------- �
:1.30-1.601 6.0-20 10.02-0.0914.5-6.5 ;Low-------___10.101 5
1.60-1.751 6.0-20 ,0.05-0.0914.5-6.5 !Low ---------- 10.10,' 5
i ,
i i i
1.30-1.601 2.0-6.0 10.10-0.1513.6-5.5 !Low ---------- !0.201 5
'1.30-1.50: 0.6-2.0 10.12-0.18:3.6-5.5 :Low ---------- :0.20:
--- i -- !
___ : ___ ,------------------
1.30-1.601 0.6-2.0
10.10-0.15:4.5-6.0!Low ---------- 1p,2q1 5
1.40-1.60: 0.06-0.2 10.12-0.2013.6-5.5 !Moderate ----- :0.281
,
1.35-1.601 2.0-6.0 :0.10-0.1514.5-6.5 jLow---------- 10 241 5
1.30-1.50: 0.6-2.0 10.16-0.2014.5-6.5 !Low ---------- 10.321
i , j i , i ii
1.45-1.651 2.0-6.0 10.11-0. 16-0. 2914.5-6.0 !Low----------10.24' 5
1.30-1.501 0.6-2.0 ,0.12-0.1714.5-6.0 ;Low---------� '
-------------
1.45-1.651 2.0-6.0 ;0. 11-0.16'4.5-6.0 'Low----------1
1.30-1.50: 0.6-2.0 10.12-0.17:4.5-6.0 'Low---------0.241 5
-__ , ,0.24-------------
0-17i 7-27 11.30-1.40i 2.0-6.0 10.12-0.2013.6-6.0 :Low----------
17-541 18-35 :1.30-1.501 0.2-2.0 10.12-0.2013.6-6.0 !Low--------__1--- 0.24: 5
54-801 , ---
i ' ' ___ i ___ i ___ i_____________, 0-2
Sod Survey,,^:-
Organic
mattes
CE__
.5-2
:5-5
2-5
.5-2
.5-2
.5-3
114
TABLE 16.--SOIL AND WATER FEATURES --Continued
Soil name and !Hydro logic! riooein Hi h water table
map symbol group Frequency I Duration Months Depth Kind !Months
I
Rains
,
I
Roanoke
Seabrook
!
Ta8_______________i A
Tarboro
I
,
Tomotley
I
Ud. '
Udorthen is '
Wahee
Wehadkee !
WkA, WkB, WkC_____! B
Wickham !
WmB: '
Wickham__________! B
I
Urban land. '
I
I
WtD, WtE--'--'---'! C
Winton !
Soil Survey
Concrete.
-------- --' i '-- i 0-1.0:ApparentNov-Apr,High----- !High.
Frequent ---- (Brief-----i Nov -Jun I 0-1.o!Apparent;Nov-MayjHigh----- !Hi h.
, None-------- --- l2.0-4.0lApparentlDec-Mar'Low------'
� ! i , � � ,Moderate.
None________! ___
! ' '-- i 6.0 --- !Low ------ !Moderate.
None--------i --- --- I 0-1.o IApparent:Nov-ApriHigh-----!High.
None--------j --- i ---i0.5-1.51Apparent!Dec-Mar!High ----- !High.
Frequent ---- (Brief----- Nov -Jun ! 0-1.ojApparent!Nov-MaylHigh ----- !Moderate.
None________, � 6.0 --- !Moderate '
!High.
! ! ! !
None-'------! --- ! --- ' 6.0 ! --- '• --- !rw..ae.,t., lv, ,.:.
"' i --- i2.0-4.0lperched !Dec-May!Moderate !Moderate.
Specifications for Bio-retention Area
Material Specifications
The allowable materials to be used in bioretention area are detailed in Table 2
Planting Soil
The soil shall be a uniform mix, free of stones, stumps, roots or other similar objects larger than
two inches. No other materials or substances shall be mixed or dumped within the bioretention
area that may be harmful to plant growth, or prove a hindrance to the planting or maintenance
operations. The planting soil shall be free of noxious weeds.
The planting soil shall be tested and shall meet the following criteria:
pH range 5.2 - 7.0
organic matter 1.5 - 4%
magnesium 35 Ib./ac
phosphorus P20575lb./ac
potassium K2O 85 Ib./ac
soluble salts not to exceed 500 ppm
All bioretention areas shall have a minimum of one test. Each test shall consist of both the
standard soil test for pH, phosphorus, and potassium and additional tests of organic matter, and
soluble salts. A textural analysis is required from the site stockpiled topsoil. If topsoil is imported,
then a texture analysis shall be performed for each location where the top soil was excavated.
Since different labs calibrate their testing equipment differently, all testing results shall come from
the same testing facility.
Should the pH fall out of the acceptable range, it may be modified (higher) with lime or (lower)
with iron sulfate plus sulfur.
Mulch Layer
The mulch layer shall serve as a pretreatment layer by trapping fine sediments prior to runoff
infiltration. It shall consist of standard landscaping coarse shredded hardwood mulch or chips.
Grass clippings, pine bark, and pine straw are specifically prohibited and shall not be used in this
application. The mulch should be at least 6 months old, while 12 months is ideal. It shall be
placed in a uniform depth of approximately 3 inches.
Compaction
It is very important to minimize compaction of both the base of the bioretention area and the
required backfill. When possible, use excavation hoes to remove original soil. If bioretention areas
is excavated using a loader, the contractor should use wide track or marsh track equipment, or
light equipment with turf type tires. Use of equipment with narrow tracks or narrow tires, rubber
tires with large lugs, or high pressure tires will cause excessive compaction resulting in reduced
infiltration rates and storage volumes and is not acceptable. Compaction will significantly
contribute to design failure.
Compaction can be alleviated at the base of the bioretention facility by using a primary tilling
operation such as a chisel plow, ripper, or subsoiler. These tilling operations are to refracture the
soil profile through the 12 inch compaction zone. Substitute methods must be approved by the
engineer. Rototillers typically do not till deep enough to reduce the effects of compaction from
heavy equipment.
Rototill 2 to 3 inches of sand into the base of the bioretention facility before back filling the
required sand layer. Pump any ponded water before preparing (rototilling) base.
When back filling the topsoil over the sand layer, first place 3 to 4 inches of topsoil over the sand
then rototill the sand/topsoil to create a gradation zone. Backfill the remainder of the topsoil to
final grade.
When back filling the bioretention facility, place soil in lifts 12" or greater. Do not use heavy
equipment within the bioretention basin. Heavy equipment can be used around the perimeter of
the basin to supply soils and sand. Grade bioretention materials with light equipment such as a
compact loader or a dozer/loader with marsh tracks.
Plant Material
Recommended plant material are listed on the plan sheets.
Plant Installation
Mulch around individual plants only. Shredded hardwood mulch is the only accepted mulch. Pine
mulch and wood chips will float and move to the perimeter of the bioretention area during a storm
event and are not acceptable. Shredded mulch must be well aged (6 to 12 months) for
acceptance.
The plant root ball should be planted so 1/81" of the ball is above final grade surface.
Root stock of the plant material shall be kept moist during transport and on -site storage. The
diameter of the planting pit shall be at least six inches larger than the diameter of the planting
ball. Set and maintain the plant straight during the entire planting process. Thoroughly water
ground bed cover after installation.
Trees shall be braced using 2" X 2" stakes only as necessary and for the first growing season
only. Stakes are to be equally spaced on the outside of the tree ball.
Grasses and legume seed shall be tilled into the soil to a depth of at least one inch. Grass and
legume plugs shall be planted following the non -grass ground cover planting specifications.
The topsoil specifications provide enough organic material to adequately supply nutrients from
natural cycling. The primary function of the bioretention structure is to improve water quality.
Adding fertilizers defeats, or at aiminimum, impedes this goal. Only add fertilizer if wood chips or
mulch is used to amend the soil. Rototillpu ea fertilizer at a rate of 2 pounds per 1000 square feet.
Underdrains
Under drains to be placed on a 3'-0 wide section of filter cloth. Pipe is placed next, followed by
the gravel bedding. The ends of under drain pipes not terminating in an observation well shall be
capped. Observation wells and/or clean -out pipes must be provided (one minimum per every
1000 square feet of surface area).
Miscellaneous
The bioretention facility may not be constructed until all contributing drainage area has been
stabilized.
Table 2. Materials Specifications for Bioretention
Parameter
Specification
Size
Notes
Plantings
see your local NRCS
n/a
plantings are site -specific
Standards and
Specifications guidance.
Planting Soil
sand 85%
n/a
USDA soil types loamy sand,
silt/clay10%
sand loam or loam, minimum
Y
organic 5%
infiltration rate > 0.52 in/hr
Mulch
shredded hardwood
aged 6 months, minimum
pea gravel
pea gravel: ASTM D 448
pea
diaphragm
gravel:
and curtain
ornamental stone:
No. 6
drain
washed cobbles
stone: 2"
to 5"
Geotextile
Class "C" apparent
n/a
for use as necessary beneath
opening size (ASTM-D-
underdrains only
4751) grab tensile
strength (ASTM-D4632)
burst strength (ASTM-D-
4833)
uunderdrain
AASHTO M-43
0.25" to
ravel I
0.75"
underdrain
ASTM D 1785 or
4" rigid
3/8" pert. @ 6" on center, 4 holes
piping
AASHTO M-278
schedule
per row; minimum of 3" of gravel
80 PVC
over pipes; not necessary
underneath pipes
poured in
See local DOT Standards
n/a
on -site testing of poured -in -place
place
and Specs.; fc = 3500 lb.
concrete required:
concrete (if
@ 28 days, normal
28 day strength and slump test; all
required)
weight, air -entrained; re-
concrete design (cast -in -place or
inforcing to meet ASTM
pre -cast) not using previously
615-60
approved State or local standards
requires design drawings sealed
and approved by a licensed
professional structural engineer.
sand
AASHTO M-6 or ASTM
0.02" to
Sand substitutions such as
[1' deep]
C-33
0.04"
Diabase and Graystone #10 are
not acceptable. No calcium
carbonated or dolomitic sand
substitutions are acceptable. No
"rock dust" can be used for sand.
CAL REPORT ON SUBSURFACE EXPLORATION
Windsor ALC
Windsor, NC
ETPA Job #: 06-145-A
Prepared By.
ENGINEERING TECTONICS, P.A.
CONSULTING ENGINEERS, GEOLOGISTS, HYDROLOGISTS
Post Office Box I
Winston-Salem, North Carolina 27108
January 24, 2006
ENGINEERING TECTONICS, P.A.
hENGINEERS • GEOLOGISTS • HYDROLOGISTS
—I',.rruuwn-aaiem, NL[/107 (336)724-6994
January 24, 2006
Wishon & Carter
P. O. Box 1719
Yadkinville, NC 27055
RE: Report on Subsurface Exploration
Windsor ALC
Windsor, NC
Engineering Tectonics, P.A. Job # 06-145-A
ATTN: Mr. Wayne Hicks
Dear Mr. Hicks,
As per your authorization, Engineering Tectonics, PA. (ETPA) has completed the
subsurface investigation at the Windsor ALC site' located in Windsor, NC. The results
Of the soil borings, along with a Boring Location Diagram, are enclosed with this report.
The purpose of this report is to describe the soil and groundwater conditions which were
encountered in the test borings, to analyze and evaluate the subsurface data obtained,
and to submit recommendations regarding design and construction for the proposed
construction. A brief description of the field phase of this investigation, general
subsurface conditions encountered and design recommendations are presented herein.
geotechnical engineer classed each soil sample on the basis of texture
accordance with the Unified. Soil- Classification System. The group
n soil -type are indicated in the parentheses following the soil descriptions
ogs. A brief explanation of the Unified Soil- Classification System is
is report. The-geotechnical-engineer grouped the various soil types into
es noted on the boring- logs. The stratification lines designating the
sen earth materials on the boring logs and profiles are approximate; in-
between material types may. be transitional.
will be retained in our laboratory for a period of sixty (60) days after the
irt, after which they- will. be discarded unless instructions as to their
received.
SOIL CONDITIONS
of borings relative to the proposed construction are as shown on the
Location Diagram, (Fig. 1).
at the site, as indicated by our borings, consist of a surface layer of
6" to 8" of topsoil and residual soil.
ENGINEERING TECTONICS, P.A.
W mdW ALL
lm=y 24.2006
hg2
SUBSURFACE EXPLORATION AND SOIL CLASSIFICATION .
Description of Subsurface Exploration
The soil test borings were drilled at the site as indicated on the Boring Location
Diagram. Five (5) soil test borings were drilled at the subject site. Borings B-1 through
B-5 were each advanced to a depth of 16.5' below the existing ground surface. The
borings were drilled using a Truck Mounted Mobile B-47-drilling rig. The borings were
located in the field by representatives of Engineering Tectonics. A description of the
methods and procedures used to perform soil sampling and classification are presented
below.
Soil Sampling/Classification
A sbcinch hollow stem auger was used to advance the borehole. Representative soil
samples were obtained by means of the split -barrel sampling procedure in general
accordance with ASTM Specification 0-1586. In this procedure, a 2 inch OD, 1 3/8 inch
ID, split -barrel sampler is driven into the soil a distance of 18 inches by means of a 140-
pound hammer failing 30 inches. The Standard Penetration Resistance (SPT) Value is
the number of blows per foot of penetration for the final 12 inches of driving. This value
can be used to provide a qualitative indication of the in -place relative density of
cohesionless soils. T his indication is qualitative since many factors can significantly affect
the Standard Penetration Resistance Value and prevent direct correlation between drill
crews, drill rigs, drilling procedures, and hammer -rod -spoon assemblies.
The drill crew prepared a field log of the soils encountered in the borings. All soil samples
obtained from the drilling operations were sealed immediat in the field and brought to
our laboratory for further examination and testing.
ENGINEERING TECTONICS, P.A.
}
uction will consist of a one story,.brick -veneer building. Estimated
ads should not exceed 75 kips and estimated maximum wall bads
kips.
itions encountered, we recommend that the proposed construction be
antionai spread footing foundations bearing within the residual soil or
ie spread footings may be designed for an. allowable soil bearing
psf, subject to field inspection and verification as detailed below.
i settlement will -be less than 0.5 inches.
bility1of near -surface soils in foundation areas between borings should be.
M
yvisuWinspection and proofrolfing, as discussed in detal below. The inspection
ed': �o tbcate any unexpected soft spots which may require undercutting and
•with crushed stone to provide uniform bearing.
foundation bearing soils should not be left exposed during inclement
ation and subsequent disturbance of these sods -can result in a loss of
aring capacity, leading to increased settlement. In addition, we suggest
slab excavations be examined for uniformity of soil properties and tested
nic Cone Penetrometer (DCP) to verify design pressures. The inspection
locate any unexpected soft spots that may require undercutting and
crushed stone to provide uniform bearing. This inspection should be
e any reinforong-steel or -concrete is placed.
ENGINEERING TECTONICS. P.A.
+vu,aae ALC
J.umy 24. 2oo6
Page 4
The residual soil, when disturbed by sampling, appears as tan, and brown; loose to
medium dense, sand, (SW) and gray, soft to firm, silty -clay, (CL). The blow count
values within these materials ranged between 4 blows per foot and 18 blows per foot.
For soil descriptions and general stratification at a particular boring location, the
respective Test Boring Record should be reviewed. Logs of the exploratory borings are
appended to this report. Subsurface conditions between boring locations and
elsewhere on site may vary, and subsurface anomalies may exist. which were not
detected.
WATER TABLE CONDITIONS
Water level observations were made after completion of drilling operations. In power
auguring operations, water is not introduced into the boreholes during drilling.
Groundwater elevations can often be ascertained by observing water seepage into the
boreholes after drilling and the moisture content of recovered samples. The water level 5
observations are noted on the respective boring logs.
Groundwater or a caved in condition indicating groundwater was encountered in all
borings at depths ranging from 6.5' to 12.0'. It should be noted that dependent on the
permeability of the in -place soils, it could take several days for the groundwater level to
stabilize within the borehole. Fluctuations in the location of the long term groundwater
table may occur seasonally and are also dependent upon variations in precipitation,
evaporation, and surface run-off.
ENGINEERING TECTONICS, P.A.
should be proofrolled using a loaded tandem axle dump truck. The
uld be performed. in order. to aid in .locating any soft areas within the
roofrolling- of the exposed surface should consist of four (4) complete
area, with two (2) of the passes in a direction perpendicular to the
es. All proofrolling should be observed by an experienced geotechnical
areas that pump or nit should be undercut to firm soil and replaced with
3 engineered fill; we -recommend that -an experienced soils engineer inspect
surface. At that time, the construction area should be proofrolled with a-
m axle dump truck in order to aid in locating any -soft areas within the
as described herein.
utilized at the site should be selected on the basis of its plasticity
and laboratory compaction tests. On -site soils that are found to contain
Renal, including organics and topsoil, should not be used as engineered fill
structures: In addition, soils having a Plasticity Index (PI) in excess of 20
lard Proctor (ASTM D-698) maximum dry density of less than 95 pcf should
without prior engineering evaluation and approval.
within the proposed construction area should be compacted a minimum of
maximum dry density obtained. in accordance with ASTM Specification,D-698
Proctor). All fill to be placed -within twelve inches of the design sub grade
hould be compacted to 100% of the Standard Proctor maximum dry density.
ild be placed and mechanically compacted in uniform lifts not exceeding 9
ENGINEERING TECTONICS, P.A.
January 24, 2006
Page 6 y
For ease of construction and to avoid a local shear or "punching" failure of the footings,
minimum column and continuous wall footing widths of 24 inches and 18 inches,
respectively, should be used. In order to provide adequate frost cover protection, we
recommend that all exterior footings be located a minimum of 18 inches below the final
exterior ground elevation.
Construction Considerations
Groundwater is present at a relatively shallow depth at this site and as such, the
contractor should be prepared to dewater the excavation if necessary.
Floor Stab Design
The ground floor of the structure is to be constructed as a slabon-grade. We i
3
recommend a modulus of subgrade reaction (k) of 75 psifin. for the design of the floor
slab bearing on suitably compacted structural fill. Additionally, we recommend that a
minimum 4-inch thick layer of washed stone or crushed gravel, maximum size of 1.5
inches with a maximum of 5% passing the number 200 sieve, be placed under the stab
to act as ,a capillary barrier. A vapor barrier, placed immediately before the floor slab
concrete, may be utilized on top of the stone for additional moisture protection. Prior to
placing the stone for the capillary cutoff layer, the floor slab subgrade soil should be
property compacted and free of standing water or mud.
Since the structure will be supported on spread footings, it is recommended that the
slab -on grade be isolated from the walls in order to allow relative displacements. The
floor slab should be designed for the anticipated loading conditions and a suitable
number of crack control joints should be installed. The slab should be nominally
reinforced to maintain its integrity should minor differential movement occur.
ENGINEERING TECTONICS, P.A. I1!
WWWM.0
1�,24.2906
PWa
inches in loose thickness. The moisture content of all fill at the time of placement should
be within plus or minus 3% of the optimum moisture content established by the laboratory
compaction test.
Ells placed against sloping surfaces should be 'knit or benched into the existing slope in
horizontal layers in such a manner to provide satisfactory bond and to avoid planar
surfaces of potential sliding. Materials should not be placed when either the fill material
or the foundation surface are excessively wet, frozen, improperly compacted, or otherwise
unsuitable. r
We recommend that the fill be carefully observed during placement to determine if
proper compaction is being achieved within the building and parking areas. A minimum
of one in -place density test should be performed in general accordance with AST1N
Specification D-1556 for each 2500 square feet of lift area with a minimum of two tests
per lift.
GENERAL QUALIFICATIONS
This report has been prepared for the purpose of evaluating the existing subsurface
conditions and determining design criteria for the footings of the proposed Windsor ALC
site located in Windsor, NC. The information and recommendations reported herein are
presented to assist in the design of this project. In the event there are any significant
changes in the size, design, or location of the project structures, changes in the planned
construction from the concepts previously outlined, or changes of the design parameters
stated in this report, the conclusions and recommendations contained in this report shall
not be considered valid unless these changes have been reviewed and our conclusions
and recommendations reaffirmed or appropriately modified, in writing.
.ENGINEERING TECTONICS. P.A.
PA
'I L" Vj L"-"" - �-Oo
Page 1 of 1
OWNER.,
BORING NUMBER
B-2
ARCHfTECT-ENGINEER
'PROJECT:NAME MR. JEFF
�'a WINDSOR ALC
THOMPSON
u . a JOB NO.
'SITE LOCATION
0 Unconfined compressive strength TonslFT.
06-145-A
1 2 a a 5
' '.f...- w F.
Plastic Water Liquid
O D. a O ENGINEERING TECTONICS, P. A.
Limit % Contents % Limit %
o
'".'DEPTH
w w � ENGINEERS- GEOLOGISTS HYDROLOGISTS
F
10 20 s0 a0 50
S' d 0
J J
FEET a
a crIr
a W DESCRIPTION OF MATERIAL
Standard
0 Penetration Blows/ft.
' CO Surface Elevation
10 20 so 40 5o
y
=
8 INCHES TOPSOIL.
TAN, LOOSE TO MEDIUM DENSE,
SAND, (SW).
7
1
SS
2.5
4.0
{I`
5
2
SS
5.0
6.5
8
3
SS
7.5
9.0
/
2
10
a
55
10.0
lt5
GRAY, SOFT TO FIRM, SILTY CLAY,
(CL).
I
15
5
SS
15.0
8
16.5
BORING TERMINATED AT 16.5 FEET,
e stratifira5on lines represent the approximate bountlary lilces between soil types: In -situ, the trans8ion may De gradual
WATER TABLE DATA -DEPTH
BELOW SURFACE BORING STARTED BORING COMPLETED
1 /18106 1 /18106
8� � 0 HRS.
6= 1 RIG FOREMAN APPROVED BY AUGER
HRS. gy7 RM KIP HSA
BORING
. • I
JOB NO.
;, NC
06=145=A-
w O
_ ENGINEERING TECTONICS, P. A.
ENGINEERS- GEOLOGISTS- HYDROLOGISTS
W
W
O
LL
DESCRIPTION OF MATERIAL
to
Q
Surface Elevation
=
6 INCHES TOPSOIL.
(Sw).
a a
1 I SS 12.5
4.0
12ISS 15.0
6.5
3 I SS 17.5
9.0
10 _ 4 I SS 1110.0
11.5
r I 15—{ 5 ISs 1.
I 16.5
O Unconfined compressive strength Tons/Fr.
1 2 3 4 5
Plastic Water Liquid
Limit % Contents % Lund %
X................. g------------- -- X
if 20 50 40 50.
Standard
Penetration Blow.s/1t.
WATER TABLE DATA -DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED
1l18/06� 7/18106
go a 0 HRS.
6.5 RIG FOREMAN APPROVED BY AUGER
�� 1 HRS. B-47 RM I KP HSA
I
Page 1 of 1
ARCKO7ECT-EXCU0EER
yyINp50R ALC MFL JEFF THOMPSON
LOCATIONJOB NO: O Unconfinedmmpressiw'unapt, TonslFT.
yJINDSOR, NC 06-145-A t 2 a 4 s
�...ynr
O
z
w
a
>
w O
ENGINEERING TECTONICS, P. A-
Plastic Water Liquid
Land X Contents % Land X
kni
/^'
10 20 30 a 50
- EMNEERS• GEOLOGISTS, HYDROLOGISTS
w
PJT
a
Q
O
a a:
Q
DESCRIPTION OF MATERIAL
0 Bbwsnt.
1
`Surbce illation
to 2e ag �g se
6 INCHES TOPSOIL.
BROWN AND TAN, LOOSE TO MEDIUM
DENSE, SAND, (SW).
i�
I
I
SS
2.5
4,0
5
z
SS
5.0
B.5
i
3
SS
7,5
0.0
10
a
SS
10.0
t15
GRAY, FIRM, SILTY CLAY, (CL).
15
5
SS
75.0
16.5
BORING TERMINATED AT 16.5 FEET.
The tines n�ngteni the ayprmvrwte boundary (ales beCween sd fyPes: hlsdu, Ore tnrn[cn may Oe gIaOW l
WATER TABLE DATA -DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED ,
1/18106 1M8/06
'''010
1,0
HRS.
6 5 .�ti RIG F00.EMAN APPROVED BY AUGER
��—•- 1
I
HRS, B47 RM KP HSA
Y -•' Page 1 of 1
BORING NUMBER
.�„•,' ARCHfTECT-ENGINEER
RAC cs„ MR. JEFF THOMPSON
01OJOB NO. O Unmrfined compressiva strength Tons/FT.
�S7TE'., .,n0a. 06-145•A 1 z 3 a 5
NpgQ-
W Plastic Water Liquid
p, yl* Limit % Contents % Limit %
O, ENGINEERING -TECTONICS, P: A.
iLu X.................®................x
pEEpTF1 eWyyf J Wk O� ENGINEERS- GEOLOGISTS- HYDROLOGISTS. to xo 30 ao so
' 1N:PEET 7 n. a4tIY= Standard
DESCRIPTION OF MATERIAL • Penetration BI°ws/R:
Surface Elevation to m 30 40 so
=. 6 INCHES TOPSOIL.
{yy�r r TAN, MEDIUM DENSE, SAND, (SW):
VT-
4, tf11 T Z
#(VIM 1E sss1 25i- •
�..^.r _ .. '2j SS 5.0
6.5
3 SS 7.5 %
I 9.0
F 10 7
+ SS 10.0
11.5
GRAY, FIRM, SILTY CLAY, (CL).
15 t
5 SS 15.0
16"
BORING TERMINATED AT-16.5 FEET.
1
The stratification Ones represent the aDDroximate boundary lines between soa types: In -situ, tlu transition may be gradual
WATER TABLE DATq-DEPTH BELOW SURFACE BORING STARTED BORING COMPLETED
1118/O61l18106
ft1G FORFJWIN APPROVED 8Y AUGER
—� 1 HRS. g.dT RM KP HSA
Soil Profiles
ENGINEERING TECTONICS, P.A.
KE
High Plasticity Clay
e
Low Plasticity Clay
Low Plasticity Silt
I� High Plasticity Silt
Poorly -graded sand
Well -graded Sand
5 Sandy Clay
Q Water Level at Time of Boring
Z Water Level at 24 Hours
SS - Split Spoon Sample
LID - Undisturbed Sample
-(-
Silty clay;-`.:
Silty Sand
Sandy Silt
Clayey Sand
= Clayey Silt
0
a
o Gravel
0
Alluvial
Fill
ENGINEERING TECTONICS, P. A.
ENGINEERS- GEOLOGISTS HYDROLOGISTS
® Bedrock (Igneous)
® Bedrock (Metamorphic)
® Sedimentary Rock
' AsphalUStone
® Topsoil
EXPLANATION OF SYMBOLS FOR
WINDSOR ALC
WINDSOR, NC
CT NO. DATE: FIGURE:
06-145-A Jan 06 1
ir■
General -Qualifications
WTthOVtss1wepoft5MVrbprepared in order to aid in the evaluation of this propety and to assthearchitect and/or engineer in the design ofthis project. The scope limited to
r theuspec�i_ficc project and'location-described herein, and our description of the project
qr;rrecprese its ourunderstanding of the significant aspects relevant to soil and foundation
�characteristia FIn the event that any changes -in the design -or location of building(s)
so�utl edyin tlils report are planned, we should be informed so the changes can be
5+_:- fi
rreviewed end the conclusions of this report modified or approved in writing by the soil
fouridation engineer.
Ai' recommended that all construction operations dealing with earthwork and foun-
= }' dations be inspected by an experienced soil engineer to assure that the design require-
ments ire -fulfilled -in the actual construction. If you wish, we would welcome the
opportunity to provide these inspection services for you during construction. In addi-
tion, we would welcome the opportunity to review the plans and specifications when
they have been prepared so that we may have the opportunity of commenting on the
effect of soil conditions on the design and specifications:
The analysis and recommendations submitted in this report are based upon the data ob-
tained from.the soil borings performed at the locations indicated on -the location dia-
gram and from any other information discussed -in -this -report. This report does not
reflect any variations which may occur between these borings. In the performance of
subsurface investigations, specific information is obtained at specific locations at specif-
ic times. However, it is a well-known fact that variations in soil and rock conditions exist
on, most -sites between boring locations and -also such situations as groundwater lev-
els vary from time to time. The nature and extent of variations may not become evident
until the course of construction. If variations then appear evident, it will be necessary
for a re-evaluation of the recommendations of this report after performing on -site
observations during the construction period and noting the characteristics of any
variations.
Because of the possibility of these unanticipated subsurface conditions occurring, we
recommend that a "changed condition" clause be provided in the contract both with
the general contractor and in contracts with sub -contractors involved in foundation and
earthwork construction. It is felt that the inclusion of this clause will permit contractors
to give lower prices because they will not need to provide as much in contingencies as
they normally would if equitable adjustment of changed conditions will minimize con-
flicts and litigation with the attendant delays and costs. furthermore, by the immedi-
ate recognition and adjustment in contract price at the time the changed conditions are
encountered, the immense problem of trying to recreate facts when litigation develops
later is eliminated. A mediation/arbitration procedure is recommended in the event the
owner, contractor and professionals do not agree on the changed conditions at the
moment they are disclosed. If you wish, we would be pleased to furnish additional
information pertaining to this procedure.
General Notes
ENGINEERING TECTONICS, P.A.
0
GENERAL NOTES
NG SYMBOLS:
- 1 3/80 L.D., 2" O.D.- OS- =
Osterberg Sampler
'wise noted HS -
Hollow Stem Auger
WS -
Wash Sample
FT =
Fish Tail
— NX, BX, AX RB a
Rock Bit
le BS -
Bulk Sample
PM -
Pressuremeter Test, In -Situ
GS -
Giddings Sampler
uion: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch O.D. split spoon
sampler, except where otherwise noted.
EVEL MEASUREMENT SYMBOLS:
Hater Level WCI = Wet Cave In
Vhile Sampling DCI - DryCave In
Vhile Drilling BCR = Before Casing Removal
Uter Boring ACR - After Casing Removal
As indicated on the boring logs are the levels measured in the boring at the times indicated. In pervl-
the indicated elevations are considered reliable groundwater levels. In impervious soils, the accurate
lion of ground water elevations may not be possible, even after several days of observations; additional
of ground water elevations must be sought.
t' •: �.� GRADATION DESCRIPTION & TERMINOLOGY:
r Coarse Grained or Granular soils have more than 50% of their dry weight retained on a 8200 sieve; they are
described as: boulders, cobbles, gravel or sand. Fine Grained soils have less than 50%of their dry weight retained
on a 8200 sieve; they are described as: clays or clayey silts If they are cohesive and silts if they are non -cohesive.
In addition to gradation, granular soils are defined on the basis of their relative in -place density and tine grained
soils on the basis of their strength or consistency and their plasticity. -
Major
Descriptive Term
Component
01 Components Also
Percent Of
Of Sample
Size Range
Present in Sample
Dry Weight
Boulders
Over 8 in. (200 mm)
Trace
1-9
Cobbles
8 inches to 3 inches
Little
10. 19
(200 mm to 75 mm)
Gravel
3 inches to N4 sieve
Some
20 - 34
(75 mm to 4.76 mm),
Sand
#4 to 8200 sieve
And
35 - 50
(4.76 mm to 0.074 mm)
Slit
Passing #200 sieve
(OA74 mm to OL05 mm)
Clay
Smaller than 0.005 mm
CONSISTENCY OF COHESIVE SOILS:
Unconfined Compressive
Strength, Ou, tsf
Consistency
< 0.25
Very Soft
0.25.0.49
Soft
0.30-0.99
Medium (Firm)
1.00. 1.99
Stiff
2.00-3,99
Very Stiff
4-00.8,00
Hard
> 8,00
Very Hard
RELATIVE DENSITY OF GRANULAR SOILS:
N— blows per ft. Relative Density
0-3
Very Loose
4-9
Loose
10-29
Medium Dense
30-49-
Dense
so - so
Very Dense
30+
Extremely Dense
.wit•
SVA
'.Y