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Home My WebLink AboutSW7091023_COMPLIANCE_20091221STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWL��O DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE I COMPLIANCE EVALUATION INSPECTION DOC DATE(fj%�a/ YYYYMMDD ,. .. Y. ,., A 1_. ', � � � � • ( � J Beverly Eaves Perdue, Governor Dee Freeman, Secretary' North Carol in a Department of Environment and Natural Resources J O � -q December 21, 2009 Rawls & Associates, LLC Attn: Mr. Jeryl S. Rawls PO Box 220 Washington, NC 27889 Subject: Stormwater Review SW7091023 Cherry Run Shopping Center Beaufort County Dear Mr. Rawls: Coleen H. Sullins, Director Division of Water Quality In May of this year, this office received an inquiry relating to a proposed development adjacent to the Cherry Run Shopping Center (see copy of attached letter). Due to this inquiry, staff conducted a site inspection that resulted in a Notice of Violation dated October 2, 2009 (copy attached). We received your request for a Name/Ownership change for the subject project on October 14, 2009. In order to complete your application, and before a permit can be issued, the following items must be addressed: 1. The application must be signed by the owner, or legal representative. 2. Details regarding changes to the site, along with revised (as built) plans, must be provided. 3. An engineers certification is required. 4. Signed operation & maintenance agreement is required. 5. Discussion and records of maintenance activities required to resolve NOV. The above requested information must be received in this office by January 21, 2010, or your request will be considered incomplete. If the as built plans show permanent modifications to the site, then a complete application along with a $•505 fee will be required. If you have questions, please feel free to contact me at (252) 948-3919, or you can send a message to: bill.moore@ncdenr.gov. Sins cerely, William J. Mo Environmental Engineer Washington Regional Office cc: Amy Adams, DWQ, WARO Beaufort County Planning/Inspections Washington Regional Office Mailing Address ' Phone (919) 807-6300 Location Nod-Careth olina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. of th Car llf Raleigh, NC 27699-1617 Raleigh, NC 27604 A/W Internet: www.ncwnlerguality.org Customer Service 1-877-623-6748 An Equal OpportunitylAf innative Action Employer— 50% Recycled110% Post Consumer Paper lee NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Hood Richardson, PA Attn: Mr. Hood Richardson 110 West Second Street Washington, NC 27889 Dear Mr. Richardson: Division of Water Quality Coleen H. Sullins Director June 24, 2009 wa Kn Natural Resources Subject: New Commercial Development Beaufort County Dee Freeman Secretary Our office received your letter dated May 28, 2009 regarding a potential new development. Your letter indicated that a new commercial development may be located on a lot adjacent to the Cherry Run Shopping Center, and that the stormwater runoff could be routed to the existing wet pond system. In addition, you provided survey plats and calculations to support the position that the stormwater runoff could be adequately handled in the wet pond. i reviewed our files, along with the information you provided, and conducted a site visit on June 17, 2009. Following is a list of issues/questions that need to be addressed before any new built -upon areas, or additional runoff to the existing wet pond system can be allowed. First, a Stormwater Certification was issued to J. M. Kane & Associates on July 18, 1989 for a commercial shopping center to be located at the corner of US264 Bypass & West Fifth Street in Washington, NC. The project allowed 8.31-acres of impervious area on an 1 l -acre site and a 0.7 -acre wet pond system. A portion of the project has been completed, including a Food Lion Store, a Furniture Store and the wet pond system. We have learned that modifications have been made to the wet pond system, and that ownership has changed. The current owners must obtain a stormwater permit for the existing wet pond system, including any modifications, prior to accepting any additional storml,vater flows into the pond. Second, our site visit revealed several maintenance issues with the wet pond system; including, (1) evidence of excessive sediment build-up in portions of the pond, (2) excessive woody vegetation, and (3) outlet/orifice elevations inconsistent with the original design parameters. These maintenance issues need to be further defined and resolved once the current owners obtain a permit. North Carolina Division of Water Quality 943 Washington Square Mall Washington, INC 27889 An Eaual O000eunity 1 Afianative Action Emnlover Internet: wm.nmaterquality.org Phone: 252-946-64811 FAX: 252-946-9215 FAX: 252-946-9215 NorthCarolina Naturally Hood Richardson, PA June 24, 2009 Page Two Third, based on information from previous site visits by Mr. Roberto Scheller, Water Quality staff, Washington Regional Office, the proposed development would be located on a lot that has existing vegetated buffers regulated by the Tar -Pamlico Buffer Rules. In fact, Mr. Granville Lilley, (current lot owner) has been advised of the buffer issues involved with his project and is currently seeking concurrence from the Division regarding a "vested rights" issue. In summary, the current owners of the shopping center and wet pond must obtain a stormwater permit and perform the necessary maintenance. The buffer issues relating to this lot must be resolved by the current owner(s) prior to any development activity. Copies of this letter will be provided to all parties involved with these issues. If you have any additional questions, please feel free to contact our office at (252)946-6481. Sincerely, Bill Moore, Environmental Engineer Division of Water Quality Washington Regional Office cc: Mr. Jeryl S. Rawls Mr. Granville Lilley Mr. Al Hodge, DWQ, Washington Office Mr. Roberto Scheller, DWQ, Washington Office ,,,WT'ARO 4 �cua MCD North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary October 2, 2009 CERTIFIED MAIL #7009 0080 0000 5654 8767 CERTIFIED MAIL 47009 0080 0000 5654 8774 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Rawls & Associates Development Company LLC Glass Properties, LLC Jeryl Rawls Robert Garrett PO Box 220 1851 Telfair Street Washington NC 27889 Dublin GA 31021 Subject: STORMWATER MANAGEMENT PERMIT —REQUIRED SUBMITTALS Lot 1-Cherry Run Associates Pt. Lot 2- Cherry Run Associates Cherry Run Shopping Center Beaufort County Dear Mr. Rawls and Mr.Garrett: This letter is to notify you that you are currently in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to secure a Stormwater Management Permit. On June 17, 2009, Bill Moore and Amy Adams of the Washington Regional Office inspected the site and observed impervious surfaces installed on the subject development site known as Cherry Run Shopping Center located at 1706 US 264 West, Beaufort County, North Carolina. A review of DWQ files confirmed that a State Stormwater Management Permit was issued to J.M. Kane & Associates for this site. However; no State Stormwater Management Permit has been issued to the current property owners of record at the subject site as described above. State Stormwater Permits are not transferrable and require a request for name/ownership change to be approved by DWQ. In addition, there are maintenance issues with the wet pond that must be addressed. These maintenance issues need to be further defined and resolved once the current owners obtain a permit. As a result of the site inspection and file review, the following issues must be remedied: Failure to Obtain a State Stormwater Management Permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DWQ file review confirms that a State Stormwater Management Permit has not been issued to the property owners of record for Cherry Run Shopping Center -Lot 1 and Lot 2. North Carolina Division of Water Quality Intemet: www.ncwateroualitv.oro 943 Washington Square Mall Phone:.252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal OpportunitylARnnative Action Employer- 50% Recycledli 0% Post Consumer Paper NorthCarolina Naturally Required Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and should address the following items: 1. The Owners of Lot 1 (Food Lion Shopping Center and Wet Pond) should complete the enclosed Name/Ownership Change Form to transfer the existing permit into the current property owner's name including any modifications to the system which occurred since the time of original permit. Please note that a Designer's Certification is also required. 2. The Owners of Lot 2 (Farmer's Furniture site) should apply for an "off -site permit" with the enclosed application and supplement form for their impervious areas being treated in an offsite permitted stormwater facility. Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the issues, as detailed above, be properly resolved. Should you have any questions regarding these matters, please contact either Bill Moore or myself at (252) 946-6481. Sincerely, OXW Amy Adams, Stormwater Compliance Surface Water Protection Section Washington Regional Office Enclosures: Name/Ownership Change Form Designer's Certification Form Permit Application and Off -site Supplement Form cc: Hood Richardson, P.A. , ^aRO Files Central Office Files Required ResDOase This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address and should address the following items: l . The Owners of Lot 1 (Food Lion Shopping Center and Wet Pond) should complete the enclosed Name/Ownership Change Form to transfer the existing permit into the current property owner's name including any modifications to the system which occurred since the time of original permit. Please note that a Designer's Certification is also required. 2. The Owners of Lot 2 (Farmer's Furniture site) should apply for an `oft -site permit" with the enclosed application and supplement form for their impervious areas being treated in an offsite permitted stormwater facility. Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. ve, be ly resolved. Should ou quest ons regarding these matterires that the s, please contact eeitherBill Moore orrmyself at (252) 946-6481 have any Sincerely, QAfyLA%dams Stormwater Compliance Surface Water Protection Section Washington Regional Office Enclosures: Name/Ownership Change Form Designer's Certification Form Permit Application and Off -site Supplement Form cc: od Richardson, P.A. aRO Files Central Office Files North Carolina Secretary of State hap://www.secretary.state. rc.us/corporations/Corp.aspx?PiterWd=7791.508 Elaine F. Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 1328 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division — TOOLS North Carolina UEPARTMEN ty- OFTHE SECRETARYOF STATE PO Box 29622 Raleigh. NC 2762"622 (919)807-2000 Date: 10/1/2009 Click here to: View Document Filings i Sign Up for E-Not--rfications I JPrint apre-populated Annual Report Form I Annual Report Count i File an Annual Report I Corporation Names Name Name Type NC Rawls & Legal Associates Development Company, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0793345 Current -Active 7/20/2005 Domestic NC Perpetual Rawls, Jerry S. 2533 West Fifth Street Washington NC 27889 PO Box 220 Washington NC 27889 2533 West Fifth Street Washington NC 27889 PO Box 220 Washington NC 27889 I of 2 10/1/2009 10:33 AM North Carolina Secretary of State http://www.secretary.state.nc.ustcorpomfiors/Corp.asp? ?Pitemld=5592026 Elaine F. Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS North Carolina DEPARTMENT OF THE SECRETARYOF STATE PO Box 29622 Raleigh, NC 27626-0622 t919)607-2000 Date: 10/1/2009 Click here to: View Document Filings i Sign Up for E-Notifications I %IPrint apre-populated Annual Report Form i Annual Report Count i File an Annual Report I Corporation Names Name Name Type NC Glass Legal Properties, LLC Limited Liability Company Information SOSID: 0655840 Status: Current -Active Date Formed: 12/12/2002 Citizenship: Foreign State of Inc.: GA Duration: Perpetual Registered Agent Agent Name: CT Corporation System Registered 150 Fayetteville St., Box Office Address: 1011 Raleigh NC 27601 Registered 150 Fayetteville St., Box Mailing 1011 Address: Raleigh NC 27601 Principal Office 1851 Telfair Street Address: Dublin GA 31021 Principal 1851 Telfair Street Mailing Dublin GA 31021 Address: oft I0/1/2009 10:32 AM LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY Glass Properties, LLC SECRETARY OF STATE L.L.C. ID NUMBER: 0655840 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: CT Corporation System REGISTERED OFFICE MAILING ADDRESS: 150 Fayetteville St., Box 1011 Raleigh, AC 27601 E-Filed Annual Report -1-0-5592026 For year 2009 Do not data enter manually. STATE OF INCORPORATION: GA REGISTERED OFFICE STREET ADDRESS: 150 Fayetteville St., Box 1011 Raleigh, NC 27601 Wake County PRINCIPAL OFFICE TELEPHONE NUMBE t (800) 876 62 PRINCIPAL, OFFICE MAILING ADDRESS: 1851 Teljair Street lhtblin, CA 31021 PRINCIPAL OFFICE STREET ADDRESS: 1851 Teljair Street Dublin, GA 31021 MANAGER StMEMBERS/ORGANIZERS: Name: Shirley Glass Title: Manager Address: 2660 Peashiree Rd. NTV Condo 31E CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Shirley Glass FORM MUST BE SIGNED BY A MANAGER/MEMBER Shirley Glass 03/302009 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secrdary of State • Carporatiu Division • Post Otlxe Box 29525 • Raleigh, NC 27626-0525 000912000992 SOSID: 0793345 Date Filed: 4/30/2009 2:53:00 PM LIMITED LIABILITY COMPANY Elaine F. Marshall r ANNUAL REPORT North Carolina Secretary of State e C200912000982 NAME OF LIMITED LIABR.ITY COMPANY: Rawls & Associates Development Camprmy..L LC� STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER- 0793345 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: Rawls. Jerry S REGISTERED OFFICE MAILING ADDRESS: PO Box 220 Washington, NC 27889 REGISTERED OFFICE STREET ADDRESS: 2533 West Filth Street Washington, NC 2 7889 Beaufort County SIGNATURE OF THE NEW REGISTERED AGENT: tt •• �r .1' "r 1 " PRINCIPAL OFFICE TELEPHONE NUMBER: (252�) 946-9219 PRINCIPAL OFFICE MAILING ADDRESS: PO Box 220 Washington, NC 27889 PRINCIPAL OFFICE STREET ADDRESS: 2533 West Ftjth Street Washington, NC 27889 MANAGERS/MEK4HERS/ORGANIZERS: Natne:Clarence APawls Iff Name: JerrySRawls Title: Manager Title: Manager Address: Address: 3105 Star Hill Farm Rd JJOMan O WarDrive Greenville, NC 27858 Washington, NC 27889 OF ANNUAL REPORT MUST BE COMPLETED BY ALL LDAITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A MANAGERAffA HER 01113109 DATE Mcm xr Manage'(' TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TQ Seaemy of State • Capor>mom Di mmoo • Pod Ofce Boa 29525 • Raleigh, NC 27626-0523