SW8101018_HISTORICAL FILE_20111201

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 101018
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2.O
YYYYMMDD

PIMA
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
December 1, 2011
Robert E. Langdon, II
RHGC Investments, LLC
223 Highway 70 East, Suite 100
Garner, NC 27529
Division of Water Quality
Coleen H. Sullins
Director
Subject: Approved Plan Revision
Cape Fear Dialysis
Stormwater Project No. SW8 101018
New Hanover County
Dear Mr. Langdon:
Dee Freeman
Secretary
On October 28, 2011, the Wilmington Regional Office received a plan revision for Stormwater
Management Permit Number SW8 101018. The revisions include reallocating 216 square feet of
impervious area for future building expansion towards a proposed generator building located adjacent to
the proposed dumpster enclosure. The total amount of BUA allowed for future development has been
reduced from 4,720 square feet to 4,504 square feet. In addition, a driveway entrance has been removed
with this Plan Revision but the allowable BUA for the asphalt parking I streets category has not been
reallocated to future BUA at this time per engineer's request.
It has been determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans for your files. Please replace the old approved plan
sheet(s) with the new one(s).
Please be aware that all terms and conditions of the permit issued on November 29, 2010, remain in
full force and effect. Please also understand that the approval of this revision to the approved plans
for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this
project must be approved through this Office prior to construction. The issuance of this plan revision
does not preclude the permittee from complying with all other applicable statutes, rules, regulations or
ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval
prior to construction.
If you have any questions concerning this matter, please do not hesitate to call Georgette Scott or me at
[phone].
Sincerely,
a.
Ste us / i Environmental Engineer
GDS\sgp:
S:\WQS\STORMWATER\Permits & Projects\2010\101018 HM2011 12 permit_pr 101018
cc: Phil Tripp, PE — Tripp Engineering, P.C.
New Hanover County Building Inspections
Wilmington Regional Office File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, Noah Carolina 28405
Phone: 91C-798-72I51 FAX: 910-350 M041 Customer Service: 1-877823-8748
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Internet h 1p-Hportal.ncefenr.org
Alaturally
do Equal Cppodumh `. Afflumanve Adicn Fmplmer

DWQ USE ONLY
Date Received
Fee Paid (express only)
Permit Number
12 '%
8/Ol0/
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SWI01018
2. Project Name:
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
4. Print Owner/Signing Official's name and title (person legally responsiblefor permit):
Robert E. Langdon II
5. Mailing Address for person listed in item 2 above:
223 Highway 70 East, Suite 100
City:Garner State:NC Zip:27529
Phone: (919 ) 662-1001
li � � II•\►�:i�Ti6YL�7►ii►iY�]�I:V Y (�7►1
Fax: (919 ) 662-1002
1. Summarize the plan revision proposed (attach additional pages if needed):
Reallocated 216 sf of imperfious area for the future building expansion (previously permitted) towards a
proposed generator building located adjacent to the proposed dumpster enclosure.
III. ' SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the DWQ Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
fee of $500.00 (made payable to NCDENR) Al A
VI. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in General Information, item 3) Robert E. Langdon II
certify, that I have authorized these plan revisions and that the information included on this plan revision
application is, to the best of my, knowledge, correct and complete.
Date: 10 —IZ6 1f
Plan Revision Form Rev 13July20I0 Page I of l

Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, November 29, 2011 4:32 PM
To: 'Phil Tripp'
Subject: RE: SW permit - Cape Fear Dialysis
10-4.
I will go ahead and process it "as is" and make a note in the permit cover letter that a driveway entrance has been
removed with this Plan Revision but the allowable BLIA has not been reduced in the permit for the asphalt parking /
streets category. This will serve as a reminder that it's in there.
Regards,
Steve
From: Phil Tripp Lailto:Dtripmaa ec.mcoml
Sent: Tuesday, November 29, 2011 4:22 PM
To: Pusey, Steven
Subject: RE: SW permit - Cape Fear Dialysis
Steven,
Please place in the "future" category. We can provide revised plans at a later date if ever necessary.
Thankyou,
Phil
From: Pusey, Steven fmailto:steven.puseyaa ncdenr.aovl
Sent: Wednesday, November 23, 2011 3:18 PM
To: Phil Tripp
Subject: RE: SW permit - Cape Fear Dialysis
Please advise if you want to revise your Plan Revision. I can include the reallocation in this plan revision or you can wait
until later. You can allocate the amount as "future buildings" or whatever.
If you want to revise it, we will need revised copies of sheet C1 with revised site data.
Let me know first of next week.
Happy Thanksgiving!
Steve
From: Phil Tripp fmailto:otrioDCalec.rr.com1
Sent: Wednesday, November 23, 2011 2:03 PM
To: Pusey, Steven
Subject: RE: SW permit - Cape Fear Dialysis
Steve,
Thank you for being so observant. We definitely want to keep as "future" even though we probably won't need it.
Thank you,
Phil

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From: Pusey, Steven[mailto:steven.pusey(ancdenr.aovl
Sent: Wednesday, November 23, 2011 1:51 PM
To: Phil Tripp
Subject: SW permit - Cape Fear Dialysis
Importance: High
Phil,
After just quickly reviewing the plan revision for the subject stormwater permit, it looks like you are reducing the asphalt
parking / streets by removing one of the driveways. If so, would you like to have this amount credited to future
allocation?
Please advise ASAP.
Thanks,
Environmental Engineer
NCDENR - Div. of Water Quality
Surface Water Protection
Ph [phone] / Fax [phone]
`M Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties.
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Completeness Review Checklist
Project Name: l,f4E �flok A K,?e, 15 Received Date: 08 OCT r�b I i
Project Location: Nli Lihlrsf Accepted Date: 0 t\
Rule(s) [315008 Coastal El1995 Coastal Phase II (WiRO) Universal �1988 Coastal
Type of Permit: New or Mod or PR I Existing Permit # (Mod or PR): PE Cert on File?
Density: worm Type: Commercial or Residential FJNCG:
%: n(% 0Q) Stream Class: MSA Map nOffsite to SW8
Paperwork ^� _
MSupplement(s) (1 original per BMP) BMPType(s): �LQ� \s51nN11—
MO&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
Application with correct/original signatures
❑Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer:
F-1$505 (within 6mo)
Soils Report with SHWT
Calculations (signed/sealed)
obvious errors
)Density includes common areas, etc
Deed Restrictions, if subdivided:
"Signed & Notarized
Correct Template (Comm/Res & HD/LD) or Dec.
Covenants & Rest
Plans
M2 Sets
Details (roads, cul-de-sacs,
curbs, sidewalks, BMPs, Buildings, etc)
Grading
Wetlands: Delineated
or No Wetlands
Vicinity Map
Layout (proposed BUA dimensions)
Legend
ElDA Maps
Project Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
MPE Cert for Master Lot #:
SHWT:
El Deed Rest for Master Lot # Matches Master
Bottom:
�SHWT:
PP:
BUA Permitted (Master): sf
Visited:
BUA Proposed (Offsite): sf
Additional Information:
Permitted
Proposed:
Proposed: Proposed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)

Job No. 10027
Date: 10/28/11
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] • FAX: [phone]
Email: [e-mail]
LETTER OF TRANSMITTAL
To: NCDENR RECD QC i 2 8 ZQ11
Attention: Kelly Johnson
Subject: Cape Fear Dialysis SW8 101018
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( X ) Other
Copies Item No Description
1 Plan Revision Application
2 C2 Details and Notes
These are transmitted as checked below:
( ) For Approval ( X ) For Your Use ( ) Sign & Return ( ) Review
Remarks: Please contact us if you need any additional information. Thank you
Signed: Lee Galloway

Job No. 10027
Date: 09/27/11
0
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] • FAX: [phone]
Email: [e-mail]
To: NCDENR LETTER OF TRANSMITTAL % D SE f} 3 G' c011
Attention: Kelly Johnson
Subject: Cape Fear Dialysis SW8 101018
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( X ) Other
Copies Item No. Description
1 Engineer's Certification
These are transmitted as checked below:
( ) For Approval ( X ) For Your Use ( ) Sign & Return ( ) Review
Remarks: Please contact us if you need any additional information Thank you
IV-*
Signed: Lee Galloway

NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
230 Government Center Drive • Suite 160
RECt D JUN 14 201tWi►mington, North Carolina 28403
`7 TELEPHONE [phone] Beth E. Wetherill, C.P.E.S.C.
Fax [phone] Soil Erosion Specialist
May 12,2011 IUI�
� w�l
Neuse River Corporation
1435 Highway 258 North,
Kinston, North Carolina 28501
RHGC Investments,LLC
223 Highway 70 East, Suite 100,
Garner, North Carolina 27529
CERTIFIED
RE: Notice of Violation of Land Disturbing Activit
Grading Permit Number: 24-10,Cape Fear Dialysis
3005 Enterprise Drive, Wilmington, North Carolina
Location/Description of Violation(s): Land disturbing activity has taken place
outside the approved limits of disturbance and the stormwater pond has not been
completely installed and stabilized per the land disturbing permit or prior to
creating impervious surface onsite.
Dear Mr. Robert E. Langdon II:
This letter constitutes Notice of Violation of Section 23-237(4), Section 23-243,
Section 23-248(b), Section 23-248(i) and Section 23-248 0). Please refer to Section(s) 23-
250(a), Section 23-250 (b), Section 23-250 (c), Section 23-250 (d), Section 23-251(a)(1),
Section 23-251(a)(2), Section 23-251 (a) (3), Section 23-251 (a) (4), Section 23-251 (b),
Section 23-252 (a) and Section 23-252 (b) of the New Hanover County's Soil Erosion and
Sedimentation Control Ordinance for penalties prescribed by this ordinance.
Section 23-237 Mandatory standards for land disturbing activity
No land disturbing activity subject to the control of this Article shall be undertaken except
in accordance with the following mandatory standards:
(4) Prior plan approval. No person shall initiate any land disturbing activity that will
disturb more than one acre on a tract unless 30 or more days prior to initiating the
activity, an erosion and sedimentation control Plan must be both filed with and approved
by the county. Once a plan has been approved, the land disturbing activity must be
conducted in accordance with the plan and permit conditions. The county shall forward
to the Director of the Division of Water Quality a copy of each erosion and sedimentation

to the Director of the Division of Water Quality a copy of each erosion and sedimentation
control plan for a land disturbing activity that involves the utilization of ditches for the
purpose of dewatering or lowering the water table of the tract.
Section 23-243 Responsibility for maintenance
During the development of a site, the person conducting the land disturbing activity shall
install and/or maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved Plan, permit conditions or any provision of this
Ordinance, the Act, or any other order adopted pursuant to the Ordinance or the Act.
After site development, the land owner or person in possession or control of the land shall
install and/or maintain all necessary permanent erosion and sediment control measures,
except those measures installed within a road or street right of way or easement accepted
for maintenance by a governmental agency.
Section 23-248 Erosion and sedimentation control plans
(b) Persons conducting land disturbing activity on a tract which covers one or more areas
shall file three copies of the erosion control plan with the county at least 30 days prior to
beginning such activity and shall keep another copy of the approved plan and a posted
copy of the permit at the job entrance, or on the job site before construction begins. No
land disturbing activity is allowed until both the land disturbing permit and, if applicable,
a County Stormwater ATC permit has been approved. After approving the Plan, if the
county either upon review of such plan or inspection of the iob site, determines that a
significant risk of accelerated erosion or offsite sedimentation exists or if design changes
have been made to the original plan, the county will require a revised Plan. Pending the
preparation of the revised plan, work shall cease or shall continue under conditions
outlined by the approved plan and/or appropriate regulatory authority.
(i) Applications for amendment of an erosion control plan in written and/or graphic form
may be made at any time under the same conditions as the original application. Until
such time as said amendment is approved by the county, the land disturbing activity
shall not proceed except in accordance with the erosion control plan as originally
approved.
0) Any person engaged in land disturbing activity who fails to file a Plan in accordance
with the Ordinance or who conducts a land disturbing activity except in accordance with
provisions of an approved Plan and/or the permit conditions shall be deemed in violation
of this article.
Section 23-250 Inspections and investigations
(a) Agents and officials, or other qualified persons authorized by the county, will
periodically inspect the sites of land disturbing activity to ensure compliance with the Act,
this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to
determine whether the activity is being conducted in accordance with the Plan and
whether the measures required in the Plan are effective in controlling erosion and
sediment resulting from land disturbing activity. Notice of the right to inspect shall be
included in the notification of Plan approval.

(b) If through inspection it is determined that a person engaged in land disturbing activity
has failed to comply with the Act, this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance, or has failed to comply with an approved Plan or permit
conditions, a notice of violation shall be served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice. The notice shall set forth
the measures necessary to achieve compliance with the Plan, specify a reasonable time
period within which such measures must be completed, and warn that failure to correct
the violation within the time period will result in additional civil and criminal penalties for
a continuing violation. However, no time period for compliance need be given for failure
to submit an erosion control Plan for approval or for obstructing, hampering or interfering
with an authorized representative while in the process of carrying out his official duties.
If the person engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated.
(c) The county shall have power to conduct such investigations as it may reasonably
deem necessary to carry out its duties as prescribed in this article, and for this purpose to
enter at reasonable times upon any property, public or private, for the purpose of
investigating and inspecting the sites of any land disturbing activity. No person shall
refuse entry or access to any authorized representative or agent of the county who
requests entry for purposes of inspection and who presents appropriate credentials; nor
shall any person obstruct, hamper or interfere with any such representative while in the
process of carrying out his official duties.
(d) The county shall also have the power to require written statements, or the filing of
reports under oath, with respect to pertinent questions relating to land disturbing
activity.
Section 23-251 Penalties
(a) Civil penalties.
(1) Any person who violates any of the provisions of this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, or order adopted or issued
pursuant to this Ordinance or the Act by the commission, or who initiates or
continues a land disturbing activity for which an erosion control Plan is required
except in accordance with the terms, conditions, and provisions of an approved
plan, shall be subject to a civil penalty. The maximum civil penalty for a violation
is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the
violation. Each day of a continuing violation shall constitute a separate violation.
The person alleged to be in violation will be notified of the violation by registered or
certified mail, return receipt requested or other means reasonably calculated to
give actual notice. The notice shall describe the violation with reasonable
particularity, specify a reasonable time period within which the violation must be
corrected, and warn that failure to correct the violation within the time period will
result in the assessment of a civil penalty or other enforcement action. If, after the
allotted time period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the date of the notice of violation. However, no
time period for compliance need be given for failure to submit an erosion control
Plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties.

0
(2) The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing
the penalty. In determining the amount of the penalty the County Manager or his
designee shall consider the degree and extent of harm caused by the violation and
the cost of rectifying the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the prior record
of the violator in complying or failing to comply with this article and shall direct the
violator to either pay the assessment or contest the assessment within 30 days
after the receipt of the notice of assessment, by filing a petition for a contested case
in the Office of Administrative Hearing in accordance with Article 3 of Chapter
150B of the General Statutes. Notice of the assessment shall be by registered or
certified mail or other means reasonably calculated to give actual notice.
(3) Any appeals from the determination of the Office of Administrative Hearing
shall be made by the Secretary of the Department of Environment and Natural
Resources in accordance with Articles 3 and 4 of Chapter 15013 of the General
Statutes. Appeal from the final decision of the Secretary of the Department shall be
to the Superior Court of the county where the violation occurred. Such appeals
must be made within 30 days of the final decision of the Secretary of the
Department of Environment and Natural Resources. If payment is not received or
equitable settlement reached within 30 days after demand for payment is made, the
matter shall be referred to the county attorney for institution of a civil action in the
name of the county in the appropriate division of the general courts of justice for
recovery of the penalty. A civil action must be filed within three years of the date
the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is
due at the conclusion of the administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this article shall be credited to the general
fund of the county as nontax revenue.
(b) Criminal Penalties. Any person who knowingly or willfully violates any provision
of this article, or rule or order adopted or issued pursuant to this article, or who
knowingly or willfully initiates or continues a land disturbing activity for which an
erosion control plan is required except in accordance with terms, conditions, and
provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which
may include a fine not to exceed $5,000.00 per calendar day.
Section 23-252 Injunctive relief
(a) Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or proceeding
authorized by this article, institute a civil action in the name of the county, for injunctive
relief to restrain the violation or threatened violation. The action shall be brought in the
superior court of the county.
(b) Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to abate the violation

to ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any party to
such proceedings from any civil or criminal penalty prescribed for violations of this article.
Corrective measure(s) needed and Time to Comply: Within twenty working days of
receipt of this Notice of Violation you must complete and stabilize the stormwater pond,
it's outlet structure and associated offsite drainage and submit revised plans for the land
disturbing activity that has taken place outside the originally approved limits of
disturbance.
A civil penalty in the amount of $5,000 has automatically been assessed for this violation.
If the deadlines for corrective measures are not met, an additional daily $5,000 civil
penalty will be assessed. Once the plans have been approved and the Land Disturbing
Permit has been issued, you will have the opportunity to appeal this assessment. You
can contact me at [phone] regarding the required compliance action or to request
an appeal of this Notice of Violation once all repairs have been made onsite and/or the
plans have been approved.
Sincerely,
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Chris Coudriet, Assistant County Manager
Jim Iannucci, P.E., County Engineer
Kemp Burpeau, NHC Deputy County Attorney
Mark Boyer, NHC Public Information
Hattie Moore, NHC Zoning
Jo Casmer, NCDENR Water Quality