HomeMy WebLinkAboutSW8950818_HISTORICAL FILE_20211112STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 C g I R
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 az 1 till
YYYYMMDD
Burd, Tina J
From: Burd, Tina 1
Sent: Thursday, November 4, 2021 2:03 PM
To: sarmstrong@kminc.net
Subject: SW8 950818 - Landfall Center Lots 5F & FG
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on November 1, 2021. The project
has been assigned to Ashley Smith and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
:L'•.,:n...wew�\ ,+ram✓
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Website: http://deo.nc.eov/about/divisions/enerev-minera l-land-resources/stormwater
Based on the current guidance to minimize the spread of CO V ID-tq, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.
Non -Transfer Application Completeness Review Checklist
Project Name: CrL ITZ 6F 5G
Project County/Location: - q EJ ,/ ML',Rd, ,
Permit Action: New New Permit #2:
Not located in the ETJ of the following delegated
Date Delivered to WIRO. 111 1
zo L
RIMS Received/Accepted Date: 0
Lo 24
Date Given to Admin: Z2Z';�'
BIMS Acknowledged Dates. (�
and functioning programs:
NHC. Carolina Beach / Kure Beach / Wilmington
/ Wrightsville Beach
Bruns: Leland / Navassa (7) / Oak Island
Cart: Emerald Isle Onsk Jacksonville Pend:
Surf City
Major Mod / Minor Mod / enewal
El Existing Permit #:
r5� r7 9 cs 8g C)
Applicant & Permittee are the same?3
Expiration Date°:
'L /
Permit Type: / LD / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt + Redevelopment
ElOffsite to SWB:
Development Typ �,al / Residential / Other
�Is Offsite Lot approved in Master Permit?s
Subdivided?: ubdivi r Single Lot
Rule(s): �2017 Coastal FT008 Coastal ®1995 Coastal
Phase II Universal ID1988 Coastal
Permittee Type & Documents Needed:
mProperty Owner(s) MPurchaser Lessee
[_]HOA
Developer
I QViable? Viable?
OViable?
Viable?
LQViable?
10Deed Purchase Agmt Lease
OElection Minutes
Paperwork
e pp
lication
Fee: 0505 (within 6mo) Check#(s): 2,0 Z [--]No Fee
❑Supplement' (1 new form or for older forms: 1 original per SCM)
F-1O&M 2
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdivided=
Project Narrative
FlUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans (2 Sets)
NOTES:
1Enter RIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit # on Supplements & Deed Restriction Templates
3 If permittee is different, STOP. Needs to be transferred first.
"If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first
slf Lot not approved in master permit, STOP Master permit needs mod.
EMAILED ENGINEER DATE:
REVIEWER NAME: A O L ey
Comments:
G: W Q\\\Reference Libra ry\Procedures\Checklists\Completenass Review Checkli5t_202109 08
Steven R. Armstrong CPA
October 22, 2021
NC Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: State Stormwater Management Permit No. SW8 941017
State Stormwater Management Permit No. SW8 950818
Dear Sir or Madam:
F
)VO
I am writing in regards to the above referenced Stormwater Management Permits and in response to
the enclosed October 13, 2021 letter from your Department.
In an effort to be as responsive as possible, I provide, on behalf of Landfall Ventures, LLC ("Landfall
Ventures"), the following information for each permit:
State Stormwater: Permit Information Update Application Form (1 page), and
State Stormwater. Permit Renewal Application Form (Pages 1-3 and the $505 check).
You will note that Thomas S. Kenan III has been listed and signed/initialed as the current permittee as
he is a manager of the LLC. To provide further clarification, I wanted to provide some additional
information on Landfall Ventures. Landfall Ventures is a one member LLC, with the one member
being the Frank H. Kenan 1988 Trust. As a North Carolina CPA, i attest that Thomas S. Kenan is a
Trustee of that Trust and can act on its behalf of it as well as on behalf of Landfall Ventures.
To provide support for the permit application update and permit renewal, I am providing the following
documentation as support of this ownership structure:
• The Articles of Organization, which provides date of tiling 12/4/2000,
• Select Pages of the Operating Agreement, which references the dating of Articles (page 1), the
name (page 2), and the member (page 3),
• The most recent Limited Liability Annual Report (filed on 3/18/2021) that lists the manager of
the LLC as The Frank Hawkins Kenan 1988 (Trust would not fit), and
• Page 1 of the Amended and Restated Frank Hawkins Kenan 1988 Trust Agreement, which
provides evidence of Thomas S Kenan III as a Trustee.
I hope this is sufficient to renew the permits; however, don't hesitate to call me at 919-967-0618 if you
need anything else.
Since e ,
Steven R. Armstron P
Suite 525, 100 Europa Drive, Chapel Hill, NC 27517
NORTH CAROLINA
AMENDED AND RESTATED
FRANK HAWKINS KENAN 1988 TRUST AGREEMENT
DURHAM COUNTY
THIS AGREEMENT, made this [-N day of A t 1994, is an
amendment and complete restatement of the Revocable Trust
Agreement originally executed on July 13, 1988, and subsequently
amended on June 6, 1991, August 26, 1992, and again on May 27,
1993, by and between me, FRANK HAWKINS KENAN, as Grantor, and my
wife, ELIZABETH PRICE KENAN, and my son, THOMAS S. KENAN, III, as
Trustees.. I make this amendment and restatement under powers I
reserved to make such amendments and the Trustees execute this
agreement to evidence their written consent to the amendment and
restatement. The assets subject to the terms of this Amended and
Restated Revocable Trust Agreement are to be administered as
follows:
ARTICLE I
Transfer of Trust Corpus. I have transferred to the Trustee
certain assets to the Trustee under the terms hereof and may
hereafter transfer additional assets to the Trustee from time to
time and may hereafter designate the Trustee as beneficiary of
certain death benefits and proceeds. The Trustee has agreed to
accept on the terms hereinafter provided the property so
transferred.
ARTICLE II
Distribution During my Lifetime. During my lifetime, my
Trustees shall receive, hold, manage and invest any and all
NOV 01 2021
SOSID: 572301
Date Filed: 12/4/2000 11:00 AM
Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF ORGANIZATION
203399007 OF
LANDFALL VENTURES, LLC
Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned person
submits these Articles of Organization for the purpose offfiiming a limited liability company.
The name of the limited liability company is LANDFALL VENTURES, LLC.
2. The name and address of the person executing these Articles of Organization is as
follows:
Braxton Schell
Schell Bray Aycock Abel & Livingston PLLC
230 N. Elm Street, Suite 1500
Greensboro, North Carolina 27401
The undersigned is executing these Articles of Organization in the capacity of an
organizer.
3. The street address of the initial registered office of the limited liability company is
230 N. Elm St., Suite 1500 Renaissance Plaza, Greensboro, Guilford County,
N.C. 27401, the mailing address of the initial registered office of the limited
liability company is P.O. Box 21847, Greensboro, N.C. 27420 and the initial
registered agent at such address is Braxton Schell.
4. This is a member -managed limited liability company. All of the members of the
limited liability company shall be managers by virtue of their status as members.
5. All agreements of the members constituting operating agreements of the limited
liability company shall be in writing.
6. These Articles of Organization will be effective upon filing.
This the, bey orVcx4(e 2000
Braxton Schell C 7�-F l"7-
� I .-�. - -, -
IL�oC�� mti iiC._;
NOV 0 1 2021
BY:
99151-1
Operating Agreement
Of
LANDFALL VENTURES, LLC
(A North Carolina Limited Liability Company)
DATED: January 1, 2001
NOV 0 1 2021
BY:
89533_1.DOC
Table of Contents
Page
ARTICLE I - FORMATION OF THE COMPANY......................................................................
1
L.1 Formation and General Terms.......................................................... :.............................
1
1.2 Agreement.......................................................................................................................1
1.3 Taxation.................................................................................................................
1.4 Name
......2
...............................................................................................................................2
1.5 Registered Office and Registered Agent.........................................................................
2
1.6 Principal Place of Business.............................................................................................
2
1.7 Purposes and Powers.......................................................................................................
2
1.8 Term................................................................................................................................2
1.9 Nature of Member's Interest...........................................................................................
2
ARTICLEII -DEFINITIONS.........................................................................................................
3
ARTICLE III -MANAGEMENT OF THE COMPANY................................................................
3
3.1 Management.....................................................................................................................
3.2 Other Business of the Member.......................................................................................
4
ARTICLEIV -THE MEMBER......................................................................................................
4
ARTICLE V -LIMITATION OF LIABILITY...............................................................................
4
ARTICLE VI -INDEMNIFICATION............................................................................................
4
ARTICLE VII -CAPITAL CONTRIBUTIONS.............................................................................
5
ARTICLE VIH -ALLOCATIONS.................................................................................................
5
ARTICLE IX -DISTRIBUTIONS..................................................................................................
5
ARTICLE X -DISSOLUTION AND LIQUIDATION OF THE COMPANY ..............................
5
10.1 Dissolution Events..........................................................................................................
5
10.2 Liquidation......................................................................................................................5
10.3 Articles of Dissolution....................................................................................................
6
ARTICLE XI -MISCELLANEOUS...............................................................................................
6
11.1 Records...........................................................................................................................6
11.2 Survival of Rights...........................................................................................................
6
11.3 Interpretation and Governing Law..................................................................................
6
11.4 Severability.....................................................................................................................6
11.5 Agreement in Counterparts.............................................................................................
7
11.6 Creditors Not Benefited..................................................................................................
7
11.7 Amendments...................................................................................................................7
Attachments:
Schedule I. Name, Address, Capital Contribution, and Membership Interest of the Sole
Member
NOV 01 2021
i
OPERATING AGREEMENT
OF
LANDFALL VENTURES, LLC
THIS OPERATING AGREEMENT of Landfall Ventures, LLC (the "Company"), a
limited liability company organized pursuant to the North Carolina Limited Liability Company
Act, is executed effective as of the date set forth on the cover page of this Agreement, by and
between the Person executing this Agreement as the sole Member and the Company.
WHEREAS, the Company was initially formed upon the filing of the Articles with the
North Carolina Secretary of State on December 4, 2000 by the sole organizer, and
WHEREAS, the Person listed on Schedule I has been designated by the sole organizer of
the Company as the sole Member of the Company.
NOW TIIEREFORE the sole Member of the Company desires to formalize its agreement
concerning the operations of the Company and to evidence its contribution to the capital of the
Company all pursuant to and subject to the terms and conditions of this written Operating
Agreement as it may from time to time be amended according to its terms and the parties hereto
agree as follows:
ARTICLE I - FORMATION OF THE COMPANY
1.1 Formation and General Terms. The Company was formed on December 4, 2000
upon the filing with the Secretary of State of the Articles of the Company. In the event of any
inconsistency between the Articles and this Agreement, the terms of the Articles shall govern.
The Person listed on Schedule I has been designated by the sole organizer of the Company as the
sole Member of the Company.
The Company and the Member hereby acknowledge and agree that the organizer served
in such capacity for convenience purposes only, that the organizational activities of the organizer
have been completed, and that the organizer has no liabilities or obligations of any kind to the
Company or to any Member arising from his actions or conduct in the capacity of organizer. The
Company and the Member hereby forever discharge the organizer, and the Company and the
Member shall indemnify the organizer from and against, any expense or liability actually
incurred by the organizer by reason of having been the organizer of the Company.
1.2 Agreement. The Member executing this Agreement hereby agrees to its terms
and conditions as they may from time to time be amended according to this Agreement. It is the
express intention of the Member that this Agreement and all Schedules hereto shall be the sole
source of agreement of the parties and, except to the extent a provision of this Agreement
expressly incorporates federal income tax rules by reference to sections of the Code or
Regulations or is expressly prohibited or ineffective under the North Carolina Act, this
Agreement shall govern.
9 W W-L,il
NOV 01 2021
b
BY:
1.3 Taxation. The Member and the Company intend that solely for federal and state
tax purposes and pursuant to Treasury Regulations Section 301.7701, the Company shall be
disregarded as an entity that is separate from the Member. For all other purposes (including,
without limitation, limited liability protection for the Member from Company liabilities),
however, the Member and the Company intend the Company to be respected as a separate legal
entity that is separate and apart from the Member.
1.4 Name. The name of the Company is Landfall Ventures, LLC. The Member may
change the name of the Company from time to time as it deems advisable, provided appropriate
amendments to this Agreement and the Articles are obtained and necessary filings under the Act
are first made.
1.5 Registered Office and Registered Agent. The Company's registered office within
the State of North Carolina and its registered agent at such address are set forth in the Articles
and may be changed from time to time by filing the address of the new registered office and/or
the name of the new registered agent with the Secretary of State pursuant to the Act.
1.6 Principal Place of Business. The principal place of business of the Company
within the State of North Carolina shall be at such place or places as the Member may from time
to time deem necessary or advisable.
1.7 Purposes and Powers.
(a) The purpose of the Company shall be to engage in any lawful business for
which limited liability companies may be organized under the Act, which has the
approval of the Member including, but not limited to, engaging generally in the real
estate business; acquiring, holding, developing and operating real estate properties,
whether full or fractional interests and whether improved or unimproved, either as
operator, managing agent, principal, agent, partner, stockholder, associate, joint venturer,
participant or otherwise.
(b) The Company shall have any and all powers that are necessary or
desirable to carry out the purposes and business of the Company, to the extent the same
may be legally exercised by limited liability companies under the Act.
1.8 Term. The Company shall continue in existence until it is dissolved and its affairs
wound up in accordance with the provisions of this Agreement.
1.9 Nature of Member's Interest. The interest of the Member in the Company shall
be personal property for all purposes. Legal title to all Company assets shall be held in the name
of the Company.
C@.o1�0 1m'
NOV
0 1
2021
BY:
ARTICLE II -DEFINITIONS
The following terms used in this Agreement shall have the following meanings (unless
otherwise expressly provided herein):
"Act" means the North Carolina Limited Liability Company Act, as the same may be
amended from time to time.
"Agreement" means this Operating Agreement, as amended from time to time.
"Articles" means the Articles of Organization of the Company filed with the Secretary of
State, as amended or restated from time to time.
"Code" means the Internal Revenue Code of 1986, as amended from time to time (and
any corresponding provisions of succeeding law).
"Member" means The Frank Hawkins Kenan 1988 Trust, Dated July 13, 1988, as
Amended and Restated August 17, 1994.
"Membership Interest" means the Member's entire interest in the Company including all
benefits to which the Member is entitled under this Agreement and applicable law, together with
all obligations of the Member under this Agreement and applicable law.
"Person" means an individual, a trust, an estate, a domestic corporation, a foreign
corporation, a professional corporation, a partnership, a limited partnership, a limited liability
company, a foreign limited liability company, an unincorporated association, or another entity.
"Secretary of State" means the Secretary of State of North Carolina.
"Treasury Regulations" means the Income Tax Regulations and Temporary Regulations
promulgated under the Code, as such regulations may be amended from time to time (including
corresponding provisions of succeeding regulations).
ARTICLE 11144ANAGENIENT OF THE COMPANY
3.1 Management. The Member of the Company, by virtue of its status as a member,
shall also be the manager of the Company for all purposes. All decisions with respect to the
management of the business and affairs of the Company shall be made by the Member. The
Member acting in its capacity as manager shall have full and complete authority, power, and
discretion to manage and control the business of the Company to make any and all decisions
regarding those matters, and to perform any and all other acts, which it shall deem to be
reasonably required in light of the Company's business and objectives. The Member may by
written resolution delegate responsibility for the day-to-day management of the Company to any
Person or Persons who shall have the powers and rights necessary or convenient to carry out the
Ca.o�g SPX I —
.I
NOV � � 2021 �rr
BY:
6'�`g LIMITED LIABILITY COMPANY ANNUAL REPORT
4=:. v
Iu120❑
NAME OF LIMITED LIABILITY COMPANY: Landfall
SECRETARY OF STATE ID NUMBER: 0572301
REPORT FOR THE CALENDAR YEAR: 2021
SECTION A: REGISTERED AGENT'S INFORMATION
LLC
STATE OF FORMATION: NC
1. NAME OF REGISTERED AGENT: Steven R Armstrong
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E - Filed Annual Report
CA202107700762
3/18/2021 0930
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
100 Europa Drive Suite 190
100 Europa Drive Suite 190
Chapel Hill, NC 27517-2394 Orange County Chapel Hill, NC 27517-2394
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment
2. PRINCIPAL OFFICE PHONE NUMBER: (919) 967-0618 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS
5. PRINCIPAL OFFICE MAILING ADDRESS
100 Europa Drive Suite 190 P O Box 4150
Chapel Hill, INC 27517-2394 Chapel Hill, NC 27515-4150
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business lCt9 W
❑ The company is a service -disabled veteran -owned small business NOV 0 1202,
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) BY',_
NAME: The Frank Hawkins Kenan 1988 NAME:
TITLE: Manager TITLE:
ADDRESS:
100 Europa Drive Suite 190
Chapel Hill, NC 27515
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
The Frank Hawkins Kenan 1988, by Steve Armstrong Manager
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form
3/18/2021
The Frank Hawkins Kenan 1988, by Steve Armstrong Manager Man
Print or Type Name of Company Official
DATE
Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 2762"525
ROY COOPER
covernor
ELIZABETH S. BISER
AF11 n q M
r
October1
Landfall Ventures, LLC
Attn: The Frank Hawkins Kenan 1988, Manager
P.O. Box 4150
Chapel Hill, NC 27515
NORTH CAROLINA
Env4vn natW QuaUty
Subject: Stormwater Permit Renewal Request
State Stormwater Management Permit No. SW8 941017
State Stormwater Management Permit No. SW8 950818
New Hanover County
Dear Permittee:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified, transferred, or
renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit.
State Stormwater Management Permit #SW8 941017 and #SW8 950818 have expired or will expire on the dates
listed below. This is a reminder that permit renewal applications are due 180 days prior to their expiration per
15A NCAC 2H.1045(3). 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.
Permit No.
Subject
Last Issued
Expiration Date
#SW8 941017
Landfall Center
November 29, 2007
November 29, 2021
Phase 11
#SW8 950818
Landfall Center
June 10, 2009
November 3, 2019
Lots 5F & 5G
Please submit a complete permit renewal form along for each individual permit with a $505.00 fee and other
submittal requirements within 30 days. The permit renewal form can be found on our website at:
https://deq. ne. aov/about/divi s ions/enerav-mineral-and-land-resources/stormwater/storm water-prot.,ram/post-
construction-2.
A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new
address and new point of contact. Please submit a completed Permit Information Update Form to correct your
contact information which is available on the website provided above under the "New Permits & Permit
Modifications" section.
If you have any questions regarding this matter, please contact Ashley Smith at (910) 796-7215 or
ashleym.smith@ncdenr.gov.
Sincerely, J
lJ'1'U,-at-,-4� l p
,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
D rk ��� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
ae. i •mw�.�o+r� /"� 910.796.7215
State Stormwater Permit
Page 2 of 2
DES/ams: %Stormwater\Permits & Projects\1994\941017 HD\2021 10 req_ren 941017
\\\Stormwater\Permits & Projects\ 1 995\950818 HD\2021 10 req_ren 950818
cc: Steven R. Armstrong, Registered Agent; Landfall Venues, LLC; 100 Europa Drive Suite 190; Chapel Hill, NC
27517
Wilmington Regional Office File
D_E Qom. North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
+�+� 910.796,7215
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
Landfall Ventures, LLC
Information
Sosld: 0572301
Status: Current -Active O
Date Formed: 12/4/2000
Citizenship: Domestic
Annual Report Due Date: April 15th
Currentpnnual Report Status:
Registered Agent: Steven R Armstrong
Addresses
Principal Office
100 Europa Drive Suite 190
Chapel Hill, NC 27517-2394
Mailing
P O Box 4150
Chapel Hill, NC 27515-4150
Company Officials
Reg Office
100 Europa Drive Suite 190
Chapel Hill, NC 27517-2394
Reg Mailing
100 Europa Drive Suite 190
Chapel Hill, NC 27517-2394
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
The Frank Hawkins Kenan 1988
100 Europa Drive Suite 190
Chapel Hill NC 27515
A
Hall, Christine
From:
Hall, Christine
Sent:
Thursday, September 08, 2016 12:52 PM
To:
Denise Freund(denise.freund@wilmingtonnc.gov),'bret.russell@wilmingtonnc.gov'
Cc:
Weaver, Cameron; Hall, Rhonda
Subject:
Link, renewal dates & outparcel info
Attachments:
1988 Rule 3rd Directive_1989.pdf
The link to the list of active (and likely expired permits) is the 3rd link down on the following website:
htt deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-program
Permit Expiration Dates:
SW8 890109 —Phase 1 of Landfall Center— No expiration Date
SW8 941017 — Phase II of Landfall Center— Expires 11/29/2021
SW8 950818 — Lots 5F & 5G — Expires 11/3/2019
Outparcels:
I also checked with Linda regarding the historical approach of permitting of outparcels. She pointed me to the directive
that is attached to this email. Essentially, for projects approved prior to 1995, if the outparcel drains to the stormwater
collection system for the larger site, then the outparcel must be included in the drainage area and impervious area for
the treatment device. If the outparcel was to not be collected I the stormwater collection system, then it would be
considered a stand-alone site and would be considered subject to the stormwater program based on its own merits. So
if these other outparcels do not drain to the collection system for Landfall Center and would not have exceeded 1 acre
of disturbance, then it likely never was required to obtain a state stormwater permit. However, I would suggest
conducting a file review to confirm there isn't anything special with these sites.
I hope this helps!
Christine
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine hall@ncdenr gov
127 Cardinal Drive Ext
Wilmington, NC 28405
Nothing Compares.._
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Cee� w14-i,l-11 ,feel A:>eAwPr
2
—D—E G N G2 DESIGN, P.A
5 TO R N W ATER S E R v I C E 5 P O Box 297
APEX, NORTH CAROLINA
27502-0297
P 919 321 0638
P: 919 321 8311
December 24, 2009
David Cox — Environmental Senior Specialist
North Carolina Division of Water Quality — Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C. 28405
�t3,G^r131��i°�
Re: DWQ Stormwater Permit No. SW8 950818
Landfall Center Lots 5F & 5G DEC $ 8 2009
New Hanover County
BY:
Dear Mr. Cox,
In a letter by you addressed to John P. Graham of Landfall Ventures. LLC dated June 10, 2009,
you noted the lack of an Engineers Certification on file at DWQ for the above -referenced project.
This letter and attachments summarize the specific actions to bring the BMP into, compliance,
and provide the outstanding certification.
Due to.the significant age of the facility (14 years +/-), and the unavailability of the engineer of
record, the attached certification does not qualify as a "designer's" certification, or a certification
of initial construction based on as-builts. Rather, the certification is intended to serve as a
maintenance -level certification and review, confirm that the pond is in good working order, and in
substantial compliance with the original design based on visual observations.
History.Landfall Ventures, LLC hired G2 Design, P.A. to assist with the required certification. G2
Design is a leading professional company providing stormwater BMP inspection and certification
services for hundreds of clients throughout North Carolina.
I completed an inspection of the wet detention pond in September 2009, and notified Landfall
Ventures of varying deficiencies observed that would require remediation to obtain the required
certification. Remediation work included dredging of invasive vegetation and sedimentation to
restore the proper pond depth, pond reshaping to increase the permanent pool surface area,
and rip -rap dissipater reconstruction.
RemediaiRepa#s: Landfall Ventures hired Backwater Environmental to perform the remedial
repairs. Backwater Environmental has extensive experience in the stormwater, stream and
wetland industry (and specifically with working with the NC Division of Water Quality (DWQ).
Backwater staff has been involved with more than 200 similar projects in North Carolina over the
last 19 years, and has become a preferred contractor for large and small projects in the
wetlands, stream, and stormwater industry. Repairs were somewhat delayed due to utility conflict
Lww w.g2design oa.com
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_D—E G N
STORMWATER SERVICES
Mr. Cox, 12/24/2009
and sequential rain events, but were substantially complete on December 18, 2009.
Permanent Pond Pool Surface Area: The construction plans and permit documents on file with
your office for this project show a required 2,250 s.f. permanent pool surface area based on the
construction of 48,731 s.f. total impervious surface area. During my inspection in September, I
observed that the permanent pool surface area was undersized by approximately 400 s.f. of the
permit requirements. Further site inspection of the developed parcels 5F & 5G proved that most
of the impervious surface area appeared to have been constructed per the construction plans
obtained from DWQ, save for a building service area drive of around 1,500 s.f. that was never
constructed immediately adjacent to the pond. Expansion of the permanent pond pool surface
area was recommended as much as practical to meet the 2250 s.f. permit requirements and
compensate for the shortfall of surface area in the pond.
To expand the permanent pond pool, the pond side slopes were excavated on three sides to the
maximum practical extent available (see item A. in the photographic journal of the attached
inspection report for more detailed summary of improvements and constraints). The
improvements yielded approximately 250 s.f. of additional surface area at permanent pool, for a
total of 2,100 s.f. +/-. When considering the reduced impervious constructed area observed
(service drive never constructed), the significant age of the development, site constraints to
provide additional pool surface area, and recent extensive efforts by the owner to maximize the
permanent pool area, it is my opinion that the current permanent pond pool surface area as
modified meets the treatment requirements of the contributory watershed as much as practical.
I trust this correspondence and attachments provides sufficient action toward meeting the
requirements of your June 10, 2009 correspondence. If you require any further information,
please contact me at your earliest convenience at 919-321-0638
Very truly yours,
G2 Design, P.A.
By:
— T
Timothy P. Grady, RLA
President
cc: John P. Graham — Landfall Ventures, LLC
Lowell Lovell — Grubb Ellis
Attachments:
- Certification Statement and Checklist
- G2 Design BMP Inspection Report
GrubbrMlis. Thomas
Linderman
Property Solutions Worldwide Graham
September 23, 2009
David Cox — Environmental Senior Specialist
North Carolina Division of Water Quality — Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: DWQ Stormwater Permit No. SW8 950818
Landfall Center Lots 5F & 5G
New Hanover County
Dear Mr. Cox,
I am in receipt of your letter dated June 10, 2009 regarding the above -referenced
project. In your correspondence, you noted a project BMP deficiency, in specific the
lack of an Engineers Certification on file at DWQ. This letter addresses the specific
actions, both completed and proposed, to provide the Engineer's certification and bring
the BMP into compliance.
Progress to Date: We have hired G2 Design, P.A. to assist us with the required
certification. G2 Design is a leading professional company providing stormwater BMP
inspection and certification services throughout North Carolina. G2 Design contacted
Georgette Scott in Surface Water Protection Section and coordinated acquisition of
historical project information from the DWQ project file.
G2 Design completed an inspection of the wet detention pond in early September, and
notified us that there is specific maintenance that needs to be completed before they can
provide the required certification. Maintenance includes dredging to remove
sedimentation and restore the proper pond depth, minor pond reshaping to provide the
required permanent pool surface area, and rip -rap dissipater reconstruction. You can
reach Tim Grady at G2 Design at (919) 321-0638 with any specific questions.
Maintenance Implementation Schedule: We are currently reviewing bids for the
maintenance work, and are proposing to begin work in early to mid -October. Upon
completion of the maintenance work, G2 Design will visit the site to re -inspect, and
submit the Engineers Certification to you as required. RE' Cz1Vr,- _; -,
Thomas Linderman Graham Inc
Raleigh
1511 Sunday Drive, Suite 200
Raleigh. NC 27607
919.785.3434 919.785.0802 fax
Chapel Hill
100 Europa Drive, Suite 191)
Chapel Hill, NC 27517
919.968.4017 919.929.7913 fax
SEP Z 5 7000
2200 W. Main Street
Durham, NC 27705
919.296 5900 919 286 4191 fax
Independemh Owned and Opemied
I trust this correspondence provides sufficient summary of our proposed action toward
compliance. If you require any further information, please contact me at your earliest
convenience at 919-913-1100.
Very truly yours,
Landfall Ventures, LLC
B
J P. Graham
Executive Vice -President
Thomas Linderman Graham Inc.
Manager
cc: Tim Grady — G2 Design, P.A.
Lowell Lovell — Thomas Linderman Graham Inc.
Grubb&Ellis. Linderman
Property SOlUtiom Worldwide Graham
lndependent(t Nri dand Operated