HomeMy WebLinkAboutSW8960614_HISTORICAL FILE_20080905STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 °\V 0\01'N
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
200% pq os
YYYYMMDD
�VF WATF90 Michael F. Easley, Governor
YWilliam G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
September 5, 2008
Sylvia C. Joye, Member -Manager
New LA Development Company, LLC
9201 Industrial Boulevard, NE
Leland. NC 28451
Subject: Stormwater Permit No. SW8 960614 Renewal
Lot 58 Leland Industrial Park
High Densi> Project
Brunswick CCounty
Dear Ms. Joye:
The Wilmington Regional Office received a complete Stormwater Management Permit
Renewal Application for Lot 58 Leland Industrial Park on August 1, 2008. Staff review of the
plans and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 960614 dated September 2, 2008, for the construction of the subject project.
The re -issuance of this stormwater permit does not imply that the site is currently in
compliance with the terms and conditions of this stormwater permit.
This permit shall be effective from the date of issuance until September 5, 2018, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Lyida Lewis, or me at (910) 796-7215.
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/arl: S:\WQS\STORMWATER\PERMIT\960614REN.sep08
cc: Phillip Norris, P.E., Norris Kuske & Tunstall
Brunswick County Building Inspections
Linda Lewis
egional-Officqj
ional-Offic
Central Files
No thCarulina
No
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215
Wilmington Regional Office Internet: www.newater(ivality.org Fax (910) 350-2004
An Equal OpporlunitylAffrmative Action Employer — 50% Recycledl10 % Post Consumer Paper
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State Stormwater Management Systems
Permit No. SW8 960614 Renewal
STATE OF NORTH CAROLINA
I DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Sylvia C. Joye and New LA Development Company, LLC
Lot 58 Leland Industrial Park
9201 Industrial Boulevard NE, Leland, Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 5, 2018, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 89,375 square feet of
impervious area.
The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. The built -upon area for the future
development is limited to 0 square feet.
All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
State Stormwater Management Systems
Permit No. SW8 960614 Renewal
6. The following design criteria have been provided in the wet detention pond and
must
be maintained at design condition:
a.
Drainage Area, ?cres:
2.65
Onsite, ft :
115,458
Offsite, ft2:
0
b.
Total Impervious Surfaces, ftz:
89,375
C.
Design Storm, inches:
1.0
d.
Pond Depth, feet:
4.0
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMS
36.88
Permanent Pool Surface Areq, ft :
8,575
h.
Permitted Storage Volume, ft :
8,663
i.
Temporary Storage Elevation, FMSL:
37.78
j.
Controlling Orifice:
1.5"0 pipe
k.
Permanent Pool Volume, ft3:
n/a
I.
Permitted Forebay Volume, ft3:
n/a
M.
Max. Fountain Horsepower:
n/a
n.
Receiving Stream/River Basin:
Mill Creek / CPF17
o.
Stream Index Number:
18-77-1-1
P.
Classification of Water Body:
"C Sw"
It. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all time provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
Page 3 of 7
State Stormwater Management Systems
Permit No. SW8 960614 Renewal
6. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for a fountain in this pond is n/a horsepower.
7. The facilities shall be constructed as shown on the approved plans. This permit
shall become void unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 4 of 7
State Stormwater Management Systems
Permit No. SW8 960614 Renewal
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, signed by both
parties involved, and other supporting documentation as listed on page 2 of the
form. The approval of this request will be considered on its merits and may or
may not be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
10. The permittee shall submit a renewal permit application at least 180 days prior to
the expiration date of this permit. The application will include the renewal
application and the processing fee.
Permit issued this the 5th day of September 2008.
NORT AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Co en .Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
State Stormwater Management Systems
Permit No. SW8 960614 Renewal
Lot 58 Leland Industrial Park Page 1.of 2
Stormwater Permit No. SW8 960614
Brunswick County
Designer's Certification
I, as a duly registered in
the State of North Carolina, having been authorized to observe (periodically / weekly /
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due caFe and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Management Systems.
Permit No. SW8 960614 Renewal
Certification Requirements:
_1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
.10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
Page 7 of 7
rf.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
�- North Carolina Department of Environment and Natural Resources
—I
� Alan W. Klimek, P.E. Director
Division of Water Quality
ZXULI�14IR
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8 960614
2. Permit Holder's name: Mr. Will Harlan Harlan Construction
3. Signing official's name: Title:
(person legally responsible for permit)
4. Mailing address: P.O. Box 1605 City: Hopewell
State: VA ZipCode: 23860 Phone: 804-458-6712 FAX: 804A52-0719
(Area Code and Number) (Area Code and Number)
II. NEW OWNER I PROJECT I ADDRESS INFORMATION
1. This request is for: (please check all that apply)
X a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
X b. Name change of project (Please complete Item #5 below)
X c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: New LA Development Company, LLC
3. New owner's signing official's name and title: Sylvia C. Jove
Member
(Title)
4. New Mailing Address: 9201 Industrial Blvd NE City: Leland
State: NC ZipCode: 28451 Phone: 910-297-7275 FAX: N/A
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: Leland Industrial Park Lot 58
Page 1 of 2
N''c(�hcarolina
M,turall//
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: wwwncwatereualitv.oru Fax (910)350-2004 1-877-6236748
An Equal Gpportundy/Affmna0ve Action Employer— 50% Recydedfl0% Post Consumer Paper
PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit. /
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Ce{kfica
_L__ -Tc. ', w• �}aolav--� attest that this application for a name/ownership
ch nge s been reviewee l&hi is accurate d complete to the best of my knowledge. I
understand that if all requ' arts of his ap li tion are not completed and that if all required
supporting informal'
n d a chm is ar n t included, this application package will be
returned as incompl e. �/ • r p
Signature: Date:
New Applicant's cation: (Must be completed for all transfers of ownership)
I, S y 1J 4 e -, jc, 4r4p /)i?aln 6e+ attest that this application for an ownership
chang6 has been revi ed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incfiplete.
Yf Date: Co -a•� -0$
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2
Phillip Norris, P.E.
NORRIS, KUSKE &TUNSTALL, hnA Kuske•III'PE.
IJ John S. Tunstall, P.E.
CONSULTING ENGINEERS, INC. y IQ(Kuske,PE.ofCounsel
July 29, 2008
Ms. Linda Lewis, Environmental Engineer
NC DENR / Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
flat �� l
Q �d' (� (eJl C
' o� l�• (0GQY
Re: State Stormwate Ownership Cha a Submittal
I � i
Permit Number W8 960614 , :. , laq a, Ad '
Harlan Constru ion o New Development Company, LLC
Leland, NC
NKT Project No. 08035
Dear Ms. Lewis:
Enclosed are two (2) sets of plans for the subject project, two (2) drainage area plans,
one (1) set of calculations, one (1) narrative, one (1) copy of the Articles of
Organization, one (1) copy of proof of change of ownership, the original Division of
Water Quality Stormwater Ownership Change Form, the original SW401-Wet Detention
Basin supplement form and a $505.00 check for the permit review fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
gECEYV�D
AUG 0 1 M8
BY:
08035 07-29-08-s-sw-Itr
Enclosures
cc: Ms. Sylvia Joye / New LA Development Company, LLC
Mr. Will Harlan / Harlan Construction
902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604
STORMWATER SYSTEM NARRATIVE
LELAND INDUSTRIAL PARK - LOT 58
LELAND, NORTH CAROLINA
For
New LA Development Company, LLC
9201 Industrial Blvd, NE
Leland. NC 28451
(910)297-7275
July 2008
Prepared by:
NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
(910)343-9653
(910) 343-9604 (Fax)
NKT Project No. 08035
NARRATIVE
This project was originally permitted under SW8-960614 to Mr. Will Harlan, Harlan
Construction. Apparently, when the project was built there were field changes to the
pond configuration without there being a modified plan submitted and approved by NC
DENR. Also, in 2002 the property was sold by Mr. Harlan to the New LA Development
Company, LLC. L=T.he_pupurpose-of this-submittal-is-to-have-the-new-pfan--approv`ed-and'
C-have-the permit -transferred -to -the -new -owner--?
An as -built survey and calculations show that the as -built pond configuration complies
with the original permit parameters.
2 304 514 9 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 651464
Date Filed: 11 /t /2002 11:41:00 AM
Elaine F. Marshall
North Carolina Secretary of State
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
The name of the limited liability company is: Neal LA —,beVe (opMtn-- eon2,p ,y LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity of a
member, organizer or both).
�y(U�e' C. Toye
9201 1V\dUS�riCj riMud &T.
L.c(nt,-dr Nc- 2 5qS-1
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 4 M 1 =• ru�IA%�r: 6J 3 U d A/ E
City, State, Zip Code Ld ayi AI G 2 9KI County e8 runs to i C L
The mailing address, if different from the street address, of the initial registered office is:
6. The name of the initial registered agent is: S„1U' A C- 0
Principal office information: (Select either a or b)
a. [9rThe limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street
City, State, Zip Co,
The mailing address, if different from the street address, of the principal office of the corporation is:
-e
b. ❑ The limited liability company does not have a principal office.
'j �Ilr
'8— Check one of the following:
(i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the2Q+�lay of OC r 2002-
'$rjy a G Joye t XA c ""'[-
Type or Print Name and Title
NOTES:
1. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONSDIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L-0/)
JuJ-14-2008 11:27am From-MAUS WARWICK MATTHEWS CO +9103954608 T-217 P.002 F-376
A.
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOGMENT
-
SETTLEMENT STATEMENT
V rnO MU. "uL-uzbz
B. TYPh OF LOAN:
1, FHA 2. FmHA 3. % CONV. UNINS. 4. VA
NUMBER:
7. LUAN NUMULK
e. M AEI N MBFRI
C. NOTE! This foml is fumished to give you a statement of actual settlement costs. Amounts paid to end by the settlement agent ere shown,
Items marked yPOC)' were pmtl outside the closing, they em shown here thorinhormed'onal purposes and M not included in the Iora/s.
sn 1 a e anuANCEOP CTSINC.PFUADVAN=PRODUCMKCIBl
D. NAME AND ADDRESS OF BORROWER:
New LA Development Company, LLC
9201 Industrial Blvd.
Leland, NC 23451
E. NAME AND ADDRESS OF SELLER;
THE, Company, a Virginia Partnership
P.O. Box 1805
Hopewell, VA 23660
F. NAME AND ADDRESS OF LENDER:
Waohovia Bank, N.A.
P.O. B=2700
Winston-Salem, NC 27102.2700
G. PROPERTY LOCATION:
230A Mercantile Drive NE
Leland, NO 25451
Brunswick County, North Carolina
See Exhibit "A'
H. SETTLEMENT AGENT: 56.1958888
Bloch, Crouch, Neater & Huffman, LLP
I. SETTLEMENT DATE:
November 7, 2002
PLACE OF SETTLEMENT
P.O. Box 4, 310 N. Front St.
Wilmington, NC 28402
TR
N
401. Contract Sales Pelee j 390 000.00
01. Contrail Sales Pntx
390,000.00
02. Personal Prooerry402.
Personal PTcoe
03. Settlement Charges to Borrower (Line 1a00
2.892.00
403.
04.
404.
05.
405.
08. CItyRown Taxes to
406. Cl frown Taxes to
07. County Taxes 1IJOB102 to 51101M
430.75
407. County Taxee 11108/02 to OV01103 430.7S
08. Assessmems to
408. Assessments to
09.
409.
10.
410.
11.
i
411.
12.
412.
'20. GROSS AMOUNT DUE FROM BORRCLA
7393,322.75
420. GROSS AMOUNT DUE TO SELLER 390.430.75
:00. AMOUNTS PAI R IN BEHALF OF B RROW
0, REDUCTIONS I N DUE TO SELLER:
101. Deposit or earnest money
1.000.00
501_ Excess Deposit Sae Instructions
!02. Principal Amount of New Wants)
380,000,00
502. Settlement Charges to Seller Line 1400 19,?X00
103. Existing loans taken sub act to
503. Existing loons taken subject to
!p4.
-
504. Pa off of Oral MoR a e
'06.
505. Payoff of second Mort a e
!�
506. Deposil retained by broker 1.000.00
!07.
507.
!08.
508.
1
509.
ras men s or its= Unpaid Ste S@16r
Adwstments or ms Unpaid Seiler
10, Clly/fown Taxes to
510. Ci !fawn Texas to
r11. CountyTaxes to
511. CDun Taxes to
112. Assessments to
512. Assessments to
'13.
513,
!14,
514.
111
515. '
!16.
516.
!17.
517.
!18.
518.
!19.
519.
120, TOTAL PAID BWlFOR BORROWER
381. 0. 00
520. TOTAL REDUCTION AMOUNT DUE SELLER 20,770,00
100. CASH AT SETTLEMENT FROMITQ 80R OW R.
600. CA AT NTT 1 M
Q1, Gross Amount Due From Borrower (Line 1201
102. Less Amount Paid By1Par Bafrower (Line 220)
393,322,75
�( 381,000.00)
601. Gross Amount Due To Seter Line 420 390,430.75
602. Less Reductions Due Seller (Line 820) ( 20.770.00
UZ CASH ( X FROM ( 70l BORROWER
T .
12,322.75
803 CASH ( X TO) ( FROM) SELLER 369 660.75
.... ....... w „ -, ,.w.e„eo .=.=.pt e1 a cumpietect copy of pages 16Z WINS statement & any attachment yGeferred to herein.
Borrower New LA Dovel ent Company. Seller
ot>m 11any, LLC THB Cam" e , a Virginia aR�r
BY: BY: G,�Y• 'a. v .-/frCh%Px'-�G';/�r
;Jui-247.2008 11:28am From-MAUS WARWICK MATTHEWS CO +9103954608 T-217 P.003 F-376
9p 2
L. SETTLEMENT CHARGES
700. TOTAL COMMISSION Basad on Prlcs
PAIOFROM
e0RRCw S
FUNDS AT
SETTLEMENT
PAC FROM
SELLER'S
FUNDS At
SETTLEMENT
Division Qf 20mm'" Itna 700 es Follows:
701.519,000.00 to Maue. Wervylc Mat1ews Company Leas Deposit Retained 1,000.0
702.S to Maus, Warwick, Madnewa Om any
703. Ccmmisslon Paid at SaPJamant
18.000.00
704. to
CONNEQ
Sol, Loan Ina On ee tO
802. Loan Discount % to
903. Appraisal Fee to
804. CommiumenUFacil' Fee to Wachovia Bank, N.A.
500.00
905, vslustion Fee to Wacnov a en
1,300.00
908 Flood Ceetfiradan Fee to Wachovia Bank, N.A.
14.00
007. TaxSamoa Fee to
808.
909.
sto.
911.
900, ITEMS REQUIRED BY LIENDER. TO BE PAID I N V
301. Interest From 11/07/02 t0 12/01/02 $ /day ( 24 days %)
orIa e Insurance Premium for mantha to
303. Hazard Insurance Premium for years to
304.
305.
1000.R
1001. Hazard Insurance months a b per month
1002. Mortgage Insurance months 0 S per month
1003. City/Town Taxes months Spar month
1004. County Taxes months a b par month
1005. Assessments months per month
1006. months per month
1007. months $ per month
10011. Aggregate Adjustment months $ per month
1101. Settlement or Closing Fee to
1102. Faxes to Block, Crouch, Keeler & Huffman. LLP
9.50
1103. T v I Reimbumoment to Block. Crouch, Keeter & Huffman. LLP
40,00
1104. Cancellation Fee to Block, Crouch, Keeter & Huffman, LLP
35-00
1105. Administrative Fee to Black CrouUl Keeter & Huffman, LLP
35.00
1108. Express Mall Fees to Bladt. Crouch, Keeter & Huffman, LLP
1107. Altorneys'Fees to 510CA, Crouch, Keeter & Huffman, LLP
15.00
500.00
30.00
175.00
includes above item numbers.110171103 & 11 5
1108. Title Insurance to Investors Title Insurance Company
292.50
rnGutlas Boom item numberw
1100. Lendefs Covers e S 380,0 .00
1110. Owner's Cavera e S 390,000.00
1111.
1112,
1113.
1201. Recording Fees: Deed $ 17.00: Mon age b m.00: Releases S
- fi1.00
1202. G /Coun Tex/Slam : Daed . Mortgage
1203. State Tax/Stamps: Revenue Stamps 780.00: Ma
a e
780.00
1204.
1205.
1301ADDITIONAL SETTLEMENT CHARGES
1301. Survey (p
1302. Past Ins erJon to
1203.
1304. Environmental Site Assessment 10 Catlin Engineers & Scientists Invoice 2708
125.00
750.00
1305.
1400. TOTAL SETTLEMENT CHARGES Enter on Linss 103, Section J and 502, Section K
a..
2,892.00
19,770.00
�T.,,e„ll,s H=v- me signatones acxnovaedge r�ipt or a compleled ropy of page 2 of this two page Statement.
Certified to be a true copy.
Jeffrey P. Keeler
Settlement Agent
( AOVANCEDPROOUCTSINC l A0VANCE09R000CT51NC 117)
Ju.1--4-2008 11:28am From-MAUS WARWICK MATTHEWS CO +9103954608 T-217 P.004/005 F-375
ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT
Borrower:
Seller.
Lender.
Settlement Agent:
Place of Settlement:
Settlement Date:
Property Location:
New LA Development Company, LLC
THS Company, a Virginia Partnership
Wachovia Bank, N.A.
Block, Crouch, Keeler & Huffman, LLP
(910)763-2727
P.O. Box 4, 310 N. Front SL
Wilmington, NC 28402
November 7, 2002
2304 Mercantile Drive NE
Leland, NC 28451
Brunswick County, North Carolina
See Exhibit "A"
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify
that I have received a copy of the HUD-1 Settlement Statement
New LA Development Company, LLC
THIS Company, a Virginia Partnership
BY'
To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a true and accurate account of
the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this
transaction.
Jeffrey P. Keeler
Settlement Agent
WARNING: It 18 a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can
Include a fine and Imprisonment. For datalls see: Title 18 U.S. Code Section 1001 and Section 1010.
(AOVANCEOPRODUCTSINC.PFOIAD VANCEOPROOUCTS I NC/18)
I Jul- 24,2008 11:28am From-MAUS WARWICK MATTHEWS CO
+9103954608
T-217
DISBURSEMENTS
SUMMARY
/ BALANCE
SHEET
Borrower:
Seller,
Lender:
Settlement Agent:
Place of Settlement:
Settlement Date:
Property Location:
New LA Development Company, LLC
THB Company, a Virginia Partnership
Wachovia Bank, N.A.
Block, Crouch, Keeler & Huffman, LLP
(910)763-2727
P.O. Box 4,310 N. Front St.
Wilmington, NC 29402
November 7, 2002
2304 Mercantile Drive NE
Leland, NC 28451
Brunswick County, North Carolina
See Exhibit "A"
P.005/005 F-376
INCOMING FUNDS
Wachovia Bank, N.A Loan Funding Amount 380,000.00
New LA Development Company, LLC 12,322.75
Total Incoming Funds 392,322.75
DISBURSEMENTS
Maus, Warwick, Matthews & Company
Commission
Less deposit retained
Cadin Engineers & Scientists
THIS Company, a Virginia Partnership
Wachovia Bank, N.A.
Commitment/Facility Fee
Evaluation Fee
Flood Certification Fee
Block. Crouch, Keeler & Huffman, LLP
Faxes
Travel Reimbursement
Cancellation Fee
Administrative Fee
Express Mail Fees
Anom8y'3 Fees
Investors Tide Insurance Company
Tide Insurance
New Hanover County Register of Deeds
Recording Fees
State Tax/Stampa
Number of checks - 7
18,000.00
19,000.00
( 1,000.00)
Environmental Site Assessment
875.00
ClosingProceeds
369,680.75
Loan Closing
1,814.00 j
500.00
/
1.300.00
14.00
Settlement Agents Fees
839. $0
9.50
40.00
/
35.00
35.00
45.00
675.00
Tide Charges
292.50
292.50
Government Charges
841.00
81.00
780.00
Total Disbursements
392,322.75
(ADVANCEOPROCUCTS INC.PFD/ADVANCEDPR ODUCTSI NC/19 )
Lot 58 Leland Industrial park SW8 960614
Subject: Lot 58 Leland Industrial park SW8 960614
From: Linda Lewis <linda.lewis@ncmail.net>
Date: Fri, 11 Apr 2008 10:36:16 -0400
To: Phil Norris <pnorris@nkteng.com>
Phil:
I remembered call Ms. Joye today. she is planning to visit her attorney next week
to get some documents drawn up for Mr. Harlan to sign before she will sign the
permit application. She said that once Mr. Harlan signed her documents, she would
sign the application and send it to me. Please make sure she signs the wet pond 0&M
plan as well as the application.
Did we resolve the forebay issue?
Linda
1 of 1 4/11/2008 10:36 AM
Date Design 902 Market Street Sheet
NORMS, KUSKE &TUNSTA IL /
3 ,l 06, N/ coNsuurirvc EnciuEEas. INC. Wilmington, NC 28401-4733 Z
Of
Check Job r�y;� For ^1 Job No.
I,ri-rjr- =
/Mlcr�t tv5 = 'J -7. t74' `70
Pr:.i,o Dom'/ - •7-1 e7 G %
—aAw-
7:
/, 0
t � , -7 5 `n ti-2 , v co15
G , -7 5
--7 e,
Cti
�iL X 'L&> S-P vI 375
5F = '?" 111 6 3 F% 3
�T��,•x.-c" /�,.nu-n-�->` = fc%i L 7 5 � r �',57 5 � X l� l��
Z
e�r'T 3 c'i�
Date Design A Sheet
NORRIS, KUSKE&TUNSTALL 902 Market Street Z
CONSULTING ENGINEERS, INC. Wilmington, NC 28401-4733 �7
Of C�
Check Job For Job No.
Cl//.�=G `�' �L��� �'� � Z — J ��3''9 ,Pct".lJ't"J/Jf�c.✓�,J
r
s
2:1U 7
7
j
Lot 58 Leland IP SW8 960614
Subject: Lot 58 Leland IP SW8 960614
From: Linda Lewis <linda.lewis@ncmail.net>
Date: Mon, 24 Mar 2008 11:11:58 -0400
To: Phil Norris <pnorris@nkteng.com>
Phil:
The preliminary numbers came out OK- one thing that is missing from the
calculations you provided is the forebay volume calculation. The original pond was
designed with a forebay and those calculations need to be included with the rest. I
can't remember if the plans you showed me this morning had a forebay or not. If
they don't, a forebay will need to be constructed and shown on the plans.
The plans you submit with the transfer or ownership will include grading and layout
(dimensions) for all built -upon area and the appropriate pond details, including
the outlet structure with orifice, and a pond section view with slopes, elevations,
vegetated shelf & forebay.
And we'll need a Designer's Certification for the as -built pond, along with the
as -built survey drawing. The completed application for this project will include:
1. Name/Ownership Change form signed by both Mr. Harlan & Ms. Joys.
2. A new pond supplement form.
3. A wet pond Operation & Maintenance plan signed by Ms. Joys.
4.The $505.00 application fee.
5. Two sets of layout & grading plans with details as described above.
6. Sealed, signed & dated calculations.
7. Designer's Certification, only if a forebay is present. If there is no forebay,
hold off on the certification until after the forebay is constructed.
B. As -built survey of pond. If there is no forebay, another as -built survey will be
needed to be submitted with the Designer's Certification.
Thanks,
Linda
1 of 1 3/24/2008 11:12 AM
5�8�c:ovcp� �
N.C. DIVISION OF WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by ' �y1n / r �c0 V e// ^^ Date Z Z7 !7 % Time
Emergency Complaint Cityl -P - 1n J County Y, (u S W t cy
Report Received
Phone
1J� Le-14VJ Phone No.
Check One: _Fish Kill Spill Bypass Animal NPDES N.D.
tStormwater Wetland Other, Specify:
Location of Area
Surface Waters Impacted Classification
Other Agencies
An zddress 4he de16`c'p,7cIW25
rece ved 6nI'e>%rr1eC1 (7) JZ 16-06
A10Vl'55Uec�it` OS /a 70h,7 H rlak a CUl��ee( ly
M5, 1 C/,V;/ lt-h, 2�I
6k-)/ �ehiP�� fr'�n, DWa.
S:IWQSISHELLSIREPORTSHL
EPA Region IV (404)347-4062 - Pesticides 733-3556 Emergency Management 733.3667 Wildlife Resources 733-7291
Solid and Hazardous Waste 733.2178 Marine Fisheries 726.7021 Water Supply 733-2321 Coast Guard MSO 343.4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 0 Fax 910-350-2004
1
� —
Y
December 15, 2006
John W. Harlan, III
T H B Company
Post Office Box 1605
Hopewell, Virginia 23860
DWQ FILE COPY
Subject: PROJECT RETURN
Stormwater Project No. SW8 960614
Leland Industrial Park, Lot 58
Brunswick County
Dear Mr. Harlan:
Michael IC Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for Leland
Industrial Park, Lot 58. The application listed T H B Company as the applicant and you as the
owner/signing official. However based on a search of the Brunswick County's database, our files and
other information obtained by this office, it appears that New LA Development Company, LLC is the
owner of the property. A stormwater application for this property can only be accepted from the owner
of the property or an authorized agent acting on behalf of the owner. The signature of an agent shall be
accepted on the application only if accompanied by a letter of authorization. Per the requirements of
Section .1003(e) of the Stormwater Management Rules, this Office cannot process the subject
application as submitted. This Office is hereby returning the application.
Per the requirement of Section 1.6(c) and Section 111.1 of State Stormwater Pemit SW8 960614 that was
issued to you on August 5, 1996, a formal permit request must be submitted to the Division of Water
Quality if a change of ownership of the property occurs. This request must be accompanied by an
application, an application fee, documentation from the parties involved, and other supporting materials
as may be appropriate. I have attached a name ownership change form for your convenience. A
review of our files indicate that this facility was issued a Notice of Violation on August 12, 2005. There
is no indication in the files that the violations at the facility were ever corrected. Please note that the
said facility must be brought into compliance with all permit conditions prior to the transfer of the permit.
If you have any questions concerning this matter, please contact
Sincere, ,
US ea
Ed Beck
Regional Supervisor
Surface Water Protection Section
Rhonda Hall or me at (910) 796-7215.
ENB/rbh: S:\WOS\STORMWAT\RETURN\960614Mod.dec06
cc: Jeff Malpass, Malpass Engineering, P.C.
Brunswick County Inspections
Rhonda Hall
Wilmington Regional Office ,
Central Files Noihcarolina
,713aturaU�
North Carolina Division of Water Quality .127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: �%'ew.nce%atcraualitv.ore Fax (910)350-2004 1-877-623-6748
An Equal OpportunitylAKrmative Action Employer — 50% Recycled110% Post Consumer Paper
IJ
'C
Mictiael F. Easley, Governor
William G. floss Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1.
2.
3.
4.
1
2.
3
Stormwater Management Permit Number:
Permit Holder's name:
Signing official's name:
(person legally responsible for permit)
Mailing address:
Title:
State:_ ZipCode: Phone: FAX:
(Area Code and Number)
NEW OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
City:
(Area Code and Number)
a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
Name change of project (Please complete Item #5 below)
Mailing address change. (Please complete Item #4 below)
Other (please explain):
New owner's name to be put on permit:
New owner's signing official's name and title:
4. New Mailing Address:
State:_ ZipCode: Phone:
5. New Project Name to be placed on pe
(Title)
_City:
(Area Code and Number) (Area Code and Number)
Page 1 of 2
On,
No thCarolina
No
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwntcrauality.orL Fax (910)350-2004 1-877-623-6748
An Equal Oppodunity/Affrmalive Action Employer— 50%Recycled110% Post Consumer Paper
PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: Date:
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, , attest that this. application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL. SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Robert Gordon
Page 2 of 2
Project No. SW8 9 % O & � y M 01) of warER
Pro,t1ect Name: y� S 1 — o� o�
Y,'t o✓+urC y
County: Z /7
Dear iy1i1 1c�^�Jr�
The Wilmington Regional Office of the Division of Water Quality received
your stormwater application and $420.00 fee on (Oh 9 /0 &
Your project will be reviewed within 75 days of receipt, and you will be
notified if additional information is needed. Please be advised that the
construction of built -upon area may not commence until the stormwater
permit is issued.
If you have any questions, please contact any member of the stormwater
review staff in the Wilmington Regional Office at (910) 796-7215.
Date Sent: 61 a $'Ibto Patricia Collins
OFFICEUSE.ONL1 �
Date Received
Fee Paid
Permit Humber
2d77
t�WF 900(UI
Lo- H-0& Hcd-Stateof North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORME
This form may be photocopied for use as an original
I. GENERAL INFORMATION
I. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Print Chvner/Signing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in item 2 above:
P. 6, Box 1605
City: 6e Wei q _ State: �i[, :q Zip: .23W _
Telephone Number:
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
�-Llgnd �nda,fhA� �ar �bf 58 , Seclbn ��
5. Location of Project (street address):
6. Directions to project (from nearest
. Latitude:_ _31� 15 53 N
intersection):
0 ! h
Longitude:�83 of project
S. Contact persons who can answer questionabout the project:
Name: �L4 _Mg�lnLiyj Telephone Number: ( 110 ) 3i 2 5243
II. PERMIT INFORMATION:
Specify whether project is (check one):
New
Renewal 'V Modification
Fonn SWU-101 Version 3.99
Pale 1 of 3
2. If this application is beirig submitted as the result of a renewal or modification to an existin permit, list the
existing permit number 5 W S 6 06 l 4 zf4d.1, and its issue date (if known) ��tfst s 199%
3. Specify the type of project (check one).
_Low Density V� High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_LAMA Major _Sedimentation/Erosion Control _404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)
C4. ..LDN describing stormwater management for the project
NI.11 Mw aUPrInd 4i� a rvdr 4 AQ. org.wef`L4 AvR 14- wlbe
2. Stormwater runoff from this project drains to the 4tpe Feg r
River basin.
3. Total Project Area: 2. 65' acres 4. Project Built Upon Area: 41.14 %
5. How many drainage areas does the project have?�__
6. Complete the following information for. each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin°Infor Hatton s :,
Drainage Area 1,
, - ', ,Drainage Area 2 a:
Receiving Stream Name
Receiving Stream Class
C S
Drainage Area
Existing Impervious* Area
at,
Proposed lmpervious'Area
%Impervious'Area (total)
41,(4 %
Dra ria e Area:I , ez Drainage Area 2r'?,
Tm 'eru%us..5urface Area• g „ .
On site Buildings ( 609 42
On -site Streets
On -site Parking 2.0 715 42
On -site Sidewalks 7 T+
Other on -site ! Gr Ve 18 820 -P
Off -site
Total: 47,115 A.I2 Total:
Imperafous area is defined as the built upon area ntcualing, Out not umtrea ro, nuuun,g , uuue, pu ., a
sidewalk, gavel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4
7 How "vas the off -site unpervious area listed above derived?�
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Qualitu. These covenants may
not be changed or deleted without the consent of the State.
2. N'o more than square feet of any lot shall be covered by structures or impervious materials.
Impovious materials include asphalt, gravel, concrete, brick, stone, slate or, similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
=. 3uiit-upon area in excess of the permitted amount requires a state stGrinwater management permit modification prior to
construction.
5. All permitted runoff frorn outparcels or future development shall bed irectcd into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and pe formance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants wLIJ be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement forms) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Perm is Ur -Lit at (919) 733-5083 for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SW"U-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SNN'11-1 of Version 3.99 Page 3 of 4
VI. SUBMI17AL 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 appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Original and one copy of the Stormwlydtials
ater Management Perm t Application Form AAA
A
• Oneopy of the applicable Supplement Form(s) for each BMP APermit app ication processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management JE�
• Two copies of plans and specifications, including: J M
Development/Project name
Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stonnwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENTAUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individuaI_Z firm): IV 4
Madiug,Address:__�)39 Skpyatd
City: MIhvnt}tin --
Phone: I 910 1 Mq—52`I3
VIII. APPLICANT'S CERTIFICATION
11
State:. IICI Zip: �tft� z
Fax: (910 391-5203
I, (print or type name of person listed in General Information, item 2) D—VIA J\ . qk_ r1
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructe in conformance with the approved plans, that the required deed restrictions
and protective co pants will be r corder{, and that the proposed project complies with the requirements of 15A
NCAC 2H .100� \ / \
Form SWU-101 Version 3.99 Page 4 of 4
_o
I
Permit No.
(to be provided bi DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
Tltis form may be photocopied for use as an original
DWO Srormwater Management Plan Review.
A complete stornwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFOPIN ATION
Project Name: Le6l Alnhlu a l krP i 4+ 58 , Sedioill 10' —
Contact Person: J4 MG Phone Number: ( V ) 3y�-5Zy3
For projects with multiple basins, specify which basin this workshect applies to:
elevations
Basin Bottom Elevation 32,94 ft.
Permanent Pool Elevation 36.19 ft.
Temporary Pool Elevation 37, I8 ft.
(door of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
areas'
Permanent Pool Surface Area ga 6o � sq. ft. (water surface area at the orifice elevation)
Drainage Area 2, 6 5' ac. (on -site and off -site drainage to the Basin)
impervious Area 1,01 ac. (on -,rite and off -site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Orher parameters
SA/DA t
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
z 112-4 cu. ft. (combined volume of main basin and forebay)
B M cu. ft. (volume detained above the permanent pool)
/t1 A cu. ft. (approximately 20% of total volume)
a 5912 7e (surface area to drainage area ratio from DIhQ table)
in. (.2 to 5 day temporary pool draw -down required)
in.
90 (mininutm 85% required)
Form SWU-102 Rev 3.99
Page 1 of 4
t
F�n._�Ln000S: �
I when using the Division SA/DA tables, the correct S.-VDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties. the requirement for a vegetative Filter may be waived if the wet detention basin is designed to provide
90,7, TSS removal. The NCDENR B.NIP manual provides design tables for both 8567c TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stonnwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Adnvnistrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
ABM a.
NLA b.
JBM C.
JAM d.
N/A e.
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The forebay volume is approximately equal to 2017r of the basin volume.
The temporary pool controls runoff from the design storm event.
The temporary pool draws down in 2 to 5 days.
If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
The basin length to width ratio is greater than 3:1.
The basin side slopes above the permanent pool are no steeper than 3:1.
A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
Vegetative cover above the permanent pool clevation is specified.
A trash rack or similar device is provided for both the overflow and orifice.
A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
N/A 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
�$Ir1 m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one)
0 does
Vdoes not
incorporate a vegetated filter at the outlet.
This system (check one)
0 does
U does not
incorporate pretreatment other than a foreba}.
Form SVVU-102 Rev 3.99 Page 2 of 4
j
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3_ Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75176 of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation's hall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads lA— feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 36,99
Sediment Re oval EL Jam_. 7�
- Sediment Removal Elevation 33, y 75%
-----------------------
Bottom Ele ation 9c--------
Bottom Elevation 32,44 259
FOREBAY N I A I N' POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergencv drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99
Pare 3 of 4
All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
chanties to the system or responsible party.
Note: The legally responsible party should not be a homeowners association unless more than 50 f/c of the lots have been sold and
a resident of the subdivision has been named the president.
n/� �a t t t
I, Qil .4 I Y t w I , a Votary ;Puh is for the Slate pLf I d i k
of , d hereby certify
-that
— V, UU Ivl IlJ''�F,,-,*Z
ACLA
personally appeared before me this U day of V u �1� , �v • and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
,��.•�Ge A M� ego•.
.
OF � I
1
'L�'•hHG
*ORY
MWE"
My commission expires I Z— 2 I —" D 1
Form SWU-IO2 Rev 3.99 page 4 of 4
In I.IH 7b: T T 4L1 Gt7-41-LIflI-
RE: Lot 58 Leland Industrial Park SW8 960614
Subject: RE: Lot 58 Leland Industrial Park SW8 960614
From: "Justin Bishop" <justinbishop@bizec.rr.com>
Date: Fri, 16 Jun 2006 11:58:34 -0400
To: "'Linda Lewis"' <linda.lewis@ncmai].net>
Linda, I'm working through Sherwin Cribb and have given him all the
information to have his client sign. It turns out that our client never
received the applications to sign. I spoke with Sherwin today and he said he
would over night the pages to be signed and have them over nighted back.
I'm sorry for the delay you have been very, very patient if it is possible
to delay the enforcement for another day or two I would appreciate it.
Thanks!
-----Original Message -----
From: Linda Lewis [mailto:linda.lewis@ncmail.net]
Sent: Tuesday, June 13, 2006 3:45 PM
To: Justin Bishop
Subject: Lot 58 Leland Industrial Park SW8 960614
Justin:
I haven't received a response to my June 1, 2006. email regarding a status
for this project. I am proceeding with enforcement action.
Linda
I of 1 6/16/2006 12:00 PM
Leland Industrial Park Lot 58 SW8 960614
Subject: Leland Industrial Park Lot 58 SW8 960614
From: Linda Lewis <linda.lewis@ncmail.net>
Date: Thu, 01 Jun 2006 10:52:31 -0400
To: Justin Bishop <justinbishop@bizec.rr.com>
Justin:
On March.31, 2006, you sent me a note regarding this modification, to say that you
were awaiting a check and the signed application pages in order to submit. Please
advise as to the status of this application and when it will be submitted. I am
ready to proceed with enforcement action if this application is not submitted
within the next 10 business days.
Linda
G�
on
1 of 1 6/1/2006 12:15 PM
STORMWATER CALCULATIONS
LFLAND INDUSTRIAL PARK, LOT 58, SECTION 10
f 01Z
T.H.B. COMPANY
P.O. I3OX 1605
HOPEWELL, VIRGINIA 23860
MARCH 31. 2006
PREPARED BY:
MALPASS ENGINEERING. P.C.
1134 SHIPYARD BOULEVARD
WILN]INGTON. N.C. 28412
(910)392-5245 PHONE
(910)392-5203 FAX
RE CIE'vIVED
MAR 3 t 2000
DWQ
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To: Linda Lewis
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Leland Industrial Park, Lot 58, Section 10
Stormwater Permit No. SW8 960614
We are submitting the modified plans, calculations, and applications. We are waiting on
the owner to get us the check and the 2 application pages he has to sign. Once we receive
those items they will immediately be submitted.
RECEIVED
MAR 11 2111
RE: [Fwd: Re: Lot 58 Leland Industrial Park, SW8 960614]
Subject: RE: [Fwd: Re: Lot 58 Leland Industrial Park, SW8 960614]
From: "Justin Bishop" <justinbishop@bizec.rr.com>
Date: Fri, 17 Mar 2006 13:09:31 -0500
To: "'Linda Lewis"' <linda.lewis@ncmail.net>
Linda,
We had to have some survey work done. The survey work has just been
completed and we will be able to submit a modification within 10 working
days.
Justin Bishop, E.I.
Malpass Engineering, P.C.
-----Original Message -----
From: Linda Lewis'[mailto:linda.lewis®ncmail.net]
Sent: Thursday, March 16, 2006 10:13 AM
To: Justin Bishop
Subject: [Fwd: Re: Lot 58 Leland Industrial Park, SW8 9606141
Justin:
I have checked the files and cannot find where a modification has been
submitted. Please .'update me on the status of this project ASAP
Thanks,
Linda
F
I of 1 3/17/2006 1:47 PM
Re: Lot 58 Leland Industrial Park, SW8 960614
Subject: Re: Lot 58 Leland Industrial Park, SW8 960614
From: Linda Lewis <linda.lewis@ncmail.net>
Date: Thu, 06 Oct 2005 09:19:35 -0400
To: Justin Bishop <justinbishop@bizec.rr.com>
Justin:
You will need to submit a permit modification to include a revised application, wet
pond supplement, 2 sets of plans showing the site's BUA with existing pond in
contour, grading info, dimensions, the revised pond details, the $420.00
application fee, and sealed design calculations.
The pond does not have to be updated with a forebay or a vegetated shelf at this
time.
Linda
Justin Bishop wrote:
Linda,
Based on the as -built provided by Sherwin D. Cribb we have determined the
existing pond provides more surface area and volume than the required amount.
It will require a 1" orifice instead of the existing 2" orifice. What do we
need to submit in order to resolve this issue? Also, does the pond have to be
updated to include a vegetative shelf and forebay?
Justin Bishop, E.I.
Malpass Engineering, P.C.
Phone: 910-392-5243
Fax: 910-392-5203
iDn.=41-
I of 1 3/16/2006 10:11 AM
RECEIVED
SEP 0 6 2005
BY:
THB Company
Post Office Box 1605
Hopewell, Virginia 23860
804-458-6712, Fax 804-452-0719
September 2, 2005
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attn: Edward Beck
Re: Lot 58 Leland Industrial Park
Stormwater Permit #SW8 960614
Brunswick County
Dear Mr. Beck,
Since receipt of your original violation notification dated May 16, 2005, we have been working
with Sherwin Cribb, the original engineer, who did the design of the retention basin. Mr. Cribb
has been trying to gather all the necessary information to try and resolve this issue of why our
original permit was based on a preliminary design and not the design constructed.
In an effort to provide your office with the requested "Plan of Action", Mr. Cribb has been trying
to retrieve the paperwork and plans that were associated with the permit that was issued. Since
this permit was issued some time back, Mr. Cribb has been unable to quickly gather the needed
information. If your office can offer Mr. Cribb any assistance would be greatly appreciated.
As mentioned in our initial response to Linda Lewis, no intentional wrongdoing was conducted.
We were clearly under the impression our permit was issued for the basin in which we
constructed. We also did not sell this property with any knowledge of a violation issue.
If you have any questions regarding this issue, please feel free to contact me. Again, if your
office could assist Mr. Cribb would be greatly appreciated. His number is 910-791-0080.
Sincerely,
ON
tll
To: Linda Lewis
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Lot 58 Leland Industrial Park
Stormwater Permit No. SW8 960614
Malpass Engineering has been hired by T.H.B. Company. Jeff will be out of town
beginning Saturday, September 10`h until Monday September 19`h. As soon as he arrives
back in town we will inform the owner of what to do in order to get this site in
compliance. Based on our conversation yesterday afternoon (Thursday, September 8,
2005) it is our understanding the owner will not be fined provided as soon as Jeff arrives
back in town we let the owner know what to do to bring this site in compliance.
LY a 9 goy
UNITED STATES wyam "gwl4glll'IIIIIIIIIII II I II III'Iltillllll Postage lass
F es Pad
USPS
Permit No. G-10
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• Sender: Please print your name, address, and ZIP+4 in this box
State of North Carolina
Dept. of Environment & Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 2M5
Attn: Shaun
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For delivery Inform tion
visit our website
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==-----------
August 12, 2005
Lot 58 Leland Industrial Park
Stormwater Permit No. SW8 960614
2. Either construct the permitted pond as shown on the approved plans, or
submit a permit modification to address the fact that the pond is about
one-half the permitted size.
Failure to respond to this Notice, to provide the 'Plan of Action" by September 12, 2005,
or to correct the violations by the date designated in the 'Plan of Action", are considered
violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action
which may include recommendations for the assessment of civil penalties, pursuant to
NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is
requesting that the Building Inspector consider withholding and new or pending building
permits and Certificates of Occupancy for this project until this matter is satisfactorily
resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910) 796-
7404.
Since ,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB\arl: S:\WQS\STORMWAT\NOTICE\960614.aug05
cc: Delaney Aycock, Brunswick County Building Inspections
Ms. Sylvia Joye, New LA Development Company, LLC
Linda=Lewis+
Central Office
Page 2 of 4
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
August 12, 2005
CERTIFIED MAIL #7005 0390 0001 3200 6820
RETURN RECEIPT REQUESTED
Mr. John W. Harlan, III
THB Company
PO Box 1605
Hopewell, VA 23860
Subject: NOTICE OF VIOLATION
Lot 58 Leland Industrial Park
Stormwater Permit No. SW8 960614
Brunswick County
Dear Mr. Harlan:
On April 14, 2005, staff of the Wilmington Regional Office performed a Compliance Inspection
of the subject project, located at 2304 Merchantile Drive in Leland, Brunswick County, North
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 960614, issued to you on August 5, 1996. This Division
informed you of the compliance issues in a letter dated April 14, 2005. You responded on May
2, 2005, apparently confusing compliance with the Sedimentation Erosion Control Plan; which
had a similar project number, as equating to compliance with the Stormwater Management
Permit. The Division provided a response dated May 16, 2005, clearing up the confusion, and
requesting again that you either construct the pond as permitted, or submit a permit
modification. To date, the Division has received no response to that letter.
The project has been found in violation of Stormwater Permit Number SW8 960614, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section 1.7- Failing to respond to the Division's May 16, 2005, letter requesting
that the pond be constructed as permitted, or that a modification to the permit be
submitted to address the pond configuration changes.
Section 1.7- Failing to respond to the March 10, 1998, Notice of Violation.
Section 11.5- Failing to submit the required Designer's Certification for the pond
prior to operation of the facility.
4. Section 11.4- Failing to construct the facilities as shown on the approved plans,
which will void the permit.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a reasonable time frame for completion of those
actions, on or before September 12, 2005.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us One
No hCarolina
An Equal OpportunitylAffirmative Action Employer— 50°k Recycled110%Post Consumer Paper NahlrallY
A rF9
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
May 16, 2005
Mr. John W. Harlan, III
THB Company
PO Box 1605
Hopewell, VA 23860
Subject: Lot 58 Leland Industrial Park
Stormwater Project No. SW8 960614
Brunswick County
Dear Mr. Harlan:
Thank you for your timely response to the Division's concerns regarding the wet
detention pond located at the subject facility. I will address each point as it is listed
in your letter.
The only agency that can approve a revision to the permitted pond is the Division of
Water Quality. There is no record in our file of any approved revision to the
permitted project after the August 5, 1996, permit date. If Mr. Cribb went through
the proper channels to secure this revision, there should be a copy of a letter from
the Division of.Water Quality approving it. Please provide a copy of this approval
letter.
The Sedimentation Inspection Report referred to in your letter was generated by
staff of the Division of Land Resources, Land Quality Section. That inspection was
conducted to ensure compliance with the erosion control permit which is issued for
the control of erosion on the project during construction. The erosion control permit
is a separate permit from the stormwater permit, and is issued by a different
agency. Compliance with the Sedimentation Erosion Control plan cannot be
considered compliance with the State stormwater permit. The March 10, 1998,
Notice of Violation was issued by the Division of Water Quality, and is therefore the
only document that should be considered regarding the status of compliance for this
project.
The Brunswick County Building Inspections Department was correct in issuing the
Certificate of Occupancy. They are under obligation only to make sure that the
project has all of its required permits. However, had the project been found in
violation prior to issuing the CO, the building inspector would have been under
obligation to withhold the CO pending resolution.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel.877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2oarr.stale.nc.us
An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/l0% Post Consumer Paper
NorthCarolina
Naturally
Mr. Harlan
May 16, 2005
Stormwater Permit No. SW8 960614
The last point of the Notice of Violation, not addressed by your letter of May 2,
2005, was about the lack of an Engineer's Certification for the project.
Unfortunately, the original consultant has retired, so you will need to either
engage another consultant to provide the necessary revised application, plans
and calculations demonstrating that the as -built pond will meet the wet pond
design criteria, or construct the pond as permitted in 1996. The consultant will
also need to certify the pond.
Notification to the Division and transfer of the stormwater permit to the new
landowner is a requirement of the permit. Once the system has been repaired,
approved, inspected and certified, the process to transfer the permit can begin.
If you have any questions, please do not hesitate to call me at (910) 395-3900.
Sincerely,
'
Linda Lewis
Environmental Engineer
ENB\arl: S:\WQS\STORMWAT\LETTERS\2005\960614.may05
cc: Hansen Matthews, Maus Warwick Matthews & Co.
Sylvia Joye, New LA Development Company, LLC
Sherwin Cribb, P.L.S.
Linda Lewis
RECEIVED
MAY 0 5 gnn5
THB Company
PO Box 1605 BY:
Hopewell, VA 23860
804-458-6712 Fax 804-452-0719
May 2, 2005
Ms. Linda Lewis
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Stormwater Management Permit
Lot 58, Leland Industrial Park
Stormwater Project No. SW8 960614
Brunswick County
Dear Ms. Lewis,
THB Company received correspondence from Hansen Matthews of Maus, Warwick,
Matthews & Company regarding the situation with the stormwater management permit
for a property that was previously owned by THB Company.
In response to your claim that THB Company failed to properly construct the pond and
failed to properly maintain the pond, we offer the following comments.
Sherwin Cribb, land surveyor, of Wilmington, NC, designed the pond. The
original configuration of the pond was L-shaped with a later revised configuration
that made the pond rectangular across the rear of the property. This revised
configuration is how the pond was constructed.
We also have on file a Sedimentation Inspection Report dated 2/20/97 by Carol
Miller that finds no violations with the pond and the only comment being
"continue efforts to establish a permanent vegetative ground cover on all
remaining exposed soil surfaces". This inspection report gives a case number of
#960610 rather than the case number you have referenced in your letter. The
difference in identifying numbers may be the cause of some of the confusion.
We also have on file a Certificate of Occupancy from Brunswick County dated
1/21/97.
Page] of 2
I assure you that there was no intentional wrongdoing regarding this matter. THB
Company was under the assumption that the project was in complete compliance and
certainly did not intend to pass on any burden to the purchaser of the property. Please
review the above comments and check back in your records to see if the case number
referenced on our inspection report offers any resolution to this matter.
I look forward to your response, as it is our desire to clear this matter up as soon as
possible.
S ly,
Jo W. Harlan, I
Cc: Ms. Sylvia Joye, New LA Development Company, LLC
Hansen Matthews, Maus Warwick Matthews & Co.
Attachment: 1 (Referenced Inspection Report)
Page 2 of 2
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
LAND QUALITY SECTION: 127 Cardiml Dgive Ear., Wiltningtons NC 28405-384� (910) 395-39i
1. Project Location G5'7 [�ndn Igo") Pictures: Yes
UNo LV IPrints U Slides U. vixo U
2. Weather an 'Soi1 Conditions
3. Is site currently under notice of violation. Yes o
El"'No
4. Is the site in compliance with the S.P.C.A. and Hiles? Yes ❑
If no, check violations below:
5. Violations:
❑.. a. NoIapproved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.0007(c)
❑ g. Inadequate buffer mne, G.S. 113A-57(1)
❑ b. Failure to follow approved plan, G.S. 113A-61.1
❑ It. Graded slopes and fills too steep,
❑ c. F ailuie to submit revised plan, G.S. 1I3A-54.1(b) and.
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0024(d)
15A N.C.A.C. 4B.0018(a)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
❑ j. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0007(b) or 15A N.C.A.0 4B.0024(e)
15A N.C.A.C. 4B.0013
❑.a. Insufficien mer�:ures.t�ctain sediment on site, G.S. 113A-57(3)
❑ It. Other(describe)
❑ f. Failure to take all reasonable measures, 15A N.C.A.C.4B.0005
6. Has sedimentation damage occurred since last inspection? Yes ❑
If yes, where? (check all that apply): No ❑--"
Lake/hattral watercourse on the tract ❑ Lake/natural watercourse
off the tract ❑ Other.property❑
Description
. Degree of damage: - Slight ❑ Moderate ❑ Severe ❑ "
7. Contact made with (Name) �D /2 nr' f'�r "S"t./
Title
Inspection Report given ❑ or sent Q'� to Person Financially Responsible. Date given/sent C;) i
8. Corrective actions needed:
Comments: e i P Qe r- d-R
ke"I C/
t
Report by: �fi.t �,/ /(�l/f , Others
Date of Inspection �9 - A 0 - L7— Time arriving on site Tune leaving site
cc:
DIV OF WATER QUALITY Fax:9197332496
«« Transmit Conf.Report ��
P.1 May
�-cE�CTt�IV�Y,
MAY 0 4 2005
2 2005Y1°6 1-4
Fax/Phone Number
Mode
Start
Time
Page
Result
Note
919103502004
NORMAL
2,16:14
1'09"
4
* 0 K
05/02/2005 00:45 FAX 6044520719 HARLAN CONSTRUCTION
CONSTRUCTION COMPANY, INC.
602 ELM COURT - F.O->807C 1605 HOPEWELL, VA 2381i0
Fax Transmittal
a 001
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05/02/2005 00:45 FAX 8044520719 HARLAN CONSTRUCTION
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CONSTRUCTION COMPANY, INC.
602 ELM COURT • P.O. BOX 1605 • HOPEWELL, VA 23860
Fax Transmittal
From: r1a IQ'_1 Date: 5 Ial cS Time: l' 50
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To:
Company: N C 1e. + Attn: �1 f�A 1 c
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Pages Sent: Cover Plus 3 Page(s)
Please contact our office if all pages of this transmittal are not received or are unclear.
INDUSTRIAL • COMMERCIAL GENERAL CONTRACTORS
TEL. (804) 458-6712 FAX (804) 452.0719
05/02/2005 00:45 FAX 8044520719 HARLAN CONSTRUCTION
THB Company
PO Box 1605
Hopewell, VA 23860
804-458-6712 Fax 804-452-0719
May 2, 2005
Ms. Linda Lewis
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Stormwater Management Permit
Lot 58, Leland Industrial Park
Stormwater Project No. SW8 960614
Brunswick County
Dear Ms. Lewis,
THB Company received correspondence from Hansen Matthews of Maus, Warwick,
Matthews & Company regarding the situation with the stormwater management permit
for a property that was previously owned by TUB Company.
In response to your claim that THB Company failed to properly construct the pond and
failed to properly maintain the pond, we offer the following continents.
Sherwin Cribb, land surveyor, of Wilmington, NC, designed the pond. The
original configuration of the pond was Lshaped with a later revised configuration
that made the pond rectangular across the rear of the property. This revised
configuration is how the pond was constructed.
We also have on file a Sedimentation Inspection Report dated 2/20/97 by Carol
Miller that finds no violations with the pond and the only comment being
"continue efforts to establish a permanent vegetative ground cover on all
remaining exposed soil surfaces This inspection report gives a case number of
#960610 rather than the case number you have referenced in your letter. The
difference in identifying numbers may be the cause of some of the confusion.
We also have on file a Certificate of Occupancy from Brunswick County dated
1/21/97,
Pagel of 2
05/02/2005 00:45 FAX 8044520719 HARLAN CONSTRUCTION
Z 00a
I assure you that there was no intentional wrongdoing regarding this matter. THB
Company was under the assumption that the project was in complete compliance and
certainly did not intend to pass on any burden to the purchaser of the property. Please
review the above comments and check back in your records to see if the case number
referenced on our inspection report offers any resolution to this matter.
I look forward to your response, as it is our desire to clear this matter up as soon as
possible.
S ly,
Jo W. Harlan I
Cc: Ms. Sylvia Joye, New LA Development Company, LLC
Hansen Matthews, Maus Warwick Matthews & Co.
Attachment: I (Referenced Inspection Report)
Page 2 of 2
05/02/2005 00:46 FAX 8044520719 HARLAN CONSTRUCTION Z 004
Caac /r
' , REPORT
1N INSPECTION
NORTH CAROLMA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
LAND QUAIIIYSEC7'IONr 127 Cardmal ive Es., WiLnt'�/ygron�NCIB405384 (910)395
pcaon F' - -Wy narblc
--
Addrus
1. psoj«[ Locatio pictures: Yo
❑ No [],� Prim slide. Nidcn LL
2. Wcathcr and Soil Conditions
3. Is site eau n ly under notice of violation. Yes o
4. Is the site in compliance with the S.P.C.A. and mics? Yu L! No ❑
If no. check violations below:
S. Violations:
�. A. No appmvcd plats, G.S: 113A-57 (4) and 15A N C.A.0 4B.0007(c)
buffo zone, G.S. 113A-57(l)
g.
b. Failure to follow approved plan, G.S. 113A-61.1
Graded sloatc
h. Graded slopes and 15 too stccp,
G.S. 7(2) or 4BA024(d)
a F ailure to submit revised plan, G.S. 113A-54.1(b) and
pes,N.0G.C.
d slopes,
i. Unprotcctcdcaposcdslopcs,G.5.113A-57(2)
Unprotected
15AN.CA.C.4B-0018(a)
d. Failure to provide adequate gtotuadcovcr, G.S. 113A-57(3) and
j. Failure to maintain erosion control mcasturs,
15A N.C-..C. 4B.0007(b) or 15A N.C.A.0 4B.0024(c)
15A N.0 AC. 4B.0013
El c. Insufficient measures to retain sediment on site, G.S. 113A.57(3)
❑ k. Othct(describc)
El I. Failure to take all treasonable mcu=s, 15A N.C.A.C.411.0005
Yes El
If yes, whcm? (cheek all that apply): No ❑�
age occued since last inspection?
6. Has sedimentation damoccurred
im
Lskc/natural watercourse on the tract ❑ Lakc/natural watercourse
off the tract ❑ Other propcny ❑
Dc cripuon
Degree of damage: Slight ❑ Moderate ❑ Sevuc ❑
7. Contact made with (Name) Tide
❑ or E),' to pcnon Financially Responsible. Date givcnlsent eP - 4 :2
Inspection Report given sent
8. Conr'ctivc actions ncodcd,
Report by' —7 Others Prmcn,
Date of Inspection -9 • Tune artiving on site Time leaving
cc:
\NArFR
I
w —i
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 14, 2005
Ms. Sylvia Joye, Member/Manager
New LA Development Company, LLC
9201 Industrial Boulevard, NE
Leland, NC 28451
Subject: Stormwater Management Permit
Lot 58, Leland Industrial Park
Stormwater Project No. SW8 960614
Brunswick County
Dear Ms. Joye:
The Division of Water Quality issued a stormwater management permit to Mr. John Harlan of
the THB Company on August 5, 1996, for the construction of a building, parking, gravel area
and stormwater detention pond for the treatment of runoff from the built -upon areas associated
with the construction of this project, as required by NCAC 2H.1000.
The Division performed a compliance inspection on March 10, 1998, and issued a Notice of
Violation for failing to construct a part of the pond, failing to maintain the pond, and failing to
submit the required Engineer's certification. Mr. Harlan signed for and received the Notice of
Violation on March 13, 1998. To date, none of the deficiencies listed in the Notice have been
corrected.
Another inspection was performed today, and the inspector found the same problems as
previously existed. In the interim, it seems that Mr. Harlan sold the property to you and did not
transfer the stormwater management permit as is required by the permit, leaving you with the
option of civil litigation to recover the costs associated with bringing this system into
compliance.
As the current owner, it now falls to you to take over the permit and restore this system to
design condition. The Division solicits your cooperation in tracking down Mr. Harlan in order to
compel him to comply with the permit conditions and provide you with a system that is in
compliance.
Please find attached copies of all documents referred to in this letter. Please do not hesitate to
contact me at (910) 395-3900 if you have any questions, or if you can provide me with a
mailing address or phone number for Mr. John W. Harlan of THB Company.
Sincerely,
Linda Lewis
Environmental Engineer
ENB\arl: S:\WQS\STORMWAT\LETTERS\2005\960614.apr05
cc: John Harlan, THB Company
Linda Lewis
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicet-877623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919)733-2496 Internet, h2o.encstate.nc.us North Carolina
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Brunswick County, NC Register of Deeds
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Filing Date: 09/19/1996 Book: 1108 Page: 792 Type: D/T 1ST
COLN
Parcel: 00000000000225000
Desc: LOT 58 SEC 10 LELAND INDUSTRIAL PARK PH 2
Grantor HARLAN, JOHN W -III View Image
Grantee FIRST COLONIAL FINANCIAL CORP View Detail
TR,
Filing Date: 09/19/1996 Book: 1108 Page: 820 Type: ASGMT
Desc: LOT 58 SEC 10 LELAND INDUSTRIAL PARK
Grantor HARLAN, JOHN W -III View Image
Grantee FIRST COLONIAL BANK F S B, View Detail
Filing Date: 09/19/1996 Book: 1108 Page: 829 Type: D/T IST
COLN
Parcel: 00000000000050000
Desc: LOT 58 SEC 10 LELAND INDUSTRIAL PARK
Grantor HARLAN, JOHN W -III View Image
Grantee FIRST COLONIAL FINANCIAL CORP View Detail
TR,
Filing Date: 11/07/2002 Book: 1656 Page: 1245 Type: DEED
Parcel: 10000023000960000
Desc: $780.00 NW L 58 SEC 10 LELAND INDUSTRIAL PARK
Grantor HARLAN, JOHN W III View Image
Grantee NEW LA DEVELOPMENT CO LLC, View Detail
http://rodinfo.brunsco. net/index. ntk?s=mJKMgJgQo34RZxZAXMYF4N YF4FZFgZIR81 Z.
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North Carolina
Elaine F. Marshall DEPARTMENT OFTHE
Secretary SECRETARY OF STATE
Corporations
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Date: 4/13/2005
Click here to:
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Corporation Names
Name Name Type
NC THB COMPANY OF Legal
WILMINGTON,LLC
Limited Liability Company Information
SOSID:
0513398
FID:
Status:
Current -Active
Date Formed:
12/1/1999
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address:
Merrell, Dan L
2304 Mercantile Dr Ne
Leland NC 28451
2304 Mercantile Dr Ne
Leland NC 28451
No Address
No Address
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=4745406 4/13/2005
..
2 304 5149 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 651464
Date Filed: 11/1/2002 11:41:00 AM
Elaine F. Marshall
North Carolina Secretary of Stale
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
The name of the limited liability company is: pieto (,14 beye (opmfhi' eon_p" y LI.0
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each person is executing these articles of organization in the capacity ofa
member, organizer or both).
�5yluca C. Sye,t U"�
9201 1 V"dus4,-,c.l i31✓d N.f
L.Cf0.l..dI ANc 2 St(S I
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 9 2.0 1 Z vvd a 1 Fr. i. (0 d A/ F—
City, State, Zip Code 1! l AvJ AIG 2 3gg-i County runs u), r'L
5. The mailing address, if different from the street address, of the initial registered office is:
6. The name of the initial registered agent is: 5VIU i a i'. J &
7. Principal office information: (Select either a or b.)
a. [YThe limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and p Code
I
City, State, Zip Code
The mailing address, if differentfrom the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
Check one of the following:
✓ (i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is theme ay of QC r 2002
'/lyiaGJog t XAc"ev-
Type or Print Name and Title
NOTES:
1. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form L-01)
SOSID: 0651464
Date Filed: 7/6/2004 11:14:00 AM
C2SB/11700M Elaine F. Marshall
North Carolina Secretary of State
C200414700437
A.A.aLulAta:... LIMITED LIABILITY COMPAW (L.LC"
ANWAL REPORT
A.o.�r1..
NAME OF Lim= LUBLLDY COMPANY: NEW LA DEVELOPMMT CO LLC
STATE OF FORMATION: NC KCAL YEAR ENOM:
MONTWOAWYEM
sEcPETARYOFSTATEL1.c.I)WM0ER: 0651464 FTDERALEMPLOYERIONuMBER: 47-0893240
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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
CERTIFIED MAIL NZ 312 648 706
RETURN RECEIPT REQUESTED
Mr. John W. Harlan
T H B Company
PO Box 1605
Hopewell, VA 23806
9
Dear Mr. Harlan:
A � : '
al��
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 10, 1998
Subject: NOTICE OF VIOLATION
Leland Industrial Park, Lot 58
Stormwater Permit No. SW8 960614
Brunswick County
On March 10, 1998, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as Leland Industrial Park, Lot 58, located on Merchantile Drive in the Leland Industrial Park,
Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 960614, issued to you on August 5, 1996.
The project has been found in violation of Stormwater Permit Number SW8 960614, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
1. Section II, Item la -Failing to construct the pond in accordance with the approved plans.
a. A part of the pond has not been constructed, resulting in deficient surface area and storage
volume.
b. The orifice is not properly located in the outlet, it is not angled down, and it is not screened
to prevent clogging.
C. The orifice size appears to be much larger than the approved 1.5".
2. Section II, Item 2a-g-Failing to maintain the pond in accordance with the Operation and Maintenance
plan. The inlet swale is severely eroded, and the pond slopes need stabilization.
3. Section II, Item 5-The Engineer's Certification has not been received.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
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Mr. Harlan
March 10, 1998
Stormwater Permit No. SW8 960614
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violations
and a time frame for completion of those actions, on or before April 10, 1998.
2. Submit revised plans, application, design calculations, and $385.00 modification fee for the pond
which indicate that the pond, as built, will provide sufficient surface area and volume to meet the
minimum requirements, or excavate the remaining pond area as shown on the approved plan.
3. Replace the large orifice with the approved 1.5", per the approved plan, and angled down to prevent
clogging.
Repair the eroded inlet swale and seed or sod the pond slopes to achieve a vigorous stand of grass.
Submit the required Engineer's Certification upon completion of the items above. If the pond design
will be modified, please submit the Certification upon receipt of the modified permit.
Failure to provide the "Plan of Action" by April 10, 1998, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
If you have any questions concerning this matter, please call Ms. Linda Lewis at (910) 395-3900
Sincerely,
Rick Shiver, P.G.
Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\960614.MAR
cc: Ward Andrews, P.E.
Delaney Aycock, Brunswick County Building Inspections
Bradley Bennett
Linda Lewis
Central Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
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