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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 Customer Service 1-877-623-6748 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 S§d }nkd/ b& \. Ar,4 Grid = \ pa y \5 e [9 « u f(p) 89 » e3 E1 %65-)� g\= /i( \v eda. : a t Z \ *.m \U§}= GZC§ 4 8Ef 9\ q z $Q2 %=\(5}lA= %2§ q�\ 51 b_ (r9; >yG;&a«%=go2 pp _ 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 i • 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 'e C3 ru cp .. • .J1 For delivery Inform tion visit our website at �.uspsxorea USE OF �Q AL N m Postage $ -3, I,q O Certified Fee G'1(� (io ,c �} Receipt FeeHem �O ark T9 0 Return (Endorsement Required) C7 LL O 0" Restricted Delivery Fee (EndomemeM Required) �' N m � Total Poslega 8 Fees $ 1 7 �� \ 0 ? •y� � Q r Ln r3 nt o Mr h----'..nv-�- ==----------- 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 From: fl sa ►Q _ 11 Date: r-) J 05 Time:_ _ To: _ Company:,__C ON �Lnv,) te.r_Attn: on a Lr&,,)Lc N R,f ��SoW2c� Fax#:=9 i q j',' a496 Subject: *rww4&r o�.�- Ril 05/02/2005 00:45 FAX 8044520719 HARLAN CONSTRUCTION ®001 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 IT To: Company: N C 1e. + Attn: �1 f�A 1 c Fax#: Subject:�Y+�Wadwac_mgm} 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 An Equal Opportunity/Affirmative Action Employer —50°/ Recycled/10°/ Post Consumer Paper Naturally Brunswick County, NC Register of Deeds Page 1 of 2 Robert J. Robinson Register of Deeds Serving the citizens since 1980 910-253-2690 OFFICE 877-625-9310 TOLL FREE 910-253-2703 FAX Send us an E-mail message P.O. Box 87 75 Courthouse Dr. Bolivia, NC 28422 Search Results for Combined Real Property Your search returned 4 record(s). View Printer -Ready Page Return to search page - Return to Main Menu 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. 4/13/1011 Brunswick County, NC Register of Deeds Page 2 of 2 Return to search page Return to Register of Deeds Information Page Copyright 2000-2004, Internet Technologies, Inc. All rights reserved. http://rodinfo.brunsco.net/index.ntk?s=mJKMgJgQo34RZxZAXMYF4NYF4FZFgZIR81Z... 4/13/2005 /; Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE Corporations *Corporations Home °Important Notice *Corporate Forms/Fees •Corporations FAQ *Tobacco Manufacturers *Dissolution Reports •Non -Profit Reports *Verify Certification *Online Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills •2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 *Other Legislation Search •By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print •Printable Page PO Box 29022 Raleigh, NC 27626-0622 f9191807-2000 Date: 4/13/2005 Click here to: View Document Filings I 71q-]Print.apre-populated Annual Report Form I File an Annual Report I 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 Y"d w ad www mw nBO You MUST Comm TTB EBTOHB mu 2 /wr LLCY YYlnrbn hu not dwvod skm On P+AA IAPAK PNw d" wUox w:d mnp, - Br 7. S I. REoWMM AWW A FWAWMW OPFICE STReET ADDRESS - SNCLWE COUNTY: MM baA N" CWA= Aikag t*M .. Norz,P 2$4s) C11q a" 2 3. IF THE REOWERED AWW CHANGED. THE NEW AOFNT MUST Uft L E NM PPAMPAL OFFICE ADDRESS AND TELEPHONE NUMBER FNFS1Es 9za/ ZA?D, .t3i.V p ci� LC .), n 295/S� TAYpgIr.Nutbl.hdudkiBawA.AAdA 9�0� ass-Gf�`� .. IL 1]NIER NAME, TMF AND e1 WRIS ADDR688 OF MWAWFASXW30 i1rS) OR F THE LLC HAS WM HUAO LleAem ITS ORW4=: (ATTACH A001T'IO04L PAM r IICafART) NAME- WANEW AVOFIW- 7. TW of AMOK NWgkfA-r CoWUMM BY ALL LWM UAMdTY~A=L F MWT 314I NE0 BYA1WIA0 ,7 DATE PRESIDENT' SYLVIA C. JOYS MARA� TYPE OR ti@R NAIR TTRd AMM W RPM FW+ S O= MAL TO: SAawry of St111 . Cwpwdbm CMdm . Pod 0111w Box 29M. RAWSh NC 174:&4M AIBI miss$BB SIBSt12151 S II S= ■EIIISIIIBIIMM41mm IIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIINII�IINI�I _. 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 m SENDE .V .•Complete item ardor 2 for additional services. .. _,.y I also wish to receive the m -Complete Items 3.48, and 4b. following services (for an • Pdnt your name and address on the reverse of this form so that card to you. we can return this extra fee): j "Attach this form to the from of the mallpiece, or on the back if apace does not f, ❑ Addressee's Address o permit. •Wrile'Refum ReceiptRequested'on the mailpiece below the article number. Q, ❑ Restricted Delivery m y $ e •The Return Receipt will show to whom the article was delivered and the date delivered. .. - , Consult postmaster for fee. S 3. Article Addressed to: 4a. Article Number Rx m 2 312 Co4S 7(]p E f, Hr. /) i�2r2rn 4b. Service Type ro sag I Coo 5 ❑ Registered XCerfified � I-ffPeWC(11 VA Z3$O& ❑ Express Mail ❑ Insured 5 � ❑ Return Receipt for Memhandise ❑ COD 1•• 7. Date of Delivery /! — 5. Received By: (Print Name) 8. Addressee's Address (Only i requested Uj and fee is paid) 6. S n t : (ddre Agent) �} T w- W Pf Form 3811, %camber 1994 102595-97-B-0179 Domestic Return Receipt Z 312 648 706 I US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. 4 a I uo not use for International mail see reverse Sent to Tohn Har6n 11VI" ` Irpos Past office, state 1 P �fA Z 3OlN� Postage $ Cergf ed Fee 3 S Spacial Delivery Fee Restricted Delivery Fee Rehm Receipt Showi rg to Whom d Date Delivered Reim Recut Showing Date, If Addressees TOTAL Postage Postmark or Da d � 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 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper