HomeMy WebLinkAboutSW8990306_Historical File_20180515 ROY COOPER
F
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR.
Land Resources Interim Director
ENVIRONMENTAL QUALITY
May 15, 2018
Mr. Raiford G.Trask,Jr.
1202 Eastwood Road
Wilmington,NC 28403
Subject: Permit Correction
Westfall Office Park
Stormwater Permit No. SW8 990306
New Hanover County
Dear Mr. Trask:
The Wilmington Regional Office has issued several revisions to the subject project over the years. It was
most recently issued on March 3,2017. While reviewing an offsite permit draining to this master permit,
the DEMLR discovered an error in the impervious accounting. Please replace the previously issued
permit with the enclosed corrected permit will be effective until April 10,2023.
Correction Summary(See Attachment C):
On 11/14/06 and on 1/10/08,the DEMLR issued Plan Revisions that unnecessarily complicated the
impervious accounting of SW8 990306. In both cases roads and other infrastructure totaling 23,369sf of
impervious was added to SW8 990306. However,the master table for SW8 990306 was updated to show
that this 23,369sf of impervious was allocated inside of SW8 060944 rather than SW8 990306. The
23,369sf should have been accounted for as "onsite road" for SW8 990306. That has been corrected by
moving 23,369sf of impervious out of SW 060944 and counting it as "road" in SW8 990306. (See
Attachment B, 5/15/18). Additionally,the 11/14/06 SW8 060944 could have claimed 85% of its lot area
which would have been 34,001sf of impervious area though it only claimed 25,434sf. The difference,
8,567sf,has been added as "future" allocation for SW8 060944.
This project is subject to the conditions and limitations as specified in the corrected permit. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the
BMP(s), recordation of deed restrictions, certification of the project,procedures for changes of
ownership,transferring the permit, and renewing the permit. Failure to establish an adequate system for
operation and maintenance of the stormwater management system,to record deed restrictions,to transfer
the permit, or to renew the permit,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 by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty(30)days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee(if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center,Raleigh,NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
State of North Carolina I Envimnmental Qu:-lity I Energy.Min_I al and Lane:Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
U107?6i215
State Stormwater Permit No. SW8 990306
Page 2 of 2
If you have any questions,need additional copies of the permit or approved plans,please contact Kelly
Johnson with DEMLR in the Wilmington Regional Office at(910) 796-7215.
Sincer ly,
.3-)7.-XL..12), S sc_
. 3,William E. (Toby)Vinson,Jr.,PE, CPESC, CPM,Lnterim Director
Division of Energy,Mineral and Land Resources
GDS/kpj: \\\Stormwater\Permits &Projects119991990306 HD12018 05 permit_correction 990306
enc: Attachment A: Designer's Certification Form
Attachment B: Impervious Summary
Attachment C: Correction Summary
cc: New Hanover County Building Safety Department.
New Hanover County Engineering
Wilmington Regional Office Stormwater File
•
State of North Carolina I Environmental(laity I Energy,Mineral and Lani Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215
State Stormwater Management Systems
Permit No. SW8 990306
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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
Mr. Raiford G. Trask, Jr., Owner
Westfall Office Park
Military Cutoff Road at Sir Tyler Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of 4 wet detention ponds in compliance with the
provisions of 15A NC:AC 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 Energy, Mineral and Land
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until April 10, 2023 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 of this permit. The stormwater controls have been
designed to handle the runoff from a specific amount of built-upon area as
summarized in Attachment B.
3. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
4. The amount of built-upon area draining to each pond will be limited as indicated in
Section 1.6 of this permit, and per the approved plans.
5. No lot lines have been shown on the plans for the future development. The
maximum lot built-upon area for each future subdivided lot is limited to 85% of the
individual lot area.
Page 3 of 11
State Stormwater Management Systems
Permit No. SW8 990306
6. The following design criteria have been permitted for the four (4) proposed wet
detention ponds and must be maintained at design condition:
POND 1 POND 2 POND 3 POND 4
a. Drainage Area, acres: 5.18 17.21 8.62 25.15
Onsite, ft2: 225,640 749,668 375,487 1,095,534
Offsite, ft2: 0 0 0 0
b. Impervious Areal, ft2: 205,644 589.464 285,841 710,028
c. TSS Removal 90% 90% 90% 90%
d. Design Depth, feet: 7.5 7.5 7.5 7.5
e. Permanent Pool SA, ft2: 8,337 22,052 12,511 36,000
f. Permanent Pool Ele., fmsl: 13.5 14.3 15.0 14.0
g. Temporary Pool Ele. fmsl: 15.5 16.5 17.0 15.35
h. Provided Storage Volume, ft3: 19,631 54,250 28,806 68,580
i. Controlling Orifice, diameter: 2"cp 3"cp 2"cp 3"cp
j. Permanent Pool Volume, ft3: 30,373 83,070 47,104 96,637
k. Max. Fountain HP: 1/8 1/3 1/6 1/3
I. Receiving Stream (all ponds): UT Howe Creek
m. River Basin / Index Number: CPF24 18-87-23
n. Stream Classification: "SA ORW" (chlorides 31 ppm)
'See Attachment B
II. 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 facilities shall be constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting data.
4. The permittee shall at all times 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 revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch
basins and piping.
a. Access to the outlet structure must be available at all times.
5. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
Page 4 of 11
State Stormwater Management Systems
Permit No. SW8 990306
6. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray
fountain 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 Ponds 1, 2, 3 and 4 is 1/8, 1/3,
1/6, and 1/3, respectively as listed in Section 1.6 (k) of this permit.
7. 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.
8. The Permittee shall maintain a copy of the approved plans and specifications on file
at all times.
9. The permittee is responsible for verifying that the proposed built-upon area does not
exceed the maximum allowed under this permit.
10. The runoff from all built-upon area within any of the drainage areas on the project
must be directed into the appropriate permitted stormwater control system.
11. 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.
12. All future development projects within the drainage area of any permitted pond must
submit proposed plans to the Division for approval prior to construction. If the project
is owned by the permittee, a separate permit will not be required. If the project has
been sold, the new owner must submit an offsite permit application. In either case,
development plans must be submitted for approval.
13. Prior to the sale of any portion of the property, the following statements and
restrictions must be recorded with the Register of Deeds:
a. The built-upon area is limited to a maximum of 85% of the lot area. Built-upon
area includes, but is not limited to, impervious and partially impervious surfaces
such as structures, asphalt, concrete, brick, slate, coquina, gravel and permeable
pavement, but does not include raised, open wood decking, or the water surface
of swimming pools. The allocated amount of built-upon area for the lot includes
that portion of the right-of-way between the front lot line and the edge of
pavement.
b. All runoff from the built-upon area on the lot must be directed into the forebay of
the appropriate detention pond, as indicated on the approved plans.
c. The owner of any subdivided lot within the scope of stormwater permit SW8
990306 must submit an offsite permit application to the Division prior to any
construction on the lot.
Page 5 of 11
State Stormwater Management Systems
Permit No. SW8 990306
14. A copy of the recorded deed restrictions must be submitted within 30 days of
recording.
15. An access/maintenance easement to the stormwater facilities shall be granted in
favor of the permittee if access to the stormwater facilities will be restricted by the
sale of any portion of the property.
16. The following actions will require a modification to the permit:
a: Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built-upon area.
c. Further subdivision or sale of the project area, in whole or in part.
d. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
17. The Director may determine that other revisions to the project should require a
modification to the permit.
18. 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.
19. The area of the project to the north of Pond 4 which is identified on the approved
drainage area map as Tracts F and G, is not included in the drainage area of any
pond. Prior to development this area must submit for either a permit modification or
an individual permit. If this area is sold, the permittee must provide the Division with
the name, address and phone number of the new owner within 30 days of the sale,
in writing.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation as
listed on the form, to the Division of Energy, Mineral and Land Resources at least 60
days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made subject
to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure;
e. Dissolution of the partnership or corporate entity;
f. A name change of the current permittee;
g_ A name change of the project;
h. A mailing address change of the permittee;
2. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the stormwater rules, is subject to enforcement
action as set forth in North Carolina General Statute 143 Article 21.
Page 6 of 11
State Stormwater Management Systems
Permit No. SW8 990306
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) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, 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 DEQ Staff permission to enter the property 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 reissuance or termination
does not stay any permit condition.
7. Built-upon area is defined as impervious and partially impervious surface such as
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and permeable
pavement, but does not include raised, uncovered, open slatted decking, or the
water surface of swimming pools.
Permit corrected and reissued this the 15th day of May 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
(Daeci:9
604.Tracy E. avis, P.E., Director
Division of nergy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 990306
Page 7 of 11
State Stormwater Management Systems
Permit No. SW8 990306
Attachment A: Designer's Certification Form
Wesifall Office Park
Stormwater Permit No. SW8 990306
New Hanover County
Designer's Certification
, as a duly registered
in the State of North Carolina, having been
authorized to observe (periodically/weekly/full time) the construction of the project,
(P
roject)
for (Project Owner) hereby state that, to the
best of my abilities, due care 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 included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Page 8 of 11
State Stormwater Management Systems
Permit No. SW8 990306
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. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and
a forebay.
14. The overall dimensions of the system, as shown on the approved
plans, are provided.
cc: NCDEQ-DEMLR Regional Office
New Hanover County Building Inspections
Page 9 of 11
Attachment B
Impervious Area Master Table
SW8 990306 -Westfall Office Park
5/15/2018
Pond 3
Pond 1 Pond 2 Prior to Correction Pond 4
5/15/18 5/15/18
Maximum Allocated Impervious Total: 205,644 589,464 285,841 285,841 710,028
4Roads 29400 31112 0 23,369 43560
Tract
Permitted OP BUA @85% Number 176,244 558,352 285,841 262,472 666,468
Offsite permits allocated BUA to date: 105,852 464,431 237,358 222,556 620,674
Future OP Allocation Available: 70,392 93,921 48,483 39,916 45,794
SW8 000210 Pharma Research 197,737
SW8 010703 Rx Express Marketing 18,457
SW8 040807 Atlantic Animal Hospital 20,400
SW8 050321 FNB Properties 44,056 105,785
SW8 0609445 Gateway Bank El 48,803 34,001
SW8 070409 The Pines 281,074
SW8 0903372 Westfall Medical Offices - 0
SW8 090421 Wilmington Board of Realtors 37R& 38R 61,012
SW8 131009 Goodwill 58,093
SW8 1401071 Springhill Suites 79,010
SW8 150804 Mayfaire Flats I - E2D1-R 124,385
SW8 161108 FLATS on Main E2D2-R 154,203
SW8 170702 Ashes Drive Office Building _ 43,042
SW8 1802133 Renaissance Market E2B Rev 3,703 188,555 188,555
Includes 8,000sf of offsite BUA from the road extension adjacent to Ashes Drive Office Bldg.
2This permit was rescinded on January 8,2016 and was replaced by SW8 150804.
3lncludes 9795 sf of existing BUA for the access drive adjacent the Gateway Bank parcel (now Aquesta Bank)
4The road area to Pond#1 needs to increase due to the widening of Sir Tyler Drive. Corrections to the BUA
amounts for FNB and the Goodwill need to be made due to the incorrect allocation of BUA to these lots for the
addition of the access drive.
5See Permit Correction,Attachment C (5/15/18)
Attachment C - Correction Summary
Prior to correction
5/15/18 5/15/18
0.92 0.92 ac
SW8 060944 Project Areal
I 40,0011 40,001 ft2
SW8 060944 Max Impervious, 85% I 34,001I 34,001 ft2
SW8 060944 Allocated Impervious I 48,803I 34,001 ft2
Onsite Buildings 4,469 4,469 ft2
Onsite Streets 0 0 ft2
Onsite Parking 19,692 19,692 ft2
Onsite Sidewalks 1,273 1,273 ft2
Future 0 8,567 ft2
Offsite4 23,369 0 ft2
SW8 990306 Plan Revision, 11/14/062 13,535 0 ft2
SW8 990306 Plan Revision, 1/10/083 9,834 0 ft2
1Per Deed BK5957/PG1056-1060 & Map Book 50 Page 344
2Infrastructure improvements associated with Gateway
3New Access Road for Gateway Bank/Aquesta Bank
4On 11/14/06 and on 1/10/08, DEMLR issued Plan Revisions that
unnecessarily complicated the impervious accounting of SW8
990306. In both cases roads and other infrastructure totaling
23,369sf of impervious was added to SW8 990306. However,the
master table for SW8 990306 was updated to show that this 23,369sf
of impervious was allocated inside of SW8 060944 rather than SW8
990306. The 23,369sf should have been accounted for as "onsite
road"for SW8 990306. That has been corrected by moving 23,369sf
of impervious out of SW 060944 and counting it as "road" in SW8
990306. (See Attachment B, 5/15/18). Additionally,the 11/14/06
SW8 060944 could have claimed 85%of its lot area which would
have been 34,001sf of impervious area though it only claimed
25,434sf. The difference, 8,567sf, has been added as "future"
allocation for SW8 060944.
LIMITED LIABILITY COMPANY ANNUAL REPORT
10/2017
NAME OF LIMITED LIABILITY COMPANY: WESTFALL PROPERTIES, LLC
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 0515341 STATE OF FORMATION: NC E-Filed Annual Report
0515341
REPORT FOR THE CALENDAR YEAR: 2018 CA201813600807
5/16/2016 11:41
SECTION A: REGISTERED AGENT'S INFORMATION nChanges
1. NAME OF REGISTERED AGENT: Trask, Raiford G , Jr
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
1202 Eastwood Rd. 1202 Eastwood Rd.
Wilmington, NC 28403-2012 New Hanover County Wilmington, NC 28403-2012
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Maintenance Organization for Westfall Property
2.PRINCIPAL OFFICE PHONE NUMBER: (910) 313-0795 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS
1202 Eastwood Rd. 1202 Eastwood Rd.
Wilmington,NC 28403-2012 New Hanover County Wilmington,NC 28403-2012
6. Select one of the following if applicable.(Optional see instructions)
❑ The company is a veteran-owned small business
I I The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME: Raiford G Trask , Jr NAME: NAME:
TITLE: Manager TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
1202 Eastwood Rd
Wilmington,NC 28403-2012
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Raiford G Trask Jr 5/16/2018
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Raiford G Trask Jr Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525