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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