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SW8040509_HISTORICAL FILE_20130218
STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 Gy0soC:I\ DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS © HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ZO v. ) 0211�: YYYYMMDD CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary February 18, 2013 Mr. Thomas N. Tucker, Manager Three Oak Property, LLC 1630 Military Cutoff Road Wilmington, NC 28403 Subject: Approved Plan Revision, Name Change, and Project Extension The Park at Three Oaks Stormwater Permit No. SW8 040509 New Hanover County Dear Mr. Tucker: On February 15, 2013, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8 040509 and change the name of the project. The revisions include reallocating the impervious area as specified on the approved plan, and approving trees to be installed in the infiltration basins per the calculations PE stamped on February 15, 2013. It has been determined that a formal permit modification is not required for the proposed changes.We are forwarding you an approved copy of the revised plans for your files. Please add the attached plans to the previously approved plan set. The project name has been changed from Three Oaks Mixed Use Development to The Park at Three Oaks. The owner remains Three Oak Property, LLC. On August 5, 2009, the Governor signed Session Law 2009-406, This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes,which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010,the Governor signed Session Law 2010-177,which granted an extra year for an extension of up to four(4)years. The Division is hereby notifying you that permit SW8 040509 has been extended on February 18, 2013, and shall be effective until May 20, 2018,which includes the extensions. For your records, please find enclosed a copy of the updated previously issued permit showing the new project name, new expiration date, and revised page numbers. Please be aware that all terms and conditions of the permit issued on May 20, 2004, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case-by-case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity,and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call Georgette Scott or me at(910)796-7215, i er h , l Ke Johnson vironmental Engineer GDSlkpj: S:IWQ&Stormwater\Permits&Projec1s1200M040509 HD12013 02 permit_pr 040509 cc: Luke Menius, PE, Stroud Engineering, P.A. Inspector, New Hanover County Building Inspections Wilmington Regional Office Wilmington Regional Office 127 Cardinal Dnve Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 DENR Assistance: 1-877 623-6748 NorthCarolina Internet: www.ncwateiquality.org Na{urrn/y An Fniml nnmtlnnim 1 ARumnlivn Arinn Fmnlnvar ` L K(`✓y DWQ'USE ONLY {� Da a Received Fee Paid(express only) Permit Number S D State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Stormwater Management Permit Number: SW8 040509 2. Project Name:The Park at Three Oaks 3. Permit Holder's name(specify the name of the corporation,individual,etc.): Three Oak Property,LLC 4. Print Owner/Signing Official's name and title(person legally responsible for permit): Thomas N.Tucker,Member 5. Mailing Address for person listed in item 2 above: 1630 Military Cutoff Road City: Wilmington State: NC Zip: 28403 q � Phone: ( 910 ) 256-0021 Fax: H — E Q `!Y E Email: tntucker100®gmail.com JAN 0 8 2013 II. PLAN REVISION INFORMATION BV: 1. Summarize the plan revision proposed (attach additional pages if needed): The 3 proposed office/retail buildings have been removed from the plan in favor of 3 apartment buildings. Realignment of parking and sidewalks is necessary to facilitate the revision. BUA and BMPs are unchanged. III. SUBMITTAL 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 DWQ Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials _ •_.Original£a 1 copy of the Plan Revision Application Form � • Two(2)copies of revised plans (must be revisions of original approved plan sheet(s)) ✓� If applying for or Express review (only available in 20 coastal counties): • Application fee of$500.00 (made payable to NCDENR) VI. APPLICANT'S CERTIFICATION I, (print or hype name of person listed in General Information, item 3) Thomas N. Tucker certify that I have authorized these plan revisions.and that the information included on this plan revision application is,t e st of my know]de,c orrect and complete. Signatur Date:�� Plan Revision Form Rev 13July2010 Page 1 of 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: sw8 040so9 2. Project Name: Three Oaks Mixed Use Development 3. Current Permit Holder's Company Name/Organization: Three Oak Property, LLC Thomas N. Tucker Member 4. Signing Official's Name: Title: �glro.Ue.r � 5. Mailing Address: 315 Friday Drive State: City: ton te: Zip: Wilmington NC 28411 S 'O 6. Phone: 910 538-5719 Fax: (_) II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) 0 Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: 4. Mailing Address: 1630 Military Cutoff Road City: Wilmington State: NC Zip: 28403 j;hone:.( 910 ) 256-0021 - Fax: ( 5. New Project Name to be placed on permit: The Park at Three Oaks Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) EEC BAN o R BY: SSW N/O Change Rev24Sept2012 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form• (This certification must be completed and signed b_y both the current,permit holder and the new applicant if this is a change of ownership) 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ® Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, Thomas N. Tucker , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. heck here if current permittee is transferring the property to a new owner and will n tain owner f t� he permit. I, the current permittee, a itting this application for a transfer of ownbrsNp for permit # . I her otify DWQ of the sale or other legal transfer of the stbrrawater system associated wi s permit. I have provided a copy of the most recent permit, the designe tification fo i BMP, any recorded deed restrictions, covenants, or easements, the DWQ approv s and/or approved as-built plans, the approved operation and maintenance agreement, mainte a records, and the most recent DWQ stormwater inspection report to the posed permittee na in Sections 11 and V of this form. I further attest that this applica ' or a name/ownership change is urate and complete to the best of my knowledge. I and nd that if all required parts of this applicatio a not completed or if all required su�portin ormation and attachments listed above are not include s application package will eturned as incomplete. I assign all rights and obligations as permi o the propose rmittee named in Sections II and V of this form. I understand that this transfe ow9pfsfiip cannot be approved by the DWQ unless and until the facility is in compliance with the permit. / Sign ure: � � Date: I, 0'J-- a Notary Public for the State of County of !i✓ do hereby certify that personally appeared before me this the day of W6ml6r 20J_?_ and �Na��upe 41je due execution of the s o ii ryoing instr oume t. Wit ss y hand and official seal, d .,OTA1 �,- tary Seal) �CEVVIF Nbtary Signature �m,Oj,.,o ive S - OZZ Ig ,°ueu° JI<! 0 B 1013 �'�itigNOVEA� tow$ BY:-------- SSW N/O Change Rev24Sept2012 Page 2 of 4 V. . r PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the .Proposed 7 tee for all transfers of ownership) I, , hereby notify the DWQ that I have wired through sale, lea a or legal transfer, the responsibility for operating and maintaining th permitted stormwater mana mentsystem, and, if applicable, constructing the permitted sys . I acknowledge and a st that I have received a copy of: (check all that apply to t ' permit) ® the most recent p rmit the designer's certi ' ation for each BMP ❑ any recorded deed re trictions, covenants, or easements ❑ the DWQ approved plans and/or approved as-built plans ❑ the approved operation ark maintenance agreement Bpast maintenance records fr the previous permit a (where required) DWQ stormwater inspection re ort showing co lance within 90 days prior to this transfer 1 have reviewed the permit, approved pla Band o er documents listed above, and I will comply with the terms and conditions of the permit and appr ved plans. I acknowledge and agree that I will operate and maintain the system pursuant t e requirements listed in the permit and in the operation and maintenance agreement. I f rther ttest that this application for a name/ownership change is accurate and complete to th est of m knowledge. I understand that if all required parts of this application are not completed�or if all require supporting information and attachments listed above are not included, this application package will b returned as incomplete. Signature: Date: I, , a Notary Public for the State of County of do hereby certify that personally appear before me this the ay of 20 , and acknowle a th<due xecution of the forgoing i trument. Witness my hand and official seal, (Notary S N ary Signature Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee/developer and the property owner will appear on the permit as permittees. rJOAN 0 8 2013 BY: _ SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PR PERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Propo d Permittee listed in Sections ll and V of this form is not the Property OyVner, the Property Ow r must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organ' ation: Street Address: City: State: Zip: Mailing Address: (if different m street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property identifie in this ermit transfer document and have given permission to the Proposed Permittee listed in Secti s I nd V to develop and/or, lease the property. A copy of the lease agreement or other contract, 'ch indicates the party responsible for the construction and/or operation and maintenance of the mwater system, has been provided with the submittal. As the legal property owner I acknowl ge, un erstand, and agree by my signature below, that I will appear as a permittee along with the essee/dev toper and I will therefore share responsibility for compliance with the DWO Stormw er permit. As a property owner, it is my responsibility to notify DWQ by submitting a completed ame/Ownership hange Form within 30 days of procuring a developer, lessee or purchaser or the property. I un rstand that failure to operate and maintain the stormwater treatment facility i, accordance with the pe it is a violation of NC General Statute (NCGS) 143-215.1, and ma result in appropriate enfor ment action including the assessment of civil penalties of up to $25 00 per day, pursuant to NCG 143-215.6. Signature of the prope owner Date: I, \aotary Public for the State of County of , do hereby certify that personally appeare before me this the day of 20 , and acknowled the due execution of the forgoin instrument. Witness my hand and official seal, (Notary eat) N ary Signature JAN 0 8 2013 BY.- SSW N/O Change Rev24Sept2012 . Page 4 of 4 STROUD ENGINEERING, P.A. dN44CEG3 aOC� 4GLal�]�LU7�44L�1d 102-D Cinema Drive WILMINGTON, NC 28403 DATEZ /s 20/3 JOB NO. ��- O/C/ (910) 815.0775 ATTENTION �.CQ�� TO NCD.E.,U/� RE: St-.JQ Oy oCjo I RRln ^� Z013 �- - � 1. WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS E1 ET I bmw I - ---- BY:----- ------ COPY TO SIGNE If enclosures are not as noted,kindly notify us of once. STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910)815-0775 February 15,2013 NCDENR _ Attn: Kelly Johnson 127 Cardinal Drive Wilmington,North Carolina 28405 Re: Plan Revision for The Park at Three Oaks Formerly Three Oaks Mixed Use Development SW8 040509 Dear Ms. Johnson: Please find the attached revised plans and supporting documents along with the following responses to your comments dated January 25,2013. 1. Scaled drainage area maps are found on sheet 5. An overall drainage area map depicts the area tributary to each of the 2 infiltration basins. It should be noted that this plan revision does not alter these drainage areas nor does it change the total BUA within the drainage areas. The interbasin drainage area map details the drainage patterns within the revised portion of the project. These areas were used to develop the pipe calculations included with my submittal. Note that no portions of the collection system downstream of the revised portion of the project required any changes,as the overall drainage area did not change. 2. The basins have been labeled as such on the plans. 3. I have removed the`-permitted"column from the BUA breakdown table. This was included to illustrate that there was no change in BUA from the approved plan to the current plan,but I recognize the potential for confusion. 4. 1 have attached an engineer's certification for the two infiltration basins. With regard to the cypress trees, I have attached calculations to substantiate that certification item#10 is met. 5. Three Oak Property,.LLC has resolved this matter. I have attached an updated annual report which demonstrates their good standing with the Secretary of State. Thank you for your attention to this matter. Please feel free to contact me with any additional questions or concerns. - - - Respectfully, r 'VEEI David L. Menius, P.E. Stroud Engineering,PA FEB 15 2019 Attachments fi1�07.r6lsg ow�2144/wpd/kelly2.wpd - HESTRON PLAZATWO SUITE - 102-D CINEMA DRIVE _ 151-A HWY.24 GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY, NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 C �uull )"TONS 3FlsINs INFILTRATION BASIN VOLUME/BOTTOM AREA CALCULATIONS PROJECT: 3OAKS ENGINEER: OLM DATE: 2/14/2013 NOTES: 1)THESE CALCULATIONS ARE INTENDED TO VERIFY THE BASINS SATISFY THE REQUIRED MINIMUM TREATMENT VOLUMES. 2) REQUIRED STORAGE VOLUMES WERE CALCULATED USING THE SCHULER SIMPLE METHOD AND A 1.5"DESIGN STORM. 3) POND DIMENSIONS WERE OBTAINED FROM A SURVEY BY MICHAEL UNDERWOOD AND ASSOCITATES ON 512412005, 4)VOLUME AND AREA REDUCTIONS TO ACCOUNT FOR TREES GROWING IN EACH BASIN ARE CALCULATED BY USING THE FOLLOWING ASSUMPTIONS OF MATURE BALD CYPRESS DIMENSIONS: DIAMETER AT BASE: 3.5 FT RESULTING BASE AREA: 9.6 SF(CIRCLE) DIAMETER AT STORAGE DEPTH: 2.5 FT RESULTING VOLUME: 20.7 CF(TRUNCATED CONE) STORAGE DEPTH: 2.9 FT BASIN 1 ASBUILT DIMENSSONS:. EL. tee A nc. o. oe o. 19.0 0.0 5038 0 0 19.5 0.5 5616 2664 2664 20.0 1.0 6217 2958 5622 20.5 1.5 6873 3273 BB94 21.0 2.0 7546 3605 12499 21.5 2.5 8486 4008 16507 21.9 3.0 9108 0019 20026 DRAINAGE AREA: 5.47 AC BUA: 154,550 SF = 3.55 AC IMPERVIOUS RATIO: 0.65 Rv: 0.634 =0.05+0.9-Impervious Ratio REQUIRED TREATMENT VOLUME: 18.876 CF =3630'1.5 -Rv-DA ASBUILT VOLUME: 20,026 CF NUMBER OF TREES: 25 VOLUME REDUCTION: 517 CF RESULTING VOLUME: 19,509 CF PERCENT OF REQUIRED VOLUME: 103% OK ASBUILT BOTTOM AREA: 5,038 CF NUMBER OF TREES: 25 AREA REDUCTION: 240 CF -�- RESULTING BOTTOM AREA: 4,798 CF DESIGN INFILTRATION RATE: 12 IN/HR =2/3 OF REPORTED VALUE RESULTING MIN.INFILTRATION RATE: 0.391WHR OK BASIN 2 ASBUILT DIMENISONS: y EL. Stage I SA I Inc.Vol. I TotalVol. I 19,0 0.0 3488 0 0 \��\�� CAROB �I 19.5 0.5 4109 1899 1899 �\ Q.Y•�gg� /,y/i 20.0 1.0 4754 2216 4115 `�O•DC 0�7.''/� 20.5 1.5 5452 2552 6667 21.0 2.0 6178 2908 9574 .•• •ate SEAL 21.5 2.5 6922 3275 12849 356TT 21.9 3.0 7669 15767 �, DRAINAGE AREA: 4.12 AC Qf f, t IN BUA: 115,514 SF2.65 tN \\ IMPERVIOUS RATIO: 0.64 AC //�7 f jT l" `�\\\ Rv: 0,629 =0.05+0.9-Impervious Ratio REQUIRED TREATMENT VOLUME: 14.117 CF =3630 1.5"Rv'DA _ ASBUILT VOLUME: 15,767 CF NUMBER OF TREES: 24 2I I�j Imo) _ VOLUME REDUCTION: 496 CF / RESULTING VOLUME: 15,271 CF PERCENT OF REQUIRED VOLUME: 108% OK ASBUILT BOTTOM AREA: 3,488 CF NUMBER O AREA REDUCTION: 231 CF RESULTING BOTTOM AREA: 3,257 DESIGN INFILTRATION RATE: 12 NFHR =2/3 OF REPORTED VALUE FEB 9 5 2013 RESULTING MIN.INFILTRATION RATE: DA31WHR OK �v , Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Johnson, Kelly [mailto:kelly.p.johnson(&ncdenr.govl Sent: Thursday, February 07, 2013 10:01 AM To: Luke Menius Subject: RE: 3 Oaks stormwater Let me think about this.... Do you suspect that if you took out the root ball volume/surface area that the remaining volume/surface area/etc would be big enough? I don't know if that has been done before or not, but that was my initial thought on how to resolve this. I will ask around to see how this has been handled before. Do you have any other ideas? From: Luke Menius (mailto:lmenius(a)stroudengineer.com] Sent: Wednesday, February 06, 2013 12:45 PM To: Johnson, Kelly Subject: FW: 3 Oaks stormwater You can see from the responses below that the previous engineer struck out as well. This leaves us looking to you for a determination of the fate of the trees. The county required them as part of the Special Use Permit, so they will require that we keep them. The owner likes them because they are attractive, and I tend to agree. I commented to him yesterday,jokingly,that he could make headlines by becoming the first land developer in history to chain himself to a tree to keep environmentalists from cutting it down. In all seriousness, we will do whatever is needed to make sure they are not removed. You have mentioned calculating the treatment volume reduction that mature cypress trunks would create. It would not be difficult to come up with a number and then we could either increase the basin or decrease the BUA accordingly. Let me know if you have any other ideas or if this is something that we need to sit down and discuss with Georgette. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imeni us@stroudengineer.com From: John Kuske III (mailto:jkuske3(alkuske3eng.coml Sent: Tuesday, February 05, 2013 2:51 PM To: 'Luke Menius' Cc: 'Tom Tucker' Subject: FW: 3 Oaks stormwater Luke, It appears that the main files for the subject project were recently purged. My office or my former office cannot locate the files. I did locate the permit which I assume you have and the plans. There is a note on the stormwater plan that states to see the landscaping plan by others for the stormwater infiltration pond landscaping. JOHN A. KUSKE, 111, P.E. KUSKE3 ENGINEERING, PLLC PO BOX 4031 2 WILMINGTON, NC 28406 LICENSE NO: P-0909 PHONE: 910`471.4041 E-MAIL: JKUSKE3@KUSKE3ENG.COM It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske&Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske&Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and Norris, Kuske&Tunstall Consulting Engineers, Inc. in the preparation of such data. From: John Kuske III [mailto:]kuske3Calkuske3eng.com] Sent: Friday, February 01, 2013 2:53 PM To: 'Luke Menius'; Tom Tucker' Subject: RE: 3 Oaks stormwater Gentlemen, I hope this message finds you well. I will pull the file and follow with you first of next week. Interesting message as I rode thru the complex a few weeks ago to look at the Stormwater Management System and was curious over the status of the undeveloped commercial area. The documentation you provided tells the story and it is part of approvals received from the County and NC DENR. I do remember discussing this matter with all parties related to the conflicting interest. However, again, the approved documents you provided should be sufficient. We need to revisit the language in the existing NC DENR Stormwater Permit as that is what NC DENR will hang their hat on as you know. As stated, this matter should resolve itself but I will check to see if I have any additional documentation to facilitate resolving the matter sooner than later. I have a good relationship with David Cox, Linda Lewis, Georgette Scott and others and will be glad you guys anyway I can. I will follow up with you and please tell Jimmy I said hello as well. Thanks, JOHN A. KUSKE, III, P.E. KUSKE3 ENGINEERING, PLLC PO Box 4031 WILMINGTON, NC 28406 LICENSE No: P-0909 PHONE: 910471,4041 E-MAIL: JKUSKE3@KUSKE3ENG.COM It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske &Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of 3 the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske &Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and Norris, Kuske& Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Luke Menius [mailto:lmenius()stroudengineer.com] Sent: Friday, February 01, 2013 12:06 PM To: ikuske3Ccbkuske3eng.com Cc: 'Tom Tucker' Subject: 3 Oaks stormwater I am working for Tom Tucker on what was to have been the commercial portion of the Three Oaks Mixed Used Development on Market Street. Runoff from the proposed improvements, which now consist of 3 residential buildings in place of the originally approved commercial buildings,will to tie into the existing stormwater system for conveyance and treatment in accordance with the NHC and NCDENR permits. Our NCDENR permit modification request prompted a site inspection which has given rise to concern over the presence of cypress trees in each of the two infiltration basins. NCDENR claims that these trees may need to be removed to bring the ponds into permit compliance. Tom recalled that the trees were required by NHC as a condition of the SUP and I was able to locate the attached document which eludes to some correspondence between you and NCDENR. A review of the NCDENR files and discussion with current staff has yielding nothing. It is my hope that you might have some record of NCDENR staff making an allowance for the plantings as described in this letter and narrative. Short of that, the NHC SUP and NCDENR seem to be at odds over what is required. I believe that, given the ponds' appearance and satisfactory performance, NCDENR will make exception but it will not be without a lot of deliberation and delay. As such, any light you can shed on the matter would be much appreciated. Thank you in advance for your consideration of this matter, Luke David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 lmenius@stroudengineer.com 4 ctrsarMq.Q E-Piled Annual Report men 3 -1-0-5677079 LIMITED LIABILITY COMPANY €� ANNUAL REPORT Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Three Oak Property, LLC. REPORT FOR THE YEAR:2011 SPATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0686531 NATURE OF BUSINESS: Apartment Ownership REGISTERED AGENT: Sweyer,Richard D. REGISTERED OFFICI>MAILBAG ADDRESS: 1630 Military Cutoff Rd Wilmington,NC 28403 REGISTERED OFFICE STREET ADDRESS: 1630 Mililary Cmlof l?d Wilmington, NC 28403 New Hanover County PRINCIPAL OFFICE TELEPHONE NUMI3F,R: (910)256-0021 PRINCIPAL OFFICE MAILING ADDRESS: 1630 Military Cutoff Wilnington, NC 28403 PRINCIPAL OFFICE STREF.,T ADDRESS: 1630 Military Cutoff Wilmington, NC 28403 MANAGERS/MEMBERS/ORGANIZERS: Name:Sweyer Investments,LLC Name: Tom 'Tucker Name: Tucker Inc Title:Manager Title:Manager Title:Manager Address: Address: Address: 1630 Military Cumff 1630 Military Cutoff 1630 military cutoff Wilmington,NC 28403 Wilmington, NC 28403 Wilmington,NC 28403 Name:M&John Properties LLC Title: Manager Address: 1835 Midellesound Loop Rd Wilmington,NC 27411 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED 13Y ALL LIMITED LIABILITY COMPANIES Sweyer Investments,LLC 02/02/2012 FORM MUST BE SIGNED BY A MANAGERIMEMBER DATE Sweyer Investments, LLC Manager TYPE;OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: S200 MAIL TO: Secretary of State•Corporations Division•Post Office Box 29525 •Raleigh,NC 27626-0525 ogozc New Hanover County Planning Department u' County Annex Building 230 Marketplace Drive,Suite 150 Wilmington, NC 28403 Dextet L Hayes P 910.798.7165 Director F 910.798.7053 August 5,2004 RECEIVED Mr.John Kuske 902 Market Street AUG U 9 M Wilmington,NC 28401 ANDREW AND KUX Re: S-511, 12103 Dear Mr.Kuske: As you are aware the New Hanover County Board of County Commissioners in regular session on Monday August 2,2004 voted to approve your petition to revise a Special Use Permit for 156 residential units and 21,600 square feet of neighborhood business within an existing B-2 Highway Business District.The Board of Commissioners approval is based on the conditions that 1)Wetlands vegetation and landscaping shall be planted in infiltration pond I &2 to facilitate bioretemion,2)Interpretive signage shall be provided onsite for public educational purposes,3) vegetated filter strips shall be provided at pond outlets,4)Wetlandplantings shall be incorporated into pond 3 to establish a constructed wetland. Planning Staff is preparing an Addendum to the original Special Use Order for the Chairman to sign.A copy of the signed addendum and associated site plan will be forwarded to You. Also please note that all other local,state,and federal requirements may be applicable to this projecL Prior to proceeding with any development,you must obtain all appropriate permits from the County Building Inspections Department located in the County Annex building at 230 Marketplace Drive in Wilmington. If you have any questions please feel free to contact me at 798-7165. Sincerely Bard Stewart,ASLA Senior Planner cc: Zoning Enforcement Ken Shanklin Ogden Twelve,LLC File IZI:CEIVED JAN 3 o 2013 RY:1N 6"A1 -ro V-'-i SITE AND STORMWATER MANAGEMENT SYSTEM NARRATIVE FOR SPECIAL USE PERMIT REVISION PROJECT NAME: THREE OAKS MIXED USE DEVELOPMENT 7750 MARKET STREET/US HWY. 17 NEW HANOVER COUNTY, NORTH CAROLINA PROJECT OWNER: Three Oak Property, LLC 315 Friday Drive Wilmington, NC 28411 i � % June 14, 2004 Prepared by: ANDREW& KUSKE CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910)343-9604(Fax) E-mail: oHioe@aridrewandkuske.com A& K Project No. 04022 PROJECT DESCRIPTION: The project site is an 11.87 acre site located in New Hanover County, North Carolina at 7750 Market Street / US Highway 17. A mixed use development is proposed with paved parking and access to Market Street / US Highway 17. The mixed use development will include 156 2-Bedroom Apartment .Units, a 6,000 SF 1-Story Retail Building, an 8,400 SF 2-Story Retail/Office Building and a 7,200 SF 2- Story Retail /Office Building. Phase 1 construction will include the 156 2-Bedroom Apartments. Phase 2 construction will include the Retail Building and the two(2) Retail/Office Buildings. Stormwater runoff from the site drains to Pages Creek. Pages Creek is classified as an SA water body. The stormwater management system proposed for the site will consist of three (3) stomxwater ponds. The site stormwater runoff will be treated in two (2) above ground stormwater infiltration ponds designed to comply with the NC DENR State Stormwater Regulations for sites draining to an SA water body. The method of stomnvater infiltration will also comply with Section 72-38 of the New Hanover County Zoning Ordinance. A third stormwater pond will be designed to meet the New Hanover County Stormwater Ordinance. The drainage area for the stomrwater management system includes the Phase 1 and Phase 2 onsite area and an offsite area. The offske drainage area is a portion of Market Street/ US Highway 17 within the NC DOT Right of Way. SITE DESCRIPTION AND INFORMATION: As mentioned above, Improvements will take place on the site as shown on the attached plans. The majority of the site is cleared of underbrush but Is heavily wooded with trees and sandy soils. Existing trees on the site will remain to the extent possible. Grades on the site range from 0.10% to 10.00%. The stormwater runoff from the undeveloped site currently sheet flows to the rear of the site prior to discharging into Pages Creek. STORMWATER MANAGEMENT SYSTEM INFORMATION: Land disturbing on the site will exceed one acre, which requires the site to comply with the NC DENR State Stormwater Regulations. As stated above, stomnarater runoff from the site drains to Pages Creek, which is classified by NC DENR as an SA water body. The State Stormwater Regulations for sites draining to SA water bodies require that the first one and a half inch (1.51 volume of stormwater runoff be stored and infiltrated In an above ground or below ground infiltration system. The one and a half Inch (1.51 volume of stormwater runoff is required to Infiltrate within two to five days (2-6 days). The State Stormwater Regulations require that the drainage area to an infiltration system must not exceed five to six acres (" acres). A two-foot (2) separation must also be maintained from the bottom of the Infiltration system to the site seasonal high groundwater table and the stormwater runoff above the one and a half inch (1.51 volume must bypass the infiltration system. In addition, the volume of stormwater bypassing the infiltration systems must then comply with the New Hanover County Stormwater Ordinance prior to discharging from the site. The New Hanover County Stormwater Ordinance requires that the post development discharge from the site shall not exceed the pre- development discharge rate for the 2 year, 10 year, and 25 year storms. A below ground stormwater infiltration system was originally proposed on the site to meet the State Stormwater Regulations, the New Hanover County Stormwater Ordinance and Section 72-38 of the New Hanover County Zoning Ordinance. Based on field data establishing the seasonal high ground water table provided by the project owner's geotechnical consultant and the NC DENR State Soil Scientist, it has been determined that a below ground Infiltration system is not the most suitable and environmental friendly stormwater management system for the site. Based on the depth to the site seasonal high groundwater table, a below ground infiltration system would require an excessive amount of soil fill material which would drastically change the natural characteristics of the site and require excessive removal of existing site trees and vegetation. Therefore, two (2) above ground stormwater infiltration ponds have been designed to store and infiltrate the first one and a half inch (1.51 runoff from two (2) drainage areas. The depth to the seasonal high groundwater table in the area of each above ground stormwater infiltration pond is approximately elevation 17.00'. The bottom elevation of each above ground stormwater infiltration pond cannot exceed elevation 19.00'. Therefore, elevation 19.00' governs the remaining critical site elevations such as a stormdrain pipe inverts, building finish floor elevations, sidewalk elevations, access drive elevations and parking lot elevations. The use of an above ground stormwater infiltration pond will require less soil fill material and less removal of existing site trees and vegetation than a below ground infiltration system. The use of above ground stormwater Infiltration ponds appears to be the best available option to comply with the State Stormwater Regulations, the New Hanover County Stormwater Ordinance and Section 72-38 of the New Hanover County Zoning Ordinance. The stormwater runoff above the one and a half inch (1.51 volume will bypass the above ground infiltration ponds as required by the State Stormwater Regulations and flow into Stormwater Pond No. 3. Stormwater Pond.No. 3 is designed to meet the New Hanover County Stormwater Ordinance. The discharge from Stormwater Pond No. 3 does not exceed the site pre- development discharge rate for the 2-year, 10-year and 25-year storms as required by the New Hanover County Stormwater Ordinance. As mentioned above, the site has been divided Into two (2) drainage areas as required by the State Stormwater Regulations. Drainage Area No. 1 is 5.47 acres and drains into Stomrwater Infiltration Pond No. 1. Drainage Area No. 1 includes a small portion of offstte area within the NC Dot Right of Way. Drainage Area No. 2 is 4.12 acres and drains into Stomwiater Infiltration Pond No. 2. Stormwater runoff from each drainage area above the one and a half (1.51 volume will bypass Stormwater Infiltration Pond No. 1 and No. 2 by using an offine bypass junction box The stormwater runoff from each offiine bypass junction box will be collected in a common storm drainpipe, which discharges into a vegetated filter prior to flowing Into the Stornw ater Pond No. 3. The discharge from the Stormwater Pond No. 3 will discharge into a second vegetated filter at the end of the pond outfall pipe prior to leaving the site. An infiltration evaluation of the site was performed by Engineering Consulting Services, Ltd. (ECS, Ltd.) on August 22, 2003. A copy of the Infiltration Evaluation by ECS, Ltd. dated August 26, 2003 is attached for review. The infiltration evaluation includes information on subsurface soil and groundwater conditions at sixteen (16) hand auger boring locations. Three (3) infiltration tests were also performed on the site. Subsurface soil conditions, groundwater conditions and infiltration rates are included in the infiltration evaluation for each infiltration test location. The State Stormwater Regulations require a site field visit with Vincent Lewis, NC DENR Soil Scientist prior to proceeding with the stormwater management system design. We visited the site with Vincent Lewis on February 16, 2004 to review and confirm the infiltration evaluation results performed by ECS, Ltd, Vincent Lewis advanced seventeen (17) hand auger borings to review the subsurface soil and groundwater conditions. Vincent Lewis determined the approximate seasonal high groundwater table depth at each hand auger boring location. A copy of a letter to the project owner dated February 17, 2004 summarizing the seasonal high groundwater table depths is attached for review. EXCEPTIONAL DESIGN INFORMATION AND STORMWATER BEST MANAGEMENT PRACTICES: Section 72-38 of the New Hanover County Zoning Ordinance requires that residential uses within commercial districts be part of a mired-use development that is exceptionally designed. Section 72-38 also requires that the stormwater management system serving the mixed-use development include at least one or more water quality best management practices referenced in the NC DENR Stormwater Best Management Practices Manual. The following exceptional design components and Stormwater Best Management Practices (BMP's) are a part of the Three Oaks Mixed Use Development project design: • The stormwater management system includes two (2) above ground stormwater infiltration ponds. The above ground stormwater infiltration ponds are proposed due to the site seasonal high groundwater table elevation. Infiltration ponds are considered as an exceptional design component. • Soil fill material will be required on the site due to the site seasonal high groundwater table elevation. Site retaining walls are proposed to save existing trees and vegetation to the extent possible where soil fill material is required. Existing trees and vegetation will be saved to the extent possible on the entire site. Due to design constraints, grading constraints, required utility installations and tree removal mitigation requirements, areas will be augmented with new and landscaping as required by the Special Use Permit and the New Hanover County Landscape Ordinance. The use of site retaining walls to save existing trees and vegetation contributes to the exceptional project design. • The stormwater management pipe and pond system will convey and treat a portion (0.15 acres) of offsite Impervious area on Market Street / US Highway 17 within the NC DOT right of way, which is not required. This could be avoided by installing additional stormdrain piping and drainage structures. Treating oftite stomrvvater_runoff contributes to the exceptional project design. • The berm separating Stormwater infiltration Pond No. 1 and Stomrwater Infiltration Pond No. 2 has been located, designed and graded to save existing trees to the extent possible on the berm. Saving existing trees on the berm contributes to the exceptional project design. • New landscaping will be planted within Stormwater Infiltration Pond No. 1 and Stormwater Infiltration Pond No. 2 to the extent allowed by the State Stormwater Regulations. The landscaping within the infiltration ponds will facilitate bioretention. Conversations with the State Indicate that grouped clusters of appropriate landscaping will be allowed. Additional landscaping may also be planted along the perimeter berms of the stormwater infiltration ponds. The project owner's landscape consultant has prepared a conceptual landscape plan. The landscape plan will be finalized after the Special Use Permit revision is approved. The landscape plan will be finalized with input from the appropriate New Hanover County Planning and Zoning Department staff as required prior to submittal for review and approval. Installing new landscape within the stormwater infiltration ponds and on the berms contributes to the exceptional project design. • An interpretive sign with information describing the stormwater management system will be installed onsite for use as a public educational device. This contributes to the exceptional project design. • Above ground stormwater Infiltration ponds are proposed with plantings to facilitate infiltration and bioretention of stormwater runoff. Infiltration and bioretention are NC DENR Best Management Practices (BMP). • A 15' x 60' vegetated filter strip will be installed at the outlet of the stormwater bypass discharge pipe to filter the stormwater runoff prior to flowing into Stormwater Pond No. 3. A vegetated filter strip is a NC DENR Best Management Practice(BMP). • A 20' x 60' vegetated filter will be installed at the outlet of Stormwater Pond No. 3 to filter the stormwater runoff prior to leaving the site. A vegetated filter strip is a NC DENR Best Management Practice(BMP). • Wetland plantings may be planted along the wetted perimeter of Stormwater Pond No. 3 to the extent feasible and to the extent allowed by the New Hanover County Stormwater Ordinance. The wetland plantings will be shown on the landscaping plan described above. Wetlands plantings are an NC DENR Best Management Practice(BMP). SUMMARY OF INFORMATION ATTACHED TO THE NARRATIVE: • A copy of the Three Oaks Mixed Use Development State Stormwater Permit No. SW8 040509, dated May 20, 2004. • A copy of the NC DENR State Stormwater Regulations for SA water bodies. • A copy of Section 72-38 from the New Hanover County Zoning Ordinance. • A copy of the Infiltration Evaluation by ECS, Ltd., dated August 26, 2003. • A copy of a letter to the project owner dated February 17, 2004 summarizing the site field visit with Vincent Lewis, NC DENR Soil Scientist • A copy of the NC DENR Stormwater Best Management Practices Manual Cover and Table of Contents. Johnson, Kelly From: Luke Menius [Imenius@stroudengineer.com] Sent: Wednesday, January 30, 2013 3:56 PM To: Johnson, Kelly Cc: tntucker100@gmail.com Subject: RE: SW8 040509, The Park at Three Oaks Attachments: 30aksletterandNarrative 2004.pdf Apparently, the trees were not mandated for stormwater treatment, at least not by the NHC Engineering department. They were a requirement of the special use permit and there is mention of them in the attached letter and stormwater system narrative. There is reference to some conversation with DENR staff regarding the matter. I hope it was in writing, as details of a phone conversation 10 years ago might be getting fuzzy by now. It looks like from the permit cover letter that Laurie Munn was the reviewer. I don't recognize the name. Is she still around? In any case, I'd like to review the file again. Please let me know when 1 might be able to come in. Also, if you know of anyone else who may have been privy to the 2004 tree conversation, please let me know. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Wednesday, January 30, 2013 9:35 AM To: Luke Menius Cc: tntucker100@gmail.com Subject: RE: SW8 040509,The Park at Three Oaks Luke, Let me know what you come up with. I think that there are some other questions to think about though. One of the two infil basins was wet and the other was dry. Both were silted over. I don't know if the wet one was wet because of a SHWT issue or because it was silted over. It seems that the trees will make maintenance hard to do in the basins, and that the root balls will take up space that was designed into being able to hold the design volume (which is the reason we don't permit them in infil basins). I agree that evapotranspiration is a way to remove water, but if that were the intent why were trees not planted in the pond as well? We have not crossed the bridge of using evapotranspiration in this way, and so I will have to think about this. It technically isn't an infiltration basin that way. That is more of a stormwater wetland function. There may be a different way to approach it. I don't know. I am also curious about how the basins function. Are you going to be able to certify them (sandy material over a high SHWT)with the other design specs, or do they actually function as wetlands? K1 From: Luke Menius [mailto:Imenius@stroudengineer.com] Sent: Wednesday, January 30, 2013 9:00 AM To: Johnson, Kelly Cc: tntucker100ftmail.com Subject: RE: SW8 040509, The Park at Three Oaks i This project is in an area that NHC classifies as a Conservation Overlay District (COD) and is subject to requirements in the NHC zoning ordinance that address special runoff treatment. I believe that this project was supposed to collect and treat an extra 0.25" per the ordinance. The requirement specifies that this water is infiltrated,evapotranspirated, irrigated, etc. but not released through the outlet structure. I designed a project called Westhaven that is located in a COD and was permitted through DENR and NHC around the same time as 3 Oaks. My recollection is that the NHC SW engineer at the time made a strong lobby for using evapotranspiration to get rid of the extra runoff. While we did not go this route at Westhaven, I suspect that a similar lobby was made at 3 Oaks. I have a request in to NHC to review their files to see if there was any concurrence from DENR about these trees. The lack of any such correspondence in your files makes me think this may be a wild goose chase, but stranger things have happened. In the absence of some long lost letter from DWQ acknowledging the trees, I would request to meet with DENR staff to make a case for keeping them. I am aware of the consequences of allowing infiltration basins to become choked up with vegetation to the point that they cease to function, but the bottoms of the subject basin are actually sparsely vegetated apart from the trees. It may be that the trees are shading out the weeds, cattails, etc that are typically associated with unmaintained basins. The trees are located far enough from the berms that they pose no structural risk and they are spaced far enough apart that maintaining the basin is still feasible. If, in fact,they were placed there to aid in runoff reduction by providing transpiration, they are achieving this goal as well. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Johnson, Kelly [ma ilto:kelly.o.johnson(alncdenr.gov] Sent: Tuesday, January 29, 2013 8:18 AM To: Luke Menius Subject: FW: SW8 040509, The Park at Three Oaks Luke, I talked to David Cox, our compliance guy, and this is a new one for us. Why would the county have required trees in an infiltration basin? Maybe they thought it was a stormwater wetland (because it sort of looks like one)? There aren't any trees in the bypass water pond, and it would seem like that would be the better application for them. One option would be to modify the design to a SW wetland and keep the trees (unless the basins are just silted over and there is a low water table with sand below the silt). I am not sure what to make of this. KJ From: Johnson, Kelly Sent: Monday, January 28, 2013 2:20 PM To: 'Luke Menius' Subject: FW: SW8 040509,The Park at Three Oaks Luke, This is an odd one. One is holding water, and the other is dry but it looks like it holds water often. I don't know if that is because of silt or if it is because of some design/install issue? KJ 2 MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 28, 2013 Mr. Thomas N. Tucker, Manager Three Oak Property, LLC 315 Friday Drive Wilmington, NC 28411 Subject: Notice of Inspection—Non Compliant The Park at Three Oaks Stormwater Permit No. SW8 040509 New Hanover County Dear Mr. Tucker: On January 28, 2013, Kelly Johnson of the Wilmington Regional Office of the Division of Water Quality(DWQ) inspected The Park at Three Oaks in New Hanover County to determine compliance with Stormwater Management Permit Number SW8 040509 issued on May 20, 2004. DWQ file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report"attached to this letter,which summarizes the findings of the recent inspection. As indicated in the attached inspection report,the following deficiencies must be resolved: 1. PE Certification: Please submit a PE Certification showing that the stormwater system has been built per the approved plans. Please certify that the collection system,grading, and BMPs have been constructed appropriately. 2. Infiltration Basins: One of the infiltration basins is holding water. It is unclear if this is due to silt accumulation or if the bottom elevation is inappropriately set. The other is dry but silted. Please ensure that both infiltration basins are built and maintained properly. Please also note that trees are not allowed in infiltration basins. 3. Other Systems: The wet pond appears to have been built per local requirements because its design is not detailed in the State permit. A level spreader has been installed upstream of the wet pond and a"filter strip" (which is actually a rip-rapped and grassed hole) is installed at the outflow of the pond. Please certify that all of the permitted elements have been built correctly. Please also make sure that they are maintained. Please inform this Office in writing before February 28, 2013,of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date,may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by February 28,2013 then DWQ staff will re-inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be reminded that if an ownership change,or a name change or a mailing address change has occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include the name, mailing address and phone number of the party who is now responsible for this permit. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Ralegh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807.64921 DENR Assistance:1.877-623-6748 NorthiCarolina. Internet wwwncwateroualitv.oro Natu aQf Tucker January 28, 2013 Page 2 of 2 If you have any questions, please contact Kelly Johnson at the Wilmington Regional Office,telephone number(910) 796-7331. Sincerely, Ke oh son Environm Engineer enc: Compliance Inspection Report GDSlkpj: SAWQS1StormwateAPermits&Projects120041040509 HD12013 01 CEI_deficient 040509 cc: WiRO Stormwater File t Compliance Inspection Report Permit: SW8040509 Effective: 05/20/04 Expiration: 05/20/18 Owner: Three Oak Property LLC Project: The Park at Three Oaks County: New Hanover 7750 Market St Region: Wilmington Wilmington INC 28411 Contact Person: Thomas N Tucker Title: Manager Phone: 910-256-0021 Directions to Project: The site is located approximately 4.6 miles north east from the intersection of US Hwy 17/Market Street and US Hwy 74 / Eastwood Road Type of Project: State Stormwater-Infiltration System Drain Areas: 1 -(Pages Creek)(03-06-24)(SA;HQW) 2- On-Site Representative(s): Related Permits: Inspection Date: 0112 8/2 01 3 Entry Time: 01:00 PM Exit Time: 02:00 PM Primary Inspector: Kelly Johnson Phone: 910-796-7331 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: Q Compliant ® Not Compliant Question Areas: ®State Stormwater (See attachment summary) t Page: 1 Permit: SW8040509 Owner-Project: Three Oak Property LLC Inspection Date: 01/28/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: File Review Yes No NA NE Is the permit active? 1 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ® ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? ® ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: PE Certification is needed. This project is not subdivided, and so deed restrictions are not required. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? Dolls Comment: A plan revision has been submitted of change the configuration of the BUA (NE was selected for 1st question above). Drainage area will be confirmed by the PE Cert. Grading will be confirmed by the PE Cert. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ 19 upon request? Comment: There are two infiltration basins and a wet pond (for the bypass water). One of the basins is holding water. Both basins have trees planted in them. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ® ❑ Comment: The footprint of the basins are similar of the permitted plan. This, and the vegetated filter will be confirmed by the PE Cert. The infil basins do not have outlets. The pond appears to have been built per local requirements (it is not in the State permit). Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? D Q 0 Is Comment: Page: 2 From: Johnson, Kelly Sent: Friday, January 25, 2013 12:33 PM To: 'Luke Menius' Subject: RE: SW8 040509, The Park at Three Oaks I will try to get out there next week. Honestly though, inspections these days rely heavily on the PE Cert. We have lost so many people, and we just have to work so much more quickly. If there is anything obvious I will put it in the report, but if it eventually gets certified that will be the big thing because we will know that it was at least built correctly. KJ From: Luke Menius [mailto:lmenius(alstroudengineer.com] Sent: Friday, January 25, 2013 10:13 AM To: Johnson, Kelly Subject: RE: SW8 040509, The Park at Three Oaks It looks like this is going to fall on me to certify. Having not designed the system, I feel it is prudent to request a DENR inspection in an effort to develop a (short) punchlist that I can go over with the owner. Let me know if I need to contact anyone directly to get this done. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Johnson, Kelly [mailto:kelly.p.johnsonColncdenr.gov] Sent: Friday, January 25, 2013 10:02 AM To: Luke Menius Subject: RE: SW8 040509, The Park at Three Oaks Luke, I went back through the file &didn't see it? KJ From: Luke Menius [mailto:lmenius(alstroudengineer.com] Sent: Friday, January 25, 2013 9:35 AM To: Johnson, Kelly Subject: RE: SW8 040509, The Park at Three Oaks I thought I saw a certification in your file. Let me know I you don't and I'll put the owner on notice. I'd prefer to let the design engineer for the first phase handle this. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com 3 From: Johnson, Kelly [mailto:kelly.pjohnsonCalncdenr.gov] Sent: Friday, January 25, 2013 9:38 AM To: Luke Menius Subject: SW8 040509,The Park at Three Oaks Luke, Please see attached. Have a good weekend, KJ *** My email has changed to kellv.o.iohnson@ncdenr.¢ov K eLLWoh v-sovk, Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 25, 2013 Mr. Thomas N. Tucker, Manager Three Oak Property, LLC 315 Friday Drive Wilmington, NC 28411 Subject: Request for Additional Information Stormwater Project No.SW8 040509 The Park at Three Oaks New Hanover County Dear Mr. Tucker: The Wilmington Regional Office received and accepted a Plan Revision for a State Stormwater Management Permit Application for The Park at Three Oaks on January 8, 2013. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Drainage Area Map: New pipe calculations have been submitted. Please show the drainage areas on the plans in order to show that the drainage areas will remain the same as they were permitted in 2004. 2. Infiltration Basins: The infiltration basins are currently labeled as ponds on the plans. Please revise the plans to show that they are infiltration basins and also label"Basin 1"and "Basin 2"on the plans. 3. Impervious Summary Table: Please revise the BUA Breakdown table on the plans. It currently shows the data permitted in 2004 as the"permitted"data. Once this plan revision is approved the data permitted will be that in the"total"column, which will lead to confusion. Only one column will be necessary for each infiltration basin to show the latest data that will be permitted by this plan revision. 4. Designer Certifications: Please submit designer certifications for the two infiltration basins. 5. Secretary of State: On December 12, 2012 the Secretary of State issued a Notice of Grounds for Administrative Dissolution for Three Oak Property, LLC. This plan revision must be issued to an active LLC that is in good standing with the SoS. Please resolve this issue with that department if you have not done so already, and include paperwork showing that this has been resolved in your resubmittal. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms to ensure that the numbers are consistent throughout. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to February 25,2013,or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 �iOne Phone:919807-63001 FAX:919807-64921 DENR Assistance:1-871823-6748 L�QTthCaroli la Internet www„ncwaterauallN^om c /p Nahwllll Mr. Tucker January 25, 2013 Page 2 of 2 If you need additional time to submit the information, please mail,email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter.The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces,other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent.All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910)796-7215 or email me at kelly.p.johnson@ncdenr.gov. Sincerel , Ily Johnson Envir m I Engineer GDS/kpj: S:IWQSIStormwaterlPermits&ProjectsQ0.0M040509 HD12013 01 addinfo 040509 cc: Luke Menius, PE Wilmington Regional Office Stormwater File n Completeness Review Checklist Project Name: TRQyd& '�Of1t6 .130r 5 MykEO Use. Received Date: Project Location: ILd`n Accepted Date: Rule(s) �2008 Coastal �1995 Coastal Phase II (WiRO) Universal �1988 Coastal Type of Permit: New or Mod or PR Existing Permit#(Mod o PR p yC)Spc( FTE Cert on File? Density: HD or LD Type: Commercial or Residential FINCG: %: ❑(%OK?) Stream Class: FTA Map [—]Offsite to SW8 Subdivided?: Subdivision or Single Lot ORW Map Exempt Paperwork Emailed Engineer on: MSupplement(s) (1 original per BMP) BMP Type(s): ?P. - wpnn �O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) "VnI Application with correct/original signatures ❑Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer: C F-1$505 (within 6mo) Soils Report with SHWT C Calculations (signed/sealed) MNo obvious errors Density includes common areas, etc Deed Restrictions, if subdivided: Signed & Notarized Correct Template (Comm/Res & HD/LD) or Dec. Covenants& Rest. Plans ❑2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend �DA Maps ❑Project Boundaries Infiltration Wet Pond Offsite Soils Report El Soils Report �PE Cert for Master Lot#: SHWT: 11PP: SHWT: Deed Rest for Master Lot# Matches Master Bottom: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA(sf) DA(sf) PP(el) SHWT(el) Depth (ft) SA(sf) STROUD ENGINEERING, P.A. f�C44CG�3 OG� 4 ° G`]�GVi1044L°QL� 102-D Cinema Drive WILMINGTON, NC 28403 DATE ' ATi ENTION ^(910) 815-0775 J �o .,5.�✓1 TO IV L D 6-NA RE: '2 011ks WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: > ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 60✓Cf 1 .P,A ; • t.. ���/o�SYIe bA , 4 c4, THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS IAN 0 8 2013 COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. lta STROUD ENGINEERING,.RA. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910)815-0775 January 7, 2013 NCDENR Attn: Kelly Johnson 127 Cardinal Drive Wilmington,North Carolina 28405 Re: Plan Revision for The Park at Three Oaks Formerly Three Oaks Mixed Use Development 7740 Market Street SW8 040509 Dear Ms. Johnson: Please find the attached submittal package regarding the modified stormwater plan for the above referenced project. The three commercial/retail buildings have been eliminated in favor of three additional apartment buildings. The building and parking layout generally honor the originally approved layout. There is no change to the proposed BUA, and, therefore, there are no proposed modifications to the existing collection system or ponds. I have also attached a name change form that reflects the new name of the project as well as the permittee's current contact information as reported by the NC Secretary of State. Thank you in advance for your attention to this matter. Please let me know if you have any questions or concerns. Respectfully, David L. Menius, P.E. Stroud Engineering, PA Attachments ECEUVE JAN 0 8 2013 BY: file:w:/master/pw1014/wpd/kelly.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY.24 •GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 Project: PW-1014 Engineer: DLM -- Date: 1/5/2013 The Park at Three Oaks--Project Narrative Introduction The site is located at 7740 Market Street in northeastern New Hanover County. The site is currently occupied by 156 apartment units in 8 building as well as a clubhouse and pool. The site was originally proposed as a mixed use development with three commercial buildings located along the site's Market Street frontage. The success of the existing apartments and lack of demand for commercial floor space has led to the current proposal, which calls for 45 additional apartment units in three new buildings. The proposed overall density of this straight residential project will be 17 units per acre, which is enabled by a rezoning of the 11.87 acre property to(CD) R-10. Roadways The site is currently afforded full-movement access to Market Street via a single private driveway (Amaryllis Drive) which was constructed in accordance with an NCDOT driveway permit issued for the original mixed use development. According to the ITE Trip Generation Manual, the proposed apartments will generate less trips than the commercial uses,therefore rendering the driveway design conservative for the anticipated traffic. Two new drive isles will be constructed off of Amaryllis Drive to provide access to the required parking spaces. The alignment of these drive isles and parking spaces is generally consistent with the original plan. Utilities The site is afforded water and sewer by CFPUA. A 6"sewer service,2"water service, and 4" fire line are stubbed out at each building. Meters are proposed at each water service along with backflow preventers at all services and fire lines. Stormwater The Three Oaks Mixed Use Development was issued NCDENR and NHC stormwater permits which specify a maximum built upon area for each of the two drainage areas. The ponds and collection system were sized accordingly. The collection and treatment systems were installed per the permit, certified, and continue to be maintained accordingly. The proposed improvements will tie to this existing collection system. Revised plans and permit applications are being submitted along with drainage calculations for piping internal to the new section of the project. Erosion Control The site drains generally from north to south, away from Market Street and Amaryllis Drive towards a low area adjacent to proposed buildings#9 and #10. Silt fence will be used to contain sediment and delineate the 1.8 acre limits of the disturbance. Tree protection fencing will be employed in areas adjacent to existing trees to prevent damage to the root system. Existing curb inlets along the south side of Amaryllis Drive will be protected with sock-type gutter guards. Proposed inlets in the interior of the site will be protected with traditional hardware cloth and stone protection. Stone construction entrances will be used at both driveways. EEC(EUVE JAN 0 8 2013 BY:�_ PIPE DESIGN CALCULATIONS PROJECT: 3 OAKS ENGINEER: DLM DATE: 177/2013 STORM: 25 YEAR 5 MINUTE Tc SOURCE: NHC SW DESIGN MANUAL RCP n: 0.013 LOCATION: AREA (ACRES) RUNOFF CHAR. O=CIA CFS PIPE DATA Ic(IN/HR) C RUNOFF BASIN BASIN HEADWATER TAILWATER PIPE HYDRAULIC DIAMETER SIZE V FULL FROM TO SUBTOTAL TOTAL INTENSITY COEFF. SUBTOTAL TOTAL ELEV. ELEV. LENGTH GRADE% THEO(IN IN (FPS) CB1 CB2 0.3 0.30 8.15 0.6 1.47 1.47 30.5 29.3 80 1.50 7.97 15 6.44 CB2 CB3 0.27 0.57 8.15 0.6 1.32 2.79 29.3 28.7 43 1A0 10.27 15 6.22 CB3 C84 0.14 1 0.71 8.15 0.6 0.68 3.47 28.7 26.7 127 1.57 10.90 15 6.60 CB4 CB5 0.46 1.17 8.15 0.6 2.25 5.72 26.7 25.5 87 1.38 13.48 18 6.98 CB5 C66 0.34 1.51 8.15 0.6 1.66 7.38 25.5 24.7 83 0.96 15.87 18 5.83 CB6 EX CB 0.18 1.69 8.15 0.6 0.88 8.26 24.7 24.3 59 0.68 17.68 '18 4.89 STORM: 100 YEAR,5 MINUTE Tc SOURCE: NHC SW DESIGN MANUAL RCP n: 0.013 LOCATION: AREA (ACRES) RUNOFF CHAR. O=CIA CFS PIPE DATA Ic(IN/HR) C RUNOFF BASIN BASIN HEADWATER TAILWATER PIPE HYDRAULIC DIAMETER SIZE V FULL FROM TO SUBTOTAL TOTAL INTENSITY COEFF. SUBTOTAL TOTAL ELEV. ELEV. LENGTH GRADE% THEO(IN IN (FPS) CB1 CB2 0.3 0.30 9.60 0.6 1.73 1.73 30.5 29.3 80 1.50 8.47 15 6.44 CB2 CB3 0.27 0.57 9.60 0.6 1.56 3.28 29.3 28.7 43 1.40 10.92 15 6.22 CB3 CB4 0.14 0.71 9.60 0.6 a81 4.09 28.7 26.7 127 1.57 11.59 15 6.60 CB4 CB5 0.46 1.17 9.60 0.6 2.65 6.74 26.7 25.5 87 1.38 14.33 18 6.98 CB5 CB6 0.34 1.51 9.60 0.6 1.96 8.70 25.5 24.9 83 0.72 17.81 18 5.05 CB6 EX CB 1 0.18 1.69 1 9.60 0.6 1 1.04 9.73 24.9 24.3 59 1.02 17.42 18 5.99 `�,\\H I I I I1177j NN OQ•OxtSS/py - dL SEAL V" 36677 citt I I�Iz°13 �pA0.1H�. 9 a State of North Carolina Elaine F.Marshall Department of the Secretary of State Cheri L.Myers SECRETARY OF STATE DIRECTOR OF CORPORA PIONS December 12,2012 Three Oak Property, LLC. Richard D. Sweyer,,Agent 1630 Military Cutoff Rd Wilmington, NC 28403 NOTICE OF GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF: Three Oak Property, LLC. Recently,this office conducted its periodic internal review of annual reports filed in this office for Limited Liability Companies in North Carolina. Unfortunately, the review indicates that the above referenced limited liability company is delinquent in filing one(1)annual report(s)and consequently, is not in compliance with the North Carolina Limited Liability Company Act. The Secretary of State is authorized by N.C.G.S. 57C-6-03 to administratively dissolve a limited liability company if grounds for dissolution exist. Failure to file the annual report is grounds for Administrative Dissolution. This Notice is the first step of the dissolution process. In order to prevent administrative dissolution, the limited liability company must file the appropriate annual report(s),or show to the Corporation's Division of the Secretary of State within sixty(60)days from the date of this Notice that each ground determined does not exist. Determining Annual Reports Due A list of your annual reports submitted to date is viewable by clicking the link to the Corporations Division web page at www.sosnc.com. Search for your company by name and then click "File Annual Report Online". From this page you will be able to see both, i f an annual report was submitted but not deemed in "file" status due to an error that to date has not been corrected and determine how many annual reports are required. The due date for filing a Limited Liability Company's annual report is April 15. One report is required for each year beginning the year after the year of creation. Online Filing Utilize the above link to the entity's profile page,then click "File an Annual Report" at the top of the page and follow the directions. The fee is$200.00 plus a $2.00 transaction fee. Please keep in mind that these filing fees are neither retained nor spent by the Secretary of State's Office, instead they are deposited with the State Treasurer and are expended by the General Assembly of North Carolina. Paper Filing You may also print a pre-populated form at the web address stated above by clicking "Print a Pre-Populated Annual Report Form". Changes can be made on the fillable pdf prior to printing the report. Mail the report and fees to the address at the bottom of the form. The fee is $200.00. If you have any concerns or experience technical difficulty with the filing process,please contact our staff at (919) 807-2225 or send an email to notice@sosnc.com Respectfully, The Corporations Division PO BOX 29622 I I I I II I I I I II I III I I I I I I I I I II RALEIGH,NORTH CAROLINA 27626-0622 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, February 07, 2013 1:18 PM To: 'Luke Menius' Subject: RE: 3 Oaks stormwater Luke, I think the best way to proceed is to show that the basin can do what it needs to do with the trees in it,and submit whatever calculations can support that. I will find a way to write it up that X number of trees at an assumed root ball size of X can be in the basin while still providing enough surface area for infiltration, and the required volume can infiltrate as it is intended. This is an unusual approach, but I think given the circumstances it makes more sense to keep the trees than to take them out if the basin can still function well enough to be certified. Please understand though that this is a case by case decision. Sorry for the difficulty on this one. I have to follow the procedures. It is funny though because when I went out there I really thought that this would end up being modified to a wetland. It looks just like a wetland in this picture Kelly i Y A - .f From: Luke Menius [mailto:lmenius@stroudengineer.com] Sent: Thursday, February 07, 2013 9:59 AM To: Johnson, Kelly Subject: RE: 3 Oaks stormwater I can verify the volume of water displaced by the trees does not reduce the available storage volume below the required volume. If need be, there is room to expand the basins to create more volume. My only suggestion would be to clarify our permit conditions to state that the cypress trees(2S in the north basin, 24 in the south basin) are allowed but that basins should be kept clear of other emergent vegetation, such as cat tails. I did note yesterday,while counting the trees,that the basins were dry. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive t