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HomeMy WebLinkAboutSW8990940_HISTORICAL FILE_20150211 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE ❑ CURRENT PERMIT ❑l APPROVED PLANS "STORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �o_ I YYYYMMDD AA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary February 11, 2015 Mr. John F. Clark, III, Manager Southport Property, LLC 211 Chews Manor Drive Stevensville, MD.21666 Subject: Stormwater Permit No. SW8 990940 Name/Ownership Change, Permit Extension and Plan Revision Walgreens,Southport High Density Commercial Project Brunswick County Dear Mr. Clark: Effective August 1,2013 the State Stormwater program has been transferred from the Division of Water Quality(DWQ)to the Division of Energy, Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. Name/Ownership Change and Permit Extension: On January 20, 2015,the Division of Energy, Mineral and Land Resources(DEMLR)received a permit Name/Ownership Change Form from Southport Property, LLC for the subject project. A file review and site inspection was performed on December 19, 2014 by DEMLR staff with a follow up file review on February 10,2015 and as noted in the enclosed inspection report,the site is currently in compliance with the terms and conditions of the current state stormwater permit. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 990940 has been transferred on February 10, 2015. The project name has also been changed from Kerr Drugs Southport to Walgreens Southport. On August 5, 2009, the Governor signed Session Law 2009-406.This law impacts any development approval issued by the Division of Energy, Mineral and Land Resources 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. This permit shall be effective until December 16,2023,which includes the extensions. Plan Revision: On January 20, 2015, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8 990940. The revisions include removing Sand Filter 7.Though the sand filter was originally required,the reasons for approving the removal of the sand filter are as follows. 1. We understand from discussions with your consultant that the reason for removing the sand filter is unknown. 2. We also understand from discussions with your consultant and from the December 19, 2014 inspection that a portion of NC 211/Howe Street flows to Sand Filter#7. If Sand Filter.#7 were in place, it would easily be overwhelmed by drainage from the road. The sand filter may also have been located in the right-of-way(ROW), though the location of the ROW is not on the plans, and so that is also unknown. The road was not shown to be in the original 1999 drainage area to Sand Filter#7,and so the sand filter is not designed to accommodate that extra water. It is unknown why sand filter 7 was designed this way originally. The road and/or road right-of-way may have changed since 1999. In any case,the currently-permitted location and design of Sand Filter#7 prohibits it from appropriately treating the 0.02ac(-871 sf)of impervious area it was designed to treat. The 0.02ac consists of the entrance driveway from the road to the drug store. Given the current configuration of the development,the presumed cost and difficulty of changing the projects configuration to treat 0.02sf of impervious would be significant in comparison to the benefit to water quality. Therefore,the Division is approving the permittee's request to remove Sand Filter#7 from the permit's requirements. Division of Energy, Mineral,and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-(910)796-7215/Fax:(910)350-2004 SW8 990940 February 11, 2015 3. The decision to allow this sand filter has been determined on a case-by-case basis and should not be used as a basis for removal of additional sand filters in the future. The plans previously approved on December 16, 1999 have been revised to remove Sand Filter#7 and have been re- approved on February 11, 2015. Please update your records. If you did not obtain a copy of the approved plans from the i previous permittee, please contact the Division and we will arrange for them to be copied and mailed to you. Please note I that since the State does not have a scanner or copier large enough for the plans to be copied,it will have to be done at a local copy shop and so you will have to arrange payment through the copy shop. Please also understand that the approval of this revision to the approved plans or to the permit for the subject State Stormwater project 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 I other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity,and obtaining a permit or approval prior to construction. For your records, please find enclosed the revised and transferred permit,a copy of the inspection reports dated February 10, 2015 and December 19, 2014,a copy of the Name/Ownership Change form submitted on January 20, 2015,and a copy of the Plan Revision Application submitted on January 20,2015. This permit is subject to the conditions and i limitations as specified in the previously issued 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, 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. 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) 796-7331. Ace Tracy D eE , D �� Division of Energy, Mineral and Land Resources_ GDS/kpj: \\\Stormwater\Permits 8 Proiects\1999\990940 HD\2015 02 permit 990940 enc: Inspection Report, February 10, 2015 Inspection Report, December 19, 2014 Name/Ownership Change Form, January 20,2015 Plan Revision Form, January 20, 2015 Operation and Maintenance Agreement, signed January 5, 2015 cc: Chris Estes, PLA, Estes Design, PO Box 79133, Charlotte, NC 28271 Wilmington Regional Office S ormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 990940 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 Southport Property, LLC Walgreens - Southport 1531 North Howe Street, Southport, Brunswick County FOR THE operation and maintenance of six (6) sand filters in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (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 December 16, 2023, and shall be subject to the following specified conditions and limitations: 1. 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. A series of six (6) sand filters has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. Each sand filter has been designed to handle the runoff from a maximum amount of built- upon area as follows: #1 @ 12,200 square feet; #2 @ 2,614 square feet; #3 @ 10,020 square feet; #4 @ 1,742 square feet; #5 @ 10,890 square feet; #6 @ 1,742 square feet. 3. The stormwater control has been designed to handle the runoff from 39,208 square feet of impervious area. 4. The tract will be limited to the amount of built-upon area indicated in this permit, and per approved plans. The built-upon area for the future development is limited to 0 square feet. 3 State Stormwater Management Systems Permit No. SW8 990940 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 6. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 7. The following design criteria have been permitted for the sand filter and must be provided and maintained at design condition: Drainage Area, acres: 1.11 Onsite, ft2: 48,351 Offsite, ftZ: 0 Total Impervious Surfaces, ftz: 38,821 Design Storm, inches: 1 Sand Filter#: 1 2 3 4 5 6 Sand Depth, inches: 18" 18" 18" 18" 18" 18" Invert Elevation, FMSL: 19.5 19.95 21.25 19.75 19.5 20.25 Drainage Area, ftz: 12,200 2,614 10,020 1,742 10,890 1,742 Total Impervious Surfaces, ftz: 12,200 2,614 10,020 1,742 10,890 1,742 Offsite Area entering Filter, ftz: None, per Engineer Required Surface Area, ftz: 202 43 166 29 180 29 Provided Surface Area, ftz: 224 64 192 32 192 32 Required Storage Volume, ft': 302 65 248 43 270 43 Provided Storage Volume, ft': 336 96 288 48 288 48 Top of Weir Elevation, FMSL: 21 21.45 22.75 21.25 21 21.75 Controlling Orifice, pipe: 61,cP 61,cP 61,cP 61,cP 61,9 61,cP Receiving Stream/River Basin: Price Creek / Cape Fear River Stream Index Number: 18-88-3 Classification of Water Body: "SC SW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, operational for its intended use prior to the construction of any built-upon surface. 4 State Stormwater Management Systems Permit No. SW8 990940 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all 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. Debris removal and unclogging of the filter media, orifice devices, catch basins, and piping. d. Access to the sediment chamber and sand filter must be available at all times. 4. 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. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. Access to the stormwater facilities shall be maintained via appropriate recorded easements at all times. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built upon area or to the drainage area. e. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5 State Stormwater Management Systems Permit No. SW8 990940 9. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. At the time the permit is transferred to a new owner, the permittee shall forward the approved plans to the new owner. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. No person or other legal entity shall alter the approved stormwater management system, of fill in, alter, or pipe any drainage feature, including swales, shown on the approved plans as part of the stormwater management system, unless and until the permittee submits a modification to the permit and receives approval from the Division. 13. The permittee is responsible for verifying that the proposed built-upon area for. the entire project does not exceed the allowable built-upon area. 14. The Division may determine that other revisions to the project should require a modification to the permit. 15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. 16. 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. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form to the Division of Energy, Mineral and Land Resources, signed by both parties, and accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes an approved transfer of the stormwater permit. 6 State Stormwater Management Systems Permit No. SW8 990940 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit remains in force and effect until modified, revoked, terminated, or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and. reissuance, renewal or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Plan Revision and Transfer issued this the 11th day of February 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Ay Davi , P.E., Director of E ergy, Mineral and Land Resources By Authority of the Environmental Management Commission 7 DEMLR'USE'ONLY Date Received Fee Paid(express only) Permit Number Sr Q State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources 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: SW T 0,000W� 2. Project Name: Wk-6P f,)5 J CCCJ7MAikJ 3. Permit Holder's name�specify the name of the corporation,individual,etc.): <IWN bgel oQtexj . LLC 4. Print Owner/Signing Official's name and title(person legally responsible for permit): )ot\IJ F (A .PRL\Ce 5. Mailing //Address for person listed in1 item 2 above: City: ST6\)LNS't\(,1S q State: ff I-) Zip:�r�\�(v(o Phone: ( q 1 o ) " 6 Fax: ( 145v), Email: G �"e tM.•t Wtt e t JC co y,, II. PLAN REVISION INFORMATION E(c F-u F 1. Summarize the plan revision proposed (attach additional pages if needed): C �V/ lG -� t_ '2/AI fli4 JAN 2 0 2015 III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the DEMLR 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. In'ti is • Original£i 1 copy of the Plan Revision Application Form • Two(2) copies of revised plans (must be revisions of original approved plan sheet(s)) "IA If applying for Express review(only available in 20 coastal counties): • Application fee of$500.00(made payable to NCDENR) MIA ' Sm VI. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 3) , cm N �7 1 t-ptew" certify that I have authorized these plan revisions and that the information included on this plan revision application is,to the best of owledge,correct and complete. Sign —�/ Date: l S Plan Revision Form 44�� Rev.Oct. 31,2013 �I 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: ggoqu C) 2. Project Name: (Z 10v6S 5nsfH Pc1f—T �To BE. LA)KFREE QS - ScnrrH P: 3. Current Permit Holder's Company Name/Organization: �6 -GJELlO 06yEtoQM6&[y ,- 4. Signing Official's Name: Title: 5. Mailing Address: City: State: — Zip: 6. Phone: O — Fax: O Il. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) [?<ame change of the owner (Please complete Items 1, 2 and 3 below) 211 lame change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ['Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Scnatiam-T %0PE u C 2. Proposed permittee's signing official's name: o"tj ZT a F C�ca2ue-a 3. Proposed permittee's title: MAtim&P, 4. Mailing Address: e)1\ (gcwS MAruoQ City: State: mD Zip: C1ito(0(o V�oPhone: lb (0 ' l3 17°I �I {ne a-wµil ctaf(CGM9mt 2 (rV�Wt 5. New Project Name to be placed on permit: \NJR%-GREEnIS StSUTHPOQ--T 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) ZThe 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) ECEOVE t JAN 2 0 2015 SSW N/O Change Rev24Sept2012 Page 1 of 4 qy. 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 by botfithe 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, , 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. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. — I, , the current permittee, am submitting this application for a transfer of ownership for permit # I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. 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. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that,this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: — Date: I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature E(0F uVF JAN 2 0 2015 SSW N/O Change Rev24Sept2012 Page 2 of 4 t3 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, �t,Al � Cc,PA" hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) Bthe most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as-built plans ❑ the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. 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, thi pplic�iien p age will be returned as incom lete. Signatur / Date: I, e-i✓ YvL� �• iPI,i.FJyt//ti / a Notary Public for the State of M,4--1/6 ��/ County of LY�u se,� AVIV& r do hereby certify that t: C/4rA�_ 7717- personally appeared before me this the t'K day of � , 20/5`, and acknowledge the due execution of the forgoing instrument. Witness hand and official seal, �. (Notary Seal)" Notary 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. 'ECFuVE 1AN 2 0 2015 SSW N/O Change Rev24Sept2012 Page 3 of 4 6Y: VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner mustI provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, March 26, 2015 8:06 AM To: 'Chris Estes' Subject: RE: Walgreens Southport-SWP#SW8 990940 Thanks Chris. I will print this for the file. Kelly From: Chris Estes fmailto:Chris(cbEstesDesign.com] Sent: Wednesday, March 25, 2015 6:06 PM To: Johnson, Kelly Subject: Walgreens Southport- SWP# SW8 990940 Kelly, Please see the final re-inspection report for the subject site. Thanks Chris Estes, PLA Estes Oesi ramwn R naCmuw Un{7 Poe 79133 Charlotte NC.28271 Office 704.841.1779 Cell 704.400.1483 www.EstesDesign.com Im This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It maybe used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. 1 Completeness Review Checklist �t / Project Name: 9� KSylT� l�' Received Date: Project Location: Accepted Date: ZA/I S Rule(s) 112008 Coastal 1995 Coastal Phase II (WiRO ) El Universal El1988 Coastal Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): nPE Cert on File? Density: HD or LD Type: Commercial or Residential �NCG: %: OK?) Stream Class: EISA Map �Offsite to SW8 Subdivided?: Subdivision or Single Lot —IMORW Map Exempt Paperwork Emailed Engineer on: �— \ MSupplement(s) (1 original per BMP) BMP Type(s): MO&M with,correct/original signatures(1 original per BMP except LS/VFS and swalesJ Application with correct/original signatures El Deed Corp or LLC: Sig.Auth. per SoS or letter Email Address: Design Engineer r--1$505 (within 6mo) Email Address: Owner Soils Report with SHWT Note to Reviewer: �\ Calculations(signed/sealed) �No obvious errors / v - �CRN �w5 ro nJ Density includes common areas, etc ElU Deed Restrictions, if subdivided: (� C1D ( A in F31R15 J0. Signed & Notarized Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans F-12 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading MWetlands: Delineated or No Wetlands Vicinity Map F1 Layout (proposed BUA dimensions) Legend ElDA Maps El Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report MPE Cert for Master Lot#: SHWT: SHWT: Deed Rest for Master Lot# Matches Master Bottom: PP: 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) HENRY T. GALLAGHER ATTORNEY AT LAW 1823 19TH STREET, NW WASHINGTON, DC 20009 VOICE: (202) 547-4477 • FAX: (202) 547-7106 • E-MAIL: HENRYGALOVERIZON.NET January 14, 2015 Ms. Kelly Johnson Environmental Engineer North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and land Resources ����� Land Quality Section—Wilmington Regional Office 127 Cardinal Drive Extension f,4N 2 0 2015 Wilmington, North Carolina 28405 BY. Re: Stormwater Permit No. SW8 990940 Walgreens, Southport (Kerr Drugs Southport) Dear Ms. Johnson: Pursuant to your letter to my client, John F. Clarke III, Manager, Southport Property, LLC, dated December 31, 2014 and our telephone conversation this morning, I have enclosed the following executed documents: 1. State Stormwater Permit Name/Ownership Change Form 2. Stormwater Management Permit Plan Revision Application Form 3. Sand Filters Operation and Maintenance Agreement If further information is required, please do hesitate to contact my office S• rely, I ` Encls. cc: Client I w / 2 Z y O z = N m i � Z 8 O P Z j D � r 5 2 o m A //N��V W O J N YMMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary December 31,2014 Mr.John F.Clark,III, Manager Southport Property,LLC 211 Chews Manor Drive Stevensville,MD 21666 Subject: Stormwater Permit No.SWS 990940 Request for Permit Name/Ownership Change and Plan Revision Notice of Inspection Walgreens,Southport(Kerr Drugs Southport) High Density Commercial Project Brunswick County Dear Mr.Clark: We understand that you are currently working with Mr.Chris Estes of Estes Design,Inc.to maintain the sand filters on the subject property. We appreciate your efforts to maintain the system,and want to bring some administrative issues with the permit to your attention so that they may be addressed. These items should be easy to address,and no fees are required. Though a lot of information is included with this letter,the information is provided as documentation so that you can see why the changes are needed. Four items are needed to bring this site into compliance: 1. The permit needs to be transferred from the previous owner to Southport Property, LLC. 2. A Plan Revision is needed. 3. A signed Operation and Maintenance Agreement is needed. 4. Sand filter maintenance. Permit Transfer(Name/Ownership Change Form)Needed: A Name/Ownership Change Form was signed and submitted on June 9,2009. The permit was not transferred from the previous owner, Ross-Civello Development,Inc.,to Southport Property,LLC because a signed operation and maintenance (0&M)agreement from Southport Property, LLC had not been submitted. A State Stormwater permit is required for this project because it disturbed over an acre when it was originally permitted in 1999. Since 2009,the laws governing State Stormwater permits have changed. In 2013, Session Law 2013-121 was passed which now allows you to take control of the existing permit rather than having to obtain a new permit which would be issued under current and more stringent regulations. It is therefore in your best interest to accept and apply for the permit transfer by submitting the Name/Ownership form. Per Session Law 2013.121,the current permittee Ross-Civello Development,Inc.does not have to sign the transfer form because the previous permittee has sold the property to you such that Southport Property,LLC is the only entity that can operate the State Stormwater System,and there have not been siggnificant changes to the system. sion Though you submitted a form in 2009,the form has changed due to Ses Law 2013-fir Please sign and notarize the enclosed Name/Ownership Change Form where indicated and submit It to the address at the bottom of this letter. Plan Revision Needed: The permit requires seven sand filters. An engineer submitted a certification that all seven sand filters were in place in 2009. But,a recent inspection shows that one of the sand filters has been removed. This is Sand Filter#7 shown on the enclosed drainage area(DA)map in 'DAV which treated the entrance driveway along Howe St. There are two ways to address this sand filters'removal: 1. You can put the sand filter back in. 2. You can submit a Plan Revision to have the sand filter removed as a permit requirement as discussed below. This is the easier route. If you choose this route,please sign the enclosed Plan Revision Application Form and submit it to the address at the bottom of this letter. I have drafted the Plan Revision that will be issued, and it is enclosed for your review. Please note that the legislature has also passed legislation that extends the expiration date of this permit and that will be reflected in the Plan Revision. Division of Energy,Mineral,and Land Resources Land Quality Secgon-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405•(910)796-72151 Fax:(910)350-2004 SW8 990940 December 31,2014 Removing a permitted stormwater treatment system is not usually approved. Though the sand filter was originally required,the reasons for approving thesemoval of the sand filter for this specific situation are as follows. 1. We understand from discussions with your consultant that the reason for removing the sand filter is unknown. 2. We also understand from discussions with your consultant and from the December 19,2014 inspection that a Portion of NC 21I/Howe Street flows to Sand Filter V. If Sannd Filter#7 were in place,it would easily be overwhelmed though the location of the ROW s not on the plans,ane from the road. The sand ter d so that is have been alsounknownated The ln the road was not hown o be in the original 1999 drainage area to Sand Filter#7,and so the sand filter is not designed to accommodate that extra water. It is unknown,whysand.filter-7-was designed this way originally:—The road and/orroad right-of-way may have cnge had since 1999, In any case,the currently-permitted location and design of Sand Filter#7 prohibits it from appropriately treating the 0.02ac(�-871q of Impervious area it was designed to treat. The 0.02ac consists of the entrance driveway from the road to the drugstore. Given the current configuration of the developpment,the presumed cost and difficulty of changing the project's configuration to treat 0.02sf of impervious would be significant in comparison to the benefit to water quality. Therefore,the Division will approve the pernittee's request to remove Sand Filter#7 from the permit's requirements. Signed Operatin and Maintenance Agreement Needed: Please sign,notarize and submit the enclosed Operation and Maintenance Agreement. This agreement was originally signed by Ross-Civello Development, Inc.in 1999. This is an out-dated form,and so I have altered it to add in the most recent in by creating a new area for you to sign the same form. if you need to attach a new page please do so. Notice of Inspection, On December 19,2014,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR) inspected the subject project,located on Howe Street in Southport of Brunswick County to determine the status of compliance with t State Stormwater Management Permit Number SW8 990940 issued most recently on July 24, 2009. DEMLR rite 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. If the three administrative items discussed above are submitted, the only remaining item to address is maintenance on the remaining six sand filters. I understand from discussions with your consultant that work is already underway. Please let me know when the work has been completed. Please be reminded that a state Stormwater Permit is required for this facility. If you do not apply for the permit transfer and plan revision as discussed above you can be found to be operating without a permit and will be subject to civil penalties. If you have any questions please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at kelly.p.johnson@nodenr.gov or(910)796-7331. ce y Johns n ron tal Engineer ptDSlkpj: %StormwaterlPermits&Projects11999\990940 HD1201412 letter 990940 cc: Chris Estes,Estes Design, Inc.(via email only enc: Name/Ownership Change Forth(for signature) Plan Revision Forth(for signature) Operation and Maintenance Agreement(for signature) Drainage Area((DA)Map Session Law M13-121 Professional Engineer Certification,2009 Permit,December 16, 1999 Permit Renewal,July 24 2009 Permit to be issued, DWT Name/Ownership Change Forth Siggned/Submitted June 9,2009 Inspection Report, December 1§,2014 Inspection Report,Pictures, December 19 2014 Wifmingon Regional Office Stormwater File Page 2 of 2 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: Ago44 o 2. Project Name: 4=M 'b 9.-465 5crTfH Pof-T &b B6 boft6gcc&A- S 6T Rre.7,_ 3. Current Permit Holder's Company Name/Organization: �5 -C%�ELlO UEvhoQMf&IT0- �Nc. 4. Signing Official's Name: Title: 5. Mailing Address: City: State: — Zip: ^ 6. Phone: ( ) Fax: ( ) ^ It. PROPOSED PERMITTEE/ OWNER / PROJECT/ADDRESS INFORMATION This request is for: (please check all that apply) 2<al me change of the owner (Please complete Items 1, 2 and 3 below) 21�ame change of project (Please complete Item 5 below) [✓Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) [. 1mailing address/phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: S an"PeK-T ?&Q" 1 uC 2. Proposed permittee's signing official's name: -o111J F CLPALy- T[G 3. Proposed permittee's title: _Mp im6k 4. Mailing Address: CHEwS mprooR "'Li City: ST"&A3NJt,t1� State: MV Zip: olltnlole Phone: (�). _ � Fax: (,—_)_-.-_ 5. New Project Name to be placed on permit: WRL69fG6Al5 5M1-"00V--T Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or PDA (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 TOA in above and provide name of HOA/POA's authorized representative in#2 above) #t he 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) �-- IeASE ,Fu aiJt ITS i SSW N/O Change Rev24Sept2012 Page 1 of 4 1 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.jfh(s,certificationiinustsbe completed-and signed byltiotfYtFie ..� current pef mlt,holder anditheinew,;applicantilfitl lsjls),aEchangelof_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,Jimited_liability company, or other corporate entity, provide documentation showing the authority of the named I 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: i ❑ Check here if the current permittee is only ch`ging his/heNits name, the project name, or mailing address, but will retain the permit. I, , 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. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. — 1, , the current permittee, am submitting this application for a transfer of ownership for permit# I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each'BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. 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. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: — Date: I, a Notary Public for the Stale of County of , do hereby certify that personally appeared before me this the day of 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 2 of 4 i V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, -:Sgm 1. CLWICE hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) -- 8the most recent permit -the-designer's_certification-for-each-BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as-built plans the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. 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. Signature:C_ =~- — " } Date: a Notary Public for the State of County of ' do hereby certify that personally appeared before me this the day of 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary 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 lee 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. SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to$25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: I, a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of , 20 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 Date Received Fee Paid(express only) Permit Number State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM 77tis form niay be photocopied for use as an original I. GENERAL INFORMATION 1. Stormwater Management Permit Number 2. agOQl(D 2. Project Name: W�iQt GN5 Scnm•tR�? 3. Permit Holders name specify the name of the corporation,individual,etc.): �%,T bQ,7 9T�l I Lt C 4. Print Owner/Signing Official's name and title(person legally responsible for permit) 1Okw F, Ca .M2\c = 5. Mailing Address for person listed in item 2 above: a\\ (V%AAJ5 ( )"L1R De City: State: MD Zip:_a l loColO Phone: ( — - ) — ) Fax: Email: IL PLAN REVISION INFORMATION 1. Summarize the plan revision proposed (attach additional pages if needed): Ovxs ? III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and Land Resources(DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the DEMLR 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&1 copy of the Plan Revision Application Form t • Two(2)copies of revised plans(must be revisions of original approved plan sheet(s)) t' R /t3rm t'-I�l jt If apRllying for Express review(only available in 20 coastal counties): N • Application fee of$500.00(niade payable to NCDENR) VI. APPLICANT'S CERTIFICATION r t 11�t�1 I,(print or type nanm `. of person listed in General Information, itein 3) `)ONN cuprp-y- certify that I have authorized these plan revisions and that the information included on this plan revision application is,to the best of my knowledge,correct and complete. Signature:C Date: C' t Plan Revision Form Rev.Oct.31,2013 �W �Olgog40 SAND FILTERS OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the system for trash accumulation and general condition. i 2. At least once a year each filter must be inspected after a rainfall event to determine if -tlie-filter-bed-is passing-the runoff within 24-hours. 3. The following maintenance operations must be performed when storms of approximately one inch are not passing through the filter withing 24 hours. a. The first two or three inches of discolored sand must be removed from the sand filter and replaced with new said. Note that the removal sand shall be dewatered, if necessary, and the land filled. b. The sediment chamber shall be pumped and cleaned. It is also likely that the sediment removed will need to be dewatered prior to landfill disposed. I acknowledge and agree by my signature below that I am responsible for the performance of the above maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the project,responsible party,or address. MR ^Ace S Print name: v $7tS 1—rvCMEQiYjIGC--c�iturrClq¢'KIIt Address: 2522 S. Tri-Center Blvd: Durham. NC 27713 2t��Htws. Q 'S1EVENS�iuE,.HtD�ltdota Phone: 919 572-1870 Title: DireqQ of Plannin o truction Signature: --- -- — -•. _ _ _, Date: y oL I, :N�rnr i>?CAfAn��a Notary Public for the State of /Yp/%f/ GA/reLr/vA, County of do hereby certify that 'TERRY Ltl. Rn. oT personally appeared before me on this ;Y Alday of SEA/Jrr3Efl I9 �l , and acknowledge the due execution of the forgoing infiltration system maintenance requirements. Witness my hand and official seal, RRO/rr'''' Gp Q -_ , My commission expires ` C ---- ••'`�� i Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, December 31, 2014 10:01 AM To: 'Chris Estes' Subject: RE: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit Chris, Yes, it must have been removed since he certified it, or he could not have certified it. I also see that the 71h sand filter was added during the permit review, but that sand filter is in the permit and on the approved plan. My main concern is administrative. Since the permit is still issued to the previous owner(who is no longer an active entity per the Secretary of State), and the sand filter has been removed presumably while the project was owned by the new owner this presents an administrative hurdle. The permit wasn't transferred in 2009 when the Division received the transfer application because of a separate paperwork issue, and that paperwork issue was negated by new regulations passed since 2009. 1 will discuss this with my supervisor and we will issue a letter to the owner, Southport Property LLC, about a path forward. Thanks, Kelly From: Chris Estes [mailto:Chris@EstesDesign.com] Sent: Tuesday, December 30, 2014 3:04 PM To: Johnson, Kelly Subject: Re: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit Kelly, We have a call in to the certifying engineer to see if they have any information available that might shed some light. But I suspect the problem occurred after the certifying engineer completed his responsibility. When we reviewed the plans and as you can see the 7th basin was added later per plan review comments,(comment 5 written by hand on the plan) dated 9.8.99 and was not part of the original design. Based on my experience, a plausible cause is that since it was only designed for 0.02 acres or approximately 1000 square feet of impervious it could have been easily overwhelmed by runoff from Howe St. If that is the case it would have been clogged/filled after first significant rain event. Sand filter#7 could still be present but buried. We used a hand probe rod in an effort to locate it but if it is buried deeper that 6" we would not have detected it since the ground was so hard. We could try to locate it and restore it but I suspect that even if that were possible, the siting of this particular BMP was so poor that it would not be functional. I recommend that we omit it from future compliance inspections. I was surprised to see it located so close to the edge of a major thoroughfare. Thanks Chris Estes, PLA 1 Fates 04 _ g ll,�,f�tj . a�taaaen Omign cotrnt p PoB 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 www.EstesDesign.com This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It may be used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Tue, Dec 30, 2014 at 7:39 AM, Johnson, Kelly<kelly.p.johnson(crb..ncdenr.gov> wrote: Chris, I think that something has happened onsite since 2009 to remove the sand filter. I found an inspection report from April 2009 that shows that there were 7 sand filters in place. This is really strange. Thanks, KJ From: Chris Estes [mailto:Chris(&EstesDesign.com] Sent: Monday, December 29, 2014 2:44 PM To: Johnson, Kelly Subject: Re: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit No, we are not sure what happened unless the grades changed during construction that allowed its elimination. That might account for the different configuration of the 2nd basin on the first page of your exhibit. We have restored the six existing basins over the holidays with new sand and 3" of gavel with perforated pipe. The gravel and pipe are separated from the sand with non-woven filter fabric. However we discovered a missing outlet on one of the sand chambers and have to get back out there and install that. In the mean time I will try to contact the certifying engineer. 2 Thanks Chris Estes, PLA PoB 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 -*"vw.EstesDesign.co m This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It may be used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Mon, Dec 29, 2014 at 2:26 PM, Johnson, Kelly <kelly.p.iohnson(,,Dncdenr.aov> wrote: Chris, The project was certified by an engineer in August 2009 to have been built per the plan (see attached). Do you have any idea what would have happened there since 2009 such that they would have removed the sand filter? Thanks, KJ From: Chris Estes [mailto:Chris(&EstesDesign.com] Sent: Monday, December 29, 2014 1:16 PM To: Johnson, Kelly Subject: Re: FIN: SW8 990940, Kerr Drugs Southport State Stormwater Permit Hi Kelly, We noticed the missing sand filter also. We are not sure if there was ever one constructed. The straw looked like it was from utility work, ATT we believe. Thanks Chris Estes, PLA 3 PoB 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 Nv,Nvw.Estes Desien.co m This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It maybe used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Mon, Dec 22, 2014 at 10:53 AM, Johnson, Kelly<kellyp.iohnson(q-),ncdenr.gnu> wrote: Chris. I did the inspection for this one on Friday. It looked like there had been maintenance done in the area of one of the sand filters recently (there was still straw down). Was one of the sand filters removed (see page 4 of the attached file)? The others were in place but needed maintenance. I am not sure why a sand filter would have been removed. That is unusual. Any ideas? Thanks. Kelly From: Johnson, Kelly Sent: Tuesday, December 02, 2014 12:25 PM To: 'chris(a)estesdesian.com' Subject: SW8 990940, Kerr Drugs Southport State Stormwater Permit Chris, Georgette Scott asked me to look into this one because I understand that it was supposed to have been transferred years ago but was not. She also said that she thought you had some concerns about the way the BMP was built. I will schedule a time to go out there. What were your concerns? Thanks, Kelly 4 K.e���ol�wsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 5 013ioq ❑Brunswick County GE x ❑gis.brunsco.neW-9 x <- -0 C, gis.brunsco.neVgisweb/giszspx/ BFLUNS CK COUNTY GIS soarm eY PartaIID + z. i Seardl lry Owner , e7 _ 9earM trY Street Name u seerN trT AECrefS \ RwEF RO tlE _.-. locate trY coor6mate 1 / VISE Southport City 211 111 X Q (D 209607592856 221MA03301 SOUTHPORTPRCPERTY LLC MCXFORD PARTNERS LLC 211 CHEWS MANOR OR STEVENSMUE MD 21666 null 11aM005 2308 0684 null null `r Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, December 30, 2014 7:40 AM To: 'Chris Estes' Subject: RE: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit Attachments: 2009 04 CEI_BIMS 990940.pdf Chris, I think that something has happened onsite since 2009 to remove the sand filter. I found an inspection report from April 2009 that shows that there were 7 sand filters in place. This is really strange. Thanks, K1 From: Chris Estes [mailto:Chris@EstesDesign.com] Sent: Monday, December 29, 2014 2:44 PM To: Johnson, Kelly Subject: Re: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit No, we are not sure what happened unless the grades changed during construction that allowed its elimination. That might account for the different configuration of the 2nd basin on the first page of your exhibit. We have restored the six existing basins over the holidays with new sand and 3" of gravel with perforated pipe. The - gravel and pipe are separated from the sand with non-woven filter fabric. However we discovered a missing outlet on one of the sand chambers and have to get back out there and install that. In the mean time I will try to contact the certifying engineer. Thanks Chris Estes, PLA Estes Desi r nc, Ea eatzdu S, tzyWUap'�w�, . Poe 79133 �a Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 www.EstesDesign.com ®' This message,including any attachmen6,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It may be used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Mon, Dec 29, 2014 at 2:26 PM, Johnson, Kelly<kclly.p.johnson(d),,ncdenr.gov> wrote: Chris, 1 The project was certified by an engineer in August 2009 to have been built per the plan (see attached). Do you have any idea what would have happened there since 2009 such that they would have removed the sand filter? Thanks, K1 From: Chris Estes [mailto:Chris(abEstesDesign.com] Sent: Monday, December 29, 2014 1:16 PM To: Johnson, Kelly Subject: Re: FIN: SW8 990940, Kerr Drugs Southport State Stormwater Permit Hi Kelly, We noticed the missing sand filter also. We are not sure if there was ever one constructed. The straw looked like it was from utility work, ATT we believe. Thanks Chris Estes, PLA PoB 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 wivw.Estes Design.co m This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It may be used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Mon, Dec 22, 2014 at 10:53 AM, Johnson, Kelly<kelly.p.johnsonnncdenngov> wrote: Chris, I did the inspection for this one on Friday. It looked like there had been maintenance done in the area of one of the sand filters recently (there was still straw down). Was one of the sand filters removed (see page 4 of the attached file)? The others were in place but needed maintenance. I am not sure why a sand filter would have been removed. That is unusual. Any ideas? 2 l � Thanks, Kelly From: Johnson, Kelly Sent: Tuesday, December 02, 2014 12:25 PM To: 'chris(alestesdesign.com' Subject: SW8 990940, Kerr Drugs Southport State Stormwater Permit Chris, Georgette Scott asked me to look into this one because I understand that it was supposed to have been transferred years ago but was not. She also said that she thought you had some concerns about the way the BMP was built. I will schedule a time to go out there. What were your concerns? Thanks, Kelly K.eL�l�ol�v�,sow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 3 tl Johnson, Kelly From: Johnson, Kelly Sent: Monday, December 29, 2014 2:27 PM To: 'Chris Estes' Subject: RE: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit Attachments: SW8 990940 PE C.ert.pdf Chris, The project was certified by an engineer in August 2009 to have been built per the plan (see attached). Do you have any idea what would have happened there since 2009 such that they would have removed the sand filter? Thanks, KJ From: Chris Estes [mailto:Chris(xbEstesDesign.com] Sent: Monday, December 29, 2014 1:16 PM To: Johnson, Kelly Subject: Re: FW: SW8 990940, Kerr Drugs Southport State Stormwater Permit Hi Kelly, We noticed the missing sand filter also. We are not sure if there was ever one constructed. The straw looked like it was from utility work, ATT we believe. Thanks Chris Estes, PLA T CeSa tm = Poe 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 www.EstesDesign.com ®• This message,including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It maybe used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. On Mon, Dec 22, 2014 at 10:53 AM, Johnson, Kelly<kellv.p.johnson0ncdenr.aov> wrote: Chris. I did the inspection for this one on Friday. It looked like there had been maintenance done in the area of one of the sand filters recently(there was still straw down). Was one of the sand filters removed (see page 4 of the attached file)? The others were in place but needed maintenance. I am not sure why a sand filter would have been removed. That is unusual. Any ideas? t Thanks. Kelly From: Johnson, Kelly Sent: Tuesday, December 02, 2014 12:25 PM To: 'chrisCalestesdesion.com' Subject: SW8 990940, Kerr Drugs Southport State Stormwater Permit Chris, Georgette Scott asked me to look into this one because I understand that it was supposed to have been transferred years ago but was not. She also said that she thought you had some concerns about the way the BMP was built. I will schedule a time to go out there. What were your concerns? Thanks, Kelly KCLLIi0hVLSOVU Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 2 November 24, 2014 11 Mr. Chris Burke Ross-Civello Development, Inc. 3220 Spring Forest Road Raleigh, NC 27616 Subject: State Stormwater Management Permit No. SW8 990940 Transfer Request Kerr Drug - Southport High Density Commercial Sand filter Project Brunswick County Dear Mr. Burke: Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. DEMLR conducted a file review on November 19, 2014 an di o the following: 1. An inspection was performed by DWQ on Apr' 2 T site inspection revealed that the site was out of compliance with the r The permit required renewal; the r., o site needed maintenance; and the sand fi rs req ed certification by a PE. 2. A renewal and transfer request was rec e by DWQ on June 15, 2009. The Cr Wilmingt eg^ I Office renewed t it on July 24, 2009 and.it became F effectiv until Dece ! er 16, 201 the permit was not transferred because the si was not yet in omplianc 3. On gust 18, 2009 th DWQ rec ed a E certification from Mr. W. Brian Burchett of C mercial Site Desi n 4. On A gust 24, 2009 the pect r acknowledged receipt of the certification via email to Mr. Brian Soltz nd Mr. ' s Burke. However the DWQ inspector did not trans( the permit beca a she s still waiting for several signed documents from the ne roperty owner. 5. It was no d during the fi a review that the name for this project may have also changed fro Kerr Drug Walgreens. Because this permit was ne r tra (erred to the new property owner you are still responsible for maintenance of the site's s ater system. Therefore DEMLR is recommending that you immediately submit a new transfe application to DEMLR to transfer the permit to the correct property owner. When we receive the new application we will inspect the site. If maintenance of the system is required then you will have to work with the new owner to get this corrected. If the new owner refuses to take the current permit and/or refuses working with you on the maintenance issues this could trigger a violation and possibly a fine for everyone involved. You could receive a violation for not performing maintenance and they could receive a violation for operation of a stormwater system without a permit. Therefore, DEMLR recommends that you immediately submit a completed and signed Name/Ownership change form to our Wilmington office. These forms are available on our website at: http:/http://portal.ncdenr.orq/web/Ir/state-stormwater-forms docs/web/Ir/state-stormwater-forms docs. Please use the two signature form. Since the new transfer form has been modified a signed 0 & M is no longer required to be submitted by the new owner. However an O & M will be sent to the'new owner with the transferred permit. Please provide the necessary transfer form and required documentation before December 30, 2014. 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 you have any questions, or need additional information concerning this matter, please contact Kelly Johnson (910) 796-7215. Sincerely, For Tracy Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/kpj: G:\WQS\Stormwater\Permits & Projects\1999\990940 HD\2014 11 letter 990940 cc: Brian Soltz, PE, (John R. McAdams Company) Jeff Phillips, Brunswick County Engineering Georgette Scott Wilmington Regional Office `Johnson, Kelly From: Scott, Georgette Sent: Monday, November 24, 2014 3:37 PM To: Johnson, Kelly Subject: Kerr Drugs- SW8 990940 Attachments: Kerr Drugs.docx Kelly, I prepared a letter to send to the permittee about this project. This should have been transferred and was not. This all started because I got a call from a Mr. Chris Estes. He was trying to find the drawings for the site because he claimed the sand filters were not working. He did not say who his client was but he is in here today getting a copy of the drawings. Attached is the letter. It also needs to be sent to the new property owner via a cc OR you can change the letter and direct it to both of them. Cameron has the file. As soon as I get it back I will bring it to you. Please put a file review in BIMS for this. It will also need a current inspection. Georgette Scott. Slormwater Program Supervisor State Slonnwatcr Prognmii NC Division of Ener*,, Mineral and Lund Resources 127 Cardinal Drive Ext. Wilminglon, NC 28405 Phonc (910) 796-7339 Fax (910) 3.50--2004 Gmail anrespondence(o and from tlus address may be subject to the North Carolina Pubhr Records Le':uul may be disclosed to third p wties. 1 Weaver, Cameron From: Chris Estes [Chris@ EstesDesign.coml Sent: Monday, November 24, 2014 3:01 PM To: Weaver, Cameron Subject: 1531 Howe St. Southport NC - SWS 990940 Attachments: image003.png Cameron thanks for speaking with me just now. I spoke with Rebecca at All Ways graphics and introduced myself. She is expecting the plans from you and I will settle up the cost with her. I will need the approved plans and details of the BMP. I also meant to ask who does the actual compliance inspection. I would like a copy of there report and also speak with them....Thanks. Thanks Chris Estes, PLA Poe 79133 Charlotte NC.28271 Office 704.841.1779 Fax 704.841,1842 Cell 704.400.1483 - www.EstesDesien.com This message.including any attachments,is intended only for the use of the addressee and contains information that is PROPRIETARY and CONFIDENTIAL. It may be used only by the addressee and may not be divulged without the express consent of the sender. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error,please erase all copies of the message and its attachments and notify us immediately. Thank you. 1