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HomeMy WebLinkAboutSW8990828_HISTORICAL FILE_20190108STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE �QL�Q�ax YYYYMMDD { ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, jR. Interim Director January 8, 20I9 Racine Center, LLC Attn: Mr. Mike Golonka 203 Racine Drive Suite 100 Wilmington, NC 28403 NORTH CAROLINA Environmental QuaUty Subject: Notice of Permit Extension and Renewal Request State Stormwater Management Permit No. SW8 990828 Racine Center for the Arts New Hanover County Dear Mr. Golonka: 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, transferred, or renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame 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 a total of four (4) years extension. Accordingly, this permit, which was set to expire on November 4, 2009, shall now be effective from the date of issuance until November 4, 2013, which includes all available extensions. State Stormwater Management Permit #SW8 990828 for the subject project was last issued on November 4, 1999 to Racine Center, LLC and expired on November 4, 2013 as noted above. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project, please complete and submit a renewal application prior to February 8, 2019. The renewal application can be found at the following website under the Applications Forms section: Mtp: �1dan�L- gaLI,jhoaid i,.ision.slenrt�cy.-�l.linzt_al-band-re,-ources,'enern%-mineral-land-ruIes'storm ater- tLo:ratnapo•t-constructiott. Please note that if they have not already been submitted to the Division, the permit renewal request must be accompanied by the required Designer's Certification and the recorded documents (if applicable). if this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. Additionally, a review of the North Carolina Secretary of State corporation's database revealed that the corporation was dissolved. Please note that Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may not carry on any business except those acts necessary to wind up and liquidate its business and affairs. Please be advised that you are required to comply with the ten•ns, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7 until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit or, if the site has not been built, submit a request to rescind the permit and receive approval. This includes providing the necessary operation and maintenance of the permitted stormwater system. The Permit Transfer Application Form is available on our website at: !t1 ps://deg,tic. gin'about2divisioiis:'energy-1111n_eral-land-resource^s-etlBrp.\^mkt�el':tl^laE1+1-rlllz5 stormwc�tcr- proca-afti'lx7.t-consu-uction. North Carolina Department of Environmental Quality Division of Energy, Mineral and land Resources E Wilmington Regional Office i 127 Cardinal Drive Extension Wilmington. North Carolina 28405 �� 910.796 7215 a State Stormwatei- Permit 'No. SW8 990828 t Page 2 of 2 The operation of the stormwater treatment system without a valid and active permit, and/or failure to provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment system, are violations of NNCGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions regarding this matter. please contact Garrett Zorda at (910) 796-7215 or garrett.zorda@ncdenr.gov. Sincere] ",Danny Smith, interim Director Division of Energy, Mineral and Land Resources GDS/gdz: MStormwateffermits & Projects1199919908281i1)12019 01 recLren 990828 cc: Wilmington Regional Office File # Page 1 of 1 Cathode; 34131112 LongiNdec '11' 2f 33,00` http://maps2.roktech.netlonslow/ 5/13/2013 £IOZI£T/S /molsuo/iau•yaailoa•ZsdL,tu//:dntI • .04TE X oft.:'Prouol al£,lE On ;aprpl 0 Ll err 71 Luw�l f- A r eia M�p'ry� a� 5 f ' � -Y3 ti LIMITED LIABILITY COMPANY ANNUAL REPORT NAMI's OP LIMITED LIABILITY COMPANY: Rr1CINECIsN'1'Ef{, L.L.C. SECRETARY OF S`I'A F- L.L.C. ID NUMBER: 0498232 NA'I'IJR1E OF 13[JSINI?SS: Comnrercfal Rcallsslole 1{e�tlaf REGISTERED AGENT: GOLONKA, MICHAEL REGISTERED OFFICE MAILING ADDRESS: 203 Racine Dr. [Vibuinglon, NC 28103 E-Filed Annual Report -1-0-4748185 F or year 2007 �J Do not data enter manually. r� iyj '7J( STATE OF INCORPORATION: NC REGISTERED OFFICE, STRIEET ADDRESS: 203 Racine Dr. 1Vilinington, NC 28403 ATciv Hanover County PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 452-2073 PRINCIPAL OF1.-1C1E MAILING ADDRESS: 203 Racine Dr. 11 rlmfnglon, NC 28403 PRINCIPAL, OFFICE S'1'REL`C Al]DIZISS: 203 Racine Dr. Wi&ninglon, NC 28403 MANAGIERS/MLMI3ERS/ORGANIZERS: Namc: Alichacl Golonka Name: Cynthia Golonka Namc: Janet Amaro Tille: Manager 'Title: iVlancrger Tille: hlallager Address: Address: Address: 203 Racine Dr. 203 Racine Dr. 203 Racine Dr. [Vi ntinglon, NC 28403 JVilminglon, NC 28403 1Vifminglon, NC 28403 CERTIFICATION ICATION OF ANNUAL REPORT MUST BE COMPLI ELD 13Y ALL LIMI`l'ED LIABILITY COMPANIES Michael Golonka 1 1 / 15/2008 FORM MUST BE SIGNED BY A MANAGFRIMEVIBI,R DATE Michael Golonka Manager TYPE OR PRINT NAME TYPE OR PRINT'IT111' ANNUAL REPORT FEE: $200 MAILTO: Secretary of'State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 0 • r Racine Center for the Arts February 22, 2010 Mr. David Cox, Environmental Specialist NC DENR / Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Racine Center for the Arts State Stormwater Permit No. SW8 990828 New Hanover County Dear Mr. Cox: Z,v �()VJO I2 /LUO'Cl ,�Ak J,15 �2p . GU(„r,0 0"5 6n We are responding with our Plan of Action to provide the required Engineer's Certification referenced in the attached Notice of Violation with Recommendation for Enforcement letter (NOV-2009-PC-0862) dated January 19, 2010. We have discussed this matter with our civil engineer, John A. Kuske, III, P.E. of Norris, Kuske & Tunstall Consulting Engineers, Inc. He will revisit the site this week to observe the existing stormwater pond conditions. He will also coordinate with our surveyor to obtain any necessary as -built survey information required to evaluate the stormwater pond. After completing the evaluation, we will provide the Engineer's Certification or a summary list of repair items necessary prior to issuing the certification. We will respond again with a progress update by March 15, 2010. We are committed to resolving this matter and appreciate NC DENR working with us. Please contact us if you have any further questions or comments. 0 F7'Go ch-onka nnter for the Arts e Drive Wilmington, NC 28403 910.452.2073 Lewis,Linda From: Lewis,Linda Sent:. Tuesday, March 13, 2012 5:48 PM To: 'mrgolonka@aol.com' Subject: RE: FW: SW8 990828 Racine Arts Center Mr. Golonka- The transfer of a permit can't be handled via an emailed request. Transferring the permit over to the POA requires another form (oh joy!!) to be filled out to document the transfer. Do you represent the POA as its president, or is there a different president? In order to transfer the permit, both you (as the current permittee) and the POA president (as the proposed permittee) would have to complete, sign and submit the original Name/Ownership Change form (N/O), and I'd have to inspect the project for compliance. Here's the link to the N/O form: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms—docs Once you follow this link, click on Miscellaneous Forms in the Blue Tab, and then click on the first (top) Name/Ownership Change form. The second one is only for use by residential subdivisions with HOA's formed pursuant to Chapter 47(F), the Planned Community Act. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 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. -----Original Message ----- From: mrgolonka@aol.com [mailto:mrgolonka@aol.com] Sent: Tuesday, March 13, 2012 5:31 PM To: Lewis,Linda Subject: Re: FW: SW8 990828 Racine Arts Center Thank you very much for all your help. Please do update me on the updating of permit next year, fee involved, etc. Please update your files with the POA for the bldg. Racine Center POA. Thanks again, Mike Golonka Racine Center -----Original Message ----- From: Lewis,Linda <linda.lewis@ncdenr.gov7 To: Mike Golonka (mrgolonka@aol.com) mrgolonka@aol.com> Sent: Tue, Mar 13, 2012 5:25 pm Subject: FW: SW8 990828 Racine Arts Center Mr. Golonka: Mr. Phil Norris, P.E., forwarded to me the attached designer's certification for your project. Please print off a copy and keep it in your files. I have saved an electronic copy of the pdf certification to the project's computer file for future reference and I have printed off a hard copy for the public file. This should r' Lewis,Lirrda From: Lewis, Linda Sent: Tuesday, March 13, 2012 5:25 PM To: Mike Golonka (mrgolonka@aol.com) Subject: FW: SW8 990828 Racine Arts Center Attachments: 10030 03-13-12 sw cert.pdf Mr. Golonka: Mr. Phil Norris, P.E., forwarded to me the attached designer's certification for your project. Please print off a copy and keep it in your files. I have saved an electronic copy of the pdf certification to the project's computer file for future reference and I have printed off a hard copy for the public file. This should clear up NOV-2009-PC-0862. Thank you for your cooperation in this matter. If you have any questions about your stormwater system or the permit requirements, please do not hesitate to call or email me. Linda Lewis NC bivision of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 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. From: Phil Norris[mailto:pnorrisc@ntengineers.com] Sent: Tuesday, March 13, 2012 4:27 PM To: Lewis,Linda Cc: 'Tunstall, John' Subject: R7=: SW8 990828 Racine Arts Center Ms. Lewis, Attached is the designer's certification for the above subject project. Please conatact us should you need anything else. Phil Please note my new address is pnorris(2ntenaineers.com J. Phillip Norris, P.E. Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax) It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. 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, Norris & Tunstall Consulting Engineers, P.C. 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 ,- us6d by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Lewis,Linda[maiIt_o:Iinda.lewis@ncdenr.gov] Sent: Monday, March 12, 2012 4:50 PM To: Tunstall, John (itunstall@ntengineers.com); Norris, Phil (pnorris(-antengineers.com) Cc: Amy Norris Subject: FW: SW8 990828 Racine Arts Center More info regarding this project - your project number is 99118. John Kuske III worked on it, but Mr. Golonka said that Phil finished it up because John K. left the firm. Thanks, Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 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. From: Lewis,Linda Sent: Monday, March 12, 2012 12:42 PM To: 'John Tunstall' Cc: Mike Golonka (mr olonka aol.com) Subject: SW8 990828 Racine Arts Center John I've been in contact with Mr. Golonka regarding the need for the Designer's Certification for the Racine Arts Center project off of Racine Drive here in Wilmington. Mr. Golonka says that he paid for an as -built survey, but has not been able to locate the Designer's Certification for the wet pond. Would you happen to have a copy in your file somewhere, or is there some sort of holdup that I am not aware of? Thanks, Linda Lewis NC bivision of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 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. r Novinis Found in this message. Checked by AVG - www.avp,.com Version: 2012.0.1913 / Virus Database: 2114/4866 - Release Date: 03/12/12 7h A7*h MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles WaUd, P. E. Dee Freeman Governor Director Secretary February 29, 2012 CERTIFIED MAIL # 7007 0220 0000 8222 7177 RETURN RECEIPT REQUESTED Mr. Mike Golonka, Manager Racine Center, LLC 203 Racine Drive Wilmington, NC 28403 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCEMENT (NOV-2009-PC-0862) Racine Center for the Arts Stormwater Permit No. SW8 990828 New Hanover County Dear Mr. Golonka: On October 15, 2009, the Division of Water Quality (DWQ or Division) inspected the subject project to determine the status of compliance with Stormwater Permit Number SW8 990828, issued to you on November 4, 1999. On October 26, 2009, the Division issued a Notice of Violation to you for failure to submit the required Designer's Certification for the subject project, located at 203 Racine Drive in Wilmington, New Hanover County, North Carolina. Receiving no response to that Notice, the Division sent you a Notice of Violation with Recommendation for Enforcement on January• 19, 2010. There has been no indication that you have received these notices and we have received no response from you. The project has been found in continued violation of Stormwater Permit Number SW8 990828, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Section 11.7 - Failure to caffify, the stormwater s stem. A file review revealed that this office has not received a Designers Certificate. Permit condition states that 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. 2. Section 11.15 - Failure to submit requested_ documents within the time frame specified, after notification by the Director that the site was not in compliance with the minimum requirements of the permit. This Office requests that you respond to this letter in writing within 10 calendar dams of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: r 1. Submit the required Designer's Certification. If your consultant never provided a certification to you, you must provide, in writing, the expected date that the certification will be provided. t Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: wwwwwaterquality.org Y '/�'atmay An Equal Opportunity 1 Affirmative Action Employer v " Mr. Golonka February 29, 2012 Stormwater Permit No. SW8 990828 Please also note that in order to keep your permit from being revoked, rescinded or modified for good cause, you must keep the Division apprised of your current mailing address. Please verify your current mailing address by completing, signing and submitting the attached Name/Ownership Change Form. This Office is considering an enforcement action including the assessment of civil penalties in regards to these violations and any continuing violations that may be encountered. Your response to this correspondence will be considered in the recommendation. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143- 215.6A. Thank you for your immediate attention to this important matter. This office requires that the violations, as detailed above, be abated and properly resolved as quickly as possible. Should you have any questions regarding these matters, or need assistance in submitting the correct information, please contact Linda Lewis in the Wilmington Regional Office at (910) 796-7301. Sin rely, aszf Charles akild, P.E., Director Division of Water Quality GDSlarl: 3AWQ&Stormwater\\Permits & Projects119991990828 HD12012 02 NOV_NORE 990828 cc: Mike Golonka — 315 Wiregrass Road, Wilmington, 28405 John Kuske, P.E., Kuske 3 Engineering Karen Higgins, NPSCU DWQ Central Files WiRO Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 990828 Racine Center for the Arts Stormwater Permit No. SW8 990828 New Hanover County Designer's Certification Page 1 of 2 1, , as a duly registered in the State of North Carolina, having been authorized to observe (period] call ylweekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL O State Stormwater Management Systems Permit No. S W8 990828 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. . 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. G. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspector W North Carolina Secretary of State Page I of I North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PC Box 29622 Raleigh, NC 27626-0622 (919)a07-2000 Date: 2/28/2012 Click here to: View Document Filings I File an Annual Report p' Print a Pre -populated Annual Report Fillable PDF Form I J Print a Pre -populated Amended Annual Report Fillable PDF Form Corporation Names Name Name Type NC RACINE CENTER, L.L.C. LEGAL Limited Liability Company Information SOSID: 0498232 Status: Current -Active Effective Date: 6/24/1999 Annual Report Due Date: 12/31/2000 Citizenship: DOMESTIC State of Inc.: NC Duration:' 3/31/2049 Annual Report Status: UNDER REVIEW LLC NOTICE Registered Agent Agent Name: GOLONKA, MICHAEL Office Address: 203 RACINE DR. WILMINGTON NC 28403 Mailing Address: 203 RACINE DR. WILMINGTON NC 28403 Principal Office Office Address: 203 RACINE DR. WILMINGTON NC 28403 Mailing Address: 203 RACINE DR. WILMINGTON NC 28403 Officers Title: MANAGER Name: MICHAEL GOLONKA Business Address: 203 RACINE DR. WILMINGTON NC 28403 Title: MANAGER Name: CYNTHIA GOLONKA Business Address: 203 RACINE DR. WILMINGTON NC 28403 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKS) system. Version: 2258 http://www.secretary,state.nc.us/corporations/Corp.aspx?PitemId=4748185 2/28/2012 A F, WDE W North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 3, 2009 Mr. Mike Golonka, Agent Member/Owner Racine Center, LLC 112 North Cardinal Drive, Suite 102 Wilmington, NC 28405 Subject: Stormwater Permit No. SW8990828 Racine Center for the Arts New Hanover County Dear Mr. Golonka: Dee Freeman Secretary The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8990828 to Racine Center for the Arts for a High Density project on November 4, 1999. This permit expires on November 4, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormweter rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, .specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, &Xtt'-7S(`t0M2Eupervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office 127 Cardnal Drive Extension, Wilmington, NC 2M PHME: (910) 796-72151FAX: (910) BQ004 An Equal oppmmiry % Affirmance AdiDn Employer N�n Caro� a �oue Aiturallry •1• �. - • • .. - .! a a �, ... ^ 'r+ ar ' 1 jai, NCDENiR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director January 19, 2010 CERTIFIED MAIL # 7008 1140 0002 3401 3116 RETURN RECEIPT REQUESTED Mr. Mike Golonka, Agent Member/Owner Racine Center, LLC 112 North Cardinal Dr. Suite 102 Wilmington, NC 28405 Dee Freeman Secretary Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCEMENT (NOV-2009-PC-0862) Racine Center for the Arts Stormwater Permit No. SW8 990828 New Hanover County Dear Mr. Golonka: On October 26, 2009, Wilmington Regional Office issued a Notice of Violation for failure to submit the required Engineer's Certification for the subject project, located at Racine Drive in Wilmington, New Hanover County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 990828, issued to you on November 4, 1999. The project has been found in continual violation of Stormwater Permit Number SW8 990828, issued pursuant to the requirements of 15A NCAC 2H.1000, The violations found are: 1. Failure to certify the _stormwatersystem. A'file review revealed that this office has not received a Designers Certificate. Permit condition states that 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. This Office requests that you respond to this letter in writing within 90'calendar-'day3 of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Submit the Required Engineer's Certification. However, if it is determined that the Certification was never conducted you must provide a written timeline providing a procedure for certification. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org Naturally An Equal Opporlunily 1 Affirmative Action Employer January 19, 2010 ' Racine Center for the Arts t Stormwater Permit No. SW8 990828 Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated ' and properly resolved. Should you have any questions regarding these matters, please contact either David Cox or.myself at (910) 796-7318. Sincerely, Georgette Scott Stormwater Supervisor Surface Water Protection Section GDSldwc: S:1WQSISTORMWATERINOTICE1990828.oct09 cc: John Kuske John Hennessey David Cox Central Files WiRO Page 2 of 4 January 19, 2010 w' Racine Center forth e Arts Stormwater Permit No. SW8 990828 Racine Center for the Arts Page 1 of 2 New Hanover County Stormwater Project No. SW8 990828 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly 1 full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 January 19, 2010 Racine Center for the Arts Stormwater Permit No. SW8 990828 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. , The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ New Hanover County Building Inspections Page 4 of 4 ANDREW & KUSKE CMJohn R. Andrew, P.E. CONSULTING ENGINEERS, INC. J.A. Kuske, P.E. 902 Market Street OCT 14 If" J. Phillip Norris, P.E. Wilmington, NC 28401-4733 IW< 910-343-96531 FAX 910-343-9604 LETTER OF TRANSMITTAL Date: Subject: 1 II s�C> Tr II -,r,;_ 950V ,7 II WE ARE SENDING YOU VIA _ q Lk - CZZP ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS j1rRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER FAX TRANSMITTAL: NUM ER OF ',PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 if you have any difficulty receivina this messaae. II COPIES I DATE I NO. I DESCRIPTION II I�C:) AS REQUESTED 0 FOR REVIEW AND COMMENT 0 FOR APPROVAL ❑ FOR YOUR USE ❑ FORBIDS DUE ❑ YOUR PRINTS LOANED TO US� z REMARKS: �G,��- /Qit��� ��c�•--� �.?r��,o Gov .78 SIGNED CONFIDENTIAL. AND PRIVILEGED: Information contained in this document is privile d and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering i to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. — Andrew & Kuske CONSULTING ENGINEERS, INC. John R. Andrew, P.E. J.A. Kuske, P.E. J. Phillip Norris, P.E. 902 Market St. . Wilmington, North Carolina 28401-4733 • Telephone 910/343-9653 • Fax 910/343-9604 . akengnrs@wilmington.net August 16, 1999 Ms. Linda Lewis, Environmental Engineer NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: Racine Center for the Arts Wilmington, NC A&K Project No. 99118 Dear Ms. Lewis: Enclosed are two sets of plans for the subject project, two sets of calculations, the original Division of Water Quality stormwater management permit application and one copy, two copies of the SWU-102 supplement form, two copies of the stormwater narrative and a $420.00 check for the processing fee. Please note that an earth berm has been design into the forebay to prevent short circuiting of the pond. The travel path of the stromwater is three times the pond length. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. . 1- ihnA.Kuske, III, P. E. JAKI Illtsm Enclosures STORMWATER cc: Mr. Cothran Harris/Cothran Harris Architecture Mr. Mike Golonka/Racine Center, LLC 9911BS%M E C E I V E I AUG 18 1999 ® E M PRaJ #