HomeMy WebLinkAboutSW8060909_HISTORICAL FILE_20150126STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SWs 0�9 oq o q
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
201 5 0 l 2 to
YYYYMMDD
A*A'
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 26 2015
Ms Dianne P Wilson President
Barefoot Flooring Inc
2901 Castle Hayne Road
Castle Hayne NC 28429
Subject Permit Modification and Extension
State Stormwater Management Permit No SW8 060909
Barefoot Square
High Density Subdivision Wet Pond Protect
New Hanover County
Dear Ms Wilson
Donald van der Vaart
Secretary
The Wilmington Regional Office received a complete modified State Stormwater Management Perrot Application for
Barefoot Square on December 17 2014 Staff review of the plans and specifications has determined that the project as
proposed will comply with the Stormwater Regulations set forth in Session Law 2008 211 and Title 15A NCAC 2H 1000
We are forwarding Permit No SW8 060909 dated January 26 2015 for the construction operation and maintenance of
the BMP s and built upon area associated with the subject project
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 2010177 which granted an extra year for an extension of up to four
(4) years This permit shall be effective from the date of issuance until January 11 2021 and shall be subject to the
conditions and limitations as specified therein Please pay special attention to the conditions listed in this permit regarding
the Operation and Maintenance of the BMP recordation of deed restrictions procedures for changing 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
The following modifications are included and covered by this permit
1 Subdivision This permit was not previously permitted as a subdivision because the two lots on the plans were
owned by the same entity Now one of the lots is owned by a separate entity and so this permit has been
modified to show a subdivision Barefoot Flooring Inc continues to own the Barefoot Flooring lot (Lot 1) Lot 1 is
allocated 21 122 square feet of impervious area The other lot (Lot 2) is allocated 21839 square feet
a Lot 1 (Barefoot Flooring) The drainage details for this lot continue to be permitted by SW8 060909 The
plans previously approved on January 11 2007 remain in effect
b Lot 2 (The Other Lot) The owner of this lot will need to apply for and obtain an Offsite State Stormwater
permit to drain to SW8 060909 per 15A NCAC 213 1003(d)(3)(A) and 15A NCAC 2B 1002(12)
2 Deed Restrictions Deed restrictions limiting the impervious area per lot are now required
If any parts requirements or limitations contained in this permit are unacceptable you have the right to request an
adludicatory 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 919431
3000 or visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding
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 060909
January 26 2015
If you have any questions or need additional information conceming this matter please contact Kelly Johnson in the
Wilmington Regional Office at (910) 796 7215
Sincerely
Tracy E D rector
Division of Energy Mineral and Land Resources
GDS/kpf %Stormwater\Permits & Projects\2006\060909 HD\2015 01 permit 060909
cc Inspector New Hanover County Inspections
County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File
�i.o,-9 01�� 7
Page 2 of 2
State Stormwater Management Systems
Permit No SW8 960909
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Barefoot Flooring Inc
Barefoot Square
2901 Castle Hayne Rd Wilmington New Hanover County
FOR THE
construction operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A
NCAC 2H 1000 and Session Law 2008 211 (hereafter separately and collectively 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 and considered a part of this permit
This permit shall be effective from the date of issuance until January 11 2021 and shall be subject to the following
specified conditions and limitations
I DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data
2 The subdivision is permitted for 2 lots each limited to a maximum amount of built upon area as indicated in
Section II 14 (f) of this permit
3 This stormwater system has been approved for the management of stormwater runoff as described in
Section 18 of this permit The runoff from all built upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system The wet pond has been designed to
handle the runoff from 42 961 square feet of impervious area
4 The maximum built upon area allowed for the entire subdivision is 42 961 square feet
5 The drainage area will be limited to the amount of built upon area indicated in Sections 13 and 18 of this
permit and per approved plans The built upon area for the future development is limited to 0 square feet
6 A 50 wide vegetative buffer must be provided and maintained adjacent surface waters measured
honzontally from and perpendicular to the normal pool of impounded structures the top of bank of both
sides of streams and rivers and the mean high water line of tidal waters
7 Prior to the discharge of stormwater runoff from any lot into the approved stormwater system the permittee
shall ensure that the owner of the lot has obtained a separate Offsite Stormwater Management Permit
Page 3 of 9
State Stormwater Management Systems
Permit No SW8 960909
The following design elements have been permitted for this wet detention pond stormwater facility and must
be provided in the system at all times
a Drainage Area acres
207
Onsite ft2
90170
Offsite ft2
0
b Total Impervious Surfaces ft2
42 961
c Design Storm inches
1
d Pond Depth feet
6
e TSS removal efficiency
90%
f Permanent Pool Elevation FMSL
315
g Permanent Pool Surface Area ft2
7 229
h Permitted Storage Volume ft3
7 922
1 Temporary Storage Elevation FMSL
325
1 Controlling Orifice
1 pipe
k Permitted Forebay Volume ft3
4 433
1 Receiving Stream/River Basin
Ness Creek/ Cape Fear Basin
m Stream Index Number
18 74 62
n Classification of Water Body
C Sw
II SCHEDULE OF COMPLIANCE
No person or entity including the permittee shall alter any component of the approved stormwater system
shown on the approved plans unless and until the Division has approved of the revised plan
The permittee is responsible for the routine monitoring of the project for compliance with the built upon area
limits grading and the stone drainage system established by this permit the permit documents the
approved plans and the recorded deed restrictions The permittee shall notify any lot owner that is found to
be in noncompliance with the conditions of this permit in writing and shall require timely resolution
3 The permittee shall review all individual proposed and modified lot plans for compliance with the conditions
of this permit The permittee shall not approve any lot plans where the maximum allowed built upon area
has been exceeded or where revisions to the grading or to the storm drainage system are proposed unless
and until a permit modification has been approved by the Division
4 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
5 The stormwater management system shall be constructed in its entirety vegetated and operational for its
intended use prior to the construction of any built upon surface
6 All stormwater collection and treatment systems must be located in public rights of way dedicated common
areas or recorded easements The final plats for the project will be recorded showing all such required
rights of way common areas and easements in accordance with the approved plans Access to the
stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded
easements at all times
7 During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately
8 Upon completion of construction prior to issuance of a Certificate of Occupancy and prior to operation of
this permitted facility the permittee shall cause a certification from an appropriate designer for the system
installed to be submitted 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
Page 4 of 9
State Stormwater Management Systems
Permit No SW8 960909
�9 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 Redesign or addition to the approved amount of built upon area or to the drainage area
c Further development subdivision acquisition lease or sale of any all or part of the protect area
The protect 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
d Filling in altering or piping of any vegetative conveyance shown on the approved plan
e The construction of any future BUA listed on the application
10 If the stormwater system is used as an Erosion Control device it must be restored to design condition prior
to operation as a stormwater treatment device and prior to occupancy of the facility
11 The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at design condition The approved Operation and
Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety
and maintenance must occur at the scheduled intervals
12 Records of maintenance activities must be kept and made available upon request to authorized personnel of
DWQ The records will indicate the date activity name of person performing the work and what actions
were taken
13 The facilities shall be constructed in accordance with the conditions of this permit the approved plans and
specifications and other supporting data
14 The following deed restrictions must be recorded
a The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 060909 as issued by the Division of Energy Mineral and Land
Resources under NCAC 2H 1000
to The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit
c These covenants are to run with the land and be binding on all persons and parties claiming under
them
d The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina Division of Energy Mineral and Land Resources
e Alteration of the drainage as shown on the approved plans may not take place without the concurrence
of the Division of Energy Mineral and Land Resources
f The maximum built upon area for Lot 1 is 21 122 square feet and for Lot 2 is 21 839 This allotted
amount includes any built upon area constructed within the lot property boundaries and that portion of
the right of way between the front lot line and the edge of the pavement 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
g For those lots within CAMA s Area of Environmental Concern where DCM calculates a different
maximum lot built upon area the governing lot BUA shall be the more restrictive of the two numbers
Delete this item if CAMA is not involved
h All runoff from the built upon areas on the lot must drain into the permitted system This may be
accomplished through providing roof drain gutters which drain to the pond or street grading the lot to
drain toward the street or directly into the pond or grading perimeter swales and directing them into the
pond or street
i Built upon area in excess of the permitted amount will require a permit modification
j All affected lots shall maintain a 50 wide vegetative buffer adjacent to surface waters measured
horizontally from and perpendicular to the normal pool of impounded structures the top of bank of each
side of streams and rivers and the mean high water line of tidal waters
k Any individual or entity found to be in noncompliance with the provisions of a stormwater management
permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in
G S 143 Article 21
Page 5 of 9
State Stormwater Management Systems
Permit No SW8 960909
Each lot within the subdivision whose ownership is not retained by the permittee must submit a
separate Offsite Stormwater Management Permit application package to the Division of Energy Mineral
and Land Resources and receive a permit pnor to any construction on the lot
15 Prior to transfer of the permit the stormwater facilities will be inspected by Division personnel The project
and the stormwater facility must be in substantial compliance with all permit conditions Any items not in
compliance must be repaired replaced or restored to design condition pnor to the transfer Records of
maintenance activities performed to date will be required
16 If the permanent pool volume is greater than 30 000 cubic feet a decorative spray fountain will be allowed in
the stormwater treatment system subject to the following criteria
a The fountain must draw its water from less than 2 below the permanent pool surface
b Separated units where the nozzle pump and intake are connected by tubing may be used only if
they draw water from the surface in the deepest part of the pond
c The falling water from the fountain must be centered in the pond away from the shoreline
d The maximum horsepower for the fountain s pump is based on the permanent pool volume The
maximum pump power for a fountain in this pond is N/A
17 If permeable pavement BUA credit is desired the permittee must submit a request to modify this permit to
incorporate such language as required by the Division The request to modify must include a proposed
amendment to the deed restrictions and protective covenants for the subdivision and a soils report
identifying the type of soil the Seasonal High Water Table elevation and the infiltration rate Upon the
successful completion of a permit modification the individual lot owners that request to utilize permeable
pavements shall submit the necessary forms and documentation to the permittee or a designated agent
and receive approval pnor to construction of the permeable pavement
III GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval by the Director
The permittee shall submit a completed and signed Name/Ownership Change Form accompanied by the
supporting documentation as listed on the form to the Division of Energy Mineral and Land Resources at
least 60 days prior to any one or more of the following events
a An ownership change including the sale or conveyance of the protect area in whole or in part except
in the case of an individual lot sale that is made subject to the recorded deed restrictions
b The sale or conveyance of the common areas to a Homeowners or Property Owners Association
subject to the requirements of Session Law 2011 256
c Bankruptcy
d Foreclosure
e Dissolution of the partnership or corporate entity
f A name change of the current permittee
g A name change of the project
h A mailing address change of the permittee
The permittee is responsible for compliance with all permit conditions until such time as the Division
approves a request to transfer the permit Neither the sale of the protect in whole or in part nor the
conveyance of common area to a third party constitutes an approved transfer of the permit
Any person or entity found to be in noncompliance with the terms and conditions of a stormwater
management permit or the stormwater rules is subject to enforcement action as outlined in NCGS 143
Article 21
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
In the event that the facilities fail to perform satisfactonly 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 Additional or replacement stormwater management
systems shall receive a permit from the Division prior to construction
Page 6 of 9
State Stormwater Management Systems
Permit No SW8 960909
The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting the permitted stormwater management facility
The permit issued shall continue in force and effect until revoked or terminated The permit may be
modified revoked and reissued or terminated for cause The filing of a request for a permit modification
revocation and re issuance or termination does not stay any permit condition
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
Approved plans specifications supplement forms 0&M Agreements and calculations for this protect are
incorporated by reference and are enforceable parts of the permit The permittee shall maintain a copy of
these documents on file at all times
10 The issuance of this permit does not prohibit the Director from reopening and modifying the permit revoking
and reissuing the permit or terminating the permit as allowed by the laws rules and regulations contained in
Session Law 2006 246 Title 15A NCAC 2H 1000 and NCGS 143 2151 et al
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 appropnate documentation and the processing fee
Permit modified and reissued this the 2611, day of January 2015
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Tracy Di
P E Director
Division of Energy Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 960909
Page 7 of 9
State Stormwater Management Systems
Permit No SW8 960909
Barefoot Square Page 1 of 2
Stormwater Permit No SW8 960909
New HanoverCounty
Designer's Certification
I as a duly registered in the State of North Carolina
having been authorized to observe (penodically/weekly/full time) the construction of the protect
(Protect)
for (Protect Owner) hereby state that to the best of my abilities due care
and diligence was used in the observation of the protect 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 a part of this Certification
Noted deviations from approved plans and specifications
Signature
Registration Number
Date
SEAL
Page 8 of 9
State Stormwater Management Systems
Permit No SW8 960909
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 protect is graded such that the runoff drains to the
system
_4 All roof drains are located such that the runoff is directed into the system
5 The outlet/bypass structure elevations are per the approved plan
_6 The outlet structure is located per the approved plans
7 Trash rack is provided on the outlet/bypass structure
_8 All slopes are grassed with permanent vegetation
9 Vegetated slopes are no steeper than 31
10 The inlets are located per the approved plans and do not cause short circuiting of the system
_11 The permitted amounts of surface area and/or volume have been provided
12 Required drawdown devices are correctly sized per the approved plans
_13 All required design depths are provided
14 All required parts of the system are provided such as a vegetated shelf a forebay and the
vegetated filter
15 The required dimensions of the system are provided per the approved plan
16 All components of the stormwater BMP are located in either recorded common areas or recorded
easements
cc NCDENR DEMLR Regional Office
Inspector New Hanover County Building Inspections
Page 9 of 9
r_
DEMLR USE ONLY
Date Received
Fee Paid
4ermit Number
�
Jr0✓f" � o -#
� �/r�
Applicable Rules ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II Post Construction
(select all that apply) ❑ Non Coastal SW HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan
State of North Carolina
Department of Environment and Natural Resources
Division of Energy Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATI R�'��
This form may be photocopied for use as an original DEC 17 1014
I GENERAL INFORMATION
oy
1 Project Name (subdivision facility or establishment name should be consistent with project name on plans
specifications letters operation and maintenance agreements etc)
2 Location of Project (street address)
2901 Castle Hayne Road
City Wilmington County New Hanover Zip 28429
3 Directions to project (from nearest major intersection)
From 1140 West, turn LEFT onto NC 133 Castle Hayne Road Travel SOUTH for 148 miles
Turn RIGHT onto North County Drive Site is on the RIGHT
4 Latitude 34 17 50 N Longitude 77 55 23 5 W of the main entrance to the project
II PERMIT INFORMATION
1 a Specify whether project is (check one) ❑New ®Modification ❑ Renewal w/ Mod6lcationt
tRenewals with modifications also requires SWU 102 — Renewal Application Form
b If this applicahon is being submitted as the result of a modification to an existing permit list the existing
permit number SW8060909 its issue date (if known)lanuary 11, 2007 , and the status of
construction ❑Not Started ❑Partially Completed ® Completed provide a designer s certification
2 Specify the type of project (check one)
❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other
3 If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application list the stormwater project number
if assigned and the previous name of the project if different than currently
proposed
4 a Additional Project Requirements (check applicable blanks information on required state permits can be
obtained by contacting the Customer Service Center at 1 877 623 6748)
❑CAMA Major ®Sedimentation/Erosion Control _
❑NPDES Industrial Stormwater ❑404/401 Permit Proposed Impacts
ac of Disturbed Area
b If any of these permits have already been acquired please provide the Project Name Project/Permit Number
issue date and the type of each permit
5 Is the project located within 5 miles of a public airport? ❑No ❑Yes
If yes see S L 2012 200 Part VI http //portal ncdenr ora/web/ldrules and regulations
Form SWU 101 Version Oct 31 2013 Page 1 of 6
III CONTACT INFORMATION
1 a Print Applicant / Signing Official s name and title (specifically the developer property owner lessee
designated government official individual etc who owns the protect)
Applicant/Organization Barefoot Flooring, Inc
Signing Official & Title Dianne P Wilson, President
b Contact information for person listed in item la above
Street Address 2901 Castle Hayne Road
City Castle Hayne State NC Zip 28429
Marlmg Address (if applicable)
City
State
Phone (910 ) 264-1005 Fax
Email barefootfloorm®aol com
Zip
Please check the appropriate box The applicant listed above is
® The property owner (Skip to Contact Information item 3a)
❑ Lessee (Attach a copy of the lease agreement and complete Contact Information item 2a and 2b below)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Contact Information item 2a and
2b below)
❑ Developer (Complete Contact Information item 2a and 2b below)
2 a Print Property Owner s name and title below if you are the lessee purchaser or developer (This is the
person who owns the property that the project is located on)
Property Owner/Organization Barefoot Flooring, Inc
Signing Official & Title Dianne P Wilson, President
b Contact information for person listed in item 2a above
Street Address 2901 Castle Hayne Road
City Castle Hayne State NC Zip 28429
Mailing Address (if applicable)
City
State
Zip
Phone ( ) Fax
Email t — k
3 a (Optional) Print the name and title of another contact such as the project s cons 4ctigEs�',u 1 � i2014r of ter
person who can answer questions about the project
gV------
Other Contact Person/Organization Tripp Engineering, P C
Signing Official & Title
b Contact information for person listed in item 3a above
Mailing Address 419 Chestnut St
City Wilmington State NC Zip 28401
Phone (910 1 763-5100 Fax (910 ) 7635631
Email
4 Local jurisdiction for building permits New Hanover Hanover Count
Point of Contact
Phone #
Form SWU 101 Version Oct 31 2013 Page 2 of 6
IV PROJECT INFORMATION
1 In the space provided below bnefly summarize how the stormwater runoff will be treated
See existing permit
2 a If claiming vested rights identify the supporting documents provided and the date they were approved
❑ Approval of a Site Specific Development Plan or PUD Approval Date
❑ Valid Budding Permit Issued Date
❑ Other Date
b If claiming vested rights identify the regulation(s) the project has been designed in accordance with
❑ Coastal SW -1995 ❑ Ph II - Post Construction
3 Stormwater runoff from this project drains to the
4 Total Property Area 2 07 acres
River basin
5 Total Coastal Wetlands Area acres
6 Total Surface Water Area acres
7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area acres
Total prolect area shall be calculated to exclude the following the normal pool of impounded structures the area
be the banks of streams and rivers the area below the Normal High Water (NHIN) line or Mean High Water
(MHW) line and coastal wetlands landward froin the NHW (or MHW) line The resultant project area is used to
calculate overall percent built upon area (BUA) Nat coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area
8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 45 7
9 How many drainage areas does the project have?l (For high densihj count 1 for each proposed engineered
stormwater BMP For low density and other projects use 1 for the whole property area)
10 Complete the following information for each drainage area identified in Project Information item 9 If there
are more than four drainage areas in the project attach an additional sheet with the information for each area
provided in the same format as below
Basin Information
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area _
Receiving Stream Name
Ness Creek
Stream Class
C Sw
Stream Index Number
Total Drainage Area (so
207
On site Drainage Area (so
Off site Drainage Area (so
Proposed Impervious Area (so
42 961 SF
T Impervious Area total
476,
Impervious Surface Area
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area
On site Buildings/Lots (so
16 000 SF
On site Streets (so
On site Parking (so
21 225 SF
On site Sidewalks (so
5 736 SF
N
Other on site (so
" jnEr
Future (so
Off site (so
By
Existing BUA (so
Total (sf)
1 42 961 SF
Stream Class and Index Number can be determined at http 1/portal ncdenr org oebhoq[pslcsu/classtficahorts
lin ervious area is defined as the built upon area including but not limited to buildings roads parking areas
sidewalks gravel areas etc
Report only that amount of existing BUA that will remain after development Do not report any existing BUA that
is to be removed and which will be replaced by new BUA
Form SWU 101 Version Oct 31 2013 Page 3 of 6
11 How was the off site impervious area listed above determined? Provide documentation
Proiects in Union County Contact DEMLR Central Office staff to check rf the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent slormwater requirements as per 15A NCAC 02B 0600
V SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded
from lift //portal ncdenr org/web/wq/ws/su/bmp manual
VI 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 A detailed application
instruction sheet and BMP checklists are available from
htto //portal ncdenr org/web/wg/ws/su/statesw/forms docs The complete application package should be
submitted to the appropriate DEMLR Office (The appropriate office maybe found by locating project on the
interactive online map at httl2 / / portal ncdenr org/web/wq/ws/su/maps )
Please indicate that the following required information have been provided by initialing in the space provided
for each item All original documents MUST be signed and initialed in blue ink Download the latest versions
for each submitted application package from http / /portal ncdenr org/web/wq/ws/su/statesw/forms docs
Initials
1 Original and one copy of the Stormwater Management Permit Application Form
2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form (if required as per Part VII below)
3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP
4 Permit application processing fee of $505 payable to NCDENR (For an Express review refer to
hu //www envhelp org/pages/onestopexpress html for information on the Express program
and the associated fees Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting)
5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor
the project This is required in addition to the brief summary provided in the Project
Information item 1
6 A USGS map identifying the site location If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters withm 1/2 mile of the site boundary include the ih
mile radius on the map
7 Sealed signed and dated calculations (one copy)
8 Two sets of plans folded to 8 5 x 14 (sealed signed & dated) including
a Development/Project name
b Engineer and firm
c Location map with named streets and NCSR numbers
d Legend ESVEC
e North arrow F-``14�.•
f Scale DEC 17 2014
g Revision number and dates
h Identify all surface waters on the plans by delineating the normal pool eleva of
impounded structures the banks of streams and rivers the MHW or NHW 11Mof tidal
waters and any coastal wetlands landward of the MHW or NHW lines
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures the banks of streams or rivers and the MHW (or NHW) of tidal waters
1 Dimensioned property/project boundary with bearings & distances
j Site Layout with all BUA identified and dimensioned
k Existing contours proposed contours spot elevations finished floor elevations
1 Details of roads drainage features collection systems and stormwater control measures
in Wetlands delmeated or a note on the plans that none exist (Must be delineated by a
qualified person Provide documentation of qualifications and identify the person who
made the determination on the plans
n Existing drainage (including off site) drainage easements pipe sizes runoff calculations
o Drainage areas delineated (included in the main set of plans not as a separate document)
Form SWU 101 Version Oct 31 2013 Page 4 of 6
p Vegetated buffers (where required)
9 Copy of any applicable sods report with the associated SHWT elevations (Please identify _
elevations in addition to depths) as well as a map of the bormg locations with the existing
elevations and boring logs Include an 8 5 xll copy of the NRCS County Soils map with the
project area clearly delineated For projects with infiltration BMPs the report should also
include the soil type expected infiltration rate and the method of determining the infiltration rate
(Infiltration Devices submitted to WiRO Schedule a site visit for DEMLR to venfij the SHWT prior
to submittal (910) 796 7378 )
10 A copy of the most current property deed Deed book Page No _
11 For corporations and limited liability corporations (LLC) Provide documentation from the NC
Secretary of State or other official documentation which supports the titles and positions held
by the persons listed in Contact Information item la 2a and/or 3a per 15A NCAC 2H 1003(e)
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State otherwise the application will be returned
http //www secretary state nc us/Corporations/CSearch aspx
VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions outparcels and future development the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed
BUA allocations vary a table listing each lot number lot size and the allowable built upon area must be provided
as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and
protective covenants forms can be downloaded from http //portal ncdenr org/web/Ir/state stormwater
forms does Download the latest versions for each submittal
In the instances where the applicant is different than the property owner it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded
By the notarized signature(s) below the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project if required shall include all the items required in the permit and listed
on the forms available on the website that the covenants will be binding on all parties and persons claiming
under them that they will run with the land that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR and that they will be recorded prior to the sale of any lot
VIII CONSULTANT INFORMATION AND AUTHORIZATION
Applicant Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information)
Consulting Engineer Jonathan W Ham, E I
Consulting Firm Tripp Engineering P C
Mailing Address 419 Chestnut St
City Wilmington State NC Zip 28401
Phone (910 ) 763 5100 Fax (910 1 7635631
Email
IX PROPERTY OWNER AUTHORIZATION (if Contact Inforination item 2 has been filled out complete this
section)
I (print or type name of person listed in Contact Information item 2a) , certify that I
own the property identified in this permit application and thus give permission to (print or hjpe name of person
listed in Contact Information item la) with (print or hjpe name of organization listed in
Contact Information item la) to develop the project as currently proposed A copy of
the lease agreement or pending property sales contract has been provided with the submittal which indicates the
party responsible for the operation and maintenance of the stormwater system
ECF=B E
1 DEC 17 2014
BY
Form SWU 101 Version Oct 31 2013 Page 5 of 6
As the legal property owner I acknowledge understand and agree by my signature below that if my designated
agent (entity listed in Contact Information item 1) dissolves their company and/or cancels or defaults on their
lease agreement or pending sale responsibility for compliance with the DEMLR Stormwater permit reverts back
to me the property owner As the property owner it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days otherwise I will be operatmg a stormwater
treatment facility without a valid permit I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143 2151 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
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date
County of
personally appeared
. and acknowledge the due execution of the application for
a stormwater permit Witness my hand and official seal
SEAL
My commission
X APPLICANT S CERTIFICATION
I (print or hjpe naive of person listed in Contact Infornmtion itein 1a) Dianne P Wilson, President
certify that the information included on this permit application form is to the best of my knowledge correct and
that the project will be constructed in conformance with the approved plans that the required deed restrictions
and protective covenants will be recorded and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H 1000 and any other applicable state stormwater requirements
Signature iie n /" 9L nit. Date 4Q 0-6
I W f a Notary Public/for' the/ State of I' ` / County of
o hereby certify that 11,11A%n1i. Il ; Lf/j'���F personally appeared
before me this day of Oz(-� 1-41— and a nowle g the due execution of the application for
a stormwater permit Witness my hand and official seal AA J^
SEAL
G' W HUG
NOTARY PUBLIC
NEW HANMR COUNTY NC
My commission expires
i
Form SWU 101 Version Oct 31 2013 Page 6 of 6
Johnson Kelly
From Johnson Kelly
Sent Thursday January 08 2015 10 12 AM
To Jameslorel
Subject RE Barefoot Flooring SW8 060909
Thanks I am just following upon this one What were your questions?
Thanks
Kelly
From Jameslorel [mailto Jameslorelwilson@aol com]
Sent Wednesday December 31 2014 6 52 PM
To Johnson Kelly
Subject Re Barefoot Flooring SW8 060909
Thank you I will be in touch with you next week Happy New Year to you also Lee Wilson
Sent from my iPhone
On Dec 31 2014 at 3 35 PM Johnson Kelly <kelly p lohnsonnncdenr t,ov> wrote
Mr Wilson
I got your voicemail but I have not been able to get back to you today and so I apologize I am on my
way out soon and we are closed tomorrow and I am out of the office on Friday But I will be available
via email on Monday and in the office on Tuesday
Happy New Yearl
Kelly
From Johnson Kelly
Sent Monday December 29 2014 9 55 AM
To jameslorelwilson(alaol com Rodney Alan Currin Sullivan Tim
Subject FW Barefoot Flooring SW8 060909
Mr Wilson Mr Curran & Mr Sullivan
I understand that you all have decided that Barefoot Flooring Inc (Mr Wilson) will be the master
permittee (permit number SW8 060909) and that the subdivided parcel will drain offsite to the master
permit On December 17 2014 1 received an application to subdivide the master permit (SW8 060909)
into two tracts where Lot 1 will have 21 122sf of impervious and Lot 2 will have 21 839sf of impervious
I still need a few documents for both the master permit (SW8 060909) and the new offsite permit
(permit number TBD) to process these applications
Master Permit SW8 060909 (Barefoot Flooring Inc / Mr Wilson)
1 ) Plans We have previously discussed that you already have plans showing the subdivision We
will need two copies of those plans for the master permit and two copies of those plans for the
offsite permit This is because we will keep a plan set on file for each of the two permits
stamped approved and will return a set to each permittee (the master permittee and the
offsite permittee) which are also stamped approved We therefore need a total of four (4) sets
of plans showing the subdivision
2) Operation and Maintenance Agreement Will the master permittee continue to be responsible
for maintenance? Since the pond is on both properties you all need to determine who will be
responsible for maintenance as we have previously discussed Both entities have a shared
interest in the pond being available indefinitely because if one of you decides to sell and use the
land differently it affects the other The pond should be in an easement for this purpose (per
15A NCAC 2H 1008(c)(3)) And you all will have to come to some agreement on maintenance
Those terms are up to you all I am only interested in knowing who is responsible if it isn t done
and that there is written documentation to back that up even if one of the two of you eventually
sell you lot (which is likely for the bank)
3) Pond Easement See #2 above
4) $505 review fee
Offsite Permit Permit Number TBD (Bank Owned) We need an application package for an offsite
permit This should include the following Forms and directions are available on our website
htt portal ncdenr ora/web/Ir/state stormwater forms docs
1 Application form
2 Offsite supplement form
3 Two sets of plans as discussed in #1 under master permit above and
4 $505 review fee
I will keep the forms I have received to date but please be advised that I cannot accept them for
processing until I have all of the necessary documentation for the master permit Ideally both permits
would be processed at the same time But if the master permit submits all of its information I can
process that one first if needed
Thanks
Kelly
From iameslorelwilsomC aol com [mailto iameslorelwilson(aaol com]
Sent Monday September 08 2014 11 28 AM
To Johnson Kelly
Cc racCalofc law com
Subject Re Barefoot Flooring SW8 060909
Good Morning Kelly I received your a mail Let s go ahead and work with the map of the sub division
that is already recorded with the county if possible I prefer not to include the engineer with this scope of
work because of the expense Thank you for your assistance with this matter Sincerely Lee & Dianne
Wilson
Original Message
From Johnson Kelly <kelly P iohnson(Qncdenr gov>
To lameslorelwilson <lameslorelwilson(o)aol com> barefootflorin <barefootflorint7aol com>
Cc Rodney Alan Curnn <ract7a ofc law com> Phil Tripp <ptnpp(a)ec rr com>
Sent Mon Sep 8 2014 9 26 am
Subject FW Barefoot Flooring SW8 060909
Mr Wilson
I received the attached draft documents that you submitted for my review last week I went through it
quickly this morning and I think that it is in order I will go through it in detail once I get both submittal
packages (one from you and the other one for the adjacent property) I have also attached my email to
your attorney discussing the items to submit This is some guidance about the application so please
make sure that all of the items required by the application are submitted (such as the deed) There are
some items that aren t changing that we won t need and I tried to outline all of that in the attached email
to your attorney In particular please see page 3 about the plans and the Operation and Maintenance
agreement Your engineer will be familiar with the process (I have cc d him) But when you submit we
will need two copies of the plans for each permit (two for Barefoot Flooring and two for the permit that
offsites to your permit) You already have plans drawn up of the pond and I don t think anything will
change on that But we will need plans showing the layout and bearing/distance lines of the two lots
We will approve all four sets of plans and we will keep one on file for each permit We will mail the other
approved set to each of the appropriate permittees Also since the pond is on both properties we will
need to have an agreement between both parties about how the pond will be maintained long term (see
page 2 of the email to your attorney)
Email Page 3
You already have plans I don t think you will need to change
them other than to add a sheet showing the bearing/distance line of the subdivision between
the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we
can work through that perhaps with a map of the subdivision that is already recorded with the
county Let s touch base again before you submit for the modification to see what you and the
bank have decided to do and make sure that that process works with the plans that you have
Operation and Maintenance Agreement Depending on the path you take you may want to have this
form
http //portal ncdenr orq/web/Ir/bmp manual Look to the left then to the bottom Look below the list of
chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an
O&M
agreement in place but this is the type of language it will have
Email Page 2
Your case is a little bit different than the norm because the pond is on both lots Both entities have a
shared interest in
the pond being available indefinitely because if one of you decides to sell and use the land differently it
affects the
other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all
will have to
come to some agreement on maintenance Those terms are up to you all I am only interested in knowing
who is
responsible if it isn t done and that there is written documentation to back that up even if one of the two of
you
eventually sell you lot (which is likely for the bank)
I know that this is a lot of information so if you have further questions please let me know I have cc d
your engineer and your attorney to keep them in the loop
Thanks
KJ
From Johnson Kelly
Sent Wednesday August 27 2014 9 24 AM
To tam eslorelwilson(o)aol corn
Subject Barefoot Flooring SW8 060909
Mr Wilson
Here are two documents that may help you figure out the impervious data If you want to schedule a time
to come see the whole file please let me know
I understand that you had an existing building and then added the adjacent shopping area on the same
tract a few years later It may have been that the original building did not require a State Stormwater
permit alone but that when you added the second building it required a permit Is that how you
remember it? The 2006 narrative by the engineer says that there was 21 122sf of existing impervious
area and that they added area such that the total became 42 961 So the second lot may be the
difference in those two numbers (I am just guessing at this here ) The application for the permit (page
11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961 sf total in
terms of how much of that area is building parking etc
Hopefully that answers your questions?
Kelly
Kelly Johnson
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
Review Checklist
Project Name
Project Location
Received Date 11
Accepted Date
Rule(s) 1:12008 Coastal
El1995 Coastal
Phase II (WiRO) El Universal 1:11988 Coastal
Type of Permit New or
Mod or PR
Existing Permit # (Mod or PR)
MPE
Cert on File'?
Density HD or LD
M(/ OK?)
Type Commercial or Residential
MNCG
1:10ffsite to SW8
Exempt
Stream Class OSA Map
Subdivided'P Subdivision or Single Lot
ORW Map
Paperwork Emaded Engineer on I"/}gIf4
FiSupplement(s) (1 original per BMP) BMP Type(s) Rim` ( )
�C&M with correct/original signatures (1 original per BMP except LS/VFS and swales) '�
Application with correct/original signatures Deed <gineer
0
❑Corp or LLC Sig Auth per SoS or letter Email Address Desig�d$505 (within 6mo)Email Address Owne❑Soils Report with SHWT ✓�� T� Sv�CW�51� N etoRevie�we_rICalculations (s gned/sealed) - Oym r CjStW� - tTEl() 15
❑Noobvious errors St Ilnt� �' OW 1 com103 1111 10k+ j
❑Density includes common areas etc Stec CTtrr-S)\D4\1)15 1 cuin b
Deed Restrictions if subdivided �
Signed & Notarized \ 1�
Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest
Plans
M2 Sets Details (roads cul de sacs curbs sidewalks BMPs Buildings etc)
Grading Wetlands Delineated or No Wetlands
Vicinity Map Layout (proposed BUA dimensions)
Legend �DA Maps El Project Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
�PE Cert for Master Lot #
SHWT
SHWT
El 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)
O�
S
r
G
N
DENR
Page 1 of 1
From Rodney Alan Curnn <rac@ofc law com>
To jameslorelwilson <jameslorelw lson@aol com>
Cc Amy Marvine Currin <amc@ofc law com>
Subject DENR
Date Tue Dec 16 2014 3 31 pm
Attachments SWU 101 Application_Permit_Modification DENR doc (222K) SSW Deed Restrict HDCOMSD 20091105
DWO SPU doc (46K) Barefoot —Narrative pdf (259K) Stormwater_Narrative_Addendum docx (16K)
Lee
I think the attached application documents are ready to submit to DENR Please have these documents signed
and notarized where indicated and submit them to Kelly Johnson at DENR Please tell her that the
Maintenance Agreement (it s actually entitled Declaration of Covenants Restrictions and Easements) has been
signed by you and we are waiting to receive it from the Bank s attorney with the Bank s signature If you have
any questions please let me know
Rodney A Currin
Attorney at Law
Oliver Friesen Cheek PLLC
405 Middle Street
New Bern NC 28560
252/633 1930 phone
252/633 1950 fax
rac(@ofc law com email
ECE'V1E
DEC 17 2014
BV
https //mail aol com/38865 418/aol 6/en us/mail/PrmtMessage aspx 12/16/2014
4 1
September 6 2006
Stor►►rwnter Nm►alive
Barefoot Square
New Hanovei County NC
TE 06071
Barefoot Squire is a pre existing commercial site of 2 07 acres One stnmchue currently
exists on site along with patkmg paikumg and access The existing impervious aiea is
21 122 sf The proposed expansion Includes a 10 000 sf budding addition 4 066 sf of
concrete and 7 773 sf of asphalt access brings the total impervious area to 42 961 sf
The proposed stormwater pond is sued to state s 1 requirement and the county s 25 year
pre post requirement fhe pond is also checked for the 2 yeaj 10 year 100 year and
100 yeas spillway only Outflow will discharge through existing ditches to Ness Cieek
classification C SW
RE CE IVE71)"
SEP 15 2006
owR
-aoa u
ECEF
DEC 17 2014
BY _
Stormwater Narrative Addendum
Barefoot Square
New Hanover County NC
This Addendum accompanies the Stormwater Management Permit Application Form submitted
by Barefoot Flooring Inc ( Barefoot Flooring ) Barefoot Square has been divided into two
parcels One parcel is owned by Barefoot Flooring and the other parcel is owned by First
Community Bank ( Bank ) The parcel owned by Bank is called Barefoot Square Barefoot
Floorings impervious area is 21 122 sf and Barefoot Squares impervious area is 21 839 sf for a
total of 42 961 square feet The retention pond is located on both parcels
Barefoot Flooring will continue to own the Permit Bank will apply for an offsite permit to dram
into the retention pond The parties will enter into a Maintenance Agreement relating to the
maintenance of the retention pond The parties will also record the required deed restriction
document(s)
Rj=-CF1VEM
DEC 17 28% s
BY
Johnson
From Scott Georgette
Sent Friday September 26 2014 10 04 AM
To Johnson Kelly
Subject RE Thurs
You do not need to call them They were happy with my answer
The question was about the maintenance I also told them the Master was responsible But the legal agreement
between them when define what each is responsible for I told them that their agreement (between Master
Permittee and Offsrte Permittee) can be attached to the offsite permit on what the offsite permittee is
responsible for as far as maintenance That was the answer the attorney wanted to hear
I put a note in your file on who I talked to and made sure it was dated
Have a good vacation
G
From Johnson Kelly
Sent Thursday September 25 2014 5 17 PM
To Scott Georgette
Subjlect FW Thurs
There are a lot of lawyers for that project It was a single lot but the owner Mr Wilson subdivided a lot off years ago
There is a pond on the property line There is a small shopping center on the subdivided lot and the bank took that lot
back from Mr Wilson Both Mr Wilson and the bank have lawyers and I have talked to each of them extensively about
all of the options (and all of those emails are on file) I think they decided that the bank would offsite to Mr Wilson and
that Mr Wilson would modify to subdivide to become the master permittee The questions are probably about the
maintenance agreement I have told them that the entity that is the master permittee (probably Mr Wilson) will sign the
maintenance agreement and will be responsible for compliance But that usually in those situations the master permittee
somehow sets up an outside document to arrange for cost sharing and told them that we don t get involved in that They
also need to have a drainage easement to protect the pond indefinitely since they both own it
This has been going on for months If they have complicated questions I can talk to them on Tuesday Preferably if
they are ready to submit and have following the instructions I have already given them they should just send it in and I
will go through it when it gets here They may want me to pre review forms etc I do that to some extent for projects
on a regular basis But for this one I have already done a lot of work up front Hopefully they can just submit it
Thanks
KJ
From kellyabernathyjohnson [kellyabernathyjohnson@hotmad cam]
Sent Thursday September 25 2014 5 06 PM
To Johnson Kelly
Subject Fwd Thurs
S l r % %W nl 4( 1 11 111
Original message
From Scott Georgette <geog ette scottPncdenr go�>
Date 09/25/2014 3 27 PM (GMT 05 00)
To kellyabemathyjohnson <kellyabemathylohnson(c-vhotmad c.om>
Cc
Subject RE Thurs
Kelly
I got a message to return a call from a Lawyer for Barefoot Flooring Is there anything I need to know?
G
From kellyabernathylohnson [mailto kellyabernathylohnson(&hotmail com]
Sent Thursday September 25 2014 6 22 AM
To Scott Georgette
Cc Casmer Jo
Subject Thurs
I will be home again today I will also (theoretically) be in the mountains Fn Mon so I will be in the office
Tues
S U v R 1 tic I II npl
2
Johnson Kelly
From tameslorelwilson@aol com
Sent Monday September 08 2014 11 28 AM
To Johnson Kelly
Cc rac@ofc law com
Subject Re Barefoot Flooring SW8 060909
Good Morning Kelly I received your a mail Let s go ahead and work with the map of the sub division that is already
recorded with the county if possible I prefer not to include the engineer with this scope of work because of the
expense Thank you for your assistance with this matter Sincerely Lee & Dianne Wilson
Original Message
From Johnson Kelly <kelly p tohnson@ncdenr gov>
To lameslorelwilson <lameslorelwilson@aol com> barefootflorin <barefootflorin@aol com>
Cc Rodney Alan Currin <rac@ofc law com> Phil Tripp <ptripp@ec rr com>
Sent Mon Sep 8 2014 9 26 am
Subject FW Barefoot Flooring SW8 060909
Mr Wilson
I received the attached draft documents that you submitted for my review last week I went through it quickly this morning
and I think that it is in order I will go through it in detail once I get both submittal packages (one from you and the other
one for the adjacent property) I have also attached my email to your attorney discussing the items to submit This is
some guidance about the application so please make sure that all of the items required by the application are submitted
(such as the deed) There are some items that aren t changing that we won t need and I tried to outline all of that in the
attached email to your attorney In particular please see page 3 about the plans and the Operation and Maintenance
agreement Your engineer will be familiar with the process (I have cc d him) But when you submit we will need two
copies of the plans for each permit (two for Barefoot Flooring and two for the permit that offsites to your permit) You
already have plans drawn up of the pond and I don t think anything will change on that But we will need plans showing
the layout and bearing/distance lines of the two lots We will approve all four sets of plans and we will keep one on file for
each permit We will mail the other approved set to each of the appropriate permittees Also since the pond is on both
properties we will need to have an agreement between both parties about how the pond will be maintained long term (see
page 2 of the email to your attorney)
Email Page 3
You already have plans I don t think you will need to change
them other than to add a sheet showing the bearing/distance line of the subdivision between
the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we
can work through that perhaps with a map of the subdivision that is already recorded with the
county Let s touch base again before you submit for the modification to see what you and the
bank have decided to do and make sure that that process works with the plans that you have
Operation and Maintenance Agreement Depending on the path you take you may want to have this form
hhhttp //portal ncdenr org/web/Ir/bmp manual Look to the left then to the bottom Look below the list of
chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an O&M
agreement in place but this is the type of language it will have
Email Page 2
Your case is a little bit different than the norm because the pond is on both lots Both entities have a shared interest in
the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the
other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to
come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is
responsible if it isn t done and that there is written documentation to back that up even if one of the two of you
eventually sell you lot (which is likely for the bank)
I know that this is a lot of information so if you have further questions please let me know I have cc d your engineer and
your attorney to keep them in the loop
Thanks
KJ
From Johnson Kelly
Sent Wednesday August 27 2014 9 24 AM
To jam eslorelwilsonCcDaol corn
Subject Barefoot Flooring SW8060909
Mr Wilson
Here are two documents that may help you figure out the impervious data If you want to schedule a time to come seethe
whole file please let me know
I understand that you had an existing building and then added the adjacent shopping area on the same tract a few years
later It may have been that the original building did not require a State Stormwater permit alone but that when you
added the second building it required a permit Is that how you remember it? The 2006 narrative by the engineer says
that there was 21 122sf of existing impervious area and that they added area such that the total became 42 961 So the
second lot may be the difference in those two numbers (I am just guessing at this here ) The application for the permit
(page 11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961 sf total in terms of
how much of that area is building parking etc
Hopefully that answers your questions?
Kelly
Kelly Johnson
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
' DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
Applicable Rules ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II Post Construction
(select all that apply) ❑ Non Coastal SW HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan
State of North Carolina
Department of Environment and Natural Resources
Division of Energy Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATI,��T li0
This form may be photocopied for use as an o na \j�`„`'�
I 9,
GENERAL INFORMATION
1 Project Name (subdivision facility or establishment name should be co t t with project name n pla
specifications letters operation and maintenance agreements etc) �c�`i11
2 Location of Project (street address)
2901 Castle Hayne Road
City Wilmington County New Hanover Zip 28429
3 Directions to project (from nearest major intersection)
From 1140 West, turn LEFT onto NC 133 Castle Hayne Road Travel SOUTH for 148 miles
Turn RIGHT onto North County Drive Site is on the RIGHT
4 Latitude 34 17 50 N Longitude 77 55 23 5 W of the main entrance to the project
II PERMIT INFORMATION
1 a Specify whether project is (check one) ❑New ®Modification ❑ Renewal w/ Modificationt
tReneu als unth modifications also requires SWU 102 - Reneu al Application Form
b If this application is being submitted as the result of a modification to an existing permit list the existing
permit number SW8060909 its issue date (if known)Tanuary 11, 2007 , and the status of
construction ❑Not Started [:]Partially Completed ® Completed provide a designer s certification
2 Specify the type of project (check one)
❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other
If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application list the stormwater project number
if assigned and the previous name of the project if different than currently
proposed
4 a Additional Project Requirements (check applicable blanks information on required state permits can be
obtained by contacting the Customer Service Center at 1 877 623 6748)
❑CAMA Major ®Sedimentation/Erosion Control _
❑NPDES Industrial Stormwater ❑404/401 Permit Proposed Impacts
ac of Disturbed Area
b If any of these permits have already been acquired please provide the Project Name Project/Permit Number
issue date and the type of each permit
Is the project located within 5 miles of a public airport? []No MY19ECEIVI
If yes see S L 2012 200 Part VI http //portal nedenr org/web/Ir/rules and regulations SEP 0 5 1014
BY__
Fonn SWU 101 Version Oct 31 2013 Page I of 6
III CONTACT INFORMATION
1 a Print Applicant / Signing Official s name and title (specifically the developer property owner lessee
designated government official individual etc who owns the project)
Applicant/Organization Barefoot Flooring, Inc
Signing Official & Title Dianne P Wilson, President
b Contact information for person listed in item la above
Street Address 2901 Castle Hayne Road
City Castle Hayne State NC Zip 28429
Mailing Address (if applicable)
City
State
Phone 1910 1 264-1005 Fax
Email barefootfloorm@aol com
Zip
Please check the appropriate box The applicant listed above is
® The property owner (Skip to Contact Information item 3a)
❑ Lessee (Attach a copy of the lease agreement and complete Contact Information item 2a and 2b below)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Contact Information item 2a and
2b below)
❑ Developer (Complete Contact Information item 2a and 2b below )
2 a Print Property Owner s name and title below if you are the lessee purchaser or developer (This is the
person who owns the property that the project is located on)
Property Owner/Organization Barefoot Flooring, Inc
Signing Official & Title Dianne P Wilson, President
b Contact information for person listed in item 2a above
Street Address 2901 Castle Hayne Road
City Castle Hayne State NC Zip 28429
Mailing Address (if applicable)
City State Zip
Phone ( ) Fax ( )
Email
3 a (Optional) Print the name and title of another contact such as the project s construction supervisor or other
person who can answer questions about the project
Other Contact Person/Organization Tripp Engineering, P C
Signing Official & Title Jonathan W Ham, E I
b Contact information for person listed in item 3a above
Mailing Address 419 Chestnut St
City Wilmington State NC Zip 28401
Phone (910 1 7635100
Email
4 Local jurisdiction for building permits
Point of Contact
Fax (910 ) 763 5631
Phone #
SEP 0 5 2014
BY
Form SWU 101 Version Oct 31 2013 Page 2 of 6
IV PROJECT INFORMATION
1 In the space provided below briefly summarize how the stormwater runoff will be treated
See existing permit
2 a If claiming vested rights identify the supporting documents provided and the date they were approved
❑ Approval of a Site Specific Development Plan or PUD Approval Date
❑ Vand Building Permit Issued Date
❑ Other Date
b If claiming vested rights identify the regulation(s) the project has been designed in accordance with
❑ Coastal SW -1995 ❑ Ph II - Post Construction
3 Stormwater runoff from this project drains to the Cape Fear River basin
4 Total Property Area 2 07 acres
5 Total Coastal Wetlands Area
6 Total Surface Water Area
7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area acres
Total project area shall be calculated to exclude the following the normal yool of imppounded structures the area
between the banks of streams and rivers the area below the Normal Hugh Water (NHW) line or Mean High Water
(MHW) line and coastal wetlands landward from the NHW (or MHW) line The resultant project area is used to
calculate overall percent built upon area (BUA) Non coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area
8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 45 7 ly
9 How many drainage areas does the project have?l (For high density count 1 for each proposed engineered
Stormwater BMP For low density and other projects use 1 for the whole property area)
10 Complete the following information for each drainage area identified in Project Information item 9 If there
are more than four drainage areas in the project attach an additional sheet with the information for each area
provided in the same format as below
Basin Information
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area _
Receiving Stream Name
Ness Creek
Stream Class
C Sw
Stream Index Number
Total Drainage Area (so
207
On site Drainage Area (sf)
Off site Drainage Area (sf)
Proposed Impervious Area (so
42 961 SF
% Impervious Area total
47 6Y
Impervious Surface Area
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area
On site Buildings/Lots (sf)
16 000 SF
_
On site Streets (so
On site Parking (so
21 225 SF
On site Sidewalks (so
5 736 SF
91
Other on site (sf)
U
L
Future (so
Off site (so
Existing BUA" (so
Total (so
42 961 SF
Stream glass and index Number can be determined at http 1/portal ncdcnr org ehhoq&s/csu/classificatwns
Impervious area is defined as the built upon area including but not limited to buildings roads parking areas
sidewalks gravel areas etc
Report only that amount of existing BUA that will remain after development Do not report any existing BUA that
is to be removed and which will be replaced by new B UA
Form SWU 101 Version Oct 31 2013 Page 3 of 6
11 How was the off site impervious area listed above determined? Provide documentation
Protects in Union Countv Contact DEMLR Central Office staff to check rf the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B 0600
V SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded
from http //portal ncdenr org/web/wq/ws/su/bml2 manual
VI 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 A detailed application
instruction sheet and BMP checklists are available from
http //portal ncdenr org/web/wq/ws/su/statesw/forms does The complete application package should be
submitted to the appropnate DEMLR Office (The appropriate office may be found by locating project on the
interactive online map at http //portal ncdenr org/web/wq/ws/su/maps )
Please indicate that the following required information have been provided by initialing in the space provided
for each item All original documents MUST be signed and mitialed in blue ink Download the latest versions
for each submitted application package from http //portal ncdenr org/web/wg/ws/su/statesw/forms does
Initials-
1 Original and one copy of the Stormwater Management Permit Application Form
2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form (if required as per Part Vll below)
3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP
4 Permit application processing fee of $505 payable to NCDENR (For an Express review refer to
http / /www envhelp org/pages/onestopexpress html for information on the Express program
and the associated fees Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting)
5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor
the project This is required in addition to the brief summary provided in the Project
Information item 1
6 A USGS map identifying the site location If the receiving stream is reported as class SA or the
receiving stream drams to class SA waters within 1/2 mile of the site boundary include the 1/2
mile radius on the map
7 Sealed signed and dated calculations (one copy)
8 Two sets of plans folded to 8 5 x 14 (sealed signed & dated) including
a Development/Project name
b Engineer and firm
c Location map with named streets and NCSR numbers
d Legend
e North arrow
f Scale
g Revision number and dates
h Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures the banks of streams and rivers the MHW or NHW line of tidal
waters and any coastal wetlands landward of the MHW or NHW lines
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures the banks of streams or rivers and the MHW (or NHW) of tidal waters
i Dimensioned property/project boundary with bearings & distances
I Site Layout with all BUA identified and dimensioned
k Existing contours proposed contours spot elevations finished floor elevations
1 Details of roads drainage features collection systems and stormwater control measures
in Wetlands delineated or a note on the plans that none exist (Must be delineated byla - C E OVER
qualified person Provide documentation of qualifications and identify the person ho'
made the determination on the plans r SEP 0 5 2094
n Existing drainage (including off site) drainage easements pipe sizes runoff calcul° ns
o Drainage areas delineated (included in the main set of plans not as a separate docil Y - U
nt)
Form SWU 101 Version Oct 31 2013 Page 4 of 6
p Vegetated buffers (where required)
9 Copy of any applicable soils report with the associated SHWT elevations (Please identify _
elevations in addition to depths) as well as a map of the boring locations with the existing
elevahons and boring logs Include an 8 5 x11 copy of the NRCS County Soils map with the
project area clearly delineated For projects with infiltration BMPs the report should also
include the soil type expected infiltration rate and the method of determining the infiltration rate
(Infiltration Devices submitted to WiRO Schedule a site visit for DEMLR to verify the SHWT pnor
to submittal (910) 796 7378 )
10 A copy of the most current property deed Deed book Page No _
11 For corporations and limited liability corporations (LLC) Provide documentation from the NC _
Secretary of State or other official documentation which supports the titles and positions held
by the persons listed in Contact Information item la 2a and/or 3a per 15A NCAC 2H 1003(e)
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State otherwise the application will be returned
http //www secretary state nc us/Corporations/CSearch aspx
VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions outparcels and future development the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed
BUA allocations vary a table listing each lot number lot size and the allowable built upon area must be provided
as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and
protective covenants forms can be downloaded from http //portal ncdenr org/web/Ir/state stormwater
forms dots Download the latest versions for each submittal
In the instances where the applicant is different than the property owner it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded
By the notarized signature(s) below the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project if required shall include all the items required in the permit and listed
on the forms available on the website that the covenants will be binding on all parties and persons claiming
under them that they will run with the land that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR and that they will be recorded prior to the sale of any lot
VIII CONSULTANT INFORMATION AND AUTHORIZATION
Applicant Complete this section if you wish to designate authority to another mdwidual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information)
Consulting Engineer Jonathan W Ham, E I
Consulting Firm Tripp Engmeering, P C
Mailing Address 419 Chestnut St
City Wilmington State NC Zip 28401
Phone (910 ) 7635100 Fax (910 1 7635631
Email
IX PROPERTY OWNER AUTHORIZATION (if Contact Information item 2 has been filled out complete this
section)
I (print or type name ofperson listed in Contact Information item 2a) , certify that I
own the property identified in this permit application and thus give permission to (print or type name of person
listed in Contact Information item 1a) with (print or type name of organization listed in
Contact Information iteni la) to develop the project as currently proposed A copy of
the lease agreement or pending property sales contract has been provided with the submittal which indicates the
party responsible for the operation and maintenance of the stormwater system
SEP 0 5 2M4
By
Form SWU 101 Version Oct 31 2013 Page 5 of 6
As the legal property owner I acknowledge understand and agree by my signature below that if my designated
agent (entity listed in Contact Information item 1) dissolves their company and/or cancels or defaults on their
lease agreement or pending sale responsibility for compliance with the DEMLR Stormwater permit reverts back
to me the property owner As the property owner it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days otherwise I will be operating a stormwater
treatment facility without a valid permit I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143 2151 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
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date
County of
personally appeared
and acknowledge the due execution of the application for
a stormwater permit Witness my hand and official seal
SEAL
My commission
X APPLICANTS CERTIFICATION
I (print or type name of person listed in Contact Information item la) Dianne P Wilson. President
certify that the information included on this permit application form is to the best of my knowledge correct and
that the project will be constructed in conformance with the approved plans that the required deed restrictions
and protective covenants will be recorded and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H 1000 and any other applicable state stormwater requirements
Signature
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date
County of
personally appeared
and acknowledge the due execution of the application for
a stormwater permit Witness my hand and official seal
SEAL �E
{ SEP 0 5 2014
iv
My commission expires
Form SWU 101 Version Oct 31 2013 Page 6 of 6
High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H 1000 and S L 2006 246 the Management Regulations deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built upon area consistent with the design criteria used to size the stormwater control facility
I Dianne P Wilson, President of Barefoot Flooring, Inc acknowledge affirm and agree by my
signature below that I will cause the following deed restrictions and covenants to be recorded prior to
the sale of any lot within the project known as Barefoot Square
1 The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8060909 as issued by the Division of Water Quality under the
Stormwater Management Regulations
2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit
3 These covenants are to run with the land and be binding on all persons and parties claiming
under them
4 The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina Division of Water Quality
5 Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality
6 The maximum allowable built upon area per lot is 42,961square feet
*Note If the BUA per lot vanes please substitute the following statement for the one above and
provide a complete listing of the proposed BUA for each lot
The maximum built upon area per lot in square feet is as listed below
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
21122 _2_ 21839
Lot #1 Barefoot Floonng Lot #2 Barefoot Square owned by First Community Bank
This allotted amount includes any built upon area constructed within the lot property boundaries
and that portion of the right of way between the front lot line and the edge of the pavement 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
7 All runoff from the built upon areas on the lot must drain into the permitted system This may be
accomplished through a variety of means including roof drain gutters which drain to the street
grading the lot to dram toward the street or grading perimeter swa/es to collect the lot runoff
and directing them into a component of the stormwater collection system Lots that will naturally
drain into the system are not required to provide these additional measures
8 The owner of each lot whose ownership Is not retained by the permittee is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a permit
prior to construction
9 The project and each lot will maintain a 30* foot wide vegetated buffer between all impervious
areas and surface waters W—F iCE IVE
**50 foot for projects located in the 20 coastal counties SEP 0 5 2014
Form DRPC 1 Rev 2 05Nov2009 Page t of 2 �gy
Signature
State of
High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
County of
a Notary Public in the
do hereby certify that personally appeared
before me this the
day of
20 and acknowledge
the due execution of the foregoing instrument Witness my hand and official seal
SEAL
Signature
My Commission expires
IEGIEIVE
SEP 0 5 2014
Form DRPC 1 Rev 2 05Nov2009 Page 2 of 2
tE Barefoot Flooring SW8 060909
Page I of 3
From Rodney Alan Curnn <rac@ofc law com>
To jameslorelwilson <jameslorelwilson@aol com>
Cc Amy Marvine Curnn <amc@ofc law com>
Subject RE Barefoot Flooring SW8 060909
Date Thu Aug 28 2014 11 10 am
Attachments SWU 101 Application_Permit_Modification DENR doe (222K) Stormwater_Narrative_Addendum docx
(16K) SSW Deed Restrict HDCOMSD 20091105 DWQ SPU doe (46K)
Lee
Attached are 3 forms that I believe need to be filed with DENR to get the permit modified Can you take these
forms to Kelly Johnson and see if there is anything else you need to submit? I realize that the bank will need to
apply for an offsite permit and we need to record new deed restrictions and we need to prepare a Maintenance
Agreement but I want to see if what I have attached is correct in terms of getting the process started 111
probably get the bank s lawyer to draft all the other documents If Kelly approves the attached 1 II contact the
bank s lawyer and let him know what we ve done and what we want him to do Please let me know if you
have questions or comments
From jameSloielNtiilson(1)"1olLoin[madtojimeslorekN11Son((1)aolcom] t� �y
Sent Wednesday August 27 2014 4 42 PM 4� C Fo I V Al D
To Rodney Alan Curren SEP 0 5 2014
Subject Re Barefoot Flooring SW8 060909
Stormwater Narrative Addendum
Barefoot Square
New Hanover County NC
This Addendum accompanies the Stormwater Management Permit Application Form submitted
by Barefoot Flooring Inc ( Barefoot Flooring ) Barefoot Square has been divided into two
parcels One parcel is owned by Barefoot Flooring and the other parcel is owned by First
Community Bank ( Bank ) The parcel owned by Bank is called Barefoot Square Barefoot
Floorings impervious area is 21 122 sf and Barefoot Squares impervious area is 21 839 sf for a
total of 42 961 square feet The retention pond is located on both parcels
Barefoot Flooring will continue to own the Permit Bank will apply for an offsite permit to dram
into the retention pond The parties will enter into a Maintenance Agreement relating to the
maintenance of the retention pond The parties will also record the required deed restriction
document(s)
EiCE1VE
1 SEP052014
BY
Johnson Kelly
From Johnson Kelly
Sent Wednesday August 27 2014 9 24 AM
To jameslorelwilson@aol com
Subject Barefoot Flooring SW8060909
Attachments Barefoot_ Narrative pdf Barefoot_ Permit pdf
Mr Wilson
Here are two documents that may help you figure out the impervious data If you want to schedule a time to come see
the whole file please let me know
I understand that you had an existing building and then added the adjacent shopping area on the same tract a few years
later It may have been that the original building did not require a State Stormwater permit alone but that when you
added the second building it required a permit Is that how you remember it? The 2006 narrative by the engineer says
that there was 21 122sf of existing impervious area and that they added area such that the total became 42 961 So the
second lot may be the difference in those two numbers (I am just guessing at this here ) The application for the
permit (page 11 of the scan) has a table at the bottom of that page that shows the breakdown of the 42 961sf total in
terms of how much of that area is building parking etc
Hopefully that answers your questions?
Kelly
K-eUl�iokILSDvu
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
Johnson Kelly
From Johnson Kelly
Sent Wednesday August 20 2014 11 10 AM
To Rodney Alan Currin
Cc Amy Marvine Currin
Subject RE Barefoot Flooring
Attachments Barefoot Square pdf 2014 05 permit 140205 doc
permit 040920 doc
2014 05 master table 040920 xlsx 2014 05
Mr Currin
The forms needed depend on the approach that you all decide on There are three options
1 Option #1 First Community Bank could get an offsite permit to drain to Barefoot Flooring
2 Option #2 First Community Bank could take responsibility of the pond and Barefoot Flooring could get an
offsite permit to drain to the First Community Bank s parcel
3 Option #3 Issue the permit to both the Bank and Barefoot (This isn t a popular option )
For the application form SWU 101 you need to fill out Sections I VI and VIII (if you have a consultant work on the
protect) IX (depending on III 2 c ) and X (also depending on III 2 c ) I have attached a scan of the current permit
supplement and 0&M which will have most of the information you need The forms have changed a little bit since
2006/2007 so if there is something that you can t figure out lust let me know
As a matter of terminology we refer to the permit that is issued to the entity that takes responsibility of the pond as the
master permit That permit requires the master permittee to record deed restrictions for the lots in the subdivision
for several things but the main thing is the amount of impervious area per lot That permit also sets the wet pond s
design specifications Then any lot that is in the master permit s subdivision applies for an offsite permit to drain to the
master permit The offsite permit essentially says that it can have the amount of impervious area per lot as specified in
the master permit and that it has to be built such that it drains to the master permit s pond I have attached an example
of a similar situation that I issued recently Permit SW8 040920 was originally written as a single lot but was subdivided
and lots were sold So it was modified to be a 7 lot subdivision lust as SW8 060909 will be modified to be a 2 lot
subdivision In the example permit SW8 140205 is written to an offsite permittee that drains offsite to its master
permit SW8 040920 The example also shows that SW8 040920 had an ownership transfer (also called a
Name/Ownership change) which will be necessary if you all decide on Option #2 but not if you decide on Option #1
(SW8 040920 also talks about an extension The legislature issued extensions to some permits in recent years I will
have to see if Barefoot qualified (which is likely) and if so the master permit will also get the extension when it is
subdivided )
1 Option #1 Bank offsites to Barefoot Barefoot is already the permittee so you won t need to transfer the
permit Barefoot would submit the application form (SWU 101) and all of the associated information as we have
previously discussed including the deed restriction document The Bank would also submit SWU 101 the
information that it needs as specified in SWU 101 and the offsite supplement form specifying the amount of
impervious area it is being allocated by Barefoot s master permit
2 Option #2 Bank becomes the master permittee and Barefoot offsites to the bank In this case since Barefoot is
the current permittee you will need to submit the transfer form to transfer SW8 060909 to the Bank Then
proceed as the Bank is the master permittee such that the Bank submits the items specified to be submitted by
Barefoot in #1 above and Barefoot submits the items specified to be submitted by the bank in #1 above
3 Option #3 Issue to both I am going to assume that you will not want to pursue this option If you do please let
me know and we can discuss what to submit
As for your last question about maintenance the existing O&M agreement is attached Again it is older and language
changes over time The link I sent yesterday is what we used today and reflects lessons learned over the past few years
An important point to consider is that as far as compliance goes the master permittee is generally responsible for
maintenance under the permit If it isn t maintained then normally it is the master permittee s problem (Master
permittees normally pass on portions of the maintenance cost in agreements beyond the scope of our permits )
Your case is a little bit different than the norm because the pond is on both lots Both entities have a shared interest in
the pond being available indefinitely because if one of you decides to sell and use the land differently it affects the
other The pond should be in an easement for this purpose (per 15A NCAC 2H 1008(c)(3)) And you all will have to
come to some agreement on maintenance Those terms are up to you all I am only interested in knowing who is
responsible if it isn t done and that there is written documentation to back that up even if one of the two of you
eventually sell you lot (which is likely for the bank) Ideally one of the two of you will become the master permittee and
take responsibility for the pond and then pass on a portion of the costs to the other to recoup those costs If neither of
you wants to be the master permittee (such that options #1 and #2 don t work) we will have to pursue #3 There isn t a
cookie cutter approach to that We will have to work it out One option is to pursue a situation similar to a residential
development (and some commercial development) draining to a wet pond In that set up the pond is on common area
owned by an HOA and the HOA is responsible for it I think this is a little complex for you all because that would require
you to create a third lot to obtain a third permit and to create a POA The POA would be the master permittee and
both the Bank and Barefoot would get their own offsite permits to drain to the POA s master permit I am sure that
there are other options that we could consider as well but nothing that is common We would have to come up with
something
Hopefully that answers your questions If you have additional questions please let me know
Thanks
Kelly
From Rodney Alan Currin [mailto rac@ofc law com]
Sent Tuesday August 19 2014 4 18 PM
To Johnson Kelly
Cc Amy Marvine Currin
Subject RE Barefoot Flooring
Kelly
Thanks you for your email
1 If Barefoot Flooring files the SWU 101 and the Deed Restriction document would the Bank then file the Offsite
Supplement that you refer to? Does that satisfy the requirement that the offsite party obtain an offsite permit
to drain to Barefoot Flooring?
2 Regarding the SWU 101 which portions need completion —Just sections VI 1 2 4 5 10 & 11?
What s the best way for me to get the information to complete the SWU 101—from the existing permit? Form
the original application? Can you send to me from your file the documents) I need?
3 Since the retention pond is on both properties (Barefoot Flooring s property and the Bank s property) does the
Wet Detention Basin form Just give us a guideline to prepare a Joint Maintenance Agreement between Barefoot
Flooring and the Bank?
Thanks
From Johnson Kelly fmadto kelly p iohnson@ncdenr Rov]
Sent Tuesday August 19 2014 3 01 PM
To Rodney Alan Currin
Subject Barefoot Flooring
Here is the link to the following two documents http //portal ncdenr orx/web/Ir/state stormwater forms docs
1 Modification Application SWU 101 State Stormwater Permit Application Form There is an instructions sheet
just below the application But in particular Section VI has a list of submittal requirements This is a list for a
full application I suspect that you all will be able to simplify this a bit because you already have plans that have
been approved and I don t think that you plan to make any changes to the pond Section VI
1 #3 If you don t change the pond you don t need the supplement
form
u #6 You don t need this one
111 #7 You don t need this one
iv #8 You already have plans I don t think you will need to change
them other than to add a sheet showing the bearing/distance line of the subdivision between
the two lots If that is difficult (or expensive to get an engineer to do) then let me know and we
can work through that perhaps with a map of the subdivision that is already recorded with the
county Let s touch base again before you submit for the modification to see what you and the
bank have decided to do and make sure that that process works with the plans that you have
v #9 You don t need this one
2 Deed Restriction Document Select the Deed Restrictions tab then high density commercial subdivision This
form basically says that you promise to record restrictions including an impervious area per lot The two lots
need to split the amount of impervious area (also called BUA for Built Upon Area) between them It is up to you
all as to how you divide it but the two pieces have to add up to the total amount permitted
3 Name/Ownership Change Form Depending on the path you take you may need this form as well if you
transfer ownership of the permit It is under Miscellaneous on the same website There are two forms
choose the one that is not for the HOAs
4 Offsite Supplement Depending on the path you take you may want to see the Offsite Supplement under
supplement forms This document is for a project that will drain offsite for treatment in someone else s BMP
(best management practice — in this case the wet pond) It essentially ensures that the amount of impervious
area on the offsite lot will match the deed restricted amount and it will also require the offsite lot to drain to
the BMP
5 Operation and Maintenance Agreement Depending on the path you take you may want to have this form
http //portal ncdenr ore/web/Ir/bmp manual Look to the left then to the bottom Look below the list of
chapters for a link to Operation and Maintenance Forms and choose wet pond There is already an O&M
agreement in place but this is the type of language it will have
If you have further questions or if you want to schedule a time to come do a file review please let me know
Thanks
Kelly
K.CI.I,I� D� IA,SOIn,
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
Johnson Kelly
From Johnson Kelly
Sent Tuesday July 29 2014 10 26 AM
To Sullivan Tim Scott Georgette
Subject RE Barefoot Square Permit No SW8 060909
Attachments Barefoot Square pdf
Mr Sullivan
I have attached a scan of the permit The maintenance agreement is on pages 14 15 of the scan Also the application
and supplement forms are on the following website
http //portal ncdenr org/web/Ir/state stormwater forms docs
If you click on supplement forms look for the off site system supplement as shown below
If you have further questions please call
Thanks
K1
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From Sullivan Tim [mailto TSullivan(cbpoynerspruill com]
Sent Tuesday July 29 2014 9 18 AM
To Johnson Kelly Scott Georgette
Subject Barefoot Square Permit No SW8 060909
Ms Johnson and Ms Scott
If either of you is able to call me this morning (919/783 2991) regarding the Barefoot Square permit I would
greatly appreciate it as I have some questions about the items noted in the attached letter I Just want to be sure I
understand the process Also I would appreciate it if you could send me the appropriate application form for an offsite
permit Thank you for your assistance
Best Regards
Tim Sullivan
2
Timothy P Sullivan I Partner
�?yner Spruill
ATTORNEYS AT LAW
301 Fayetteville Street Suite 1900 Raleigh NC 27601
PO Box 1801 Raleigh NC 27602 1801
D 919 783 2991 1 F 919 783 1075
tsulhvan@poynerspruill com I www poVnerspruill corn
® C1 19
This electronic communication (including attachments) may contain attorney privileged and confidential information
intended only for the use of the named recipient If you are not the intended recipient you are prohibited from
disseminating distributing or copying this communication If you have received this communication in error please
immediately notify us by return message or by telephone at 919 783 6400 and delete this communication from your
system Thank you
ANG-WAMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 16 2014
Ms Dianne Wilson President
Barefoot Flooring Inc
2901 Castle Hayne Rd
Castle Hayne NC 28429
Mr Lee Wilson Agent
Barefoot Square Business COA
2901 Castle Hayne Rd
Castle Hayne NC 28429
Mr Robert Buzzo President
First Community Bank NA
PO Box 989
Bluefield VA 24605
Subject Notice of File Review/Inspection - Non Compliant
Barefoot Square
Permit No SW8 060909
New Hanover County
Dear Ms Wilson Mr Wilson and Mr Buzzo
John E Skvada III
Secretary
The subject State Stormwater permit was issued to Barefoot Flooring Inc on January 11 2007 As
shown in the attached diagram the permit covers both 2901 Castle Hayne Rd (which is currently
occupied by Barefoot Flooring) and 1915 North County Dr (which is currently owned by First
Community Bank) The pond that treats the stormwater from both properties is on the property line
I mailed the enclosed letter on July 10 2014 and then learned that First Community Bank is
involved when I met with Mr and Ms Wilson on July 14 2014 Since the properties are now owned
by two entities the permit must be subdivided and one of the two property owners must obtain an
offsite permit to drain to the other Since the pond is currently permitted under Barefoot Flooring
First Community Bank could get an offsite permit to drain to Barefoot Flooring Alternately First
Community Bank could take responsibility of the pond and Barefoot Flooring could get an offsite
permit to drain to the First Community Bank s parcel In either case a maintenance agreement
needs to be drawn up to establish maintenance responsibility between the two property owners
since it is a shared pond
If you have any questions please contact me at the Wilmington Regional Office telephone number
(910) 796 7331 or via email at kelly p fohnson@ncdenr gov
Sinc ely
Ily Jo son
En mental Engineer
enc SW8 060909 Summary Diagram
Jul yy 10 2014 letter
GDS\kpt G 1WQ\Shared\Stomiwater\Permits & Protects\2006\060909 HD\2014 07 CEI-deficient-2 060909
cc Georgette Scott Wilmington Regional Office Stormwater Supervisor
<WiRO Stormwater File
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
t r lX
S1 ATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER O
IN THE MATTER Of- THE FORECLOSURE )
OF A DEED OF 1 RUS f rROM BAREFOOT )
SQUARE LLC TO JAMES G GRAHAM )
1 RUSTEE DATED APRIL 23 2010 )
RECORDED IN BOOK 5481 PAGE 2219 )
NEW HANOVER COUNTY REGISTRY )
d�W �? O�baonq
�2E.Gc-osu�E Trw��
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
14 SP 167
`4`� q Tr
NOTICOFJORECLOSURE SALE
Bye' n1 A h
�iF L r,u _� CO/��
y � r
Pursuant to an order entered March 4 2014 in the Superior Court for New Hanover
County and the power of sale contained in the captioned deed of trust ( Deed of Trust ) the
undersigned Substitute Trustee will offer for sale at auction to the highest bidder for cash
AT THE COURTHOUSE DOOR IN
WILMING 1 ON NEW HANOVER COUNTY NORTH CAROLINA
ON APRIL 1 2014
AT 10 00 AM
the real estate and the improvements thereon encumbered by the Deed of Trust less and except
any of such property released from the lien of the deed of trust prior to the date of this sale lying
and being in New Hanover County North Carolina and being more particularly described as
follows
A Unit Ownership in real property pursuant to Chapter 47C of the General
Statutes of the State of North Cdrohnd in and to Units 100 110 120 130 140
150 160 and 170 in Barefoot Square Business Condominium as the same is
shown on a plat or plats thereof recorded in Condominium Plat Book 18 at Pages
148 to 149 of the New Hanover County Registry
Together with an undivided interest in the common areas and facilities as
described in the Declaration of Condominium of Barefoot Square Business
Condominium recorded in Book 5481 at Page 2180 of the aforesaid Registry and
any amendments thereto
Iogether with and subject to those rights pri%ileges covenants conditions and
restrictions contained in the aforementioned Declaration recorded in Book D481 at
Page 2180 of the aforesaid Registry and any amendments thereto
In the Trustee s sole discretion the sale may be delayed for up to one (1) hour as
provided in Section 45 21 23 of the North Carolina General Statutes
The record owner of the real property not more than ten day Cl hepd�t f is
Barefoot Square LLC
JUL 14 2014
BY -~—
A five percent cash deposit or a cash deposit of $750 00 whichever is greater will be
required of the last and highest bidder The balance of the bid purchase price shall be due in full
in cash or certified funds at a closing to take place within thirty (30) days of the date of sale fhe
undersigned Substitute Trustee shall convey title to the property by non warranty deed
This sale will be made subject to all prior liens of record if any and to all unpaid (ad
valorem) taxes and special assessments if any which became a lien subsequent to the
recordation of the Deed of Trust This sale will be further subject to the right if any of the
United States of America to redeem the above described property for a period of 120 days
following the date when the final upset bid period has run
The purchaser of the property described above shall pav the Clerk s Commissions in the
amount of $ 45 per $100 00 of the purchase price (up to a maximum amount of $.)00 00)
required by Section 7A )08(a)(1) of the North Carolina General Statutes If the purchaser of the
above described property is someone other than the Beneficiary under the Deed of Trust the
purchaser shall also pay to the extent applicable the land transfer tax in the amount of one
percent 0 %) of the purchase pnce
To the extent this sale involves residential props rty with less than fifteen (15) rental units
You are hereby notified of the following
a An order for possession of the property may be issued pursuant to Section
45 21 29 of the North Carolina General Statutes in favor of the purchaser and against the
party or parties in possession by the clerk of superior court of the county in which the
property is sold and
b Any person who occupies the property pursuant to a rental agreement
entered into or renewed on or after October 1 2Q07 ma} after receiving the notice of
sale terminate the rental agreement upon 10 days Iwritten notice to the landlord Upon
termination of a rental agreement the tenant is iliable for rent due under the rental
agreement prorated to the effective date of the termmahon
This 4th day of March 2014 r
�1
Esq
2808 Wind Bluff Circle
Wilmington NCi28409
Telephone (910) 470 4120
2
ANrA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 10% 2014
Ms Dianne Wilson President
Barefoot Flooring Inc
2901 Castle Hayne Rd
Castle Hayne NC 28429
Mr Lee Wilson Agent
Barefoot Square Business COA
2901 Castle Hayne Rd
Castle Hayne NC 28429
Subject Notice of File Review/Inspection — Non Compliant
Barefoot Square
Permit No SW8 060909
New Hanover County
Dear Ms Wilson & Mr Wilson
John E Skvada III
Secretary
On July 10 2014 the Wilmington Regional Office of the Division of Energy Mineral and
Land Resources (DEMLR) conducted a file review of Barefoot Square in New Hanover
County to determine the status of compliance with the State Stormwater Management
Permit Number SW8 060909 issued on January 11 2007 DEMLR file review and site
inspection revealed that the site is not compliant with the terms and conditions of this permit
Please find a copy of the completed form entitled Compliance Inspection Report attached
to this letter which summarizes the findings of the recent inspection
As indicated in the attached inspection report the following deficiencies must be resolved
1 Section II (10)(e) Approval is required for further subdivision acquisition lease or
sale of all or part of the project area The project area It appears that this project
was issued as a two lot project but not as a subdivision because it appears that
when you obtained the permit in 2007 you owned both lots Per county property
records one of the lots located at 1915 North County Drive has been transferred to
Barefoot Square Business COA and then reportedly to the bank although that is not
currently reflected in the property records Please submit an application to modify
your permit to a subdivision The application form and directions are available on our
website htto //portal ncdenr ora/web/Ir/state stormwater forms docs
2 Offsite Permit Simultaneously the owner of 1915 North County Drive will also be
required to obtain an offsite permit to drain to the pond permitted under SW8 060909
Information for this application is available on the same website
Please inform this Office in writing before August 11 2014 of the specific actions that will
be undertaken and the time frame that will be required to correct the deficiencies Failure to
provide the requested information or to respond to this letter by the due date may initiate
enforcement action including the assessment of civil penalties of up to $25 000 per day If a
written plan of action is not submitted to this office by August 11 2014 then DEMLR staff will
re inspect the site and issue a Notice of Violation if the listed deficiencies have not been
addressed
If the project has changed its name ownership or mailing address it is your responsibility to
submit a completed and signed Name/Ownership Change form to DEMLR at least 30
calendar days prior to making the changes Please include the name mailing address and
phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form �
Division of Energy Mineral and Land Resources j
Land Quality Section — Wilmington Regional Office /\
127 Cardinal Drive Extension Wilmington North Carolina 28405 (910) 796 7215 / Fax (910) 350 2004
V
Wilson
y 10 2014
If you have any questions please contact me at the Wilmington Regional Office telephone
number (910) 96 7331 or via email at kelly p Johnson@ncdenr gov
eer
enc Compliance File Review/Inspection Report July 10 2014
Permit January 11 2007
Permit Summary July 10 2014
GDftP1 G \WQ\Shared\Stormwater\Perrmts & Pro/ects\2006\060909 HD\2014 07 CEI_deficient 060909
cc Georgette Scott Wilmington Regional Office Stormwater Supervisor
WtRO StormwateCFde;p
Page 2 of 2
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THE DATA ISFROM 2014
Data Copyright Nev. Hanover County:Disdaimeri 'privacy policy-. Last Updated: July 6, 20:4
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President: Dianne Wilson
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My Ries ' �' t i f 1 1 a + 130% Q i ram. Tools i Sign Comment
be distributable to its members, directors, officers, or any other individuals, e
Association shall be authorized and empowered to pay reasonable compensation fors
€sarefoot square Business COA:
rendered, and other than by acquiring, constructing, or providing management, mai
Artic es of Incorporation Show
care of association property, and other than by a rebate of excess membershi
that t_ee Wilson (SW8 060909
assessments. It is intended that the Association will qualify at all times as an org za
per ritee} is the agert for the
elect to be taxed under Section 528 of the Code.
COA, No President or v0 are
listed in this 2009 document.
7. Dissolution: In the event of dissolution of the Associati , any net assets remaining
after the satisfaction of the Association's liabilities shall be transfe and delivered to one (1 ) or
more public agencies that are exempt from state and federal t on, as shall be selected by the
Board of Directors of the Association, and su/satisfacti
are to be sed for purposes similar to those for
which this Association was created. In tthat ch transfer and delivery is refused
acceptance, any net assets remaining as of tcti of the Association's liabilities shall be
transferredand delivered to one or more orgas shall be selected by the Board of Directors
of the Association, that are organized generarposes similar or related to those set forth in
Article 4 hereof, as long as any such organizempt from tax pursuant to Section 501 of the
Code or has elected to be taxed under Sectiothe Code.
8. Registered Office and Agent: The street address of the initial registered office of the
Association is 2901 Castle Hayne Road, Castle Hayne, North Carolina 28429 (.New Hanover
County); the mailing address of the initial registered office of the Association is 2901 Castle Hayne
Road, Castle Hayne, North Carolina 28429, and the name of the initial registered agent at such
address is Lee Wilson.
9. Incorporator: The name and address of the incorporator is: Joseph C. Heame, II, 265
Racine Drive, Suite 104, Wilmington, North Carolina 28403.
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Compliance Inspection Report
Permit SW8060909 Effective 01/11/07 Expiration 01/11/21
Project Barefoot Square
Owner James L Wilson
County New Hanover Adress 2901 Castle Hayne Rd
Region Wilmington
City/State/Zip Castle Hayne NC 28429
Contact Person James L Wilson Title Phone 910 264 1005
Directions to Protect
From 1 140 west turn left onto NC 133 Castle Hayne Road Travel south for 1 48 miles turn right oto North County Drive Site is
on the right
Type of Protect State Stormwater HD Detention Pond
Dram Areas 1 (Ness Creek) (03 06 23 ) ( C Sw)
On -Site Representatives)
Related Permits
Inspection Date 04/1012014 Entry Time 08 OOAM
Primary Inspector Kelly Johnson
Secondary Inspector(s)
Reason for inspection Routine
Permit Inspection Type State Stonmwater
Facility Status ❑ Compliant Not Compliant
Question Areas
State Stormwater
(See attachment summary)
Exit Time 10 OOAM
Phone 910 796 7331
Inspection Type Compliance Evaluation
page 1
Pe m t SWO060909 0wne P q ct J me L Wlw
I sp cto Date 04/10/2014 1 p t Typ C mpl ceE I at R f V it R t e
File Review Y N NA NE
Is the permit active? ❑ ❑ ❑
Signed copy of the Engineers certification is in the file? ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the filev 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file9 ❑ 1:10 ❑
Comment Flle Review Only A potential buyer for 1915 North County Dr had questions about this permit This file
review documents the findings from the file review to answer his questions SWB 060909 is not a
subdivided permit because the owner owned both lots at the time He transferred one to a COA
(1915/13arefoot Square) That lot is now bank owned SW8 060909 needs to be subdivided, and an
offsite permit for 1915 North County Or needs to be obtained
page 2
rfw � 0 (0 ()CI 0 9
Georgette
Stephen Nix (616 0022) is a potential buyer of property at 1915 North County Drive Castle Hayne I
tried to locate the file for him to review and he came in and reviewed the attached (SW8 050431) but
verified it is NOT the correct file He says it is the other building which is behind this building
(attached file) that he is interested in buying and says the property line goes through the middle of the
retention pond
I told him I was unable to help him further but would let the Stormwater supervisor know and perhaps
the site could be inspected to see what is going on — if it is even a permitted site etc I wasn t sure
what else to do in this case
Thx 10
c�v%A5
t �0�3
r
0(90Q '
Date Filed 3/21/2014 11 59 00 AM
CD-479 (50) Business Corporation Annual Repo Elaine F Marshall
10 22413 North Carolina Secretary of State
Name of Business Corporation gAR _r_nntrarTrnrnn-1are�rxms
Secretary of State ID 2116990 State of Formation NORTH CAR Fiscal Year Ending 12/31/2013
I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by
NCGS 55 16 22) has not changed and is therefore complete
Section A Registered Agent s Information
1 Name of Registered Agent JAMES L WILSON
2 Signature of the New Registered Agent
(Sp 1 re rartsiCul co I a ih appon ma t)
3 Registered Office Street Address & County 4 Registered Office Mailing Address
2901 CASTLE HAYNE RD 2901 CASTLE HAYNE RD
CASTLE PAYNE NC28429 NEW HANOVER CASTLE HAYNE NC28429 NEW HANOVER
Section B Principal Office Information
1 Description of Nature of Business FLOORING SALES & INSTALLATION
2 Principal Office Phone Number (910) 772-1735 3 Principal Office Email
4 Principal Office Street Address & County
2902 CASTLE HAYNE RD
CASTLE HAYNE NC28429
Section C Officers (Enter add tional Officers in Section E )
Name yso Name
Title Title
Address 1713 N COUNTY DR Address
CASTLE HAYNE NC28429
5 Pr ncipal Office Mailing Address
2901 CASTLE HAYNE RD
CASTLE HAYNE NC28429
Name
Title
Address
Section D Certification of Annual Report Section D must be completed in its entiretyand signed by a person
listed under Section C or a person signing for an entity listed under Section C
4-� r n , y /
Sg 1 (F min Icesgnec by T" I apw W )
DIANNE P WILSON
Pml Typ N.MOtlim
D N
PRESIDENT
Tw
fi
NCCZOW 1V11113
14
D t F l d 10/06/2008
•cB,9s(sa) Business Corporation North Carolina Annul N rth C 1 1 FsM th u fSt t
8 2107 2008 302 00444
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Re Ba f of Sq SW8 060909
Subject Re Barefoot Square SW8 060909
From Linda Lewis <lmda lewis@ncmail net>
Date Tue 27 Mar 2007 12 11 33 0400
To Jonathan W Ham <Jonathan tnppeng@ec rr com>
Jon th n
If you go ng to b ch ng ng th of th pond or the lev t on of the
t mpo y pool th n p rm t mod f t on s nece ry A mpl plan r v s on
won t b po bl No cal ulat on w n lud d w th the r v s d plan
L nda
Jon th n W Ham wrot
Linda
I apologize for any confusion on my plan revision submittals For
Barefoot
Square no impervious area changed the pond simply got bigger and
shifted
in response to a new septic system required by New Hanover County
The
state flood pool actually was able to drop a few tenths but the
normal pool
and top of bank remain the same If no calculations were included
in that
submittal (I had them redone signed and sealed but the new
assistant here
may not have sent them) then I will send them along Please let
me know if
there are any further questions and again I apologize for any
confusion I
have created
Thanks
Jonathan
Jonathan W Ham E I
Civil Engineering
Tripp Engineering P C
Office (910) 763 5100
Fax (910) 763 5631
NOTICE This electronic correspondence and all attachments may
contain
privileged information intended only for the use of the addressee
Any
information contained within this correspondence is provided for
your
convenience No assertion of accuracy is made by Tripp
Engineering P C
unless physical documents are obtained sealed AND signed User
I f 2 3/27/2007 12 18 PM
Re BarefootSq SW8060909
assumes all
responsibility for use of this digital information
Original Message
From Linda Lewis [mailto linda lewis@ncmail net] Sent Tuesday
March 27 2007 10 17 AM
To Jonathan Ham
Cc Phil Tripp
Subject Barefoot Square SW8 060909
Jonathan
I received 2 sets of revised plans for the subject project on March
15 2007 Can you please enlighten me on the changes that are being
proposed We deal with hundreds of submittals of one kind or
another every month so whenever you submit correspondence to the
Division please include the project number to avoid delays and
confusion Additionally for plan revisions it is most helpful if
you include a cover letter explaining what the changes are
Thanks
Linda
2 f 2 3/27/2007 12 18 PM
Job No 06071
Date 03/15/07
TRIPP ENGINEERING, P C
419 Chestnut Street Wilmington NC 28401
Phone (910) 763 5100 FAX (910) 763 5631
Email tnppeng@ec rr com
LETTER OF TRANSMITTAL
To NCDENR
Attention Linda Lewis
Subject Barefoot Square
FAX TRANSMITTAL NUMBER OF PAGES INCLUDES COVER
I am sending you ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( X ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Conies Item No Description
1 C1 Site Plan
1 C3 Details and Notes
These are transmitted as checked below
( X ) For Approval ( ) For Your Use ( ) Sign & Return ( X ) Review
Remarks Revised plans for your files
cc
y
MAR 1 5 2007 I Signed Jonathan Ham