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HomeMy WebLinkAboutSW8070407_HISTORICAL FILE_20100810STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 01 O 0 10 YYYYMMDD ©�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor August 10, 2010 Robert Gasperson, President Gasperson, Inc PO Box 798 Swainsboro, NC 28584 Division of Water Quality Coleen H Sullins Director Dee Freeman Secretary Subject: Stormwater Permit No SW8 070407 The Gasperson Inc Property (formerly The Palms Professional Center) High Density Project Onslow County Dear Mr Gasperson The Wilmington Regional Office received a request to change the project name and to transfer the ownership of the Stormwater Management Permit for the subject project on April 23, 2010 Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 070407 dated August 10, 2010, for the construction of built -upon area and stormwater BMP's associated with the Gasperson, Inc Property This permit shall be effective from the date of issuance until April 13, 2017, and shall be subject to the conditions and limitations as specified therein Please pay special attention to the Operation and Maintenance requirements in this permit Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adludicatory hearing upon written request within thirty (30) days following receipt of this permit This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P O Drawer 27447, Raleigh, NC 27611-7447 Unless such demands are made this permit shall be final and binding If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 796-7215 Sincerely, deo_=r_gefteZott Stormwater Supervisor Division of Water Quality GDS/arl S \WQS\STORMWATER\PERMIT\070407 aug10 cc Ray E McCotter, former permittee Onslow County Building Inspections Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal one Extension Wilmington North Carolina 28405 One Phone 91079672151FAX 910 350 20N k Customer Service 1-877-623-6748 NorthCarolina Internet w rimaterquality org Naturally An Equal Oppoaumry l Affumawe Achon Employer State Stormwater Management Systems Permit No SW8 070407 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Gasperson, Inc The Gasperson Inc Property 912 N Manne Blvd, Jacksonville, Onslow County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwaterrules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until April 13, 2017, and shall be subject to the following specified conditions and limitations 1. DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 16 of this permit The stormwater control has been designedJo handle the runoff from 73,980 square feet of impervious area Z. 3 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 4 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans 5 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system 6 This wet detention pond must be operated with a 30' vegetated filter, as shown on the approved plans Page 2 of 7 State Stormwater Management Systems Permit No SW8 070407 7 The following design criteria have been provided in the wet detention pond and must be maintained at design condition a Drainage Area, 9cres 28 Onsite, ft 121,792 Offsite, ftz None b Total Impervious Surfaces, ftZ 73,980 c Design Storm, inches 1 d Pond Depth, feet 45 e TSS removal efficiency 85% f Permanent Pool Elevation, FMSI 90 g Permanent Pool Surface Areq, ft 4,800 h Permitted Storage Volume, ft 7,090 1 Temporary Storage Elevation, FMSL 103 I Controlling Orifice 1"0 pipe k Permitted Forebay Volume, ft3 1,555 1 Fountain Horsepower, HP 1/8 m Receiving Stream/River Basin Sandy Run Branch / White Oak n Stream Index Number 19-16-4 o Classification of Water Body "SC,HQW,NSW" II SCHEDULE OF COMPLIANCE 1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and re -vegetation of slopes and the vegetated filter d Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping g Access to the outlet structure must be available at all times 4 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 5 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria a The fountain must draw its water from less than 2' below the permanent pool surface b Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond c The falling water from the fountain must be centered in the pond, away from the shoreline d The maximum horsepower for a fountain in this pond is 1/8 horsepower Page 3 of 7 State Stormwater Management Systems Permit No SW8 070407 6 The facilities shall be constructed as shown on the approved plans This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility 9 Access to the stormwater facilities shall be maintained via appropriate easements at all times 10 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area or to the drainage area e Further subdivision, acquisition, lease or sale of all or part of the project area as reported on the application f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 11 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction 12 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction , 13 The Director may notify the permittee when the permitted site does not meet one ortmore of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made III GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 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 Page 4 of 7 State Stormwater Management Systems Permit No SW8 070407 3 This permit is not transferable except after notice to and approval by the Director In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate The approval of this request will be considered on its merits and may or may not be approved 4 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request Neither the sale of the project area in whole or in part, nor the conveyance of common area to a third party constitutes an approved permit transfer request 5 In the event that the facilities fad to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 6 The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility 7 The permit 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 8 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 9 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 10 At least 180 days prior to the expiration date of this permit, the permittee shall submit a permit renewal application and fee to the Division Permit transferred and reissued this the 10th day of August 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Systems Permit No SW8 070407 The Gasperson, Inc Property Stormwater Permit No SW8 070407 Onslow Countv Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is included in the Certification Noted deviations from approved plans and specification Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No SW8 070407 Certification Requirements 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drams 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 3 1 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, and a forebay 15 The required system dimensions are provided per the approved plans cc NCDENR-DWQ Regional Office Onslow County Building Inspections Page 7 of 7 North Carolina Department of nvirironmRent and Natural Reso APR221?010 Division of Water Quality Beverly Eaves Perdue Colleen H Sullins erne Governor Director Secre STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I CURRENT PERMIT INFORMATION 1 Stormwater Management Permit Number 2 Project Name Tha palm, p,,fa„inn. 3 Current Permit Holder's Company Name/Organization RMICo . 1.1.0 4 Signing Official's Name Ray E McCotter Title Managinp Member (person legally responsible for permit) 5 Mailing Address P o. Box 12623 City New Bern State NC 6 Phone 252 671-2442 Fax Zip 28561 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑x Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and ❑ Mailing address / phone number change (Please complete Item 4 below) ❑ Other (please explain) 1 Proposed permittee's company name/organization Gasperson, Inc. 2 Proposed permittee's signing official's name Robert Gasperson 3 Proposed permittee's Title President 4 Mailing Address P o Box 798 4 below) City Swansboro State NC Zip 28584 Phone 910 326-5711 Fax ( ) 5 New Project Name to be placed on permit The Gasperson, Inc. Property Please check the appropriate box The proposed permittee listed above is ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above) The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev16Nov2009 Page 1 of 4 III' REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal 1 This completed and signed form 2 Legal documentation of the transfer of ownership (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3 A copy of the recorded deed restrictions, if required by the permit 4 The designer's certification, if required by the permit and if not already submitted to DWQ 5 If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner 6 The $40 00 processing fee If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required Subsequent ownership transfers will require the $40 00 processing fee IV CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit 1, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete 0 Check here if Current Owner Is transferring (selling) the property to a new owner and will not retain ownership of the permit I, Ray E McCotter , the current owner, am submitting this application for a transfer of ownership for permit # SW8070407 I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections 11 and V of this form at the mailing address listed in Section II of this form I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Division approves it ,P -1 I, 4� 1 IXAI[+ I t/ I )I NI IkUh a Notary Public for the State of fill County of �� Z�� do hereby certify that nfttr personally appeared before-nie'thicrthe ay ofj1i1, 20�, and acknowledge ,he•due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) Notary Signature - SSW N/O Change Revt 6Nov2009 Page 2 of 4 V PROPOSED PERMITTEE CERTIFICATION (This section must be completed by the Proposed Permlttee for all transfers of ownership) I, Robert Gasperson , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not Included, this application package will be returned as incomplete I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee I further acknowledge and agree that I will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation and Maintenance agreement Signature l�4151� ekjiy Date ` -e�0-1 d A Q Notary Public for the State of NUC-N�1 Carc`, lr�o, County of C),N5�ow , do hereby certify that �iyr Cal cis pe [ SOr1 personally appeared before me this the Gtk day of P"pry 20 IL , and acknowledpilh&,Oye execution of the to ing instrument Witness my hand and official seal, \\\`�GA v kgss , f,-- ✓!� ��,(_ n n Notary Public fr .wavn cxplrl 07/0612013 0 /2�e q'TyICIAR`O"``\��. Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document Both the lessee / developer and the property owner will appear on the permit as permittees SSW N/O Change Rev16Nov2009 Page 3 of 4 VI ' PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form Printed Name Organization Title within the Organization Street Address City Mailing Address City Phone Email State (if different from street address) State Fax Zip Zip I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215 1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6 Signature of the property owner County of Date a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20_, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev16Nov2009 Page 4 of 4 Permit SW8070407 County Onslow, Region Wilmington Compliance Inspection Report Effective 04/13/07 Expiration Owner Rmico LLC Project The Palms Professional Center 912 N Marine Blvd Contact Person Ray E McCotter Title Directions to Project From intersection with NC 24 go 0 9 miles North East on US 17 to project on right Type of Project State Stormwater - HD - Detention Pond Dram Areas 1 - (Sandy Run Branch) (03-05-02) ( SC,NSW) On -Site Representative(s) Related Permits Inspection Date 07121/2010 Entry Time 0100 PM Primary Inspector Christopher Baker Secondary Inspector(s) Reason for Inspection Other Permit Inspection Type State Stormwater Facility Status ■ Compliant Q Not Compliant Question Areas M State Stormwater (See attachment summary) Jacksonville NC 28546 Phone 252-671-2442 Exit Time 01 30 PM Phone Inspection Type Stormwater Page 1 Permit SW8070407 Owner -Project Rmico LLC Inspection Date 07121/2010 Inspection Type Stonnwater Inspection Summary I.r_ �........ Reason for Visit Other Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ■ ❑ Cl ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ Q ❑ Copy of the recorded deed restrictions is in the file? ❑ ■ Q ❑ Comment 1 A portion of the property was sold to Robert Gasperson, who is the new applicant Once Mr Gasperson receives the permit, deed restrictions will be recorded Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWO ❑ ❑ ❑ ■ upon request? Comment Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ❑ Comment Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection9 ❑ ❑ ❑ ❑ Comment SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment Page 2 PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P O Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 . Fax (910) 455-3441 Firm License Number F-0108 April 21, VIA MAIL DELIVERY Ms Linda Lewis Environmental Engineer III NCDENR, Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE The Palms Professional Center Onslow County, NC SW8 070407 Permit Transfer / Name Change Dear Ms Lewis By way of this letter we are submitting the Name/Ownership Change Form to transfer stormwater permit SW8 070407 from RMICO, LLC (Ray McCotter, Managing Member) to Gasperson, Inc (Robert Gasperson, President) We are also requesting to change the project name from The Palms Professional Center to The Gasperson, Inc Property We will be submitting a permit modification to change the project from a single high density commercial development to a high density commercial subdivision upon approval of the transfer If you have any questions or need any additional information, please contact me Sincerely, PARKER & ASSOCIATES, INC )MSA -Z- '74 4 Jonathan L McDaniel, E I Enclosure xc Robert Gasperson (w/paperwork) Ray McCotter (w/paperwork) CF (P), LAM JLM/avk cl 1LM Lewis ThePalms 4 21 10 EMAIL ADDRESS TENT MESSAGES TO panextnA bizec rr com MAPS AND PLANS TO paidra6(albizec rr com ♦ ENVIRONMENTAL ENGINEERING ♦ STORMWATER, WATER AND WASTEWATER SYSTEMS ♦ FEASIBILITY AND DEVELOPMENT CONSULTING ♦ GLOBAL POST r10NING SURVEYS ♦ SUBDIVISION AND CONSTRUCTION PLANS A. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director April 12, 2010 Mr Robert Gasperson Gasperson, Inc PO Box 798 Swainsboro, NC 28544 Subject Request for Stormwater Permit Transfer The Palms Professional Center Stormwater Protect No SW8 070407 Onslow County Dear Mr Gasperson Dee Freeman Secretary It has come to the attention of the Division of Water Quality that you are the current owner of a 3 08 acre tract of land at 912 N Marine Boulevard, Jacksonville, NC, identified on Tax Map 425 & 426 Parcel 4 &59 2, PIN #437719616942 and #437719625008, Deed Book 1388 Page 293, Map Book 44, Page 122 This property was previously owned by Ray E McCotter and is covered by a Coastal State Stormwater Management Permit, issued to Mr McCotter on April 13, 2007 It is the Division's understanding that you have subdivided the property into 3 outparcels and sold off one of the parcels The stormwater permit required Mr McCotter to notify the Division prior to the sale or subdivision of the property in order to get the permit transferred to the new owner The Division had been contacted by the consultant for O'Reilly Auto Parts, Mr Gareth Avant of McKim and Creed Engineers, who was inquiring how to go about getting the auto parts store permitted to use the wet detention pond that was constructed to serve Mr McCotter's original development At this time, the Division is requesting that you sign the Name/Ownership Change form that Mr McCotter will be forwarding to you and that you submit a permit modification request as soon thereafter as possible to address the change from a single commercial development to a commercial subdivision development Please note that it is a violation of NCGS 143-215 to operate a treatment system prior to receiving the required permit to do so Additionally, you should not subdivide and/or sell any more lots from this tract before securing the necessary coastal stormwater management permit Thank you in advance for your cooperation in this matter If you have any questions, please do not hesitate to contact me at (910) 796-7215 or email me at India Iewis(a)ncdenrgov Sincerely,, Linda Lewis Environmental Engineer III GDS/arl S\WQS\STORMWATER\LETTERS\2010\070407 apr10 cc Gareth Avant, McKim and Creed Ray E McCotter Onslow County Building Inspections Linda Lewis Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 20041 Customer Service 1 877-623 6748 1��One t,, 1 1� OTthCarobna. Internet wwwncwaterqualliyorg Naturally An Equal Oppodumty \ Affumative Action Employer L K((i PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P O Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax (910) 455-3441 Firm License Number F-0108 VIA MAIL DELIVERY Ms Georgette Scott Stormwater Supervisor NCDENR, Division of Water Quality 127 Cardinal Dnve Extension Wilmington, NC 28405-3845 M01 Dear Ms Scott Apn18, 2010 The Palms Professional Center Onslow County, NC SW8 070407 Notice of Violation We are writing to you in response to the Notice of Violation dated March 30, 2010 for the above referenced, project -The stormwater permit for The Palms was issued on Apnl 13, 2007 to Mr Ray McCotter In December of 2008, Mr McCotter sold the property to Gasperson, Inc (Robert Gasperson - president) without transfemng the stormwater permit Mr Gasperson, who doesn't intend to build the professional center, was then approached with an offer to purchase a portion of his property Unaware of the processes and procedures of stormwater permitting, he subdivided his lot and sold one of the outparcels to O'Reilly Auto Parts Though the stormwater pond has been certified and will eventually serve all outparcels, it remains unclear what the current owner plans to do with the property We are currently working with Mr Gasperson, and will assist him with permitting once it is decided what will be done with the property We appreciate your cooperation in this matter, and if you have any questions please call me at 910-455-2414 Sincerely, PARKER & ASSOCIATES, INC Jonathan L McDaniel, E I xc Mr Ray McCotter r Mr RobertGasperson Ms Pat Donovan -Potts CF (P), LAM JLM/avk cl Scott T iePalms Itr 4 8 10 EMAIL ADDRESS TFXT MESSAGES TO partextabizec rr com MAPS AND PLANS TO paidraftnbucc rr com 4 ENVIRONMENTAL ENGINEERING ♦ STORMWATER, WATER AND WASTEWATER SYSTEMS i FEASIBILITY AND DEVELOPMENT CONSULTING 4 GLOBAL POSITIONING SURVEYS ♦ SUBDIVISION AND CONSTRUCTION PLANS North Carolina Secretary of State Page 1 of 1 �"''" "^y North Carolina fir : � '•. k 1t ' r Elaine F Marshall DEPARTMENT OFTriE ` = Secretary SECRETARYOFSTATE +'„-,,, .r PO Box 29622 Raleigh NC 27626-0622 (919)007 20DO orporations Home C earth By Corporate Name Vi earth For New B Dissolved earth By Registered Agent mportant Notice esale of Tickets Onhne orporatons FAQ omeowners' Association FAQ tobacco Manufacturers Unincorporated Non Profits B Dissolution Reports Non Profit Reports Verify Certification nine Annual Reports LINKS a LEGISLATION BBE 82B Annual Reports OSID Number Correction 001 Bill Summaries 1999 Senate Bills nnual Reports 1997 orporahons 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept of Revenue ONLINE ORDERS tart An Order ew Payment Procedures TOOLS ecretary of State Home ecretary of State Site Map Printable Page Date 4/8/2010 ck here to ew Document Filings I Sign Up for E Notifications I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I rporation Names Name Name Type NC Gasperson, Inc Legal siness Corporation Information SOSID 0057824 Status Current Active Date Formed 6/28/1977 Citizenship Domestic State of Inc NC Duration Perpetual gistered Agent Agent Name Gasperson Robert Registered Office Address 129 Freedom Way Midway Park NC 28544 Registered Mailing Address P O Box 798 Swainsboro NC 28584 Principal Office Address 129 Freedom Way Midway Park NC 28544 Principal Mailing Address P O Box 798 Swansboro NC 28584 Class Shares COMMON 100000 No Par Value http //www secretary state nc us/corporations/Corp aspx?Pitemld=5033951 4/8/2010 j(DomesticIj rq ® I� �i0 OOP I� ru m Puce a �=� ` fe 90 11 2 . g a1 Sk o cemnea Fee % _ S E3 O O Retum Recelpt Fee (Endorsoment Required) A n' NC %9 ^� Z b Restricted De irvory Fee p (Endorsement Required) r O c ru tL 0 Total Postage & Fees C Qo ,$ J o ncPrOr M1 o Sent To M4 CaO�+f ef—� -`91M LC O LL- - (l Bbeet o or PO Be. No Gty S le Z/Pa4 - --• -- - - - A%a« 2 Bern. I�IC 85�v1 - - - - - - UNITED STATES ROSTAL SERVICE,, ✓'��f 1 ,'4L °._a/'ai^�..I .L lILN Ti'. � � i;. e Sender Please print your name, address, and ZIP*4-inrl ils box NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 PQImS--J1raG. GTK— S w S 0l O q-D "1 ■ Complete Items 1, 2, and 3 Also complete Item 4 If Restricted Delivery Is desired ■ Print your name and address on the reverse so that we can return the card to you ■ Attach this card to the back of the mailpiece, or on the front if space permits 1 Artwa, 4ddressed to �aj Vl CCo44e 'R M=CO, LLC T.O. Box Iz6z3 New �3er nc iry address dMerent from Item 17 4-1 Yes enter delivery address below ❑ No 3 Service Type q3 erhfied Mad ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C O D 4 Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number ' ' - — - ' " ---i (rranslar from service laben f 7007 0220 0000 8222 7108 1 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02 W1540 FAIF North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H Sullins Governor Director March 30, 2010 CERTIFIED MAIL# 7007 0220 0000 8222 7108 RETURN RECEIPT REQUESTED Ray E McCotter RMICO, LLC PO Box 12623 New Bern, NC Member/Manager 28561 Subject NOTICE OF VIOLATION The Palms Professional Center Stormwater Permit No SW8 070407 Onslow County Dear Mr McCotter Dee Freeman Secretary On March 29, 2010, staff of the Wilmington Regional Office was advised that the protect area of The Palms Professional Center, located at 912 N Marine Boulevard, Jacksonville in Onslow County, North Carolina, has been subdivided and sold to O'Reilly Auto Parts A subsequent file review was performed to determine the status of compliance with Stormwater Permit Number SW8 070407, issued to you on April 13, 2007 The protect has been found in violation of Stormwater Permit Number SW8 070407, issued pursuant to the requirements of 15A NCAC 2H 1000 The violations found are Section II 10 (e) — Failure to submit a permit modification and receive approval for revised plans prior to the subdivision of the protect into three outparcels and prior to the sale of one of those outparcels 2 Section II 9 — Failure to maintain access to the permitted stormwater facility You are required to provide access to the facility via appropriate easements The sale and subdivision of the property into outparcels will require easements on the property to maintain access To correct these violations you must Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before April 30, 2010 Submit a complete permit modification application package to modify the permit to accommodate the change in the protect type to a commercial subdivision Appropriate deed restrictions which limit the BUA need to be placed on each outparcel or lot prior to the sale of any outparcel or lot Show the outparcel / lot property lines and the required access / drainage easements on the new plans to be submitted with the required modification, to demonstrate that access to the stormwater facility has been maintained Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone 910-796 72151 FAX 910 350-20041 Customer Sennce 1-877-623-6748 Internet w nmaterquahty org An Equal Opponumly 1 Atfrmahve Acbon Employer NorthCarolina Aaturally March 30, 2010 The Palms Professional Center Stormwater Permit No SW8 070407 Please note that the pond was certified by the consultant, M J Klinker, P E , on June 26, 2009, as being in substantial compliance with the permit Failure to provide the 'Plan of Action" by April 30, 2010, or to correct the violations by the date designated in the 'Plan of Action", are considered violations of 15A NCAC 2H 1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215 6A By copy of this letter to the Onslow County Building Inspector, this Office is requesting that the Building Inspector consider withholding all building permits and Certificates of Occupancy for this protect until this matter is satisfactorily resolved If you have any questions concerning this matter, please call Linda Lewis at 910-796- 7215 Sincerely, ,r Georgette Scott Stormwater Supervisor Division of Water Quality GDS\arl S \WQS\STORMWATER\NOTICE\070407 mar10 cc Parker and Associates Onslow County Building Inspections Pat Donovan -Potts, Stormwater Administrator, City of Jacksonville John Hennessy Georgette Scott WRO Stormwater File DWQ Central Files Page 2 of 2 Lewis,Lmda From Lewis, Linda Sent Monday, March 29, 2010 4 44 PM To Merritt, Katie, Menard, Brenda Cc Scott, Georgette Subject FW O'Reilly Auto Parts - Jacksonville, NC SW8 070407 Hi ladies I wasn't quite sure about who to contact for this question, so I'll send it to both of you Please forward this message to whomever else you think can take care of this situation The situation is an applicant RMICO, LLC, (LLC ID number 0701579) Ray E McCotter, who received a high density permit for a single commercial development in 2007, permit number SW8 070407 Apparently, the permittee constructed and certified the permitted BMP, but„as I just found out earlier today, has since abandoned the project without building any of the permitted built -upon area I also found out that the permittee has subdivided the original 3 acre tract into 3 individual outparcels and sold off one of them — all in direct conflict with the permit conditions, without any notification to DWQ and without a permit modification I do plan on sending Mr McCotter an NOV about subdividing and selling off without the proper permit mod, but just in case he doesn't respond The SOS appears to have this LLC set for administrative dissolution I'd like to get that dissolution placed on hold, if possible, until this matter with the permit can be cleared up Thanks, Linda Please note my new emai I address is Linda Lewis@ncdenr gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Lewis,Lmda Sent, Monday, March 29, 2010 1 20 PM To- 'Gareth Avant' Subject, RE O'Reilly Auto Parts - Jacksonville, NC SW8 070407 Gareth We've got no record of a permit modification from the permittee (Ray McCotter RMICO, Inc ) to subdivide the property The pond has been certified, but nothing else At this point, the current permittee will need to modify the permit to show the subdivision of the property, and place deed restrictions on each one for the amount of BUA that it can have The pond is designed to treat 73,990 sf of BUA, but the permittee is going to have to be the one to "divvy it up" between the created outparcels If Mr McCotter has sold the project, in whole or in part, then he is still responsible for submitting the name/ownership change form to get the permit transferred to the new owner Once we issue the modified permit and have a copy of the recorded deed restrictions, we can then issue "offsite permits" for the outparcels No offsite permits can be issued until the "Master" permit is modified and/or transferred to a new owner Please note that Mr McCotter is currently on Notice from the NC SOS for failing to submit an annual report and is currently under consideration for administrative dissolution pending timely receipt of that report I am going to contact our AG person to make sure dissolution is not allowed to occur until this matter is resolved Linda Please note my new email address is Linda Lewis@ncdenr gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Gareth Avant [mailto GAvant@mckimcreed com] Sent, Monday, March 29, 2010 12 11 PM To: Lewis,Linda Subject: RE O'Reilly Auto Parts - Jacksonville, NC Hi Linda, I was able to track down the permit (attached) for the stormwater pond in question It appears that the pond was designed for a different development which was never built However, the pond was built Subsequently, the parcel was subdivided, and now we are proposing a development on a portion of the site The pond will serve as a regional pond for these smaller parcels Our new parcel is approximately 40,080 sf of the initial 121,792 sf and our impervious area is 28,053 sf of the approved 73,980 sf From our standpoint, what do we need to do to ensure that our development can be built on the site under the approved permit Thank you for your time Gareth From. Lewis,Linda [mailto linda lewis@ncdenr gov] Sent: Wednesday, March 17, 2010 5 18 PM To, Gareth Avant Subject* RE O'Reilly Auto Parts - Jacksonville, NC Sorry Gareth, no luck on the owner Neither he nor the corporation are associated with any stormwater permits in Onslow County, at least not on our database Linda Please note my new email address is Linda Lewis@ncdenr gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From. Gareth Avant [mailto GAvant@mckimcreed com] Sent, Wednesday, March 17, 2010 4 09 PM To: Lewis,Linda Subject, RE O'Reilly Auto Parts - Jacksonville, NC The information I have on the landowner is Gasperson, Inc PO Box 798 Swansboro, NC 28584 From what we've been told, this person is the one who had that pond built The neighboring parcel to the south is what looks like a oil tanker/distribution company and the parcel to the north is also vacant and grassed From our existing survey, one pipe enters the forebay of the pond, but the upstream end was stubbed to the parcel to the north and capped so nothing enters besides the sheet flow from the existing site Unfortunately, I don't have a permit number I apologize that I don't have more good information We've asked our client if they have any of this information, but we haven't had any success on that end either If we are able to get a permit number or anything else that might be helpful, I will let you know Thanks -Gareth From: Lewis,Linda [mailto linda lewis@ncdenr gov] Sent: Wednesday, March 17, 2010 3 51 PM To. Gareth Avant Subject. RE O'Reilly Auto Parts - Jacksonville, NC Sorry Gareth, I can't help without more information We don't have the ability to look up projects by their street address Many times, street addresses aren't assigned at the time we receive an application I'd have to know the name of the land owner at the time, or a project name or a permit number Is there a car dealership (Marine Chevrolet or something like that) next door'? It might be that the pond was constructed to serve one or more or the adjacent lots What are the names of the adjacent businesses? Linda Please note my new email address is Linda Lewis@ncdenr gov Linda Lewis NC Division of Water Quality 127 Cardinal brave Ext Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Gareth Avant [mailto GAvant@mckimcreed com] Sent: Wednesday, March 17, 2010 3 34 PM To. Lewis,Linda Subject. O'Reilly Auto Parts - Jacksonville, NC Hi Linda, I have a question regarding an existing stormwater pond on a vacant site in Jacksonville, NC I spoke with Pat Donovan - Potts who suggested that I contact you as the pond was likely constructed under a DWQ permit, but we don't know how long ago The site address is 912 N Marine Boulevard in Jacksonville Our client is looking to construct an O'Reilly Auto Parts retail store on the existing site, but we don't have any information on the pond design and were hoping that you could provide some insight It appears that a pond was designed and built for the future sale of the parcels, but no buildings have ever been constructed on the site Our new impervious area is around 28,000 sf and we want to ensure that we are below any permitted areas as we move forward Please let me know if I can provide any additional information for you Thank you for your help Gareth Avant, PE, LEED AP Project Engineer McIQM&CREED ENGINEERS SURVEYORS PLANNERS 1730 Varsity Drive, Suite 500 Raleigh, NC 27606 919 233 5261 x180 (919) 233-8031 fax htto //www mckimcreed corn Follow us on YouTube I twitter I facebook I Linkedln -,`A Please consider the environment before pnnbng this e-mail This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed If you have received this e-mail in error please notify the system manager Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company Finally, the recipient should check this e-mail and any attachments for the presence of viruses The company accepts no liability for any damage caused by any virus transmitted by this e-mail This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed I£ you have received this e-mail in error please notify the system manager Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company Finally, the recipient should check this e-mail and any attachments for the presence of viruses The company accepts no liability for any damage caused by any virus transmitted by this e-mail This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed If you have received this e-mail in error please notify the system manager Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company Finally, the recipient should check this e-mail and any attachments for the presence of viruses The company accepts no liability for any damage caused by any virus transmitted by this e-mail E Elaine F Marshall SECRETARY OF STATE March 12, 2010 RMICo,LLC Ray McCotter, Agent P O Box12623 New Bern, NC 28561 ocenany� �m� >v b � €w State of North Carolina Department of The Secretary of State Chen L Myers DRiECTOR OF CORPORATIONS NOTICE OF GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF RMICo , LLC Recently, this office conducted an internal review of the annual reports filed for all Limited Liability Companies in North Carolina Unfortunately, the review indicates that the above referenced limited lability company is not in compliance with the North Carolina Limited Liability Company Act and is delinquent in delivering one (1) annual report(s) The Secretary of State is authorized by N C G S 57C-6-03 to admimstratively dissolve a limited liability company if one or more grounds for dissolution exist Please note that while the dissolution process has not yet been concluded, this Notice is the first step of the dissolution process In order to prevent administrative dissolution, the limited liability company must file the appropnate annual report(s) within sixty (60) days from the date of this Notice Determmine Annual Reports Due You may view a listing of annual reports previously submitted to the Secretary of State's Office by clicking the link to the Corporations Division web pages at wcvw sosnc corn You will need to search for your company by name, then click "File Annual Report Online " This will bring you to a listing of annual reports submitted From this page you will be able to see if an annual report was submitted but not filed due to an error which to date has not been corrected and/or determine how many annual reports are required to become compliant The due date for filing a Limited Liability Companys annual report is on or before April fifteenth of each year the entity is of record Online Filing Utilve the above referenced link to the entity profile page then click on "File an Annual Report" at the top of the page and follow the directions The Fee is $202 00 Paper Filing You may also print a pre -populated form from the same ircb page by clicking "Print a pre -populated annual report form " If there are any changes, cross out the old information and enter the correct information, then mad the report and fees to the Corporations division at the address on the bottom of the form The fee is $200 00 If you have any concerns or experience any technical difficulty with the filing process, please contact our staff at (919) 807-2225 Respectfully, The Corporations Division PO BOX 29622 RALEIGI I, NOR 1 I I CAROLINA 27626-0622 PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P O Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax (910) 455-3441 LETTER OF TRANSMITTAL TO Ms Linda Lewis NCDENR — Division of Water Quality 127 Cardinal Drive Extension shaping HorfxonS x ^ r p� t o 1_XI hPt J DATE. June 29, 2009 REF. The Palms Professional Center Wilmington, NC 28405-3845 WE ARE SENDING YOU JUN 9 0 2009 One (1) original Designer's Certification BY DELIVERY VIA ® Regular Mail ❑ UPS Overnight ❑ Hand ❑ UPS Ground THESE ARE TRANSMITTED AS CHECKED BELOW ❑ For Approval ❑ For Your Use COMMENTS• ❑ As Requested ❑ For Bids Due Other Stormwater Certification ❑ Federal Express ❑ Other ❑ For Review and Comment PE Copies To Mr Ray McCotter (w/enclosure) MJK/avk CF (P), LAM, RCM (if enclosures are not as noted, kindly notify us at once) c I MJK LO f Lewis PalmsProfessionai 6 29 09 EMAIL ADDRESS TEXT MESSAGES TO nartext(a)bizec rr com MAPS AND PLANS TO paidraflna,bizec rr com ♦ ENVIRONMENTAL ENGINEERING f STORMWATER, WATER AND WASTEWATER SYSTEMS 4 FEASIBILITY AND DEVELOPMENT CONSULTING ♦ GLOBAL POSITIONING SURVEYS 4 SUBDIVISION AND CONSTRUCTION PLANS