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HomeMy WebLinkAboutSW8941017_HISTORICAL FILE_20071129STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 OH I0I-1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ILO 01112o1 YYYYMMDD O' W A Tfq O Y November 29, 2007 John P. Graham Landfall Ventures LLC 100 Europa Dr., Suite 19D Chapel Hill, NC 27517 Subject: Stormwater Permit No. SW8 941017 Landfall Shopping Center High Density Project New Hanover County Dear Mr. Graham: Michael F Easley, Governor William G Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H Sullins, Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Landfall Shopping Center on August 7, 2007. 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 941017 dated November 29, 2007, for the construction and continued operation of the subject project. This permit shall be effective from the date of issuance until November 29, 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 Note that the reissuance of this permit corrects the permitted square feet of impervious area to 696,960 from the previously Incorrect 606,847. The reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B 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 Aisha Lau, or me at (910) 796-7215. Sincerely, -,4wo'c'.0b Edward Beck Regional Supervisor Surface Water Protection Section ENB/ahl S.\WQS\STORMWATER\PERMIT\941017Ren.nov07 cc: New Hanover County Building Inspections City of Wilmington Development Services Beth E. Wetherill, New Hanover County Engineering Wilmington Regional Office Central Files 0. NehCarolma ill aturaU� North Carolina Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Internet h2o.enrstate nc us An Equal Opponunity/Aff rmative Action Employer — 50% Recycled/10 % Post Consumer Paper Phone (910 796-7215 Customer Service FAX (919)350-2004 1-877-623-6748 State Stormwater Management Systems Permit No. SW8 941017 Renewal 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 Landfall Ventures LLC Landfall Shopping Center New Hanover County �Yi]:igCl� construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 29, 2007, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 696,960 square feet of impervious area. 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. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 941017 Renewal N The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, 9cres: Onsite, ft : Offsite, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, W: Temporary Storage Elevation, FMSL: j. Controlling Orifice: k. Receiving Stream/River Basin: I. Stream Index Number: M. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 17.8 775,368 0 696,960 1 5.5 85% 19.5 33,582 61,476 at temporary pool el 21.2 YO pipe Bradley Creek / Cape Fear 18-87-24-4-(1) "SC HQW" 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. Mowin.9 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. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 941017 Renewal 5. 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. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. 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. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 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. 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. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 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 Page 4 of 7 State Stormwater Management Systems Permit No. SW8 941017 Renewal 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. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 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. 3. 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. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. 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. 6. 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. 7. 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. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 29th day of November, 2007. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for C:oleen H. SulliMs, Uirector Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 Michael F. Easley, Governor William Ross lr,Secretary North Carolina Department of Environment and Natural Resources Colcen H Sullins, P.E. Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: VA/ 89¢/0/7 2. Permit Holder's Name: 3. Signing official's Name: 4. Mailing Address: /OD City: Phone: (If� 9/ -//do Ferro%N State: Zip: Fax: (1/1 9L1-79/3 11. NEW OWNER / PROJECT / ADDRESS INFORMATION: This request is for: (please check all that apply) �a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): New owner's name to be put on permit: LAa.A/fitl/ /�l+run5 GG C New owner's signing official's name and title: —Vo o 1� - Title: �c cc . V A - IAP*A f AA -MI", 4. • New Mailing City: State: Phone: ( ) Fax: ( New Project Name to be placed on permit: Page 1 of 2 Zip: N�am�`ItCarolina �vaturn//y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet. wwwncwateroualnvore Fax (910)350-2004 1-877-623-6748 N PERMIT NAMEIOWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. ✓ This completed form. 2. ,/Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit\or R6cof D iF 4. The designer's certification, if required by the permit. e�EgvieE IJ 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. N/A 6. ✓ Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND TA—E-9 W APPLICANT IN THE CASE OF A C ANITOE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current rmittee's Certification: I, 6/�Q LCT1-olt� , attest that this application for a name/ownership change has beeh reviewed and 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 New Applicant's Certification: (Must be completed for all transfers of ownership) I, �laha f! el, attest that this application for an ownership change has been r viewed and is accurate and complete to the best of my knowledge. 1 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 Date: 23 0 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 JUL 3 01007 Page 2 of 2 1 wA TF40' REr-,z'IV D ° reed ; AUG �41 14� �2007 f)d , : 420.0Z) //'�'� Michael I' Easley, Ciuv enun ,sW g q 101 � William G Ross It , SectctarN North Carolina I epanntent or Environment and Natural RCIOmLCs C01MI If Sullins Director Division of Witter Qrmlily SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT RENEWAL APPLICATION FORM CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: SW8 permit number 2. Permit Holder's name: G_~TRW/ /1G1TitiKS ✓,Lc� _ __ (coyy, padtrprs�hi ��cor�o�ration, LLC, or individual 3 Signing official's name cro///1 / � Title: aaee/�/// (person legally res onsible for p rmit) C It ('ftGl//Cf Fi-r�/ 4. Mailing address: w0 . l /90 Y Stater ZipCode: 2_7S7 Phone:%/1-'?/3 . //oo FAX - (Area Code and Number) (Area Code and Number) 5. Project Name Lars/ / / c�fU 6. Location of Project (street address) /,r/ilnr/�4�o� NG ZBSWoS� 7 Directions to Project (from nearest major intersection) II. PERMIT INFORMATION 1. Specify the type of stormwater treatment (wet pond, infiltration, etc) �/�� PO^d 2. List any changes (from project that was originally approved, attach additional pages if needed) / `' �• 3. Do you have a copy of the original Operation and Maintenance Agreement? ❑Y E V Applicant's C rtification: I, (print) certify that the information included on this permit renew pli at�n, is to the best of my knowledge, correct and complete. Signature: Date. &s 6 21 Zoo? Submit this completed form along with an application fee of $420.00 and a copy of the designer's certification to the address listed below. ,Wy ,, NorthCta u ulin ,Nrrtnrywy North Carolina Division or Water Quality 127 Cardinal Drive Extension Wilmington, NC 2g405 Phone (910) 796-7215 Customer Service Wilmington Regional Olfice Internet seww nK%ratciynnIrI mg Fax (910)350-2004 1-877-623-6749 An Equal Opponundy/Affirmative Action Employer - 50%Recycled110%Post Consumer Paper 11ll., If., August 24, 2007 Mr. John P. Graham Landfall Ventures LLC 100 Europa Drive Suite 190 Chapel Hill, NC 27517 Subject: Request for Additional Information Stormwater Permit No. SWS 941017 Fine Feathers @ Landfall Center New Hanover County Dear Mr. Graham: Michael F. Easley, Governor William G Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen n. Sullins Director Division of Water Quality i�Cn,�kV�� AUG 3 0 1007 By_ The Wilmington Regional Office received a Stormwater Management Permit Application Form and Operation and Maintenance Agreement for Fine Feathers on 8/7/07. A preliminary review of that information has determined that the application is not complete. Only the following checked information is needed to continue the stormwater review: ❑ Permit Renewal Application. A Permit Renewal Application Form is enclosed for your convenience. ❑ Operation and Maintenance Agreement. Original signatures must be on the operation and maintenance agreement. The operation and maintenance agreement received by this office appears to be a copy. ® A signed Operation and Maintenance Agreement. Page 1 of the operation and maintenance agreement received by this office was not filled out. Page 1 of the Operation and Maintenance Agreement is attached. We will retain Page 2 with the signatures pending receiving Page 1. ❑ Name/Ownership Change Form. The enclosed Name/Ownership Change Form that you submitted as a part of the Stormwater Management Permit Renewal Application Package must be signed by both the Current Owner and the New Owner. The application you submitted was only signed by the CURRENT OR NEW OWNER. ❑ Designer's Certification. This office has not received a Designer's Certification for the Stormwater Management System associated with your facility. Systems that are certified on or after the date of this letter will need to have the original signature of the certifying person. A Designer's Certification Form is attached for your convenience. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to September 15, 2007. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised are enclosed. All original documents must be returned or new originals must be Qc�t,Carolina provided. Copies are not acceptable. �vatara!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterguality.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/10 % Post Consumer Paper You should be aware that failure to provide the requested information and the operation of a stormwater treatment facility without a valid permit are violations of NC General Statute 143-215-1 and may result in appropriate enforcement action including the assessment of civil penalties. If you have any questions concerning this matter please feel free to call me at (910) 796-7215. Sincerely, Rhonda Hall Environmental Engineer ENB/rbh: S:AWQS\STORMWA"CER\RENEWALS\ADDINFO\2007\SW8941017 cc: Rhonda Hall Wilmington Regional Office ��_ ____ - _ ...__.. �.�.. -- 1 _-. .� , �i \ �/ �t �� i I ,li � � � ��, l��r�,r I Il{1 .I hr,f,,� i, �� i �:� N' i:_Nk.::. "LcekNazcr 127 Carditr 1 OGsc �x'rr,�icr Wdm:nalon NC'-BsGt Sig 91-1 to / % kvk \sic John P. Cirailau: y4AS Posr.� Ao e 3 9 ma 3 NIN[Y BOWES 02 to $ 00.4 ,O 110 0004337146 AUG10 2007 MAILED FROM ZIPCODE 28405 1(10 Lump-- Pave Chap-.1 !!"i' \ NIXIE 276 CE 1 00 08/.21/07 RETURN TO SENDER INSUFFICIENT ADDRESS_ UNABLE TO FORWARD BC: 2940SS40627 *2eS4-10099-10-31 r \o�DF WATF,� 7 > 1 O � August 9, 2007 Mr. John P. Graham Landfall Ventures LLC 100 Europa Drive Chapel 1-fill, NC 27517 Subject: Request for Additional Information Stormwater Permit No. SW8 941017 Fine Feathers @ Landfall Center New Hanover County Dear Mr. Graham: Michael F Easley, Governor William G. Ross Jr. Secretary North Carolina Department of Environment and Natural Resources Coleco II. Sullins Director Division of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application Form and Operation and Maintenance Agreement for Fine Feathers on 8/7/07. A preliminary review of that information has determined that the application is not complete. Only the following checked information is needed to continue the stormwater review: ❑ Permit Renewal Application. A Permit Renewal Application Form is enclosed for your convenience. ❑ Operation and Maintenance Agreement. .Original signatures must be on the operation and maintenance agreement. The operation and maintenance agreement received by this_;Mce appears to be a copy. ® A signed Operation and Maintenance Agreement. 'Page One ofthe operation and maintenance agreement received by this office was not tilled out. The Operation and Maintenance Agreement which you submitted with the signatures on Page Two is attached. ❑ Name/Ownership Change Form. The enclosed Name/Ownership Change Form that you submitted as a part of the Stormwater Management Permit Renewal Application Package must be signed by both the Current Owner and the New Owner. The application you submitted was only signed by the CURRENT OR NEW OWNER. ❑ Designer's Certification. This office has not received a Designer's Certification for the Stormwater Management System associated with your facility. Systems that are certified on or alter the date of this letter will need to have the original signature of the certifying person. A Designer's Certification Form is attached for your convenience. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 30, 2007: If you need additional time to •submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. Please reference the State assigned project number on all correspondence Any origiral documents that need to be revised are enclosed. All original documents must be returned or new originals'must,be NorthCarollna provided. Copies are not acceptable. lVntttrnllJ North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www ncwatcruuahty ore Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50 % Recyc1ed110% Post Consumer Paper You should be aware that failure to provide the requested information and the operation of a stornnwater treatment facility without a valid permit are violations of NC General Statute 143-215-1 and may result in appropriate enforcement action including the assessment of civil penalties. If you have any questions concerning this matter please feel free to call me at (9) 0) 796-7215. Sincerely, ` "'L.. �kj Rhonda ]-Tall Environmental Engineer ENB/rbh: S:\WQS\S'I'ORMWATER\RENEWALS\ADDINFO\2007\SW8941017 cc: Rhonda Hall Wilmington Regional Office i. �. � i .1� ;1 I':�. � �l F..i. Iv ',I:.. .:.t ii•J.t?5� .J i ,j!1:L;L�Jii i'1 ); •: f�U .. a ..I qi_ Or, ays :i asd nwi: ;,i•. • ';: o bsnQ t , �G . t; t r u .' 1d_�:%'V'l.( Zotl f'n. �''=1..J'S`!'9.�.i INAIG ow `em :(a Michael 1' Easley, Governor William G Ross Ir, Secretary North Carolina Department of Environment and Natural Resources Coleco H Sullins Director Division of Water Quality July 30, 2007 Mr. John P. Graham Landfall Ventures LLC 100 Europa Drive Chapel Hill, NC 27517 Subject: Request for Additional Information Stormwater Permit No. SW8 941017 Fine Feathers @ Landfall Center New Hanover County Dear Mr. Graham: The Wilmington Regional Office received a Stormwater Management Permit Name/Ownership Change Form for Fine Feathers on 7/30/07. A preliminary review of that information has determined that the application is not complete. Only the following checked information is needed to continue the stormwater review: ® Permit Renewal Application. A Permit Renewal Application Form is enclosed for your convenience. ❑ Operation and Maintenance Agreement. Original signatures must be on the operation and maintenance agreement. The operation and maintenance agreement received.by this office appears to be a copy. ® A signed Operation and Maintenance Agreement. The operation and maintenance agreement received by this office was not filled out. An Operation and Maintenance Agreement Form is attached for your convenience. ❑ Name/Ownership Change Form. The enclosed Name/Ownership Change Form that you submitted as a part of the Stormwater Management Permit Renewal Application Package must be signed by both the Current Owner and the New Owner. The application you submitted was only signed by the CURRENT OR NEW OWNER. ❑ Designer's Certification. This office has not received a Designer's Certification for the Stormwater Management System associated with your facility. Systems that are certified on or after the date of this letter will need to have the original signature of the certifying person. A Designer's Certification Form is attached for your convenience. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 25, 2007. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which yoil expect to submit the required information. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised are enclosed. All original documents must be returned or new originals must be No.r hcurohna provided. Copies are not acceptable. oA�aturnUy ,North Carolina Division of Water Quality 'A 27 Cardinal Drive Extension .- Wilmington, NC 28405 Phone (910) 796-7215 Customer Service (Wilmington Regional office Internet wwrencwatergualn .org Fax (910) 350-2004 1-877-623-6748 An Equal OpportumtylAffirmative Action Employer - 50% Recycled110 % Post Consumer Paper You should be aware that failure to provide the requested information and the operation of a stormwater treatment facility without a valid permit are violations of NC General Statute 143-215-1 and may result in appropriate enforcement action including the assessment of civil penalties. If you have any questions concerning this matter please feel free to call me at (910) 796-7215. Sincerely, Rhonda Hall .Environmental Engineer ENl3/rbh: S:\WQS\STORMWATER\RENEWALS\ADDfNFO\2007\SW9941017 cc: Rhonda Hall Wilmington Regional Office 07/25/07 WED 14:32 FAX 9108626171 MOORE & MAYNARD R001 NORTH CAROLINA LAKE MANAGEMENT TOM RIEL Post Office Box 476 Elizabethtown, North Carolina 28337 910-862-2424 FAX COVER SHEET Date: July 25, 2007 Sent To: Landfall Executive Suites Attn. : Jack Graham Number: 919-929-7913 Total ages including cover sheet 4 From Tom Riel NC Lake Mana eg ment JUL 3 p 1997 o f \\N A FF' Michael F. Easley, Governor �� OG RECEIVED q p�7Y"G�✓ William G. Ross Jr, Secretary JUL.� �r U LOW North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E Director Division of Water Quality July 11, 2007 Mr. John Graham Frank H. Kenan Estate P. O. Box 2729 Chapel Hill, NC 27515 Subject:: Stormwater Permit No. SW8941017 Fine Feathers @.Landfall Center New Hanover County Dear Mr Graham: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8941017 to the Frank H Kenan Estate for a High Density pond to serve Fine Feathers @ Landfall Center on 12/18/1996. This permit expired on 12/18/2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to'the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to cont t staff In the stormwater group at 910-796-7215. Sinc y, 3�v Ed Beck, Regional Supervisor, Surface Water Protection Section Wilmington Regional Office . Enclosures cc: Wilmington Regional Office North Carolina Division of Water Quality Internet www newaterguolirc ore 7�iOne /'� 127 Cardinal drive Extension Phone (910) 796-7215 1 V orthiCarolina Wilmington, NC 28403 Fax (910)350-2004 Naturally An Equal Opportunity/Afhnnative Action Employer- 50% Recyded110% Post Consumer Paper {tO{1L North Carolina Lake Management, Inc. The Algae and Aquatic Weed Control Company Jack Graham Landfall Executive Suites 100 Europa rrive, Suite 515 Chapel Hill, North Carolina 27515 Re: Lake Management Services Landfall Executive Suites Wilmington, North Carolina rear Mr. Graham: North Carolina Lake Management, Inc. has been managing the lake at Landfall Executive Suites since 1997 for algae, aquatic weed, and border grass control. Over the past ten years, our company has treated the lake on:a monthly basis for algae and aquatic weeds. curing this period of time, no fill-in has ever been observed. Growth of algae and aquatic weeds normally occur as the water temperature goes up and down. If you have any questions regarding the lake management services at Landfall Executive Suites, please contact me at 910-876-0139. Sincerely, Tom Riel North Carolina Lake Management, Inc. Enclosure: Original Aquatic Management Agreement P.O. Box 476, Elizabethtown, NC 28337 MXgpM) N (910) 862-2424 SCHELL BRAY AYCOCH. IiBEL & LIVINGSTON P.L.L.0 RECEIVED ATTORNEYS AND COUNSELLORS AT LAW JUN 03 1998 SUITE I500 RENAISSANCE PLAZA BY.---- 230 NORTH ELM STREET UL GREENSBORO, NORTH CAROLINA 27401 BRAXTON SCHELL DORIS R BRAY WILLIAM P. AYCOCK II MICHAEL R. ABEL PAUL H. LIVINGSTON. JR THOMAS C WATKINS DAN T. BARKER, JR. BARBARA R. CHRISTY JOHN A. McLENDON, JR. GREGORY M. CHABON JENNIFER L JOHNSON ERIC M BRAUN COUNSEL PAMELAD DUNCAN Ms. Linda Lewis Environmental Engineer N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 June 2. 1998 O\� MAILING ADDRESS P.O. BOX 21847 GREENSBORO,N C. 27420 TELEPHONE (336) 370-8BOO TELECOPIER (336) 370-8830 WRITER'S DIRECT DIAL NUMBER (336) 370-881 7 WRITER'S E-MAIL ADDRE55 JMCLENDON` SBAAL CO. Re: Recorded Deed Restrictio fall Center Expansion Storm Water Project N Q7 941017 odification; New Hanover County Dear Ms. Lewis: I am writing in response to your letter of May 28, 1998 to Mr. John Graham and the Frank H. Kenan Estate regarding the above -referenced matter. Pursuant to our telephone conversation of today, I enclose herewith copies of the following recorded documents: 1. Restrictive Covenants dated March 1, 1995 for Lot 5D of Landfall Center Section 1-A, which is recorded in Book 1859, Page 731, New Hanover County Registry. 2. Declaration of Restrictive Covenants for Out -Parcel Lots 5E, 5F and 5G of Landfall Center Section 1-A dated November 13, 1995, which is recorded in Book 1957, Page 100, New Hanover County Registry. As I mentioned, the Kenan Trust, as successor to the Kenan Estate, owns Lot 5B. Since Lot 5B has not been sold, no deed restrictions have been recorded for this lot with respect to the storm water permit requirements. If you deem it appropriate for us to go ahead and record such restrictions for Lot 513, we would propose to use wording similar to the relevant provisions contained in the enclosed, recorded documents. Ms. Linda Lewis June 2, 1998 Page 2 Please give me a call to let me know whether we should go ahead and record the restrictions for Lot 5B. Thank you for your assistance with this matter. Yours very truly, Aoi�A a AC "A-2� John A. McLendon, Jr. JAM/cay Enclosures c: John P. Graham State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality May 28, 1998 Mr. John Graham Frank H. Kenan Estate PO Box 2729 Chapel Hill, NC 27515 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Landfall Center Expansion Stormwater Project No. SW8 941017 Modification New Hanover County Dear Mr. Graham: On December 16, 1996, the Wilmington Regional Office issued a Stormwater Management Permit to you for Landfall Center Expansion. Per the requirements of the Stormwater Management Permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that a copy of the recorded deed restrictions limiting the outparcels to 90% of the lot area has not been received by this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your Stormwater Management Permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by June 28, 1998, or enforcement action may be initiated and may include recommendations for civil and criminal penalties and revocation of the Stormwater Management Permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, /� Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\DEEDREST\941017.MAY cc: Phil Tripp, P.E. Wilmington Regional Office Central Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer _ � d DEED RESTRICTION STATEMENT Lots 5B, 5D, and 5E at the Landfall Center shall be restricted to a maximum built - upon area of 90% of the gross area of the lots. Built -upon area shall be as defined in N.C. Administrative Code Section 15NCAC2H.100, Stormwater Runoff Disposal. The deed for each of these lots shall include a statement concerning the maximum built -upon area for the particular lot. Stormwater runoff.from Lots 5B, 51), and 5E shall be conveyed to the wet detention pond in the northeast portion of Lot 5A. CERTIFICATION certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information, and that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC 211.1003 (b). Owner's Signature Date I> a Notary Public for the State of County of do hereby certify that .�i� person ly appeared before me this /C2Y day, of 19±el. and acknowledges the due execution of the foregoing instrument. Witness my hand and official seal, O/' My commission expires: 6XI 17,/99� 07/25/07 WED 14:33 FAX 9108626171 MOORE & MAYNARD [in 003 �..c� I North Carolina Lake Management, Inc. P 1 The Algae and Aquatic Weed Control Company AQUATIC MANAGEMENT AGREEMENT 4- t This agreement, dated April 30, 1997, is made between NORTH CAROLINA LAKE. ( MANAGEMENT, INC. (NCLM) and the CUSTOMER: �,v���i� Landfall Executive Suites v -�o�' t aiien Olen �tC.>1'Ci jYyLC1 fl�lvm� �0 ,. 1213 Cu4Ursth Drives / O U �e Lu7�¢� ✓` /S Uuilmingtnn. North Carolina 28405/8 Both CUSTOMER and NCLM agree to thh"lowing terms and conditions: .f O�G�99 1. NCLM will provide aquatic mans ement services,on/beh9alf of the CUSTOMER for a period of one year. Mdy1W through Ate*l-a S, 6.e,- in accordance with the terms and conditions of this agreement at the following aquatic sites: Lake system: One (1) lake, as shown on original map, which consists of a shoreline perimeter of approximately 1,100linear feet, with 1.25 acres of surface cover, located at Landfall Executive Suites in Wilmington, North Carolina. 2. CUSTOMER agrees to pay NCLM the following amount during the term of this agreement for these specific lake management services: Algae and Aquatic Plant Control $ 59.00/Month Border Grass and Brush Control to Water's Edge Included Annual Water Chemistry Included Management Reporting Included Aquatic Chemicals Included TOTAL PROGRAM INVESTMENT $59.00lMont 3. Algae, aquatic weeds and shoreline grasses and brush will regularly be inspected each and every month, and treated as necessary. If any aquatic problems occur between these monthly treatments, the CUSTOMER Is encouraged to call NCLM immediately. NCLM agrees to visit the site with the aquatic problem as soon as possible, and treat the problem as necessary at no extra cost. P.O. Box 476, Elizabethtown, NC 28337 (919) 831-5039 (919) 862-2424 07/25/07 WED 14:34 FAX 9108626171 MOORE & MAYNARD Z 004 . t AQUATIC MANAGEMENT AGREEMENT Landfall Executive Suites Page 2 4. Schedule of payment: NCLM will bill the CUSTOMER at the end of each month for the $59.00 monthly maintenance fee. This shall be due and payable within thirty (30) days from date of billing. 5. The offer contained in this agreement is valid for thirty (30) days only, and must be returned to our office for acceptance within that period. 6. NCLM agrees to use only Environmental Protection Agency registered products approved for use in the State of North Carolina, that have been shown to present a wide margin of safety for fish, waterfowl and human life. 7. This agreement may be terminated by either party with thirty (30) days written notice, if service Is unsatisfactory. CUSTOMER agrees to pay for all services rendered by NCLM to date of termination of contract. 8. This agreement constitutes the entire agreement of NCLM and the CUSTOMER. No oral or written alterations of the terms contained herein shall be deemed valid unless made In writing and accepted by an authorized agent of NCLM and the CUSTOMER. n ORTH CAROLINA LAKE MANAGEMENT, INC. DATE TR/sh DATE SUITES