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HomeMy WebLinkAboutSW8950818_HISTORICAL FILE_20211112STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 C g I R DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 az 1 till YYYYMMDD Burd, Tina J From: Burd, Tina 1 Sent: Thursday, November 4, 2021 2:03 PM To: sarmstrong@kminc.net Subject: SW8 950818 - Landfall Center Lots 5F & FG The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on November 1, 2021. The project has been assigned to Ashley Smith and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 :L'•.,:n...wew�\ ,+ram✓ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Website: http://deo.nc.eov/about/divisions/enerev-minera l-land-resources/stormwater Based on the current guidance to minimize the spread of CO V ID-tq, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. Non -Transfer Application Completeness Review Checklist Project Name: CrL ITZ 6F 5G Project County/Location: - q EJ ,/ ML',Rd, , Permit Action: New New Permit #2: Not located in the ETJ of the following delegated Date Delivered to WIRO. 111 1 zo L RIMS Received/Accepted Date: 0 Lo 24 Date Given to Admin: Z2Z';�' BIMS Acknowledged Dates. (� and functioning programs: NHC. Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach Bruns: Leland / Navassa (7) / Oak Island Cart: Emerald Isle Onsk Jacksonville Pend: Surf City Major Mod / Minor Mod / enewal El Existing Permit #: r5� r7 9 cs 8g C) Applicant & Permittee are the same?3 Expiration Date°: 'L / Permit Type: / LD / LD Overall / HD &LD Combo General Permit / Offsite / Exempt + Redevelopment ElOffsite to SWB: Development Typ �,al / Residential / Other �Is Offsite Lot approved in Master Permit?s Subdivided?: ubdivi r Single Lot Rule(s): �2017 Coastal FT008 Coastal ®1995 Coastal Phase II Universal ID1988 Coastal Permittee Type & Documents Needed: mProperty Owner(s) MPurchaser Lessee [_]HOA Developer I QViable? Viable? OViable? Viable? LQViable? 10Deed Purchase Agmt Lease OElection Minutes Paperwork e pp lication Fee: 0505 (within 6mo) Check#(s): 2,0 Z [--]No Fee ❑Supplement' (1 new form or for older forms: 1 original per SCM) F-1O&M 2 Soils Report (Infil or PP) Calculations (signed/sealed) Deed Restrictions, if subdivided= Project Narrative FlUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans (2 Sets) NOTES: 1Enter RIMS Acknowledged Date on this Sheet 2For New Projects -Enter New Permit # on Supplements & Deed Restriction Templates 3 If permittee is different, STOP. Needs to be transferred first. "If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first slf Lot not approved in master permit, STOP Master permit needs mod. EMAILED ENGINEER DATE: REVIEWER NAME: A O L ey Comments: G: W Q\\\Reference Libra ry\Procedures\Checklists\Completenass Review Checkli5t_202109 08 Steven R. Armstrong CPA October 22, 2021 NC Department of Environmental Quality Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: State Stormwater Management Permit No. SW8 941017 State Stormwater Management Permit No. SW8 950818 Dear Sir or Madam: F )VO I am writing in regards to the above referenced Stormwater Management Permits and in response to the enclosed October 13, 2021 letter from your Department. In an effort to be as responsive as possible, I provide, on behalf of Landfall Ventures, LLC ("Landfall Ventures"), the following information for each permit: State Stormwater: Permit Information Update Application Form (1 page), and State Stormwater. Permit Renewal Application Form (Pages 1-3 and the $505 check). You will note that Thomas S. Kenan III has been listed and signed/initialed as the current permittee as he is a manager of the LLC. To provide further clarification, I wanted to provide some additional information on Landfall Ventures. Landfall Ventures is a one member LLC, with the one member being the Frank H. Kenan 1988 Trust. As a North Carolina CPA, i attest that Thomas S. Kenan is a Trustee of that Trust and can act on its behalf of it as well as on behalf of Landfall Ventures. To provide support for the permit application update and permit renewal, I am providing the following documentation as support of this ownership structure: • The Articles of Organization, which provides date of tiling 12/4/2000, • Select Pages of the Operating Agreement, which references the dating of Articles (page 1), the name (page 2), and the member (page 3), • The most recent Limited Liability Annual Report (filed on 3/18/2021) that lists the manager of the LLC as The Frank Hawkins Kenan 1988 (Trust would not fit), and • Page 1 of the Amended and Restated Frank Hawkins Kenan 1988 Trust Agreement, which provides evidence of Thomas S Kenan III as a Trustee. I hope this is sufficient to renew the permits; however, don't hesitate to call me at 919-967-0618 if you need anything else. Since e , Steven R. Armstron P Suite 525, 100 Europa Drive, Chapel Hill, NC 27517 NORTH CAROLINA AMENDED AND RESTATED FRANK HAWKINS KENAN 1988 TRUST AGREEMENT DURHAM COUNTY THIS AGREEMENT, made this [-N day of A t 1994, is an amendment and complete restatement of the Revocable Trust Agreement originally executed on July 13, 1988, and subsequently amended on June 6, 1991, August 26, 1992, and again on May 27, 1993, by and between me, FRANK HAWKINS KENAN, as Grantor, and my wife, ELIZABETH PRICE KENAN, and my son, THOMAS S. KENAN, III, as Trustees.. I make this amendment and restatement under powers I reserved to make such amendments and the Trustees execute this agreement to evidence their written consent to the amendment and restatement. The assets subject to the terms of this Amended and Restated Revocable Trust Agreement are to be administered as follows: ARTICLE I Transfer of Trust Corpus. I have transferred to the Trustee certain assets to the Trustee under the terms hereof and may hereafter transfer additional assets to the Trustee from time to time and may hereafter designate the Trustee as beneficiary of certain death benefits and proceeds. The Trustee has agreed to accept on the terms hereinafter provided the property so transferred. ARTICLE II Distribution During my Lifetime. During my lifetime, my Trustees shall receive, hold, manage and invest any and all NOV 01 2021 SOSID: 572301 Date Filed: 12/4/2000 11:00 AM Elaine F. Marshall North Carolina Secretary of State ARTICLES OF ORGANIZATION 203399007 OF LANDFALL VENTURES, LLC Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned person submits these Articles of Organization for the purpose offfiiming a limited liability company. The name of the limited liability company is LANDFALL VENTURES, LLC. 2. The name and address of the person executing these Articles of Organization is as follows: Braxton Schell Schell Bray Aycock Abel & Livingston PLLC 230 N. Elm Street, Suite 1500 Greensboro, North Carolina 27401 The undersigned is executing these Articles of Organization in the capacity of an organizer. 3. The street address of the initial registered office of the limited liability company is 230 N. Elm St., Suite 1500 Renaissance Plaza, Greensboro, Guilford County, N.C. 27401, the mailing address of the initial registered office of the limited liability company is P.O. Box 21847, Greensboro, N.C. 27420 and the initial registered agent at such address is Braxton Schell. 4. This is a member -managed limited liability company. All of the members of the limited liability company shall be managers by virtue of their status as members. 5. All agreements of the members constituting operating agreements of the limited liability company shall be in writing. 6. These Articles of Organization will be effective upon filing. This the, bey orVcx4(e 2000 Braxton Schell C 7�-F l"7- � I .-�. - -, - IL�oC�� mti iiC._; NOV 0 1 2021 BY: 99151-1 Operating Agreement Of LANDFALL VENTURES, LLC (A North Carolina Limited Liability Company) DATED: January 1, 2001 NOV 0 1 2021 BY: 89533_1.DOC Table of Contents Page ARTICLE I - FORMATION OF THE COMPANY...................................................................... 1 L.1 Formation and General Terms.......................................................... :............................. 1 1.2 Agreement.......................................................................................................................1 1.3 Taxation................................................................................................................. 1.4 Name ......2 ...............................................................................................................................2 1.5 Registered Office and Registered Agent......................................................................... 2 1.6 Principal Place of Business............................................................................................. 2 1.7 Purposes and Powers....................................................................................................... 2 1.8 Term................................................................................................................................2 1.9 Nature of Member's Interest........................................................................................... 2 ARTICLEII -DEFINITIONS......................................................................................................... 3 ARTICLE III -MANAGEMENT OF THE COMPANY................................................................ 3 3.1 Management..................................................................................................................... 3.2 Other Business of the Member....................................................................................... 4 ARTICLEIV -THE MEMBER...................................................................................................... 4 ARTICLE V -LIMITATION OF LIABILITY............................................................................... 4 ARTICLE VI -INDEMNIFICATION............................................................................................ 4 ARTICLE VII -CAPITAL CONTRIBUTIONS............................................................................. 5 ARTICLE VIH -ALLOCATIONS................................................................................................. 5 ARTICLE IX -DISTRIBUTIONS.................................................................................................. 5 ARTICLE X -DISSOLUTION AND LIQUIDATION OF THE COMPANY .............................. 5 10.1 Dissolution Events.......................................................................................................... 5 10.2 Liquidation......................................................................................................................5 10.3 Articles of Dissolution.................................................................................................... 6 ARTICLE XI -MISCELLANEOUS............................................................................................... 6 11.1 Records...........................................................................................................................6 11.2 Survival of Rights........................................................................................................... 6 11.3 Interpretation and Governing Law.................................................................................. 6 11.4 Severability.....................................................................................................................6 11.5 Agreement in Counterparts............................................................................................. 7 11.6 Creditors Not Benefited.................................................................................................. 7 11.7 Amendments...................................................................................................................7 Attachments: Schedule I. Name, Address, Capital Contribution, and Membership Interest of the Sole Member NOV 01 2021 i OPERATING AGREEMENT OF LANDFALL VENTURES, LLC THIS OPERATING AGREEMENT of Landfall Ventures, LLC (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of the date set forth on the cover page of this Agreement, by and between the Person executing this Agreement as the sole Member and the Company. WHEREAS, the Company was initially formed upon the filing of the Articles with the North Carolina Secretary of State on December 4, 2000 by the sole organizer, and WHEREAS, the Person listed on Schedule I has been designated by the sole organizer of the Company as the sole Member of the Company. NOW TIIEREFORE the sole Member of the Company desires to formalize its agreement concerning the operations of the Company and to evidence its contribution to the capital of the Company all pursuant to and subject to the terms and conditions of this written Operating Agreement as it may from time to time be amended according to its terms and the parties hereto agree as follows: ARTICLE I - FORMATION OF THE COMPANY 1.1 Formation and General Terms. The Company was formed on December 4, 2000 upon the filing with the Secretary of State of the Articles of the Company. In the event of any inconsistency between the Articles and this Agreement, the terms of the Articles shall govern. The Person listed on Schedule I has been designated by the sole organizer of the Company as the sole Member of the Company. The Company and the Member hereby acknowledge and agree that the organizer served in such capacity for convenience purposes only, that the organizational activities of the organizer have been completed, and that the organizer has no liabilities or obligations of any kind to the Company or to any Member arising from his actions or conduct in the capacity of organizer. The Company and the Member hereby forever discharge the organizer, and the Company and the Member shall indemnify the organizer from and against, any expense or liability actually incurred by the organizer by reason of having been the organizer of the Company. 1.2 Agreement. The Member executing this Agreement hereby agrees to its terms and conditions as they may from time to time be amended according to this Agreement. It is the express intention of the Member that this Agreement and all Schedules hereto shall be the sole source of agreement of the parties and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the North Carolina Act, this Agreement shall govern. 9 W W-L,il NOV 01 2021 b BY: 1.3 Taxation. The Member and the Company intend that solely for federal and state tax purposes and pursuant to Treasury Regulations Section 301.7701, the Company shall be disregarded as an entity that is separate from the Member. For all other purposes (including, without limitation, limited liability protection for the Member from Company liabilities), however, the Member and the Company intend the Company to be respected as a separate legal entity that is separate and apart from the Member. 1.4 Name. The name of the Company is Landfall Ventures, LLC. The Member may change the name of the Company from time to time as it deems advisable, provided appropriate amendments to this Agreement and the Articles are obtained and necessary filings under the Act are first made. 1.5 Registered Office and Registered Agent. The Company's registered office within the State of North Carolina and its registered agent at such address are set forth in the Articles and may be changed from time to time by filing the address of the new registered office and/or the name of the new registered agent with the Secretary of State pursuant to the Act. 1.6 Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be at such place or places as the Member may from time to time deem necessary or advisable. 1.7 Purposes and Powers. (a) The purpose of the Company shall be to engage in any lawful business for which limited liability companies may be organized under the Act, which has the approval of the Member including, but not limited to, engaging generally in the real estate business; acquiring, holding, developing and operating real estate properties, whether full or fractional interests and whether improved or unimproved, either as operator, managing agent, principal, agent, partner, stockholder, associate, joint venturer, participant or otherwise. (b) The Company shall have any and all powers that are necessary or desirable to carry out the purposes and business of the Company, to the extent the same may be legally exercised by limited liability companies under the Act. 1.8 Term. The Company shall continue in existence until it is dissolved and its affairs wound up in accordance with the provisions of this Agreement. 1.9 Nature of Member's Interest. The interest of the Member in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. C@.o1�0 1m' NOV 0 1 2021 BY: ARTICLE II -DEFINITIONS The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time. "Agreement" means this Operating Agreement, as amended from time to time. "Articles" means the Articles of Organization of the Company filed with the Secretary of State, as amended or restated from time to time. "Code" means the Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law). "Member" means The Frank Hawkins Kenan 1988 Trust, Dated July 13, 1988, as Amended and Restated August 17, 1994. "Membership Interest" means the Member's entire interest in the Company including all benefits to which the Member is entitled under this Agreement and applicable law, together with all obligations of the Member under this Agreement and applicable law. "Person" means an individual, a trust, an estate, a domestic corporation, a foreign corporation, a professional corporation, a partnership, a limited partnership, a limited liability company, a foreign limited liability company, an unincorporated association, or another entity. "Secretary of State" means the Secretary of State of North Carolina. "Treasury Regulations" means the Income Tax Regulations and Temporary Regulations promulgated under the Code, as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations). ARTICLE 11144ANAGENIENT OF THE COMPANY 3.1 Management. The Member of the Company, by virtue of its status as a member, shall also be the manager of the Company for all purposes. All decisions with respect to the management of the business and affairs of the Company shall be made by the Member. The Member acting in its capacity as manager shall have full and complete authority, power, and discretion to manage and control the business of the Company to make any and all decisions regarding those matters, and to perform any and all other acts, which it shall deem to be reasonably required in light of the Company's business and objectives. The Member may by written resolution delegate responsibility for the day-to-day management of the Company to any Person or Persons who shall have the powers and rights necessary or convenient to carry out the Ca.o�g SPX I — .I NOV � � 2021 �rr BY: 6'�`g LIMITED LIABILITY COMPANY ANNUAL REPORT 4=:. v Iu120❑ NAME OF LIMITED LIABILITY COMPANY: Landfall SECRETARY OF STATE ID NUMBER: 0572301 REPORT FOR THE CALENDAR YEAR: 2021 SECTION A: REGISTERED AGENT'S INFORMATION LLC STATE OF FORMATION: NC 1. NAME OF REGISTERED AGENT: Steven R Armstrong 2. SIGNATURE OF THE NEW REGISTERED AGENT: E - Filed Annual Report CA202107700762 3/18/2021 0930 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 100 Europa Drive Suite 190 100 Europa Drive Suite 190 Chapel Hill, NC 27517-2394 Orange County Chapel Hill, NC 27517-2394 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 967-0618 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 100 Europa Drive Suite 190 P O Box 4150 Chapel Hill, INC 27517-2394 Chapel Hill, NC 27515-4150 6. Select one of the following if applicable. (Optional see instructions) The company is a veteran -owned small business lCt9 W ❑ The company is a service -disabled veteran -owned small business NOV 0 1202, SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) BY',_ NAME: The Frank Hawkins Kenan 1988 NAME: TITLE: Manager TITLE: ADDRESS: 100 Europa Drive Suite 190 Chapel Hill, NC 27515 ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. The Frank Hawkins Kenan 1988, by Steve Armstrong Manager SIGNATURE Form must be signed by a Company Official listed under Section C of This form 3/18/2021 The Frank Hawkins Kenan 1988, by Steve Armstrong Manager Man Print or Type Name of Company Official DATE Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 2762"525 ROY COOPER covernor ELIZABETH S. BISER AF11 n q M r October1 Landfall Ventures, LLC Attn: The Frank Hawkins Kenan 1988, Manager P.O. Box 4150 Chapel Hill, NC 27515 NORTH CAROLINA Env4vn natW QuaUty Subject: Stormwater Permit Renewal Request State Stormwater Management Permit No. SW8 941017 State Stormwater Management Permit No. SW8 950818 New Hanover County Dear Permittee: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified, transferred, or renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. State Stormwater Management Permit #SW8 941017 and #SW8 950818 have expired or will expire on the dates listed below. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3). North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. Permit No. Subject Last Issued Expiration Date #SW8 941017 Landfall Center November 29, 2007 November 29, 2021 Phase 11 #SW8 950818 Landfall Center June 10, 2009 November 3, 2019 Lots 5F & 5G Please submit a complete permit renewal form along for each individual permit with a $505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found on our website at: https://deq. ne. aov/about/divi s ions/enerav-mineral-and-land-resources/stormwater/storm water-prot.,ram/post- construction-2. A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new address and new point of contact. Please submit a completed Permit Information Update Form to correct your contact information which is available on the website provided above under the "New Permits & Permit Modifications" section. If you have any questions regarding this matter, please contact Ashley Smith at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, J lJ'1'U,-at-,-4� l p ,Brian Wrenn, Director Division of Energy, Mineral and Land Resources D rk ��� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ae. i •mw�.�o+r� /"� 910.796.7215 State Stormwater Permit Page 2 of 2 DES/ams: %Stormwater\Permits & Projects\1994\941017 HD\2021 10 req_ren 941017 \\\Stormwater\Permits & Projects\ 1 995\950818 HD\2021 10 req_ren 950818 cc: Steven R. Armstrong, Registered Agent; Landfall Venues, LLC; 100 Europa Drive Suite 190; Chapel Hill, NC 27517 Wilmington Regional Office File D_E Qom. North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 +�+� 910.796,7215 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Landfall Ventures, LLC Information Sosld: 0572301 Status: Current -Active O Date Formed: 12/4/2000 Citizenship: Domestic Annual Report Due Date: April 15th Currentpnnual Report Status: Registered Agent: Steven R Armstrong Addresses Principal Office 100 Europa Drive Suite 190 Chapel Hill, NC 27517-2394 Mailing P O Box 4150 Chapel Hill, NC 27515-4150 Company Officials Reg Office 100 Europa Drive Suite 190 Chapel Hill, NC 27517-2394 Reg Mailing 100 Europa Drive Suite 190 Chapel Hill, NC 27517-2394 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager The Frank Hawkins Kenan 1988 100 Europa Drive Suite 190 Chapel Hill NC 27515 A Hall, Christine From: Hall, Christine Sent: Thursday, September 08, 2016 12:52 PM To: Denise Freund(denise.freund@wilmingtonnc.gov),'bret.russell@wilmingtonnc.gov' Cc: Weaver, Cameron; Hall, Rhonda Subject: Link, renewal dates & outparcel info Attachments: 1988 Rule 3rd Directive_1989.pdf The link to the list of active (and likely expired permits) is the 3rd link down on the following website: htt deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-program Permit Expiration Dates: SW8 890109 —Phase 1 of Landfall Center— No expiration Date SW8 941017 — Phase II of Landfall Center— Expires 11/29/2021 SW8 950818 — Lots 5F & 5G — Expires 11/3/2019 Outparcels: I also checked with Linda regarding the historical approach of permitting of outparcels. She pointed me to the directive that is attached to this email. Essentially, for projects approved prior to 1995, if the outparcel drains to the stormwater collection system for the larger site, then the outparcel must be included in the drainage area and impervious area for the treatment device. If the outparcel was to not be collected I the stormwater collection system, then it would be considered a stand-alone site and would be considered subject to the stormwater program based on its own merits. So if these other outparcels do not drain to the collection system for Landfall Center and would not have exceeded 1 acre of disturbance, then it likely never was required to obtain a state stormwater permit. However, I would suggest conducting a file review to confirm there isn't anything special with these sites. I hope this helps! Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine hall@ncdenr gov 127 Cardinal Drive Ext Wilmington, NC 28405 Nothing Compares.._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Cee� w14-i,l-11 ,feel A:>eAwPr 2 —D—E G N G2 DESIGN, P.A 5 TO R N W ATER S E R v I C E 5 P O Box 297 APEX, NORTH CAROLINA 27502-0297 P 919 321 0638 P: 919 321 8311 December 24, 2009 David Cox — Environmental Senior Specialist North Carolina Division of Water Quality — Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, N.C. 28405 �t3,G^r131��i°� Re: DWQ Stormwater Permit No. SW8 950818 Landfall Center Lots 5F & 5G DEC $ 8 2009 New Hanover County BY: Dear Mr. Cox, In a letter by you addressed to John P. Graham of Landfall Ventures. LLC dated June 10, 2009, you noted the lack of an Engineers Certification on file at DWQ for the above -referenced project. This letter and attachments summarize the specific actions to bring the BMP into, compliance, and provide the outstanding certification. Due to.the significant age of the facility (14 years +/-), and the unavailability of the engineer of record, the attached certification does not qualify as a "designer's" certification, or a certification of initial construction based on as-builts. Rather, the certification is intended to serve as a maintenance -level certification and review, confirm that the pond is in good working order, and in substantial compliance with the original design based on visual observations. History.Landfall Ventures, LLC hired G2 Design, P.A. to assist with the required certification. G2 Design is a leading professional company providing stormwater BMP inspection and certification services for hundreds of clients throughout North Carolina. I completed an inspection of the wet detention pond in September 2009, and notified Landfall Ventures of varying deficiencies observed that would require remediation to obtain the required certification. Remediation work included dredging of invasive vegetation and sedimentation to restore the proper pond depth, pond reshaping to increase the permanent pool surface area, and rip -rap dissipater reconstruction. RemediaiRepa#s: Landfall Ventures hired Backwater Environmental to perform the remedial repairs. Backwater Environmental has extensive experience in the stormwater, stream and wetland industry (and specifically with working with the NC Division of Water Quality (DWQ). Backwater staff has been involved with more than 200 similar projects in North Carolina over the last 19 years, and has become a preferred contractor for large and small projects in the wetlands, stream, and stormwater industry. Repairs were somewhat delayed due to utility conflict Lww w.g2design oa.com j ` _D—E G N STORMWATER SERVICES Mr. Cox, 12/24/2009 and sequential rain events, but were substantially complete on December 18, 2009. Permanent Pond Pool Surface Area: The construction plans and permit documents on file with your office for this project show a required 2,250 s.f. permanent pool surface area based on the construction of 48,731 s.f. total impervious surface area. During my inspection in September, I observed that the permanent pool surface area was undersized by approximately 400 s.f. of the permit requirements. Further site inspection of the developed parcels 5F & 5G proved that most of the impervious surface area appeared to have been constructed per the construction plans obtained from DWQ, save for a building service area drive of around 1,500 s.f. that was never constructed immediately adjacent to the pond. Expansion of the permanent pond pool surface area was recommended as much as practical to meet the 2250 s.f. permit requirements and compensate for the shortfall of surface area in the pond. To expand the permanent pond pool, the pond side slopes were excavated on three sides to the maximum practical extent available (see item A. in the photographic journal of the attached inspection report for more detailed summary of improvements and constraints). The improvements yielded approximately 250 s.f. of additional surface area at permanent pool, for a total of 2,100 s.f. +/-. When considering the reduced impervious constructed area observed (service drive never constructed), the significant age of the development, site constraints to provide additional pool surface area, and recent extensive efforts by the owner to maximize the permanent pool area, it is my opinion that the current permanent pond pool surface area as modified meets the treatment requirements of the contributory watershed as much as practical. I trust this correspondence and attachments provides sufficient action toward meeting the requirements of your June 10, 2009 correspondence. If you require any further information, please contact me at your earliest convenience at 919-321-0638 Very truly yours, G2 Design, P.A. By: — T Timothy P. Grady, RLA President cc: John P. Graham — Landfall Ventures, LLC Lowell Lovell — Grubb Ellis Attachments: - Certification Statement and Checklist - G2 Design BMP Inspection Report GrubbrMlis. Thomas Linderman Property Solutions Worldwide Graham September 23, 2009 David Cox — Environmental Senior Specialist North Carolina Division of Water Quality — Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, N.C. 28405 Re: DWQ Stormwater Permit No. SW8 950818 Landfall Center Lots 5F & 5G New Hanover County Dear Mr. Cox, I am in receipt of your letter dated June 10, 2009 regarding the above -referenced project. In your correspondence, you noted a project BMP deficiency, in specific the lack of an Engineers Certification on file at DWQ. This letter addresses the specific actions, both completed and proposed, to provide the Engineer's certification and bring the BMP into compliance. Progress to Date: We have hired G2 Design, P.A. to assist us with the required certification. G2 Design is a leading professional company providing stormwater BMP inspection and certification services throughout North Carolina. G2 Design contacted Georgette Scott in Surface Water Protection Section and coordinated acquisition of historical project information from the DWQ project file. G2 Design completed an inspection of the wet detention pond in early September, and notified us that there is specific maintenance that needs to be completed before they can provide the required certification. Maintenance includes dredging to remove sedimentation and restore the proper pond depth, minor pond reshaping to provide the required permanent pool surface area, and rip -rap dissipater reconstruction. You can reach Tim Grady at G2 Design at (919) 321-0638 with any specific questions. Maintenance Implementation Schedule: We are currently reviewing bids for the maintenance work, and are proposing to begin work in early to mid -October. Upon completion of the maintenance work, G2 Design will visit the site to re -inspect, and submit the Engineers Certification to you as required. RE' Cz1Vr,- _; -, Thomas Linderman Graham Inc Raleigh 1511 Sunday Drive, Suite 200 Raleigh. NC 27607 919.785.3434 919.785.0802 fax Chapel Hill 100 Europa Drive, Suite 191) Chapel Hill, NC 27517 919.968.4017 919.929.7913 fax SEP Z 5 7000 2200 W. Main Street Durham, NC 27705 919.296 5900 919 286 4191 fax Independemh Owned and Opemied I trust this correspondence provides sufficient summary of our proposed action toward compliance. If you require any further information, please contact me at your earliest convenience at 919-913-1100. Very truly yours, Landfall Ventures, LLC B J P. Graham Executive Vice -President Thomas Linderman Graham Inc. Manager cc: Tim Grady — G2 Design, P.A. Lowell Lovell — Thomas Linderman Graham Inc. Grubb&Ellis. Linderman Property SOlUtiom Worldwide Graham lndependent(t Nri dand Operated