SW8971225_COMPLIANCE_20040115 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 911 Z--L5
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
m COMPLIANCE EVALUATION INSPECTION
DOC DATE
200L- 01 15
YYYYMMDD

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Michael F. Easley, Governor
> William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 15, 2004
Mr. Walter Pancoe, President
The Caper Corporation
1901 Kent Street, Suite E
Wilmington, NC 28403
NOTICE OF INSPECTION:
Wrightsville Office Park
Stormwater Project No. SW8 971225
New Hanover County
Dear Mr. Pancoe:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on January 15, 2004 to determine compliance
with Stormwater Permit Number SW8 971225 issued on January 31, 2000.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before February 16, 2004 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Gary Beecher
Environmental Technician
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cc: Wilmington Regional Office
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
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Customer Service
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STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Wrightsville Office Park
Project Number: 971225 Control Measure: Detention Ponds
Water Body: Mineral Springs Branch Classification: "C SW"
Directions to site: Wrightsville Ave, till Dawson Street.
2. Inspection Date: January 15, 2004
Weather Conditions: Warm and Dry
3. Compliance Issues:
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ A trash rack is provided over the outlet weir and orifice.
❑ All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ ❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ❑ The designer's certification has been submitted.
❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ ® Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ 0 For low density projects, there are no unpermitted pipes on the project.

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4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The pond has very good grass on its slopes, there are a few small ruts that
have formed on the pond slopes. These are currently small and can be easily
fixed, as they will certainly grow larger as time goes by. They should be filled
with dirt and stabilized with mulch or grass to prevent further erosion from
occurring.
(b) I also saw a small bike inside the pond, this leads me to believe that routine
maintenance is not being done to the pond. Trash needs to be picked up inside
and around the pond on a regular basis. The trash is not only an eyesore it can
also affect the efficiency of the pond by clogging outlet structures.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office/[phone] Ext 222
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Cana.
THE CAPER CORPORATION �
1 E. ERIE ST., STE. 225 • CHICAGO, IL 60611 • [phone] • FAx [phone]
1901 KENT ST., STE. E • WILMINGTON, NC 28403 • (91 O) 343-0029 • FAX (91 O) 343-1874
002/22/2000
NCDNER
Attn: Rick Shiver, Water Quality Regional Supervisor
127 Cardinal Dr. Ext.
nECEIVED
FEB 2 4 2000
Wilmington, NC 28405 DWO
PROD •
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Subject: NOTICE OF VIOLATION and RECOMENDATION OF ENFORCEMENT
The Caper Corporation
Corner. of Wrightsville Avenue and Dawson St.
New Hanover County
Dear Mr. Shiver:
In response to your letter of February 15, 2000 we provide the following FACTS, in explanation of
the circumstances and actions in the above matter.
In a signed contract with the City of Wilmington, dated January 27, 2000, we agreed to replace a 12"
sanitary sewer line which crossed our property. Further, we agreed to re -align the drainage ditch and
install a fabriform lining where it crossed our property. This work was to be done for the City and
they were to pay for the sewer and the fabriforming of the ditch. It took a number of months to
conclude this agreement _--d have 1t ap,^-reved by the City Council.
We had a contract with Time -Warner to build a shell building and turned it over to them for their
interior up -fit by March 1, 2000. We started on the construction of this building early in February
and worked 7 days a week in order to meet this time deadline.
As soon as we received the agreement from the City and obtained the necessary building permits for
the sewer and ditch work, our contractor, Heath Construction Co. began work under the protocol
prescribed by the engineers, Andrews and Kuske. They followed the practice of "no interference
with a flowing ditch" which was considered proper practice. Heath Construction Co. undertook this
project and worked 7 days a week in order to complete the work as quickly as possible.
They had proper silt fences installed on both sides of the ditch from the time of commencement of
work. until it was necessary to remove them for the relocation and fabriforming of the ditch.

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THE CAPER CORPORATION
1 E. ERIE ST., STE. 225 • CHICAGO, IL 60611 • [phone] • FAx [phone]
1901 KENT ST., STE. E • WILMINGTON, NC 28403 • [phone] • FAx (91 O) 343-1874
I personally was at Johns Hopkins in Baltimore, MD for medical reasons when Beth Easley inspected
.the work at 5:00 P.M. on January 26, 2000. She advised the foreman on thejob (Bubba) that there
were not proper erosion controls. Her inspection was motivated by a complaint from a "river watch"
representative. She also reported this information to John Tunstall of Andrew and Kuske, Engineers
for the job.
At 8:00 A.M., the next morning, work was begun to install the erosion control system she had
prescribed. This work was completed in less than 24 hours of her visit to the site when she advised
of the unacceptable erosion controls. Within the time of her inspection when the corrective work
was undertaken and its completion, your representative sampled the stream. As you stated in your
letter "Directed actions had not yet been completed at the time of inspection on January 27, 2000".
The work was completed shortly thereafter, that same day!
Again, I repeat, we were operating under the protocol that recommended no interference with a
flowing stream. But, nonetheless, in the spirit of cooperation, we provided the requested change of
procedure and erosion control and continued to make additional changes as requested by Beth
Easily.
This made the continuing construction extremely difficult since we had to contend with two streams
coming from 4 different culverts, joining on our property and flowing through open ditches for the
short distance to exit under Wrightsville Avenue. Despite these seemingly impossible conditions,
through the skill, determination, and fine work of Heath Construction Company, the job was
completed within a few days by working from dawn to dusk 7 days a week.
All of the above facts are documented by daily video tape.
We trust this information will provide the explanation you require to find an enforcement action
unnecessary.
Sincerely,
The Caper t n
Walter Panc e, resident
cc: John Tunstall, P.E.
Ray Heath, Heath Construction Co.
Tony Roberts, New Hanover County Building Inspections
Scott Vinson IMNCUNERm(I.22W

RECEIVED
FEB 2 3 2000
BY:
THE CAPER CORPORATION
I E. ERIE ST., STE. 225 • CHICAGO, IL 60611 • [phone] • FAX [phone]
ST., STE. E • WILMINGTON, NC 28403 • [phone] • FAx [phone]
2/21/2000
NCDNER
Attn: Rick Shiver, Water Quality Regional Supervisor
127 Cardinal Dr. Ext,
Wilmington, NC 28405
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Subject: NOTICE OF VIOLATION
Wrightsville Office Park
Stormwater Permit No. SW8 971225, issued January 31, 2000
New Hanover County
Dear Mr. Shiver:
In response to your letter of February 14, 2000 regarding items I & 2 we are pleased to advise at follows:
1. ALL WORK ON THE SUBJECT PERMIT HAS BEEN TOTALLY COMPLETED.
We invite your inspection.
No additional construction of impervious surfaces (paving of roadways and parking
areas) will be undertaken' for several weeks.
We request that you advise Tony Roberts, New Hanover County Building Inspections of the completion of
this project and cancel your request for, withholding of building permits and Certificates of Occupancy as
outlined in your letter of February 14, 2000.
We trust this information satisfies your requirements in this matter.
Sincerely,
The Caper C or ion
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Walter Pancoe, President
cc: John Tunstall, P.E.
Ray Heath, Heath Construction Co.
Tony Roberts, New Hanover County Building Inspections
Scott Vinson 19DD NCDNER vid.]]IDD

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Environment & Natur 1 Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Attn.: Brenda

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item 4 if Restricted Delivery is desired.
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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
February 14, 2000
CERTIFIED MAIL #P 455 449 418
RETURN RECEIPT REQUESTED
Mr. Walter Pancoe, President
The Caper Corporation
1901 Kent Street, Suite E
Wilmington, NC 28403
L
NC®ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NA RAL RESOURCES
Subject: NOTICE OF VIOLATION
Wrightsville Office Park
Stormwater Permit No. SW8 971225
New Hanover County
Dear Mr. Pancoe:
On February 11, 2000, Wilmington Regional Office personnel performed a Compliance Inspection
of the project known as Wrightsville Office Park, located at the Corner of Wrightsville Avenue and Dawson
Street in New Hanover County, North Carolina. The inspection was performed to determine the status of
compliance with Stormwater Permit Number SW8 971225MOD, issued to The Caper Corporation on January
31, 2000.
The project has been found in violation of Stormwater Permit Number 971225, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
Section 1I, Number 1: "The stormwater management system shall be constructed in its
entirety, vegetated and operational for its intended use prior to the construction ofany built -
upon surface except roads."
The Time Wamer Offices building was built before the pond was completely constructed,
vegetated and operational.
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 March 14, 2000.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Pancoe
February 14, 2000
Stormwater Permit No. S W8 971225
Stop construction on any further impervious surfaces and concentrate efforts on completing
the detention pond to design standards. The pond must be vegetated and operational and all
runoff from impervious surfaces must drain to the pond for treatment.
Failure to provide the "Plan of Action" by March 14, 2000, 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 forthe assessment of civil and criminal
penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
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cc: John Tunstall, P.E.
Tony Roberts, New Hanover County Building Inspections
Scott Vinson
Central Office