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HomeMy WebLinkAboutSW8060553_HISTORICAL FILE_20130129STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Ole 0 5 5'5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 �'> 0 �2 YYYYMMDD r RDAR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January29, 2013 Division of Water Quality Charles Wakild, P. E. Director Mr. Jerry Kinlaw, Senior Vice President First Troy SPE, LLC 201 Market St. Wilmington, NC 28401 Subject: Stormwater Management Permit No. SW8 060553 Porter's Pointe Subdivision High Density Commercial infiltration Basin Project New Hanover County Dear Mr. Kinlaw: John E. Skvarla, III Secretary The Wilmington Regional Office received a complete modified State Stormwater Management Permit Application for Porter's Pointe Subdivision on January 22, 2013. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in 15A NCAC 2H .1000 and Session Law 2008-211. We are forwarding Permit No. SW8 060553 dated January 29, 2013, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project. Modifications: The number of lots has been reduced from 59 to 54, and the impervious allocation has been redistributed, but the BMP design is unchanged. Please replace your current set of plans' data showing the lot layout and impervious allocation with sheet SW-1 approved with today's date. Other data shown on previously permitted plans remains in effect. This permit shall be effective from the date of issuance until December 19, 2020, 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 adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 Kelly Johnson, at (910) 796-7215. Sinp6rely, � r Wakild, P.E., Director Division of Water Quality GDS/kpj: S:\WQS\Stormwaler\Permits & Projects\2006\060553 HM2013 01 permit 060553 cc: Matthew Haley, PE, Cape Fear Engineering Inspector, New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Wilmington Regional Office Stormwater File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location. 512 N Salisbury St Raleigh, North Carolina 27604 One Phone 9194107-6300 \ FAX: 9IM07-6492 \ DENR Assistance 1-877623-6748 NorthCarolina Inlemet w rimaterouality ora 'A atural& State Stormwater Management Systems Permit No. SW8 060553 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION INFILTRATION BASIN 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 First Troy SPE, LLC Porter's Pointe Subdivision Porters Neck Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of two (2) infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211, as applicable (hereafter jointly and individually 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 December 19, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The subdivision is permitted for 54 lots, each allowed a maximum amount of built -upon area as listed in Section 11.13 of this permit. The stormwater controls labeled A and B have been designed to handle the runoff from 243,993 and 192,301 square feet of impervious area, respectively. 3. The drainage areas will be limited to the amounts of built -upon area indicated in Sections 1.2 and 1.7 of this permit, and per approved plans. The built -upon area for the future development in the drainage areas labeled A and B are limited to 10,000 and 12,095 square feet, respectively. 4. The excess design storm overflow from the infiltration basin must be directed into a 50 foot vegetated filter strip and level spreader, designed per Section .1008 (f) of the stormwater rules. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 060553 6. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 7. The following design elements have been approved for this infiltration basin stormwater facility, and must be provided in the system at all times. Infiltration Basin A Infiltration Basin B a. Drainage Area, acres: Onsite, Subject to 1995 Rules, ft2: Onsite, Subject to SL 2008-211, ft2: Offsite, ft2: 11.52 496,260 5,397 None 9.41 401,449 8,542 None b. Total Impervious Surfaces, ft: Onsite, Subject to 1995 Rules, ft2: Onsite, Subject to SL 2008-211, ft2: Offsite, ft2: 243,993 238,596 5,397 None 192,301 8,542 183,759 None c. Design Storm Subject to 1995 Rules, inches: Subject to SL 2008-211, inches: 1.5 3.83 1.5 3.83 d. Basin Depth, ft: 6.0 6.0 e. Bottom Elevation, FMSL: 18.0 18.0 f. Bottom Surface Area, ft: 7,454 7,389 g. Storage/Bypass Weir Elevation, FMSL: 24.0 24.0 h. Storage/Bypass Weir Surface Area, ft: 12,663 14,288 i. Permitted Storage Volume, ft : 59,883 63,783 j. Type of Soil: Kenansville Kenansville k. Expected Infiltration Rate, in/hr: 9.0 8.8 I. Seasonal High Water Table, FMSL: 16.0 16.0 m. Time to Draw Down, days: 0.25 0.20 n. Receiving Stream/River Basin: Pages Creek / Cape Fear o. Stream Index Number: 18-87-22 p. Classification of Water Body: "SA, HQW" II. SCHEDULE OF COMPLIANCE The permittee shall not alter any aspect or any component of the approved stormwater drainage and collection system, or pipe any ditches or swales shown on the approved plans, except for a minimum driveway pipe, unless and until the permittee shall have submitted a modification to the permit and received approval from the Division. Additionally, the permittee shall not allow any homeowner, lot owner, builder or developer to alter any aspect or any component of the approved stormwater collection system or to pipe any ditches or swales shown on the approved plans, except for minimum driveway crossings, unless and until the permittee shall have submitted a revision to the permit and received approval from the Division. 2. The permittee shall routinely monitor the project to ensure that the proposed built -upon area for the entire project including lot BUA, streets, recreation facilities and sidewalks, does not exceed the permitted maximum allowable built - upon area. Where the permittee finds a noncompliance with the permit on an individual lot, the permittee shall notify the lot owner in writing, requiring remediation of the noncompliance within a reasonable time frame, and shall follow-up to ensure that the noncompliance has been resolved. 3. The permittee is responsible for approving and monitoring all driveway pipe installation on individual lots. The permittee shall assure that all piping shall be that minimum amount and diameter necessary to adequately pass the drainage underneath the driveway, while maintaining a 3:1 side slope. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 060553 4. The permittee shall not approve any lot plan where the permitted maximum BUA is exceeded, or where piping of ditches or swales is proposed, or where excessive driveway piping is proposed, without first submitting a permit modification and receiving approval from the Division of Water Quality. 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. 6. 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 the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, 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. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. 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. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed, to be submitted, certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function as designed. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals listed in the O&M Agreement. 12. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 060553 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060553, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is as follows: Built Upon Area s 1-15 4,015 16R 5,000 18-28 4,015 30R 5,000 31 R-32R 4,015 34-61 4,015 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. In. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 15. Prior transfer of the permit, the stormwater facilities must be inspected by DWQ staff and must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 5 of 8 State Stonnwater Management Systems Permit No. SW8 060553 III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the Permittee or of the project, or a mailing address change, the permittee shall submit a completed and signed "Name/Ownership Change Form" to the Division of Water Quality, accompanied by the appropriate documentation as listed on the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project area, in whole or in part, nor the conveyance of the common areas to a third party, constitutes an approved request to transfer the permit. 3. 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. 4. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 5. 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) which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily 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. 7. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 8. The Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, the supplement forms, the Operation and Maintenance Agreements, and the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal application shall include the required application, appropriate application fee and documentation. Permit modified and reissued this the 29t" day of January 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8 060553 Porter's Pointe Subdivision Stormwater Permit No. SW8 060553 New Hanover County Designer's Certification Page 1 of 2 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 are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8 060553 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 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, a forebay, and the level spreader / vegetated filter strip. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections Page 8 of 8 DWQ USE ONLY Date Received Fee Paid Permit Number a o' U� D Applicable Rules: (select all that apply) ❑ Coastal SW —1995 ❑ Coastal SW — ❑ Non -Coastal SW- HQW/ORW Waters ❑ Other WQ Mgmt Plan: 2008 ❑ Ph II - Post Construction ❑ Universal Stormwater Management Plan State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This farm may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Porter's Pointe Subdivision 2. Location of Project (street address): Porter's Neck Road between US17 and Lantana Lane City:Wilmington County:New Hanover Zip:28411 3. Directions to project (from nearest major intersection): Traveling North on US 17 take a right on Porter's Neck Road The proietc site is approximately 0 25 miles down Porter's Neck Road on the right 4. Latitude:34° 1734" N Longitude:77° 4701" W of the main entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tReneoals with modifications also requires SWU-102 — Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 060553 , its issue date (if known)6/16/11 and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: _ ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? []No ❑Yes If yes, see S.L. 2012-200, Part Vl: httl2://12ortal.ncdenr.org/web/`wq/ws/su/statesw/rules laws ECEUVEh JAN 2 2 2013 FormSWU-101 Version06Aug2012 Page I of U BY: III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization: First Troy SPE, LLC Signing Official & Title:lerry Kinlaw, Senior Vice President b.Contact information for person listed in item la above: Street Address:201 Market Street City:Wilmington State:NC Zip:28401 Mailing Address (if applicable): City: State: Zip: Phone: (910 1 442-4103 Fax: (910 ) 251-1652 c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner Signing Official & b.Contact information for person listed in item 2a above: Street Address: Mailing Address (if Phone: State: State: Fax: ( 1 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Signing Official & b.Contact information for person listed in item 3a above: Mailing Address: City: S Form SWU-101 Version 06Aug2012 Page 2 of 7 Zi ! t JAN 2 2 Phone: Fax: ( 1 4. Local jurisdiction for building permits: New Hanover County Point of Contact:Chris O'Keffe IV. PROJECT INFORMATION Phone #: (910 ) 798-7165 1. In the space provided below, briefly summarize how the storm water nmofI will be treated. Stormwater from the proposed project will be collected in a piped drainage system and carried to one of two infiltration basins for treatment. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUDApproval Date: ® Valid Building Permit Issued Date: ❑ Other: Date: b.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ® Coastal SW —1995 ❑ Ph II — Post Construction 3. Stormwater runoff from this project drains to the 4. Total Property Area: 24.29 acres River basin. 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) —Total Surface Water Area (6) = Total Project Area': 24.29 acres Total project area shall be calculated to exclude the followin : the normal pool of impounded structures, the area between the area of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 34.06 % 9. How many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. IE CEEIV E JAN 2 2 2013 BY: Form SWU-101 Version 06Aug2012 Page 3 of 7 Basin Information Drainage Area A_ Drainage Area B Drainage Area _ Drainage Area _ Receiving Stream Name Pages Creek Pages Creek Stream Class * SA;HQW SA;HQW Stream Index Number * 18-87-22 18-87-22 Total Drainage Area (sf) 501,657 sf 409,991 sf On -site Drainage Area (so 501,657 sf 409,991 sf Off -site Drainage Area (sf) - - Proposed Impervious Area** (sf) 1 243,993 sf 192,301 sf Impervious Area** (total) 1 48.64% 46.90% Impervious" Surface Area Drainage Area A Drainage Area B Drainage Area Drainage Area On -site Buildings/Lots (sf) 122,458 sf 112,383 sf On -site Streets (sf) 74,499 sf 60,454 sf On -site Parking (sf) - - On -site Sidewalks (sf) 14,306 sf 7,369 sf Other on -site (sf) 22,730 sf - Future (sf) 10,000 sf 12,095 sf Off -site (sf) - - Existing BUA*** (sf) i - Total (sf): 243,993 sf 1 192,301 sf Stream Class and Index Number can be determined at: httv:/Poortal.ncdenr.orghoeb/zoq[ps/csu/classifications Im eraious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union County: Contact DVVQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintgn'Zmgq-(Q&M)'fo " must be submitted for each BMP specified for this project. The latest versions of the form h c)'Ge" d'oGloafie from htto://12ortal.ncdenr.org/web/wq/ws/su/bmp-manual. JAN 2 2 2013 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water ua ,ty A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htto://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://12ortal.ncdenr.org/web/wq/wsZsu/mal2s.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from htto://portalmcdennorg/web/wq/ws/su/statesw/forms does. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to htW://www.envhelp.org/12ages/onestol2exl2ress.htrnl for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) v1%at Form SWU-101 Version 06Aug2012 Page 4 of 7 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the N (A receiving stream drains to class SA waters within' i mile of the site boundary, include the fi mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: MR* a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify to 1 A elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: Page No: 141A 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC 1 C"A Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretary.state.nc.us/Corporations/CSearch.asl2x VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from h_ptt ://portal.ncdenr.or,g/web/wq/ws/su/statesw/forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parrti%3nAd peersons elaiming under them, that the will run with the land, that the required covenants cannot be c eons y q hater geSLor_deleted— without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. JAN 222013 Form SWU-101 Version 06Aug2012 Page 5 of 7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Matthew Haley, PE Consulting Firm: Cape Fear Engineering, Inc Mailing Address:151 Poole Road Suite 100 City:Belville State:NC Zip:28451 Phone: (910 ) 383-1044 Email:matt.haley@capefearengineering.com Fax: (910 ) 383-1045 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item lo) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 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. a Notary Public for the State of do hereby certify that before me this _ day of stormwater permit. Witness my hand and official seal, SEAL Date: County of personally appeared and acknowledge the due execution of the application for a My commission �! t 'V i1/ I" i Form SWU-101 Version 06Aug2012 Page 6 of 7 X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) terry Kinlazo certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Date: SFiN 3� 2-ol3 I, �. �ta�i tj�IjP n �j�, a Notary Public for the State of N10VA t�L M11YA . County of N� 17ir�pyml do hereby certify that dCYYN 1 ✓I:CIU) personally appeared before me this -5 day of J,4- "Y ZOJ- . and acknowledge the due execution of'the application for a stormwater permit. Witness my hand and official seal, y: 0tARp ti PUBL\G• yANO\VJ "X\� SEAL My commission expires 4 t � ` �` is i, Form SWU-101 Version 06Aug2012 Page 7 of 7 m (j Completeness Review Checklist Project Name: \00.ir3t:S (Co%nSIF lfx) Received Date: Project Location: oKC; LLryJ Accepted Date: Rule(s) [ 2008 Coastal R1995 Coastal ElPhase It (WiRO ) El Universal F-11988 Coastal Type of Permit: New or o or PR Existing Permit # (91 or PR): ()(9OSS 3 FIPE Cert on File? Density: H or LD %: (% DO) Type: Commercial or Res de tial 0NCG: [_]Offsite to SW8 FlExempt Stream Class: 5 P jitQ VJ [:]SA Map Subdivided?: Sub i n or Sin le Lot I OR\ll Map Emailed Engineer on: �ment(s) (1 original per BMP) 0&4 BMP Type(s): with correct/original signatures (1 original per BMP except LS/VFS and swoles) tW',h X% ation with correct/original signatures Q /' ' (Corp or LLC Sig. Auth. per SoS or letter �$`505 (within 6mo) oils Report with SHWT Calculations (signed/sealed) r° V �No obvious errors Density includes common areas, etc Opeed Restrictions, if subdivided: El8fgned & Notarized F-2orrect Template (Comm/Res & HD/LD) or DE Plans Note to Reviewer: -19e9u4iyvd `/-)/I3 -OJ%M,lZ6o Sty. H• m�, ri>ti� CAeck It o [E2 Sets F1 Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend �DA Maps El Project Boundaries Infiltration �a Wet Pond Offsite Soils Report �bs°o& Soils Report MPE Cert for Master Lot #: SHWT: �SHWT: Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Inff;Ymatien:- *lIbltt Permitted a0.SEn A Proposed: $4stn D Pr000sed: Pr000sed: p�cm,,nb o BUA (sf) IZWSQq am Depth (ft) SA (sf) a4 (kq3 14')30 a o o, 3 01 N*�11 CAPE FEAR / Engineering, Inc. 151 Poole Road,, Suite 100 BeWle, NC 29451 TEL (810)W8 10 FAR (010)383-1045 www.copefearen_qineering.com To: NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Kelly Johnson ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier REC) JAN 2 2 2013 Transmittal 21.2013 SW8 060553 Modification ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Original $505 Permit Fee 1 Original Cover Letter 2 Original & Copy Revised Stormwater Application 2 Original & Copy Revised Deed Restriction and Protective Covenents 1 Copy Revised Basin B Calculations 1 Copy Document giving Jerry Kinlaw signatory authority for First Troy 2 Copies Revised Stormwater Plan Sheet SW-1 1• 1 n n :; L L LIJIJ REMARKS If you have any questions please call me a1383-1044. Thank you, Matt Haley CC: File 750-05 "36" Cape Fear Engineering, Inc. Signed: Matthew Haley, P.E. Received P V50750-05 F&PORTERS POINTE SDNdmin\STORMTR\NCOENMDeamber 2012 M dicatwn 013-01-21 Trans NCDENR aoc CAPE FEAR Engineering, Inc. January 21, 2013 Kelly Johnson NCDENR Water Quality Section - Stormwater 127 Cardinal Dr. Ext. Wilmington, NC 28405 RE: Modification for Stormwater Project No. SW8 060553 Porter's Pointe Subdivision New Hanover County Dear Kelly, On behalf of First Troy SPE, Cape Fear Engineering(CFE) is submitting for a Permit Modification to the approved NCDENR State Stormwater Permit for the above referenced project. The reason for the modification is a minor revision to the previously approved land plan and alley layout. The modified area has been clouded on the included Stormwater drawing. In this area, previously approved lots 31-33 have been combined into new lots 31 R & 32R. Additionally, the existing alley pavement has been reduced to 9-ft wide and the alley has been extended between existing lot 30R and new lot 31 R. The previously permitted "Reserve" impervious area for Basin B has been updated based on these changes such that the overall impervious area has not changed. Please note that this modification does not affect the previously permitted BMPs. I trust that this information is sufficient to review and approve the modification for the subject stormwater permit. However, if you have any questions or need any additional information please do not hesitate to contact me. Sincerely Matthew P. E. CC: CFE File 750-05 "36" ZCEIM � JAN 22 no 151 Poole Road, Suite 100 • 8elville, NC26451 • 7EL: (910)383-1044 • FAX: (910)363-1045 www.capefearengineering.com P V50V5M5 FB-PORTERS POINTS SDAdmm\STOWWTRWCDF.NR\.be,2012,1fodifcavonCOU-01-0)ModeRcauon N.nmv doe �! INFILTRATION BASIN DATA SHEET DATE: 1/7/2013 DESIGN CALCULATIONS FOR PROJECT NO.: 750-05 PORTER'S POINTE DESIGNED BY: MTh INFILTRATION BASIN B INFILTRATION 15A51N AB DRAINAGE AREA (Ad) = 409,991 5Q. PT IMPERVIOUS AREA (Ai): BUILDING5: I 1 2,353 5Q. FT STREETS: GO,454 SQ, FT SIDEWALKS 7,3G9 5Q. Ff RESERVE 12,035 50. PT TOTAL: 192,301 5Q. FT PERCENT IMPERVIOUS (I): I = Acl/AI = 4G.90% REQUIRED STORAGE VOLUME: •� Cif � -.,. SEAL r 9 038615 . t ! I'I Ittz' Note: All drainage and impervious areas previously permitted are vested. Therefore, the required design storm storage volume for these areas is the 1 .5" design storm volume only. All drainage and Impervious that was not part of the original permit is NOT vested. Therefore, the required design storm storage volume for these areas is the larger of the 1 .5" design storm volume or the difference in the pre -post runoff volumes for the I -yr 24-hour storm event VESTED AREAS (PREVIOUSLY PERMITTED DRAINAGE AND IMPERVIOUS AREAS) DRAINAGE AREA = 384,G35 511 IMPEVIOUS AREA = 183,755 5F % IMPERVIOUS = 47.77% REQUIRED VOLUME (SIMPLE METHOD 8Y TOM 5CHUELER): Rv=0.05+0.009'(I) Rv= 0.47997413 VOLUME= I .5"'Rv'Ad = 0.52977 172 23,077 fi NON-VE5TED AREAS (ADDITIONAL DRAINAGE AND IMPERVIOUS AREAS) DRAINAGE AREA = 25,35G 5F = (409,991 5F - 384,G35 5F) IMPEVIOU5 AREA = 8.542 5F = (192.301 5F - 153.759 5F) % IMPERVIOUS = 33.69% REQUIRED VOLUME (SIMPLE METHOD 5Y TOM 5CHUELER): Rv=0.05+0 009'(I) P.v= 0 3531045 ) VOLUME= 1 .5"'Rv'Ad = 0.025G9904 AC -FT 1.1 19 FT^3 REQUIRED VOLUME (PRE -POST I -YEAR 24-HOUR): PRE -DEVELOPMENT P 175011 FB-PORTERS POINTE 5D\Calas\20I 1-05-17 Infiltration Basn 5 ds rJ c EUV EAN 2 2 2013 BY:------ INF EA51N 5 DATA SHEET PAGE I Of 3 % IMPERVIOUS = 0.0% Rv=O 05+0.009*(1) RV= 0.05 VOLUME= 3.83-Rv-Acl = 0.00312935 AC -PT 13G F^3 PRE -DEVELOPMENT %IMPERVIOUS = 33.G9% Rv=O 05+0.009'(U Rv= 0 35319451 VOLUME= 3 83"'Rv'AJ = 0 OG5G 182 AC -FT 2,858 Ff^3 VOLUME P05T - VOLUME PRE = 2,722 CF REQUIRED VOLUME(VE5TED AREA5) = 23,077 CE REQUIRED VOLUME(NON-VESTED AREA5) = 2,722 CF 11 DE51GN VOLUME = 25,700 CP VOLUME PROVIDED INCREM. TOTAL EL. SA (5f:) VOL. (CP) VOL (CF) 18 7,389 0 0 19 8,383 7,88G 7,88G 20 9,497 8,940 1 G,82G 21 10,777 10,137 2G,9G3 22 1 1,452 1 1,1 15 38,078 23 12,835 1 2, 144 50,221 WEIR 24 14,288 13,5G2 G3,783 25 15,801 15,045 78,827 STORAGE VOLUME PROVIDED AT ELEV (24.0) = G3,783 CF VOL. PROV'D= G3,783 > 25,799 =VOL. REQ'D OK P \750V 50 05 Fb PORTERS POINT E 50\CaIC5\201 1-05-17 InfAtradon W1,1 5 As INP EA51N D DATA 5HEET PAGE 2 Of 3 OP.AWDOWN TIME: LINEAR INFILTRATION RATE = 8.5 IN/HR 0.000204 FT/5 EA51N BOTTOM AREA = 7,369 5F INFILTRATION FLOWRATE = 1.505 1 G7 CF5 VOLUME TO DRAWDOWN = 25,799 CF DRAWDOWN TIME = 285.G7O1 MIN = 4.7G I I G9 HOURS = 0.198382 DAYS P V 50\750 05 PB.PORTER POINTE 5D\Calc5\201 1-05-1 Infncranon Basin B As NF EA51N B DATA SHEET PAGE 3 OF 3 SW8 060553 - Porters Point Subdivision - 1/29/13 Review Notes, K. Johnson Onsite Buildings Onsite Streets Onsite Sidewalks Onsite Other Future Total BUA # Lots: 6/16/11 Permit 11/18/11 PR 1/29/13 Permit DA A DA B DA A DA B DA A DA B Lot # BUA/Lot Lot # I BUA/Lot 122,458 116,398 122,458 116,398 122,458 112,383 ftZ 1 4,015 ftZ 32RI 4,015 ftZ 74,499 58,534 74,499 58,534 74,499 60,454 ftZ 2 4,015 ftZ 341 4,015 ftZ 14,306 7,369 14,306 7,369 14,306 7,369 ftZ 3 4,015 ftZ 351 4,015 ftZ 0 0 7,359 0 22,730 0 ftZ 4 4,015 ftZ 361 4,015 ftZ 32,730 10,000 25,371 10,000 10,000 12,095 ftZ 5 4,015 ftZ 37 4,015 ftZ 243,993 192,3011 243,9931 192,3011 243,9931 192,301 ftZ 6 4,015 ftZ 38 4,015 ftZ 59 59 54 lots 7 4,015 ftZ 39 4,015 ftZ Sum Buildings' Data (A+B): 234,841 8 4,015 ftZ 40 4,015 ftZ 9 4,015 ftZ 41 4,015 ftZ 10 4,015 ftZ 42 4,015 ftZ 111 4,015 ftZ 43 4,015 ftZ 12 4,015 ftZ 44 4,015 ftZ 13 4,015 ftZ 45 4,015 ftZ 14 4,015 ftZ 46 4,015 ftZ 15 4,015 ftZ 47 4,015 ftZ 16R 5,000 ftZ 48 4,015 ftZ 18 4,01S ftZ 49 4,015 ftZ 19 4,015 ftZ 50 4,015 ftZ 20 4,015 ftZ Si 4,015 ftZ 21 4,015 ftZ 52 4,015 ftZ 22 4,015 ftZ 53 4,015 ftZ 23 4,015 ftZ 54 4,015 ftZ 24 4,015 ftZ 55 4,015 ftZ 251 4,015 ftZ 56 4,015 Ift2 261 4,015 ftZ 1 57 4,015 ftZ 27 4,015 ftZ 58 4,015 ftZ 28 4,015 ftZ 59 4,015 ftZ 30R 5,000 ftZ 60 4,015 ftZ 31R 4,015 ftZ 61 4,015 ftZ 234,840 ftZ 54 Lots (in A+B) �J o i5 gram \'( W PO 10 (0 otal otal NEW HANOVER COUNTY Engineering Department James P. lannucei, PE, CFM 230 Government Center Drive • Suite 160 County Engineer Wilmington, North Carolina 28403 T. Jason Clark, PE TELEPHONE (910) 798-7139 Chief Project Engineer Fax (910) 798-7051 August 7, 2013 Mr. Jerry Kinlaw, Senior Vice President First Troy SPE, LLC 18 Chatham Corner (PO Box 1757) Pittsboro, North Carolina 27312 RE: Notice of Non -Compliance - Revised Stormwater Plan Required Porter's Pointe — ATC# 319-07/10/2006 Dear Mr. Kinlaw: This letter of Non -Compliance is being sent due to non-functional infiltration basins on -site. You are the responsible parry of record, with First Troy SPE, LLC. It appears the infiltration basins aren't functioning and drawing down as required. The two basins are constantly full of water causing the entire storm drainage system to back up and cause flooding of roads, alleys and even into homes. As currently functioning (non-functioning) the site doesn't meet the NHC Stormwater Drainage Ordinance or the approved and certified plan. Therefore the site is in Violation of the NHC Stormwater Drainage Ordinance. Please provide a specific plan (and time -frame) to restore the functionality of the Stormwater infiltration basins. if a plan isn't provided to restore or re -design the basins NHC will begin to hold building pernuts and Certificates of Occupancies. Please note that this project has a Stormwater Permit (SW8 060553) with NCDENR. The two infiltration basins are also a part of the NCDENR Stormwater Permit. The State is being copied on this letter. If you have any questions regarding the foregoing information, please contact our office. i Sinc ason Clark, PE of Project Engineer cc: File Georgette Scott, NCDENR Stormwater Program Supervisor Mr. Perry Davis, PE; Cape Fear Engineering, INC. �I1 N . . �mttaQ t� Pc9m ,,T "' a/au1(f4 tray � �Ih f`iA iueE �`ty �l li3 WRITTEN CONSENP TO ACTION WTvHQUT A MEET]* OF PHE BOARD OF DIRECTORS'OF FIRST ]ROY SPE; LtC Tfue undersigned Directors of Fiiet,TroySPI1, LAC; a No �6,Carotina'limited Ilability'campany (the "Company'♦, hvrehy;;100't tKu followin? resolution, and Lath of the UndciSigned Direttors consents in writing to taking; this action; effective SPptefiber.24; 2012, 2012, and kciptlog such resdlution without holding a meeting: .officers Tit the cnijrri:�ro WlIgAtAS; the &Tale member of the Company, First Barak, did appofrit as,of Marc ii,2.7, 2012, Messrs,' nob 1Pattersian and'f?eter-Seitz as directors of the Covhpany, and; WHEREAS; the sole membh� of the'Company; FirsiHank: did removeias of April24, 20a2, Mslleresa Nixa) oS a ClrectUt of IIio Co mpany, and:. W11FREAS, lhr Boaid of, Directors of the Company desires to restate the officers of the Company, effective as Sep¢ember24, 2a12, BE IT RESALVEq that the foilowilig indMduais ar.e AdroY d 'IS officers of the Company' and Ut m ar ,previously named officers oot fisted'below are no Innger officers of tfie Company effedlye,lmmediatelye Name Titre leery Ochektce President Eric Credfe' Execijdve Vice President 'Rob P3Mersork Executive Vice President• .Peter Seib 42- cupde Vice President- leery Hihlaw Senior Vice President lamten Foyles Vice President Sheba Cole Vice President Kim harrlsori Vice President Craig_ Umvin Vice President Ned Murchison Vice Presider$ This Written Consent to Action is effective as of September-24,- 2Bi2, Fc FWF- JAN 2 2 2013 BY: _---_` t f Eric rdle, 01rect4r 5e1t2, WFECtor t t] r' vsrR `i7 LIMITED LIABILITY COMPANY o� ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: First Troy SPE, LLC REPORT FOR THE YEAR: 2012 SECRETARY OF STATE L.L.C. ID NUMBER: 1123848 E-Filed Annual Report 9256916 Do not data enter manually. STATE OF INCORPORATION: NC NATURE OF BUSINESS: Manager ofjbreclosed properties ofrelated company. REGISTERED AGENT: Foyles, Kristen F_llefson Esq. REGISTERED OFFICE MAILING ADDRESS: 340 Commerce Avenue, Suite 17B Southern Pines, NC 28387 REGISTERED OFFICE STREET ADDRESS: 340 Commerce Avenue, Suite 17B Southern Pines, NC 28387 Moore County PRINCIPAL OFF ICE TELEPHONE NUMBER: 919-542-0460 PRINCIPAL OFFICE MAILING ADDRESS: P.O. Box 508 Troy, NC 2 73 71 PRINCIPAL OFFICE STREET ADDRESS: 341 North Main Street Troy, NC 27371 MANAGERS/MEMBERS/ORGANIZERS: Name: Jerry L Ocheltree Name: Eric P. Credle Name: Kimberly S. Harrison Title: Manager Tide: Manager Title. Manager Address: Address: Address: 341 X. Main St. 341 N Mann Si. 341 N. Main S1. Troy, NC 27371 Troy, NC 27371 Troy, NC 2 73 71 Name. Peter Seitz Title: Manager Address: 341 N. Main ,St. T rov. NC 27371 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILPTY COMPANIES Eric P. Credle FORM MUST BE SIGNED BY A MANAGER/MEMBER Eric P. Credle 11/7/2012 DAT1i Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 LIMITED LIABILITY COMPANY ANNUAL REPORT E-Filed Annual Report 9256916 Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY. First Troy SPE. LLC REPORT FOR THE YEAR: 2013 SECRETARY OF STATE L.L C ID NUMBER: 1123848 STATE OF INCORPORATION: NC NATURE OF BUSINESS Manager offoreclosed properties ofrelated company. REGISTERED AGENT: Fovles, Kristen Flle/son Esq. REGISTERED OFFICE MAILING ADDRESS: 340 Commerce Avenue, Suite 17B Southern Pares, NC 28387-7168 REGISTERED OFFICE STREET ADDRESS. 340 Commerce Avenue, Suite 17B Southern Pines, NC 28387-7168 Moore County PRINCIPAL OFFICE TELEPHONE NUMBER 910-246-2500 PRINCIPAL OFFICE MAILING ADDRESS: 300 SW Broad Street Southern Pines, NC 28387-5407 PRINCIPAL OFFICE STREET ADDRESS: 300 SW Broad Street Southern Pines, NC 28387-5407 MANAGERS/MEMBERS/ORGANIZERS: Name: Rob Patterson Title: Manager Address. 300 SW Broad Streei Southern Pines, NC 28387 Name: Peter Seitz Title: Manager Address: 300 SW Broad Street Southern Pines, NC 28387 .Nance: Eric P. Credle Title: Manager _ Address: 300 SW Broad Street Southern Pines, A'C 28387 Name - Kimberly S. Harrison Title: Manager Address. 341 N. Main St. Trot NC 27371 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Eric P. Credle FORM MUST BE SIGNED BY A MANAGER/MEMBER Eric P. Credle 11/13/2013 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, January 02, 2013 9:25 AM To: 'Matt Haley' Cc: Casmer, Jo Subject: RE: SW8 060553, Porter's Pointe' Jo, I have processed this return letter. Can you let Matthew know when it is ready for pick up? Thanks, KJ From: Matt Haley [mailto:matt.haley(a)capefearengineering.com] Sent: Wednesday, January 02, 2013 8:45 AM To: Johnson, Kelly Subject: RE: SW8 060553, Porter's Pointe Kelly, You are correct in that the number of lots will decrease by one. I was under the impression that since there was no increase in BUA and no changes to the BMPs this could be handled as a plan revisions. However, if you are telling me that a modification is required, we will re -submit as such. Can you please leave the plan revision package up front and we will have someone come by and pick it up later today. Thanks, Matthew T. Haley - PE, LEED Green Associate Ma� CAPE VEAR ENGINEERING From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.aov] Sent: Wednesday, January 02, 2013 8:09 AM To: Matt Haley Subject: FW: SW8 060553, Porter's Pointe Matthew, I think that the number of lots will change for this permit, so if I don't hear differently from you today I will have to return it tomorrow. Thanks, Kelly From: Johnson, Kelly Sent: Friday, December 21, 2012 8:29 AM To: 'Matt Haley' Subject: SW8 060553, Porter's Pointe Matthew, It sounds like this proposal will reduce the total number of lots by one (from 59 lots to 58 lots), or am I missing something? If the number of lots changes, then this would be a modification because of the change in the permit text/deed restrictions. lust let me know. Thanks, KJ ***My email has changed to kellv.o.iohnson@ncdenr.Kov K_6t'�J oh Viso Vt, Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 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. &A MC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor January 2, 2013 Mr. Jerry Kinlaw, Senior Vice President First Troy SPE, LLC 201 Market St Wilmington, NC 28401 Division of Water Quality Charles Wakild, P. E. Director Subject: APPLICATION RETURN Porters Pointe Subdivision New Hanover County Dear Mr. Kinlaw: Dee Freeman Secretary On December 20, 2012, the Division received an incomplete State Stormwater Management Application for the project listed above. The application is being returned because the application package lacked the necessary elements to accept it for review. Please provide the following information upon the next submittal of this application package: Modification: This application will reduce the number of lots. It is therefore a permit modification rather than a plan revision. 2. Signature Authority: The current Annual Report for First Troy SPE, LLC does not list you as a manager of the LLC. Only managers of this LLC have signature authority. On your resubmittal, please ensure that the documentation is signed by a manager. Please visit DWQ's website at http://h2o.enr.state.nc.us/su/bmp fonns.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at kelly.p.johnson@ncdenr.gov. Sincerely, Ven l Engineer GDS/kpj: S:\WQS\Stormwater\Permits & Projects\2006\060553\2013 01 return_app 060553 cc: Matthew Haley, PE Current Manager, First Troy SPE, LLC, PO Box 508, Troy, NC 27371 Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone. 910-796-72151 FAX: 910-350-20041 DENR Assistance1-877-623-6748 North Carolina Internet wvrvr.nmaterquahtyorg a'Natma l y Completeness Review Checklist Project Name: �_ o�zEQS Received Date: Project Location: Nt{C Accepted Date: Rule(s) El2008 Coastal 1995 Coastal Phase II (WiRO) Universal 01988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod o PR : 0(oo56 3 nPE Cert on File? Density: HD or LD Type: Commercial or Residential F-1NCG+ %: n(% OK?) I Stream Class: nSA Map I nOffsite to SW8 Subdivided?: ORW M Paperwork Emailed Engineer on: 12%%h a 13 F-lSupplement(s) (1 original per BMP) BMP Type(s): MO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) Application with correct/original signatures Li Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer: M$505 (within 6mo) • ffIo57 ?�EAJI PR Soils Report with SHWT Calculations (signed/sealed) 1:1No obvious errors N Density includes common areas, etc !d Restrictions, if subdivided: & Notarized Plans 2 Sets Details (roads, cul-de-sacs, curbs, ' walN Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend nDA Maps C N/18►1i BMPs, Buildings, etc) Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report �PE Cert for Master Lot #: SHWT: Deed Rest for Master Lot # Matches Master Bottom: �SHWT: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Proposed: Proposed: vvvv uoc vi�cr - - ' Date Received Fee Paid (ex ress only) Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM This farm may be photocopied for use as an original 1. GENERAL INFORMATION 1. Stormwater Management Permit Number: SWS 060553 2. Project Name: Porter's Pointe Subdivision 3. Permit Holder's name (specify the name of the corporation, individual, etc.): First Troy SPE LLC 4. Print Owner/Signing Official's name and title (person legally responsible for permit): Jerry Kinlaw, Senior Vice President 5. Mailing Address for person listed in item 2 above: City:Wilmington State:NC Zip:28401 Phone: (910 ) 442-4103 Fax: (910 ) 251-1652 PLAN REVISION INFORMATION 1. Summarize the plan revision proposed (attach additional pages if needed): 11 DEC 2 0 20f2 III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the DWQ Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original & 1 copy of the Plan Revision Application Form Mt'EI • Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) PA-V4- • Application fee of $500.00 (made payable to NCDENR) N t A, VI. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in General Information, item 3) forry Kinlaw certify that I have authorized these plan revisions and that the information included on this plan revision application is, Whe best oflmy knowledge, correct and complete. Date: /,2 ;R 0 -) ?— Plan Revision Form" Rev 13July2010 Page 1 of I Basin Information Drainage Area A Drainage Area B Drainage Area _ Drainalle Area _ Receiving Stream Name Pages Creek Pages Creek Stream Class * SA;HQW SA;HQW Stream Index Number * 18-87-22 18-87-22 Total Drainage Area (sf) 501,657 sf 409,991 sf On -site Drainage Area (sf) 501,657 sf 409,991 sf Off -site Drainage Area (sf) - - [Proposed Impervious Area (sf) 243,993 sf 192,301 sf Impervious Area** (total) 48.64% 46.90% Impervious** Surface Area Drainage Area A Drainage Area B Drainage Area _ Drainage Area _ Olt -site Buildings/Lots (sf) 122,458 sf 112,383 sf On -site Streets (sf) 74,499 sf 60,454 sf On -site Parking (sf) - - On -site Sidewalks (sf) 14,306 sf 7,369 sf Other on -site (so 22,730 sf - Future (sf) 10,000 sf 12,095 sf Off -site (sf) - - Existing BUA*** (sf) - - Total (sf): 243,993 sf 192,301 sf Stream Class and Index Number can be determined at: httn'//nortal ncdenr.orghoeb/zoq/ps/csu/classifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. II. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union County: Contact DWQ Central Office staff to check hf the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirement 00. V. SUPPLEMENT AND O&M FORMS DE (� EZ The applicable state stormwater management permit supplement and operation and me n cc (O&�fo must be submitted for each BMP specified for this project. The latest versions of the f s can be download •fromlit!p://portal.ncdenr.org web/wows/su/bmp-manual. I"' -- — —'---' VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from ht42://portal.ncdenr.org/web/wq/­­ws/­su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at hUp:/ /portal ncdenr org /web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialine in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from htq2://12ortal.ncdenr.org/web/wq/ws/`su/­statesw/forms does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/12ages/onestol2express.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form SWU-101 Version 06Aug2012 Page 4 of 7 CAPE FEAR 'j Engineering, Inc. 151 Poole RoeC, Suite 100 Selvdle, NC 28451 TEL (910)383-1044 FAX (910)383-1045 www, ca pe fearengineering. com To: NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext. Wilmington, NC 28405 7FT-1 Kelly Johnson ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier RECO DEC 2 0 2012 Transmittal Porter's Pointe Subdivision SW8 060553 Plan Revision ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 2 Original & Copy Plan Revision Application Form 1 Original Narrative 2 Copies Revised Page 4 of Stormwater Application with revised Impervious Breakdown 1 Copy Document giving Jerry Kinlaw signatory authority for First Troy 2 Copies Revised Stormwater Plan Sheet SW-1 REMARKS If you have any questions please call me at 383-1044. Thank you, Matt Haley CC: File 750-05 "36" EOE' V G DEC 2 0 2012 By: ---� — Cape Fear Engineeri 11 Signed: Matthew Haley, P.E. Received By: P.V50750-06 F&PORTERS POINTE SDWdmm\STORMWTR\NCOENR\December 2012 Mod,fi lwn 012-12-21 Trans NCDENR dm CAPE FEAR Engineering, Inc. December 21, 2012 Kelly Johnson NCDENR Water Quality Section - Stormwater 127 Cardinal Dr. Ext. Wilmington, NC 28405 RE: Plan Revison for Stormwater Project No. SW8 060553 Porter's Pointe Subdivision New Hanover County Dear Kelly, On behalf of First Troy SPE, Cape Fear Engineering(CFE) is submitting for a Plan Revision to the approved NCDENR State Stormwater Permit for the above referenced project. The reason for the plan revision is a minor revision to the previously approved land plan and alley layout. The modified area has been clouded on the included stormwater drawing. In this area, previously approved lots 31-33 have been combined into new lots 3 1 R & 32R. Additionally, the existing alley pavement has been reduced to 9-ft wide and the alley has been extended between existing lot 30R and new lot 31 R. The previously permitted "Reserve" impervious area for Basin B has been updated based on these changes such that the overall impervious area'hasroot changed. Please note that this plan revision does not affect the previously permitted BMPs. I trust that this information is sufficient to'review and approve the plan revisions for the subject stormwater permit. However, if you have any questions or need any additional information please do not hesitate to contact me. Sincerely 0415MatthL , P.E. CC: CFE File 750-05 "36" ECE�v� OTC R 0 2012 151 Poole Road, 5uite 100 • Belville, NL 28451 • TEL: (910)383-1044 • FAX: (910)363-1045 www capefearengineering. com fl051p75105FB-POR9ERS POINTS SDW.mi TORAWTRWCDENRVe .m ,20I2XRA,fi<a1ronU11312-20Plan Revnx,n Nwruuve tlac rNRITTEN CONSENT TO A177014 WIu HOUT A MEETING OF T tE BOARD OF DIRECTORS OF FIRSr TROY SPE, oC The undersignsd Directors of FirsrTroy SPE, LC, a Nerh Carolina liimited liability company (the "Company"¢. heteby. dUCSI the faNuwing resolution, and each of the undexsigned DIFCCiexS consents in uniting to taking this action, affective September 24, 2012, 2012, and adopting such resolution without holding a meeting_ Officals M the Cnotc)rin WHFRZAS, the Ni31e 0iember 0f iht GornpDny, First Barnk, did appain: as o= March 27, Z012, Messrs, Rob Patterson and Peter Seitz as directors of the Company, and; WHEREAS, the sole member of the Company. First bank. did remove a:. of Aprdl24, 1012. Lis. 'Ieresa NiKon as a diacctot of the Company, and; W)IEREAS, the Board of n irectors of Lire Ccwrpany desires to restate the officers of the Company, effective as September 24, 2012. BE IT Rr5OI VFo temt the fnilow.ng Individuals Eire n0mod as officers of the Company anc thnt any previously named officers rot listed below are no IDngerofficers of the Company effective Immedlately! Name f et ry Oche In re Eric Cradle Rob P'atterson Peter Seitz lefry KE hlasv Kiasten Foyles 5110ia Cole Kim Piarrlson Craig Unwdn Ned Murchison Title Fres:dcnt Executive Vice President ExecvtiVr Vice President Executive Vice President ScniorV-Jc President Vice President Vice President Vice Pre}ldPni Vice President Vice PieyidCnt This WFitten Consent to Action is effective as of 5eptember 24, 2@E2. R , Ivwr4f-R— -- E nc [red It?,Direr-lr i Seir2, DxEccnr - ®' A v� NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor August 28, 2012 Ms. Teresa Nixon, Manager First Troy SPE, LLC PO Box 508 Troy, NC 27371 Division of Water Quality Charles Wakild, P. E. Director Subject: Session Laws 2009-406 and 2010-177 — Permit Extension Stormwater Permit #SW8 060553 High Density — Porter's Pointe Subdivision New Hanover County Dear Ms. Nixon: Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to 3 years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 060553, which was set to expire December 19, 2016, is now in effect until December 19, 2020. Please resubmit the renewal application and fee at least 180 days prior to December 19, 2020, which would be June 19, 2020. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, e Gette ScottStormwater Supervisor Division of Water Quality Gds\arl: S:\WQS\Stormwater\Permits & Projects\2006\060553 HD\2012 08 permit extension 060553 cc. Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance. 1-877-623-6748 NorthCarolina Internet' www.ncxaterquality.og c a mall/ CAPE FEAR Engineering, Inc. 151 Poole Rued, Suite 100 SeMlle, NC 28451 TEL (910) 383-1044 FAX (910)383-)045 www.capefearengineering com To: NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn. Christine Nelson RECO N0\1 3 0 2011 Transmittal Date: November 30, 2011 File. 750-05 "36" Subject. Porters Point Subdivision SW8 060553 Modification Certification ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier II Quantity I Drawing No I Description II 1 1 Original I Certification with clarifications REMARKS If you have anv ouestions please call me at 383-1044. Thank vou. Perry Davis CC' File 750-05 "36" kecarveu Dy Date: PA750175"5 FR-PORTERS POINTE SDWdmirASTORtM`TMNCDENR12011-11-30 Trans NCDENR dm