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HomeMy WebLinkAboutSW8980412_HISTORICAL FILE_20080828STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 R S o4 ) Z DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2009 09 23 YYYYMMDD Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality August 28, 2008 William B. Towles and Brenda H. Towles 6301 Towles Road Wilmington, NC 28409 Subject: State Stormwater Management Permit No. SW8 980412 Renewal Naked King Fish Restaurant, formerly Perkins Restaurant High Density Project New Hanover County Dear Mr and Mrs. Towles: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Naked King Fish Restaurant on August 20, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. The ownership of Permit No. SW8 960503, has been transferred from Brian Smith, S T Group, LLC to William B. Towles and Brenda H. Towles. We are forwarding Permit No. SW8 980412 dated August 28, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until August 28, 2018, 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. The reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this State Stormwater Permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Christine Nelson, or me at (910) 796-7215. Sine ly, Edward Beck Regional Supervisor Surface Water Protectior J &A�C_ Section ENB/can: S:\WQS\STORMWATER\PERMIT\9804,12REN.aug08 cc: Phillip Tripp, Tripp Engineering New Hanover County Building Inspections City of Wilmington Development Services Beth E. Wetherill, New Hanover County Engineering Christine Nelson Wilmington Regional Office Iv `hCarolina J4atura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Wilmington Regional Office Internet: www.ncwatergualitYora Fax (910)350-2004 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/1 0% Post Consumer Paper Customer Service 1-877-623-6748 State Stormwater Management Systems Permit No. SW8 980412 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 William B. Towles & Brenda H. Towles Naked King Fish Restaurant 6828 Market Street, Wilmington, New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 28, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 34,642 square feet of impervious area. 3. This basin must be operated with a 50' vegetated filter. 4. The tract will be limited to the amount of built -upon area indicated in Section 1.7 on page 3 of this permit, and per approved plans. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 980412 7 The following design criteria have been permitted for the infiltration basin and must be provided and maintained at design condition: a. Drainage Area, 9cres: Onsite, ft : Offsite, ftZ: b. Total Impervious Surfaces, ftZ: Building, Parking, ft :Z Sidewalk, ft : C. Design Storm, inches: d. Basin Depth, feet: e. Bottom Elevation, FMSI : f. Bottom Surface Area, ft : g. Bypass Weir Elevation, FMSY h. Permitted Storage Volume, ft i. Type of Soil: 1 Expected Infiltration Rate, in/hr: k. Seasonal High Water Table, FMSL: I. Time to Draw Down, hours: M. Receiving Stream/River Basin: n. Stream Index Number: o. Classification of Water Body: It. SCHEDULE OF COMPLIANCE 1.5 65,340 None 34,642 4,400 28,352 1,890 8 4 44 3,533 48 24,214 Kureb Sand 6 41 13 Howe Creek / Cape Fear River 18-87-23 "SA, HQW" 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. 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 3 of 7 State Stormwater Management Systems Permit No. SW8 980412 6. 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. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. Access to the stormwater facilities shall be maintained via appropriate recorded easements at all times. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. At the time the permit is transferred to a new owner, the permittee shall forward the approved plans to the new owner. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form to the Division of Water Quality, signed by both parties, and accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 980412 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. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit remains in force and effect until modified, revoked, terminated, or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, renewal or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this 28th day of August 2008. NOR CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1'14z- for Goleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Systems Permit No. SW8 980412 Naked King Fish Restaurant Stormwater Permit No. SW8 980412 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No. SW8 980412 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet / bypass structure weir elevation is per the approved plan. 6. The outlet / bypass structure is located per the approved plans. 7. A 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. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. 15. All components of the stormwater BMP are located in either recorded common areas or recorded easements. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections Page 7 of 7 AUG 20,2008 11:47A Tripp Engineering 9107635631 page 1 Job No. 08049 r. r: 1: 1111111 TRiPP ENGINEERING, P.C. 419 Chestnut Street, Wilmington, NC 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 7AUG2 -072M Email: trippcng(),ec.rr.com LETTER OF TRANSMITTAL To: NCDENR Attention: Pat Durrett Subject: Naked King Figh (testaurant SWS0980412 X FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER _ a I am sending you: ( X) ATTACHED ( ) UNDER SEPARATE COVER ( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( X ) Other CgDles Item No Description 1 Engineer's Certification These are transmitted as checked below: ( ) For Approval ( X ) For Your Use ( ) Sign & Return ( ) Review Remarks; -.This d complgte the oqperwork for the. stormwater rene al and name/ownership chance Please contact us if you have any questlons of need gddiional information. Thank You cc:_William Towles Signed: Phillip Tripes AUG 20,2008 11:47A Tripp Engineering 9107635631 page 2 TE 008049 State Stormwater Management Systems Permit No. SW8 980412 Naked King Fish Restaurant Stormwater Project No. SW8 980412 New Hanover County Engineer's Certification I, Phillip G. Tripp as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekty/fatt time) the construction of the project, Naked King Fish Restaurant (Project) for William B. Towles (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date ���ttnu►►�EAL R� H CqR All. Q F tssioy �i2%S REAL 9 i)a74 4� �REGOR`,��.• AUG 20,2008 11:47A Tripp Engineering 9107635631 page 3 State StormwaterManagement Systems Permit No. SW8 980412 Certification Requirements: Page 2 of 2 -1-1. 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. A-3. All the built -upon area associated with the project is graded such that the runoff drains to the system. ,jo[_4. All roof drains are located such that the runoff is directed into the system. M5. 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. a-8, all slopes are grassed with permanent vegetation. &J2XI 9. Vegetated slopes are no steeper than 3:1. 12-10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 011. The permitted amounts of surface area and/or volume have been provided. -9-12. Required drawdown devices are correctly sized per the approved plans. ;13. All required design depths are provided. 0 14, All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. III DWQ USE ONLY Date ReceiyAM Fee Paid Permit Number �i State of North Carolina xz�(114!5_w14pz_ Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): William B. Towles and Brenda H. Towles 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): William B. Towles, Owner 3. Mailing Address for person listed in item 2 above: 6301 Towles Road CityMihnington State:NC Zip:28409 Phone: (910 ) 350-0002 Fax: ( ) Email: 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Naked King Fish Restaurant 5. Location of Project (street address): 6828 Market Sheet CilyMilmington County:New Hanover Zip:28405 6. Directions to project (from nearest major intersection): Approx. 400 If South from the intersection of US Flwy 17 and SR 2048 (Gordon Road). Site is on left. 7. Latitude:34° 15' 39" N Longitude:77° 49' 48" W of project 8. Contact person who can answer questions about the project: Name:Phillip Tripp Telephone Number: (910 ) 763-5100 Emai I: trippengQec. rr.co m IL PERMIT INFORMATION: 1, Specify whether project is (check one): ❑New ®Renewal ❑Modification Form SWU-101 Version 03.27.08 Pagel of4 2: If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit numberSW8 980412 and its issue date (if known)07/08/1998 3. Specify the type of project (check one): ❑Low Density ®High Density ❑Redevelop ❑General Permit ❑Universal SMP ❑Other 4. 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 0404/401 Permit ❑NPDES Stormwater ❑I. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Property Area:1.50 acres 4. Total Wetlands Area: 0 acres 5. 100' Wide Strip of Wetland Area: NA acres (not applicable if no wetlands exist on site) 6. Total Project Area**:1.50 acres 7. Project Built Upon Area:53.0 8. Flow many drainage areas does the project have?1 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. For high density projects, con lete the table with one drainage area for each engineered stormwater device. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Howe Creek Stream Class & Index No. SA ORW, Total Drainage Area (so 65,340 sf On -site Drainage Area (so 65,340 sf Off -site Drainage Area (so - Existing Impervious* Area (so 34,642 sf Proposed Impervious*Area (sf) I - Impervious* Area (total) 1 53.0% Impervious* Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings (so 4,400 sf On -site Streets (so - On -site Parking (so 28,352 sf On -site Sidewalks (so 1,890 sf Other on -site (so - Off -site (sf) - Total (so: 34,642 sf * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **Total project area shall be calculated based on the current policy regarding inclusion of Wetlands in the built upon area percentage calculation. This is the area used to calculate percent project built upon area (BUA). Form SWU-101 Version 03.27.08 Page 2 of 10. How was the off -site impervious area listed above IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Forms can be downloaded from http•//h2o.enr.state.nc.us/su/bmp forms.hhn - deed restrictions. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each 13MP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Forms can be downloaded from htto://h2o.enr.state.nc.us/su/bmp forms.htm. Form SW401-Low Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Form SW401-Permeable Pavement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Permeable Pavement Supplement Form SWU-101 Version 03.27.08 Page 3 of V1. 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 appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at littp://h2o.enr.state.nc.us/su/msi maps.htm) Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form Ini i s tm • Original and one copy of the Deed Restrictions & Protective Covenants Form (if required as per Part IV above) • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP �I • Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soils report • Two copies of plans and specifications (sealed, signed & dated), including: -A - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. (ex. designing engineer or firm) Designated agent (individual or firm)i Tripp Engineering Mailing Address:419 Chestnut Street City:Wilmington State:NC Zip:28401 Phone: (910 ) 763-5100 Email trippeng@ec.rr.com Vill. APPLICANT'S CERTIFICATION Fax: (910 ) 763-5631 I, (print or type name of person listed in General Information, item 2) Willinrn B. Totoles 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 15A NCAC 2H .1000. Signature: t4 ...&'V /d � Date: %,? - 68' Fomr SWU-101 Version 03.27.08 Page 4 of 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 WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW8 980412 2. Permit Holder's name: S T Group, LLC 3. Signing official's name: Brian Smith Title: Owner (person legally responsible for permit) 4. Mailing address: 1903 Inverness Lane City: Wilmington State: NC ZipCode: 28405 Phone: 910-256-4791 FAX: (Area Code and Number) (Area Code and Number) 11. NEW OWNER I PROJECT I ADDRESS INFORMATION This request is for: (please check all that apply) X a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) X b. Name change of project (Please complete Item #5 below) X C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: William B. Towles 3. New owner's signing official's name and title: William B. Towles Owner (Tale) 4. New Mailing Address: 6301 Towles Road City: Wilmington State: NC ZipCode: 28409 Phone:910-350-0002 FAX: (Area Code and Number) (Area Code and Number) 5. New Project Name to be placed on permit: Naked King Fish Restaurant Page 1 of 2 North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748 Wilmington Regional Once Wilmington, NC 28405-3845 FAX (919)733-2496 Internet: h2o.enrstalamc.us NorthCarolina I PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, Brian Smith , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. i Signature: ��i/Tj�� �1 Date: a New Applicant's Certification: (Must be completed for all transfers of ownership) I, William B. Towles , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 ATTN: Linda Lewis Page 2 of 2 •'ti'��-'a s., ✓:5.� l,. S.,,i y•� .. 't., 1:.. ... )i1 :. fj �1 .... ..r ... .i� .... .'+�•. .. - .�/' �lr r � •? +. � .+ - : .-.. .. ... a ^,I .�,: _ r TRwP ENGINEERING, P.C. 0 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 July 2, 2008 NCDLNR Division of Water Quality 11 ll. 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Pat Durrett Re: Naked King Fish Restaurant "1 V' Permit No. SW8 980412 0 2 2008 New Hanover County, NC TG 08049 �. Dear Pat: Please find enclosed a stormwater renewal application, operation and maintenance agreement, name/ownership change .form, and check for the above referenced project. In response to your correspondence, dated June 18, 2008, the repairs are currently being made in order to bring the site into compliance. We will provide the engineer's certification as soon as the work has been completed. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tng neeri1P. Ali p, PG'f:dcb Enc. PCRFg gingfish, Inc. 008 tion 6 of the above lease provides: Lessee will construct improvements upon the leased premises for use as a restaurant. Lessee will be responsible for and pay all costs and expenses of such construction, including, but not limited to, the costs and expenses associated with government approvals, impact fees, preparation of drawings and plans, clearing, grading, site preparation, surveying fees, engineering fees and permitting fees. Section 10 of the above lease further provides: Lessee shall maintain all improvements on the leased premises and all landscaping around said improvements in a sound condition and in a neat appearance and pay all costs for said maintenance. Please give this matter your prompt attention. Very truly yours, STEVENS, MCGHEE, MORGAN, LENNON & CARTE—�R, L+�L-.P. BX..y�\ rm/hs Encl. Via certified mail, return receipt requested CC: Mr. William B. Towles Mr. Herb Fisher, w/encl. Mr. Edward Beck, w/encl. STEVENS, MCGHEE, MORGAN, LENNON & CARTER, L.L.P. ATTORNEYS AND COUNSELORS AT LAW 602 MARKET STREET JOHN A. STEVENS (1 895- 1990) WILMINGTON. N. C. 28401 KARL W. MCGHEE (1 923- 198 1 ) 91 0-763-3666 RICHARD M. MORGAN MAILING ADDRE53: ALTON Y. LENNON P. D. DRAWER 59 MARK F. CARTER WILMINGTON. N.C. 25402 FACSIMILE: 9 1 0-25 1 -9552 May 28, 2008 Mr. C. M. Rogers Mr. Ronald Saucier The Naked Kingfish, Inc. 6828 Market Street Wilmington, NC 28405 Dear Mr. Rogers and Mr. Saucier: �EC�IV.ED MAY 3 0 2008 BY:_ Pursuant to the assignment and assumption agreement you entered into with ST Group, LLC, dated February, 2003, you agreed to be bound under the terms of the lease dated March 26, 1998, between ST Group, LLC, and William B. Towles and wife, Brenda H. Towles, as amended, and to perform, jointly and severally, the obligations of ST Group, LLC, under the lease. Enclosed is a copy of a letter dated April 2, 2008, which was mailed to Mr. and Mrs. Towles at 6828 Market Street. You may have already seen this letter. The letter was mailed to Mr. and Mrs. Towles at their home address on May 21, 2008, and they received it on May 23, 2008. The permit referred to in the letter was obtained by and issued to ST Group, LLC. Mr. and Mrs. Towles had nothing to do with obtaining the permit and it was not issued to them. As you know, Mr. and Mrs. Towles ground leased the property to ST Group, LLC, and have had nothing to do with the construction or operation of the restaurant on the property, and do not now have anything to do with operation or maintenance of the restaurant. Please take immediate steps to renew the permit referred to in the enclosed letter. Under the terms of the above lease, you are responsible for obtaining all permits necessary for the construction of the restaurant and maintenance of the improvements on the leased premises. If the permit is not renewed, you may very well not be able to continue to operate the restaurant on the leased premises, and may very well be liable for the penalties referred to in the enclosed letter. Under the terms of the above lease, you are obligated to pay the rent and other amounts due under the lease regardless of whether or not you are operating a restaurant on the leased premises. Mr. C. M. Rogers Mr. Ronald Saucier The Naked Kingfish, Inc. May 28, 2008 Page 2 Section 6 of the above lease provides: Lessee will construct improvements upon the leased premises for use as a restaurant. Lessee will be responsible for and pay all costs and expenses of such construction, including, but not limited to, the costs and expenses associated with government approvals, impact fees, preparation of drawings and plans, clearing, grading, site preparation, surveying fees, engineering fees and permitting fees. Section 10 of the above lease further provides: Lessee shall maintain all improvements on the leased premises and all landscaping around said improvements in a sound condition and in a neat appearance and pay all costs for said maintenance. Please give this matter your prompt attention. rm/hs Encl. Very truly yours, STEVENS, MCGHEE, MORGAN, LENNON & CARTER, L.L.P. BY-19AZ qA9� Via certified mail, return receipt requested CC: Mr. William B. Towles Mr. Herb Fisher, w/encl. tMr.-Edward Beck, w/encl. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen rL Sullins Director Division of Water Quality April 2, 2008 Mr. and Mrs. William Towles The Naked King Fish 6828 Market Street Wilmington, NC 28405 Subject:: Stormwater Permit No. SW8980412 The Naked King Fish, Inc. New Hanover County Dear Mr. and Mrs. Towles: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980412 to S T Group, LLC for a High Density pond to serve Perkins Restaurant, Ogden on 7/8/1998. This permit will expire on 7/8/2008. We are aware that the Permitee has been dissolved, but as the current owner of the property, you are responsible for obtaining a permit to operate the facility. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of.up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Sin ely, 4 Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office - c"ItCarolina XJ wffrallil North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality ore Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: City: State: Zip: Phone: ( ) Fax: I ) Email: 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Location of Project (street address): 6. Directions to project (from nearest major intersection): 7. Lati Longitude: 8. Contact person who can answer questions about the project: Name: Telephone Number: Email: If. PERMIT INFORMATION: 1. Specify whether project is (check one): New ❑Renewal of project QModification Form SWU-101 Version 8.07 Page I of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): []Low Density []High Density []Redevelop ❑General Permit Universal SMP ❑Other 4. Additional Project Requirements (check applicable blanks): ❑CAMA Major []Sedimentation/Erosion Control []404/401 Permit ❑NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. hi the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. 2. Stormwater runoff from this project drains to the 3. Total Site Area: acres 5. 100' Wide Strip of Wetland Area: -a 6. Total Project Area"': acres River basin. 4. Total Wetlands Area (not applicable if no wetlands exist on site) 7. Project Built Upon 8. How many drainage areas does the project have? 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Stream Class & Index No. Drainage Area (so Existing Impervious" Area (so Proposed Impervious *Area (so % Impervious" Area (total) Impervious* Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings (so On -site Streets (so On -site Parking (so On -site Sidewalks (so Other on -site (so Off -site (so Total (so: Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. "'Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. Form SWU-101 Version 8.07 Page 2 of 4 10. How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SW401-Low Density Low Density Supplement Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off-Site System Off -Site System Supplement Form SW401-Wet Detention Basin Wet Detention Basin Supplement Form SW401-Infiltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Bioretention Cell Bioretention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Form SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW40'I-Sand Filter Sand Filter Supplement Form SWU-101 Version 8.07 Page 3 of 4 ' 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. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at http://h2o.e6r state nc us/su/msi maps htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions & Protective Covenants Form • Original of the applicable Supplement Form(s) and O&M agreements) for each BMP • Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soil report • Three copies of plans and specifications (sealed, signed &elated), including: Development/Project name Engineer and firm Legend North arrow - Scale - Revision number & date - Mean high water line Dimensioned property/project boundary Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevations Details of roads, drainage features, collection systems, and stormwater control measures Wetlands delineated, or a note on plans that none exist Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated Vegetated buffers (where required) VIl. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Mailing Address: City: State: Phone: ( I Fax: ( Email: VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) 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 15A NCAC 21-1 ,1000. Date: Form SWU-101 Version 8.07 Page 4 of 4 PERMIT NAMEIOWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND TH E N APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: 1, , attest that this application for a name/ownership change has een reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: NOW Applicant's Certification: (Must be completed for all transfers of ownership) 1, , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature:, THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Page 2 of 2 � —I Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleco H. Sullins, P.E. Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: 2. Permit Holder's Name: 3. Signing official's Name: Title: 4. Mailing Address: (person legally responsible for permit) City: State: Zip: Phone: ( ) Fax: ( 1 II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) c. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: 3. New owner's signing official's name and title: Title: 4. New Mailing Address: City: State: Zip: Phone: ( ) Fax: ( ) 5. New Project Name to be placed on permit: Page 1 of 2 NoOE Carolina �umaay North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterqualitv.org Fax (910) 350-2004 1-877-623-6748 Permit Number: (to be provided by DWQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: oblem: How I will remed7plant The entire BMP Trash/debris is resent. Remove the trash/ The perimeter of the infiltration basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil ifto remove the gully, lant aground cover and l it isestablished. Provid aone-time fertilizer n. The inlet device: pipe or swale The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or otherwise damaged (if Replace the pipe. applicable), Erosion is occurring in the swale (if applicable). Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future nrnhle.. with erosion. Form SW401-infiltration Basin O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: I How I will remediate the roblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion roblems. Weeds are present.. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than s ra in . The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately., Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive re air. Weeds and noxious plants are growing in the main Remove the plants by hand or by wiping them with pesticide (do not treatment area. s ra The embankment Shrubs or trees have started Remove shrubs or trees to row on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the outlet. Quality 401 Oversight Unit at 919- 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project BMP drainage area number: Print Title: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 project name: Stormwater Permit No. SW8 County Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date M Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff 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, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office County Building Inspections Permit Number: (to be provided by DWQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: Mow 1 will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. "the pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form S W401-Infiltration Basin O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project BMP drainage urea dumber: Print name Title:— Address:— Phone: — Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT or THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS 8 LEGISLATION KBBE B28 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 3/11 /2008 Click here to: View Document Filings I Sign Up for E-Notifications 1 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC THE NAKED KINGFISH, Legal INC. Business Corporation Information SOSID: 0662589 Status: Current -Active Date Formed: 2/6/2003 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Saucier, Ronald E Registered Office Address: 6101-a Market Street Wilmington NC 28405 Registered Mailing Post Office Box 119 Address: Wrightsville Beach NC 28480 Principal Office Address: 6101-a Market Street Wilmington NC 28405 Principal Mailing Address: No Address Stock Class Shares No Par Value Par Value Common 10000 Yes N/A For questions or comments about the Secretary of State's web site, please rend e-mail to Webmastar. http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitelnld=5612185 3/11/2008 New Hanover County Page 1 of 1 Search for: Tax Year 2007 Parcel ID R04300.005-008-000 R04300-005-008-OOA , Owner Name TOWLES WILLIAM BRENDA H THE NAKED KINGFISH INC Results 1 - 2 of 2 Number Street 6828 MARKET 6828 MARKET Dir Roll LUC RP 584 RP 584 http://etax.nlicgov.com/Search/PrintSearch.aspx?PrintAl1=1 &type=ADDRESS&slndex= l 3/11 /2008 Read: Naked Fish (aka Perkins)] Subject: Read: Naked Fish (aka Perkins)] From: "Phillip Tripp" <trippeng@ec.rr.com> Date: Fri, 15 Oct 2,004 14:17:10 -0400 To: <Linda.Lewis@ncmail.net> This is a receipt for the mail you sent to "Phil Tripp" <trippeng@ec.rr.com> at 10/14/2004 3:26 PM This receipt verifies that the message has been displayed on the recipient's computer at 10/15/2004 2:17 PM Final -Recipient: rfc822;Linda.Lewis@ncmail.net Original -Recipient: rfc822;rfc822 Original -Message-ID: <416ED2FF. 6040202@ncmail. net> Disposition: manual-action/MDN-sent-manually; displ Content -Type: message/disposition-notification 1.1 Content -Encoding: 7bit l of 1 10/15/2004 5:21 PM Entity Names Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE •Corporations Home *Important Notice *Corporate Forms/Fees •Corporations FAO,, *Tobacco Manufacturers *Verify Certification *Online Annual Reports Links •Secretary Of State'Home •Business License *Register for E-Procuremen ODept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 *Corporations 1997 •Other Legislation Search *By Corporate Name •For New Corporation *By Registered Agent Online Orders *Start An Order l; *New Payment Procedures } PO Box 29622 Raleigh, NC 27626-0622 (919)807.2225 Date: 9/3/2004 Click here to: View Document Filings I 'Print a pre -populated Annual Report Form I File an Annual Report 1 Corporation Names Name Name Type NC ST Group, LLC Legal Limited Liability Company Information SOSID: 0446916 Status: Dissolved Date Formed: 1/8/1998 Citizenship: Domestic State of Inc.: NC Duration: 12/31 /2099 Registered Agent Agent Name: Smith, W. Brian Registered Office Address: 809 Swift Wind Place Wilmington NC 28405 Registered Mailing 809 Swift Wind Place Address: Wilmington NC 28405 Principal Office Address: 809 Swift Wind Place Wilmington NC 28405 Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms. http://www.secretary.state.ne.us/Corporations/soskb/Corp.asp?4725622 9/3/2004 Entity Names Page I of I Elaine F. Marshall Secretary •Corporations Home *Important Notice *Corporate Forms/Fees *Corporations FAQ *Tobacco Manufacturers *Verify Certification •Online Annual Reports Links •Secretary Of State Home •Business License *Register for E-Procuremen *Dept. of Revenue;, Legislation: 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 •Corporations 1997 •Other Legislation Search •By Corporate Name •For New Corporation •By Registered Agent Online Orders *Start An Order *New Payment Procedures North Carolina DEPARTMENT OF THE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807.2225 Date: 9/3/2004 Click here to: View Document Filings i Print a pre -populated Annual Report Form i File an Annual Report i Corporation Names Name Name Type NC THE NAKED KINGFISH, Legal INC. Business Corporation Information SOSID: 0662589 Status: Current -Active Date Formed: 2/6/2003 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Saucier, Ronald E Registered Office Address: 107 W Salisbury St Wrightsville Beach NC 28480 Registered Mailing 107 W Salisbury St Address: Wrightsville Beach NC 28480 Principal Office Address: No Address Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. I'. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms. http://www.secretary'.state.ne.us/Corporations/soskb/Corp.asl)?5612185 9/3/2004 SOSID: 0446916 Date Filed: 1/13/2004 1:15:00 PM Effective: 9/1 /2003 Elaine F. Marshall North Carolina Secretary of State State of North Carolina C200400800095 Department of the Secretary of State ARTICLES OF DISSOLUTION OF LIMITED LIABILITY COMPANY Pursuant to §57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. 1. The name of the limited liability company is: ST Group, LLC. 2. The dates of filing of its Articles of Organization and all amendments thereto are as follows: Articles of Organization filed January 8, 1998 and Articles of Amendment filed June 9, 1998. 3. The reason for filing the Articles of Dissolution is as follows: consent of Members. 4. The effective date (which shall be date ce ' t) of the dissolution, as determined in accordance with N.C.G.S. §57C-6-01, is 2003. 5. Attach any other information.determined by the members or managers filing these articles. This the dayy f2003. Notes: Filing fee is $30. This document and one exact or confomud copy of these articles must be filed with the Secretary of State. (Revised January1000) (Form L-07) CORPORATIONS DIVISION P.O. BOX 29622 RALEIOH, NC 27626-0622 WRITTEN CONSENT OF MEMBERS OF ST GROUP, LLC The undersigned, being all of the Members of ST GROUP, LLC, a North Carolina limited liability company (the "Company), adopts the following resolutions by signing their written consent. WHEREAS, the Members deem it in the best interests of the Company to adopt and approlve the dissolution of the Company; RESOLVED FURTHER, that the Members and appropriate officers of the Company hereby are authorized to file, or to cause to be filed, Articles of Dissolution (collectively, the "Articles") with the Secretary of State of North Carolina effecting the dissolution hereby approved, and to execute and file such other documents and to take such other action as they shall deem necessary or appropriate to effectuate said dissolution. NOW, THEREFORE, IT IS RESOLVED that the Articles are approved by the Members of the Company; RESOLVED FURTHER, that the appropriate Members or officers of the Company are authorized and directed to execute and deliver on behalf of the Company such other documents, certificates, instruments and agreements, and to take such actions as they deem necessary or appropriate in connection with the transactions contemplated by the foregoing resolutions; and RESOLVED FURTHER, that any and all actions taken on or prior to the date hereof by the Members or officers of the Company in connection with the proposed dissolution contemplated by the Articles and any other actions in connection therewith are ratified and adopted as the actions of the Company, effective as of the dates such actions were taken. This action and these resolutions are effective as of the IJrof �, 2003. I ST GROUP LL By W. BrifiZS ith, McAmopr/Manager B� �• Y Jo B. Talbert, Jr., Member anger Lr r .1 013S 9066 STATE OF NORTH CAROLINA DEPARTMENT OF SECRETARY OF STATE ARTICLES OF INCORPORATION SOS1D: 662589 Date Filed: 2/6/2003 1:04:00 PM Elaine F. Marshall North Carolina Secretary of State Pursuant to §55-2-02 of the General Statutes of North Carolina, the undersigned, acting as the incorporator of the corporation, does hereby submit these Articles of Incorporation for the purpose of forming a business corporation. ARTICLE I NAME The name of the corporation is THE NAKED KINGFISH, INC. ARTICLE 11 AUTHORIZED SHARES The number of shares the corporation is authorized to issue is 10,000, all of one class, designated as common stock. ARTICLE n 1 THE REGISTERED OFFICE AND AGENT Section 1. The street address and county of the initial registered office of the corporation is: 107 West Salisbury Street, Wrightsville Beach, New Hanover County, North Carolina 28480. The mailing address if different from the street address of the initial Registered Office is: 107 West Salisbury Street, Wrightsville Beach, New Hanover County, North Carolina 28480. Section 2. The name of the initial registered agent is Ronald E. Saucier. ARTICLE 1V DATA RESPECTING INCORPORATOR The name and address of the incorporator is: James A. MacDonald Allen, MacDonald and Davis, PLLC 1508 Military Cutoff Road, Suite 102 Wilmington, NC 28403 This the _lday of February, 2003. 7 es A. MacDonald, Incorporator INFILTRATION BASIN ANALYSIS PROJECiAME: Perkins Restaurant 1Pages-Creek DRAINAGE BASIN: SITE AREA: 65340 SF IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER %IMPERVIOUS= 53.0180594 % ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED HYDRAULIC CONDUCTIVITY SURFACE AREA OF BASIN BOTTOM SURFACE AREA AT STORAGE ELEVATION BOTTOM ELEVATION OF BASIN STORAGE ELEVATION VOLUME / DEPTH / DRAWDOWN CALCULATION TOTAL VOLUME TO INFILTRATE TOTAL VOLUME AVAILABLE DEPTH OF RUNOFF TIME TO DRAWDOWN FILENAME: S:\WQS\INBASIN\980412.WK1 PROJECT #: 980412 DATE: CLASS: SA (i W REVIEWER: at] DRAINAGE AREA: 65340 SF 4400 SQUARE FEET 28352 SQUARE FEET 1890 SQUARE FEET SQUARE FEET TOTAL 34642 SQUARE FEET RV= .05 +.009 (1)= 0.52716253 41 FEET MSL 0.5 CF/HR/SF @44 3533 SQUARE FEET r@i 48 8574 SQUARE FEET 44 FEET MSL 48 FEET MSL 22963.2 CUBIC FEET 24214 CUBIC FEET 3.793376 FEET 12.99926 HOURS MUST BE <120 COMMENTS Volume and drawdown are (not) within Design Requirements. 08-Jul-98