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HomeMy WebLinkAboutSW8190601_Current Permit_20190701ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director July 1, 2019 NC Shallotte Smith, LLC, Purchaser Attn: Philip J. Wilson, Member -Manager 550 South Main Street, Suite 300 Greenville, SC 29601 NORTH CAROLINA Environmental Quality BYWY, LLC, Current Property Owner Attn: William D. Ratley, Member -Manager 1927 Oak Harbour Drive SW Ocean Isle Beach, NC 28469 Subject: State Stormwater Management Permit No. SW8 190601 NC Shallotte Smith High Density Project Brunswick County Dear Mr. Wilson and Mr. Ratley: The Wilmington Regional Office received a complete, State Stormwater Management Permit Application for the subject project on June 28, 2019. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC . 02H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW8 190601 dated July 1, 2019, for the construction of the built -upon areas (BUA) and stormwater control measures (SCMs) associated with the subject project. This permit shall be effective from the date of issuance until July 1, 2027 and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. The designated permit holder, NC Shallotte Smith, LLC ("Purchaser") shall be responsible for meeting the conditions and limitations specified therein. As required for compliance, a copy of the final deed listing the Purchaser as the Property owner must be submitted within 30 day. of the Property being purchased. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. Please be aware that it is the responsibility of the permit holder, the Purchaser, to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the purchase agreement or contract between the Purchaser and BYWY, LLC ("Property Owner") is dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit, then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C being taken against the Property Owner. 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 150B 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 I;; _ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources ��/�j Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CArQUNq °d"r 910.796.7215 State Stormwater Permit No. S W 8 190601 Page 2 of 2 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 concerning this permit, please contact Garrett Zorda in the Wilmington Regional Office, at (910) 796-7215 or garrett.zorda@ncdenr.gov. Sincere�lC�_l ,36. Daniel Uth., Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Designer's Certification Form Application Documents GDS/gdz: %StormwaterTermits & Projects12019U90601 HD\2019 07 permit 190601 cc: J. Christian Russell, PE, East Coast Engineering Brunswick County Engineering Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 190601 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO NC Shallotte Smith, LLC NC Shallotte Smith 129 Smith Avenue, Shallotte, Brunswick County FOR THE construction, management, operation and maintenance of built -upon area (BUA) as well as two (2) wet detention ponds ("stormwater control measures" or "SCMs") as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until July 1, 2027 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening .and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 717,865 square feet. The runoff from all BUA within the permitted drainage areas of this project must continue to be directed into the permitted SCMs. The following specific requirements pertain to the BUA on this project: a. SCM BUA LIMITS. The SCMs labeled Stormwater Pond #1 and Stormwater Pond #2 have been designed using the runoff treatment method to handle the runoff from 676,178 square feet and 41,687 square feet of BUA, respectively, within the delineated drainage areas. The BUA for future development within the drainage areas to the SCMs labeled Stormwater Pond #1 and Stormwater Pond #2 is limited to 18,364 square feet and 0 square feet, respectively. b. BUA FOR INDIVIDUAL LOTS. The two outparcels labeled Outparcel #1 and Outparcel #2 are limited to a maximum of 41,687 square feet and 64,218 square feet of BUA, respectively, as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. Page 1 of 6 State Stormwater Management Permit No. SW8 190601 2. OFFSITE LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by the permittee shall submit a separate off -site stormwater permit application to the Division and receive approval prior to construction. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the non- residential lot has obtained the separate off -site stormwater management permit. 3. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project: a. SCM DESIGN. The SCMs are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. b. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety during construction. After the plants are established, the operation and maintenance agreement must be followed. c. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet pond. Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes d. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water be maintained in the permanent pool, the vegetated shelf is planted with appropriate species that can handle fluctuating conditions, and human health issues are addressed. 4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. The runoff from the entire BUA of the development is collected, treated, and discharged so that it passes through a segment of the vegetated buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements_ This allows BUA to be placed within the vegetated setback as shown on the approved as -built plans. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. FINAL DEED. A copy of the final deed listing NC Shallotte Smith, LLC ("Purchaser") as the property owner must be submitted within 30 days of the property being purchased. b. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. c. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. Page 2 of 6 State Stormwater Management Permit No. SW8 190601 d. FINAL PLATS. The final recorded plats_must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. e. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 190601, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) for the two outparcels labeled Outparcel #1 and Outparcel #2 is 41,687 square feet and 64,218 square feet of BUA, respectively. This allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. viii. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. ix. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. X. 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 NCGS 143, Article 21 _ A. Each non-residential lot within the subdivision whose ownership is not retained by the permittee, must apply for and receive a separate offsite stormwater management permit from the Division prior to construction. f. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. a. SCM OPERATIONAL PRIOR TO DEVELOPMENT. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are converted to SCMs. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. Page 3 of 6 State Stormwater Management Permit No. SW8 190601 8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11 PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(3). 12. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. Page 4 of 6 State Stormwater Management Permit No. SW8 190601 13. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. PURCHASE AGREEMENT. It is the responsibility of the permit holder, the Purchaser, to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit_ However, if the purchase agreement or contract between the Purchaser and BYWR, LLC ("Property Owner") is dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit, then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner. b. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; V. Bankruptcy, vi. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 14. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. Page 5 of 6 State Stormwater Management Permit No. SW8 190601 c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. 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 NCGS 143 Article 21. f. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. g. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 11t day of July 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Daniel Srrgth, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 190601 Page 6 of 6 State Stormwater Management Permit No. SW8 190601 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Wet Detention Pond Project A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 190601 AS -BUILT PERIVIITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. H Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature I, County of a Notary Public in the State of do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Plm�v d� T N/A A DEED RESTRICTIONS / RUA REC_..^_.R1:p3 1. The deed restrictions and protective covenants have been recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. Y or N 2. A copy of the recorded deed restrictions and protective covenants has been provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N � B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance system are located in recorded drainage easements. Y or N 2. A copy of the recorded plat(s) is provided. Y or N D. SMGLE FAI6,HLY RESIDFJMAL LOTS - FLts for residential lots tbat have an SCM include the followin : Y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior apyroval. Y or N E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and appears in the chain of title. y or N F. OPERATION AND MAINTENANCE PLAIN -- maintenance records are being kept it s known set location for each SCM and are available for re►riev.. i Y or It I G. DESiGNER S CERTIFICAT'I0- NIT FORM — has been provided to t e i Division. Y or N (vote 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Page 1 of 6 State Stormwater Management Permit No. SW8 190601 Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 6 State Stormwater Management Permit No. SW8 190601 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. ©N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. Consultant's Certificaticm NCAC .1Q03((3) & General MDC .1050 OAs-built I ®N/E I ON/A I A. I-RIATMENT ]REQUIREMENTS ' 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM Y or N that meets therequirements of the MDC. 6. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N )�. VEGETATED SETBACKS I BNA 1. The width of the vegetated setback has been measured from Y or N the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at the Y or N edge of the setback and allowed to flow through the setback as dispersed flow. Page 3 of 6 State Stormwater Management Permit No. SW8 190601 --- - -- -- - Ur' As -built OWE ON/A C. STORMWATER OUTLETS --the outlet hang e�sl the p�k� fog ! ftm the ll O��ar storm with no downs lope erosion. " Y 'op N i D. VARIATIONS f� 1. A variation (alternative) from the stormwater rule provisions has been implemented. Y or N 2. The variation provides equal or better stormwater control and _ e ual or better protection of surface waters. Y or N _ E. CO LIANCE WITHI OTHIER GUI,A OR � Y N PROGRAMS h been met. cr j Y. SIZPi'G -the volume of the SCM takes the runoff from a�'I ^� surfaces into account and is sufficient to handle the required storm Y cr N ' de Ihh•_ i G. CONTAMINATED SOILS — infiltrating SCM's are mt locate Y - r N in or on areas with contaminated soils. H. SIDE SLOPEN �1. Y or N Vegetated side slopes are no steeper than 3H:IV. 2. Side slopes include retaining walls, gabion walls, or other Y or N surfaces that are steeper than 3H:IV. 3. Vegetated side slopes are steeper than 311:1 V (provide Y or N supporting documents for soils and vegetation). L EROSION PROlICTIOIy 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the discharge Y or N point during the peak flow from the 10 year storm. J. EXCESS FLOWS -- An overflow J pass has been provided. Y or N ! X DEWATERNG — A rnelhod to d"m- =a wn standing ,.rater has Y or N been provided to facilitate maintenance and inspection. i 1L. CLEANOUT AFTER CONSTRUCTION — the SCM has been y or N cl"71 w l out and convetic-1 to its vzd desim state. IN 24ARYTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes >3:1. Y or N N. 'IGNER QUALWICA11GPT3 (FAST-T&XCX TERMTF) — i TrAe desig+w is l xnwd under Chi 89A, 69C, 891E, or 89F of ! V or N cr the GzW Statutes. I j Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: Page 4 of 6 State Stormwater Management Permit No. SW8 190601 AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: OO Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Consultant's Certification (MDC .10s3) 1 '.t ,-built I ON/lE I TTVA A. Forebay / Deptbe / Fofwaln I 1. The available Sediment storage is consistent with the approved y N plan and is a minimum of 6 in. or 2. Water flow over the forebay berm into the main pond occurs at a Y N non -erosive velocity. or 3. The provided Forebay Volume is 15%-20% of the main pool y N volume. or 4. The Forebay entrance elevation is deeper than the exit elevation into the pond. y or N 5. The Average Design Depth of the main pond below the y N permanent pool elevation is consistent with the permitted value. or 6. Fountain documentation is provided. Y or N H. Sillf / BkLks / VLgctated Shelf I 1. The width of the Vegetated Shelf is consistent with the approved y N Tans and is a minimum of 6 feet. or 2. The slope of the Vegetated Shelf is consistent with the approved y N plans and is no steeper than 6:1. or Ca As-bu It 1iWn Pool / Areas i `r'oinmes 1 Elevations 1. The permanent pool surface area provided is consistent with the permitted value. y or N 2. The Temporary Pool Volume provided is consistent with the y N permitted value. or 3. The permanent pool elevation is consistent with the permitted N y value. or 4. The temporary pool elevation is consistent with the permitted y N value. or Page 5 of 6 State Stormwater Management Permit No. SW8 190601 -----------f T)As-b iilt ONIE II� D. INWI:S r Oatkti Eeawdw 1. The design volume draws down in 2-5 days. Y or N 2. The size of the Orifice is consistent with the permitted value. Y or N 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts to the receiving channel are minimized from Y N the 1 yr 24 hr storm discharge? or 5. The inlets and the outlet location are situated per the approved Y N plan and avoid short-circuiting. or E. Vw-tubed 1. The vegetated shelf has been planted with a minimum of 3 Y N diverse species. or 2. The vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or no less than 24 Y or N inches on center. Provide an explanation for every N OC that was not met, and for every item marked "N/A" or "N/E" below. Attach additional pages as needed: Page 6 of 6 Operation & Maintenance agreement Project Name: Project Location: NC SHALLOTTE-SMITH 129 SMITH AVENUE, SHALLOTTE NC Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set locatio 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 pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & corres onding O&M tables will be added automatically): Location(s): Dry Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Proprietary Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): User Defined BMP Present: No Location(s): acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Bioretention Cell Quantity: * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Philip J. Wilson NC Shallotte Smith, LLC 660 South Main Street Greenville, SC 29601 664-263-6426 brogers realtyllnkdev.com Signature: . Date: -1 a Notary Public for the State of County of , do hearby certify tha ` personally appeared before me this day of V and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal- "'. \vkA B. eq"''. �y& a, gQ;r• XOTARyz�y SUN 0 4 2019 BY: ORIGINAL I 4 6/3/2019 Version 1.4 O&M Manual Page 1 of 5 Seal My commission expires STORM-EZ 6/3/2019 Version 1.4 O&M Manual Page 2 of 5 Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month 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 should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or nprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices show that pruning is needed to maintain optimal plant Prune according to best professional pract F JUN 0 4 2019 health. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, isease, a c. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ 6/3/2019 Version 1.4 O&M Manual Page 3 of 5 Wet [detention Pond Maintenance Requirements (Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) 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 local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. JUfV 0 4 2019 t BY. STORM-FZ 6/3/2019 Version 1.4 O&M Manual Page 4 of 5 Wet Det-oflon Pend Deli-g!n ii lnraary WET POND ID POND 1 Pretreatment other No thanforebay? Has Veg. Filter? No FOREBAY MAIN POND Permanent Pool El. 9 Permanent Pool El. Temporary Pool El: 11.5 Temporary Pool El: Clean Out Depth: 4 Clean Out Depth: Sediment Removal El: 5 Sediment Removal El Bottom Elevation: 4 Bottom Elevation: WET POND ID FOREBAY MAIN POND Permanent Pool El. 7 Permanent Pool El. 7 Temporary Pool El: 9.25 Temporary Pool El: 9.25 Pretreatment other No Clean Out Depth: 7 Clean Out Depth: 7 than forebay? Sediment Removal El: 0 Sediment Removal El: 0 Has Veg. Filter? Yes Bottom Elevation: 1 -1 Bottom Elevation: 1 -1 RECEIVED wN 12 201 'ORM-EZ 6/11 /20 rcinn 1 d O&M Manua! Pans B n DEMLR USE ONLY Date R cei ed Fee Paid Permit Number 000 ¢ fax I Stag' f (oo I Applicable Rul ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Enviroir�ient and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form 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.): NC Shallotte Smith 2. Location of Project (street address): 129 Smith Avenue City: Shallotte County: Brunswick Zip: 28470 3. Directions to project (from nearest major intersection): From the north intersection of US 17 and US 17 Business in Shallotte, travel south on US 17 Business for 0.9 miles. Turn right at the intersection of US 17 Business and Smith Avenue. The project is on the right. 4. Latitude:33* 58' 51" N Longitude: 78° 22' 37" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt tRenewals 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 number , its issue date (if known) , 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 DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currejWg— proposed, CEIVE 4. a. Additional Project Requirements (check applicable blanks; information on required state permi fTJN 0 4 2019 obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control: 26 ac of Disturbed Are43y ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts 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:USACOE - Nationwide Permit #SAW-2014-00499 - BYWR. LLC 5. Is the project located within 5 miles of a public airport? IZCJNo I IYes If yes, see S.L. 2012-200, Part VP htip://12ortal.ncdenr.org/web/lr/rules-and-regulations Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 ORIGINAL 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: NC Shallotte Smith, LLC Signing Official & Title: Philip T. Wilson, Member/Manager b. Contact information for person listed in item 1a above: Street Address: 550 South Main Street, Suite 300 City: Greenville State: SC Zip: 29601 Mailing Address (if applicable): Same City: State: Zip: Phone: (864 ) 263-5426 Fax: ( ) Email: brogers@realtylinkdev.com 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/Organization: BYWR, LLC Signing Official & Title: William D. Ratley, Member/Manager b. Contact information for person listed in item 2a above: Street Address:1927 Oak Habour Drive SW. City: Ocean Isle Beach State: NC Zip: 28469 Mailing Address (if applicable): SAME City: Phone: 910 ) 8244000 Email: wratley@atmc.net State: Zip: Fax: 3. a. (Optional) Print the name and title of another contact such as the projects construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: East Coast Engineering & Surveying, PC Signing Official & Title: T. Christian Russell, PE - Project Engineer b. Contact information for person listed in item 3a above: Mailing Address: PO Box 2469 City: Shallotte State: North Carolina Zip: 28459 Phone: ( 910 754-8029 Fax: 910 754-8049 Email: crussell®eces.biz JUN 0 4 2019 4. Local jurisdiction for building permits: Brunswick County ev Point of Contact: Andrew Thompson Phone #: 910-253 2041 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Sheet flow off of proposed BUA into catch basins & storm drains then to proposed wet ponds designed for compliance with North Carolina state stormwater requirements. Discharge will be to an existing branch at the front of the project. 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 PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If 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 Lumber River basin. 4. Total Property Area: 25.6 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: 25.6 acres + Total project area shall be calculated to exclude the following: the normal pool of imppounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (NHV1>) line or Mean High Water (Aff4M line, and coastal wetlands landward from the NHW (or MH[ line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHYV) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 64.3 % 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. Basin Information Drainage Area 1 Drainage Area 2 Drainage Area Drainage Area Receiving Stream Name Woodward Branch Woodward Branch Stream Class * C; Sw, HQW C; Sw, HQW t Stream Index Number * 15-25-2-8 15-25-2-8 Total Drainage Area (sf) 1,039,143 77,179 On -site Drainage Area (so 1,039,143 77,179 Off -site Drainage Area (so 0 0 Proposed Impervious Areas 676,178 41,687 % Impervious Area* total 65.1 54 Impervious" Surface Area Drainage Area 1 Drainage Area 2 Drainage Area Drainage Area On -site Buildings/Lots (sf) 202,796 8,900 On -site Streets (sf) 9,343 On -site Parkin (sf) 422,880 21,291 On -site Sidewalks (sf) 32,138 2,153 Other on -site (sf) 0 0 Future (sf) 18,364 0 Off -site (st 0 0 Existing BUA*** (sf) 0 0 Total (sf): 1 676,178 1 41,687 * Stream Class and Index Number can be determined at: httpAortal.ncdenr.gg& eb&ios/csu/classi cations "* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 *** Report only that amount of existing B UA that will remain after development. Do not report any existing B UA that is to be removed and which will be replaced by new B LLq. 11. How was the off -site impervious area listed above determined? Provide documentation. NA Proiects in Union County: Contact DEMLR 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 1 SA NCAC 02B . 0600 V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://vortal.ncdenr.orL,/web/wo/ws/su/bmn-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htW://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at http:/ /portal.ncdenr.org/web/wq/ws/su/maps.) 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 htt://12ortal.ncdenr.org/web/wq/ws/su/statesw/form�sdoes. 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 LEE - 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 �P htip://www.envheIp.org/pagesZonestol2exl2ress.hbnl 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.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor 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 s� receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 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: 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 E C E Ir Y E 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. JUN 0 4 2019 • 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. BY 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. Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 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_ 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 DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: SEE ATTACHED Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC 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.secretaiy.state.nc.us/Corporations/CSearch.aspx VII. 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 http://portal.ncdenr.org/web/lr/state-stormwater- 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 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 NC DEMLR, and that they will be recorded prior to the sale of any lot. 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: T. Christian Russell, PE/Alan Lewis - Project Manager Consulting Firm: East Coast En 'veering & Surveying, PC Mailing Address: PO Box 2469 City: Shallotte State: NC Zip: 28459 Phone: ( 910 ) 754-8029 Fax: Email: crusseU@eces.biz 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) William D. Ratlet. , 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) Philip T. Wilson with (print or type name of organization Iisted in Contact Information, item 1a) NC Shallotte Smith, LLC 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. ECE[ee VE-11" !UN 0 4 2019 Form SWU-101 Version Oct. 31, 2013 Page 5 of 6 BY_ 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 DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR 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 toA5,000 per day, pursuant to NCGS 143-215.6. Date:-4 - I - ! q. L. - _, a Notary Public Ar the State of �OC�6 COA County of LG�,/lcsi;� , do hereby certify that ��u-1��� %�� personally appeared before me this l day of 7 C��� 0 1 ,and acknowledge the due execution of the application for a stormwater permit. Witness my hand and nnnpep,,q���,',i s OTARk\j to i a eV UBL%C',r' ?, 7CK•Cov X. APPLICANT'S CERTIFICATION SEAL My commission expirest o —Qn—c o a I, (print or type name of person listed in Contact Information, item 1a) Philip T. Wilson 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: 6 —({ l 9 I, rat, a Notary Public for the State of [7n, County of YUrv-,QMI ACC, do hereby certify tha�%�tlp personally appeared before me this 44L-4ay of no. and acknowledge the due execution of the application for a stormwater permit. Witness my hand and ,nneNgp %,,,�`N.. B B. 49 ��'•��OTAR y'•°ti eeeeunwea`� Form SWU-101 Version Oct. 31, 2013 SEAL My commission expires EC E IVE JUN 0 4 2019 Page 6 of 6 �' W Q IL W O V N� 1.6 O LL N W `1 r Z W 2 W a a a W W z III O Q d � Z v _ N z N T � F Q CO a` a U W O J Q _ a) C _ U) O W D o J z LU Q C CM N T N ,g 't a� C m a) E CD vJ 0Zcn= �ao�mm a ate= °' �a g w='°�3c�a�`0 _ 2 w—E � m O o E d e 3 0 CL$ 10 (Aa Ix $~ 0 u a a 2 O U U J � z o CID fd Lb z W N H J to a0 O W 1z 5 w 7:i a c w C 0 U zo`Oo 2 0 m S, N , v 5;1c Q N '' E o. 49 a) c 'm U c U U� a w O) a) C O) 0 OOON 3 c Q O N C Y a) 11 �d 'l6 c -Y t 'O E .0.. 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Ai 0 '3, 1 C I k cm -G pL cs) E c '0 4, A z - r 1 0 . t 10 aw icev .9 -0 IL IL -I A2 S. c 0 i UC,—o 'S 00 Z co 4) w g cr 0. LU WE E E a C cr R LL o (>D W —0 u s 0 L U E < D E 0 LU u u F P2 D W 6) C ;S Z 9 ?! —0 r5 >1 i E.. 8 W re cc 0 Z 2 0. Ica to 6 0 W cm 4) rD -a 12 a Im CLJ 03 CO) 0 ru F. f! m z 0 ra A Si Q , 4) Ma m lywg9_$Q� 9 W -1 Fz Q CL 2 02 i2 4) w w w 0 < a A a- 3- 0LY R v gig cc g R v v u , %2. < 1 Fom High Density Developments with Outparcels Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, ,1 \a7 � ), `�:�, , acknowledge, affirm and agree by my signature below, that I will cause the fol owing deed restrictions and covenants to be recorded prior to the sale of any outparcel or future development area: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # BUA Outaarcel # BUA Outaarcel # BUA OUT LOT 1 41,687 SF OUT LOT 2 64,218 SF These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines 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. 7. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built -upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. 10. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. 11. The project and each outparcel will maintain a 30** foot wide vegetated buffer b _ `E impervious areas and surface waters. VI **50 foot for projects located in the 20 coastai counties. JUN BY•_ Signature: Form DRPC-2 Rev.2 05Nov2009 Page 1 of 2 ORIGINAL Hinh Density Developments with Outparcels Deed Restrictions & Protective Covenances a Notary Public in the State f k1 QC ,XFI %N\O- , County of �Si� h� , do hereby certify that personally appeared before me this the ik6— day of',,� , 20-LCL_, and acknowledge the due execution of the foregoing instrument. Witness my hand and offici My Commission expires 16--Q0 TA R y We :v ECEIVE JUN D h 2019 BY• Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2