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HomeMy WebLinkAboutSW8000216_HISTORICAL FILE_20200804 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 00 02 16 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 4 HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2020 OS 04 YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director August 4, 2020 Shallotte Crossing, LLC, managed by Aston Properties, Inc. Mr. Steven Townley, CFO 610 East Morehead Street, Suite 100 Charlotte, NC 28202 NORTH CAROLINA Enviror mental Quality Subject: State Stormwater Management Permit No. SW8 000216 Shallotte Crossing Brunswick County Dear Mr. Townley: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for the subject project on July 20, 2020. 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 (1995 Rules). We are hereby forwarding modified Permit No. SW8 000216 dated August 4, 2020, for the construction of the built -upon areas (BUA) and stormwater control measures (SCMs) associated with the subject project. Please note that the modified and re -issued permit does not impose new or different terms; it merely clarifies the requirements of the rules and restates some of the previous terms to provide you with a better understanding of your obligations under the permit. This permit shall be effective from the date of issuance until May 17, 2022 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. 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. The modifications are summarized in Attachment B. 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 replace the previously approved plan sheets showing the subdivision and the location of the overflow weir with the attached modified and approved versions. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. D_E Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 anm unww 910.796.7215 State Stormwater Permit No. SW8 000216 Page 2 of 3 If you have any questions concerning this permit, please contact Kelly Johnson in the Wilmington Regional Office, at (910) 796-7215 or Kelly.p.johnson@ncdenr.gov. Sincerely, ex- F Brian Wrenn, I irec--Ion Division of Energy, Mineral and Land Resources Enclosures: Attachment A - Designer's Certification Form Attachment B - Built -Upon Area Allocation DESfkpj: \\\Stormwater\Permits & Projects\2000\000216 HD\2020 08 permit 000216 cc: Phil Norris, PE, Norris & Tunstall 1429 Ash -Little River Road, Ash, NC 28420 Brunswick County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 000216 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL & LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Shallotte Crossing, LLC Shallotte Crossing Shallotte Crossing Parkway, Shallotte, Brunswick County FOR THE construction, operation and maintenance of one (1) wet detention pond(s) 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 Energy, Mineral & Land Resources (hereafter referred to the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until May 17, 2022 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 of this permit. The subdivision is permitted for Two outparcels, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to the impervious area summarized in Attachment B. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. Page 3 of 11 State Stormwater Management Systems Permit No. SW8 000216 R1 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ac: Offsite, ac: b. Total Impervious Surfaces, ft2: c. Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: j. Controlling Orifice, inches: n. Receiving Stream / River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 34.5 34.5 0 1,163,520 7.5 90% 1.0 8.0 31,140 104,775 11.0 4.0" 0 pipe UT Woodward Branch LBR 15-25-2-8 "C, Sw, HQW" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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. 5. 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. 6. 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. Page 4 of 11 State Stormwater Management Systems Permit No. SW8 000216 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), the 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. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. 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. 11. 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. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. 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 re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 5 of 11 State Stormwater Management Systems Permit No. SW8 000216 15. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000216, as issued by the Division of Energy, Mineral & Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is as follows: Outparcel 1: 61,200sf Outparcel 2: 68,200sf This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 6 of 11 State Stormwater Management Systems Permit No. SW8 000216 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 there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily, 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. 7. 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 permit conditions. 8. The Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. 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); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; Page 7 of 11 State Stormwater Management Systems Permit No. SW8 000216 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. 12. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 13. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) 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; Permit modified and reissued this the DATE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 8 of 11 State Stormwater Management Systems Permit No. SW8 000216 Attachment A Shallotte Crossing Page 1 of 2 Stormwater Permit No. SW8 000216 Brunswick 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 a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date 6'9Kd11111 Page 9 of 11 State Stormwater Management Systems Permit No. SW8 000216 Certification Requirements: Page 2 of 2 .1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Regional Office Inspector, Brunswick County Building Inspections Page 10 of 11 SW8 000216 - Shallotte Crossing Impervious Area Summary Permitted Permitted 1/3/2020 8/4/2020' Total Impervious: 1,163,520 1,163,520 Offsite: 160,560 567,857 Outparcel 1: SW8 110806, Chili's 61,200 61,200 Home Depot: SW8 200306' 0 438,457 Outparcel 2: Future Subdivided Lot3 99,360 68,200 Onsite: 1 1,002,9601 595,663 Buildings 274,907 138,466 Streets 0 0 Parking 691,750 419,929 Sidewalks' 36,303 24,930 Future 0 12,338 12020 Includes 500sf of new impervious for a restaurant patio. 2The emergency weir has been moved on the plans. 3Outparcel 2 will be subdivided at a later date. The permittee chose to go ahead and deed restrict it but not yet show the bearing/distance lines on the plans. This permit must be modified to show the bearing/distance lines of Outparcel 2 before an offsite permit can be issued for that lot. "This tract has not been deed restricted, but it has an offsite permit. Johnson, Kelly From: Bryan Smith <besmith@astonprop.com> Sent: Tuesday, August 4, 2020 10:55 AM To: Johnson, Kelly; Tammy Watson Cc: Phil Norris Subject: RE: [Probable Spam] RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Kelly We can just give the Outparcel 2 the extra 200 sf and call it a day. Thanks, Bryan Smith, PE Senior Project Manager ASTON I eCLPORM Y. NGL1A91LITY. P 14 p a I 1 1 a! 4 Tea A I TY. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 1 Fax: 704.365.3215 1 www.astonr)rolp.com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception. copying. accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. From: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> A�� �Y%D Sent: Tuesday, August 04, 2020 10:33 AM To: Bryan Smith <besmith@astonprop.com>; Tammy Watson <twatson@ntengineers.com> Cc: Phil Norris <pnorris@ntengineers.com> Subject: RE: [Probable Spam] RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Hey guys, I hope everyone weathered the storm last night. We had only minor damage, and so we are thankful for that. I am back at this morning. I found a typo but I also have a work -around to propose to see what you think. The deed restrictions (first photo) shows Outparcel 2 has 68,200sf. The application (second photo) shows that it has 68,000sf. Do you all want to just give Outparcel 2 that extra 200sf and call it a day? Or do you want to go through the exercise of getting a new deed restriction form signed? It would reduce the "future" impervious from 12,538sf to 12,338sf. The final table would be shown in the third picture. If you guys are OK with this I can get it out today. If not, then I will write a letter asking for the revised deed restrictions. Thanks, Kelly -- - -�-i DarmittaA DPrTIftPIt- 1/3/2020 8/4/20202 Total Impervious: 1,163,520 1,163,520 j Offsite: 160,560 567,857 Outparcel 1: SW8110806, Chili's 61,200 61,200 Home Depot: SW8 200306' 0 438,457 Outparcel 2: Future Subdivided Lot 99,360 68,200 Onsite• 1,002,960 595,663 j Buildings 274,907 138,466 streets 0 0 Parking 691,750 419,929 Sidewalks' 36,303 24,930 Future 0 12,338 I 20201ncludes 500sf of new impervious -for a restaurant. patio._____ _ ['The emergency weir has been moved on the plans. �30utparcel 2 will be subdivided at a later date. The permittee chose to go ahead and deed restrict it but not yet show the bearing/distance lines on the plans. This permit must be modified to show the bearing/distance lines of Outparcel 2 i before an offsite permit can be issued for that lot. _ lihis tract has not been deed restricted, but it has an offsite permit. ICCLLUJO�vt SOw Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Johnson, Kelly Sent: Thursday, July 16, 2020 12:55 PM To: Bryan Smith <besmith@astonprop.com>; Tammy Watson <twatson@nteneineers.com> Cc: Phil Norris <pnorris@nteneineers.com> Subject: RE: [Probable Spam] RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Thanks Bryan, I have you down for 8/19/2020 for both SW8 000216 (Shallotte Crossing) and SW8 200306 (Shallotte Crossing Home Depot). Kelly l4LI. ohi 'sovu Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number fk E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bryan Smith [mailto:besmith@astonprop.com] Sent: Thursday, July 16, 2020 10:34 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>; Tammy Watson <twatson@ntengineers.com> Cc: Phil Norris <pnorris@ntengineers.com> Subject: RE: [Probable Spam] RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Kelly, Let's extend it to August 19"'. I thought this was resolved with Home Depot back the first of June and they were sending the information back but I cannot get anybody to respond to voicemails or emails right now. Thanks, Bryan Smith, PE Senior Project Manager ASTON I FORMANC ABLIABILITY.` o r o P e r I I a IMTEUR.Ty. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 ( Fax: 704.365.3215 1 www.astonl)rol).com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential properly of the sender. The information is intended only for the use of the person to whom it was addressed Any other interception, copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error. please immediately notify the sender and purge the message you received. Do not forward this message without permission. From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Thursday, July 16, 2020 10:31 AM To: Tammy Watson <twatson@ntengineers.com> Cc: Bryan Smith <besmith@astonprop.com>; Phil Norris <pnorris@ntengineers.com> Subject: [Probable Spam] RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Hi Tammy, What date do you want to extend it to? Thanks, Kelly Kt L'�iohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties From: Tammy Watson [mailto:twatson@ntengineers.com] Sent: Thursday, July 16, 2020 10:29 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Cc: Bryan Smith <besmith@astonprop.com>; Phil Norris <pnorris(antengineers.com> Subject: RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Good Morning Kelly, Regarding the Renewal/Modification, we have received the original signed deed restrictions and will forward. As far as the Off -Site Permit, please let us know how if we are able to extend any time anticipating the signed Supplement or other instruction. Thank you. Respectfully, Tammy Watson, Office Manager Norris & Tunstall Engineers, P.C. Brunswick Office Office: 910-287-5900 From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Monday, July 13, 2020 9:45 AM To: Tammy Watson <twatson@ntengineers.com> Cc: Bryan Smith <besmith@astonprop.com>; Phil Norris <pnorris@ntengineers.com> Subject: RE: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Tammy, Has this been mailed in hard copy form yet? I haven't seen it come in? I know that you all had to get Home Depot to sign something. I don't know if the signature difficulty is related to both of them? Thanks, Kelly K.eLLUJ0hws0w Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7335 Note Change in Phone Number E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Tammy Watson[mailto:twatson@ntengineers.com] Sent: Tuesday, May 19, 2020 11:51 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Cc: Bryan Smith <besmith@astonprop.com>, Phil Norris <pnorris@ntengineers.com> Subject: [External] Shallotte Crossing Home Depot - SW8 000216 (NT19138) Ms. Johnson, Please find attached the response to comments of May 4, 2020, for this subject project. The original signed deed restrictions are being mailed to your attention. Please let us know if you need any additional information. Respectfully, Tammy T. Watson — Office Manager NOMS & TUNSTALL CONSULTING ENGINEERS EC.- 1429 Ash Little River Road Ash, NC 28420 910-287-5900 (Phone) 910-287-5902 (Pax) twalsonnntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers P.C. and Norris, Kuske & Tunstall Consulting Engineerings, Inc. in the preparation of such data. Raa IY\FD -*\ NORMS & TUNSTALL CONSULTING ENGINEERS P.C. RECEIVED J. Phillip Norris, P.E. John S. Tunstall, P.E. JUL 2 0 2020 T. Jason Clark, P.E. Thomas J. Scheetz, E.I. NCDEQ �� vnv 2602 Iron Gate Drive, Suite 102 • Wilmington, INC 28412 • Phone (910) 343-9 53 • Fax (910) 343-9604 1429 Ash Little River Road NW • Ash, NC 28420-1715 • Phone (910) 287-5900 • Fax (910) 287-5902 LETTER OF TRANSMITTAL To: Ms. Kelly Johnson NC DEQ — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Date: July 16, 2020 Shallotte Crossing Subject. Permit SW8 000216 Job No. 19138 WE ARE SENDING YOU VIA US Mail ❑ ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ CERTIFICATION ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION Original signed Deed Restrictions ❑ AS REQUESTED ❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE ❑ FOR APPROVAL ❑ YOUR PRINTS LOANED TO US REMARKS: These are the original deed restrictions to replace the copy submitted with the Renewal and Modification package. l(r. 4'1 CC: Bryan Smith SIGNED for J. Phillip Norris, P.E./ttw j"-` CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error, please immediately notify the sender and return to the address above. 1 Nr ig13� High Density Commercial Subdivisions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. 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. Steven J. Townley , acknowledge, affirm and agree by my signature below, that I wil cause the following deed restrictions and covenants to be recorded prior to the sale of any lot within the project known as Shallotte Crossing 1, The following covenants are intended to ensure ongoing compliance with State Stormwater ,Management Permit Number S.^18 000216 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 per lot, in square feet, is as listed below: OUT PARCEL 61,200 SF This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. 8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a separate storm water permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. 9. The project and each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. F kl /7r- I i JUL 17 2020 Form DRPC-1 Rev.2 05Nov2009 Pagel of 2 I, � / 1-1ny;!�o-/,y t , a , State of NO/j! uyC/Ol/!�/�//, County of do hereby certify that szLeye"L .J. ToLuil before me this the _ day of M/Z/Ci Oho a Notary Public in the _personally appeared 20,�0 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Si ture ? JENNIFER L. MALINA My Commission expires -Fe a�, ✓'U�� Notary Public North Carolina Mecklenburg County Mtn J7I ` aUL I 12023 BY Forrn DRPC-1 Rev.2 05Nov2009 Page 2 of 2 NOPMS & TUNSTALL CONSULTING ENGINEERS P.C. — 2602 Iron (mte Dr., Suite 102 lWilmington, NC 28412 (910) 343-9653 (910) 343-9604 Fa John S. Tunstall, P.E. T.Jason Clark, P.E. May 19, 2020 Ms. Kelly Johnson NC DEQ — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Request for Additional Information Response Shallotte Crossing Permit SW8 00216 Shallotte Crossing N&T Project No. 19138 Dear Ms. Johnson, 1,129 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. Thomas J. Scheerr., E.I. We are responding to your comments of May 4, 2020 regarding the subject project as follows: 1. Pond a. That is correct. There are no other changes. b. All stormwater inlet pipes drain into the forebay. 2. Outparcels a. Yes, outparcel #1 is Chili's. b. Outparcel #2 has not yet been subdivided but is deed restricted. The restrictions are attached. Please note in the permit that outparcel #2 will be created in the future. 3. The "other" is future allocation. Please review this information for approval. Let us know if you need any additional information. Sincerely, NORRIS & TUNSTALL CONSULTIN NGINEERS, .C. 4J.hllip Norris, P. w ures Bryan Smith 19138 05-19-20 sw response NCBELS License C-3641 High Density.CommerciaiSubdiviaions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 21-1.1000 and S.L. 2006-246, the, Management Regulations, dead restrictions and pptotective covenants sire reeqquired for High Density Cofnrriercial Subdivisions where lots will be.subdlvided and sold and runoff wilt be treated In 'an engineered stormwater control facility. Deed restrictionsand protective covenants are necessary to,ensure thatthedevelopment maintains a built -upon area consistent with the design criteria used t6 size the.stormwater control facility. Steven J. Townley acknowledge, affirm and agree by my signature below, that I will cause. the fortowAinvdead restrictions and covenants to be recorded pricy to the sale of any lot within the project -known as, Shaltotte Crosslnd 1. The following cow Management Pert Mineral and Land of Energy, 2. The State of North Carolina is made a beneflclary 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 patties 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 Caroline, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved'planmay not take place wittioutthe concurrence of the Division of Energy; Mineral and Land Resources: 6, The maximum built -upon area perlot; in square feet, la as flstad.below: OUT PARCEL BUA OUT PARCEL BUA OUT PARCEL BUA 1 61,200 SF 2 68,200'SF -.. e This allotted, amount Includes anybultf-upon area constructed within the'lot property boundarfes, and that portion of the right of -way between the front lotilne and the edge of the pavement Built upon area Includes, but is not limited to, structures asphalt,- concrete, gravot, brick, stone, slate, coqufne and parking areas; but'doesnot includs raised; open wood decking, or the water surface of swimming pools. All runoff from the buill-upon areas on the lot must drain Into the permitted system. This May accomplished through a variety ofmaens including roof drain gutters which drain to the street; grading the lot to drain towardthe stirset or grading perimeter swales to collect the.lot runoff and diroctingthem Into a component. of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures, The owner of eachtot, whose ownership is net retained by the permittop, Is required to submit a separate stormwater permit application to the Division of Energy, Mineral end Land Resources and receive a permit prior to constructlon, 9. The project and each lot,WN maintain a 50 foot wide vegetated buflar between all Impervious' areas and surface waters., Form ORPC-1 Rev.2 05Nov2009 Page l oft stale of County of .2o Puolic in the do hereby, certify thgt lspnelly _appeared before fie fhie the•- day of 20a, 0arid acknowledge the due execution of the.foregoing instrument, Witness my hall iAnd. offlcfal seal, , SEAL rtune . _ JENNIFER L. MALINA yCorrmmfssion.expfres Fc4 o��o, %o?%Z Notary Public North Caroline Mecklenburg County Farm ORPC-1 Rey.2 OBNOV2009 Paget oft i ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director May 4, 2020 Via email only: silownley(iiaslonprop.Com Shallotte Crossing, LLC, managed by Aston Properties, Inc. Mr. Steven "Townley, CFO 610 East Morehead Street, Suite 100 Charlotte, NC 28202 NORTH CAROLINA Environmental Quality Subject: Request for Additional Information Stormwater Project No. SW8 000216 Shallotte Crossing Brunswick County Dear Mr. Townley: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for the subject project on February 10, 2020. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information in a single, hard copy submittal package: I.) Pond: Please verify that there are no design/calculation changes to the pond. It appears that the only change is moving the emergency overflow. N% Please verify that both pipes will drain to the forebay as shown in the original plans. The berm is not on the current plans. 2.) Outparcels: ve Outparcel # I: Is Chili's located on this tract? If not, please clarify why this parcel is not allocated impervious as "Outparcel # 1" but is on the plans. xdf. Outparcel 92: The plans show that outparcel 42 is not yet subdivided, but impervious area has been allocated to it. 1 do not see deed restrictions submitted. i. Option # 1: Show the subdivision on the plans with bearing and distance lines and deed restrict that lot. ii. Option #2: Remove Outparcel #2 from the plans and modify the permit at a later date to add it back in. Clarification: What is the `other" impervious area in the allocation summary? o4Maa • D_E Q�/�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardlml Drive Extension I Wilmington North Carolina 28405 — / 910,796.7215 State Stormwater Permit No. SW8 000216 Page 2 of 2 Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). All of the requested information listed above should be received in this Office by May 19, 2020. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. If you have any questions concerning this matter, please feel free to call me at (910) 796-7343 or email me at Kelly.p.johnson@ncdenr.gov. Sincerely, ikePFcy f"tam Kelly Johnson Environmental Engineer DES/kpj: \\\Stormwater\Permits & Projects\2000\000216 HD\2020 05 addinfo 000216 cc: Phil Norris, PE, Norris & Tunstall; via email: pnorris@ntenKi'neers.com Bryan Smith, PE, Aston Properties; via email only: besmith@astonprop.com Wilmington Regional Office Stormwater File l Johnson, Kelly From: Johnson, Kelly Sent: Monday, May 4, 2020 4:10 PM To: sjtownley@astonprop.com; Phil Norris (pnorris@ntengineers.com); Bryan Smith Subject: Shallotte Crossing - State Stormwater (SW8 000216) - Request for Additional Information k1 Attachments: 2020 OS addinfo 000216.pdf Mr. Townley, Please see the attached request for additional information. Thanks, Kelly K64'Ji0hwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Application Checklist 1. Permit: 2. Date: 51u1 2230 3. Application Form: a. Ophinal signature by signature authority I. Corporation: 1. LLC: 2. Inc: 3. Partnership: ii. Public: iii. Individual: iv. Agent signs in lieu of signature authority: t�/Permittee Types (Section Illc of the application) I. Property Owner: ii. Lessee: iii. Purchaser: iv. Developer: rotect Area: i. 1995 Rule: ii. 2008 Rule: iii. 2017 Rule: 4. Deed Restrictions: 5. Supplement(s): 6. 0&M, must be: 7. Calculations: a. Signed/sealed/dated b. Volume: i. SCS ii. Simple Method SW8 cf--Od t �o � �Cw rU pu" , �'� DAU'Q Sly t\ Cr1}(kcc'zl not L�+ �, b —Wd �XaC')A) Usf2VVcP JIroS fK ` -% C� N-ed cRQ� UTA S '1Wk P(,\r #11 �S cm `4W plans, V�r 80ts j1U� Y14ve ckv\ oMom- I(n 8. Data a. Offsite: ('tr"6be chN,%Is) ? . b. "Existing" Impervious: ° �h� )5 YNX 0r51 9. Two sets plans: Stamped/signed/dated 1 a. General: • Q pe I. Date/ revision number ii. Development/project name iii. Engineer iv. Legend v. North arrow vi. Project Area vii. Vicinity map viii. Scale b. Grading I. Original contours ii. Proposed contours iii. Spot elevations iv. FFEs v. Inverts, pipes vi. Inverts, swales vii. Existing drainage (pipes, swales, ditches, ponds, etc). c. Drainage areas: i. All BMPs and CO swales must have a DA on the plan. ii. Offsite drainage areas shown on plan d. The SW System is in an easement. m lke -5 , . _ 6wv to -& l.� 7 e. Natural features: i. Water delineation (MHW, NHW, etc) ii. Wetland delineated or note that none exist onsite iii. Buffer: Details with dimensions and slope: i. Roads ii. Parking area iii. Cul-de-sac radii iv. Sidewalk v. Drainage easement location and dimensions vi. Property/project boundary lines with bearings/distances vii. Apartments/condos: Typical footprint noting concrete v/s wooden deck features viii. Curbs Johnson, Kelly From: Bryan Smith <besmith@astonprop.com> Sent: Friday, February 21, 2020 4:50 PM To: Johnson, Kelly Subject: RE: [External] RE: Shallotte Crossing - State Stormwater (SW8 000216) Attachments: Picture of Rip Rap Repair.pdf Kelly, Attached is a picture showing the rip rap repair at the inlet to the pond. Thanks, Bryan Smith, PE Senior Project Manager ASTOIV fl Or.1.�BILI TT. n r ar 0�1 !r IMTIONITY. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 1 Fax: 704.365.3215 1 www.astonprop.com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception, copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. From: Johnson, Kelly <kelly.pJohnson@ncdenr.gov> Sent: Thursday, November 21, 2019 3:27 PM To: Bryan Smith <besmith@astonprop.com> Subject: RE: [External] RE: Shallotte Crossing - State Stormwater (SW8 000216) Bryan, I got your voicemail. Please see my responses in Red. Thanks, Kelly From: Bryan Smith fmailto:besmith@astonprop.com] Sent: Tuesday, November 19, 2019 3:51 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.tov> Subject: [External] RE: Shallotte Crossing - State Stormwater (SW8 000216) Kelly, I wanted to clarify some items on the Plan of Action and Schedule: Permit modification items. 1. Home Depot is working on their off -site permit application. I am expecting it in the next week or so. OK 2. We were planning on incorporating all the changes due to the connector road. OK 3. Please confirm the mini -mall area is the Office Depot area next to the Home Depot. See attached sketch. From memory, I believe so. The intention is just to get whatever is built onsite on the plans. 4. 1 have surveyed the pond spillway and have requested Norris & Tunstall review the survey and calculations to see if it can remain as an additional emergency spillway. OK 5. We are going to incorporate the additional patio area with this permit modification. OK Maintenance items: 1. Based on a recent survey, there are two emergency spillways. I believe the one in the main pond was added due to failures in the dam. I have asked the engineer to review the calculations to see if this can remain or needs to be removed. OK 2. Please clarify on the attached picture that this is the tree being referenced. I went and talked to the inspector. I had not seen this tree personally. I just copy the notes from the inspection into the letter. And, after seeing the picture myself I think the tree will be fine as it is. It sounds like the inspector was taking the requirement to have "no woody vegetation" on the bank literally. I tend to be interpret that a bit more liberally. If the tree were a danger to crushing the outlet, then I would ask for it to come out. But, that is not the case here. I doesn't look like it is causing erosion, or any other issue. I think the tree can stay. I apologize for the confusion. 3. The additional pipe located in the main pond is an outfall pipe for a dry hydrant. See attached sketch. I believe this was part of the original drawings. Can this item be removed from the maintenance list? Yes, if it isn't an inlet it is fine. I believe Norris & Tunstall will be completing a file review so we can bring this to a closure sooner than later. Thanks. Please let me know if you have any additional questions. Thanks, Bryan Smith, PE Senior Project Manager ASTON iCP ORYw NCG. R8LI�BIL1 Cv. p r c 0 a r t l a r INreaw nv. 610 E. Morehead St I Suite 100 1 Charlotte, NC 28202 Phone: 704.319.4921 1 Fax: 704.365.3215 1 www.asto>r)ror).com I vcard PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is intended only for the use of the person to whom it was addressed. Any other interception, copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please immediately notify the sender and purge the message you received. Do not forward this message without permission. From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Tuesday, November 19, 2019 12:21 PM To: Steve Townley <sitownley@astonprop.com> Cc: Bryan Smith <besmith@astonorop.com>; mmchugh@mcmillanpazdansmith.com; bpadillalxxv@gmail.com Subject: Shallotte Crossing - State Stormwater (SW8 000216) Mr. Townley, I have attached five files: 1. Request for Additional Information: I understand that you all want to have the permit transferred so that you can modify the permit later. This letter requests that you sign the Plan of Action and Schedule to complete the necessary items. 2. Plan of Action and Schedule: List of necessary items. I have arbitrarily selected February 28, 2020 as a response date to bring the project into compliance and to submit the modification package. If that is not reasonable, please propose an alternate date. 3. Draft Permit: The draft permit will be for the renewal and the transfer. It will also request the modification to subdivide the permit and make other changes. The draft permit will reference the Plan of Action and Schedule. 4. Inspection Report, October 2019: No in -field changes since June. S. Inspection Report, June 2019: Summary of maintenance items. Please respond by December 6, 2019. If you have further questions, please let me know. Thanks, Kelly FCCU'I Johvusovl' Kelly Johnson Environmental Engineer INC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ti Burd, Tina J From: Burd, Tina J Sent: Tuesday, January 7, 2020 10:33 AM To: sjtownley@astonprop.com; besmith@astonprop.com Subject: SW8 000216 - Shallotte Crossing The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Transfer Application and $505.00 fee for the subject project on January 2, 2020. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Invoice No. Inv. Date Inv. Amount Disc. Amt Description Vchr Net Amount 2300-1114 08/28/19 505.00 0.00 91951 505.00 505.00 Prop 2300 - Shallone Crossing, 505.00 GLAcct 5243-0000 Rn5 nn Wells Fareo (lank 11-24 � 1210 ASTON S E. MOREH EAD ST: 1� SUITE 100 p r 0 p e r t i B 9 CHARLOTTE, NC 28202 Five Hundred Five and no/100 DOLLARS *** PAY TO THE ORDER OF, NCDL'Q DATE CHECK NO. AMOUNT 08/29/19 024482 $505.00" Burd, Tina J From: Burd, Tina J Sent: Monday, February 10, 2020 3:11 PM To: sjtownley@astonprop.com; besmith@astonprop.com; pnorris@ntengineers.com Subject: SW8 000216 - Shallotte Crossing The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505.00 fee for the subject project on February 10, 2020. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Emnil correspondence to and from this address is subject to the North Carolina Public Records Law and may he disclosed to third parties. Application Completeness Review Checklist (Non -Transfers) - Short Version Project Name: ')lAAL.L0TTE CeOSSl/�4 Date Delivered to WIRO: 2/7p/2-02.0 Project County/Location: _V QQ A51Z 14_C-/5"A LL oTTE BIMS Received/Accepted Date: 2hcb /ZU2 Ruie(s): �2017 Coastal F 12008 Coastal ©1995 Coastal BIMS Acknowledged Date': Phase II Universal F-11988 Coastal Permit Action: New ajor Mo� / Minor Mod / Renewal Permit Type: (5 LID / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission Development Type:C-Commercia17 Residential / Other Subdivided?: Subdivision or Single Lot A11A Permittee Type & Documents Needed: Property Owner(s) El Purchaser Lessee Viable? Viable? Viable? ®Deed Purchase Agmt MLease Not Subdivided: Deed Subdivision: Common Area Deed ElNew Permit #2 ®Existing Permit #: 6"8 00021 (o Expriation Date 3: MOffsite to SW8: Lot is in Master Permit? OPE Cert on File? r_1HOA El Developer Viable? Viable? Election Minutes Paperwork ©Application MFee: ®$505 (within 6mo) Check#(s): 62�22% 1:1Supplement 2 (1 newform orforolderforms: 1 original perSCM) ®O&M2 uxf (7EiE rn� Soils Report (Infil or PP) Calculations (signed/sealed) Deed Restrictions, if subdivided' Project Narrative ®USGS Map (or on file?) Subject to SA?: Y Subject to ORW? Plans (2 Sets) �PE Certification Electronic Copies Easements, Recorded (2017 Rules) NOTES IEnter BIMS Acknowledged Date on this Sheet 2For New Projects -Enter New Permit # on Supplements &. Deed Restiction Templates. 3if w/in 6 months and they are requesting a mod, STOP. Needs a renewal first. EMAILED ENGINEER DATE: REVIEWER NAME: MNo Fee Comments:'��, Ic--�rLC�a.� f rl2Sl 15 Cr��.'7JS. .tio G:vvQ\\\Reference Library\Procedures\Checklists\Completeness Review Check ist_2020 0131 NORMS & TUTSTAL L CONSULTING ENGINEERS P.C. — 2602 Iron Gate Dr., Suite 102 Wilmington, NC 28412 (910) 343-9653 (910) 343-9604 Fax John S. Tunstall, P.E. T. Jason Clark, P.E. February 7, 2020 Ms. Kelly Johnson NC DEQ — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Renewal with Modification Submittal Shallotte Crossing Permit SW8000216 Brunswick County, NC N&T Project No. 19138 Dear Ms. Johnson, Please find enclosed the following: 1429 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. Thomas J. Scheetz, E.I. • $505.00 (Aston Properties Ck No. 026227) processing fee • Original and one (1) copy of the Stormwater Management Permit Application Form • Original and one (1) copy of the O&M agreement • A USGS map identifying the site location • One (1) copy of the most current property deed • N.C. Secretary of State documentation • Two sets of plans The plans show the entire shopping center tract with the 500 square feet of proposed impervious surface for a patio. We have included a pond as -built showing the added rip rap around the outlet structure area. We do not see that the added rip rap in any way impedes the function of the pond. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, [�CEI�E NORRIS & TUNSTALL ONSULTING ENGINEE , P.C. FEB 10 2020 J. Phillip Norris, P. E. J N/ttw 19138-s-sw-nr nclosures cc: Bryan Smith NCBELS License C-3641 DEMLR USE ONLY Di Date eccived Fee Paid Permit Number o Oa0 2 7 s 5-0-5= I swroo6aIco Applicable Rules: 10 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 M mt Plan: State of North Carolina I 1 1 l 13k Department of Environment and Natural Resources j Division of Energy, Mineral and Land Resources u FEB STORMWATER MANAGEMENT PERMIT APPLICATION FORM BY: 77iis fonu 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.): Shallotte Crossing 2. Location of Project (street address) Shallotte Crossing Parkway City:Shallotte County:Brunswick Zip:28470 3. Directions to project (from nearest major intersection): Heading East on US 17 Business from the intersection of Smith Avenue turn right onto Shallotte Crossing Parkway, which is next to the Chili's restaurant. 4. Latitude:33° 58' 49" N Longitude:78° 22' 29" W of the main entrance to the project. it. PERMIT INFORMATION: ].a. Specify whether project is (check one): ❑New []Modification ® Renewal w/ Modificationt tReneroals with modifications also requires SWU-102 - Renaval Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSWA0216 , its issue date (if known)May 17, 2000 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 currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑LAMA Major ❑Sedimentation/ Erosion Control: ac of Disturbed Area ❑NPDES Industrial Stormwater 0404/401 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: 5. Is the project located within 5 miles of a public airport? ®No Oyes If yes, see S.L. 2012-200, Part VI: http://porta1.ncdenr.org/web/ir/rules-and-regulations Form SWU-101 Version Oct.31, 2013 Page I of IN.' CONTACT INFORMATION I. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the vroicct): Applicant/Organization:Shallotte Crossing, LLC Signing Official &'fitlaSteven L Townley, Senior Vice President b.Contact information for person listed in item 1a above: Street Address:6"10 E. Morehead St., Suite 100 City:Charlotte Mailing Address (if applicable): City: Phone: (704 ) 366-7337 Email:sjtowiiley@astotiprop.com State:NC Zip:28202 Zi Fax: (704 ) 365-3215 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: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: Mailing Address (if City: Phone: ( ) Email: State: Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/ Orga niza tion:Aston Properties, Inc. Signing Official & Title:Bryan Smith, Senior Project Manager b.Contact information for person listed in item 3a above: Mailing Address:610 E. Morehead St., Suite 100 City:Charlotte State:NC Zip:28202 Phone: (704 ) 319-4921 Fax: (704 ) 365-3215 4. Local jurisdiction for building permits: Brunswick Coon Point of Contact:Michael Slate Phone N: 910 253-20 Fn Q= OUF FEB 10 2020 - -- -- - , , 0 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 BY PJ. ' PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. The project is treated by an existing retention pond. We are modjfiying the permit to reflect the subdivision of a portion of the project and sale to Home Depot. We are also adding 500 sf for an additional patio area as shown on the attached plan. The allowable impervious area for Outparcel 2 is modified as well. See attached exhibit A for the impervious area allocations 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.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin. 4. Total Property Area: 34.50 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. 'Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area':34.5 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 beloro the Normal High Water (NM line or Mean High Water (MHW) line, and coastal wetlands landward frmn the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: ('Total Impervious Area / 'Total Project Area) X 100 = 77.42 9. How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered stornavater 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 Draina a Area 1 Draina a Area Draina a Area _ Draina a Area _ Receiving Stream Name UT Woodward Branch Stream Class C, SwBru HQW Stream Index Number * 15-25-2-8 Total Drainage Area (so 1,502,820 On -site Drainage Area (so 1,502,820 Off -site Drainage Area (so 0 Proposed Impervious Area** (so 1,163,520 X Impervious Area** total 77.4 Impervious" Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so See Attached Exhibit A On -site Streets (so On -site Parking (so On -site Sidewalks (so Other on -site (so 0 Future (so Off -site (so ------ Existing BUA*** (so Total (so: * Stream Class and Index Number can be determined at: htttr://portal.nedanr.oryti,ebAoq/ps/csu/classipications Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. *** Report only that amount if existing BUA that will remain after development. Do not report any existing BUA that is to be remover) and which will be replaced by new BUA. 11. 1-low was the off -site impervious area listed above determined? Provide documentation. Projects 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 I5A 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://portal.ncLienr.org/web/wg/ws/su/bop-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 BMI' checklists are available from http://portal.nc(lenr.orp/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://portalmcdenr.org/web/wg/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 http://portafncdencorg/web/wq/ws/su/statesw/forms_docs. 1. Original and one copy of the Stormwater Management Permit Application Porm. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/pages/onestopexpress.litnil 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 receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the'h 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 impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impound structures, the banks of streams or rivers, and the MHW (or NFIW) of tidal waters. Y, 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. I. Details of roads, drainage features, collection systems, and stormwater control measures. -Ctl-."'-E I FEB 10 2010 Form SW U-101 Version Oct. 31, 2013 Page 4 of 6 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. it. I"xisting 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 /7 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"x11" 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 veriftj the SHWT prior to submittal, (970) 796-7378.) 10. A copy of the most current property deed. Deed book: 1398 Page No: 1348 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 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretary.state.nc.us/Corporations/CSearch.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 httl2://portal.iicdenr.org/web/i r/state-storm water - forms flocs. 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. Vill. 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: Phil Norris Consulting Firm: Norris & Tunstall Consulting Engineers, PC Mailing Address:1429 Ash -Little River Road City:Ash State:NC Zip:28420 4 Phone: (910 ) 287-5900 Fax: 910 5902 ' Email:pnorris©ntengineers.com 102020 By IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, itern 2 has been filled ont, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type narne of person listed in Contact Information, item In) with (print or type name of organization listed in Contact Information, item to) 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. Form SWU-101 Version Oct. 31, 2013 Page 5 of 6 As Me 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 to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: 1, , 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 application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Steven 1. Townley 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 stormwate rt uncle CAC 1000 and any other applicable state stormwater requirements. Signature: Date: .2/y/?!Zd before me this a stormwater permit. IjA- , a Notary Public for the State of 1 o/��eal"o /IG,�ounty of do hereby certify that 'Ve (IM J. 72w le&l personally appeared I of ua O, and acknowledge the due execution of the application for Witness my hand and official seal, JENNIFER L. MALINA Notary Public North Carolina 10 Mecklenburg County Form SWIJ-101 Version Oct. 31, 2013 SEAL My commission expires & 6'-'? C�g -, � o?A ECE®Cy F FEB 10 2020 Page 6 of 6 BY Attachment A - SW8 000216 Original Permit Application 5/17/2000 Basin Information Pond 1 Pond Pond Receiving Stream Name UT Woodward Branch Stream Class C; Sw,HQW Stream Index Number 15-25-2-8 Total Drainage Area (sf) 1,502,820 On -site Drainage area (sf) 1,502,820 Off -site Drainage area (so 0 Proposed Impervious Area (so 1,163,520 % Impervious Area (total) 77.4% Impervious Surface Area On -site Buildings / lots (sf) 274,907 On -site Streets (sf) 0 On -site Parking (sf) 691,750 On -site Sidewalks (sf) 36,303 Future Outparcels (sf) 160,560 Outparcel1 61,200 Outporcel2 99,360 0 Off -site, Other (sf) 0 0 ExisPre-1988 BUA (sf) ting/ 0 0 0 Total(sf): 1,163,5201 01 0 Permit Modification 2/4/2020 Basin Information Pond 1 Pond Pond Receiving Stream Name UT Woodward Branch Stream Class C, Sw, HOW Stream Index Number 15-25-2-8 Total Drainage Area (sF) 1,502,820 On -site Drainage area (sf) 1,502,820 Off -site Drainage area (sf) 0 Proposed Impervious Area (sf) 1,163,525 % Impervious Area (total) 1 77.4% Impervious Surface Area On -site Buildings / Lots (sf) 138,466 On -site Streets (sf) 0 On -site Parking (so 419,929 On -site Sidewalks (so (see note 1 below) 24,930 Off -site permits draining to SW8000216 (sf) 499,657 SW8110806: Chili's Store H 1021 61,200 Home Depot Parcel ( see note 2 below) 438,457 Future (sf)-Outparcel2 % joo 1 Am On -site, Other (sf) t) Existing/Pre-1988 BUA (sf) 0 Total (sf):l 1,163,5201 0 0 Note 1: includes SDO sf of new impervious area for a new patio area for tenant. T me Depot willbe submitting an Off -site Permit application. Their impervious area has ated for the purpose of the modification to the permit. 3oty ol/ am Permit Number: FEDWet i� (to he provided by DWQ) Drainage Area Number: Detention 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. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. 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: Potentialproblem: How I will remediate theproblem: The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention 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. Vegetation is too short or too Maintain vegetation at a height of I long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page I of 4 Permit N (to be provided by DWQ) Drainage Area N BMP element: Potentialproblem: How 1 will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion 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 pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. 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. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if �� ®e A� q ��// original design sediment storage depth. possible. Remove the sediment and dispose of it in a location where it FEB t 0 2020 will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove BY: 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. 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 lama ed Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. 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. When the permanent pool depth reads 5.65 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 33:0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the bfanb-) Permanent Pool Elevation 9.0 Sediment Removal . 6_0 Pe anen Pool ------------ -- Volume Sediment Removal Elevation 3.35 Volume Bottom Elevatio 5.0 ft Min. ----------------------------------------- ------ Sediment Bottom Elevation 1.5 I-ft n Storage Sedimer Storage FOREBAY MAIN POND ECEIVE i FEB 10 2020 BY Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Peril N (to be provided by DWQ) 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. Prqject name:Shallotte Crossing BMP drainage area number: Print namc:Steven J. Townley Title:Scnior Vice President Address:610 E. Morehead St., Suite 100 Charlotte, NC 28202 Note: "rhe 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. 1, � l e'6tg/ft� L . M/L//✓I G- , a Notary Public for the State of NO (�ILe /06lnek - , County of IV lC [ �i�6y/q , do hereby certify that Yt GyLvt J. / o t iri lGL1 personally appeared before me this day of r1101" 240, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, L/ A'77J "% /i ' `� EfJENNIFER L. MALINA Notary Public North Carolina Mecklenburg County SEAL My commission expires kA �;? 61 F-eq 10 1% 070 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 08/25/2000 $4,000.00 18 ar•re p7 Ejt�OUNA .Real estate P �9 Excise Tax Excise Tax lkyi 006, 00 Brunswick County -"-Register of Deeds Robert J. Robinson Inst #53544 Book 1398Page 1348 08/25/200.0 02:45:31pra Rec# 51�50 TOTAL5--.REV _ T RECO C� 41 , -c AMTAM CK aJa�1 CASH . ® REF -,by Time, Book and Tax Lot No.: Parcel Identifier No. Verified by Brunswick County.on the _day.,of , 2000 by Mail after recording to: Grantee This instrument was prebared by Woodard E. Farmer. Jr Fsn Pnrl Description For The Index: NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this day of August, 2000, by and between GRANTOR: GRANTEE: ALEC H. CHAPLIN, unmarried SHALLOTTE CROSSING, LLC; a 1401 Main Street, Suite 1,115 . North Carolina limited liability company Columbia, South Carolina 29201 .. c/o Aston Properties, Inc. 6525 Morrison Boulevard, Suite 300 Charlotte, North Carolina 28211 Enter In appropriate block for each party: name, address, and, If appropriate, character 6 entity, e.g, oorporatlon or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, that certain parcel of land situated in the Town of Shallotte, Brunswick County, North Carolina and more particularly described on Exhibit A attached hereto and incorporated by this . reference (the "Property"). The Property is a portion of the property acquired by Grantor by deeds recorded in Book 1317, Page 1319, Book 1327, Page 769 re -recorded in Book 1329, Page 959, Book 1333, Page 1331, Book 1384, Page 589, and by easement recorded in Book 1384, Page 593, Brunswick County Public Registry. r'� - aiIK C. d UR POL. I SPL I BY i 6180� O bl`1 UIJA v.. c.A S l�s2O .v IS l CLT:458821,1 And Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the Property is subject to the exceptions more particularly described on Exhibit B attached hereto and incorporated by this reference TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. IN WITNESS WHEREOF, Grantor has caused this instrument -to be executed the day and year first written above. XecH. : Inst t53544 Book 1.398Page: 1349 Chaplin l STATE OF Na2f4 &,eZ LLfJA COUNTY OF tnf-&Lfn.N l3u 2� I n1i�Ai+ r,cG�mP y Y a Notar Public for said -Count and State; do hereby certify that Alec H. Chaplin personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official stamp or seal this day of ugus 000. M Commission ex ire§: Jul.'t Y P. (NOTARIAL SEAL] Notary Public MI 'AH E DeCAMP Notary Public Mecklenburg County State of North Carolina My Comriilaeton Expires July 15 2004 SPATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificates) of MICAH E . DECAMP r- Notary(ies) Public is (are) Certified to be Correct. This lnstruritentwas filed for Registration onthis . .25th Dayof August zQgt;' in the Book and Page shown on the First Page hereof. ROBERJ. ROBIJSONJ Register of Deeds .Inst 11 53544 Book 1398Page: 1350 EXHIBIT A I BEING all of the "Shopping Center Parcel" and "Out Parcel #1" as'sh6Wn'on plat recorded in Plat Book 23, Pages 180 and 181, Brunswick County Public Registry. TOGETHER WITH all Grantor's rights in the non-exclusive easement 7.0 feet in width, for vehicular and pedestrian ingress and egress extending from United States Highway 17 Bu$iness, a one -hundred -foot (100') public right-of-way, along the southwestern boundary of the land of Branch Banking and Trust Company, having a .width of 70 feet for a.distance: of; approximately 399.85 feet, as described in instrument, recorded, in. Book 1384, ;Page; 589, .Brim swick County Public Registry. TOGETHER WITH all Grantor's rights in the non-exclusive easement 60 feet in width, running parallel to western boundary of the above -described property, . for vehicular and pedestrian ingress, egress, regress, utility connection and access -extending from' the southwestern boundaries of the properties conveyed to Hoyt W. & Paulette Brinson by instrument recorded in Book 799, Page 788, Brunswick County Public Registryand to J. P. Jones and J. A,`Cartrette by instrumeiit recorded in Book345, P4ge.375, Brunswick County Public` Registry, as described in inst16ment'iecorde'd in Book 1384, Page 589, Brunswick County Public Registry, TOGETHER WITH all Grantor's rights in the non-exclusive easement to drain storm drainage . surface waters from the above described property' in its present and future state,'which easement is described in instrument recorded in Book 1384, Page, 593, Brunswick County Public Registry. . TOGETHER WITH all Grantor's rights in the non-exclusive easements described in the Reciprocal `easement and Operation Agreement between -;Grantor.. and Home Depot SSA, Inc. . recorded on even date herewith in the Brunswick County Public Registry, TOGETHER WITH all Grantor's rights (without representation or warranty) in the easement described in the Sign Easement Agreement between Grantor and William :Levern Hewitt and wife, Yvonne Hewitt and Eastgate Ventures, Inc. recorded on even date herewith and prior to the recording of this`deed in the Brunswick County Public Registry.' TOGETHER.WITH all Grantor's rights (without representation or warranty) in the easement described in 'the Radius Easement Agreement between' Grantor and William Levern Hewitt and wife, Yvonne Hewitt and Eastgate Ventures, Inc. recorded on even date herewith and prior to the recording of this deed,in the Brunswick County Public Registry.. TOGETHER WITH all Grantor's rights in the non-exclusive right of ipgress and egress over the forty -foot (40') easement extending from North Carolina Highway 130 (Holden Beach'Road), a sixty -foot (60') public, right -of -.way, and shown as "Easement.Area 3", on plat recorded in Plat Book 23; Pages 180 and 181, Brunswick County, Public Registry. CL7N60477.1 EXHIBIT "B" A I. Taxes, dues and assessments for the year,2000, and subsequent years, not yet due and payable. 2. Reciprocal Easement and. Operation Agreement between Grantor and Home Depot U.S.A., Inc. recorded of even date herewith and prior to the recording of this deed in the Brunswick County,.. Public Registry. 3. Easement, conditions, covenants and restrictions contained in the Contract recorded in Book 344, p g vended by Agreement recorded in Book 782, page 489. a e 153, as al . 4. Matters revealed,by`survey entitled "ALTA/ACSM Land Title Survey of Shallotte"Crossing Shopping Center for Shallotte Crossing, LLC, a North Carolina Limited Liability Company, Capital Advisors, Inc. and Chicago "title Insurance Co." prepared by Les 14. Bodkin ill, P.L.S., dated August 18, 2000 . 5. Matters shown on the plats of record in Plat Book 21, pages 349, 350 and 465 and in Plat Book 23, page 25 of the Brunswick County Public Registry. 6. Right of Way easement reserved by Frederick Mintz and wife, Ida C. Mintz inQuit Claim Deed recorded in Book. 1384, page 585 to Mintz, Limited Liability Company and reserved by Mintz, Limited Liability Company in the deed recorded, in Deed Book 1384, page 589; and rights of others in and to the said easement. 7. General Permit to Southern Bell Telephone and Telegraph recorded in Book 105, page'87. 8. Easement for storm water drainage system recorded in Book 1384, page 503, and rights of others in and- to -the said -easementr------ __.....------.___-. 9. Waterline easement in favor of Brunswick County dated July 22, 1983, and recorded in Book 537, page 993. 10. Sewer use agreement in favor of the Town of Shallotte recorded in Deed Book 527, pages 104, 105, 106, 113 and 123.; IL . Rights of others to use the two 40400t easements providing access from NC Highway 130 to the subject property. 12, Easement Agreement recorded in Book 571, page 903, and the rights of others in and to the easement. 13. Sign Easement Agreement between Grantor and William Levern Hewitt and wife, Yvonne Hewitt and Eastgate Ventures, Inc., recorded of even date herewith and prior to the recording of this deed. in the Bru,,nswick County Public Registry. 14. R .. ,. . adius Easement Agreement between Grantor and W illiam Levem Hewittand wife, Yvonne Hewitt and Eastgate Ventures, Inc., recorded of even date herewith and prior to the recording of this deed' in the Brunswick County Public Registry. 15. Matters shown on the plats of record in Plat Book 23, pages 180 and 181 of the Brunswick County Public Registry. 16. Rights of others in and to the use of any drains or ditches located over, across, in or under the Property, and rights to enter upon said Property to maintain the same. 17. Rights of others to use the two 36-foot easements providing access from NC Highway 130 to the Property, which 36-foot easements lie within the bounds of the 40-foot access easements described in paragraph 11 above, Inst 8 53549 Book 1398page: 1351 - CLT:458821.1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Shallotte Crossing, LLC Information Sosld: 0558449 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/26/2000 Registered Agent: Dewey III, G. Steele Addresses Reg Office Reg Mailing 610 E. Morehead St. Suite 100 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Charlotte, NC 28202-2699 Mailing Principal Office 610 E. Morehead Street, Suite 100 610 E. Morehead Street, Suite 100 Charlotte, NC 28202-2699 Charlotte, NC 28202-2699 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Aston Properties, Inc. 610 E. Morehead St. Suite 100 Charlotte NC 28202-2699 o— 4� FER NORTH CAROLINA e Department of the Secretary of State CERTIFICATE OF EXISTENCE (Limited Liability Company) 1, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that SHALLOTTE CROSSING, LLC is a limited liability company duly formed, and existing under the laws of the State of. North Carolina, having been formed on 26th day of July, 2000 I FURTHER certify that, as of the date of this certificate, (i) the said limited liability company is not dissolved under the terms of its articles of organization, (ii) the said limited liability company's articles of organization are not suspended for failure to comply with the Revenue Act of the State of North Carolina, (iii) that said limited liability company is not administratively dissolved for failure to comply with the provisions of the North Carolina Limited Liability Company Act, (iv) that this office has not filed any decree of judicial dissolution, articles of dissolution, articles of merger, or articles of conversion for said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 26th day of August, 2019. Scan to verify online. Certification# 105488885-1 Reference# 15562652- Page: 1 of I Secretary of State Verify this certificate online at http://www.sosne.gov/verification CERTIFICATE OF LIMITED LIABILITY COMPANY RESOLUTION The undersigned does hereby cortlfy to Genworth Life Insurance Company as follows: 1, That Aston Properties, Inc., a North Carolina corporation (the "Corporation"), is duty elected, qualified and acting Manager of SHALLO'M CROSSING, LLC, a North Carolina limited liability company created, existing and in good standing under the laws of the State of North Carolina (the "Comnauv"), and that as such Manager, the Corporation has the custody and control of the records of the Company. 2. That the attached Fabibit A is a true and correct copy of the resolutions adopted by the unanimous consent of the Directors of the Corporation as the Manager of the Company and such resolutions are hereby adopted on behalf of the Company with respect to (lie Transaction (as donned in the resolutions attached heroto as Exhibit A). 3. That the resolution described in Item 2 above fins not been modified or amended as of the date hereof and remains in full force and effect, 4. The attached U xhiblt B is a true and correct copy of the Articles of Organization for (lie Company, which have not boon amended as of the date hereof and remain in full force and effect. 5. The attached Exhibit C is a true and correct copy of the Operating Agreement of the Company, which has not been further modified or amended as of the dote hereof and remains In full force and effect. The current members of the Company and their respective membership interests are listed on Exhibit B to the Operating Agreement, G. The attached Exhibit I) is a Certificate of Existence for the Company issued by the North Carolina Secretary of State. 7. The attached Exhibit E is a true and correct copy of the Articles of Incorporation of the Corporation, which except as set forth on Exhibit E, have not been amended as of the date hereof'tind remain in full force and effect. S. The attached Exhibit F is a true and correct copy of the Articles of Merger and Articles of Amendment of the Corporation, which have not been further amended as of the date hereof and remain in full force slid effect. 9. The attached Exhibit G is a true slid correct copy of the Bylaws of the Corporation. The Bylaws have not boon modified or amended as of the date hereof and remain hi full force and effect. G. Steele Dewey, III and George S, Dewey own 100% of the outstanding shares of the Corporation. G, Steele Dewey, III owns 100 Class A shnres of the Corporation and George S, Dewey owns 900 Class B shares, PPA13 1880962v2 10. The attached E, xhibtt kI is a date and correct copy of the Certificate of Existence for the Corporation issued by the North Carolina Secretary of State, - II., The following is a current list of the duly elected, qualified and currently,acting officers of the Corporation, holding offices set forth opposite their names as of the date of this Certificate; 0.Steele Dewey, .1.II Chairman of the Board of Directors/Chief Executive Officer George S, Dewey, IV President/Treasurer Steven J, Townley Senior Vice Presidont/Seeretary Randolph W. Green Senior Vice President Karen Partee Vice President/Assistant Secretary [SIGNATURES ON FOLLOWING PAGE] PPAJ3 1880962v2 BUSINESS CORPORATION ANNUAL REPORT le 2017 NAME OF BUSINESS CORPORATION: Aston Properties, Inc. SECRETARY OF STATE ID NUMBER: 0007597 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 8 SECTION A: 1. NAME OF REGISTERED AGENT: Townley, Steven J 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 610 E. Morehead St. Suite 100 Filed Annual Report 12:34 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Mecklenburg County Charlotte, NC 28202-2699 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Developer 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 319-4932 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 610 E. Morehead St. Suite 100 610 E. Morehead St. Suite 100 Charlotte, NC 28202-2699 Charlotte, INC 28202-2699 6. Select one of the following if applicable. (Optional see Instructlons) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: George S Dewey NAME: Steven J Townley NAME: TITLE: President TITLE: Chief Financial Officer TITLE: ADDRESS: 610 E. Morehead St. ADDRESS: Ste 100 Charlotte, INC 28202 610 E. Morehead Street Suite 100 Charlotte, INC 28202 ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirely by a person/business entlyteyen J Townley 3/20/2019 j SIGNATURE DATE Form must be signed by an officer listed under Section C of this form. Steven J Townley Chief Financial Officer Print or Type Name of Officer Print of Type Title of Officer This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Officer Box 29525, Raleigh, NC 27626-0525 COASTAL CAROLINA 'RESOURCE GROUP Shallotte Crossing Stormwater Pond Repair Picture 1: Picture 2: v Non -compliant accumulated Riprap near inlet pipe CCRG rebuilt the Energy Dissipater 17 NT4 1 11 3 Q CUMBEE RD SW >rnN _ / SANDERS FOgtTT I - PO ---� m _ ORN W+1Sa. CHART E'l.Jn FEB 1 0 s 50Lo 17 Lehew Cem..- 64 M ERONT4 GE RD NW y- y' �� ya ♦ ll Bus SS 17 - rNNEE Wlr 39- a ��SN -.✓-� m W I � ¢� Shall Otte _ l w yb IV� � i'� t 'A0 a w "' .� �" �£ 'a f o _ 1 63 Red NOLOEN Bug fBEA�N RDy N Sr/ L� M _'r TON TRL SW y 62 ss ;— Ftie a sclos w FLorD RD SW Fulford �- -- _ 4 �J� _�\ 0. 0.D SW w i 13 O Oak Gmve em �yPIS. 61 DucR rES k. .,Icl SRYLEE DR