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HomeMy WebLinkAbout20070279 Ver 1_More Info Received_20070925,~ LMG LAND MANAGEMENT GROUP irrc.. Environmental Consultants September 20, 2007 To Ms. Kim Garvey U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 ~ 7- a°27~f y F4 y~ ~ i ,..~ ~ ~..~...1.~ F..rr $ ~T.S +~.. . SL`r' ~ ~ 2001 RE: Additional Information for St. James Safe Storage; Action ID# 2007899-010 Brunswick County, NC Dear Kim: Thank you for your letter dated May 8"', 2007 in which you requested additional project information for the St. James Safe Storage NWP 39 application. Below is a response to each of your comments. 1. Based on the information you have submitted to date, this office cannot verify that your activity qualifies for NWP 39 because you have not satisfied the requirement to document that your project will have less than minimal individual and cumulative net adverse effects on the environment. An Individual Permit may be required if you cannot demonstrate that your activity will have less than minimal individual and cumulative net adverse effects on the environment and complies with all NWP General and Regional Conditions. As shown on the site plan, the applicant only proposes to impact 0.379 acre of wetlands near Highway 211. No additional wetland impacts are planned. The remaining wetlands off of Highway 211 will be preserved (0.218 acre) and the preservation document is currently being prepared. The applicant has decided to sell the area behind the stormwater pond to a third party that owns an adjoining tract. Therefore, the applicant is unable to preserve this area. 2. The application does not satisfy the avoidance and minimization criterion described in NWP General Condition 20. Because preservation is not proposed and the applicant wants to maintain the vegetation on remaining wetlands there will be direct and indirect impacts to remaining wetlands on-site. Pleaseprovide information to this office that the remaining 0.218 acre of wetland fronting to NC Hwy 211 and wetlands to the back of the property will not be directly or indirectly impacted through project implementation. Your letter dated April 4, 2007 does not adequately address this. It is also recommended that you get a verification from this office of the wetlands in the back of the property. As previously stated, Buildings 1 and 2 were offset from the back of the property a certain distance in order to allow an adequate turning radius for tractor trailer moving vans. Please note that the applicant has already revised the site plan several times in order to reduce wetland impacts. He originally planned to have 120,000 square feet of storage space, but reduced this to 86,000 square feet in order to meet DOT requirements. This has already diminished the project value significantly due to the fixed overhead costs associated with office, staff and land expenses. The proposed building sizes are needed in order to make this project economically feasible. The applicant agrees to preserve the wetland area located off of Highway 211. The applicant has sold the part of the tract behind the stormwaler pond to an adjacent property owner. Therefore, he is unable to preserve these wetlands. The new property owner will be responsible for any future wetland delineation of this area. www.lmgroup.net • info@Imgroup.net Phone: 910.452.0001 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 3. Please provide data to document that the proposed stormwater pond will not alter the hydrology of the wetland to the back of the property. The applicant has akeady obtained a stormwater permit from DWQ (enclosed). After receiving comments from Noelle Lutheran, the project engineer emailed Linda Lewis to verify that the permitted stormwater plan would not affect the adj acent wetlands. Ms. Lewis has not responded. Because the applicant has already received a valid permit and because Ms. Lewis has not responded to our inquiry, we infer that the stormwater branch of DWQ does not expect the pond to affect adjacent wetlands. 4. Please provide a map to show that yoz~ are consistent with Regional Condition 4 for NWP 39 showing that the proposed project is outside the FEMA 100 year floodplain. Enclosed is a FEMA map that depicts the 100-year floodplain in this area. The proposed wetland impact is outside of the 100-year floodplain. S. No utility installation of infrastructure construction were included in your description or land use plan. Additional impacts to waters of the United States either temporary or permanent for utilities or infrastrzcture need to be included on your land use plan and in your impact list. All utilities will be located within the proposed driveway corridor. No additional wetland impact for utilities will be needed. 6. Please explain why onsite in-kind compensatory mitigation for wetlands impacts was not considered or is not practicable for this project. There are no wetland restoration or enhancement opportunities onsite. Wetlands within the tract are relatively intact. The applicant agrees to preserve the remaining wetlands at the front of the property. 7. Please describe how you plan to deal with the possible presence of Venus flytrap on the project site. The wetland area located off of Highway 211 was evaluated for Venus flytraps in June of 2007 by staffof LMG. No Venus flytraps were observed. Therefore, the proposed project will not negatively impact this rare plant species. I hope this response adequately addresses your comments. Please contact me if you have any other questions. Thank you for your assistance with this project. Sincerely, ,/ Kim Wi-lliams Encl. C: Mr. Jay Cole, St. James Safe Storage, LLC Ms. Joanne Steenhuis, DWQ Mr. Ian McMillan, DWQ Mr. Kent Harrell, Norris Kuske & Tunstall September 20, 2007 TO: Ms. Joanne Steenhuis Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Additional Information for St. James Safe Storage; DWQ# 070274 Brunswick County, NC Dear Joanne: We received your letter dated Apri112, 2007 in which she requested additional project information for the St. James Safe Storage 401 Water Quality Certification application. Below is a response to each of these comments. Deed Notifications or Restrictions Although you have stated that you do not have plans to impact additional wetlands on the subject property, this office is concerned that additional impacts will occur in the future if the remaining wetlands on the tract are not put into preservation. It does not appear that the wetlands in the front of the tract will block visibility from Hwy 211; however, this office would prefer that you place the wetlands in preservation through the use of deed restrictions with vegetation maintenance allowances versus not at all. It is not understood why the vegetation of the wetlands in the rear of the property needs to be maintained. Once again, DWO would prefer that you place the wetlands in preservation with an allowance to maintain vegetation but not cut trees. The applicant agrees to preserve the remaining wetlands located off of Highway 211 (0.218 acre) and the preservation document is currently being prepared. However, he has sold the area behind the stormwater pond to a third party that owns an adjoining tract (see enclosed deed). Therefore, this area cannot be preserved by the applicant. 2. Wetland Delineation If you do not preserve the remaining area in the rear of the property, you must provide a wetland delineation for this area and have it verified by the U. S. Army Corps of Engineers. Because the applicant no longer owns this area, he does not intend to have it delineated. 3. stormwater Pond It appears that the stormwater pond has been designed to discharge awayf-om the wetlands, towards the road If this is the case, it appears that the pond may negatively affect the hydrology of the wetlands adjacent to the pond. Please design the pond to outlet into the wetlands. If this cannot be accomplished dzee to drawdowr~ requirements, a pond liner ands or an impervious harrier between the wetlands and the pond maybe required. Please provide a copy of the proposed stormwater treatment www.lmgroup.net intoC?Imgroup.net Phone: 910.452.0001 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 P.O. Box 2522, Wilmington, NC 28402 Y ` .. plans. The applicant has already obtained a stormwater permit from DWQ (enclosed). After receiving comments from Noelle Lutheran, the project engineer emailed Linda Lewis to verify that the permitted stormwater plan would not affect the adjacent wetlands. Ms. Lewis has not responded. Because the applicant has already received a valid permit and because Ms. Lewis has not responded to our inquiry, we infer that the stormwater branch of DWQ does not expect the pond to affect adjacent wetlands. I hope this response adequately addresses your comments. Please contact me if you have any other questions. Thank you for your assistance with this project. Sincerely, Kim Williams Encl. C: Mr. Jay Cole, St. James Safe Storage, LLC Ms. Kim Garvey, ACOE Mr. Ian McMillan, DWQ Mr. Kent Harrell, Noms Kuske & Tunstall Map Output Page 1 of 1 ~, ~ ~'~ ~~r~w >. ,k ~ ' ~ ~, _ _ ~ r nr !. . . ~ r ~ -- "i 9 :~ ~ ~ ;~ ~ ~~ ~ ~ a~;tL ~ ,g • I ~ ~~.tii r ~'~ Legend ,• -, %' „' 7 ^ I',U: d ...... tferr - 1:1. SA !r:rJ 'Y.l ~1':'_1 :a' ~y f' ~ f ~ ~.. VJT ~iI J"Y~.:1' C~. _ ~~-~ - 1'x'1; \ L ' •f ' arFr~f 1 SY3j,N 4'll:l~ Y; '- t S t f * 1~1}Y ,J:J~~ urJ tu"r. egj'q _ .a- r ' ~! Jh' '~C :rcx•~•rJ.:r°i ?+.a1:: sJ ~•; *~."'.~ ' ' earl. t - lUJ':' "':AYl,'IJ YU °;1~; ti lli''.U:T~•Y~ '' i/'y}N:YY ;,rl':; ~~ ,1 ~ ~ /yj ~Ji ~~J :~P.JS.- FEM.u •~i~ii ;arC4 it l)~ T[=HlLC~.i P4r111[r N.C. Floodplain Mapping Information System On-Line Mapping Application Provided by the North Carolina Floodplain Mapping Program Disclaimer This is not a legally binding (FIRI~f) Flaod Insurance Pate http and should not be used as such. { y; ~ ~.,,} ~ /' dt s~ ~ ~~ ~ E per{ '.' f d"Af~ ~ ,. C Y r, ' R B.,J SCF ~ ~ 2007 ~1 Yrrrr An~~, VtI~.T~'RC,t~,:,Lr7Y 5%na+y+~~rj7rra 917gAlCH http:// 149.168.101.8/servlet/com.esri.esrimap.Esrimap?ServiceName=locator&ClientVersi... 9/20/2007 OaO~ W A T ~9QG ~_ ~ O -C March 30, 2007 Thomas O. Hollinshed, Member/Manager St. James Safe Storage, LLC PO Box 40408 Fayetteville, NC 28309 Subject: Stormwater Permit No. SW8 061027 St. James Safe Storage High Density Project Brunswick County Dear Mr. Hollinshed: Michael F. Easley, Gov n oc ~- r William G. Ross tr., Sec t ryo North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Waler Quality ~~~~~ ~Q~ o ~ 2001 The Wilmington Regional Office received a complete Stormwater Management Permit Application for St. James Safe Storage on March 23, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2.1000. We are forwarding Permit No. SW8 061027 dated March 30, 2007, for the construction of the subject project. This permit shall be effective firom the date of issuance until March 30, 2017, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this .permit. Failure to establish an adequate system for operation and maintenance of _the stormwater management system will result .in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the righ# to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Cars~lina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made #his permit shall be #inal and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 796-7215. Sin.c ~y, , J Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWATERIPERMIT1061027.mar07 cc: ~Kt.lall ' = rris{1=C"i~sl&rJ~rs~t,a~~li~ Delaney Aycock, Brunswick County Bulling Inspections Linda Lewis Wilmington Regional Office Central Files IVo thCttro ina ,Allturq~ly NorOt Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 284x5 Phone {910) 746-7215 Customer Set~~ice Wilmington Regional Office Internet: u~ww.ncwaterqualih'.org Fax (970) 350-2004 1-877-623-6748 An Equal OpportunitylAffirrna6ve Action Employer- 50°~ Recycled110% Post Consumer Paper State stormwater Management Systems Permit No. SW$ 061027 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Thomas 0. Nollinshed & Sf. James Safe Storage, LLC St. James Safe Storage 4348 Southporf-Supply Road, Southport, Brunswick Counfy FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules"} and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 30, 2017, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 167,887 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved pians. This permit makes no provision for any future built-upon area. 4. AN stormwater collection and treatment systems must be located ~in eithea$ 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. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed info the permitted stormwater control system. Page2of7 State stormwater Management Systems Permit No. SW8 061027 8. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 5.59 Onsite, ft : 2 243,525 Offsite, ft : 0 b. Total impervious Surfaces, ft2: 157,887 c. Design Storm, inches: 1 d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSt~: 43.5 g. Permanent Pool Surface Ares, ft : 21,512 h. Permitted Storage Volume, ft : 23,244 is Temporary Storage Elevation, FMSL: 44.5 j. k Controlling Orifice: P itt d F b 3 2"l~ pipe . erm e ore ay Volume, ft : 12,482 I. Max. Fountain Horsepower: 1/6 m. Receiving Stream/River Basin: Beaverdam Creek / CPF n. Stream Index Number: 18-88-9-1-(0.5} o. Classification of Water Body: "SC Sw HQW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior #o the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system wilt be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in ifs entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months), b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. Page 3 of 7 State stormwater Management Systems Permit No. SW8 061027 7. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the fallowing criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is listed in Section 1.6 (I) of this permit. 8. Upon completion of cons#ruction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modffica#ion may be required for those deviations. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, far any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown ors the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. c. Transfer of ownership. d.~ Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of ail or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. Prior to the construction of any future areas shown on the approved plans, the permittee shall submit final site layout and grading plans for approval to the Division. 12. 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. 13. 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 copes of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 061027 (11. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. 1n the event of a change of ownership, or a name change, the permittee must submit a formal permif transfer re uest to the Division of Water Quality, accompanied by a completed name/ownership change fiorm, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and mayor may not be approved. The permittee is responsible for compliance with all of the permif conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina Genera! Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit covers State Stormwater only and does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be impaled by other government agencies (local, state, and federal having junsdictian. The 401/404 wetlands permit must be obtained prior to any construction on the project. 4. 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. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent .seeding requirements far the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days. Permit issued this the 30th day of March 2007. NORTH~~OLINA ENVIRONMENTAL MANAGEMENT COMMISSION for A an :' limek, P.E,, Director Division of Water Quality ey Authority of the Environmental Management Commission Page b of 7 State S#ormwater Managemen# Systems Permit Na. SW8 461027 St, James Safe Storage Stormwater Permit No. SW8 061027 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodicaliy/ weekly! full time} the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 6 of 7 State Stormwater Management Systems Permit No. SW8 061027 Cert'rfication Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. Ail 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 outie#/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. $. Ail slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Page 7 of 7 State stormwater Management Systems Permit No. SW$ 061027 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Thomas O. Hollinshed & St. James Safe Storage, LLC St. James Safe Storage 4348 Southport-Supply Road, Southport, Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 {hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 30, 2017, and sha(I be subject to the following specified conditions and limitations: !. 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 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 167,887 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. This permit makes no provision for any future built-upon area. 4. Ail stormwater co(lectian and treatment systems must be located in either dedicated common areas or recorded easements. The final puts for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 061027 ~. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 5.59 Onsite, ft : 243,525 Offsite, ft2: _ ~ 2 0 b. Total Impervious Surfaces, ft : 167,887 c. Design Storm, inches: 1 d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 90% _. f. Permanent Pool Elevation, FMSl : 43.5 g. 2 Permanent Pool Surface Ares, ft : 21,512 h. Permitted Storage Volume, ft : 23,244 i. Temporary Storage Elevation, 1=MSL: 44.5 j. Controlling Orifice: 2"O pipe k. Permitted Forebay Volume, ft3: 12,482 1. Max. Fountain Horsepower: 1/6 m. Receiving Stream/River Basin: Beaverdam Creek ! CPF n. Stream index Number: 18-88-9-1-(0.5} o. Classification of Water Bady: "SC Sw HQW" II. SCHEDULE 4F COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shah at all times provide the operation and maintenance necessary #a assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months}. b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 061027 7. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria; a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units where the nozzle, pump and intalte are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is listed in Section 1.6 (I) of this permit. 8. 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 no#ed on the Certification. A modification may be required for those deviations. 9. Access to the Stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification #o the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the Stormwater management measures, built-upon area, details, etc. b. Project name change. c. Transfer of ownership. . d. Redesign or addition to the approved amount of built-upon area or to the drainage'area. e. Further subdivision, acquisition; lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, far which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. Prior to the construction of any future areas shown on the approved plans, the permittee shall submit final site layout and grading plans for approval to the Division. 12. A copy of the approved plans and specifications shall be maintained on fife by the Permittee for a minimum of ten years from the date of the completion of construction. 13. 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. Page 4 of 7 State S#ormwater Management Systems Permit No. SW8 061027 llf. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all of the permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit covers State Stormwater only and does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may e imposed by other government agencies (local, state, and federal) having jurisdiction. The 401/404 wetlands permit must be obtained prior to any construction on the project. 4. In the event #hat 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 stormwa#er managemen# systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued ar terminated for cause. The filing of a re uest for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the starmwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days. Permit issued this the 30th day of March 2007. NORTH ROLINA E VIRONMENTAL MANAGEMENT COMMISSION C ~ fo~~ Alan W. Klimek, :-E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 NKT #D5057-1 A, /,, '`~ ~- YJ / s ~ i f State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): St. James Safe Storage, LLC 2. Print Owner/Signing Official's name and title {person legally responsible for facility and compliance): Thomas O. Holiinshed, Member/Manager 3. Mailing Address for person listed in item 2 above: P.O. Box 40408 City: Fayetteville State: NC Zip: 28309 Telephone Number: {910) 237-1237 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): St. James Safe Stora 5. Location ofProject (street address): _434$ Southport-Supply Road City: Southport County: Southport b. Directions to project (from nearest major intersection): 2 miles west from the intersection of Hwy 87 & Hwy 211 in Southport 7. Latitude: 33° 57' 37" N Longitude: 78° 04' 44" W of project 8. Contact person who can answer questions about the project: Name: Kent Harrell, P.E. Telephone Number: II. PERIv1IT INFORMATION I. Specif}+ whether project is (check one}: X New Renewal 10) 343-9653 Modification Form SWU-101 Version 3.99 Page'! of 4 r~Vcl . ! -1~ -2v~~- 2: • If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number N/A And its issue date (if known) 3. Specify the type of project (check one): L,ow Density X High Density Redevelop Genera] Permit Other 4. Additional Project Requirements (check appIicable blanks): CAMA Major X Sedirnentation/Erosion Control 404/401 Permit IVPDES Stormwater information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION I In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing Stormwater management far the project. Stormwater collected in pipe system then conveyed to a 13MP Wet Detention Pond. 2. Stormwater runoff from this project drains to the Cape Fear River Basin. 3. Total Project Area: 5.59 _ 4. Project Built Upan Area: 68.9 5. How many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Draina e Area 1 Draina a Area 2 Receivin Stream Name Beaverdam S QC~ Receivin Stream Class ~ C; Sw }{Cs?tiri~ Draina a Area 5.59 AC ! 243,525 SF Existin Inn ervious * Area 0.00 AC / 0.00 SF Pro osed Im ervious* Area 3.85 AC / 167,887 5F Impervious* Area (total) 68.9% Im ervious* Surface Area Draina e Area -1 .. Draina e Area 2 On-site Buildin s 2.066 AC ./ 90,000 SF On-site Streets 0.00 AC J 0.00 SF On-site Parkin 1.775 AC / 77,312 SF •. On-site Sidewalks 0.013 AC / 575 SF Other on-site Off-site Total: 3.85 AC / 167,887 SF Total: lmpe-vious area rs defined as the built upon area inclzrdirag, but not limited 10, buildings, roads, parking areas sidewalks, gravel areas, etc. Farm SWU-101 Version 3.99 Page 2 of 4 7. How was the off-site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTNE COVENAI~ITS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and fizfure development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issLCed by the Division of Water- Oualiry. These covenants may not be changed oa• deleted without the consent of the State. No more than square feet of any lot shall be covered by sductures or inzpen~ious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar- material btrt do not include wood decking or the water surface ofswimming pools. 3. Swales shall not be flied in, piped, or altered except as necessary to provide driveway crossings. 4. Built-argon area in excess of the permitted amount requires a state stonnwater management permit modification prior to constratction. 5. fill permitted runoff from otrtparcels or future development shall be directed into the per•»zitted stor-m}vater control system. These connections to the stormivater control system shall be performed in a manner that maintains the integrity and performar:ce of the system as per~rritted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include al] the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required. covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each.I}MP specified for tlus project. Contact the Stormwater and General Pemuts Unit at (919} 733-5083 for the status and availability of these forms. Form SWU-].02 Form SWU-103 Form SWU-104 Form. SWU-105 Form SWU-106 Form SWU-107 Form SWU-I08 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplemenf Curb Outlet System Supplement Off-Site System Supplement. Underground Infiltration Trench Supplement Neuse River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only Complete application packages will be accepted and re~~iewed by the Division of Water Quality (DVS'Q). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the StormwaterManagement Permit Application Form • One copy of the applicable supplement form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment /management • Two copies of plans and specifications, including: - Development /Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property /project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff caIcuIations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION if you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Norris, Kuske & Tunstail Consuiting Engineers, Inc./ Kent Harrell, P.E. Mailing Address: 902 Market Street City: Wilming#on State: NC Zip: Phone: (910) 343-9653 VIII. APPLICANT'S CERTIFICATION 28401 Fax: {910) 343-9604 I, {print or type Warne of person listed in Ge~zerallrtfornzation, item 2) Thomas O. Hollinshed, MembedManager , Certify that the information included on this permit application fom~ 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 1 SA NCAC 2H.1000. _ /" 1 ~ Signature: Date: ~ U/// ~ p G Form SWU-101 Version 3.99 Page 4 of 4 vtr~l 3~ 2.~--o=f NKT #05057-1 Pernut No. State of North Carolina (to be provided by ISWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form maybe photocopied for use as an original DWQ Stormwater Management PIan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: St. James Safe Storage Contact Person: KentHarrelf,P.E. Phone Number: For projects with multiple basins, specify which basin this worksheet applies to: (910) 343-9653 1 elevations Basin Bottom Elevation 39.5 ft. (floor of the basin) Permanent Pool Elevation 43.5 ft. (elevation of the or~ces) Temporary Pool Elevation 44.5 ft. (elevation of the discharge structure ovef~low) areas Permanent Pool Surface Area 21,512 sq. ft. (water surface area at the orifice elevationT) Drainage Area 5.590 ac. (on-site ar~d off-site drainage to the basin) Impervious Area 3.850 ac. (az-site and off-site drainage to the basin) volumes Permanent Poal Volume 54,602 cu. ft. (combined volume of main basi~z and forebay) Temporary Pool Volume 23,124 cu. 8. (volume detained above the permanent pool} Farebay Volume 12, 482 cu. ft. (approximately 20% of total volume) Outer parameters SA(DA' 5.93 Diameter of Oilfice 2.0 in. Design Rainfall 1.0 in. Design TSS Removal z 90 (surface area to drainage area ratio ft•onz DWQ table) (2 to S day temporary pool draw-down required} (minimum 85% required) Form SWU-702 Version 3.99 Page 1 of 4 Footnotes: ] . When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Luiear interpolation should be employed to detemune the correct value for non- standard table entries. 2. In the 20 coastal counties; the requirement for a vegetative filter maybe waived if the wet detention basin is designed to provide 90%TSS removal. The NCDEI~IR BMP manual provides design tables for both 85% T55 removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following cl~ecklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials JC~~ a. The permanent pool depth is between 3 and 6 feet {required minimum of 3 feet}, J~~_t~ b. The forebay volume is approximately equal to 20% of the basin volume. ~~>'aJrf c. The temporary pool controls runoff from the design storm event. ~C~}~ d. The temporary pool draws down in 2 to 5 days. /C~~'f:~ e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow calculations. ~~~},~ f. The basin length to width ratio is greater than 3:1. 1~~ff g. The basin side slopes above the permanent pool are no steeper than 3:1. lC~~ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail}. ~C>°~ i. Vegetative cover above the permanent. pool elevation is specified. / C~Jf7 j. A trash rack or similar device is provided for both the overflow and orifice. 1 Ct~f~ k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. ~-~J~~ 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. 1 ~1'0~`~ m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. R'ET DETENTION BASIN OPERATION AND MAINTENANCE AGREE117ENT 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 oneJ ^ does This system (check one) ^ daes Form SWU-102 Version 3.99 ® does nat incorporate a vegetated filter at the outlet. ® does not incorporate pretreatment other than a forebay. Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdo~~n of temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i. e. stockpiling near a wet detention basin or stream, etc.) The measuring device used to detemune the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accum~ated sediments. n ~, J'c? When the permanent pool depth reads ~~~~ 'feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (f 11 in the blanks) 0 Permanent Pool Elevation 43.5 Sediment Re oval El. 41.5 75° L('J,~ ~ --------------- - Sediment Removal Elevation ~F.S 75% Bottom El vation 39.5 5°10 ------------------------------------- ----- bottom Elevation 39.5 25%~ FOREBAY MAIN POND 5. 6 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Version 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven 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. Print name: Thamas O. Hofiinshed Title: Member/Manager - Address: P.O. Box 40408 l=ayetteviile, NC 28309 Phone: Signature: Date: ~G ?~o ~ -c/ ~/ ~ O o ~-~ Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, G~ /f l~'C.-4' ~ ~' , a Nota Public for the State of 7 L~~~ t~l County of ~/.~.,-,~1~'~C~r~ , do hereby certify that `~j~%~~!',S• C~- f-~~?-~ ~~~!7~~ Personally appeared before me this // day of ~~L'~i~~T „,~7C?l~ <.~ ,and acknowledge the due Execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal. ~•~! •~. A y e ~ $ ~° °~= e ~i:.r i~ Signature ~.~,~ C.C"C~ ~~ ~-~~C-:l' .~ My commission expires ~ - /l;= - C~~ Form SWU-102 Version 3.99 Page 4 of 4 .k ~ ~~~ i~ ~.. E Rlortl~ Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simo~~s, PG, PE Land Quality Section Michael F. Easley, Governer director anc! Stag Geologist 1~`Vi(liam G. Ross Jr„ Secretary 3-12-()7 I,E'T"I'lv,1i~ t~l;; APlPRO'V~L ~t'IT~I 1~14J1JI~'iG~TIQI~S r~N;r) ~'ERFORI~~'IANGE R>ESER~'~TiC?I°~S St. 3atnes Sale Stc7rrgt;, LLC: T`honzas C)..~h~llinshed, ~~~er-nbc.rr'I~~anager PC} F3ax 4{)~4(JS Fayetteville, ~~; ?~~C}~ RZ: f'r-c~jcct I~?arzze: St..t~r7zzes Safe Stora,'e Acres approved: I'r~~~ect 1T): I3rrrrzs-?~07-?~3 C:oantvt"1'oiv7zlStreet: )8rurzswiek, Sorrthpari, NC'I-~r~ry 211 IZiv~:r basin: L.uz,zlaer Subrzzitted By: Nczrr~is, Kuske ~ "1'un,tall Date Received ley L.(:~5: l~etzruar~y~ 21, 2C-47 Plan ~T'ype: TwEW Tear 1~1r. Ilollinshed: This office has reviewed the subject erasion arrd sedimentation corztral plan ar~rd herel}y~ issues this I..,etter of ~.pproval with Modifications and Perforrr~ance Reservations. r'~ list of thy; rzzodificatiorrs and reservations is attached. This plan approval shall empire tl~.ree (3) years foll~wirzg the date of approval, if raa land-disturbing activity has been. rrnd~:rtaken, as is required t7v Title 15th 1`vrC'~C ~B .012.1. Should the plan not perfc~r-rn adequately, a revised plan will. bL required (G.S. l 1?:~-`~~.1)(b}. Please be advised that Title 15~ NCAC ~U.O11i5(a) requires that a copy tzf the approved erosion control plan be on frIe at the job site. Also, you should consider this litter to give the I'~c~tice required by G.S. 1.13-61.1(a} of our right. of periodic inspection to insure cor~zpliance with thy; apprnved plan. i~lorth Carolina's Sedimentation 1'ollutiarz Gor~trol Pro<=ranz is perfarn~anc;e-oriented, regtrir-t~g protection of eXisting natural rLsources and adjoir~ir2g properties. If, follo~~`ing tI,e comrne.ncera~~izt of this project, it is detenlrirzcd that the erosion and scdizz-~entatian control plan is inadequate to n~-eet the requircnzents of the Sedimentation Pollution C:ontrnl pct of 1373 (I'v'arth Gar-olina General Statute 113-S1 thru 6C~), this oflicc nzay require revisions to the plan and in~plcnicntation of the revisions to insrzre c©zz~pliance tivith the pct. _-.. W__ _. tNifmington f~egional rJffice 12i Cardinal Drive Exi., l'Vilmingtnn, North Garofina 28405-3845 Phone: ~ ~ 0-t 90-; 215 ! F~,X. 510-350-2044 L.ttter of Al~proual with twloditications anti f'erforzna2~cc Reservations Thaznas t~. Hollizzshed 10~lare.l~ 12, ~Ufl7 l'a~e 2 of Acceptance and approval of this plan. is conditioned itpoz~ your compliance with 1~cderal azzd State ~~4~ter quality la~~fs, z-e~ulations, and rules. Iz-t addition, local city or county ordinances or rules znay also apply to this land-distirrbin~ actiuity. This approval does not supersede any atlzez` pcr~llit or approval. Please tic aware that. your pro~}ect will be covered by the enclosed NPDES Cez~eral 5toz-zn~vater Permit IvTGGU1fl00 {Cozistruetian ~:ctivities). ~'ou should first become familiar tvidi all of the requirements for compliance ~~~ith the enclosed ~cneral permit. Please. Hate that this approval is based in part on the accuracy of the infoz~~~ation provided in the financial Responsibility Form,. ~r~hich you have pratrided. You. are requested to plc an ai~7ez~zded farm if there is any c.haz~Je in tl~e inforz~i~ation included on the form. Tz additiozt, it ~~~auld bt; helpful if you notify this office of floe proposed staz~tin~ datt~ far this project. I'lLasc notify us if yt7u plan to have a prcconstructian conference. Your cooperation. is appreciated. 5incerely,~ i Chastity Clad` Assistant Re~ic~z~al ~n~i~necr Land Quality Section Enclosures: Cez-tifsate of Approval 11~Iadifications and Perfornlance .Reservations I~PDES Pe~zit cc: I~;ent P. t-larrell, P.l:., i~larris, Kusle & Tunstall LQS-~'~iRO Letter of Appraval with Modifications and. Performance Reservatians 'I`haznas O. Hallinslted March l 2, 2Ui17 Page 3 of 4 14=It)DIFIC~-TIClllS AND PERTt<CiR11IAllCE RESEI~VAT'iCjP~S Project lvazzic;; St. James Safe. Stara~e Project lD: lirzzns-2(}U7-293 Cattnty: Brunsrj~icl: i. This plan approval shall expire three (3} years following the data: of approval, if no land disturbing activity has been undertaken, as is required by Title i ~A I~GAG 4B.Q(}29. 2. The developr;r is respoz~siblefor the control of sediment on-site. If the approved crosian azzd sedime~~ztation control z~zzeasures prove insufheient, the dtvc}aper nxust take these additional steps necessary to stop sediment front leaving this site. Each seclinlent storage del=ice must he inspected a$er each storm event. Maintenance andior clean out is necessary anytime the device is at 5th°.~o capacity. 3. A.ny and all existing ditches on this project site are assumed to be left tuxdisturl~ed by the proposed development unless otl~envise noted. The removal of vegetation within any= existing ditch or channel is prohibited unless tl:e ditch or channel is to be regarded with side; slopes o.f 2 horizontal to l vortical ar less steep. Bank slopes may be zno~v°ed, but stripping of vegetation is considered netiv eartltwuork and is subject to the same erosion control requircn~ents as ne~v ditches. 4. The developer is responsik~le fQr obtaining any and all permits and approvals necessary= far the development af' this project prier to the commencement of this land disturbing activity. "This could include agencies such as the Division of ~'~tater Quality's starzn~vater regulations, their enfczrcement requirements within Section ~Ol of the Clean Water Act, the I1.5. Army= Carps of Engineers' jurisdiction of Section ~0~ of the Clean. ~VFater ~1ct, the Division of Cczastal 1~Ianagetacaent's CA14~;iA requirczzzenfs, the Division of Said ~'Vaste 11~anagement's landfill regulations, the Environmental l'ratection Agency andlar The U.S, Arza~y= Carps of Engineers jurisdiction of the Cl;.arz stater Act, heal +.~aunty ar Municipalities' ordinances, ar ethers that may be required. This approval cannot supersede any ether permit ar approval, how=ever, in the case of a Cease and Desist ardez- fram the Warps of Engineers, that C}rder w~auld only apply= to wetland areas. All hi;lalancl would still have to be in compliance with. the N.C. Sedirr-entation Pollution Central Act. _5. if any ;troy on site f;zlls within the; jtzrisdictian of Section ~Qi or X04 of the Glean Water Act, the devcicspcr is responsible fc+r compliance with. the requirezxzcnts of the Division of Water Quality, the Corps of Engineers and the Environmental Protection. Agency (1= PA) respectively.. Any erosion control measures tl~at fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Qualit}! Section must be notified of a relocation of the measures in question to the #ransition point between fhe wetlands anti the uplands to assure that the migration of sediment zn~ill net occur. If that relocation presents a problem or contradicts any regtzireznents of either Dti~'Q, the Carps, or the EPA,. it is the respons.ihility of the developer to infon~~ the L --and Quality Section regional office so that aax Letter of Approval with Madificatians and i'erfarznaz7ce 12eserv,~tians 'I'lzazzzas 0. 1-lallinshcd March 12, 21307 Page ~ of ~ aclcgtzate cazztizzgezzcy plan can lze zzzade to assure sufficient erasian cantral r~:mains an site. Failure to da sa will. Lac considered a violation of this approval. 6. Any bon-a~~• material brought onto this site mast be from a Ie~aily operated mizze ar other approved suurce. A single use bon-o~v site ar an area to waste material is anly permissible if it is gperated under the total control of the Financially Responsible person or firm lvho is developing this site and has been separately permitted and incozporated as part of this plan zzzeeting all. the requirements of NC General Statue 7~-X9(7}f. 7. This permit allows far a land distuz°bazzce, as called for on the application plan, not to exceed G acres. Exceedizt~ that acreage ~=ill be a vialation of this permit and would require a revised plan and additianai application fee. .Any addition in izrzperviaus surface, over that already noted on the approved plazz, tivould also require a revised plan to verify the appropriateness of tl~e erasion cantral measures and starrrzwater retention measures. 8. The canstructian detail for the proposed silt. fence requires reinforcing wire and steel pasts a maximum of S feet. apart.. Ozrzissian of tilze reinforcing wire is a eonstnzctian change that necessitates mare posts .far support, i.e., the spacing. distance needs to be reduced to na greater than t~ feet apart. ~. Because the stortn~vater retentiaz~ pond are showz7 oz1 the plan as the primary sedimentation and erasion central devices an this project, it is necessar}= that the pand and it's callec:tian system be izzstalled before any other grading takes place on site. if that proves to be impractical, a revised plan znust be submitted and approved that addresses erosion and sediment cantral needs during. the interim period until the pand is fully functioning. 10. Isla ~vark shall be performed ~~~ithin the existing wetlands until 4vritten approval from the t1.S. Arrzzy Corps of Ez7gizzeers has been obtained. 1 1. A graveled canstz°uction entrance must be located at each paint of access and egress available to construction vehicles dtn-iz7g file grading azzd canstr4zction phases of this project. Access and egress from fhc, project site at a point tivithaut a graveled entrance will be considered a violation oftlzis approval. Routine maintenance of the entrances is critical. l2. The North Carolina. Sedimentation Pallutiaaa Control Act mandates a shortened time frame in which to re-establish vegetative graundcorrer. Slopes (including cuts, fills, azzd ditch banl:sj left exposed ~~=ill, within ?1 calendar days after caple,tian of tizzy phase of grading, he planted ar athcnvisc provided ~~°ith graundeover sufl~cient to pez-znanently restrain erosiozz. ,~; ;; (Excise Tax) ~ Recording time, Book and Page i Presenter ~~1~ ~C,CL~~et: ~ 3 Total >~d Rev Int~__ Ck $ t-LCS Ck #o~, eG•7Cash $ Refund: Cash $ Finance ~ Portions of document are illegible due to condition of original. ^ Document contains seals verified by original instrument that cannot be reproduced or copied. Tax Parcel No. Prepared By: James A. MacDonald, Attorney ~~t4.~ 7 a ~, Allen, MacDonald & Davis, PLLC 1508 Military Cutoff Road, Suite 102 Wilmington, North Carolina 28403 After recording mail to: GSSC Properties, LLC Co K~atE~.~ Ess 1508 Military Cutoff Road, Suite 302 ~pp2 Wilmington, North Carolina 28403 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 62612 P0813 16 15 06.000 II I I'II (III (III I I I I III (I II I i I III II III 09 10 2007 Robert J. Robinson Brunswick County, NC Register of Deeds page 1 of 3 WARFZANTY DEED THIS DEED, made this _~no (h day of August, 2007, by and between, ST. JAMES SAFE STORAGE, LLC, a North Carolina limited liability company, herein called the Grantor, and GSSC PROPERTIES, LLC, a North Carolina limited liability company, hereinafter called the Grantee. The designations Grantor and Grantee, as used herein, shall include said parties, their successors and assigns, and shall include singular, plural, masculine, feminine or neuter, as required by context. WITNESSETH: THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and, by these presents, does hereby grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING ALL OF THAT PROPERTY SHOWN ON EXHIBIT "A," WHICII IS HERETO ATTACHED AND INCORPORATED BY REFERENCE. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. i' • 09 10 2007 82612 P0814 ., 6 15 06.000 IIII II I I II IIII illl I III~III I III III I IIIr of b[)eeds ~ P 9e 2 of 3 Brunswtc y, 9 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed by its duly authorized manager, the day and year first above written. ST. JAMES SAFE STORAGE, LLC, a North Carolina limited liability company, BY• •.~- TH AS O. HOL SHED, Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person, personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: THOMAS O. HOLLINSHED, Manager of ST. JAMES SAFE STORAGE, LLC, a North Carolina limited liability company, [CHECK ONE ] ^ (i) I have personal knowledge of the identity of the principal; or ^ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a ~~•~~ Date:_ ~~~ G~(~ o , 2007 ~_•' ~ JJ •, .~. w ~:, ~? P~~~ Notary Public Signature t(bffical~Se~al ofNotary) .~,~ Notary Public's Printed Na e ~yg My Commission Expires: r B2612 P0815 16 15 06 . ©0© II I i I II I II I II III I I i III II II I II II I II III 09 1 m 2007 Brunswick County, NC Register of bDeeds' Robinson page 3 of 3 EXHIBIT "A" BEGINNING at an iron pipe in the western line of Lot 29 of Morehead Farms as said Lot 29 is shown on the map recorded in Map Book U, at Page 9 of the Brunswick County Registry said beginning point being the following courses and distances from NCGS Monument "Mobile" havingNCGS Coordinates (X) 2264987.35 and (Y) 81620.431 and, running thence South 74° 44' 00" East 14,026.64 feet to an iron pipe at the intersection of the center line of Executive Park Boulevard SE (60 foot ROW) with the northern right of way line of N.C. Highway 211 (150 foot ROW); thence South 74° 30' 39" East 547.65 feet along the northern right of way of N.C. Highway 211 to an iron pipe at the southwest corner of Lot 29 of Morehead Farms; thence with and along the western line of Lot 29 of Morehead Farms North I S° 29' 21" East 577.42 feet to the point and place of beginning, running thence with the western line of Lot 29 of Morehead Farms North 15° 29' 21"East 922.58 feet to an iron pipe at the northwest corner of Lot 29 of Morehead Farms; thence with and along the northern line of Lot 29 of Morehead Farms South 74° 30' 39" East 440.0 feet to an iron pipe marking the northeast corner of Lot 29 of Morehead Farms; thence with and along the eastern line of Lot 29 of Morehead Farms South 15° 29' 21 "West 979.16 feet to an iron pipe; thence North 71 ° 52' 43" West 19.98 feet to a point; thence North 23° 42' 41" West 56.22 feet to a point; thence North 14° 31' 11" West 46.58 feet to a point; thence North 35° 13' 10" West 43.46 feet to a point; thence South 86° 22' 22" West 42.77 feet to a point; thence South 68° 33' 21" West 44.77 feet to a point; thence North 37° 21' 13" West 59.05 feet to a point; thence South 03° 14' 10" West 41.77 feet to a point; thence South 31° 03' OS" West 62.62 feet to a point; thence North 53° 10' 00" West 33.62 feet to a point; thence North 53° 34' 39" West 28.74 feet to a point; thence North 24° 57' 31"West 36.95 feet to a point; thence North 74° 30' 39" West 114.24 feet to a point in the western line of Lot 29 of Morehead Farms, the same being the begiruling point and said tract containing 9.31 acres, more or less, and being the northern portion of Lot 29 of Morehead Farms. 09 10 2007 111111 II IIIIIIII IIIIIIIII IIIII.IIIII B2612 ?a$?~ it son 06.00, Brunswick County, NC Register of Deeds page 1 of 3 Presenter ~ ~l~-_~c~et:~s Total _~______ Rev - Int _~~V~~ - Ck $ x--14 Clc #~aCash $ _ Refund; ____ Ca;h ~ ___ Finance _ ^ Portions of documen(are illegi~le due to condition of original. ^ Documen(contains seals verified by original instrument Thal cannot f~ reproduced or copied. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK INSTRUMENT OF COMBINATION This INSTRUMENT OF COMBINATION, as required by the COUNTY OF BRUNSWICK is made this the ~~~ day of August, in the year 2007. Whereas GSSC Properties, LLC f/k/a Gulfstream Shopping Center Properties, LLC, the makers of this instrument, wish to combine two tracts ofland into one for"purposes expressed herein only. THAT WHEREAS, the maker of the INSTRUMENT OF COMBINATION own certain properties, parcels, or tracts ofland in Lockwood Folly Township, all of which was duly recorded in the Brunswick County Register of Deeds office in Book 1648, at Page 85 and Book a(~~7c~; at Page ~, WHEREAS, for the purpose of complying with the Brunswick County Zoning requirements only, said maker of instrument wishes to combine the above-mentioned tracts ofland to meet the requirements of all applicable provisions thereof. Thereby, upon execution ofthis [NSTRUMENT OF COMBINATION, the above-mentioned tracts of land for purposes of meeting the requirements of the County with regard to zoning requirements only, maybe combined and hereafter may be described as follow: SEE ATTACHED EXHIBIT "A" WHICH IS INCORPORATED BY REFERENCE AS IF FULLY SET OUT HEREIN. PREPgRED BY & RETUR,'V TO ALLEN, MACDONA~p & DAMS, PLLC 1808 MILITARY GUTOFF ROAp WILMIN~TON102 NC 28403 IIIIIIIIIIillllililllllllllllilllll B1612 P081109_,m_z007 Brunswick Count II Robert J, 16 15 06 m01 Y. NC Register of Deeds Robinson page 2 of 3 IN WITNESS WHEREOF, this is a limited special purpose instrument for the purposes specified above and is not a conveyance of ownership in any way, further that such combination may be uncombined by the undersigned upon execution of an instrument of un-combination the makers have hereunto set their hand and seal, the day and year first abo~e written for the purpose expressed. GSSC PROPER IES, LLC, f/k/a GULFSTREAM SHOP~NG CE TER PROP~ER~S, LLC BY: 11~anager STATE OF NORTH CAROLINA COUNTY OF f;'~$~ I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: JON T. VINCENT, Manager of GSSC PROPERTIES, LLC f/k/a GULFSTREAM SHOPPING CENTER PROPERTIES, LLC, a North Carolina limited liability company [CH ECK ONE] ~ (I) I have personal knowledge of the identity of the principal; or ^ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a Date: ~c~ ~ ~ ,.,~Uo7 Not_ Public Sig~n/ature C)~ ~ /''IE~./ ~Qiu (Official Seal of Notary) Notary Public's Printed Name My Commission Expires: S~- / u- / G .`~1~mmm~mrfi~! ,~`. ~.~ R. P~IZg: r.., _= ~.: , =:z: :~~. 82612 P0818 06-15-060001 IIII'II i II li'li III I IIIIIII I Iil II!I illy of bDeeds page 3 Hof 3 Bruns y, 9 EXHIBIT "A" BEGINNING at an iron pipe in the eastern right of way line of Executive Park Boulevard SE (60 foot ROW) where it is intersected by the dividing line between Lots 3 and 4 of the plat for Southport-Oak Island Area Committee of 100 Business Park as shown on a survey by McHenry Surveying dated March 8, 2001 and recorded in Map Cabinet 24, at Page 85 of the Brunswick County Registry said beginning pipe being located as measured along the eastern right of way of Executive Park Boulevard SE, North 17° 57' 25" East 1041.10 feet from the intersection of the eastern right of way line of Executive Boulevard SE with the northern line of N.C. Highway 211 (150.0 foot ROW); thence running with the dividing line of Lot 3 and 4 South 74° 30' 37" East 472.80 feet to the western line of Lot 29 Morehead Farms, running thence with the western line of Lot 29 of Morehead Farms North 15° 29' 21" East 459.86 feet to an iron pipe at the northwest corner of Lot 29 of Morehead Farms; thence with and along the northern line of Lot 29 of Morehead Farms South 74° 30' 39" East 440.0 feet to an iron pipe marking the northeast corner of Lot 29 of Morehead Farms; thence with and along the eastern line of Lot 29 of Morehead Farms South 15° 29' 21"West 979.16 feet to an iron pipe; thence North 71° 52' 43" West 19.98 feet to a point; thence North 23° 42' 41" West 56.22 feet to a point; thence North 14° 31' 11" West 46.58 feet to a point; thence North 35° 13' 10" West 43.46 feet to a point; thence South 86° 22' 22" West 42.77 feet to a point; thence South 68° 33' 21" West 44.77 feet to a point; thence North 37° 21' 13" West 59.05 feet to a point; thence South 03° 14' 10" West 41.77 feet to a point; thence South 31° 03' OS" West 62.62 feet to a point; thence North 53° 10' 00" West 33.62 feet to a point; thence North 53° 34' 39" West 28.74 feet to.a point; thence North 24° 57' 31"West 36.95 feet to a point; thence North 74° 30' 39" West 114.24 feet to a point .in the western line of Lot 29 of Morehead Farms; thence running with and along the western line of Morehead Farms North 15° 29' 21" East 270.09 feet to a point marking the southeast corner of Lot 3 as shown on the plat for the Southport-Oak Island Area Committee of 100 Business Park as shown in Map Cabinet 24, at Page 85 of the Brunswick County Registry, running thence with and along the dividing line between Lots 2 and 3 of the Southport-Oak Island Area Committee of 100 Business Park North 75° 39' 27" West 481.67 feet to an iron pipe in the eastern line of Executive Park Boulevard SE; thence with and along the eastern line of Executive Park Boulevard SE North 17° 57' 24" East 203.78 feet to the point of beginning.