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HomeMy WebLinkAboutSW7910903_HISTORICAL FILE_20210225STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �(9� YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality February 25, 2021 Peachtree Shoreside, LLC c/o Hudgens Management, LLC, Manager Attention: William A. Brogdon 3425 Duluth Park Lane Duluth, GA 30096 Subject: Stormwater Permit No. SW7910903 Renewal Shoreside Center — Walmart — Kitty Hawk, NC High Density Stormwater Project Dare County Dear Mr. Brogdon: wU VQ A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW910903 for a stormwater treatment system consisting of a wet detention pond and an infiltration basin to serve Shoreside Shopping Center - Walmart located at 5400 North Croatan Hwy, Kitty Hawk, NC expires on August 4, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. To keep this permit active please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Permit application forms for renewal can be found on our website at: https•//deq nc gov/about/divisions/energy_-mineral-land-resources/energy mineral-land- rules/stormwater-program/post-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with, you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger.thorpeftcderingov. Sincerely, Roger K. Thorpe Environmental Engineer �tt North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NPIiH GttYJNA // 252.946.6481 ®� Kimley-Horn and Associates, Inc Transmittal RECEIVED JUL - 5 2012 Date: July 3, 2012 QmWA Project Name: Kith Hawk Walmart #2000-05 To: At Hodee 943 Washington Square Mall Washington, NC 27889 We are sending these by ❑ U.S. Mail ❑ Other: We are sending you ❑ Attached ❑ Shop Drawings ® Other: 2000 South Boulevard Suite 440 Charlotte, North Carolina 28203 ® FedEx ❑ Hand Deliver ❑ Under separate cover via the following items: ❑ Prints/Plans ❑ Samples ❑ Specifications ❑ Change Orders Copies Date No. Description These are transmitted as checked below '❑ For your use ❑ Approved as submitted ❑ Resubmit ❑ Copies for approval ❑ As requested ❑ Approved as noted ® Submit ❑ Copies for distribution ❑ For review and comment ❑ Returned for corrections ❑ Return ❑ Corrected prints Remarks: Please call the at 704-333-5131 with any questions. Thanks. Copy to: TEL 704 333 5131 FAX 704 333 0845 Signed Matt Cox Page I r, A 7. State Stormwater Management Systems Permit No. SW7910903 MOD Shoreside Center Stormwater Permit No. SW7910903 Modification Dare County Designer's Certification W7y as a duly registered P I l jlylt"' in the State of North Carolina, having been authorized to observe io ica weekly/ full time) the construction of the project, .��,A,.-1 �,,,,�In � r.l, �i�l �q �n u �Ii1, 0 inv� (Project) Shore alL (-{a\A) for �f Mns Val, p�p/��� ' � je I<H ), ereby � Pro ect 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: FARO �4 a SEAL 031446 SEAL i GINti • O �� Signature. 'i yR1jyE`N,G��`� Registration Number 03 ('+4-b Date Page 7 of 8 • f :� -•. vi ��''r� .a . t l� ry. r� � W • CJ i� c� `v-...? '.;�''�� _ Jan.® b�' . .,.,{�``. State Stormwater Management Systems Permit No. SW7910903 MOD Certification Requirements: ✓ 2. ✓ 5. ✓ 6. dL,.2_7. ✓ 8. /. 10 nwL 12. The drainage area to thesystem contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. Ali the built -upon area associated with the project is graded such that the runoff drains to the system. All roof drains are located such that the runoff is directed into the system The outlet/bypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. Vegetated. slopes are no steeper than 3:1. The inlets are located per the approved plans and do not cause short- circuiting of the system. The permitted amounts of surface area and/or volume have been provided. 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, �Z/ 15. The required system dimensions are provided per the approved plans. cc: TowDn of KiittttyVHawk ashington Planning /Regional Office Buuildingl Inspections Page 8 of 8 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director August 4, 2011 Mr. Thomas W. Wheeler, Jr, President TW&W at KHNC, LLC PO Box 957209 Duluth, GA 30095 see o ,, nQY cLa.K� 8//8/ir Subject: Stormwater Permit No. SW7910903 Modification Shoreside Center, WalMart, Kitty Hawk High Density Project Dare County Dear Mr. Wheeler: Dee Freeman Secretary The Washington Regional Office received a complete Stormwater Management Permit Application for the modification of Shoreside Center, WalMart, Kitty Hawk on August 1, 2011. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2008-211. We are forwarding Permit No. SW7910903 Modification dated August 4, 2011, for the construction of a new infiltration basin and building expansion for the subject project. The permit for this project issued on November 18, 2008 is hereby rescinded and replaced with this permit. This permit shall be effective from the date of issuance until August 4, 2021, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946-6481. Ulod Regional Supervisor Surface Water Protection Section AH/sv: K:\SAV\K — Stormwater\PERMIT\SW7910903 Mod cc: Matt Cox — Kimley-Horn & Associates Town of Kitty Hawk Planning / Building Inspections t/Washington Regional Office North Carolina Division of Water Quality Internet:w .nmaterquality.org one 943 Washington Square Mall Phone: 252.946.6481 1 FAX 252-946-9215 f�]O[-tl t CarO� l lla Washington, NC 27889 FAX: 252-946-9215 Naturally An Equal Opportunity Affirmative Action Employer bi State Stormwater Management Systems Permit No. SW7910903 MOD . 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 TW&W at KHNC, LLC Shoreside Center, Wa1Mart — Kitty Hawk Dare County FOR THE construction, operation and maintenance of one wet detention pond and one infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008- 211 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 4, 2021, 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. This permit modification covers the addition of a new infiltration basin to collect and treat the runoff from 62,291 square feet of existing parking impervious area in order to allow for the new building expansion of 33,106 square feet of impervious area to be collected and treated by the existing wet detention basin. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The two stormwater controls have been designed to handle the runoff from 630,967 square feet of impervious area. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 15.25 (664,290 s.f.) b. Total Impervious Surfaces, ft': 568,676 C. Pond Depth, feet: 4.50 d. TSS removal efficiency: 85% e. Permanent Pool Elevation, FMSL: 4.00 f. Required Permanent Pool Surface Area, f2: 35,207 g. Provided Permanent Pool Surface Area, ft : 35,269 h. Permanent Pool Volume,. ft : 87,511 i. Temporary Storage Elevation, FMSL: 5.50 j. Required Storage Volume, ft3: 49,822 k. Provided Storage Volume, ft : 57,279 I. Controlling Orifice: 3@2"0 pipe M. Receiving Stream/River Basin: Kitty Hawk Bay / Pasquotank y0-19 n. Stream Index Number: o. Classification of Water Body: "SC" The following following design elements have been permitted for the infiltration basin stormwater facility, and must be provided in the system at all times. a. Drainage Area, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. TSS removal efficiency: e. Basin Design Depth: f. Bottom Elevation, FMSL : g. Bottom Surface Area, ft : h. Bypass Weir Elevation, fmsl: i. Permitted Storage Volume, ft3: j. Type of Soil: k. Expected Infiltration Rate, in/hr I. Seasonal High Water Table, fmsl: m. Time to Draw Down, hrs: n. Receiving Stream / River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 75,359 62,291 1.50 85% 1.90 feet 5.50 7,032 7.40 16,294 at temporary pool Fripp / fine sand 10.64 3.50 1.30 Kitty Hawk Bay / Pasquotank 30-19 "SC" The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 3 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD 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 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. Mowin.9 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. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. 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. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Mayor permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. Page 4 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable 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 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 does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 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 for 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. Page 5 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. 10. This permit shall be effective from the date of issuance until August 4, 2021. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 4th day of August, 2011. NO I TH CA OLINA ENVIRONMENTAL MANAGEMENT COMMISSION A, L - for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Stormwater Permit No. SW7910903 Modification Page 6 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD Shoreside Center Stormwater Permit No. SW7910903 Modification Dare County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW7910903 MOD Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Town of Kitty Hawk Planning / Building Inspections Page 8 of 8 DWQ USE ONLY znj,17w, Date Received C u,1 0,V77 Fee Paid Permit Number T`l000 I ,SL,U 7 t o O M o Applicable Rules: ❑ 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 Department of Environment and Natural Resources v Division of Water Quality AUG 0 12011 STORMWATER MANAGEMENT PERMIT APPLICATIGA&PRM DWQ This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Walmart, Kittv Hawk, NC - Store #2000-05 2. Location of Project (street address): 5400 North Croatan Highway City:Kitty Hawk County:Dare Zip:27949 3. Directions to project (from nearest major intersection): Heading north on US Highway 158 from downtown Kitty Hawk the main site entrance is located approximately 1,100 feet west from the intersection of US Highway 158 (North Croatan Highway) and 4. Latitude:36* 05' 46" N Longitude:75° 43' 09" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW7910903 , its issue date (if known)11/18/2008 and the status of construction: El Not Started ❑Partially Completed* ® Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, N/A and the previous name of the project, if different than currently proposed, N/A 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: 4 ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit:N/A aQp Form SWU-101 Version 07Jun2010 Page 1 of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:TW & W AT KHNC, LLC Signing Official & Title:Mr. Thomas W. WFleeler. Jr. - President b.Contact information for person listed in item 1a above: Street Address:1960 Satellite Boulevard. Suite 1300 City:Duluth State:GA Zip:30097 Mailing Address (if applicable):P.O. Box 957209 City:Duluth State:GA Zip:30095 Phone: (770 ) 476-4801 Fax: (770 ) 495-1458 Email:twheeler@wheelerkolb.com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Signing Official & b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if City: Phone: ( 1 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/Organization: Matt Cox. Kimlev-Horn and Associates Inc Signing Official & Title:Engineer of Record b.Contact information for person listed in item 3a above: Mailing Address:2000_South Boulevard, Suite 440 City:Charlotte State:NC Zip:20203 Phone: (704 ) 954-7492 Fax: (704 1 333-0845 Email:matt.cox@kimley-hom.com 4. Local jurisdiction for building permits: Dare County Point of Contact: Phone #: Form SWU-101 Version 07Jun2010 Page 2 of 7 IV. PROJECT INFORMATION 1. In the space provided below, brieFlv summarize how the stormwater runoff will be treated. A infiltration basin has been designed to treat the impervious area increase (0.76 ac) due to a proposed walmart expansion. The infiltration basin is identified as Drainage Area 2 on this application The infiltration basin overflow drains to the existing wet pond which was previously permitted (No SW7910903) and identified as Drainage Area 1 on this application. Drainage Area 1 information was taken from the previous stormwater permited issued by DWO. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction i 3. Stormwater runoff from this project drains to the 4. Total Property Area: 18.26 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area°:18.26 acres Total project area shall be calculated to exclude the followin the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the ormal High Water (NHW) Line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHM 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 = 66 % 9. How many drainage areas does the project have?Two (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use I 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. Rig Form SWU-101 Version 07Jun2010 Page 3 of 7 I P rv6D4 0(r-5 t �7 iv 4� PyP� mot' G, 5101 n 5 (�Y?o,�:tt�cKl i^(',�ie5"•t-r F,t.�%• Basin Information Drainage Area 1 Drainage Area 2 Drainage Area Drainage Area Receiving Stream Name ^ �'� n s/s M Kitty A Hawk Bay Rat drain - to Kitty Hawk Bay Stream Class * SC SC Stream Index Number 1 30-19 30-19 Total Drainage Area (so / 'y,3 664,290 33,106 On -site Drainage Area (so % 7 664,290 33,106 S Off -site Drainage Area (so 0 0 Proposed Impervious Area"* s 597,861 33,106 7. Impervious Area** total 90 100 937, Impervious— Surface Area Drainage Area 1 Drainage Area 2 Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 597,861 33,106 On -site Streets (so 0 On -site Parking (so 0 On -site Sidewalks (so 0 Other on -site (so 0 Future (so 0 Off -site (so 0 Existing BUA*** (so 597,861 4' �S Total (so: 597,861 630,967 6.2,,zS/ Stream Class and Index Number can be determined at: lrttp.aortal.ncdenr.org webhvas/esu/classifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BLIA. 11. How was the off -site impervious area listed above determined? Provide documentation. No Off -site water. Proiects in Union County: Contact DWQ 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 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 htt2://12ortal.ncdenr.orgZweb/wq/ws/­su/bml2-nianual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://yortal.ncdenr.org/web/wq/ws/so/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http //12ortal.ncderLr.org/ web /wq /ws/su/mal2s.) Please indicate that the following required information have been provided by initialin 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://12ortal.ncdertr.org/web/wq/ws/su/statesw/forms dots. (b"� Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 5 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants y Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and cigedl and O&M agreement(s) for each BMP. Form SWU-101 Version 07Jun2010 Page 4 of 7 Basin Information Draina a Area 1 Draina e Area 2 Draina a Area _ Draina e Area _ Receiving Stream Name Does not drain to Kitty Hawk Bay Does not drain to Kitty Hawk Bay Stream Class * y -H�z L Stream Index Number * 30-19 30-19 Total Drainage Area (so 664,290 33,106 On -site Drainage Area (so 664,290 33,106 Off -site Drainage Area (so 0 0 Proposed Impervious Area** (s 597,861 33,106 % Impervious Area" (total) 90 100 Impervious— Surface Area Draina a Area 1 Draina e Area 2 Draina a Area _ Draina a Area _ On -site Buildings/Lots (so 597,861 33,106 On -site Streets (so 0 On -site Parking (so 0 On -site Sidewalks (so 0 Other on -site (so 0 Future (so 0 Off -site (so 0 Existing BUA*' (so 597,861 Total (so: 597,861 63D,967 Stream Class and Index Number can be determined at: httpl/vortal.ncdenr.or hvebhoq(ps/csu/classificnhbns Bnppenvious area is defined as the built upon area including, but not lintited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only that antomtt of existing BUA dint will remain after development. Do not report any existing BUA flat ® is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. No Off -site water. Projects in Union Countv: Contact DIVO Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stornnvaler requirements as per 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://portai.ncdem.org/web/wq/ws/su/bap-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from h!M://portal.ncdeiir.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http //portad.ncdem.orgJweb/wq/ws/su /maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package fromhttp://portal.ncdem•.oro/web/wq/ws/su/statesw/forms does. Initials 1. Original mid one copy of the Stormwater Management Permit Application Form. AA;_; 2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants NIE 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 Wz http://www.envhelp.org/pages/onestopexpress.html for information on the Express program Form SWU-101 Version 077un2010 Page 4 of 7 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/management for M�1= 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the _)VAV - receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations. MC: 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: WE 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 NEHW or NI-lW lines. o Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). ® 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify �2 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"xII" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to veiifij the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book:1495 Page No: 412 M A C 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 NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hgp://www.secretary.state.nc.us/Corporations/CSearch.asRx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from - http://portal.ncdenr.org/web/wo/ws/suIstatesw/forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signatmre(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 DWQ and that they will be recorded prior to the sale of any lot. Form SWU-101 Version 07Jun2010 Page 5 of 7 i' 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/12ages/onestopexl2ress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for 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'/x mile radius on the map. 7. Sealed, signed and dated calculations. 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 impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHWF prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 1495 Page No: 412 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 NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. httl2://www.secretary.state.nc.us/Corl2orations/CSearch.asl2x Form SWU-101 Version 07Jun2010 Page 5 of VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all 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 DWQ, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Matt Cox, PE Consulting Firm: Kimley-Horn and Associates, Inc. Mailing Address:2000 South Boulevard, Suite 440 City:Charlotte State:NC Zip:28203 Phone: (704 ) 333-5131 Fax: (704 ) 333-0845 Email:matt.cox@kimley-horn.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, itern 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1 a) 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 SW-101 Version 07Jun2010 Page 6 of 7 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. a Notary Public for the State of do hereby certify that before me this _ day of County of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in Contact Information, item la) Thomas W. Wheeler, fr. certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC ?H .1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Date:_ 7iZ z --2 #9// d1A a Notary Publi£for 7the State of _f i Q- County of �t4&n a1, doh ereb certify that ! eA1/jS !?/, "PG/� ✓✓ personally appeared c before me this day of aoh , aend ackn a due exg utio of the applicat on for a Stormwater permit. Witness m hand and official seal !//LJ� SEAL My commission expires /�%'�aA4 Form SWU-101 Version 07Jun2010 Page 7 of 7 ll i Permit No. (to be Provided by DWQ) o?�F WaiF9pG ®� STORMWATER MANAGEMENT PERMIT APPLICATION FORM o� PICDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. _ - L, PROJECT:INFORMATION' Project Name r Walmart Supementer'-Kitty Hawk, NC Contact Person Matthew Edwards Phone Number 704-954-7493 - Date 712812011 Drainage Area Number 1 IL DESIGN,INFORMATION. - e - 4- _ Site Characteristics Drainage area 75,358.80 ft2 - Impervious area 62,290.80 ft2 Percent impervious Design rainfall depth 0.83 1.50 % in �Y gq 7�-y u�� JmFie • E I `/ p� - D `�,J Peak Flow Calculations V 1-yr, 24-hr rainfall depth 4.00 in AUG O' 2U11 1-yr, 24-hr intensity - 0.14 '4 inlhr Pre -development 1-yr, 24-hr discharge 0.00 ft3/sec Post -development 1-yr,24-hrdischarge '- 0.00;_. ft3lsec DWQ Pre/Post 1-yr, 24-hr peak flow control 0.00 ft3/sec PROJ # Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1,5* runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area 7,479.00 rya -16,294.00 ft3 ft3 ft3 ft3 ft3 ft3 Fripp l fine sand 10.64 in/hr 3.50 fmsl 0.03 days 3.00 :1 5.50 fmsl 7.40 first 10,120,00:' ft2 .. 12.00 fmsl 135.00 It 52.00 If 7,032.00 ft2 OK for non -SA waters OK OK OK Form SW401-Infiltration Basin-Rev.4 Parts I. & II. Design Summary, Page 1 of 3 Permit No.—' ' • (to be pmvidetl by DWQ) Additional Information " Maximum runoff to each inlet to the basin? 0.04 ac-in OK Length of vegetative filter for overflow NA - = ft OK Distance to structure NA ft OK Distance from surface waters NA ft OK Distance from water supply well(s) NA ft OK Separation from impervious soil layer NA ft OK " Naturally occuring soil above shwt 2.00 - ff OK Bottom covered with 4-in of clean sand? Yes (Y or N) OK Proposed drainage easement provided? Yes (Y or N) OK Capures all runoff at ultimate build -out? Yes (Y or N) OK " Bypass provided for larger storms? Yes (Y or N) OK Pretreatment device provided NA Form SW401-InfAragon Basin-Rev.4 Pans t. & II. Design Summary, Page 2 of 3 T Permit (to be provided by DWQ) IIL;REQUIRED ITEMS CHECKLIST . Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. UYJ 11 PE C 0 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. j/1 AE C-tD 2. Partial plan (1" = 30' or larger) and details for the infiltration basin showing: - Bypass structure, - Maintenance access, - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, - Flow distribution detail for inflow, - Vegetated filter, and - Pretreatment device. t� F C�(y 3. Section view of the infiltration basin (1" = 20' or larger) showing: - Pretreatment and treatment areas, and - Inlet and outlet structures. M A C Ir,s 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. 'pp�A r� E' 6. A construction sequence that shows how the infiltration basin will be protected from sediment until the entire drainage area is stabilized. MAC 7. The supporting calculations. MkE 8. A copy of the signed and notarized operation and maintenance (08M) agreement. M�� ✓ 9. A copy of the deed restrictions (if required). Form SW401-Infiltration Basin-Rev.4 Page 3 of 3 Part III. Required Items Checklist, Page 3 of 3 EXPRESS 1 9 Permit Number: sw c) i O q QJ (to be provided by DWQ) Drainage Area Number: NC M_ Rtion Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be . watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Infiltration Basin O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. The embankment Shrubs or trees have started -spray). Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Walmart, Kitty Hawk, NC - Store #2000-05 BMP drainage area mnnber:One Print name:T W and W at KHNC, LLC - Thomas W. Wheeler, Jr. Title:Sole Managing Member Address:1960 Satellite Blvd, Suite 1300, Duluth, GA 30095 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, &� BSIfA /7 Adk'OZ, - , a Notary Public for the State of G7t 0601'a County of C7u),nne do hereby certify that _%� personally appeared before me this llf day of S ao/� , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, muinry�,� �%iY�/�,}.O.IGL �l��at2trOl�i p. ANp,9iey� G ..,�pug�•���'" 2 tea. tG��``�. SEAL My commission expires 3--1 3 --� a SZ Form SW40 I -Infiltration Basin O&M-Rev.3 Page 3 of 3 . 1. 6 DWQ USE ONLY at cziv C�.0 7-itFee Paid Permit Number n Sb l q10903 Applicab 1e Rhoastal SW -1995 ❑ Coastal SW (select all on -Coastal SW- HQW/ORW Waters ❑ Other WQ Mgmt - 2008 ❑ Ph If - Post Construction ❑ Universal Stormwater Management Plan Plan: State of North Carolina 1 Department of Environment and Natural Resources �1 ��( rt Division of Water Quality G /vim STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form rnny be photocopied for use as an original y' ��� 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.): Walmart, Kitty Hawk, NC - Store #2000-05 2. Location of Project (street address): 5400 North Croatan Highway City:Kitty Flawk County:Dare Zip:27949 3. Directions to project (from nearest major intersection): Heading north on US Highway 158 from downtown Kitty Hawk the man site entrance is located approximately 1,100 feet west from the intersection of US Flighway 158 (North Croatan Highway) and Ocean Boulevard. , 4. Latimcle:360 05' 46" N Longitude:75° 43' 09" W of the main entrance to the project. H. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW7910903 , its issue date (if known)11/18/2008 , and the status of construction: ❑Not Started ❑Partially Completed* ® Completed* "Provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, N/A and the previous name of the project, if different than currently proposed, N/A 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 4 ac of Disturbed Area 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:N/A Form SWU-101 Version 07Jun2010 Page 1 of III. CONTACT INFORMATION 1, a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:TW & W AT KHNC LLC Signing Official & Title:Mr. Thomas W. WHeeler, Jr. - President b.Contact information for person listed in item la above: Street Address:1960 Satellite Boulevard, Suite 1300 City:Duluth State:GA Zip:30097 Mailing Address (if applicable):P.O. Box 957209 City:Duluth State:GA Zip:30095 Phone: (770 1 476-4801 Fax: (770 1 495-1458 Email: twheeler@wheelerkolb.com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/ Signing Official & b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): Phone: ( 1 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/Organization:Matt Cox. Kimlev-Horn and Associates Inc Signing Official & Title:Engineer of Record b.Contact information for person listed in item 3a above: Mailing Address:4651 Charlotte Park Drive Suite 300 City:Charlotte Phone: (704 1 954-7492 Email:matt.cox@kimlev-horn.com 4. Local jurisdiction for building permits: Dare County State:NC Zip:28217 Fax: (704 ) 333-0845 Point of Contact: I _ Phone #: Form SWU-101 Version 07Jun2010 Page 2 of 7 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. A infiltration basin has been designed to treat the impervious area increase (0.76 ac) due to a proposed walmart expansion The infiltration basin is identified as Drainage Area 2 on this application The infiltration basin overflow drains to the existing wet pond which was previously permited (No SW7910903) and identified as Drainage Area 1 on this application Drainage Area I information was taken from the previous stormwater permit issued by DWQ 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph 11- Post Construction 3. Stormwater runoff from this project drains to the Does not drain to Kitty Hawk Bay RiN 4. Total Property Area: 18.26 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:18.26 acres Total project area shall be calculated to exclude the folloroin the noruml pool of impounded structures, the area bettoeen the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward front 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 nray be included in the total project area. S. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 66 9. How many drainage areas does the project have?Two (For high density, count I for each proposed engineered stornnoater BMP. For low density and other projects, use 1 for the eohole 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. Form S WU-101 Version 07Jun2010 Page 3 of 7 Basin Information Drainage Area 1. Drainage Area 2 Draina e Area Draina e Area Receiving Stream Name Dew -4e-Kitty Hawk Bay Beat uQt c4riin 4o-Kitty Hawk BayfytY _ 1 '' Stream Class Pydregrnphy H" iy 5C Stream Index Number * 30-19 30-19 Total Drainage Area (so 664,290 33,106 On -site Drainage Area (so 664,290 33,106 Off -site Drainage Area (so 0 0 Proposed Impervious Area** (so 597,861 33,106 % Impervious Area** (total) 90 100 hn ervious" Surface Area Drainage Area 1 Drainage Area 2 Prainage Area Drainage Area On -site Buildings/Lots (so 597,861 33,106 _ _ On -site Streets (so 0 On -site Parking (so 0 6 2 CI l On -site Sidewalks (so 0 Other on -site (sf) 0 Future (so 0 Off -site (so 0 Existing BUA*** (so 597,861 q ]) 6 z z5 egdSt- Total (so: 597,861 630,967 6 ag 5 (v Stream Class and Index Number can be determined at: http://portal.nedenir o),Q/rneb/zo9/ps/esu/clnssificatioris imppervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidernalks, gravel areas, etc. ***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and zohich Will be replaced by nezv BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. No Off -site water. Projects in Union County: Contact DIVQ Central Office staffo check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stornnrater requirements as per YCAC 028.0600. 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.ncdenr.org/%veb/wcl/;vs/su/bniu-nianual- VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal ncdenr org/web/wq/ws/su/statesw/forms dots. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http'/ /portal ncdenr orgZ web/wq/ws/su/mUs) Please indicate that the following required information have been provided by initialin 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://portal ncdenr org/web/wq/ws/su/statesw/forms does. Ini 'als 1. Original and one copy of the Stormwater Management Permit Application Form. F 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants' AE 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. ,nt 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to Mn� http'//www envhelp org/paees/onestopexpress html for information on the Express program Form SWU-101 Version 07Jun2010 Page 4 of 7 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/management for M A� 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the MAc receiving stream drains to class SA waters within rh mule of the site boundary, include the'/Y mile radius on the map. 7. Sealed, signed and dated calculations. A� 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: MArC a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. I. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. on. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). ry� 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify ►I A� elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xlI" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to venfij the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 1495 Page No: 412 MAF 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC M AF— 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 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. hap://www.secretary.state.nc.us/CorporationsICSearch asnx 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 ht!p://portal.ncdenr.org/web/wg/ws/su/statesw/forms does. Download the latestversions 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 DWQ and that they will be recorded prior to the sale of any lot. Form SWU-101 Version 07Jun2010 Page 5 of 7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Matt Cox, PE Consulting Firm: Kimley-Horn and Associates, Inc Mailing Address:4651 Charlotte Park Drive, Suite 300 City:Charlotte Phone: (704 ) 333-5131 Email:matt.cox@kimley-horii.com State:NC Zip:28217 Fax: (704 1 333-0545 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) 1, (print or type riarne of person listed in Contact hrforrmtion, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact In ormation, item In f ) with (print or type name of organization listed in Contact Information, item la) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. do hereby certify before me this _ day of a Notary Public for the State of County of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission Form SW U-101 Version 07Jun2010 Page 6 of 7 , X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in Contact Information, item la) 77mnms W. Wheeler T certify that the information included on this permit application form is, to the best df 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 wirthequ.?meats of the applicable stormwater rules under I5A NCAC 21-I.10 , SL2006-246 (Ph. 11- Post Coon) rSL2008-211.SigNnnature: / �/ Da 1,///4 SA- <T • /!n dKi ��?-�-� a Notary Public or the State of C County of Q , do hereby certhat npm'tS lf%• 1!%IJZ/=iL�, J,<. personally appeared before me this'xr day o aO!! and acknowledge the due execution of the application for a stormwater permit. itness*)If d and official seal3?74 �l Z A �/JCL6 SEAL My commission expires ForinSWU-101 Version 071un2010 Page 7of7 :4me r z .4 July 28, 2011 Ms. Lyn Hardison NCDENR 943 Washington Square Mall Washington, NC 27889 RE: Wal-Mart Expansion 92000-05 — Kitty Hawk, NC KHA Ref: 015476085 Dear Ms. Hardison: e Suite 440 2000 South Boulevard Charlotte, NC 28203 On behalf of our Client, Wal-Mart Real Estate Business Trust, we hereby re -submit the following items for DWQ review: Two revised Landscape Plans; Two signed Stormater Management Permit Application Forms; and Two Infiltration Basin Supplement forms. We trust this meets your needs at this time. Should you have any further questions or comments, please feel free to contact me at 704-954-7493. Sincerely, Matthew A. Edwards, P.E. Enclosures RECFIV'ED AUG 0 1 �jit DWQ FROJ # it ',CXRRESS IAUG u 1 2Ut1 WC DENR 0 North Carolina Secretary of State Page 1 of 1 JUL 19 2911 North Carolina EMIDOE Shall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622. Raleigh, INC 27626-0622 (919}807-2000 Date: 7/18/2011 Click here to: View Document Filings I Sign Up for E-Notifications J®.I Pre -populated Annual Report Fillable PDF Form I File an Annual Report � Corporation Names Name Name Type NC T W AND W AT KHNC, LEGAL LLC Limited Liability Company Information SOSID: 0672564 Status: Current -Active Effective Date: 4/23/2003 Dissolution Date: Annual Report Due Date: Citizenship: FOREIGN State of Inc.: GA Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 3525 MALL BLVD., SUITE 5AA DULUTH GA 30096 Mailing Address: P O BOX 957209 DULUTH GA 30195 Officers Title: MANAGER Name: THOMAS W WHEELER JR Business Address: 3525 MALL BLVD., SUITE 5AA DULUTH GA 30096 Title: MEMBER Name: J A WALTERS Business Address: 718 GREEN STREET GAINESVILLE GA 30501 Title: MEMBER Name: CHARLES TREMEL Business Address: 425 NORTH LUMPKIN STREET STE 205 ATHENS GA 30601 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 451 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=56400')6 7/18/2011 North Carolina Secretary of�t,�t,n®ESS Page 1 of 1 JUL 19 Nil North Carolina Elaine F Marrsha!! NC DEsh DEPARTMENT OF THE . Secretary SECRETARYOFSTATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 7/18/2011 Click here to: View Document Filings I Sign Up for E-Notifications I ®I Pre -populated Annual Report Fillable PDF Form I File an Annual Report Corporation Names Name Name Type INC T W AND W AT KHNC, LEGAL LLC Limited Liability Company Information SOSID: 0672564 Status: Current -Active Effective Date: 4/2312003 Dissolution Date: Annual Report Due Date: Citizenship: FOREIGN State of Inc.: GA Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 3525 MALL BLVD., SUITE 5AA DULUTH GA 30096 Mailing Address: P O BOX 957209 DULUTH GA 30195 Officers Title: MANAGER Name: THOMAS W WHEELER JR Business Address: 3525 MALL BLVD., SUITE 5AA DULUTH GA 30096 Title: MEMBER Name: J A WALTERS Business Address: 718 GREEN STREET GAINESVILLE GA 30501 Title: MEMBER Name: CHARLES TREMEL Business Address: 425 NORTH LUMPKIN STREET STE 205 ATHENS GA 30601 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 451 http://wwryv.secretary.state.nc.us/corporations/Corp.aspX?PitemId=5640036 7/18/2011 y ` E)(PRESS JUL 19 2011 SIC ®ENR FIIM •�..�" pool: Ip9a PY,:p,Y3P1 p: NaT'd— OplplaOH� µ:�1P11_-_.. ;;:.�:..�� Ne asal„ ru Pd: atapDa,a Dp, tae.: D¢m 'Lt. n pAar, WatRip aF DEiDa DARE ca, nC INIIIIIIN�IINIIII0DIEMEIIIIII�llff °"'I"12m .,pn REAL FS'fATE DARE . TRANSFER TAX = COUNTY Excise Tax - $ APPROVED DARE COUNTY TAX COLLECTOR aa� NO. 211P'-'L(L 5 °1 N Y) NORTH CAROLINA SPECIAL THIS DEED made this HOME DEPOT U.S.A., INC., a KHN'C, LLC, a Georgia limited h 1800 Parkway Place, See. 70C� The designations //"�Grant& parties, their heirs, succe5sofs,^�n d feminine or neuter as reauiredd Vv Prepared L800 rd Kelm to: n Kt p I ity N u nal Title Park , Place, Suite 700 30067 DEED it, 2003, by and between Grantor, Pon, and Grantee, T W and W at o Fidelity National Title, 30067. as used herein shall include said include singular, plural, masculine, Wl'INESSETH, �Ui5b a� for a valuable consideration paid by the Grantee, the receipt of y acknowledged,has and by these presents does grant,bazgain, and nGrantee in fee simple, all that cetiain lot orparcel of land co wnd 2 of Shoreside Shopping Center situated in Kitty Hawk, Dar o ina, and more particularly described in Exhibit A attached o by 'a erenee made a part hereof (the 'Property'; provided, however oing t and conveyance is made subject to the restrictive covenan Property set forth in Exhibit C attached hereto and by this reference a art her as if fully set forth (the "Deed Restrictions'). I�IWIIIIII�I111111IIIVIE111l�H1111111111 Pp '13 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. THIS CONVEYANCE is made subject to the matters set forth in Exhibits B and C attached hereto and by this reference made a part hereof (the 'Permitted Exceptions" and "Deed Restrictions' respectively) to which, by acceptance of this Deed, Grantee for it and its successors and assigns, agrees to be bound and subject. AND the Grantor covenants with the Grantee, that except for the tted Exceptions, Grantor will warrant and defend the title against the lawful cl eiuo(all persons whomsoever claiming by, through or under Grantor but not othe 'se. [SIGNATURES COMMENCE ON FOLLO AGE] O 1 0.1P56Xq IMIIVIIIII®I�IWI�N�IIIWI1011II 6p 3'ea a:4ivn IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hand and seal the day and year first above written. HOME DEPOT U.S.A., INC., a Delaware comoration I�IIIIIIIIIIIIIAI��IN�IIIIOIIIIBill III P."1�3 MAIM ,4013 IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hand and seal the day and year first above written. STATE OF GEORGIA COBB COUNTY I, N A n certify that'M.mAs Georgia limited liability company, and that b limited liability company, the foregoing b MfYN6*04 and sealed with its Witness my. hand 2003. N My Commission T W and W at KHNC, LLC, a Georgia limited liability company [ ;;Sctal O Adul* Cottng4Statc, re me this day aud� d W at KHNC, LLC, a en and as the act of the ed in its name by its tWe dayof APIUC� ON FOLLOWING PAGE] I1�IUI MININaIIVIIIII�M IN � ; 5 or NO3a:,,oM [CONTINUED FROM PRECEDING PAGE] EJdyn Clkjjon an4 Nam Csraham 2 The foregoing Certificate(s) of Wotartes iC-is/am certified to he correct. This instrument and this certificate are duly registered ( e date and time and in the Book and Page shown on the first page hereof. \ BARBARA M. GRAY REGISTER OF DEEDS FOR DARE CO Bjodnin6 \ TM4 Deputy/Awiskmt Register of Deeds O EXHIBIT A LECAL DESCRIPTION FOR LOT 1, RECOMBINATION OF PORTIONS OF PREVIOUSLY PLATTED LOTS A PORTION OF KITTY HAWK WOODS, A NORTH CAROLINA GENERAL PARTNERSHIP - COMMERCIAL ATLANTIC TOWNSHIP, DARE COUNTY KITTY HAWK, NORTH CAROLMA BEGINNING at an existing rebar located in the southern i ht-of-ray Of U.S. 159, said rebar located N70-09-45E, 55.00 fe t from an existing Control Corner rebar having North Carol'n Grid Coordinates (NAD '27) of Y = 270,710.076 and X = 2, said Control Corner being further located 562-54-25 98 1 0 and from North Carolina Geodetic Survey monument "Cross Azimu 0 eet thence with the southern right -of -ray of U.SQ38,0-o9 E, 40.36 feet to an existing PK nail; thence leaving the right -of -ray of U.5. 138 and.lot line of Lots 1 and 2, Shoreside Center,interior calls: ��nine (9) 519-50-15E, 291.11 feet to an existin K nai 570-09-45W, 30.82 feet to anoisting ai , 519-30-13E, 75.00 feet to an P ai , 570-09-45W, 32.00 feet to an P nail, 519-30-15E, 599.66 feet to a N70-09-45E, 8.91 feet to a p 519-50-15E, 124.00 feet to ag r ar, 570-09-45W, 334.50 feet to aar, 519-53-22E, 497.70 feet to abar, a common corner with John T. Lancaster, Inc..M. Shaver,111, Inc.: turning, thence with th a of Lancaster and Shaver, the following three (3) calls: 561-20-16W, 52.92 feet n e is ing rebar, 561-20-16W, 17.83 fee n xi ing rebar, 560-56-27W, 192.17 fe t e 'sting rebar, a common corner with Lancaster and Sh er, th own of Kitty Hark, and Kitty Hark Estates; O thence with the line o i Estates the following three (3) calls: N19-53-22W, 84 9 fe to an existing rebar, N46-48-29W, 64 0 feet o an existing rebar, N19-07-5}S) 21 2 fe to an existing rebar in the southern right-o Y+ ro- 1 thence wit �F( so h right-of-way of U.S. 138, N70-09-45E, 81.38 fe to an istt rebar, being the northwest corner of Dare County A v ge Control Board; � IIIIIIIBIIII �IIIII�III�III1NII6gIIII �°,0t;;,,,pK 1AlIIIIIIIIIIIIIIII IIIIIIIIII III Vllull °¢a :!17.1 12:4vn thence turning and with the line of Dare County yygphol Qppllrage Control Board, S19-52-15E, 202.11 feet to an existing rei,ar, said rebar having North Carolina Crid Coordinates (NAD '27) of Y = 870,248.560 and X = 2,967,914.410; thence N70-09-45E, 250.05 feet to an existing 1" open pipe, a common corner with Eckard Land Holding, Inc., and Dare County Alcohol Beverage Control Board; thence N70-09-45E, 99.85 feet to an existing 1" open pip a common corner with William P. Davis and Eckard Land Holding, 1 c ; thence with the lines of Billy Roughton and Davi 0- 45E, 449.94 feet to an existing rebar; thence with the line of Roughton the following call N70-10-14E, 9.38 feet to an existing rebar with a curve to the left, having a radius o 4 00 f an arc length of 71.23 feet and a chord of N25-31-1 feet to an existing rebar, N19-50-15W, 157.11 feet to an existinZIn the point of BEGINNING, containing 18.25 nown as Lot 1 as shown on a plat by StroQ.a A., entitled "Recombination of Portions of Pre, A Portion of Kitty Hawk Woods, A North Cral Partnership - Commercial," dated September 8,d platrecorded in Plat Cabinet C, Slide166 A - C,ublic Registry. I�IIIppIIpII01��llpalll�llll�lll�I�II DAMM 012 4:41M LEGAL DESCRIPTION FOR LOT 2, RECOMBINATION OF PORTIONS OF PREVIOUSLYrI:m'TEO'L't1T3, A PORTION OF KITTY HAWK WOODS, A NORTH CAROLINA GENERAL PARTNERSHIP - COMMERCIAL ATLANTIC TOWNSHIP, DARE COUNTY, KITTY HAWK, NORTH CAROLINA BEGINNING at an existing rebar located in the southern right-of-way of U.S. 138, said rebar located N70-09-43E, 35.00 feet from an existing Control Corner rebar having North Carolina Grid Coordinates (MAD '27) of Y = 870,710.076 and X = 2,968,598.140 and said Control Corner being further loca a 562-54- 25W, 1,265.90 feet from North Carolina Geodetic Survey nument "Cross Azimuth;" thence with the southern right-of-way of U.S. 158, E, 40.36' to an existing PK nail, THE TRUE POINT OF NINC; thence continuing with the southern right-of-way f U. 58,- 09-45E, 40.18 feet to an existing rebar, a co corne ith Lot 2 and Lot 3, Shoreside Center; thence leaving the right-of-way of U.S. 15 , d it t line of Lot 3, the following three(3) calls: S19-50-15E, 189.94 feet to an existin ebar, S66-06-16E, 23.52 feet to an existing at, N70-09-45E, 229.00 feet to an e s ng a common corner with Kitty Hawk Woods, A Nort�lina oral Partnership property and Lot 2; thence with the line of Kitty Haw oods Part ership the following three (3) calls; S19-50-ISE, 340.16 feet to an a 'n ar, N70-09-45E, 15.00 feet to an exi 'n ar, S19-50-15E, 244.00 feet to an existing rebar, a common corner with John T. Lancaster, ln4`. nd Paul F.M. Shaver,111, Inc.; thence with the line of Lancas (14) calls: S70-09-45W, 246.73 fe S40-48-34W, 107.22 fe S19-50-15E, 400.00 f� S70-09-45W, 104FQ0 fe S19-50-ISE, 19 0 e disturbed, S70-09-45W, 100.0a N19-50-15W, 195 0 e S70-09-45W, 11 0 fey S19-53-22E, 20 25 fe, N70-06-3 19 fe, S19-53- 00. 0 S70-06 3 W 0 S19-53 , 2 ee, 561-j13- W, 74.2 f e with La c s roman Shavo. Shaver the following fourteen ; to e"ting concrete monument, Ma isting rebar, isting rebar, xisting concrete monument, x!sting concrete monument, 'So a point, o an existing concrete monument, an existing concrete monument, to an existing concrete monument, to an existing concrete monument, to an existing concrete monument, to an existing concrete monument, to an existing rebar, to an existing rebar, a common corner and Lot 1, Shoreside Center; INIIIIIIIIIIIIIIIIIIIn�IIRRIBII1IIII "f nl, "Alm thence with the interior lot line of Lots 1 andai.''the Col Towing nine (9) calls: N19-53-22W, 497.70 feet to an existing rebar, N70-09-45E, 334.50 feet to an existing rebar, N19-50-15W, 124.00 feet to a point, S70-09-45W, 8.81 feet to a point, N19-50-15W, 599.66 feet to an existing PK nail, N70-09-45E, 32.00 feet to an existing PK nail, N19-50-15W, 73.00 feet to an existing PK nail, N70-09-45E, 50.92 feet to an existing PK nail, N19-50-15W, 291.11 feet to an existing PK all in the o thern right-of-way of U.S. 158, being the TRUE POINT OF BEGINNING, containing 8.19 es an o n as Lot 2 as shown on a plat by Stroud Engineeri entit e 'Recombination of Portions of Previously Platted ts, rtio f Kitty Hawk Woods, A North Carolina Gene, Partn ship - Commercial,- dated September 8, 1992, and sai t r rded in Plat Cabinet C. Slide 166 A - C. Dare County Pub 'c stry. O 70 11 „Y� M WWII R M IR YI �IIE IY ICI 0'I @ .( 1341P11 Exhibit B Permitted Encumbrances L Taxes for the year 2003 and thereafter. 2. Building restriction lines, easements and any other facts as shown onNefrom recorded in Plat Cabinet C,_Sl_idesA62F.md-.162G and Plat Cabin a66A-C, Dare County Registry. 3. Restrictive covenants, conditions and easements (deleti restrictions indicating any preference, limitation or discrimi color, religion, sex, handicap, familial status or national o " ') recor 827„page_869; Book 974,;page-94; and Book�999;= e' 07, D e County °Registry (Lots 1 and 2).� - "-1. 4. Easement/Right of Way in favor of Virginia Electri owe pan orded in Book-17, page 255; Book 44, page 22; and Boo 96, page 1 ; Dare County Registry (Lot 1 only). 5. Easement/Right of Way in favor of V is Electti Power Company doing business in North Carolina as North Tina Power ed in Botik'862; Page 580; Dare County Registry (Lots 1 an 2 6. Rights of others in and to the non-exclusi si t easement for ingress and egress easement as set forth in Deed recur ook 662;.page .225 and as shown on Plat recorded in C ' et C;: Slides'116A-E, Due County Registry (Lot I only). 7. Deed of Easement/Right of W e n Kitty Hawk Building and Supply of North Carolina, Inc., reco -- k 8 page'895 and as shown on plat recorded in Cabinet C, Slid s 66 County Registry (Lot I only). S. Transmission Link ach e t e ent with Virginia Electric and Power Company in Book 828,' a 12, unty Registry (Lot 1 only). 9. Right of Way Agr a rec eam Book 763, page 350, Dare County Registry (Lot 1 only). 10. Deed ent a oreside Associates Limited Partnership and Billy G. R ton c ed r ok:974, page 99, Daze County Registry (Lot l only). 11. s in a the waters of any small pond, retaining pond or other t e 'c ins or traverses the land (Lots I and 2). II1IIIIIIIII0IA,IIAIf1IIW11111IIIIHI111I11I111P. U�fM13 AIM 12. Reciprocal Easement Agreement dated September 14, 2001, by and between Home Depot U.S.A., Inc., and Billy G. Rougbton and Mildred H. Roughton, recorded September 20, 2001, in Book.13921Page 80; Dare County Registry, re- recorded in Book,1402, Page 336, aforesaid records. 13. Memorandum of Lease by and between Sboreside Associates Limited Partnership, Nash -Finch Company and Seamark Enterprises, Inc., reorded in Book 911-, page.73,:Dare County Registry (Lot 2 only). 14. Right of Way Agreement from Home Depot U.S.A., Inc. in Electric and Power Company doing business in North Carc North Carolina Power, dated April 2, 2002, recorded. in. Boo; Dare County Registry. 15. Consent Agreement between McDonald's Corporation Inc., dated August 31, 2001, recorded in Book_1435, Registry. / Rights of tenants, as tenants only. Any and all matters created by, thm Grantee. All survey matters set forth on the AL Nancy Herman -Thompson, L-3165 of 1 Deed restrictions set forth in Exhibit C. omissions of N Land)T�e Survey prepared by dated p 119, 2003. IIIIIIIUIVII11111111Elul IUlllIll ulul1101 °"°p°1.fa3.,°a Exhibit C Deed Restrictions 1. Grantor, as lessee under that certain Lease by and between Billy G. Roughton and Mildred H. Roughton (the "Lease'), as evidenced by that certain Memorandum of Lease dated April 3, 2002, recorded on April 5, 2002 in Deed Book 1422, page 380, Register of Deeds, Daze County, North Carolina, hereby a rves for itself and its successors and assigns, the rights under the Reciprocal Access ent by and between Grantor and Billy G. Roughton and Mildred H. Roughton dated Sdptbcr 14, 2001, recorded September 20, 2001 in Deed Book 1392, Page 80, Dare County, North Carolina ("REA') for the benefit of the adjacent p r particularly described in the REA (the "Adjacent Parcel'' and G here wvenan that the casement areas, driveways, accessways and related rov on t e Property shall not be relocated without Grantor's prior written t. The regoing real covenant runs with the land, and the parties so intend the fore 1 o enant to run with the land. 2. Grantor may cause the relocation and ent a Wes roost, driveway on the Property providing access to No Croa 'ghwa S. Route 158) as generally shown on the Entrance RelocatioPdreali rep e & Associates, P.C. dated February 15, 2002 and last re .ch 27 and Grantee shall cooperate with Grantor in such relocatio n and in procuring any approvals therefore and shall execute such ion r ed to accomplish such relocation and realignment. 3. Grantor, as conveyor of the Properg�antec. as purchaser of the Property, hereby covenant and aer that no improvement erected or to be erected on the Property, nor any other portion of a petty, shall be used for a home: improvement center or for any business which sells, ' , leases, rents or distributes the following items or materials, singly or in any com ' : lumber, hardware, tools, plumbing supplies, pool.supphes, electrical u h par allpaper and other wallcoverings, window treatments, kitchen or ba o r components thereof (including tubs, sinks, faucets, mirrors, cabinets, s ow , v ' es, countertops and related hardware), windows, hard and soft ring o r ering, siding, coiling fans, gardening and garden nurserysupplies, c' an na plants, outdoor cooking equipment and accessories, patio frmitur an r cessories, Christmas trees, indoor and outdoor lighting systems and li es, a and unfinished and finished furniture, kitchen and household appiian s closet zmg systems, pictures or picture framing, interior design services or orb r roducts a orally sold in a retail home improvement center, except for th riy'd f items. An "incidental sale of such items" is one in which there o or er of (i) five percent (5%) of the total floor area of such busin ') uare feet of sales and/or display area, relating to such items I��I�IWCII�W�YI III WIUIIIII III�IQ�III� 05JNI 01�t":.I" The foregoing real covenant shall be enforceable by Grantor as the holder of a leasehold estate or other interest in the Adjacent Parcel, and shall run with the land and benefit such interest in the Adjacent Parcel and shall burden the Property. The parties so intend the foregoing real covenant to run with the land and the covenant touches and concerns both the dominant and servient estates. In addition, the foregoing restrictive covenant shall constitute an equitable servitude and shall be for the benefit of Grantor, its successors, affiliates, and assigns. Grantor may enforce the foregoing restrictive covenant as a real covenant or an equitable servitude against Grantee, its successors, tenants, o assigns. The duration of the real covenant created hereby shall be co -extensive with rm of the Lease, including any extensions and amendments thereto. The duration o the equitable servitude created hereby shall be the maximum allowed and o ltrla law but in no event shall the duration be shorter than the term of the Dine u y� extensions and amendments thereto. Grantor and Grantee acknowledge and agree that the restri nt& set fo in this Paragraph 3 shall not apply to a lease agreement executed prior to d (a "Pre - Existing Lease') to the extent that such Pre -Existing e i e ows such restricted use; provided that Grantee, its successors and as ' o e t nsent to any assignment, modification or amendment of an re -Exist g Lease, or any subletting, license or similar agreement under any Pre-Exi ti Lease t the extent that Grantee has a consent right to such matters) an matters) as ' t, modification, amendment, subletting, license or similar a t would a result in any use of such portion of the Property for any of the for ing restrict es. Any expansion of or modification to premises under a Pre-Existin a shall be b ect to the restrictions of this Paragraph 3, unless the expansion or mo ' tion is p t to a present right in a Pro -Existing Lease. 4. The foregoing restric ' e covenants and equitable servitude set forth in this Exhibit shall be binding upon ee, ' successors, and assigns as the Owners of the Property and shall remain in effect anrceable for the maximum period of time permitted by applicable law. To the tent-l"41GRrace, its successors, or assigns shall sell, lease, assign, transfer or oth s an ' terest in the Property or a portion of the Property, they shall impose n s r, tenant, or assign the foregoing restrictions set forth in this Exhi t did 16 oing restrictions shall be binding upon Grantee, its tenants, suce sirs n��0 Reviewer: CC' North Carolina Department of Environment and Natural Resources seoma. NC®EP1R Request for Express Permit Review Time: Confirm, FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (Pi file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828.296-4698;alison.davidson(a)ncdenr.gov • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(&,ncdenr.gov • Mooresville & Winston Salem Region - Patrick Grogan 704-235.2107 or patrick.arogan(7a ncdenr.aov • Washington Region -Lyn Hardison 252-948-3842 or Iyn.hardison(7g ncdenr.r1ov • Wilmington Region -Janet Russell 910-796.7307or janet.russell(dncdenr.gov • Wilmington Region -Cameron Weaver 910-796.7421 or cameron.weaveroncdenr.gov NOTE: Project application received after 12 noon will be stamped in the following work day. Permits of Request SW 7910903 SW _ SW_ SW _ SW Project Name: WALMART, KITTY HAWKM NC - STORE #2000-05 County: DARE Applicant: THOMAS W. WHEELER, JR - PRESIDENT Company: TW & W AT KHNC, LLC a.n R ES Address: 1960 SATELLITE BOULEVARD, SUITE 1300 City: DULUTH, State: GA Zip: 30097-_ JUL 19 2011 Phone: 770-476-4801, Fax: 770-495-1458, Email: twheeler@wheelerkolb.com Physical Localion:5400 NORTH CROATAN HIGHWAY, KITTY HAWK, NC NC DENR Project Drains into DOES NOT DRAIN TO KITTY HAWK B waters — Water classification HYDROGRAPHY. SC (for classification see- http://h2o.enr.state.nc.us/bims/reports/reportsWB.html) Project Located in PASQUOTAN River Basin. Is project draining to class ORW waters? NO, within Y2 mile and draining to class SA waters NO or within 1 mile and draining to class HQW waters? No Engineer/Consultant: MATT EDWARDS Company: KIMLEY-HORN & ASSOCIATES. INC. Address: 2000 SOUTH BOULEVARD SUITE 440 City: CHARLOTTE, State: NC Zip: 28203 Phone: 704-333-5131, Fax: 704-333-0845, Email: MATT.EDWARDS@KIMLEY-HORN.COM SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland ( linear ft o r acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)] ❑ High Density -Detention Pond _ # Treatment Systems ® High Density -Infiltration 1 #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems / ❑ MOD:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit#) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scooing and express meeting request) Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ❑ Yes ® No US ACOE Approval of Delineation completed: ❑ Yes ® No Received from US ACOE ❑ Yes ® No DI3NR use Fee Sol it for multiple Dermits: (Check # 9i o 8.2- 1 l Buffer Impacts: ® No ❑ YES: ac re(s) Isolated wetland on Property ❑ Yes'® No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit Total Firm Amnunl SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance ([IMal: ElMin) $ SW (❑ HD, ❑ LD, ❑ Gen) $ lE.�,E,h 407: $ LQS $ Stream Deter,_ $ NCDENR EXPRESS June 2011 STORMWATER SUBMITTAL REQUIREMENTS WET DETENTION POND I. Objective A. Collect all runoff from all BUA (proposed and/or existing and/or offsite) as the case may be, by any means including piping or swales, and direct it to the pond. B. Check the proposed pond design to make sure it meets or exceeds the minimum design criteria for surface area, volume and drawdown. IL What makes up a complete wet detention pond application package? A. Two sets of sealed, signed & dated layout & grading plans with appropriate details. (Additional sets of plans may be requested for projects in certain counties) B. Completed application with supplement(s), SWU-101, SW401-Wet Pond, and inspection and maintenance agreements. C. Deed restriction document, if applicable (for subdivisions & projects with out parcels) D. Sealed, signed & dated calculations. E. Estimated seasonal high water table elevation at all pond locations. F. Chlorides test results must be provided if the project is within '/z mile of SR waters (Phase II). (This is only required to test out of SR water treatment requirements) III. BIMS entry (for DWQ use only) Enter & track application acknowledged date, review date, add info requested/received dates, permit issue dates, and drainage area info. Best done after the add info letter is written and before sending permit up for signature. IV. Shell documents (for DWQ use only) Permit shells: s:\wqs\stormwater\shells\highcompond s:\wqs\stormwater\shelis\highsubpond s:\wqs\stormwater\shells\HDhybrid Spreadsheet: s:\wqs\stormwater\excel spreadsheets\pond VI. Review Procedure A. APPLICATION 1 Y An original signature is required. Photocopied signatures cannot be accepted. 2. A completed wet detention pond supplement and a signed, dated and notarized wet detention pond Inspection and Maintenance Agreement with an original signature. 3. The numbers on the supplement match up to the numbers used in the calculations and shown on the plan details. 4. Built -upon areas are reported in square feet in Section 111.6. 5. Receiving stream name and classification. This is important because in the non -Phase II counties, a wet pond cannot be used on a project that is within''/2 mile of and draining to SA waters. For Phase 11, a wet pond is allowed within '/z mile of SA waters. 6. Section 111.6 is filled in -cannot be left blank. One column must be filled in for each proposed wet pond. 7. If the applicant is a corporation, partnership or LLC, look it up on the Secretary of State Corporations Database. Make sure corporation is spelled correctly (capitalization and punctuation matter) and that the person signing the application is at least a vice- president in the corporation, a General Partner in the partnership, a member in a member -managed LLC, or the manager of a manager -managed LLC. Need documentation to support if the Articles of Incorporation do not list the members or managers of the LLC. If an agent signs, then a letter of authorization is needed from the president, vice president, general partner, member or manager. 8. For subdivided projects, a signed and notarized deed restriction statement must be provided. APP�i4�n Wet Detention Pond, cant. B. CALCULATIONS 1. The orifice is sized based on drawing down the calculated minimum volume in 2-5 days. The average head to use in the orifice equation is approximately one-third of the distance between the permanent pool elevation (PPE) and the elevation of the next available outlet above the permanent pool. The elevation of the next available outlet must be either the elevation where the minimum volume is provided, or it can be higher. The temporary pool elevation (TPE) to report on the supplement will be the elevation of the next available outlet above the PPE. The temporary pool volume (TPV) to report on the supplement is the volume between the specified PPE and the TPE. 2. For Phase II projects that are within'/ mile of and draining to SR waters, the difference in runoff from the predevelopment and post -development conditions for the 1 year 24 hour storm must be controlled and treated. 3. For Phase II projects, the discharge rate leaving the pond can be no more than the pre -development discharge rate for the 1 year 24 hour storm. 4. For Phase II projects draining to SA water, no discharge to surface waters may occur from wet ponds. The discharge leaving the orifice must be effectively infiltrated prior to reaching surface waters. 5. The average pond depth is the permanent pool volume divided by the permanent pool surface area. The result must be between 3 ft. and 7.5 ft. Parts of the pond can be deeper than 7.5 ft., but in no case can any part of the pond be less than 3 ft deep. 6. If the 85% TSS chart is used a 30' vegetated filter must be provided at the outlet of the pond. If the 90% TSS chart is used, no filter is required. 7. Use the correct SA/DA TSS chart from the BMP Manual noting that there are different charts for different areas of the State. 8. Required surface area at permanent pool. 9. Provided surface area at permanent pool (Based on pond dimensions) 10. Required volume calculation based on 1.5" storm for Phase II projects* and 1" storm for all others projects. *unless the project is Phase II and within '/2 mile of and draining to SR waters then the volume calculation must be based on difference between the pre and post development conditions for the 1-yr 24-hr storm. 11. Table of elevations, areas, incremental volumes and accumulated volumes for overall pond and for forebay, to verify volumes provided. 12. Forebay designed to hold 20% of the permanent pool volume. (Range of 18%-22% OK.) 13. Non -erosive flow for 10 yr. storm in the vegetated filter, if using 85% TSS. 14. The seasonal high water table must be at or below the proposed permanent pool elevation to assure that the necessary volume will be available above the permanent pool. 15. Rounding numbers off during the calculation process can result in deficiencies. Do not round the numbers until you get to the final result. 16. An additional one foot must be excavated below the bottom elevation of the pond. The 1 foot sediment accumulation depth is not included in the average depth calculation. Wet Detention Pond, cont. C. PLANS- Due to storage space constraints, plan sheets should be kept to a minimum. For small commercial single wet pond projects, the plan set could consist of only 2 or 3 sheets, layout, grading and details. For larger projects, show as much information as possible on as few sheets as possible, without cluttering them up. 1. Development/Project Name 2. Engineer name and firm. 3. Legend 4. North Arrow 5. Location Map with nearest intersection of two major roads shown. Major road is any 1, 2, or 3 digit NC, US or interstate highway. 6. Scale- standard engineering scale, no off-the-wall stuff. 7. Date B. Revision number and date, if applicable. 9. Original contours, proposed contours, spot elevations, finished floor elevations, pipe inverts, swale inverts, etc. 10. Existing drainage (piping, swales, ditches, ponds, etc.), including off -site. Include a map delineating the offsite drainage areas. 11. Property/Project boundary lines, bearing & distances. 12. Mean High Water Line or Normal High Water Line, if applicable. 13. The permanent pool elevation must be above the SHWT and above the lowest elevation of adjacent wetlands. Evaluate the need for a liner and/or berm/slurry wall to prevent dewatering the wetland. 14. Drainage easement widths, pipe sizes and swale inverts are provided. 15. Wetlands delineated, or a note on the plans that none exist. Get a copy of the wetlands delineation map signed by the Corps of Engineers, or have the applicant include a copy of the unsigned delineation map submitted to the Corps. Wet ponds may not be located in wetlands unless a permit to fill those wetlands has been obtained. 16. Details for the roads, parking, cul-de-sacs, including sidewalk width, radii, dimensions & slopes. 17. Apartment / Condo development- Provide a typical building footprint with dimensions and note all concrete and wood deck areas. 18. The drainage area for each wet pond is clearly delineated and numbered to match up to the calculations and supplement. Drainage area delineation is best done as a separate plan sheet. 19. A pond section detail to include the forebay, a 10 foot wide vegetated shelf, pertinent elevations for the bottom, permanent pool, temporary pool, and SHWT, 3:1 slopes above the permanent pool, and the weir elevation between the main pond and the forebay. 20. The 10 vegetated shelf extends 6" below and 6" above the permanent pool elevation. 21. An outlet structure detail showing a trash rack with <_6" square openings, the necessary orifice invert elevation (i.e., the permanent pool), orifice size and temporary pool elevation. 22. Dimensions for each line and arc formed by the permanent pool contour. 23, Where the 85% TSS chart was used, a 30 ft. vegetated filter strip is required to be shown on the plans & detailed (elevations, inverts, slopes, and flow spreader mechanism). Please note that the filter strip is not a ditch. 24. A forebay is provided for each inlet and located so as to prevent short-circuiting. 25. The pond must have a minimum 1.5:1 length to width ratio and a minimum 3:1 flow path length. Artificial "baffles" of timber, vinyl, or earth can be used to create a longer flow path. The top elevation of the baffle should be set at the temporary pool elevation or higher. 26. A Vegetation plan is specified for the pond, including slopes. Wetlands species are listed for planting on the 10:1 shelf. Weeping Love Grass is not suitable as a permanent vegetated cover for pond slopes. 27. All roof drainage must be directed to the pond. Show the roof drain collection lines on the plan. This is necessary for projects where the buildings back up the property lines where roof drainage may leave the site prior to going through the pond. W� fzo c�Pi i' DWQ USE ONLY Date Received I Fee Paid Permit Number 5 6WActL ID/S/oq State of North Carolina Department of Environment and Natural Resources Division of Water Quality SEP 2 9 2008 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This forni 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): 7w;5, Ca ,:�NWff. ,GC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 77!© xrld S bt% IfVF(bZ C r= y J/Z. 3. Mailing Address for person listed in item 2 above: City: / (�C (%I Ei State: 64 Zip: 50(5 9-5 Phone: Fax: i 7-7- O ) SC9/7 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): SW9Z76: CF.-Wi E /z SVZz -f XIA� r 7�Bl�D 5. Location of Project (street address): 55E8O tV, C-(?dk i A-W MX// C City: /lr i%y W4 Kra County: 7>A Z E 6. Directions to project (from nearest major intersection): 7. Latitude: 0 1" N Longitude: " W of project 8. Contact person who can answer questions about the project: Name: C/t Telephone Number: Email: QCtf e@et4ti-►eQyrMQ @ cf,Qv&✓.HN-6— II. PERMIT INFORMATION: 1. Specify whether project is (check one): ❑New 2 ewa] 2<odification Form SWU-101 Version 03.27.08 Page 1 of 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list th .existing permit number 5', &74 44� l Cf7E-P and its issue date (if known) // /Z �� / Lti /i. C C,c 3. Specify the type of project (check one): f=d h/Ct=- ❑Low Density ❑High Density Redevelop ❑General Permit ❑Universal SMP ❑Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erasion Control 7404/401 Permit ❑NPDES Stormwater III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. 1TeC1 (?Fh FZL6t'6T Exis7'/xrG' i�f�C-�dre7/r Sr F42G-S is C»✓y�'YEJ� -b exl�T/J�' -Vf� i �d7tl� rlrriT�F �`)r/s7''iXIS' D�SC,6���z6t' 2. Stormwater runoff from this pro�jec�dra�ins to the River basin. �UO_IAAf<_/ 3. Total Property Area: ZG acres 4. Total Wetlands Area: �� %� acres 5. 100' Wide Strip of Wetland Area: acres (not applicable if no wetlands exist on site) 6. Total Project Area*": = Z acres 7. Project Built Upon Area: 3 % 8. How many drainage areas does the project have? I 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. For high density projects, com lete the table with one drainage area for each engineered stormwater device. Basm Information (t. s" y �r Drainage µArea-1 „ a" Dramage Area 2," Receiving Stream Name h/0X/ y/EQZCS /f/� may. 7A Stream Class & Index No. SC Total Drainage Area (sf) 2 On -site Drainage Area (so N Off -site Drainage Area (sf) Q — pr/!GLlWf E , 1cE7t Existing Impervious Area (sf) '+ ,5 �j'G / 776 Proposed Impervious*Area (sf) 4 e (o. % Impervious* Area (total) Im` evrousSu ce Ar a On -site Buildings (so .krc�,: °Drama e Areavl 1` 3� g ° * t ?. On -site Streets (so On -site Parking (so ¢3:�Z713 On -site Sidewalks (sf) Other on -site (sf) Total (so: 96 ' Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. "Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. This is the area used to calculate percent project built upon area (BUA). Form SWU-101 Version 03.27.08 Page 2 of 4 10. How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Forms can be downloaded from http://h2o.enr.state.nc.us/su/bmp forms.htm - deed restrictions.. . . . Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Forms can be downloaded from http://h2o.enr.state.nc.us/sufbmp forms.htm. Form SW401-Low Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Form SW401-Permeable Pavement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Permeable Pavement Supplement Form SWU-101 Version 03.27.08 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). • A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at http:/ih2o.enr.state.nc.us/su/msi mans hum) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form =P_ _ • Original and one copy of the Deed Restrictions & Protective Covenants Form (if N/0 required as per Part IV above) • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP ;9%G • Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD) payable to NCDENR Z7jC • Calculations & detailed narrative description of stormwater treatment/management A11Q. • Copy of any applicable soils report Af/4 • Two copies of plans and specifications (sealed, signed & dated), including: �$2 - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. (ex. designing engineer or firm) Designated agent (individual or firm): E4 L?t 2 CA-C r E'�F- Mailing Address: .3046? M47Z% MS- /�'B!?r —r /7�1Z> City:_ 'c"77Y ke4 VclA::- State: %'GC Zip: Z� % ¢ /7 Phone: ( Z�$�, 1 Z e Z /� Fax: Email: CQ N /C nPuG r Q v-(_e e' Kp� VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) 7~4-C IX/'- 4rroeF G C? certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H 1000 / 9 Signature: a GC/ Date:F-Z _LT Form SWU-101 Version 03.27.08 Page 4 of 4 Permit (m be pmvid.d by DWO) Red triangles at the upper right hand corner indicate design comments Please complete the yellow shaded items. SEP 2 9 2008 STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This lone must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted elong with all of the required information. Contact person Ralph D. Calf", PE - -- Phone number (252) 2024025 Date September 23, 2008 Drainage area number 1 I11DESIGNIINF-ORMAT 10IN Site Characteristics Drainage area 661 ft2 15.25 Ad tributary area from original stormwater management plar Impervious area 597,861.00 ft2 15.25 Ad at 90% cover from original stonnwater mgt plan %impervious 90.00 % Design rainfall depth 1.00 in Storage Volume: Non-SRWatem Minimum volume required Volume provided Storage Volume: SR Waters 1-yr, 24-hr runoff depth Pre -development 1-yr, 24-m runoff Post -development l-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity: l-yr, 24-hr stomt Preulevelopment 1-yr, 24-hr peak flow Post -development l-yr, 24-hr peak flow PrelPost 1-yr, 24-hr peak flow control Basin Elevations Basin bottom elevation Sediment deanout elevation Bottom of shelf elevation Permanent pool elevation SHWT elevation Top of shelf elevation Temporary pool elevation 49,822.00 ft3 57,279.00 ft3 NIA in NIA ft3 WA 113 0.00 ft3 WA 113 NIA in NIA (unitless) NIA (drudges) WA Whir NIA ft3/sec NIA ft3/sec 0.00 031sec -0.50 ft 0.63 ft NIA it 4.00 ft 3.50 It NIA ft 5.50 it Assuming runoff coefficient 1.0 for all impervious surfaces [OR Farm SW401-Wel Detention Basin-Rei Pam I. 81t. Design Summary, Page 1 of 2 Permit No It. be pmvi0ed by Di Volume and Surface Area Calculations SAIDA ratio 0.053 (unitless) From DWC/WaRO, 85%TSS removal, 30'veg filter req'd, 10131I97 Surface area at the bottom of shelf WA R2 Volume at the bottom of shelf N/A Yt3 Permanent pool, surface area required 35,207.00 f12 Permanent pool, surface area provided 35,269.00 ft2 OK Permanent pool volume 87,511.00 ft3 Average depth for SAIDA tables 2.48 it Above cleanout elevation, min of 3 it not required October, 1991 Surface area at the top of shelf N/A ft2 Volume at the top of shelf N/A U Forebay volume NIA U. Forebay %of permanent pad volume 0.00 % Temporary pool, surface area provided 41,103.00 ft2 Drawdown Calculations Treatment volume drawdown time 4.50 days From orginal stormwater management plan, OK Treatment volume discharge rate 8.84 GPM Ms Average Pre -development 1-yr, 24-hrdischarge WA 113rs OK _ Post -development l-yr, 24-hr discharge NIA R31s OK Additional Information Diameter of onfce 3 @ 2' in Design TSS removal 85 % Basin side slopes VARIES :1 OK Vegetated shelf slope N/A :1 OK Vegetated shelf width WA it OK Length of ftowpath to width ratio WA :1 OK Length to width ratio N/A :1 OK Trash rack for overflow 8 orifice? N (Y or N) OK, Not required October, 1991 Freeboard provided 1.50 ft OK Vegetated filter provided? Y (Y or N) OK Recorded drainage easement provided? N/A (Y or N) OK, Not required October, 1991 Capures all runoff at ultimate build-0ut? N (Y or N) OK, Not required October, 1991 Drain mechanism for maintenance or emergencies N Farm SW401-Wet Detention Basin-Rev.4 Peru I. a It. Design Summary, Page 2 of 2 "if. be pmvided by DWO) Permit r' III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. Mg*�— ALTA Survey 1. Plans (1' - 50' or larger) of the entire site showing: Z)_ C-1 & C-2 2. Partial plan (1' = 30' or larger) and details for the wet detention basin showing: ,0,4@2 C-1 & C-2 3. Section view of the dry detention basin (1' = 20' or larger) showing: NIA 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is �Z 7_ C-1 & C-2 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for NIA 6. A construction sequence that shows how the wet detention basin will be protected from sediment _ X 7. The supporting calculations. X B. A copy of the signed and notarized operation and maintenance (0&M) agreement. NIA 9. A copy of the deed restrictions (if required). NIA 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. Form SW401-Wet Detention Basin-Rev.4 Parts I. & II. Design Summary, Page 1 of 1 W ATF9 WW Mr. Thomas W. Wheeler, Jr TW&W at KHNC, LLC PO Box 957209 Duluth, GA 30095 Dear Mr. Wheeler: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 11. Sullins, Director Division of Water Quality November 18, 2008 Subject: Stormwater Permit No. SW7910903 Modification Shoreside Center High Density Project Dare County , The Washington Regional Office received a complete Stormwater Management Permit Application for Shoreside Center on September 29, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7910903 Modification dated November 18, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until November 18, 2018, shall void Permit No. SW7910903 issued November 27, 1991, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Samir Dumpor, or me at (252) 946-6481. Sincerely, AL1-- U Al Hodge Regional Supervisor Surface Water Protection Section AH/sd: J:\WPDATA\WQS\ State SW-SD\Permits —Wet Pond\SW7910903 Mod cc: Ralph Calfee, PE, Calfee Engineering (3048 Martin's Point Rd., Kitty Hawk, NC 27949) Dare County Building Inspections shington Regional Office Central Files North Carolina Division of Water Quality Internet. www ncwatergualitv.ore 7�7One 1. 943 Washington Square Mall Phone (252) 946-6481 1 V orthCar011na Washington, NC 27889 Fax (252) 946-9215 Natl/r lly An Equal OpportunitylAffrmative Action Employer- 50%Recycled110% Post Consumer Paper !4 K !i �/ State Stormwater Management Systems Permit No. SW7910903 Mod 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 TW&W at KHNC, LLC Shoreside Center Dare 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 November 18, 2018, 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 on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 597,861 square feet of impervious area. This pond must be operated with a vegetated filter. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. 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. 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. SW7910903 Mod 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: b. Total Impervious Surfaces, ft2: C. Pond Depth, feet: d. TSS removal efficiency: e. Permanent Pool Elevation, FMSL: f. Required Permanent Pool Surface Area, ft2: g. Provided Permanent Pool Surface Area, ft2: h. Permanent Pool Volume, ft3: i. Temporary Storage Elevation, FMSL: j. Required Storage Volume, ft3: k. Provided Storage Volume, ft3: I. Controlling Orifice: M. Receiving Stream/River Basin: n. Stream Index Number: o. Classification of Water Body: 11. SCHEDULE OF COMPLIANCE 15.25 (664,290 s.f.) 597,861 4.50 85% 4.00 35,207 35,269 87,511 5.50 49,822 57,279 3@2"0 pipe Kitty Hawk Bay / Pasquotank 30-19 "SC" 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 shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 3 of 7 State Stormwater Management Systems Permit No. SW7910903 Mod 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. the facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. 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. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 7 State Stormwater Management Systems Permit No. SW7910903 Mod III. GENERAL CONDITIONS This permit is not transferable 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 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 does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 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 for 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 any name, ownership or mailing address changes within 30 days. 10. This permit shall be effective from the date of issuance until November 18, 2018. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 18th day of November, 2008. N RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 4 1w-e- for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Stormwater Permit No. SW7910903 Modification Page 5 of 7 State Stormwater Management Systems Permit No. SW7910903 Mod Shoreside Center Stormwater Permit No. SW7910903 Modification Dare County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No. SW7910903 Mod Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. .12. Required drawdown devices are correctly sized per the approved plans. .13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Dare County Building Inspections Page 7 of 7 North Carolina Secretary of State http: //ww w. secretary.state. nc. us/corporations/Corp. aspx?P itemld=5640036 CORPORATIONS North Carolina Elaine F. Marshall DEPARTMENT OF THE: Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 11/17/2008 Click here to: View Document Filings i Sign Up for E-Notifications i IPrint apre-populated Annual Report Form i Annual Report Count i File an Annual Report I Corporation Names Name Name Type NC T Wand W Legal at KHNC, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0672564 Current -Active 4/23/2003 Foreign GA Perpetual CT Corporation System 150 Fayetteville St., Box 1011 Raleigh NC 27101 150 Fayetteville St., Box 1011 Raleigh NC 27101 3525 Mall Blvd., Suite 5AA Duluth GA 30096 P O Box 957209 Duluth GA 30195 1 of 1 11 / 17/2008 4:10 PM �r�i .t, 1. �.'.� ,I �. tv✓ 4 t^ rrnn<sa. . .''.fl.�C'h1•. :74 �'.bta `UT),^.0.-1 I Af 11 i L':•' i i I- I .,, CALFEE ENGINEERING MECHANICAL • CIVIL • STRUCTURAL • CONSTRUCTION MANAGEMENT September 25, 2008 1"" h: C �"'', tc,. ,.r'm IaJ E SidY Mr. Scott Vinson, P.E. NC DENR / DWQ 943 Washington Square Mall Washington, NC 27889 T Dear Scott: SEP 2 9 2008 UINO-Ill�AR0 Shoreside Center, Kitty Hawk, Dare County, Stormwater Pond Under Letter of Determination of Compliance; Change of Ownership Application and Permit Application Attached please find a check payable to NCDENR in the amount of $505.00 and 3 sets of the following submittal documents: 1. Coastal Stormwater Permit Name/Ownership Change Form; executed, 2. Stormwater Management Permit Application Form and Agent Authorization, executed, 3. Coastal Stormwater Permit Renewal Application Form, executed 4. Wet Detention Basin Operation and Maintenance Agreement, executed and notarized, 5. Wet Detention Basin Supplement and Required Items Checklist, 6. Photocopy of Engineer's Certification of original construction within substantial compliance and intent of the approved plans and specifications, 7. Drawing C-1, Rev. 0, "As -built & Proposed Stormwater Pond Plan & Profile", Calfee Engineering, 9. Drawing C-2, Rev. 0, "As -built & Proposed Stormwater Pond Details", Calfee Engineering, 10. Drawing "ALTA/ACSM Land Title Survey, Lot 1 & 2, Shoreside Center", Sheet 1 of 2, Rev. 3-12-06, Nancy Herman -Thompson, and 11. Drawing "ALTA/ACSM Land Title Survey, Lot 1 & 2, Shoreside Center", Sheet 2 of 2, Rev. 3-12-06, Nancy Herman -Thompson. These documents are provided to you to support T W & W at KHNC, LLC's application to change the ownership of record of the Shoreside Center Stormwater Basin to T W & W at KHNC, LLC, and to regularize the permit status of the pond. The pond was originally approved under a Letter of Determination of Compliance issued November 27,.1991. 3048 MARTIN'S POINT RD., KITTY HAWK, NC 27949-3816 (252) 261-3025 VOICE, 261-4025 FAX calfeeengr@coastainet.com F9O61 � r O r SEP 2 9 2008 Michael F. Easle7, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Sc/&Tz�Sr Gtt/Z 1. Stormwater Management Permit Number: /2��Q/ 2. Permit Holder's name: C4PiirQ(- C&-v'rzE�- 1 c/i= LO?ME�vT� ZTD 3. Signing official's name: Title: (person legally responsible for permit) C7�' 4. Mailing address: �{O2© WC5R''AW& Ailp 480 City: -Pk L6;7rcbr State: fv ( ZipCode: Z4 6 0 Phone: FAX: (Area Code and Number) (Area Code and Number) II. NEW OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ea. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: TW-4V 9T 1-c�(%C { L G C 3. New owner's signing official's name and title: 77. 1p ,r 5- KK' Gf�ElE6CE�y �e _ Title) 4. New Mailing Address: TO �8,- %5 7-26 City: PC1(-V7'W State: ZipCode:.3604 5 Phone: ¢V6 - 4>°6/ FAX:( ) (Area Code and Number) (Area Cade and Number) 5. New Project Name to be placed on permit:-rl'&QZ5 6— 00V EZ ��n�w.�-rE-iZ ?oivr7 Page 1 of 2 North Carolina Division of Water Quality Internet: www.nc%vmcrnualirv.ore 943 Washington Square Mall Phone (252) 946-6481 Washington, NO 27889 Fax (252)946-9215 NorthiCarolina Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. CurrentPermittee's Certification: I attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if, all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: New Applicant's Certification: (Must be completed for all transfers of ownership) I, ? MdS tR' t�C/�Cl�x'G�� sfZ, attest that this application for an ownership change has been reviewe—d and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature:_Z;27 Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality, SWP 943 Washinton Square Mall Washington, NC 27889 Page 2 of 2 p ®eaua ®m Post Office Box 549 Phone (252) 261-3552 101 Veterans Memorial Drive C ee RULE]I ,6, Fax (252) 261-7900 Kitty Hawk, NC 27949 11.1www.townofkitUhawk.org apt LETTER OF APPROVAL WITH CONDITIONS June 17, 2008 TW & W at KHNC, LLC Post Office Box 957209 Duluth, GA 30195 RE: Project Name: Harris Teeter/Shoreside Center Submitted By: Eddie Valdivieso, Quible Engineering Date Received: 5.28.08 Plan Type: Sediment and Erosion Control, Commercial Permit Number: 5E-061708 To Whom It May Concern: This office has reviewed the subject erosion and sedimentation control plan for 5400 N. Croatan Highway, PIN # 986720809279. This office finds the plan to be acceptable and hereby issue this Letter of Approval with Conditions for land disturbing activities on the portion of land outlined on the plan. The conditions for approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129 of the North Carolina Administrative Code. Please be advised that Section 16-27 (b) of the Kitty Hawk Town Code requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance - oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local town or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a pre -construction conference. Your cooperation is appreciated. Sincerely, Joseph H. Heard, AICP Director of Planning & Inspections Enclosure: Conditions of Approval Certificate of Approval CONDITIONS OF APPROVAL RE: Project Name: Harris Teeter/Shoreside Center Submitted By: Eddie Valdivieso, Quible Engineering Date Received: 5.28.08 Plan Type: Sediment and Erosion Control, Commercial Permit Number: SE-061708 1. Within 30 working days of completion of any phase of grading, graded slopes and fill areas will be planted or otherwise provided with ground covers, devices, or structures sufficient to restrain erosion. 2. During the development of the site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of Chapter 16 of the Town of Kitty Hawk Town Code. 3. Approval is only for land disturbing activities for roads and utilities. 4. The applicant must complete a State Stormwater Change of Ownership form and a Redevelopment permit applied for and issued by the Division of Water Quality (DWQ) prior to a Certificate of Occupancy being issued. DWQ will require current information on the depths within the wet pond system to be included with the stormwater application package and notes on any plans to restore the design depths before, during, or after the redevelopment construction phase. S�910103 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permft Number: 2. Project Name: :5'1fyye9Ws ssa 3. Current Permit Holder's ComDanv Name/( 4. Signing Official's Name: ••• :. i?/:R1�19i'r�5lR-'1�i�4'�Tri�3�i'��' city: AA laf4 state: cg'A z. a, Ot Fax: 98 It II. PROPOSED PERMITTEE / OWNER / PROJECT I ADDRESS INFORMATION This request is for: (please check alf that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ dame change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1,.2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's tide: 4f"e- 4. Mailing Address:Qo "e.e140t. City: Z/"/ccfft State: —4;A-,_Zip:' ,30 O 9 A" Phone: (140) _ ` 6 —1FSe ( Fax: (4401 - - gait 5. New Project Name to.be placed on permit: Please check the appropriate box. The proposed permittee listed above is: HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA .in#1 above and provide name of HOA/POA's authorized representative in #2 above) vlThe property owner Lessee (Attach a copy of the lease, agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement Final approval of this transfer wig be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 111. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quadly (DWQ) unless all listed Neins�maly result DrocesItems siina ded elays or d included of hee ttrrsn�s[e Failure to provide the 2. Legal documentation of the property transfer to a new rf�� -' owne"�"' 3. A copy of any. recorded deed restnctions, covenants, or easements N required by the 4. The designer's certification (DWQ Engineer and Designer Certification Forms are.avaii able from each DWQ Regional office), N required by the permit and N not already submitted to DWQ.. 5. If the propos permtttee is a firm, partnership, association, Institution, corporation, limited Iiabidly company, w other cotporete errtlty provide documenation showing the authorNy of the nomad representative to acf on, behalf of the proposed permittee. S. The $40.00 processing fee. If this 16 an initial transfer from the original ppeerrtiNtee the proceaing fee is not required. Subsequent ownership transfers will require the $40.00 processing tee. IV. CURRENT PERMITTEE'S CERTIFICATION Please crack one of the following statements and rill out the cerNflcation below drat statement ❑ Check here if the current pemdtiee iss only changing hisiherAts name, the protect name, ormaf6gg address, but wi/I retain thepermft.1, the current permittee, hereby notify the DWQ thatI am c ng n my name a or am c gg ng m mallInp address and/or I am changing the name of the permitted project. I further attest that this applfNiion for a name/ownerehip Change is accurate and complete to the heat of my knowledge. I understand that N all required parts of this application are not completed or if all required supporting information and attachments listed above.are not Included, this application package will be returned as [$"Check here Ncurrent pefrnfttee Is transfeaft the property to a new ownerand wfil not retain ownersh of fhe permitt 1. nl gt .V-G ]VC. L LC' the current permittee, am subrri tftls application for a transT oofowners p for pe—rmTi#— 03 . I hereby nptfiy DWQ of the sale or other legal transfer of the stormwatersystam as at w this (rave pr �� the most recent permit, the designer's certi ication for each BMP, a recorded deed restrictions py of covenarita, or easements, the 1 approved plans and/or aooroved as built eleras. ttu; annrewrerl further attest that this app of my knowledge. I unden required supporting inforn package will be returned proposed perniittes name ownership cannot be appi permit _— Signature: ice rec m% and the most recent DWQ named in Sections II and V of ihts form. I change is accurate and complete to the best of this application are not completed or If ail above are not included. thlie ennllfu nn unless and until the faclRy is In U�. ��. a (Votary Public for the State of sa �_ County of C vJ4vcty M— do hereby certify that Tv'" personally appeared before me fide the _ day of !i1 .20 �15-- and acknowledge the due exec m of the forgoing Instrument. Witness my hand and official seal, (Notary Seal) SSW N/O Change Rev24SspM12 Page 2 of 4 V. PROPOSED PERMMME CERTIFICATION: (This section must he.complated by the Proposed Penri for all transfers of ownership) 1, pa"f ree 1-to- , hereby notify the DWQ that I have aoqulred through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, 9 applicable, constructing the permitted system, I acknowledge and attest that I have received a copy of: (check all that apply to this permit) 6most recent permit designer's certification for each SMP 0 ,�riv recorded deed restrictions, covenants, or easements 4,th' e_ DWQ approved plans and/or approved as -built plans 7 �e approved operation and maintenance agreement p'past maintenance reoords from the previous pennittee (where required) TDWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit,, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the penalt and in the operation and maintenance agreement I further, attest that this application for a namelowriership change is accurate and complete to the best of my knowledge. I understand that it all required parts of this appr'icallon are not completed or If all required supporting information and attachments listed above are not IncludId,this applicptionfi�kage 0 tp returned as incomplete. Signature: A w c ✓%n Data: ' 1, U. LA ✓ a Notary Pride for the State of County of. do hereby ceMy that _ personally appeared before me this the day of 204 and acknowledge the due axecuflon of the forgoing instrument. Witness m land and official seal, (Nff2ube, eoryU Countylon ii pY 9507, 4016 Additional ies, of the original pert and the appi operation and Ma/ntenance agreement can be obtained the appropriate Reggional Oflyce of the DMision of Water Quality. ted Including all ocessIng sent to t�@ag%p ateRegionalQshould be be ho North the alb su porting documents �ed map. t feeIV and Natural A@SOUroe3, Dl Please note that if the Proposers Permittee listed above is not the property owner, the properly owner must cwFMIe and sign page d of this document Both the lessee /developer and the property owner will appear on the pemdt as permlttees. SSW NIO Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections Il and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (ff different from street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property Identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWO Stormwater permit. As the property owner, It is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS)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 of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of . 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 (Notary Seal) Moore, Bill From: Ralph Calfee <calfeeengineering@charter.net> Sent: Thursday, July 16, 2015 9:15 AM To: Moore, Bill Cc: tomsipad410@gmail.com; 'Thomas W. Wheeler, Jr.'; 'Lois Mittiga'; 'Dj Adams' Subject: SW7910903 Shoreside Center Stormwater Permit Change of Ownership Request Attachments: 07004_15Shoreside5tormPermitModSW7910909,8-4-1l.pdf; 07004_ 16ShoresideStormPermitS W7910903 Desig nCert07-2012.pdf; PeachtreeShoresideStormPermitS W7910903OwnerTra nsferApp7-14-15.pdf; Peachtree5horesideDareCOParcelDescr7-9-15.pdf Bill, Attached please find PDF file format copies of documents supporting Stormwater Permit SW7910903 application for Change of Ownership of Shoreside Shopping Center, Kitty Hawk, NC 27949: 1. Copy of SW7910903 Permit Modification issued August 4, 2011. 2. Copy of SW7910903 Permit Designer's Certification issued by B. Mathew Cox, PE 031446, about July, 2012. Please note that there have been no subsequent changes or modifications of the system, and the system is fully functional and is operating normally. 3. State Stormwater Permit Name/Ownership Change Form completed by the Seller and the Buyer. Note that the Owner's representative for the Seller is Thomas W. Wheeler, Jr, Manager of TW&W at KHNC LLC, and the Buyer's representative is Thomas W. Wheeler, Jr, Executive Vice President of the General Partner which is the Manager of Peachtree Shoreside LLC. 4. Copy of Dare County website Parcel Descriptions for Peachtree Shoreside LLC Parcels #027566058 and #027566059, which together make up Shoreside Shopping Center. The Parcel Descriptions document the Shopping Center transfer 06/22/2015 from TW&W to Peachtree Shoreside LLC by Deed Book and Page 2028/0729 in the Dare County Registry of Deeds. No fee is attached because this is an initial transfer. A site visit has been requested and is pending. Thanks Ralph Search/View/Find - Inquiry by Parcel Number Results Page 1 of 1 Search by Parcel Number Results • PARCEL DA"I'A $HEhT • BUILDING PHOTOS • TAx. BiL • TAx CERTIFICA770N Parcel: 027566059 PIN: 986720900357 Location: 540o A-K N CROATAN HWY District: [o8] KITTY HAWK Subdiv: [K5oo] KITTY HAWK BEACH - COMMERCIAL Lot -Block -Sect: LOT: 2A BLK: SEC: Multiple Lots: - Living Units: o Plat -Cab -Slide: PL: H SL: 303 Status: ACTIVE Owner: PEACHTREE SHORESIDE LLC Owner: Address: 3425 DULUTH PARK LN DULUTH GA 3oo96 Ownership: PRIMARY - i00% Nature of Ownership: Deed Date: o6/22/2015 Bk/Pg:2028/0729 PUSE: [20oo] RETAIL Billing Values Next Year Values' Land: 1,350,800 Land: 1,350,800 Building: 3,46i,too Building: 3,461,ioo Misc: 8.s.400 Mise: 8.C;Aoo Total: 4,897,300 Total: 4,897,300 rrrrxrrrrr END OF RECORD rrrrrrrrrr (data file last updated on 6/26/2015) "Next year values on file as of 6/26/2015 Dare County Government 954 Marshall C Collins Dr PO Box l000 Manteo NC 27954 Phone: 252.475.5000 http://www.darenc.com/publicfraxingParceIRsits.asp?ParcelNumber-027566059 7/9/2015 Search/View/Find - Inquiry by Parcel Number Results Page 1 of 1 Search by Parcel Number Results • PARCEI. DATA SHF.FT • BUILDING PHaros • TAX BILL • TAX CERTIFICATION Parcel: 027566o58 PIN:9867208o6122 Location: 5400 M N CROATAN HWY District: [o8] KITTY HAWK Subdiv: [K5oo] KITTY HAWK BEACH - COMMERCIAL Lot -Block -Sect: LOT: 1A BLK: SEC: Multiple Lots: WALMART ETAL Living Units: o Plat -Cab -Slide: PL: H SL: 303 Status: ACTIVE Owner: PEACHTREE SHORESIDE LLC Owner: Address: 3425 DULUTH PARK LN DULUTH GA 30o96 Ownership: PRIMARY- t00% Nature of Ownership: Deed Date: o6/22/2015 Bk/Pg: 2028/0729 PUSE: [2000] RETAIL Billing Values Next Year Values* Land: 2,177,200 Land: 2,177,200 Building: 5,747,900 Building: 5,747,900 Misc: 2o6.400 Misc: 2o6.400 Total: 8,131,500 Total: 8,131,500 NMNMNN#NNN END OF RECORD #NN#NNNNNN (data file last updated on 6/26/2015) *Next year values on file as of 6/26/2015 Dare County Government 954 Marshall C Collins Dr PO Box l000 Manteo NC 27954 . Phone: 252.475.5000 http://www.darenc.com/public/TaxfngParceiRslts.asp?ParcelNwnber=027566059 7/9/2015 Mr. Scott Vinson, PE September 25, 2008 The property subsequently changed hands twice prior to coming into possession of the current owner. There is no evidence that the original owner or any owners prior to the current owner performed any maintenance on the system. No maintenance records have been found and none are anticipated to be found. The most recent prior owner, The Home Depot, is not anticipated to sign the Change of Ownership form. Copy of the March 3, 2008, Engineer's Certification of construction of the basin within substantial compliance and intent of the original approved plans and specifications is attached. A current field survey shows that the entire pond and overflow structure were constructed, after adjusting for a change in reference elevation to NAVD `88, at a higher elevation than shown on the drawings, but the pond configuration and the depths of the permanent and flood pools, and the overflow structure, are otherwise generally consistent with the original approved plans and specifications. Slight adjustment of the drawdown orifice elevations and the elevation of the crest of the overflow weir as shown proposed on Drawings C-1 and C-2 provides general consistency with the approved plans at an elevation approximately 1 foot higher than shown on the original plans (the elevation increase generally improves the quiescent condition of the permanent pool, and prevents the drawdown orifices from performing as a groundwater lowering system). The field survey data and reports from the field survey crew suggests that some sedimentation of the pond has occurred, but that the elevation of the pond bottom remains below the 25% sedimentation elevation limit. The discharge swale has become overgrown with natural maritime forest vegetation, and requires maintenance clearing. Please review and approve the application for Change of Ownership and issue a current permit at your earliest opportunity. Please call me at (252) 202-4025 if you have any questions or if you require additional information. Sincere r Ralph D. Calfee, P.E. cc: Mr. Thomas Wheeler, Jr. 2 F. Michael F. Easley, Governer William G. Ross, Jr., Secretary SEP 2 9 2008 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT RENEWAL APPLICATION FORM I. CURRENT PERMIT INFORMATION: �,E/d)rzG',S/�C GC'TrC'.� dr= !'7Er�1LatrtrdTRi�Y 1. Stormwater Management Permit Number: ®t-r ce rr�urnrcv ii/ice/Pi 2. Permit Holders name: 7W 7� I/V AT- cAr irC GG C 3. Signing official's name:77d6f4rh:z W(r<rrcEc��✓eTitle: P�F3 i7lT (person legally responsible for permit) 4. Mailing address: Po 28 9 City; �Uc yTiV State: _d ZipCode:3Do9S Phone:4K-48©/ FAX:(-I•4d) 1-?,7- 8S!/ (Area Code and Number) I (Area Code and Number) 5. Project Name:_ S',�lS�c-�7i'i✓ C`C�Vr�E� STo�T.rfryJer e e? �dt�d 6. Location of Project: (street address)_ S-gdo N C-d,d d ac/ h!WY Cry 7. Directions to Project (from nearest major intersection) U rwWro4R— (g IL PERMIT INFORMATION i . Specify the type of stormwater treatment (wet pond, infiftration, etc.): W& / 70^61! 2. List any Changes (from project that was originally approved, attach additional pages_ if needed) 7RA60<W(Zs, ecdez <:TcC-: r/A f <d-,A/ C��kliC, S Do you have a copy of the original Operation and Maintenance Agreement? Yes_ o_ Applicant's Certification: I, (print)^)r/(� Ix/ IfTl62-EGC--fZ J'/Z , certify that the information included on this permit renewal application, is to the best of my knowledge, correct and complete. Signature: Date: L�Z S- U Submit this completed form along with an application fee of �s48 and a copy of the designer's certification to the address listed below. North Carolina Division of water Quality, 943 Washington Square Mall Phone (2521 Q46-Wl Customer Service "77E23E748 Washington Regional Office Washington, NC Z7889 FAX (252)946.9215 Internet h2o.encstate.no.us One N�o�rthCarolina An Eaual O000rtunitylAffirraEve Acton Emptover - 50% Recrded110% Post Consumer P3oer .1 UR%1 /i0I h! u.: o t�rc �:7� 7©46286i5d CES SAL _NMEF - ... _... .. F�Gt 02/02 CEfiTIFICATIDN SEP 2 9 2008 I, J t (114, - E ' f 2n n -r 3 r , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodicall!ly weekly ull time) the construction of the project, 5htyre-g tde rp, 4. .r— (Project) 1 1 -1�(TT�'C�ato for the. no.0 TPc�dJ�oDM1tw�"� (Locatio ) I (Project Owner_) hereby state that, to the best of my abilities, due care and diligence was used ir. 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. Signature- tration No. r e- d.4 S9h, `��ttto Uolllalll Date O� O'S - Zod'�S ����� OAROIJ ,°04 ;� Q• �5310� '; 4 $G �a = CE �• ''%qM E. PE,��• QIUIble Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 May 13, 2008 Mr. Scott Vinson Surface Water Protection Section PO. Drawer B70 Kitty Hawk NC 27949 Phone'. 252-261-3300 I'm 252-261-1260 PRINCIPALS Sean C. Boyle. P.E. Joseph S, Lassite[ C.E.P. Ed.odo J. Voldlym, P.E. �tShJi�J!u ^ "Katherine C. Marchello. P.L.S. Division of Water Quality OGt9&WAR North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Re: Shoreside Center VIA FEDERAL EXPRESS 5400 N. Croatan Highway Kitty Hawk, Dare County, NC Dear Mr. Vinson: On January 8, 2008, in between "express" scoping meetings at your office for two other projects, you and I briefly discussed a proposed Harris Teeter food store being contemplated to replace an existing food store (SeaMark Foods) in the referenced Shoreside Center, Kitty Hawk, Dare County, NC. To the best of our knowledge, the shopping center was permitted sometime near the end of 1991 and constructed in 1992. The scope of the proposal, in general, was that the existing store and a couple of adjacent retail shops would be completely demolished and a new store with a larger footprint constructed thereon and immediate adjacent paved area. There would be no net increase in built upon area between the existing and proposed layout. In addition, there would be no new construction outside the current approved/existing built upon boundary. The purpose of my inquiry at that time was to seek your concurrence that since the proposal would be, in essence, in compliance with the active stormwater approval then no additional formal permitting action should be mandated. While reserving your final decision pursuant to our submission and your subsequent review of the proposed plan in comparison with the permitted plan, it was your opinion that a formal stormwater permitting regime should not be necessary. You graciously pulled the permit file for Shoreside Center and copied the compliance letter for me records. Scott Vinson May 13, 2008 Page 2 of Enclosed for your review and concurrence find: A copy of the original NC Division of Environmental Management "Determination of Compliance with Stormwater Regulations" letter dated 27 November 1991. 2. A copy of the original site plan and grading plan (sheets 1 & 2 of 5 respectfully) dated 09-16-91 with revisions thru 02-12-92 as prepared by Stroud Engineering, PA. Note that the building area in question has been highlighted for ease of understanding, 3. A copy an "Engineer's Certification", re -issued on 03-03-08, by the original design engineer of record, William E. Fenner, Jr. 4. A copy an as -built survey entitled "ALTA/ACSM Land Title Survey; Lot 1 & 2, Shoreside Center" dated 01-08-04 with revisions thru 03-11-08 as prepared by Nancy Herman -Thompson, PLS. 5. A copy of proposed civil/site development plans for the new Harris Teeter food store. Plans sheets included: Cl Overall Plan C2 Existing Site/Demolition Plan C3 Site Plan C4 Grading & Drainage Plan Again, it is our position that the proposed work scope is in full compliance with the current stormwater approval and no further action is required from NCDENR. Please consider and contact with any questions or comments. Otherwise, we respectfully request a written acknowledgment (letter or e-mail note) of no further action. Sincerely, Quible & Associates, PC Eduardo J. Valdivieso, PE Vice President cc: Bondurant Associates 03/07/2008 15:57 7046286164 CES SALES FENNER PAGE 02/02 CERTIFICATION E rQ�hv� er 3 r , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically weekly ull time) the construction of the project, V%* � 4 C�d�ofor the (n0k( '�t���JeS ritaxC (Locatio ) (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. SignatureA ):&tration No-y 1,449V!n. P`Qe�tauou�,rp��, Date o'!S - zooms -0 �SSIp t� r i4 $WA i�q gigs- 3 State of North Carolina Department of Environment, Health and Natural Resources Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor Lorraine G. Shinn William W. Cobey, Jr., Secretary Regional ;Manager DIVISION OF ENVIRONMENTAL MANAGEMENT November 27, 1991 Capital Centre Development, Ltd. 4020 Westchase Blvd., Suite 400 Raleigh, N.C. 27607 M� SUBJECT: Determination of Compliance with Stormwater Regulations Shoreside Center Dare County Dear Sir: The Washington Regional Office received your Sedimentation and Erosion Control Plan (or Stormwater Management Plan) submittal for the subject project on November 7, 1991. Based upon our review of the project, the document complies with the Stormwater Regulations set forth in Title 15 NCAC 2H .1000. In order to assure that the proposed stormwater control facilities are constructed properly, this Division will require an engineer's certification upon completion of the project. The attached certification should be submitted within 60 days after completion of the facilities. If you have any questions concerning this matter, please contact Bill Moore at (919) 946-6481. Sincerely, A, Roger K. sThorpe, P.E. Water Quality Regional Supervisor cc: Bill Mills Stroud Engineering P.O. lloa 1507, Washington, I brth Carolina 2713591507 Telephone 919-94Cr6481 F K 919-975-3716 \n Fnual Onnnrmniry Affinnarve Action F.mMover sty: 4._ Brief E+planationi NET DETENTION POND I. Yes No The design storage is for the runoff from all surfaces resulting from 1-inch of rainfall and is located ibr..e permanent pool. The permanent pool is designed for 35% TSS removal, The runoff completely draws down to the permanent pool in 2 to 5 days, The mean depth is ) 3 feet, The inlet structure is designed to minimise turbulence and short circuiting. All overflow and discharge flows through a vegetative filter at least 30 feet in length. A swale is used to provide even distribution of runoff over the length of the vegetative filter. The slope and width of the vegetative filter provides r.on-erosive flow for the 10-year 24-hr -tun with a I9-h intensity. The first 30 feet of the vegetative filter has a slope of 51 or less. The vegetative filter is natural, grassed or artificially planted wetland vegetation. Infiltration swales are used where practicable for pretreatment of runoff. An appropriate operation and maintenance plan has been provided for the system. THIS PROJECT MEETS THE STORMNATER CONTROL REAOIREMENTS OF IS NCAC 2H , Igl, li), .), M , and +!: 'For yes, ! through 12 must all be circled yes). Brief Explanation; See Narrative m ;Attach additional sheets if necessary,) DIVISION OF ENPIRONMENTAL MANAGEMENT SIGN -OFF Regional Office Datp indi,idual Evaluating Form f;Plans Gat ueoiorial Water Dual Supervisor ; i