HomeMy WebLinkAboutSW8980915_CURRENT PERMIT_20240126 STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 q'Ccql S
DOC TYPE CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE r,tC LOI Z
YYYYMMDD
ROYCOOPER y
Governor
ELIZABETH S..BISER • '*-a^"
Secretary
aM�
WILLIAM E.TOBY VINSON,JP, NORTH CAROLINA
Interimbirector EnvironrnentOr Quality
January 26`s, 2024
Z1 Commercial Properties, LLC
Attn: Jeffrey L. Zimmer,Manager
PO Box 2628
Wilmington,NC 28402
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No. SW8980915
CVS Pharmacy Shipyard Boulevard
New Hanover County
Dear Mr. Zimmer:
Effective August 1, 2013, the Post-Construction Stormwater Management Program has been transferred from the
Division of Water Quality("DWQ")to the Division of Energy, Mineral and Land Resources("DEMLR"). All
previous references to DWQ will remain in older permits issued prior to August 1, 2013, until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit.
On August 5,2009,the Governor signed Session Law 2009-406. This law impacted any development approval
issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which
was current and valid at any point between January 1,2008, and December 31, 2010. The law extended the
effective period of any permit that was set to expire during this time frame to three (3)years from its current
expiration date. On August 2, 2010,the Governor signed Session Law 2010-177, which granted an extra year for
a total of four(4)years extension.
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on January 22", 2024. The Division is hereby notifying you that permit SW8980915 has been
renewed, updated, and re-issued on January_26', 2024, as attached. As requested,a copy of the current operation
and maintenance agreement is also enclosed. Please be aware that the renewal and re-issuance of this stormwater
permit does not imply that the site is currently in compliance.
This permit shall be effectiveuntil March 5 ,2031, which includes all available extensions, and does not
supersede any other agency permit that may be required. The project shall be subject to the conditions and
limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it
clarifies the rules and requirements of this program to provide you with a better understanding of your obligations
under this permit. Failure to comply with these requirements will result in future compliance problems. Please
note that this permit is not transferable except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OA14 within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Logan Inman in the Wilmington Regional Office,
at(910) 796-7215 or logan.inman@deq.nc.gov.
Sincerely,
William E. Toby Vinson, Jr., PE,CPM, Interim Director
Division of Energy, Mineral and Land Resources
�1w North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
o®E Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
•�mo� / 910.796.7215
State Stormwater Permit No. SW8 980915
Page 2 of 2
Enclosures: Attachment C—Permitting History
copy of the Renewal Application Documents
DES/Iwi: \\\Stotmwater\Pennits&Projects\1 998\980915 HD\2024 01 permit 980915
cc: Engineering Department,City of Wilmington
Wilmington Regional Office Stormwater File
D�� North Carolina Departmfflent of Environmental Quality I Division of Energy.Mmeral and Land Resources
Wilmington Regional Oce 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
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uomrauwm�a+amr 910.796.7215
Post-Construction Stormwater Management
Permit No. SW8 980915
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION 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
Z-1 Commercial Properties, LLC
CVS Pharmacy, Shipyard Boulevard
2607 Carolina Beach Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of 2 underground infiltration trenches in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as
outlined in the application, approved stormwater management plans, supplement, calculations,
operation and maintenance agreement, recorded documents, specifications, and other supporting
data (the "approved plans and specifications") as attached and/or on file with and approved by
the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project
shall be constructed, operated, and maintained in accordance with these approved plans and
specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until March 5t", 2031, and shall be subject
to the following specified conditions and limitations. The permit issued shall continue in force and
effect until the permittee files a request with the Division for a permit modification, transfer,
renewal, or rescission; however, these actions do not stay any condition. The issuance of this
permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and
regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
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 2 of this permit. The stormwater control has been designed to handle
the runoff from 54,960 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
Page 1 of 5
Post-Construction Stormwater Management
Permit No. SW8 980915
4. The tract will be limited to the amount of built-upon area indicated on page 2 of this permit,
and per approved plans.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Project Name: CVS Pharmacy, Shipyard Boulevard
Permit Number: SW8 980915
Location: New Hanover County
Applicant: Mr. Jeffrey Zimmer, Manager/Member
Mailing Address: Z-1 Properties, LLC
PO Box 2628
Wilmington, NC 28401
Application Date: January 22n1, 2024
Water Body Receiving Stormwater Runoff: Cape Fear River (CFR 18-71)
Classification of Water Body: "SC"
If Class SA, chloride sampling results: n/a
TRENCHI TRENCH
Trench Dimensions, LxWxH, feet: 152.5' x 24' x 3.5' 165' x 26' x 3.5'
Bottom Elevation, FMSL: 43 43
Total Impervious Surfaces, ft2: 27,480 27,480
Offsite Area entering Pond, ft2: None, per Engineer
Required Storage Volume, ft3: 2,357 2,357
Provided Storage Volume, ft': 5,551 5,544
Temporary Storage Elevation, FMSL: 46.5 46.5
Type of Soil: Sand
Expected Infiltration Rate: 18.4 inches per hour
Seasonal High Water Table Elevation: 41 FMSL
Time to Drawdown, hours: 2.3 2.3
ll. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built-upon surface except
roads. '
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 the design condition. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal in the trench, catch basins, and piping.
C. Mowing and revegetation of grassed areas on the site.
d. Immediate repair of eroded areas around the site.
e. Maintenance of trench integrity in accordance with approved plans and
specifications. Asphalt removal will be required to correct any drawdown or
clogging problems.
f. Debris removal and unclogging of trench, bypass structures, catch basins and
piping.
g. Access to the bypass structures must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
Page 2 of 5
Post-Construction Slormwater Management
Permit No. SW8 980915
5. The facilities shall be constructed, operated, and maintained in accordance with the
provisions of this permit, the approved plans and specifications, and the supporting
documents attached to this permit and on file with the Division.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior
to operation of this permitted facility, the permittee shall cause a certification from an
appropriate designer for the system installed to be submitted, 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. Prior to the sale of any portion of the property, an access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the stormwater
facilities will be restricted by the sale of any portion of the property.
8. The permittee is responsible for verifying that the proposed built-upon area does not
exceed the allowable built-upon area.
9. The runoff from all built-upon area on the project must be directed into the permitted
stormwater control system.
10. 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.
11. No person or entity, including the permittee, shall alter any component shown in the
approved plans and specifications. Prior to the construction of any modification to the
approved plans, the permittee shall submit to the Director, and shall have received
approval for modified plans, specifications, and calculations including, but not limited to,
those listed below. For changes to the project or SCM that impact the certifications, a
new or updated certification(s), as applicable, will be required and a copy must be
submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size
including the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
g. Other modifications as determined by the Director.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement
on-site stormwater systems. These additional or replacement measures shall receive a
permit from the Division prior to construction.
Page 3 of 5
Post-Construction Stormwater Management
Permit No. SW8 980915
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days
prior to the expiration date of this permit. The renewal request must include the
appropriate application, documentation and the processing fee as outlined in Title 15A
NCAC 02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT
INFORMATION. The permittee shall submit a completed Permit Information Update
Application Form to the Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to
and approval by the Director. Neither the sale of the project and/or property, in whole or
in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate
application, documentation and the processing fee as outlined in 15A NCAC
02H.1045(2). This request must be submitted within 90 days of the permit holder
meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur.
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on-site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and
conditions of this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved
plans, application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee
at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143
Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division
an annual certification completed by either the permittee or their designee confirming
the project's conformance with permit conditions.
Page 4 of 5
Post-Construction Stormwater Management
Permit No. SW8 980915
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the
permitted site does not meet one or more of the minimum requirements of the permit.
Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The
permittee shall provide copies of modified plans and certification in writing to the
Director that the changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals
to do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated, and reissued this the 26th day of January 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
���
William E. Toby , Jr.,
�, E, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 980915
Page 5 of 5
Attachment C-Permitting History
CVS Pharmacy Shipyard Boulevard
Permit No.SW8 980915
Approval 131MS
Date Permit Action Version Description of the Changes
Original construction, operation and maintenance of 2 underground infiltration trenches in
3/5/1999 Approval 10 compliance with the provisions of 15A NCAC 2H .1000.The stormwater control
has been designed to handle the runoff from 54,960 square feet of impervious area.
12/8/2009 Renewal 2.0 Expired 3/5/2023
1/26/2024 Renewal 3.0 Expires 3/5/2031
Page 1 of 1
DEMLR USE ONLY
Date Receiv ep Fee Paid Permit Number
��a I5L,2 D � 8691
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: S'W 89 900115
2. Projectname: INS Pharmagj Shipyard Zqulevao-ol
3. Project 1street address: _J(P07
CQro�lha � eQc� 1Zoad
City: W f IIMIyi JIUI, County: verzIP : <9.9q/a'
4. What, if any, changes have been made to the project as permitted? "ON>`
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at:https:Hdeg.nc.gov/about/divisions/enerqv-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at:https:Hdeg.nc.gov/about/divisions/enerqv-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Z-� Cornmercta/ l�'roper-Prop
2. Signing Official's Name: Se-(r-ret4 L• Zi mmcr
3. Signing Official's Title: QhG1QP.r
4. Mailin Address: r•O. 30X a$
City: � rle,J11MiMC, n State: AJC zip : a840a
5. Street Address: 7a-5 0/)U/neh'1 Jrtve
City: Iern/n ll State: 4Je. zip : 1;?00'1_A0$_
6. Phone: ( /0 ) a' -](p3gEmail: OrOper4UM el Q M C C4)"
ECEIVE
JAN 2 2 2024
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
X of
1. A permit application processing fee of$595-696.88
99 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) —a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
NI� 3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
Oh V1 4. O&M Agreements, Please select one:
5Q I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
r� t requesting a copy be sent to me. I agree to keep this on file with the permit.h T!`C 5. Designer Certifications, Please select one:
® A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
ECEIVE
JAN 2 2 2024
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PERMITTEE'S CERTIFICATION
3-ef6-e_4 L. 2i'mmer , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMUR of any problems with the SCMs
or built-upon area and to.§mpmit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or owh' II information provided on this permit renewal application is, to the best of my
knowledge, correct arc
I e.
Signature: _ Date:
NOTARIZATION:
I, &aOrL+ flr� ��y a Notary Public for the State of
Nor-f-it County of /Vr"V do hereby certify
that 3=aC�zy L^ "r' * personally appeared before me
this the tYt day of �Gk�`r`y , 20 z�L, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
�� otil F+l����i
(Notary Seal) H
�� F 900
VC
Notary Signature: \� �%7 / U�Gi �wY' = CQ7 `b _
My commission expires 31 1 ZOZ6 spy -Z
,1.��a�,y'ND/
EGEIV =
JAN 2 2 2024
BY:
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
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TE 98066
State Stormwater Management Systems
Permit No. SW8 980915
CVS Pharmacy, Shipyard Boulevard
Stormwater Project No. SW8 980915
New Hanover County
Engineer's Certification
I,_Phillip G, Tripp , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodical ly/^ ee '� ) the construction of the project,
CVS Pharmacy. Shipyard Boulevard (Project)
for Z-I Properties. LLC (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.
Noted deviations from approved plans and specifications:
SEAL
Signature ��O�S Rod
Registration Number 17374 9:9
_ SEAL }
• d�s 17374 i
Date
�i�l/•p�INEEE:•'.�����
GR t GOR,
VIE)
DEC 0 4 2009
BY:-