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HomeMy WebLinkAboutSW8990929_HISTORICAL FILE_20100406 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. S W 8 Q'10 � DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ot0 0q o(o YYYYMMDD AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 6, 2010 Donnie H. Jones, Partner Jones Brothers Partnership, LLP 501 Banks Lane Newport, NC 28570 Subject: State Stormwater Management Permit No. SW8 990929 MOD Jones Brothers industrial Park High Density Commercial Subdivision Wet Pond Project Carteret County Dear Mr. Jones: The Wilmington Regional Office received a complete State Stormwater Management Permit Application for Jones Brothers Industrial Park on November 26, 2008 and issued a permit on December 8, 2008. The lot numbering shown on the approved plan differed from what was recorded in the deed restrictions so a plan revision was submitted on March 1, 2010, to clear up the discrepancy. Additionally, the following clarifications were made: 1) the identification of which lot drains to which pond; 2) the BUA total for Pond 2 was adjusted to account for an addition error; and 3) noted that Lot 1 has 121,397 square feet of existing BUA which leaves 283,603 square feet for future development on Lot 1. 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. SW8 990929 MOD, modified April 6, 2010, for the construction of the project, Jones Brothers Industrial Park. This permit shall be effective from the date of issuance until December 4, 2018, 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, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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 Linda Lewis or me at (910) 796-7215. Sin Georgette D. Scott Stormwater Supervisor Division of Water Quality GDS/arl: S:\WQS\STORMWATER\PERMIT\990929mod.apr10 cc: Ronald D. Cullipher, P.E. Stroud Engineering - Morehead City Town of Morehead City Building Inspections Wilmington Regional Office Stormwater File DWQ Central Files Wilmington Regional Office - 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 North CarO11IIa Internet:v .mvaterquality.org Naturally atus ally An Equal Opportunity l Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 990929 MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Donnie H. Jones & Jones Brothers Partnership, LLP Jones Brothers Industrial Park 101 Bateau Blvd., Morehead City, Carteret County FOR THE construction, operation and maintenance of two (2) wet detention ponds in compliance with the provisions of Title 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 December 4, 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 in Section 1.6 of this permit. The subdivision is permitted for 9 lots, each limited to a maximum amount of built-upon area as indicated in Section 11.14 (f) of this permit. 3. The runoff from all built-upon area within the permitted drainage areas of this project must be directed into the appropriate permitted stormwater control system. 4. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 5. The built-upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 2 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 6. The following design elements have been permitted for the wet detention pond stormwater facilities, and must be provided in each system at all times. Pond 1 Pond 2 a. Drainage Area, acres: 12.91 11.40 Onsite, ft2: 562,213 496,731 Offsite, ft2: 0 0 b. Total Impervious Surfaces, ft2: 505,992 446,793 Lot 1: 0360,000 0 Lot 2: 145,992 0 Lot 3: 0 74,470 Lot 4: 0 23,600 Lot 5: 0 67,946 Lot 6: 0 112,395 Lot 7: 0 60,470 Lot 8: 0 53,440 Lot 9: 0 54,472 Offsite: 0 0 c. Average Pond Design Depth, feet: 5.0 5.0 d. TSS removal efficiency: 90% 90% e. Design Storm, inches: 1.0 1.0 f. Permanent Pool Elevation, FMSL: 10.0 10.0 g. Permitted Surface Area @PP ft2: 39,118 39,118 h. Permitted Storage Volume, ft�: 40,441 35,883 i. Temporary Pool Elevation, FMSL: 10.93 10.83 j. Predevelopment 1 year 24 hour: NA N/A k. Post development 1 year 24 hour: NA N/A I. Controlling Orifice: YO pipe YO pipe m. Permanent Pool Volume, ft3: 206,807 206,807 n. Forebay Volume, ft3: 40,235 40,235 o. Maximum Fountain Horsepower: 3/4 3/4 OOf the 360,000 square feet of BUA proposed for Lot 1, 121,397 square feet is currently existing, leaving 238,603 square feet available for future development in the "developable area"of Lot 1. 7. The Receiving Stream and River Basin for both Pond 1 and Pond 2 is the Newport River in the White Oak River Basin. The Stream Index Number is 21-(1) and it is classified "SC". It. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not relieve the permittee or the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 6. 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 the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, 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. 7. The permittee shall submit for approval, final site layout and grading plans for the future development areas of Lot 1, as shown on the approved plans, prior to construction. 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 re-vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 11. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 12. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 13. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 14. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 990929 MOD, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot, in square feet, is listed below: Lot# Max. BUA Lot# Max. BUA Lot# Max. BUA 1 360,000 4 23,600 7 60,470 2 145,992 5 67,946 8 53,440 3 74,470 6 112,395 9 54,472 This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built-upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. j. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. 15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 16. 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. 17. 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. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. , 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in both Pond 1 and Pond 2 is 3/4 HP. 20. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that desire to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS - 1. This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form to the Division of Water Quality, accompanied by the supporting documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Neither the sale of the project in whole or in part nor the conveyance of common area to a third party shall be considered an approved permit transfer. 3. 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. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 4. 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. 5. 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. 6. 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. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. 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 as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit modified and reissued this the 6th day of April, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen . Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990929 MOD Page 7 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD Master Permit No. SW8 990929 Lot#from Drains to Allocated Proposed Master Pond# Offsite Permit No. Date Issued Offsite Project Name BUA BUA Permit 1 1 0360,000 2 1 SW8 090624 11/19/2009 Lot 2 Jones Brothers 145,992 145,992 Business Park 3 2 74,470 4 2 23,600 5 2 67,946 6 2 112,395 7 2 60,470 8 2 53,440 9 2 54,472 ONote that Lot 1 already has 121,397 sf of existing BUA, leaving 283,603 square feet available for future development. Page 8 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD Jones Brothers Industrial Park Page 1 of 2 Stormwater Permit No. SW8 990929 MOD Carteret Countv Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Page 9 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Carteret County Building Inspections Page 10 of 10 STROUD ENGINEERING, P.A. -OF TRANSMITTAL Hest= Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 = \. DATE ` / /O JOB NO. ATTENTION /(25j2�)247/�-7�479 Zc i" TO h-�N� r�-V ,�- -J�, w �i' RE: 7" EXt- -LgV 0 5� 1(9 i WE ARE SENDING YOU •Ell Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints \l YG Plans ❑ Samples ❑ Specifications Kl Copy of letter ❑ Change order ❑ COPIES • DESCRIPTION 2 2-76-1a Re�..F2zf_ !I-/4,1s l Z-ZG la F14-) Re-,;r letter RE R 0 12010 THESE ARE TRANSMITTED as checked below: , Jl, For approval ❑ Approved as submitted ❑ Resubmit copies for'approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO ,Ja,, 1 SIGNED: a-I'`� v _ ( "�� If enclosures are not as noted, kindly notify us at once. Dt^,S 0 AAM t YC'' --`Si . k Ata\ STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY.24 MOREHEAD CITY,NORTH CAROLINA 28557 (252)247-7479 February 26`h, 2010 gECEIVED MAR 01 2010 Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 Re: Jones Brothers Business Park. SW8-990929, Plan Revision Dear Linda We have enclosed 2 copies of the revised Jones Brothers Business Park stormwater plan set. Due to errors when subdividing the lots we have renumbered them as shown. Lots 3 and 4 have become lots 8 and 9. The impervious allotment associated with each lot has not been physically relocated. The total impervious allotted in the permit has remained the same, and the total amount of BUA draining to each of the two stormwater retention ponds has also not changed. If you have any questions please do not hesitate to contact me at Stroud Engineering, PA Sincerely, David Gambardella 107 COMMERCE ST HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY.24 GREENVILLE,NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 Lewis,Linda From: Lewis,Linda Sent: Tuesday, February 23, 2010 3:35 PM To: 'Dave Gambardella' Cc: Scott, Georgette Subject: RE: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 Dave: Comparing what we permitted for the Jones Brothers Business Park to what got recorded, the total of the BUA numbers is the same, but the actual BUA allocated to specific lots is not the same. This is a cause of concern for the adequacy of the pond design since 2 of the lots have increased BUA and will cause mass confusion when offsite lot owners submit to the Division for their permits Permit Recorded Loll 360000 360000 Lot 2 145992 145992 Lot 53440 74470 Lot 54472 23600 Lot 5 67946 67946 Lot 6 112395 112395 Lot 7 60470 60470 Lot 23600 53440 Lot 74470 54472 Please have the applicant either request a permit modification to address the potential increase in BUA to one pond or the other, depending on which drainage area that Lots 3 and 8 belong to. The other option is to record an amendment to the deed restrictions to follow what the permit allocated. Please get this addressed as soon as possible as I believe we have an offsite application either coming in soon or already in house for review. Thanks, Linda Please note my new email address is Linda.Lewis@ncdenr.aov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dave Gambardella [mailto:dgambardella@stroudengineer.com] Sent: Tuesday, February 23, 2010 2:55 PM To: Lewis,Linda Cc: 'Edith Mason'; 'Ronald Cullipher' Subject: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 Hi Linda, 1 The deed restrictions were recorded 9/30/09 and are attached.There should also be a copy in Patrick Joyce's Lot 2 SW Permit I think. Thanks Dave Gambardella Stroud Engineering PA 151A Hwy 24 Morehead City NC 28557 (252)247-7479 (252)247-4098 fax (252)725-4769 cell dgambardellaCa?stroudengineer.com From: Edith Mason [mailto:edith@masonattorneys.com] Sent: Tuesday, February 23, 2010 2:36 PM To: ron cullipher Cc: dgambardella@stroudengineer.com Subject: Fw: 20100223130618644.pdf ????????????????????????????? Please let me know what's going on with this. -----Original Message ----- From: Kym Morton To: edith(d.masonattorneys.com Sent: Tuesday, February 23, 2010 1:36 PM Subject: 20100223130618644.pdf Ms Edith I am sending this attachment for Pat Joyce.. Thank you Kym Morton Joyce & Associates Construction kym@ ioyceandassoc.com 252-223-3171 252-223-3455 (Fox) 2 State Stormwater Management Systems Permit No. SW8 990929 MOD 14. The permittee shall submit to the Division of Water Quality an annual summary U report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. {\ 15. This permit shall become void unless the facilities are constructed in accordance (� with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 990929 MOD, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot in square feet is listed in the Deed Restriction document attached, and as shown below: Lot# Allowable Built-upon Area (square feet) 1 360,000 2 145,992 3 53,440 r14470 4 54,472 2-3(000 5 67,946 6 112,395 7 60,470 8 23,600 53 O 9 74,470 544?Z T = 9527?5 This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on-the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built-upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 990929 MOD 7. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Pond 1 Pond 2 a. Drainage Area, acres: 12.91 11.40 Onsite, ft2: 562,213 496,731 Offsite, ft2: 0 0 b. Total Impervious Surfaces, ft2: 505 992 447,063 Cy12 Lot BUA, ft2: P46250 4UZS0 v Roads/Parking, ft2: 2 38459.5 Sidewalks, ft2: 41U + 9 E)4q —� Other Onsite, ft2: 84,595 47,063 + � Offsite, ft2: 0 0 87U$ ayNe� c. Average Pond Design Depth, feet: 5.29 C2'- d. TSS removal efficiency: 90% 4'- 1 1h �` e. Design Storm: 1.0" Q523�5 f. Permanent Pool Elevation, FMSL: 10 q`10 39,118 h. Permitted Storage V. Permitted Surface olume,u e, W:ft2. 43,632 at temp. pool c!` i. Storage Elevation, FMSL: 11 qs 2 $ j. Predevelopment 1 year 24 hour: NA (2 �- k. Post development 1 year 24 hour: NA S ?j -tit I. Controlling Orifice: YO pipe S� m. Permanent Pool Volume, ft3: 206,807 '�r"f n. Forebay Volume, ft3: 40,235 k S o. Maximum Fountain Horsepower: 3/4 p. Receiving Stream / River Basin: Beech Swamp Marsh Canal / Newport River /White Oak River Basin q. Stream Index Number: 21-(1) r. Classification of Water Body: "SC" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 3 of 10 f Dave Gambardella From: Lewis,Linda [linda.lewis@ncdenr.gov] Sent: Tuesday, February 23, 2010 4:64 PM To: Dave Gambardella Subject: RE: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 Yes, a plan revision is the way to go to show a renumbering of the lots. Please get that in as soon as possible so we can permit any lots that come in. Linda Please note my new email address is Linda.Lewis@ncdenr.gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dave Gambardella [mailto:dgambardella@stroudengineer.com] Sent: Tuesday, February 23, 2010 4:43 PM To: Lewis,Linda Cc: 'Ronald Cullipher' Subject: RE: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 Linda, Checking back through our files it looks like what happened was that when the lots were subdivided they were numbered in the wrong order on the legal descriptions. In order to remedy this we had to change the BUA allotments on the deed restrictions so the correct BUA was put on the correct lot. Attached are both the permitted plan, and a .pdf of what was recorded. Basically lots 3 and 4 became lots 8 and 9.The BUA assigned to each pond has not changed though. How should we handle this. Would it be a plan revision?Contact me if you have any questions. Thanks Dave Gambardella Stroud Engineering PA 151A Hwy 24 Morehead City NC 28557 (252) 247-7479 (252)247-4098 fox (252)725-4769 cell t dgambordello(a)stroudenaineer.com From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Tuesday, February 23, 2010 3:35 PM To: Dave Gambardella Cc: Scott, Georgette Subject: RE: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 Dave: Comparing what we permitted for the Jones Brothers Business Park to what got recorded, the total of the BUA numbers is the same, but the actual BUA allocated to specific lots is not the same. This is a cause of concern for the adequacy of the pond design since 2 of the lots have increased BUA and will cause mass confusion when offsite lot owners submit to the Division for their permits Permit Recorded Lot 1 360000 360000 Lot 2 145992 145992 Lot 53440 74470 Lot 54472 23600 Lot 5 67946 67946 Lot 6 112395 112395 Lot 7 60470 60470 Lot 23600 53440 Lot 74470 54472 Please have the applicant either request a permit modification to address the potential increase in BUA to one pond or the other, depending on which drainage area that Lots 3 and 8 belong to. The other option is to record an amendment to the deed restrictions to follow what the permit allocated. Please get this addressed as soon as possible as I believe we have an offsite application either coming in soon or already in house for review. Thanks, Linda Please note my new email address is Linda.Lewis@ncdenr.aov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dave Gambardella [mailto:dgambardella@stroudengineer.com] Sent: Tuesday, February 23, 2010 2:55 PM To: Lewis,Linda Cc: 'Edith Mason'; 'Ronald Cullipher' Subject: REQUEST FOR DEED RESTRICTIONS JONES BROS BUSINESS PARK. SW8-990929 2 Hi Unda,` The deed restrictions were recorded 9/30/09 and are attached.There should also be a copy in Patrick Joyce's Lot 2 SW Permit I think. Thanks Dave Gambordella Stroud Engineering PA 151A Hwy 24 Morehead City NC 28557 (252) 247-7479 (252)247-4098 fax (252)725-4 769 cell dgambardella@stroudengineer.com From: Edith Mason [mailto:edith@masonattorneys.com] Sent: Tuesday, February 23, 2010 2:36 PM To: ran cullipher Cc: dgambardella@stroudengineer.com Subject: Fw: 20100223130618644.pdf ????????????????????????????? Please let me know what's going on with this. -----Original Message ----- [From: Kym(c) Morton_____ To: edithmasonattorneys.com Sent: Tuesday, February 23, 2010 1:36 PM Subject: 20100223130618644.pdf Ms Edith I am sending this attachment for Pat Joyce.. Thank you Kym Morton Joyce & Associates Construction kym@,ioyceandassoc.com 252-223-3171 252-223-3455 (Fax) 3 l PP NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary February 16, 2010 Donnie H. Jones, Partner Jones Brothers Partnership, LLP 501 Banks Lane Newport, NC 28570 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION Jones Brothers Industrial Park Stormwater Project No. SW8 990929 Carteret County Dear Mr. Jones: On December 4, 2008, the Wilmington Regional Office issued a modified Stormwater Management Permit to you for Jones Brothers Industrial Park. Per Section 11.16 of your permit, deed restrictions must be recorded prior to the sale of any lot and per Section 11.17of your permit, a copy of the recorded deed restrictions must be forwarded to the Division within 30 days of the date of recording. Additionally, per Section 11.10 of your permit, the approved stormwater management system must be certified by an appropriate professional, that it has been built in substantial compliance with the approved plans and details. A review of our files indicates that, as of this date, neither a copy of the recorded deed restrictions nor the Designer's Certification has been received in this Office. Failure to submit the required Designer's Certification or to record and/or submit a copy of the recorded deed restrictions to the Division prior to selling lots are violations of your permit, and subject to enforcement action. Please submit the Designer's Certification and forward a copy of the recorded deed restrictions to this Office at the address below by March 16, 2010, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. Please be reminded that the project approved under the offsite permit issued to Patrick Joyce on November 19, 2009, for the development of Lot 2 cannot be constructed until the permitted wet pond is constructed and certified. Additionally, no new offsite permits for proposed lot development on the remaining lots within this subdivision will be issued until the pond is certified and a copy of the recorded deed restrictions is submitted. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at Iinda.lewis(a)ncdenr.gov. Sincerely, Linda Lewis Environmental Engineer III GDS/arl: S:\WQS\STORMWATER\DEEDREST\990929.feb10 cc: Patrick Joyce Town of Morehead City Building Inspections Wilmington Regional Office Stormwater File DWQ Central Files Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer service:1.877-623-6748 NorthCarolina Internet w .navaterquality.org L6 1ry��N���� An Equal Opportunity l Affirmative Action Employer fi/�/ L