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HomeMy WebLinkAboutSW8070824_Current Permit_20071022O�O� WA F9QG r O r .� October 22, 2007 Mr. dean Scarafoni, Manaaer Live Oak NC, LLC 616 Princess Street Wilmington, NC 28401 Subject: Stormwater Permit No. SW8 070824 CVS Carolina Shores, Store #07420 High Density Project Brunswick County Dear Mr. Scarafoni: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for CVS Carolina Shores, Store #07420 on October 22, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 070824 dated October 22, 2007, for the construction of the subject project. This permit shall be effective from the date of issuance until October 22, 2017, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B 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 P Bartlett at (919) 733-5083 X235, or me at (910) 796-7215. Sinc ly, Edward Beck Regional Supervisor Surface Water Protection Section ENB/ptb: S:IWQSISTORMWATERIPERMIT1070824.octt07 cc: Thomas J. Wainwright, P.E., Carter & Burgess Delaney Aycock, Brunswick County Building Inspections Paul T. Bartlett, P.E. Wilmington Regional Office Central Files Now Carolina Aatumlly North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwatergualiiy.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 070824 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 Dean Scarafoni and Live Oak NC, LLC CVS Carolina Shores, Store #07420 9810 Ocean Hwy., Carolina Shores, Brunswick County FOR THE construction, operation and maintenance of a constructed stormwater wetlands 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 October 22, 2017, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 71,874 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. There is no allotment for future built -upon area at the site. 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. SW8 070824 6. The following design criteria have been provided in the constructed stormwater wetlands and must be maintained at design conditions: a. Drainage Area, 2cres: 2.55 Onsite, ft2: 111,078 Offsite, ft . 0 b. Total impervious Surface, ft2: r1,874 Onsite Buildings, 13,225 Onsite Parking, ft : 56,036 Onsite Sidewalks, ft: 2,613 C. Design Storm, inches: 1.0 d. Pond Depth (Dpiants), feet: 1.0 e. Pond Clay Liner Prior to construction, a clay liner will be installed if the Geotechnical Engineer confirms that the Seasonal below the Permanent Low Water Table (SLWT) is Pool Elevation 42.8 FMSL, permitted of as specified in NCDENR BMP Manual, July 2007 f. TSS removal efficiency: 85% 9. Permanent Pool Elevation, FMSL: 42.8 h. Permanent Pool Surface Area, 9,800 Permitted High Marsh, g . 4,460 Permitted Low Marsh, ft : 5,035 Permitted Open Water ft2: 2,027 i. Permitted Storage Volume, ftj: 5,854 (at 43.35) j. Temporary Storage Elevation, FMSL: 43.35 k. Controlling Orifice: 1.5" O pipe I. Plants/200 sq ft Total Provided 6 Herbaceous/200sf 226 4 Shrubs & Small Trees/200sf 120 1 Tree @2.5" �/200sf 22 M. Receiving Stream/River Basin: Persimmon Swamp / Lumber n. Stream Index Number: 15-23-2-1 o. Classification of Water Body: "C; Sw" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time 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 re -vegetation 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. SW8 070824 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. 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 {Mans 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 for a minimum of ten years from the date of the completion of construction. 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. SW8 070824 III. GENERAL CONDITIONS 1. 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 Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the appropriate documentation as listed on page 2 of the form. The approvai of this request wiii 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 re -issuance 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 in writing of any name, ownership or mailing address changes within 30 days. Permit issued this the 22nd day of October 2007. NOR CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for oleen ullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 OFFICE USE ONLY Date Received Fee Paid Permit Number 9/1 1l07 AzeYrY:.i State of North Carolina men of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Live Oak NC, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Dean Scarafoni, Manager 3. Mailing Address for person listed in item 2 above: 616 Princess Street City: Wilmington Telephone Number: L 910 1 762-4356 State. NC Zip: 28401 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): -CVS.Inharmacy CAROLINA SHORRS STORE 5. Location of Project (street address): �PJ-01 b,rJ9, (O �ctn I�• Intersection US HW 17& Calabash Rd. C04116111 tg S[4.CWFS tVC-Z84(o7 City: Carolina Shores County: Brunswick 6. Directions to project (from nearest major intersection): Take HW 17 South from Wilmington to Intersection noted above Proiect is on NW corner ( across from Food Lion) 7. Latitude: 33deg 54min 28sec NLongitude: 78deg 35min 14sec W of project 8. Contact person who can answer questions about the project: Name: Tom Wainwright Telephone Number: ( 919 ) 786-7535 II. PERMIT INFORMATION: 1. Specify whether project is (check one): X New Renewal Modification Form SA U-101 Version 3.99 Page 1 of 4 9 f i3 f d -7 - c rlev. �- Z SW,9 070c3 24- 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): Low Density X High Density Redevelop General Permit Other 4. Additional Project Requiremenis ;check applicable blanks): —CAMA Major _Sedirnentation/Erosion Control _404/401 Permit --_NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. 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. Stormwater will mainly sheet flow from the parkiES/store area into a level spreader and then into a constructed wetlands pond. 2. Stormwater runoff from this project drains to the Lumber River basin. 3. Total Project Area: 17.15 acres 4. Project Built Upon Area: 9.9 g6 5. How many drainage areas does the project have? 2 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the saute format as below. Basin Information DrArea 1 (to BMI I4-aWge Area 2 exit lr Receiving Stream Name Persimmon Swam same; Receiving Stream Class c : gw same Drainage Area 111,078 s . f , 2 .55ac 747,054 s . f . 17.15 ac Existing Impervious* Area na na Proposed Impervious*Area -71,. 874 % Impervious* Area (total) Impervious* Surface Area Drainage Area I Drainage Area 2 On -site Buildings 13,22 5 s . f .: -9­34ac ) On -site Streets na 5Arl3e 0 On -site Parking On -site Sidewalks Other on -site -na r na Off -site Total: ac . Total: 0 tc � -� Impervious area is defined as the built upon area Irwfuding, but not limited to, buildings, road( parking areas, sidewalks, gravel areas, etc. i _Rev. 9/4/07 Farm SWU-101 Version 3.99 Page 2 of 4 tract) How was the off -site impervious area listed above derived? na IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized 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. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SW-101 Version 3.99 Paee 3 of 4 &/2(/d 7_ &'/ e QV �. 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 Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item_ • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow Scale Revision number & date Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevations 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. Designated agent (individual or firm):Thomas J . Wainwright, P.E. Mailing Address: 5811 Glenwood Ave. Suite 300 City: Raleigh State: NC Zip: 27612 Phone: ( 919 ) 786-7535 V11I. APPLICANT'S CERTIFICATION Fax: ( 919 ) 783-5882 I, (print or type name of persan d ' enerallnformation, item 2) Dean Scarafoni certify that the info ation i cl n this permit application form is, to the best of my knowledge, correct and that the project w b cons ° conformance with the approved plans, that the required deed restrictions and protective ve is ' b e ded, and that the proposed project complies with the requirements of 15A NCAC 2H .10 Signature: Date:' - Form SWU-101 Version 3.99 Page 4 of 4 Yj' CVS/pharmacy — Carolina Shores Store: Operations and Mai nce Plan�'}� The constructed wetland implemented as part of the CVS/pharmacy — Carolina Shores Store project has been designed to perform specific water quality and water quantity functions and must be maintained in proper working order in order to perform those functions. This Operations and Maintenance Plan contains detailed descriptions of maintenance procedures, potential maintenance needs, and proper recording of observations/maintenance. Inspections Schedule: 1) Maintenance Inspections: Basins shall be visually inspected by a qualified professional engineer, or other qualified party assigned by and trained by the responsible party, quarterly and after every significant runoff producing rainfall event (1" rainfall depth in 24 hours). These inspections are intended to identify more obvious maintenance needs early on in order to provide early corrective actions. All maintenance inspections reports shall be kept on file by the responsible party and made available to NCDENR or the Town of Carolina Shores upon request. 2) Annual Inspections: Basins shall also be formally inspected by a qualified professional (professional engineer or trained stormwater management specialist) on an annual basis. These inspections are intended to provide a more thorough assessment of the facility than otherwise included in the quarterly observations. All annual inspections reports shall be kept on file by the responsible party and made available to NCDENR or the Town of Carolina Shores upon request. Constructed Wetland Inspection Requirements: 1) Embankment: The embankment shall be inspected for signs of distress that jeopardize the stability of the embankment or otherwise indicate significant problems. These include such items as erosion, loss of vegetated cover, excessive settlement, cracks/sloughs, woody plant growth, rodent intrusion, or other items pertinent to a specific design. 2) Spillways/Outlet Works: All spillways and outlet works shall be inspected, as applicable, for accumulation of debris/trash/sediment, alignment of pipe, spillway lining, erosion, clogging, leaking, soil piping, or other signs of distress. 3) Level Spreading Pretreatment Devices: All forebays or other pretreatment devices shall be inspected for accumulation of sediment, trash, and debris. 4) Vegetation: Vegetative cover shall be evaluated for the entire wetland area. Evaluation of vegetation shall consider plantings within the wetland area as well as along all embankments and spillways. Until fully established (about 2 to 3 years), plantings may need to be watered during dry periods, and perhaps even under normal rainfall conditions. Pruning of plants may be required based upon plant selection and aesthetic considerations. If specific plant species are consistently showing a high mortality rate, it may be necessary to replant with acceptable alternative species that are more tolerant to the actual conditions. In most cases, the nutrient loads associated with the inflow into the wetland area will be relatively high and fertilization and pesticides will not be needed within the wetland area itself. Perimeter vegetation along the dam and embankments may need occasional treatment, as needed. Maintenance of Vegetation Maintenance Instructions Activity Replacement of All dead plants should be removed and disposed of. Before vegetation that Dead Plants has failed on a large scale is replaced, the cause of such failure should be investigated. If the cause can be determined, it should be eliminated before any reinstallation. Fertilization The objective of fertilizing at a BMP is to secure optimum vegetative growth rather than yield (often the objective with other activities such as farming). Infertile soils should be amended before installation and then fertilized periodically thereafter, if needed. Fertilizer can be composed of minerals, organic matter (manure), compost, green crops, or other materials. Irrigation/ Watering of the vegetation can often be required during the germination and Watering establishment of the vegetation, as well as occasionally to preserve the vegetation through drought conditions. This can typically be accomplished by pumping water retained in the BMP or from the stream, installing a permanent irrigation system or frost -proof hose bib, or using portable water trucks. Mulching Mulching should be used to maintain soil temperature and moisture, as well as site aesthetics. A one -inch layer is typically adequate. Ideally, mulch should be removed before winter to irPvent an infestation of rodents. Weeding Weeding is often necessary in the first growing season, particularly if herbaceous grasses are out -competing the young woody vegetation growth. The need for weeding may be largely eliminated by minimizing the amount of seed used for temporary erosion control. Weeding may also be required if, over time, invasive or undesirable species are entering the site and outcompeting plants that are specifically involved in the treatment of the stormwater. Include note not to use pesticides. Cultivating/Hoeing Hoeing is often required to loosen overly compacted soil and eliminate weeds that compete with the desirable vegetation. Pruning Pruning is used to trim to shape and remove dead wood. It can force single shoot shrubs and trees to assume a bushier configuration. Thinning Thinning dense brush may be necessary for particular species to thrive, increase the vigor of individual specimens, to reduce flow obstructions, and to increase the ability of maintenance staff to access the entire BMP. Tall maturing trees, for the most part, have no place in a BMP (except for buffers) and should be rennoved as soon as possible. Staking ' Saplings of tall trees planted in or near the BMP may require staking. Care be should taken not to damage the tree's roots with stakes. Stakes should be " kept in place for 6 to 18 months, and the condition of stakes and ties should be checked periodically. Wound Dressing The wounds on any trees found broken off or damaged should be. dressed following recommendations from a trained arborist. Disease Control ; Based on monitoring observations, either insecticides or (preferably) organic means of pest and fungal control should be used. Protection from Fencing and signage should be installed to warn pedestrians and to prevent Animals and damage due to trampling. These measures are often most necessary during Human Foot the early phases of installation but may be required at any time. Measures Traffic for controlling human foot traffic include signs, fencing, floating log barriers, impenetrable bushes, ditches, paths, and piled brush. Wildlife damage is caused by the animals browsing, grazing, and rubbing the plants. The use of chemical wildlife repellents should be avoided. Fences and meshes can be used to deter entry to the BMP. Tree tubes can be used to prevent damage to individual specimens. Mowing Mowing of perennial herbaceous grasses and wildflowers, especially once seed heads have set, promotes redistribution of seed for this self-sustaining system. Mowing should be carefully controlled, however, especially when performed for aesthetics. As adjacent property owners and customers in general learn more about BMPs, their vision of what is aesthetically pleasing can change. GENERAL WETLAND MAINTENANCE BMP element Potential problem How to remedy the problem 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 remove the wetland erosive gullies have gully, and then plant a ground cover and formed. water until it is established. Provide lime and a one-time fertilizer application. i Vegetation is too short or Maintain vegetation at a height of i too long. approximately six inches. The inlet device: The pipe is clogged i Unclog the pipe. Dispose of the sediment pipe or swale I off -site. The pipe is cracked or Replace the pipe. otherwise damaged Erosion is occurring in the Regrade the swale if necessary to smooth it swale over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Level Spreading Sediment has accumulated j Search for the source of the sediment and Curb and reduced the depth to 1 remedy the problem if possible. Remove 75% of the original design the sediment and dispose of it in a location depth ! where it will not cause impacts to streams i or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. if a pesticide is used, wipe it on the plants rather than spraying. The deep pool, Algal growth covers over Consult a professional to remove and shallow water and 50% of the deep pool and control the algal growth. shallow land areas shallow water areas. Cattails, phragmites or Remove the plants by wiping them with other invasive plants cover pesticide (do not spray) — consult a 50% of the deep pool and professional. shallow water areas. Shallow land remains Unclog the outlet device immediately. flooded more than 5 days after a storm event. Plants are dead, diseased or Determine the source of the problem: soils, dying. hydrology, disease, etc. Remedy the problem and replace plants. Provide a one- time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Best professional practices Prune according to best professional show that pruning is needed practices. to maintain optimal plant health. Sediment has accumulated Search for the source of the sediment and and reduced the depth to remedy the problem if possible. Remove 75% of the original design the sediment and dispose of it in a location depth of the deep pools. where it will not cause impacts to streams or the BUT. The embankment A tree has started to grow I Consult a dam safety specialist to remove on the embankment. the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair Evidence of muskrat or Use traps to remove muskrats and consult a beaver activity is present. professional to remove beavers. The micropool , Sediment has accumulated Search for the source of the sediment and and reduced the depth to remedy the problem if possible. Remove I 75% of the original design the sediment and dispose of it in a location depth where it will not cause impacts to streams or the BMP. Plants are growing in the Remove the plants, preferably by hand. If a micropool pesticide is used, wipe it on the plants rather than spraying. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is Repair or replace the outlet device. damaged The receiving water Erosion or other signs of Contact the NC Division of Water Quality damage have occurred at 401 Oversight Unit at 919- 733-1786. the outlet. Constructed Wetland Maintenance Requirements: All routine maintenance shall be performed within 60 days of inspection citing maintenance needs unless circumstances necessitate for health or safety reasons that maintenance must be completed on an accelerated schedule. Operations and Maintenance Log: Inspection Maintenance Date: I Date: By: By: Last Rainfall (date and amount): Last Rainfall (date and amount): ) Today's Weather: Today's Weather: BMP element Status Maintenance Completed Maintenance Required: Y N Maintenance Completed: Y N Description: Comments: Entire BMP Maintenance Required: Y N Maintenance Completed: Y N Inlet Device: Description: Comments: Pipe or Swale Maintenance Required: Y N Maintenance Completed: Y N Level Spreading Description: Comments: Curb Maintenance Required: Y N Maintenance Completed: Y N Description: Comments: Vegetated Shelf I � Maintenance Required: Y N Maintenance Completed: Y N Main Treatment Description: Comments: Area Maintenance Required: Y N Maintenance Completed: Y N Description: Comments: Embankment Maintenance Required: Y N Maintenance Completed: Y N Description: Comments: f� Outlet Device I Maintenance Required: Y N Maintenance Completed: Y 1V' i Description: Comments: Receiving Water ' Comments: (include date and initials) Operations and Maintenance Agreement: CVS 7420 NC, L.L.C., hereby acknowledges that it is the financially responsible party for maintenance of this impoundment. It will perform the maintenance as outlined aoove. CVS 7420 NC, L.L.C. By: _ Date: 9 -7 - dam% Name: Miami; Mr-Mcinade G w3s Title: Assistant SprrPtary CVS Legal Approval: Susan E. Carlson, Mintz Levin I, � .R IV, `Al l & r d , a Notary Public for the State 4&a d._ r ju , do hereby ce 'fy thatC). c mc, W-t KetncgIj me this day of , 20071 and ack foregoing instrument. Witness my hand and official seal Sea] o9l�I �S� , County of 9 s,' personally appeared before mledge due execution of the d-L� ej commission expires: Dawn M Allard Notary Public State of Rhode Island My Commission Expires 06/22/2011 RECEIVED STATE OF NORTH CAROLINA OCT 2 2 2007 BRUNSWICK COUNTY DWQ IPROJ # SW SC) -,7O 3Z STORMWATER AGREEMENT BETWEEN OWNER AND TENANT THIS AGREEMENT, made and entered into this the _II -E-> day of �LJ e.�'O�i�'Y, 2007, by and between LIVE OAK NC, LLC, hereinafter referred to as Owner, and CVS 7420 NC, L.L.C., hereinafter referred to as Tenant. WITNESSETH THAT WHEREAS, Tenant is this day accepting responsibility for the stormwater device(s) installed on that certain real property known as , as shown on the plat thereof recorded in the Book of Maps , Page , Brunswick County Registry, hereinafter referred to as the property; and WHEREAS, subject to the terms and conditions of this Agreement, the Tenant accepts responsibility for the operation and maintenance of the proposed best management practices (`BMP(s)") for the stormwater devices and associated stormwater conveyance systems (collectively, the "Stormwater System") located on the property; and WHEREAS, subject to the terms and conditions of this Agreement, the Owner will maintain the BM-P(s) at his expense if the Tenant should decide to vacate the property and at the Tenant expense if the Tenant fails to provide the proper maintenance, as required by the State of North Carolina Department of Environment and Natural Resources Division of Water Quality and the Stormwater Permit issued by the Division of Water Quality; and WHEREAS, the Tenant understands that this Agreement shall inure to the benefit of its successors in title, whomsoever they may be in the future. NOW, THEREFORE, it is understood and agreed by and between the parties: 1. The maintenance of the BMP(s) for the Stormwater System shall be the responsibility of the Tenant during its occupancy of the property; provided, however, that if any stormwater runoff from any other party is diverted to the Stormwater System the Owner, then Tenant shall only be responsible for its pro rata share of the maintenance of the BMP(s) for the Stormwater System and the Owner would be liable for the remainder of such maintenance. 2. The maintenance of the BMP(s) for the Stormwater System shall be the sole responsibility of the Owner, if the Tenant vacates property. 3. The responsibility for the maintenance of the BMP(s) for the Stormwater System can only pass to another owner upon the Division of water Quality's receipt of an official request to transfer the permit and the Divisions approval of that request. Title: .'V1.u",. �L-f Date: \ a - \5- ® `7 Tenant: CVS 7420 C, L.L.C. By: Name: Diane MCMonagle Glass Title: Assistant Secretary CVS legal approval by S san F, Carlson, Mintz Levin Date: D . Page 1 of 2 CS9-4. .A COUNTY I, C, P4 0 % g mc" g-, TPE UNDERSIGNED notary Public of the County and State aforesaid, certify thatb'&rngk� �"bcvratn! personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the J'r day of ®Cid , 6 , A A,-,J Notary Public My Comm. Exp. AAAA130 db / 1---- �11nc�.a COUNTY N` lam\ _ THE UNDERSIGNED notary Public of the County and State aforesaid, certify that a ersonally appeared before me this day and acknowledged the due execution of the foregoi mstrument. WITNESS my hand and notarial seal, this the day of &W)L Ir, - v ./ My Comm. Exp. I Notary Public 6 3 7 Dawn M Allard Notary Public State of Rhode island My Commission Expires 06/22/2011 Page 2 of 2