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HomeMy WebLinkAboutSW4080101_CURRENT PERMIT_20120316STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW��& Zy/ DOC TYPE � CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE DOC DATE �(231� YYYYMMDD Ai12= NCDENR North Carolina Department of Environment and Natural Reso Beverly Eaves Perdue Governor Mr. W. L. Hardin, Jr. Hardin, LLC P.O. Box 400 Liberty, NC 27298 Subject: Ownership Change Stormwater Permit No Dollar General Stokes County Dear Mr. Hardin: Division of Water Quality C hades War;ild, P.E. Director January 13, 2012 kifiTL•11Fs1111V l N.C.DePt. of ENR Winston-Salem Dee Freeman Secretary On March 13, 2012, the Stormwater Permitting Unit received a request for transfer of ownership of the Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have inspected the project, determined that the documentation is in order, and the project is in compliance with the Stormwater permit requirements. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division or Water Quality in the Winston-Salem Regional Office at (336) 771-5000. For your records, please find enclosed a copy of the updated permit, a copy of the original permit issued on September 5, 2008, and a copy of the Name/Ownership Change form submitted. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807-6375; or robert.patterson@ncdenr.gov. Sincerely, for Charles Wakild, P.E. cc: Sue Homewood _ Winston-Salem Regional Office (SW4080101 File) T. Cooper James - Columbia Development, LLC Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1517 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.newalerquality.org An Equal Opportunity 4 AHirmalive Action Employer NorthCarohna Naturally State Stormwater Permit Permit No.SW4080101 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 Hardin, L.L.C. Dollar General Mountain View Road, King, Stokes County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and S.L. 2006-246 (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 September 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 on page 2 of this permit. The stormwater control has been designed to handle the runoff from 43,560 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. This includes the attached recorded deed agreement dated June 25, 2008, between COLUMBIA DEVELOPMENT, LLC and BBID Properties, LLC for the part of the wet pond located on BBID's property. 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 1 of 6 11 State Stormwater Permit Permit No.SW4080101 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, ayes: 2.07 Onsite, ft : 314,175 Offsite, ft2: 0 1:7 Total Impervioys Surfaces, ft2: Buildings ft Roads/Parking, ft2: Other, ft2 2 Offsite, ft Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMS�: Permitted Surface Area @a PP ft Permitted Storage Volume, ft Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, W : Forebay Volume, W: Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 43,560 9,147 19,167 0 15,246 (offsite roadway) 3.0 90% 1.0 inch 476.50 4,230 3,908 at temporary pool 477.20 1.0"0 pipe 12,603 2,404 Muddy Creek 1 Yadkin Pee -Dee 12-94-(0.5) „C„ The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 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. Page 2 of 6 State Stormwater Permit Permit No. SW4080101 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon compietion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. if the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee 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'tinie schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form, to the Division of Water Quality, signed by both parties, and accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. Page 3 of 6 �I State Stormwater Permit Permit No. SW4080101 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 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. 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 notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 151h day of March, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION i9f 40 � for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Permit Permit No.SW4080101 King, Dollar General Stormwater Permit No. SW408010'1i Stokes 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 included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 5 of 6 _ �I State Stormwater Permit Permit No.SW4080101 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause'short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. Please submit this Designer's Certification to: Wintson-Salem Regional Office Surface Water Protection 585 Waughtown Street Winston-Salem, NC 27107 Page 6 of 6 RECEIVED N,C,Dept. or ENR MAR 12 2012 NCDENR Winston-Salem North Carolina Department of Environment and Natural Resources Re Tonal ortce Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: J LU a0301 D t _ 2. Project Name: boiiw Genel' ( 3. Current Permit Holder's Company Name/organization: GU(Urnh;t,_l!e,Vefo,0f►1e(Lf, LLL 4. Signing Official's Name: T CyA) r Onme-s _ _ Title: f_Wnr�se; 5. Mailing Address: City: G-r ce- or U State: NJ L Zip: ^ ` D y b L 6. Phone: (3"36) 43 5 - 5 - - 5 Fax: ( ) �s 54 - 53 f b IL PROPOSED PERMITTEE I OWNER / PROJECT 1 ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ N me change of project (Please complete Item 5 below) Change in ownership of the property/company.(Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization:yAa.fa+"\ , ILL 2. Proposed permittee's signing official's name: _ U) 14CAirl ✓� , �r 3. Proposed permittee's title: I G 661 _ e_ 0- 4. Mailing Address: U 61 �k L)b City: L eir f-i State: C_ Zip: _ 7y Phone: {336) 6 24- i i,5U T� Fax: ( L 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: ❑. HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in ##1 above and provide name of HOAIPOA's authorized representative in ##2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on [age 4) Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev15Feb2011 Page 1 of 4 Ill. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must. be completed and signed by both the current permit:holder and the new.applicant'if-this is a.change of.owhdrship. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV, CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/herlifs name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. We'Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, T• ' v Cc , the current permittee, am submitting this application for a transfer of ownership for permit # S(Aj.qo t)i 01 _ _ . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections li and V of this form. I further attest that this application for a name/ownership change -is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: 1 .. I, c�t3 ►� �� II, a Notary Public for the State of �2o5- _, County of do hereby certify that T�Loo,"- r , CAYACS personally appeared before me this the __'•7 day of abr , 20_J2, and acknowledge the due execution of the forgoin instrum . Wit :Sszhan and official seal, (Notary Seal) N r Sig SSW N/0 Change Rev15Feb2011 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed /Permaittee, for all transfers of ownership) 1,-l/• //�'� ^'y ` _ , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) ® the most recent permit the designer's certification for each BMP fany recorded deed restrictions, covenants, or easements [] the DWQ approved plans and/or approved as -built plans g1he approved operation and maintenance agreement past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application fora name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not complete or if all required supporting information and attachments listed above are not included, this pI' do pack e will be returned as incomplete. Signature: Date: -I i,-_w> C _ a Notary Public for the State of __ ry M C, _, County of �4., _ do hereby certify that L ACLCL& i e) _ personally appeared boforc me this the - -- ] -41, day of --�lx u_ � t�,�,� �l 20, and acknowle cq'1ied'rfIf3 ecution of the hi forgoing instrument. Witness my hand and official seal, ti,° O Vasa*°�.%-9�,f'�yf (Nofarr e4... j` o s Nota Signature �e "a AUCL1G�a$ +'''•,�pM CQ13N �aa Additional copies of the original permit and the approved Operation and Ili' f►fAmwtt agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), shouid be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/Q Change Rev15Feb2011 Page 3 of 4 "° ���"�r y5' .t. ., try � FI' , � f L % �.� �s r. - - - ��'-` ��� , •yh •� r .' a •� VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Email: Fax: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is as violation of .NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of day of Date: a Notary Public for the State of , do hereby certify that personally appeared before me this the 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev15Feb2011 Page 4 of 4 0604 1243 APPROVED BY 6W STOKES COUNTY ASSESSOR 'A—keN (;qr„h 03-02-2010 ?\ )RT11 CARoum, — Rap Fatytc Ekciu To, Sty BK:00604 M 1243 FILED STOKES COUNTY KATHY YOUNG REGISTER OF DEEDS FILED Mar 02, 2010 AT 09:02 am BOOK 00604 START PAGE 1243 END PAGE 1246 INSTRUMENT # 00896 NORTH CAROLINA SPECIAL WARRANTY DEED Qcise Tax: ,$ 1620.00 Parcel Identifier No. Verified by County on the _ day of _ _ 20,-,_ Mail/Boxto: William H. Flowe, Jr., P. 0, Box 1315, Liberty, NC 27298-1,115 This instrument was prepared by: Paul M. Dennis Jr. w f P W' a Ex nati Brief description for the Index: THIS DEED made this L day ofMA&ck_, 2010, by and between GRANTOR. I GRANTEE COLUMBIA DEVELOPMENT, LLC a North Carolina limited liability company Grantor's Address: PO Box 10325 Greensboro, NC 27404 HARDIN, LLC a North Carolina limited liability company Grantee's Address: 9V It Bemraet venae P. 0. Box 400 Liberty, NC 27298 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Yadkin Township, Stokes County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY RERFERENCE. The property hereinabove described was acquired by Grantor by instruments recorded in Book 576 page 1878, Book 576, Page 1880, and Book 576, Page 1882. (00O 462.DOC)NC Bar Association Form No. 6 O 1977, 2002 Printed by Ageemenp with the NC Bar Association - 1991 ON BK:00604 P13:1244 1244 TO HAVE AND TO HOLD 1he aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: (i) easements, restrictions and rights of way of record; (ii) ad valorem taxes for 2010 and subsequent years; and (iii) unrecorded lease with Doigencorp,Inc. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. COLUMBIA DEVELOPMENT, LLC By: \ 'Z:� Title: kia ager State of North Carolina - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _day of , 20_. My Commission Expires: Notary Public State of North Carolina -County of 1, the undersigned Notary Public of the County and State aforesaid, certify that T. Cooper )amcs personally came before me this day and acknowledged that he is the Manager ofCOLUMBIA DEVELOPMENT, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the fore ing instrument in its name on its behalfas its act and deed. Witness my hand and Notarial stamp or seal, thisg#'K day ofyf�. u, 2010. My Commission Expires: .4-77/41 State of North Carolina - County of Vol " r, ' 4� I, the undersigned Notary Public ofth d State afar My Commission Expires: ridCnd No or seal, this C" Public day of 120, Notary Public The foregoing Certificate(s) of istare certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the fast page hereof. Register of Deeds for County By: Deputy/Assistant - Register of Deeds J00054462.dOCINC Hsr Associuion Form No. 6 D 1977, 2002 Printed by Ag emma with ftfe NC tier Aumistion - 1991 0664 1245 EXHIBIT A BK:00604 PG:1245 In Yadkin Township, Stokes County, North Carolina: Tract 1: BEGINNING at a point in the eastern right of way line of Mountain View Road (SR 1132) said point being North 35 degrees 53 minutes 35 seconds East 36.74 feet from a set Iron pipe in the eastern line of J. Coy Lawson, DB 499, PG 44, Stokes County Registry; thence from said Beginning point along the eastern right of way of Mountain View Road on a curve to the right (R=674.08' & Arc=255.20') North 48 degrees 14 minutes 58 seconds East a chord distance of 253.11 feet to a set iron pipe; thence leaving Mountain View Road on a new line, South 28 degrees 41 minutes 28 seconds East 242.82 feet to a set iron pipe; thence on a new line South 47 degrees 33 minutes 53 seconds West 185.10 feet to a point; thence North 44 degrees 54 minutes 16 seconds West 239.11 feet to the point and place of Beginning, containing 1.250 Acres; and being shown as Tract 1 on a survey prepared by Eric L. Craver, Land Surveyor for Columbia Development, LLC. dated June 15, 2007 and revised December 5, 2007, and further revised December 11, 2007, known as Job/Dwg. No. 0747-2. Tract 2: BEGINNING at a set Iron pipe in the eastern right of way line of Mountain View Road (SR 1132) said pipe being in the eastern line of J. Coy Lawson, DB 499, PG 44, Stokes County Registry; thence from said Beginning point along said right of way of Mountain View Road (SR 1132), North 35 degrees 53 minutes 35 seconds East 36.74 feet to a point; thence leaving said right of way of Mountain View Road (SR 1132) and running with the line of Tract 1 as described In Deed recorded in Book 576, Page 1878, Stokes County Registry, South 44 degrees 54 minutes 16 seconds East 239.11 feet to a point; thence on a new line South 47 degrees 33 minutes 53 seconds West 140.42 feet to a set iron pipe In the eastern line of J. Coy Lawson, DB 499, PG 44; thence along Lawson's eastern line the following three (3) courses and distances: 1) North 09 degrees 11 minutes 17 seconds West 121 A7 feet to an existing iron; 2) North 29 degrees 19 minutes 13 seconds West 58.00 feet to an existing Iron; and 3) North 31 degrees 20 minutes 46 seconds West 74.78 feet to the point and place of Beginning, containing 0.403 Acres; and being shown as Tract 2 on a survey prepared by Eric L. Craver, Land Surveyor, for Columbia Development, LLC dated June 15, 2007 and revised December 5, 2007; and further revised December 11, 2007, and known as JoblDwg. No. 0747-2. Tract 3: BEGINNING at a set Iron pipe in the eastern right of way line of Mountain View Road (SR 1132), said iron pipe being located in the eastern line of J. Coy Lawson, DB 499, PG 44, Stokes County Registry; thence North 31 degrees 20 minutes 46 seconds West 32.62 feet to a point in the centerline of Mountain View Road (SR 1132); thence along the centerline of Mountain View Road North 36 degrees 04 minutes 55 seconds East 24.08 feet to a point; thence on a curve to the right (R=604.08' & Arc=268.56') North 48 degrees 15 minutes 53 seconds East a chord distance of 266.35 feet to a point; thence leaving the centerline of Mountain View 1000}4462.DOC}NC Bw AssocVtion Form No. 6 O 1977, 2002 printed by Ayscment with the NC Au Association • 1931 0604 BK:00604 PG:1246 1246 Road, South 28 degrees 41 minutes 28 seconds East 30.01 feet to a set iron pipe in the eastern right of way of Mountain View Road, said iron pipe being located at the northernmost corner of "Tract 1" described in Deed in Book 576, Page 1878, Stokes County Registry; thence along the northwest line of said "Tract 1" and with the eastern right of way margin of Mountain View Road on a curve to the left (R=574.08' & Arc=255.20') South 48 degrees 14 minutes 58 seconds West a chord distance of 253.11 feet to a point, said point being located at the northernmost corner of "Tract 2" described in Deed in Book 576, Page 1880, Stokes County Registry; running thence with the northwest line of said "Tract 2" and with the eastern right of way margin of Mountain View Road South 35 degrees 53 minutes 35 seconds West 36.74 feet to the place of Beginning; all in accordance with a survey by Eric L. Craver, Land Surveyor, for Columbia Development, LLC dated June 15, 2007; revised December 5, 2007 and further revised December 11, 2007, and known as Job/Dwg. No. 0747-2. TOGETHER WITH all right title and interest in and to, those certain Easements appurtenant to the above described property which are more particularly described In Book 576, Page 1884 and in Book 598, Page 381. (0005W2.D0C)NC Su Association Forth No. 6 a 1977, 2002 Rinsed by Agrxmem with the NC Har Association - 1931 Compliance Inspection Report Permit: SW4080101 Effective: 09/05/08 Expiration: 09/04/18 Owner: Columbia Development LLC Project: King Dollar General County: Stokes Mountain View Rd Region: Winston-Salem King NC 27021 Contact Person: Jason Layne Title: Phone: 704-663-7738 Directions to Project: Highway 52 North of Winston-Salem to exit 122 (Moore -RJR Drive), Left on Moore -RJR Dr. Go approx. 4 miles and site is on right just before NC 66. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 001 - (Muddy Creek) (03-07-04 ) ( C) On -Site Representative(s): Related Permits: Inspection Date: 01/26/2012 Entry Time: 01:00 PM Primary Inspector: Sue L Homewood Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E State Stormwater (See attachment summary) Exit Time: 01:15 PM Phone: 336-771-4964 Inspection Type: Compliance Evaluation Page: 1 Permit: 5W4080101 Owner - Project: Columbia Development LLC Inspection Date: 01/26/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Followup visit to inspect repair/restoration of wet detention basin in accordance with approved plan. Site has been restored as proposed, side slopes laid back, matting installed, forebay berm re -graded and stable outlet installed. Pond still not holding water to permanent water level but determined to be sufficient per Stormwater Unit review. Site is now in compliance provided permanent vegetation stabilizes repaired areas. Page: 2 Permit No. S�� qyi;-CI O% (Io be provided by DWQ} , ova r�RO all NCDENR a STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be titled out, printed and submitted. The Required Items Checklist (Part 1/0 must be printed, filled out and submitted atong with all of the required information. Project name King; DallarGetteral• ;- Contact person Jasori Layne . ' Phone number 704-663-7738' Date 61212008 Drainage area number 1 IVII)ESIGNIINFORMATION-R, j;'-OZ Site Characteristics Drainage area 90;170 ft, Impervious area 43,560 ' . ft2 % impervious 48-30915852 % Design rainfall depth 1.0, in Storage Volume: Non -SR Waters Minimum volume required 3,643 ft3 Volume provided 31907 ft3 Storage Volume: SR Waters 1-yr. 24-hr runoff depth in Pro -development 1-yr, 24-hr runoff ft3 Post -development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided ft3 Peak Flow Calculations Is prelpost control of the 1-yr 24-hr peak flour required? N , (Y or N) 1-yr, 24-hr rainfall depth 2.8 ., .. in Rational C, pre -development 0.6•.. _ (unities) Rational C, post -development .0:7. c(unitless) Rainfall intensity: 1-yr, 24-hr storm 0.1 .infhr Pre -development 1-yr, 24-hr peak flow 0.1 ft3/sec Post -development 1-yr, 24-hr peak flow 0.2 ft'/sec Pre/Post 1-yr, 24-hr peak flow control 0.0 ft3/sec Basin Elevations Basin bottom elevation 468.50 ft Sediment cleanout elevation 469.50 It Bottom of shelf elevation 476,00" , ft Permanent pool elevation 476.50, ft Top of shelf elevation 477.001 . , ft Temporary pool elevation 477:20 .. ft Volume and Surface Area Calculations SAVA ratio ", '-" . 3,00 :. '•, f' (unitless) Surface area at the bottom of shelf •' '. 2960.0W1 : ft' Volume at the bottom of shelf 2731.00 `-.- ;ft3 Permanent pool, surface area required 2,705 ' .., ft, Permanent pool, surface area provided 4,230" It Permanent pool volume 12,603.,- ft3 Average depth for SAIDA tables 2,979432624 ft Surface area at the top of shelf :5700 ft2 Volume at the top of shelf 2473 : ft3 OK Minimum of 3 ft required, Increase depth Form SW40t-VJet Detention Basin-Rev.3 Parts J. & II. Design Summary, Page 1 of 2 tr R Permit No. s �✓L� �� (to be provided by DWQ) lttDESIGf3iINF,ORMAT10Ng.'br� i>�,"�s, v Forebay volume 2,384. ft' Forebay % of permanent pool volume 19 % OK Temporary pool, surface area provided 7,3W ft2 Drawdown Calculations Treatment volume drawdown time 3.56 days OK Treatment volume discharge rate 0.01' ft31s Pre-development'l-yr, 24-hr discharge , 4.80, ' : " n"Is OK Post -development 1-yr, 24-hrdischarge 2.07 fills OK Additional Information Diameter of orifice 1.00 in Design TSS removal 90 % Basin side slopes 3 :1 OK Vegetated shelf slope 10. :1 OK Vegetated shelf width 10 ft OK Length of flowpath to width ratio 5 :1 OK Length to width ratio 2 ' ; " •. :1 OK Trash rack for overflow & orifice? '" Y (Y or N) OK Freeboard provided :1185' ;" ft OK Vegetated filter provided? '' N `.. (Y or N) Design must be based on 90% TSS removal Recorded drainage easement provided? Y"', 0% -(Y or N) OK Capures all runoff at ultimate build -out? :.Y. .. (Y or N) OK Drain mechanism for maintenance or emergencies Y Form SW4o1-Wet Detention Basin-Rev.3 Parts I. & II. Design Summary, Page 2 of 2 Permit No, S G 1 (to be provided by DWQ) Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Page/ Plan Initials Sheet No. JEL SP-2 1. Plans (1" - 50' or larger) of the entire site showing: Design at ultimate build -out, Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Recorded drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. JEL SP-2 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: Outlet structure with trash rack or similar, Maintenance access, - Permanent pool dimensions, Forebay and main pond with hardened emergency spillway, Basin cross-section,—. - - - - - - Vegetation specification for planting shelf, and Filter strip. JEL SP-3 3, Section view of the dry detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. NA NA 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. JEL SP-3 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify, volume provided. NA NA 6. An assurance that the installed system will meet design specifications upon initial operation once the project is complete and the entire drainage area is stabilized. NA NA 7. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. JEL Attached 8. The supporting calculations. JEL Attached 9. A copy of the signed and notarized inspection and maintenance (I&M) agreement. 10. A copy of the deed restriction. Form 5W401-Wet Detention Basin-Rev.1 Part III. Required Items Checklist. Page 1 of 1 DWQ USE ONLY Date Received Fee Paid Permit Number Stv4 coo) 0 State of North Carolina Department of Environment and Natural Resources - Division of Water Quality E STORMWATER MANAGEMENT PERMIT APPLICATION F R JUL j 8 2008 This form may be photocopied for use as nit original DENR - WATE14 QUALI Wee ands & Stormwater Branch I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): COLUMBIA LLC Z. C 1.4M6S� IYIArJ!'rC�-C� 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): -T.C. 3!}MES MAA+RtAJ_'-R c-aL.Unki3%R- LLC 3. Mailing Address for person listed in item 2 above: 00 %0 x City: G Beni ►-� $00-0 Phone: ( 331 ) 1351S 55SS Email: 1r_,\­+550CCC* tips, CD vCO-,Cv to►%A State: r-'C Zip: 7-_)4.0LA Fax: 33 $5L(- S'31.G 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): King Dollar General Store 5. Location of Project (street address): Mountain View Road City: King County: Stokes 6. Directions to project (from nearest major intersection): Hwy 52 North of Winston Salem to exit 122(Moore-RJR Dr.) Left on Moore -RJR Dr. Drive approximately 4 miles and site is on night jest before NC 66. 7. Latitude: 36.30153 k Longitude:-80.32951. 8. Contact person who can answer questions about the project: Name: Jason Layne . Telephone Number: (?04 Email: infoodardeneng. com . II. PERMIT INFORMATION: 1. Specify whether project is (check one): QNew ❑Renewal Form SWU-101 Version 8.07 Paget of 4 of project 663-'7738 ❑Modification 0 2. If this application is being submitted is the result of a renewal or modification to an existing permit, list the existing permit number N • A • and its issue date (if known) 3. Specify the type of project (check one): ❑Low Density OHigh Density []Redevelop ❑General Permit ❑Universal SMP ❑Other 4. Additional Project Requirements (check applicable blanks): ❑CAMA Major x❑Sedimentation/Erosion Control 0404/401 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 sheet flow from Mt. View Rd. Some Runnoff will go into catch basins and other will sheet flow into the wetpond. Pipes from basins will take collected stormwater to the new 90% efficient wet pond. wet pond will drain to an existing swale. 2. Stormwater runoff from this project drains to the Yadkin River basin. 3. Total Site Area: 1.65 acres 4. Total Wetlands Area: 0 acres 5. 100' Wide Strip of Wetland Area: N. A. acres (not applicable if 110 wetlands exist on site) 6. Total Project Area**: 1 q, JVQ acres 7. Project Built Upon Area: 40 "Y�t 8. How many drainage areas does the project have? 1 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Muddy creek Stream Class & Index No. class c Drainage Area (so 9o, 169.6 Existing Impervious* Area (sf) 15,246.0 -14 Proposed Impervious*Area (so 28,314.1 % Impervious* Area (total) 50$ Impervious*. Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings (so 9,147 On -site Streets (so N . A. On -site Parking (so 19,167 On -site Sidewalks (so N.A. Other on -site (so N.A. Off -site (so 15,246.1 Total (so: 43,560.1 " Impervious area is defined as llle built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SW U-101 Version 8.07 Page 2 of 4 **TotaI project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. 10. I -low was the off -site impervious area Listed above derived? A survey was taken then the project was drawn using Auto CAD. IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4. Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SW401-I,ow Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Isevel Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Form SWU-101 Version 8.07 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by Iocating project on the interactive online map at http://112o.cnr.sta(e.ne.us/su/rnsi maps.litrn) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form _dv • Original and one copy of the Deed Restrictions & Protective Covenants Form • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP • Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soil report _ .— • Three copies of plans and specifications (sealed, signed & dated), including: C - 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): Mailing Address: City: Phone: --- Email: VIII. APPLICANT'S CERTIFICATION State: Zip: Fax: ( i I, (print or type name of person listed in General Information, item 2) T c. sA/Yk S certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. Signa Form SWU-101 Version 8.07 Page 4 of Date: (0" aS -0 S North Carolina Secretary of State . http:/lwww.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=85... Elaine F. Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports-- - Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B23 Annual Reports SOSID Number Correction 2001 Bill Summaries, 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page North Carolina DEPARTMENT OF THE SECRETARY OF STTATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 7/21/2008 Click here to: View Document Filings I Sign Up for E-Notifications 11Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report i Corporation Names Name Name Type - NC—BBID Properties, LLC Limited Liability Company Information SOSID: 0999622 Status: Current -Active Date Formed: 9/6/2007 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Browder, J Tyrone Registered 153 A Jefferson Church Office Address: Road King NC 27021 Registered P.O. Box 550 Mailing King NC 27021 Address: Principal Office 153 a Jefferson Church Address: Road r King NC 27021 Principal P.O. Box 550 Mailing King INC 27021 Address: of 1 7/21/2008 1:06 PM �f.PAR 7IV��T 1-606-7986969 6� LIMITED LIABILITY COMPANY 4 ANNUAL REPORT 9` NAME OF LIMITED LIABILITY COMPANY: COLUMBIA DEVELOPMENT, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0849745 NATURE OF BUSINESS: Commercial Real Estate Development REGISTERED AGENT: Dennis, Paul Jr. REGISTERED OFFICE MAILING ADDRESS: 100 N. Greene Street, Suite 600 Greensboro, NC 27401 REGISTERED OFFICE STREET ADDRESS: 305 Pisgah Church Rd Ste. 2c Greensboro, NC 27455 Guilford County SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TELEPHONE NUMBER: (336) 855-5555 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: Name: T. Cooper James Title: managing member Address: P.O. Box 10325 Greensboro, NC 27404 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT P.O. Box 10325 Greensboro, ArC 27404 600 Green Valley Road, Suite 202 Greensboro, NC 27408 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 /9-�_ p�pF W A TF/? Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment mid Natural Resources 0 Y Coleen H. Sullins, Director Division of Water Quality August 13, 2008 CERTIFIED MAIL #7003 2260 0005 5381 1214 RETURN RECEIPT REOUESTED T.C. James - Manager Colombia Development, LLC P.O. Box 10325 Greensboro, NC 27404 Dear Sirs: CERTIFIED MAIL. #7003 2260 0005 5381 1207 RETURN RECEIPT REOUESTED Allen M. Brawley Brawley Construction Company P.O. Box 1067 Mooresville. NC 28115 Subject: NOTICE OF VIOLATION NOV-2008-CV-0013 Incident No. 200802076 King, Dollar General Failure to Obtain State Stormwater Permit Stokes County FRECEIVED N.C. lot . of ENR AUG 5 MOB Winston-$alem Regional p+.fice On November 21, 2007, NC Division of Land Resources issued an approval for an erosion and sedimentation control plan for 1.8 acres of land disturbance for the construction of a Dollar General in King, Stokes County, NC. According to North Carolina General Statute 143-214.7 and Session -Law 2006-246, Senate Bill 1566, the subject site is required to obtain a State Stormwater Management permit for post -construction stormwater. This permit is to be secured prior to installation or construction of impervious surfaces on the site. On January 31, 2008, the Division of Water Quality (DWQ) Stormwater Permitting Unit received an application for a permit for the Dollar General site. Subsequent requests from DWQ for additional information were sent on February 1, 2008, April 14, 2008 and July 21, 2008. To date, all of the requested information has not been received. The DWQ Winston-Salem Regional Office conducted a site visit of the Dollar General in King and observed that the building and parking lot had been constructed. DWQ file review revealed that a State Stormwater Management permit for Post -Construction stormwater has not been issued for the site. As a result of the site inspection and a file review, the following violations are noted: Failure to Obtain State Stormwater Permit according to Session -Law 2006-246, Senate Bill 1566. Required Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should include the following: 1. Explain when the construction started and why proper permits were not obtained. 2. Develop and submit the required information to the DWQ Stormwater Permitting Unit in order for the permit to be issued and a plan to achieve compliance for DWQ approval. a. This plan must include a timetable for compliance including dates. 3. It is imperative that you respond to the DWQ Stormwater Permitting Unit with the required information in order for the permit to be issued. On NhCarolin �Nakra!!ll Wellands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 An Equa! OpportunitylAffirmative Action Employer — 50% Recycledlt 0% Post Consumer Paper Page 2 of 2 Dollar General, King NC Stokes County a. Send the required information to: Robert Patterson, DWQ Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27604, phone (919) 807-6375. 4. Once the permit is issued, you must construct and install the approved stormwater control measures within 120 days of approval. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Robert Patterson at (919) 807-6375 or myself at (919) 807-6378, cc: Sincerely, �44&01 Bradley Bennett Stormwater Permitting Unit Steve Tedder - WSRO SWQ - Surface.Water Supervisor John Hennessy — DWQ NPS-ACO Unit Supervisor Robert Patterson - SW Permitting Unit - File Copy Mike Randall —SW Permitting Unit DWQ Central Files Division of Land Resources - WSRO O�O� Vd A T k:RpG 1 A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 13, 2008 CERTIFIED MAIL N7003 2260 0005 5381 1214 RETURN RECEIPT REQUESTED T.C. James - Manager Colombia Development, LLC P.O. Box 10325 Greensboro, NC 27404 Dear Sirs: Coleen H. Sullins, Director Division of Water Quality CERTIFIED MAIL 97003 2260 0005 5381 1207 RETURN RECEIPT REQUESTED Allen M. BrawIey BrawIey Construction Company P.O. Box 1067 Mooresville, NC 28115 Subject: NOTICE OF VIOLATION NOV-2008-CV-0013 Incident No. 200802076 King, Dollar General Failure to Obtain State Stormwater Permit Stokes County On November 21, 2007, NC Division of Land Resources issued an approval for an erosion and sedimentation control plan for 1.8 acres of land disturbance for the construction of a Dollar General in King, Stokes County, NC. According to North Carolina General Statute I43-214.7 and Session -Law 2006-246, Senate Bill 1566, the subject site is required to obtain a State Stormwater Management permit for post -construction stormwater. This permit is to be secured prior to installation or construction of impervious surfaces on the site. On January 31, 2008, the Division of Water Quality (DWQ) Stormwater Permitting Unit received an application fora permit for the Dollar General site. Subsequent requests from DWQ for additional information were sent on February 1, 2008, April 14, 2008 and July 21, 2008. To date, all of the requested information has, not been received. The DWQ Winston-Salem Regional Office conducted a site visit of the Dollar General in King and observed that the building and parking lot had been constructed. DWQ file review revealed that a State Stormwater Management permit for Post -Construction stormwater has not been issued.for the site. As a result of the site inspection and a file review, the following violations are noted: Failure to Obtain State Stormwater Permit according to Session -Law 2006-246, Senate Bill 1566. Required Response Accordingly, you are.directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should include the following: 1. Explain when the construction started and why proper permits were not obtained. 2. Develop and submit the required information to the DWQ_Stormwater Permitting Unit in order for the permit to be issued and a plan to. achieve compliance for DWQ approval. a. This'plan must include a timetable for compliance including dates. 3. It is imperative that you respond to the DWQ Stormwater Permitting Unit with the required informationin order for the permit to be issued. o t NhCarolin Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Internet h2o.enrstate.nc.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 807-6494 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper Page 2 of 2 Dollar General, King NC Stokes County a. Send the required information to: Robert Patterson, DWQ Stormwater Permitting Unit, 16I7 Mail Service Center, Raleigh, NC 27604, phone (919) 807-6375. 4. Once the permit is issued, you must construct'and install the approved stormwater control measures within 120 days of approval. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. _Should you have any questions regarding these matters, please contact Robert Patterson at (919) 807-6375 or myself at (919) 807-6378. Sincerely, ' Bradley Bennett . Stormwater-Permitting Unit cc: Steve Tedder - WSRO SWQ - Surface Water Supervisor: John Hennessy — DWQ NPS-ACO Unit,Supervtsor - Robert Patterson - SW Permitting.Unii -File-COPY Mike Randall —SW Permitting Unit DWQ Central Files Division of Land Resources - WSRO Compliance Inspection Report Permit: SW4080101 Effective: 09/05/08 Expiration: 09/04/18 Owner: Columbia Development LLC Project: King Dollar General County: Stokes Mountain View Rd Region: Winston-Salem King NC 27021 Contact Person: Jason Layne Title: Phone: 704-663-7738 Directions to Project: Highway 52 North of Winston-Salem to exit 122 (Moore -RJR Drive). Left on Moore -RJR Dr. Go approx. 4 miles and site is on right just before NC 66. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 001 - (Muddy Creek) (03-07-04) ( C) On -Site Representative(s): Related Permits: Inspection Date: 08124/2011 Entry Time: 03:00 PM Primary Inspector: Sue L Homewood Secondary Inspector(s): Reason for inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 03:30 PM Phone: 336-771-4964 Inspection Type: Compliance Evaluation Page: 1 Permit: SW4080101 Owner - Project: Columbia Development LLC Inspection Date: 08/24/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: File Review Yes No NA NE Is the permit active? ■ n n n Signed copy of the Engineer's certification is in the file? ■ n n n Signed copy of the Operation & Maintenance Agreement is in the fife? M n n n Copy of the recorded deed restrictions is in the file? ■ n n n Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ n n n Is the drainage area as per the permit and approved plans? ® n n n Is the BUA (as permitted) graded such that the runoff drains to the system? ■ n n n Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? RODO Are the inlets located per the approved plans? e n n n Are the outlet structures located per the approved plans? ■ n n n Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? n ■ o o Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ n n n ■ upon request? Comment: vegetation is not properly maintained. Water level in pond insufficient. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ■ n n n Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ■ n n n Comment: Page: 2 State Stormwater Permit Permit No.SW4080101 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 T. Cooper James 1 COLUMBIA DEVELOPMENT, LLC Dollar General Mountain View Road, King, Stokes County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and S.L. 2006-246 (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 September 4, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS I . This permit is effective only with respect to the nature and volume of stormwater described in the applicationand 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 43,560 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. 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. This includes the attached recorded deed agreement dated ,tune 25, 2008, between COLUMBIA DEVELOPMENT, LLC and BBID Properties, LLC for the part of the wet pond located on BBID's property. 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 1 of 6 State Stormwater Permit Permit No.5W4080101 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, antes: 2.07 Onsite, ft': 314,176 Offsite, ftz: 0 0 C. d. e. f. h. i. J• k. 1. n. o. Total Impervioys Surfaces, ft2: Buildings ft : RoadslParking, ftZ: Other, ft . Offsite, ft�: Pond, Dept h,.feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation;. FMS�: Permitted- Surface Area @PP ft Permitted Storage Volume, ft�: Storage Elevation, l=MSL: Controlling Orifice: Permanent Pool Volume, ft3.: Forebay Volume, ft3: , Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: 11. SCHEDULE OF COMPLIANCE 43,560 9,147 19,167 0 15,246 (offsite roadway) 3.0 90% 1.0 inch 476.50 4,230 3,908 at temporary pool 477.20 1.0"0 pipe 12,603 2,404 Muddy Creek 1 Yadkin Pee -Dee 12-94-(0.5) . 11c" The stdrmwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be.repaired immediately. 3. The permittee shall at all times. provide the operation and maintenance necessary to assure the, permitted. stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspeciions (every 6 months). b. Sediment removal.- C. Mowing and revegetation of slopes and the vegetated filter, d. immediate repair of eroded areas. e. Maintenance of all slopes In accordance with approved .plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of ❑WQ.- The records will indicate the date, activity, .name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in -accordance with Page 2 of 6 State Stormwater Permit Permit No.5W4080101 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 madification.to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on -the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee 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 moreof 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. Ill. 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 completed Name/Ownership Change form, to the Division of Water Quality, signed by both parties, and accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. 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 Page 3 of 6 State Stormwater Permit Permit No.SW4080101 time as the Division approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permiltee to enforcement action by the Division -of Water Quality, in accordance with Noah Carolina General Statute 143-215.6A to 143-215.6C. 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 Pprmittee 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 DEN 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 to Session Law 2006- 246, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al. 11.The permittee shall notify the Division of -any name; ownership or mailing . address changes at least 30 days prior to making such changes. Permit issued this the 51h day of September 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION or 061eleh H. SdIlins, Director Division of Water -Quality By Authority of the Environmental Management Commission Page'4 of 6 IVGi) MAR 0 G 2.11E€9 i King, Dollar General Stormwater Permit No. SW4080101 Stokes County Designer's Certification State Stormwater Permit / Permit No.SW4080101 1, 6 V1+\ MY ev` ^, as a duly registered etl (At N+-tom F— in the State of North Carolina, raving been authorized to observe (periodically/ weekly/ full time) the construction of the project, P0116'r (-c e.►n�y 1 �Cs"v� �; -- `�fvl�e s C� �.,�-t (Project). for idp v1evttLL- (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL SignatureU. 11,,,,. Registration Number Z S ;:'•v .; t! J -. Date 5 - q c) r� '^1!lII III1,I51Vi Page-5 of 6 State Stormwater Permit Permit No.SW4080101 Certification Requirements: ��. The drainage'area to the system contains approximately the permitted acreage. tf2. 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. r/6. The outlet structure is located per the approved plans. r/4. Trash rack is provided on the outlet/bypass structure. Alt;. All slopes are grassed with permanent vegetation. Vegetated slopes are no.steeper than 3:1. r/ 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. x/12. Required drawdown devices are correctly sized per -the approved.plans. 13. All required design depths are provided. ti%14. All required parts -of the system are provided, such as a vegetated shelf, and a forebay: �5. The required system dimensions are provided per the approved plans. Please submit this Designer's Certification to: Wintson-Salem Regional Office Surface Water Protection 585 Waugghtown Street Winston-Salem, NC 27107 Cc: DWQ Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Page 6of6