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HomeMy WebLinkAboutSW6060601_CURRENT PERMIT_20080902STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPECURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE DOC DATE Q?K_2 YYYYMMDD wAr69Q� CID o .N� Melanie Bowling Ruby Tuesday, Inc. 150 West Church Street Maryville, TN 37801 Michael F. Easley, Governor William G Koss Jr., Secrelary North Carolina Department of Environment and -Natural Resources September 2, 2008 SUBJECT: Stormwater Management Permit SW6060601 Rubv Tuesday Restaurant -Lumberton High Density Development Project Robeson County Dear Ms. Bowling: Coleen H. Sullins, Director Division of Water Quality The Fayetteville Regional Office is in receipt of the Stormwater Permit Name/Ownership Change Form for the Ruby Tuesday Restaurant -Lumberton Stormwater Management Permit SW6060601. We have made the requested change and are forwarding herewith the revised permit. Please be reminded to pay special attention to the Operation and Maintenance requirements of this permit as failure to establish an adequate system for operation and maintenance of the stornnvater management system will result in future compliance problems. If you have any questions, or need assistance in understanding any aspect of your permit; please contact Mike Lawyer at (910) 433-3329. Sincerely, KtocliA, V .r i Belinda S. Benson Regional Supervisor Surface Water Protection Section BSH: ML/nl cc: Jeremy Pettit- Ingenium Design Group, Inc. 1339 Canton Road, Suite D2 Marietta, GA 30066 Robeson County Planning Department FRO -Surface Water Protection Water Quality Central Files NorthCarolin3 'I1711111rallll North Carolina Division of Water Quality 225 Green Street, Suite 714 FayetteN,ille, NC 28301-5043 Phone (910) 433-3300 Customer Service Internet: www.ncwatergualitv.orFax (910) 486-0707 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper 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 Melanie Bowling -Ruby Tuesday, Ac. Ruby Tuesday Restaurant -Lumberton Robeson Counti, FOR THE construction, operation and maintenance of a wet detention basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 2, 2016 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this pennit, the Project Data Sheet. Stoirmwater will be conveyed through a set of stone drains around the perimeter of the parking lot and piped into a wet detention basin designed for 85% TSS removal efficiency and with a 30' vegetated filter. The stormwater controls have been designed to handle the runoff from 2.23 acres with approximately 65,776 square feet, or 67.71 %, of impervious surface. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The detention basin must be operated with a 30' vegetated filter. 5. The runoff from all built -upon areas within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. A permit modification must be submitted and approved prior to the construction of additional built -upon areas. 6. The built -upon area for any future development is not included in this permit. A permit modification must be submitted and approved prior to the construction of additional built -upon areas. -2- DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET-NVET DETENTION BASIN Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Receiving Stream/Index #: Stream Classification: Wet Pond Depth; feet: Permanent Pool Elevation, FMSL: Drainage Area, acres: Total Impervious Surfaces, sq ft: Off -site Area Entering Pond, sq ft: Required Surface Area, sq ft: Provided Surface Area, sq ft: Required Storage Volume, cu ft: Provided Storage Volume, cu ft: Temporary Storage Elevation, FMSL: Controlling Orifice: Required 85% TSS Filter: Ruby Tuesday Restaurant -Lumberton S W6060601 Robeson County Dan Bettis Ruby Tuesday, Inc. 150 West Church Street Maryville, TN 37801 June 7, 2006 Lumber River/14-(7) WS-IV, B; Sw, HQW 3 feet (permanent pool) 117.90 feet 2.23 97,233 None, per engineer 2,691 2,779 5,338 5,884 117.95 feet 1-3/ 16" pipe 30' vegetated filter - 3 - II. SCHEDULE OF COMPLIANCE The stormmwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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 Alan 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 revegetating of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. The facilities shall be constructed as shown on the approved plans. Tills permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 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. Any modifications must be permitted prior to construction. The following items will require a modification to the permit. The Director may determine that other revisions to the project should require a modification to the permit. a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Erosion and Sedimentation Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 9. 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 completion of construction. -4- 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed built -upon area exceeds the permitted amount, a modification to the permit must be submitted and approved prior to construction. 11. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 12. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 13. 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 of 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. 14. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. M. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. 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 of the terns and conditions of this permit until such time as the Director approves the transfer request. 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) that have jurisdiction. 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 permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or tenmination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. - 5 - Permit modification issued this the second day of September 2008. • 1 ' NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW6060601 -6- 1339 Canton Road V Suite D2 Marietta, GA 30066 (770) 437-8850 �p �..�ft. �I2 RECEIVED `- ao AU 221 2008 L? FRO r UVION i Transmittal Date: August 20, 2008 Please Deliver To: Mr. Mike La►vyer DENR Fayetteville Regional Office Fayetteville, NC 28301-5043 From: Erik Houston Project Number: 05864 Re: Ruby Tuesday — Lumberton NC We are sending you the following: DWQ Date No. Description 8/20/2008 2 Comment Res onse Letters (Ruby Tuesday and Civil 8/20/2008 1 Engineering Certification 8/2012008 1 Signed Change of Contact Form 8/20/2008 1 Engineer's Checklist Mr. Lawyer: Per your request we are forwarding you a package of documents in response to your July 241h, 2008 letter regarding the compliance evaluation of the Ruby Tuesday Restaurant in Lumberton, NC Please contact us with any question or comments. Best wishes, Erik Houston 8/18/2008 Mr. Michael Lawyer Environmental Specialist Division of Water Quality North Carolina. Department of Environment and Natural Resources Mr. Lawyer: I am in receipt of your letter of July 22 regarding our non -compliant status at the Ruby Tuesday restaurant located on .5`" Street in Lumberton, NC. As you are aware, we are working in conjunction -47th our civil engineers at Ingenium to provide the necessary information and plan the appropriate actions to bring the site into proper compliance. With regard to a formal Ruby Tuesday, Inc. response to your letter, please accept this letter as authorization for Ingenium Design Group, Inc. to act as our representative in this matter. Mr. Jeremy Pettit will be providing documentation and outlining corrective site work to resolve compliance issues. If you need additional information, feel free to contact me or Melanie Bowling at (865) 379-5700. Thank you. Construction Director Ruby Tuesday, Inc. cc: 'Jeremy Pettit Ingenium Design Group, Inc. 150 West Church Avenue - Maryville, Tennessee - 37801- 865-379-5700 ION01:1N 334 Canton Road, Suite D2 Marietta, GA 30066 770.437.8850 404.745.0238 fax August 15, 2008 Mr. Mike Lawyer DENR Fayetteville Regional Office Fayetteville, NC 28301-5043 Re: Compliance Evaluation Inspection State Stormwater Management Permit SW6060601 Ruby Tuesday Restaurant — Lumberton, NC Dear Mr. Lawyer: On July 24s', 2008 you forwarded to us a copy of the compliance evaluation inspection, the designer's certification document, and the change in ownership form for the Ruby Tuesday Restaurant located in Lumberton, NC. Please let this letter serve as a reply to the comments outlined in the previously mentioned documents. The reply to each comment will be done in the order they are. presented in the above stated documents: Project was approved as High Density with a permanent wet detention basin fnr stormwater treatment. Upon review of the site along with the approved plans, it was noticed that an. additional storm drain has been installed at the parking area near the entrance. The pipe in question was shown on the original design plans dated 7/21/06 and no deviation from the original design has been made. The purpose of the pipe is to divert offsite water in order for said flow to bypass the proposed water quality and detention facility. Also, it was noted that there has been a slight reconfiguration of the storm sewer system that conveys.flow in to the BMP. This types ofchanges should have been addressed in the Designer Certification as minor deviation form the approved plans, however, a certification could not be found during the file review. A request has been made of' the .engineer to provide such documentation. The original design specified a retaining wall to be placed between the pond and the parking lot. During construction, it was determined, however, that the soils were unsuitable to support the wall. The wall would be replaced by a slope, which in turn caused the proposed parking lot to shift east and additionally would require minor modification to the proposed storm drain system. Please see the attached revised Grading and Drainage Plan dated 4/23/07. The wet detention basin is lacking a defined forebay as required and is in need of vegetation maintenance. 05864- Ruby Tuesday - Lumberton, NC - Comment Response. Per the approved Design Plans and associated Hydrology Study, both dated July 30, 2006, a defined forebay was to be provided. The volume of said forebay should have yielded 1,177 CF of storage. Ingenium Design Group will bring the forebay deficiencies to the attention of the owner, who will hire a contractor to install the required forebay in the pond. Also, the owner will provide for adequate maintenance for the pond. At the time of inspection there was a large concrete block present in the basin near the outlet structure and should be removed. Ingenium Design Group will bring the issue to the attention of the owner, who will remove the concrete block. The slopes appear to be steeper than the required 3:1. During construction, as noted above, the originally designed concrete wall was to be replaced by a slope. Ingenium Design Group had instructed the contractor to keep the slope at 3 A in within the pond and its associated ponding elevation. A steeper slope may have been required above the ponding elevation in order to tie to grade as the wall was no longer an option. Based on the approved plans, a perforated pipe enters the outlet structure near the bottom, which would not allows for a permanent pool of at least three feet. This item was an oversight during the application review and may be addressed with the .submittal of review plans and specifications along with the Designers Certification. As noted in the comment, this item was an oversight by NCDENR during the review phase. We ask that you contact us so we can coordinate to produce the best possible solution in order to meet the permanent pool requirement. Please find the filled out Designer Certification Form and the Ownership Change Form. Thank You J em M. Pettit Ingenium Design Group, Inc. ��s Ruby Tuesday Restaurant -.Lumberton Stotmwater Permit No. SW6060601 Robeson County Designer's Certification Form James D. Neff ' Engineer I, , as a duly registered in the State of North Carolina, having bp=j authorized to observe (periodically/weekly/full time) the Construction of the proje4 Ruby Tuesday Restaurant, Lumberton North Carolina (Proj Oct) far Ruby Tuesday, Inc. (Project Owner) hereby state that, to the best of my dbilities, 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 iterns on page 2 of this form is a part of this Certification. Noted deviations from spproved plans and specifications: The original design specified a retaining wall to be -placed between the pond and parking lot. During construction, it was determined, that: the soils were unsuitable to support the wall. The wall was replaced by a slope, which in turn caused the proposed parking lot to shift to the east and additionally required a minor modification to the proposed storm kainage system. SEAL Signature Registrab u ber 023149 Date August 2008 `�X CARO�� = SEAL t t 0213149 = s=.` -1- Certification Requirements: x 1. The drainage area to the system contains approximately the permitted acreage. x 2. The drainage area to the system contains no more than the permitted amount of built - upon area. x 3. All the built-upoli area associated with the',projedt is graded such that the runoff drains to the system. x 4. All roof drains are located such that the runoff is directed into the system. x 5. The outlet/bypass structure elevation is per the approved plan. x _6. The outlet structure is located per the approved plans. wW__ _7. Trash rack is provided on the outlet/bypass structure. S. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. x 10. The inlet is located per the approved plans and does not cawse short-circuiting of the systern. x 11. Tlae permitted amount of surface area andior volume has been provided. x 12. -Required drawdown device is correctly sized per the approved plans. x 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a .focebay, and the vegetated filter. x 15. The required dimensions of the system are provided, per the approved plan. = Difficult to make clear assessment based on the current information provided to Ingenium Design Group. Ingenium Design Group will forward update once clear information is provided. -2- A r d�. /y Michncl F� allcy, Governor William G, Ras Jr., $cm.iry 1 M.,..;a -i North a Department of FXvimnmcnt Find Nraurd RcSMirCCS Q-..-..��-.` ' � Colccn H. Sallias Dirrzrnr Division cf WatcrQuality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM [. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW 6060601 2. Permit Holder's Name: Ruby Tuesday, Inc. 3. Signing official's Name: Dan Bettis Title: Regional Director of Construction Iw w.. Iw nlh, wY.lw fnr nwr�:lh 4, Mailing Address: 150 West ChurchAvenue City: Maryville State: TN Zip: 37801 Ptlone: } (865) 379-5778 Fax. ( ) (865) 379-6814 II, NEW OWNER / PROJECT I ADDRESS INFORMATION: t . This request is for: (please check all that apply) x - '_a. Change in ownership of the property/company (Please complete Items #2, #3, and ##4 below) b. Name change of project (Please complete Item #5 below) c. Mailing address change. (Please complete Item #4 below) d. Other (please explain), — - -- 2. New owner's name to be put on permit: Ruby Tuesday, Inc. 3. New owner's signing official's name and title: Melanie Bowling Title; Director of Entitlement 4. New Mailing Address: City: Maryville 150 West Church Avenue Phone: ( ) (865) 379-5700 5. New Project Name to be placed on permit: Ownership/Narno Ch2ngo•080808 page 1 of 3 State: TN Zip: 37801 Fax: ( ) (865) 379-6814 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL, REQUIRED ITEMS: 1. This. completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMiTTEE'S CERTIFICATION, Current Permittea's Certification: Dan Bettis I, , attest that this application for a name/ownership change has been rev wed and is accurate and complete to the best of my knowledge. 1 understand that if all a aired parts of this application are not completed and that it all required supporting inform on nd attachments are not included, this application package will be returned as incom lete. s n Signature. Date: l� D New Applica is Gert4- 1 ation: (Mull bo mmplawd for all lransfwA of ownersNp) I Melanie Bo 'ng , attest that this application for an ownership change has been reviewed and is accurate and complete -to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are'not included, this application package will be returned as nature: ;�mplete, Si .0 s �'`' Date: 9 . Mail the entire package to: NGDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the fallowing page) Ownorshldhlame Change-060608 Page 2 of 3 A LT ? WA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE. Land Quality Section Michael F. Easley,.Govemor Director and State Geologist William G. Ross Jr., Secretary August 3, 2006 LETTER OF APPROVAL Ruby Tuesday, Inc. Attn: Dan Bettis 150 West Church Ave. ' Maryville, TN 37801- RE: Project Name: 05864 - Ruby Tuesday Lumberton, NC Acres Approved: 2.52 Project ID: Robes-2006-031 County: Robeson Lumberton Hwy 72 (West 5th Street River Basin: Lumber Stream Classification: Other Submitted By: Edwards & Neff Engineering Date Received by LQS: 7/25/2006 Plan Type: Revised Dear Dan Bettis: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate 'of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken.-4s is -required by Title I SA NCAC 4B .0129. Title 15A NCAC 4B _0118(a).requires that a copy of the approved erosion control plan'be on file at -the job site.:°Also, this letter gives the notice required.by G.S. 113A-61.1(a) of our right. of periodic inspection to insure compliance mith:the approved plan. . North Carolina's Sedimentation Pollution Control: Act. is performance-oriented,�requiring protection of.'existing natural.resources and adjoining properties: ' If; following the commencement "of this project, ithe erosion and sedimentation' control plan is inadequate to meet the requirements of the Sedimentation Pollution, Control Act of 1973 (North'Carolina General'.-_ Statute I I3A-51 through 66), this office may require revisions to 7the plan and implementation of the revisions to insure compliance with the,Act: , . . . . Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301 - Phone: 910433-33001 FAX; 910486-0707 0 Letter of Approval Ruby Tuesday, Ind +i August 3, 2006 Page 2 of 2 Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and.rules.. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify.us if you plan to have a preconstruction conference. Your cooperation is appreciated, Sincerely, Jodi Pace, EI Land Quality Section Enclosures: Certificate of Approval NPDES Permit cc: Edwards. &: Neff•Engineering .Jeff Britt, Building. Inspector .:. Belinda Henson, Division of Water -Quality Land Quality Section -Regional Office File May 26, 2006:. The Sedimentation -Control Commission approved a motion at the'May 18, 2006 meeting to allow the use:of both.the:old and new practice standards and specification& through the end of 2006. The new practice standards and specifications must be used:on. , plans submitted on or after January 1, 2007. This will allow time for distribution to design professionals and presentation of.the,revisions at the fall.. workshops:. Arrangements are -being made to 1mail revision packetsao all: locaU programs" and -regional offices. Following that -packets:will be mailed to owners of existing manuals�.!Complete:new., manuals,will be available. for.'sale` in about- 3 weeks These revisions -are also available on the-DENR website at: ,' www.dlr.enr.state.ne.us/pages/manualsandvideos:htmi of W A rF9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources o�c August 4, 2006 Dan Bettis Ruby Tuesday, Inc. 150 West Church Ave. Maryville, TN 37801 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: Rob6-2006-031 Ruby Tuesday Lumberton, NC Robeson County Dear Mr. Bettis: Alan W. Klimek, P.E., Director Division of Water Quality Recently you were sent a letter from the Division of Land Resources (DLR) regarding approval of your Sedimentation and Erosion Control Plan for the subject development project. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you de urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and 11 of the permit. Parts I and I1 set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part 1, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on -site and made available to Division of Water Quality representatives upon request and/or during upcoming inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). - The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. o ` NhCarolina Aalurally North Carolina Division of Water Quality 225 Green Street — Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-3300 Customer Service InlemeC www,ncwalerquality.org FIX (910) 486-0707 1-877.623-6748 An Equal Qpportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper S Dan Bettis Page 2 August 4, 2006 This letter is also meant to advise you that should you fail to comply with the terms and conditions of the permit you could be subject to enforcement as called for in Section 143-215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation per day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit, that you contact this Office. immediately. As mentioned previously, the purpose of this letter is' to advise you of the importance of the NPDES General Stormwater Permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the permit and contact Mr. Michael Lawyer or Mr. Chad Turlington of this Office at (910) 433-3300 if you have any questions or need clarification. Sincerely, Belinda Henson Regional Supervisor Surface Water Protection Section BH/bsm Robeson County Stormwater Files DWQ Central Files Dace Received Fee Pald I Permit Number a z3 I sw�a�a('0o r State of Nordi Carolina Depart.m. ent of Environment and Natural ReSdurcES ����i��n Division of Water Quality 1 U STORMWATER MANAGEMENT PERMIT APPLICATIO. FORM�uN 2OO6 This form mp'), be photocopied for use as an or cinal pH+� - F A` f E � E� l ll l� � EGl4W�L 4f R CE I. GENERAL INFORMATION 1, Applicants name (specify the name of the corporation. individual, etc. who owns the projod): Dan Bettis, Ruby Tuesday, Inc. 2, P, int Owner/Signing Cfflrlal .s name and tltle (person legally rnsponsible for facility and compliance): Dan Bettis, t?uhy Tuesday, Inc. 1 Mailing Addn,, s Fnr ppr on listed in ftern 2. �buve: 150 West Church Street City: Maryville 5tatZip: 37801 �'elephonc Number: L._865 �� 37cJ-577& 1. Project Name (s:tbdiuisiott, facility, or establishment name - Should be Consistent, with prOjeCt name on plans, specifications, loiters, operation and maintenance agreements, etc.): Ruby Tuesday, Inc. - t-umbertan, NC 5. Locatlr)n of Projecc (strcet address): West 5th Street (Hwy 72) @ 1-95 (adjacent to the McDonalds Restaurant at 2900 West 5th Street) Cloy', Lumberion County: Robeson -- G. Di.rertians to project (from nearest molar intrrsoo ion): 1f going south on 1-95, take exit 17 and then go east on West 5th Street (Hwy 72). Go approximatly 0.3 7 miles and property is on the left, adjacent to the Mcdonalds at 2900 West 5th Street '14.62511 -79.04974 4,atitude: � ... _....._..._. I"nngiharle:-- S. Contact, person who can answer questions about the projerr: Name; Shelby Rogers Telephone Number; ( 706 II, PERMIT INFOPMA11ON: 1 Specify 4vhe1h[�r project Is {check one): \ New Renevvat Fonn SWU-1RI Vcrsinn7.99 Page I of of project 529-6000 x 203 Mod lficatfon I 2. Ir this application is being Submitted s the renewal cr modification to an existing perni4t. list the existing permit number 0I _ and its Issuc date {if known)-_­ 3. Specify the type of project (check one): Low I)En5lty }_High Density —Redevelop ___General Permit ...ONr 4, Additional Project Requirements applicable blanks): ._­_CAMA Major X Sedimentation/Erosion Control __­404/401 Permit. X—NPDES SEor'rr.w-,it(-r Information on required state permirs can be obtained by contacting the Customer Service Center a 1-877-623.6748 III. PROJECT INFORMATION 1. in the space provided bclDw, eummarl;re ho%y storrnwater will I)<? treated, Also attach a detailed narrativc (one to two pige5) de -scribing stot­mvmter runuagement for the project, In the developed condition, the disturbed area is approximateE�' 52 acres (1.47 acres of which is impervious _� an parking a parking lot and a RubyTuesday Buildinq),,Sror�mvt, water is directed to 2 arisite inlets where the storm water Is captured by a proposed pipe .5yste-m and is routed to the onOe detention pond. 2. Siormwater runoff from tl ofc Wr-ain- to the 3. Total Project Arco: 2,12 acres S. I-Totv marry drainage areas does the project have? Lumber River River basin, 4. Project Built Upon Arca� 70 6. Complete the following ;iblormation for each drainage area. V there are more than two drainage are". In the PMJCrf., riTtIch an idditionaI sheet with the information for each area provided In the saute format as below. r.ZW6 4 11�" I Receiving Stream biome Lumber River N/A Receiving Stream Class water Supply AB S'V ffoLwl N/A Dralrra.ge Area 63,091 SF (1,47 Acres) N/A ExIsUng impervious` Area 31.277 6F (0.72 Acres) N/A Proposed Impervious - Area 63,991 SF (1 -47 Acres) NIA % Irripm,10LIs' Area (total) 70% N/A 'ev, - W fir "I g T. 'A 'e�IT2�L jg.,S�S" RV On--nit.e- Buildings 5084 SF NIA On -site Streets NIA N/A On -site Parking 55,760-85 N/A 0-1--site Sldc"'21Ls & Dempster 3125.15 NIA OfJior ors -site NIA NIA NIA NIA Total: 63,991 SF (1-47 Acres) Total Tmpr.­viorjs;3rPP is defined as the built upon area Inc?udIng, but not linifted to, buildings. roads. pvklng areas. ,1;;d6.LVaJk5, gravel areas, etc. FOM" S�VU- 10 1 �-amion 199 P;IEC 2 of ", 96 bi / OG/2006 11 : 4j bon D 0 uoc-40 - --. 7. Ho•s.� +ti,3rt the off -site tmpErvious area iisterl above dUsing Auto Cad and drawing Poly-lineserived? around the impervious areas to determine the s uare fontagg(ar.ras) IV. DEED RESTRICTIONS AND PROTF,CTIVE COVENANTS The following italicized deed restrictions and protective covenanuc are required to be recorded for all subdivisions, outpArcels and future devclopment, prior to the sale of any lot, Mot sizes van+ significantly, a table ilsdng each Irst number, size and Chc all.pwable built -upon area for each lot must be pravidecl as an attachment, I. The (nlinu,ing covenants are intenJcd to ensure ongoing compliance st•fth state storm Imter man agemcnnF permit number Rs Issued by the Division of Water Quality. These covenants mny not be changed or dehfod without the consent of the State. 2. No more than. square feet of any fat shall be rovemd by structures nr impervious materials. ImpervJons materials include asphalt, gravel, roncrere, brlc.k, stone, slate or similar materlal but do not include wood dmking or the �•vatersurfacc of.su,lrtroing pools. 3, swafes shall not he filled in, piped, or altered except as necessary Ja pravide, drivrtray crossings, 4. Built -Upon area in P)rress of the permitted amount rrquires a state storrnwater management permir modiBradon prior to construcUnn. 5. AIlpermitted runoff from otarparcels iyr future development shall be directed into the permitted stonnwnter control system. 712rse connections to the.stormwater control system shall be performed Ina manner that .maintains the integrity and performance of the system as permitted. By your stgnature below, you certify that the recorded deed -restrictions and protecilve covenants for this project shall 1nrlur3e alt the applicable items required above, that the covenants will be binding on all parties and p,:r;ons cla.irnir:g under them, that thev will run with the lanrl, that thcrequired covenantz cannot be changed or de)eted without concLirrence from the State. and that they will be recorded prior to tho sale of any lot. V. SUPPLEIMENT FORMS The applicable state stornawater management permit supplement forms) ltsted below must be subm!tted for each BMP spect(teel for this project_ Contact the Storrnwater and General Perrnitn Unit at (919) 733-5033 rnr flip status availability of these forms. rand '/ rorm SWU-102 ( Wet Detention Basin Supplement. ro'-MSWLI-103 Tn_Flil ation asin uppemen. formSWU-104 LmvDensity Supplcrnent FormSWLI-I05 CLtrb Outlet Syscam Supplement Farm SWU-106 Off -Site System Supplement Form SWU-i07 Undergzourrd infiltration Tvmch Supplement Form SWU-108 Neuse River Basin Supplement corm SWU-109 lnnovative i3n_ct Management Practice Supplement Fonn SWU-101 'Jersion 3-99 Page 3 or4 VI. SUBMITTAL RF,QUTRE%4ENTS 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 he submitted to the appropriate DWQ Reglonal Office, Please indicate thatyou have provided the following required inforrnatlon by initialing in thc Space provided next to each Stem. �ra��¢als ' Original end one copy of the Starmwater Management Permit Application Form • One copy oFthe applicable Supplement Fonn(s) for each D M P .� • Permit application processing fee of $420 (payable to NCIDENR} • f.7etailed narrative desrrl.pcion oFStormwater treatment/management „__ • Two copies of plans and specifications, including: Deveiopmerit/Project name Gngirieer and firm - r,.egend North arrow - Scale Revision number date Mean high water fine )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 feature9, collect.lon systems, and stormwater control measures Wetlands delineated, Ora note on plans that none exist - 1:xi5ting drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated Vegetated buffers (where required) VIL AGENT AUTHORIZATION if you v,rtsh ro deaignate authority to another lndiviclual or rim) so that they may provide information on your behalf, please complete this section. Designated agent (individual or rrm)_James D. Neff Engineer Maffing Acldre.ss:237 North Hamilton Street City,. Dalton - - -- _ crate: GA 7ip:30720 -. Pl}one, r 706 529-5000 ------ Fax: (706-,......_..), 529-501 1. . VIII. APPLICANT'S CERTIFICATION Dan Bettis 1, (print or type name of person 11sted in Gmerai Iv'rormation, Item Z) certtfy that the Info , ation included on this permit application form is, to the best: of my knowledge, correct and that the projerr, -.v constructed In conformance with vbe approved plans, that the required deed restr'ictjona and protective c on nm will be recorded, and that the proposed project compiles with the reguirernents of 15A NCAC 2H .10D 5 '111 _kP=f—Lkg6"t tv� 4 Date: �..---�--- 'ram-.� Fo-m SWU-101 4'erston 3.39 Paec % of 4 `7 bbfbu'1'd kI1 U�'JtLU fVl�l`II r uG v��1t L Eh1t35: �L��E 11: G- b�.,7 Permit Na, (to be. provided by D PPQ) State of North. Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMWT ,APPLICATION FORM WET DETENTION BASIN SUPPLEMENT 77715 form rrxay bephnforopfed fnr u.se as an original DWO Stornnwater -Mann ement Plan Review: A complete stonnwater management plan submittal includes an application Form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet st-mr,wre details. i- PRO.TI<,CT iNfiORNMATION Project Name_ 058,34 - Ruby Tuesday - Lumberton, NC Contact Person: Mr. Jeremy Pettit Phone Numb= ( 706 ) 529-5000 x 201_ For projects with multiple basins., specify which basin this worksheet applies to: N/A elevations Basin Bottom Elevation 115,00 ft (floor of the basin) Penna.nent Pool Elevation 117-21 It. (elevation of the orifice) Temporary Pool Elevation 118.35 ft, (elevation of the discharge structure overflov) areas Permanent Pool Surface Area 3050 _ sq. ft. (warer surface area at the orifice elevation) Drainage urea 2.52 ac, (on -site and off -site drainage to rite basin) Impervious Area 1.78 ac. (on -site and off -sire drainage to the basin) volumes Permmanent Pool Volumc 4434 cu. ft: (combined volume of main basin and,lorebay) Temporary Pool Vol.urnc 3951 cu, ft. (volume detained above the permanent pool) Forebay Volume 1781 cu. ft. (approximately 20% of total volume) Other parainerers SA/DA.1 2.77 _ (surface area to drainage area ratio from DIY(table) Diameter of OriFce 1 - 118" in, (2 to S day temporary pool draw -down required) Design Rainfall 1 in. Design TSS Removat 2 85 % (mininium 85% regztired) Form SWU-102 R-.v 3.99 Pace 1 of 4 -7 t1b Nb11Nbb 11:4J S653 !96c128 R 1"1 DEVELDFP IENT RAGE 10112 Footnotes: 1 Vtiltcn using the Division 5/vDA tables. the correct 5A1DA ratio for petnnnent pool sizing should be cmnputed based upon the actual imperious'/u and permanent pool depth. Linear interpolation should be employed to determine tho correct value for non- standard table ent�ias. [it the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BlvlP mfumal prnvidr t design tables for both 45% TSS removal and 90% TSS reronvrl. TI. REQUIRED TYEMS CHECKLIST The following checklist outlines design requirements per the Stotatrwater Best IVlanageMent Practices Manual (N.C. Departtnent of Environment, Wealth and Natural Resources, February 1999) and Ad,,-nM1strative Code Section; 15 A NCAC 214.1004_ Initial in the space provided to indicate the following design requirements have, been met and suppoaing documentation is attached. If the applicant has designated an agent in the Storrn%vater Management Permit Application Form, 'the igent may initial below, If n requirement has not been nAct, attach justlfieadon. AAA a. The permanent pool depth is bcnk ccVand 6 feet (required mirumitm of� et). b. The forcbay volume is approximatcly equal to 20% of the basin volume. c. The tcrrtporwy pool controls runoff frorn the dcSign storm event. d. The temporary pool draws down .in 2 to 5 days. e. If required, a 30-foot vegetative Inter is provided at the outlet (include non-cr05iV[e tlow calculations) The basin length to width ralio i.s greater. titan. 3:1. Z: i The basin side slopes above the pemiarrent pool are a)o steeper d3arr\ ... A submerged and vegetated perimeter shelf with a slope of 6:1 or less'(.§how detail), Vegetative cover above the permanent pool elevshon is specified. A trash rack or similar device is provided for bath the overflow and orirce, A rccQrded drainage easement is provided for each basin including access to nearest riglit- of-way. 1. if the basin is used for sedinient and erosion control dilring constntction, clean Out of the basin is specified prior to use as a wet detention basin. _T m. A mechanism is specified which will drain the hmin for maintenance or an Mergency. M. 'R TT DETENTION BASIN OPERATION AND MA NTTENNNCTT� AGREEMENT The ,vet detention basiti system is defined as the wct dctcntinn i)asin, prctreat?nEnt including fo.rebiys and ttte ve.getatcd fi.ltcr if rile is provided. This system (cheek orte) 0 does 9�""does not incorporate a vegcatcd Ater at the outlet. This systertt (check or:e) 0 does y40cs not incorporate .pretreatment other tlig7t a forehay. Form SWU-i/22 PtvA.DO page 2 of e- N1Y llt)'Ubi'�6Ub 11:4J 6b`5!�+'yb''d2d H I 1 ULVELUF' ILN I HA-UE l l i l''2 Maintcnancc activities shall be performed as foll vEvs: 1. Aftcr every significant runoff producing rainfall event and at feast monthly: a. Inspect the wet detention basin system for sediment accumulation.. erosion, trash accumulation, vegetated cover, and general condition. b. Check ao,d cleat the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed, 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximrun height of six inches, rmd remove trash as needed. 3. Inspect and repair the collection syst'cm (i_e_ catch basins, piping, swales, r.iprap, etc,} quarterly to maintain proper functioning. 4. Remove accumulated scdimcnt ftom the wet detention basin system sctni-annually or when dcptb is reduced to 75% of the original design depth (see diagrarn below), Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, ctc_)_ The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated scdi.rnertts. When the permanent pool depth reads 1115,55 feet in the .main pond, die sediment shall be removed, �Vhen the permanent pool depth reads 115,98 fcct in the fombay, the sediment shall be rcmoved. BASIN DIAGRAM (rill in the hlanke) Permanent Pool Elevation 117.21 sediment Rc oral El. _� b.98 75 0 - -- --- _--_- -_ SedimcntRcmovallvv�fion 115_55 i5"/� T3nttnrn Mr, _t 15.57 %------------------------------------------------ ^ ---- Bottom Elevation 115,00 ..5% rORi EEAY MAIN POND S, Remove cattails and other indigenous wetland plants when they covcr 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and fombay berm. 6. If the basin must be drained for un emergency or to perform maintenance, the flushing of sediment through the emergency drain steal I be minimized to the maximum extent practical. FOrin SWU-102 l;cv 3,99 PaCc 3 cf 4 L� `06/0612UG 11:43 8653796828 R 1 1 f)EVELUHPIEN 1 7. All components of the Diet detention basin system shall be maintained in good working order. I acknowlcdgc and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of a -ay problems with the system oar prior to tiny changes to the system or responsible party. Print name: Mr. Dan Bettis Title: K61 n� e— r0 V46n 0'�-- o'i- C-�j fL�t Address. 150 w s Church Street Maryville, TN 37801 Phone: 86 Signature:_ n-.o, Ca .Note; The Icgally rcyponsible party should not be a.homeo�vner` s association u�l� essmore than S residLnt of the .subdivision hag bccn•na d the presidcnt. a Notary Public for the Mate of County of� , do hereby ecrtify that of the lots have been cold and a personally appeared befcre nie this day of , and acknowledge the execution of the forgoing Nyet detention basin maintenance requirements. l4Ty corrunission exp Form SWU-l02 Rev 3.99 PnGc 4 of 4 Witness my hand and official se, Narrative The site is currently undeveloped with a few existing concrete foundation pads and an Asphalt driveway. There is approximately l acre of offsite run on stormwater from the road entering the site at the southeastern driveway that connects the site to Highway 72 (West 5`h Street). The offsite run on water will bypass the site detention and continue in the pre -developed flow path. The majority of the onsite stormwater flows to a series of flumes in the northwestern portion of the site, adjacent to I-95. Please see the existing drainage area map (DA2) In the developed condition, the amount of disturbed area will be approximately 2.52 acres with a building, paved parking, and landscaped areas. The majority of the onsite stormwater will be collected in a series of lunies, which will flow to a proposed detention pond in the northwestern portion of the site. RECEIVED JUN 4 Z �446 ��� _ F A`��llE REG191�+L OF�GE Im ..... ..... DEVE.1 OFEil) BASIN MM' I `.`,sit' '. ti\\ REVISION5 BY DATE NO. REV15I0N5 I B I DATE DATE: 06/01 SCALE: ENE PROJECT 9: 105M4 FILE NAME; I 0-8MCASEDWG DRAiIN BY/CHECKED BY: mis INTO DETENTION (POND VI) A = 1.36 ACRES C. 0.68 B� PASS DETFNTION A 16 ACRES c 0.68 TOTAL A = 2.52 ACRES C 0.7q DEVELOPED DA PLAN Edwards & Neff Perime-Ler ?lace 3usiness Park DA2 -T 3990 Flowers Rood, Suite 550 Ailcinto, Georgic 30360 Phone (67E) P-05-5000