Loading...
HomeMy WebLinkAboutSW8120602_Current Permit_20120727MA 4 WDERt North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 27, 2012 George Venters, Member/Manager Vanguard Ventures, LLC 3900 Merton Drive, Suite 210 Raleigh, NC 27609 Division of Water Quality Charles Wakild, P. E. Director Subject: Stormwater Management Permit No. SW8120602 Carquest on Market Project served by an Offsite System New Hanover County Dear Mr. Venters: The Wilmington Regional Office of the Division of Water Quality received a complete Stormwater Management Permit Application for Carquest on Market on July 24, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8120602, dated July 27, 2012, for the construction of the built -upon areas and the runoff conveyance / collection system associated with the subject project. Dee Freeman Secretary This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the operation and maintenance of the runoff conveyance / collection system on the lot, the maximum built -upon area limits, and the procedures for changes of ownership and transferring the permit. Failure to establish an adequate system for operation and maintenance of the runoff conveyance / collection system, to limit the built - upon area, or to transfer the permit in a timely manner, will result in future compliance problems. This project doesn't include all of Lot 1 because the front portion of the tract was developed prior to 1988 and the access drive through Lot 1 was added later under the master permit, SW8 000647. That access drive is covered by this permit, SW8120602. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson at (910) 796-7215. Sindrely, For hales n akild, P.E., Director Division of Water Quality GDS/kpj: S:IWQS1StormwaterlPermits & Projects120121120602 Offsite12012 07 Permit 120602 cc: Phil Tripp, PE (SW8 000647 & SW8120602 consultant) Inspector, New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Jon T. Vincent, President, Carmar Park Association (SW8 000647 permittee) Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910350-20041 DENR Assistance:1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina Naturdi&Y An Fniml r1nnnrtnn1tv1 Af mnfiva Antinn FMnInvPr State Stormwater Management Systems Permit Number SW8120602 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE PERMITTED STORMWATER BMP 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 Vanguard Ventures, LLC Carquest on Market 5832 Market Street, Wilmington, New Hanover County FOR THE construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility, in compliance with the provisions of SL 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively referred to as the "stormwater rulesl and the approved stormwater management plans, application, supplement, 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. The stormwater runoff from the site will be routed to the wet pond operated and maintained by Carmar Park Association under the terms and conditions set forth in the latest version of Permit No. SW8 000647. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS The runoff associated with this project has been approved to be discharged into a stormwater management system permitted under the latest version of SW8 000647. 2. The built -upon area allocated to this development by Stormwater Management Permit No. SW8 000647 is 10,168 square feet. This project proposes 10,168 square feet which includes 2,686 square feet of future impervious area allocation. 3. All stormwater conveyance and collection systems must be located in dedicated common areas or recorded easements. The final plats for the project will be recorded showing all required public rights -of -way, common areas and easements, in accordance with the approved plans. 4. The runoff from the permitted built -upon area of this project must be collected and conveyed to the permitted offsite stormwater BMP. II. SCHEDULE OF COMPLIANCE 1. This permit is issued contingent on the construction of the permitted offsite stormwater BMP being complete and in compliance with the conditions of permit number SW8 000647, issued to Carmar Park Association on July 27, 2012, as subsequently revised, modified, or renewed. Prior to the construction of any built -upon area associated with this permit, the offsite permittee shall have constructed, operated, maintained, and certified the offsite stormwater management system in compliance with SW8 000647. Page 2 of 5 State Stormwater Management Systems Permit Number SW8120602 2. The permittee shall construct and maintain the proposed stormwater runoff conveyance and collection system and the built -upon areas to the dimensions, elevations and grades as shown on the approved plans. 3. This lot is limited to the amount of built -upon area specified in Section 1.2 of this permit, and as reported on the application, the supporting calculations and as shown on the approved plans. The project must maintain a built - upon area less than or equal to the amount permitted under Stormwater Permit No. SW8 000647. A total built -upon area in excess of the maximum allowed amount will require a modification to SW8 000647 prior to construction. 4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. After construction the permittee shall maintain the grassed areas, slopes and vegetated runoff conveyances on the lot in a densely vegetated state. The permittee is responsible for keeping the stormwater collection system within the lot property boundaries clear of trash, debris and sediment, and must control the sediment on the lot in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. The permittee shall follow the minimum maintenance procedures and intervals for the lot's built -upon areas and its stormwater collection / conveyance system as indicated in the Operation and Maintenance agreement. 6. The permittee shall maintain and repair or replace any of the components of the lot's stormwater collection and conveyance system such that the lot's runoff is captured and adequately conveyed to the BMP. 7. Upon completion of the permitted construction on this lot, and prior to occupancy of the facility, the permittee shall submit to the Division the completed Designer's Certification accompanied by an as -built survey of the projects built -upon areas and stormwater collection / conveyance system. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign of or addition to the maximum approved amount of built -upon area. C. Further development, subdivision, acquisition or sale of any, all or part of the project area covered by this permit. d. The construction of built -upon area within any future development area noted on the approved plan. e. Alteration of any component of the approved stormwater conveyance/collection system shown on the approved plan. 9. The Director may determine that other revisions to the project should require a modification to the permit. 10. This permit shall become void unless the storrr,water collection system and built -upon areas of the lot are constructed and maintained in accordance with the conditions of this permit and per the supporting documents that are enforceable parts of this permit. 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is effective only with respect to the nature and volume of stormwater described in the application, supplement, and other supporting data. Any other activities undertaken at this site prior to receipt of the necessary permits or approvals to do so from any local, state or federal government agency having jurisdiction, are considered violations of NCGS 143-215.1, and subject to the enforcement procedures pursuant to NCGS 143- 215.6. Page 3 of 5 State Stormwater Management Systems Permit Number SW8120602 2. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Water Quality at least 60 days prior to any one or more of the following events: a. Further subdivision, sale or conveyance of this lot. The project must be in compliance with the permit, as deter, by a DWQ inspection. b. Bankruptcy or foreclosure; c. Dissolution of the corporate entity or partnership; d. A name change of the permittee; e. A name change of the project; f. A mailing address change of the permittee; 3. The approval of a permit transfer request will be considered on its merits and may or may not be approved. 4. The permittee is responsible for compliance with all terms and conditions of this permit until such time as the Director approves the permit transfer. Neither the sale of the project nor the conveyance'of common area to a third party shall be considered as an approved transfer of the permit. 5. Any person or entity found to be in noncompliance with the terms and conditions of this stormwater management permit or the stormwater rules is subject to enforcement procedures in accordance with North Carolina General Statute 143 Article 21. 6. The permittee grants permission for DENR Staff to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 7. 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 termination does not stay any permit condition. 8. Approved plans, application, supplement forms, calculations and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, the approved plans and supporting documents shall be maintained on file by the Permittee for the life of the project. 9. None of the development activities associated with the construction of this project shall cause a wetland standard violation, a stream standard violation, or other water quality violation. These violations are subject to civil penalties of up to $25,000.00 per violation per day pursuant NCGS 143-215.6. Permit issued this the 27"h day of July 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION I ales V4ild, P.E., Director r` Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 5 State Stormwater Management Systems Permit Number SW8120602 Stormwater Project Number SW8120602 Carquest on Market New Hanover County Designer's Certification — Offsite Lot 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Certification Requirements: 1. The lot contains no more than the maximum permitted amount of built -upon area. 2. All the built -upon area associated with this permit is graded such that the runoff drains to the permitted offsite BMP. 3. The lot has been stabilized with permanent vegetation to prevent erosion. 4. Vegetated slopes are no steeper than 3:1. 5. Roof drains are located such that building runoff drains into the system. 6. The inlet from this project into the approved offsite BMP is located per the approved plans and does not cause short-circuiting. 7. The stormwater conveyance / collection system on the lot adequately conveys the design storm runoff to the system and has not been altered from its permitted condition. cc: NCDENR-DWQ Inspector, New Hanover County Building Inspections Page 5 of 5 DWQ USE ONLY • Date Received Fee Paid Permit Number Fd 4,-2 Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph Il - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina ?department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Carauest on Market 2. Location of Project (street address): 5832 Market Street City:W_ ilmington County:New Hanover Zip:28405 3. Directions to project (from nearest major intersection): Approximately 1201f west from the intersection of US Hwy 17 and Cardinal Drive Extension 4. Latitudc:340 14' 59" N Longitude:77* 51' 25" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known)_ . and the status of construction: ❑Not Started ❑Partially Completed* ® Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ❑High Density ®Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: _ ❑NPDES Industrial Stormwater 0404/401 Permit. Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: or- c�ov� JUN 01 2012 Form SWU-101 Version 07Jun2010 Page 1 of 6 III. . CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Vanauard Ventures, LLC Signing Official & Title:George Venters, Member Manager b. Contact information for person listed in item 1a above: Street Address:3900 Merton Drive, Ste 210 City:Raleigh State:NC Zip:27609 Mailing Address (if applicable): City: State: Zip: Phone: (919 ) 459-2602 Fax: Email:gventers@vanguardpg.com Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) Z Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Gulf Wursley and Cowper Properties, LLC Signing Official & Title:Ton T. Vincent, Manager b. Contact information for person listed in item 2a above: Street Address:1508 Military Cutoff Road, Suite 302 City:Wilmington State:NC Zip:28403 Mailing Address (if applicable): City: State: Zip: Phone: (910 )_ 256-0101 Fax: (910 ) 256-0315 Email:jontvincent®gmail.com 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: State: Phone: ( ) Fax: Email: 4. Local jurisdiction for building permits: Point of Contact.Teff Walton Phone #: Form SWU-101 Version 07Jun2010 Page 2 of 6 Zip: BY: EW IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. stormwater detention pond 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 0.986 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:0.986 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Higgh Water (NHM line or Mean High Water (MMM line, and coastal wetlands landward from the NHW (or I�HW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. (+nok vo S-YSkm) Basin Information Drainage Area 1 Drainage Area 2 Drains a Area 3 Drainage Area 4 Receiving Stream Name Trib. to Bradley Creek Trib. to Bradley Creek Stream Class * 18-87-24-4-(1) 18-87-24-4-(1) Stream Index Number * SC HQW SC HQW Total Drainage Area (so 12,306 30,623 On -site Drainage Area (so 12,306 30,623 Off -site Drainage Area (so 0 0 Proposed Enpervious Area** sfi 11 518 5,300 % impervious Area** total 83% 85% Impervious" Surface Area Drainage Area 1 Drainage Area 2 Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 0 2,006 On -site Streets (so 0 0 On -site Parking (so 255 1,378 On -site Sidewalks (so 263 1,916 Other on -site (so 5 -3,708 (to be removed Al Future (soVa(o89•Y 0 Off -site (so 0 0 Existing BUA*** (so 6,964 24,366 Total (so: 10,168 25,958 Stream Class and IAA Number can be determined at: http. portal.ncdenr.or /wg ebAvq(ps/csu/classifications aos = a,c�$ Fonn SWU-101 Version 07Jun2010 Page 3 of 6 h/a'111a. * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new B UA. 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union Countv:Contact DWQ Central ®jfce staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from h!W://12ortal.ncdenr.org/web/wA/ws/su/bMR-manual. 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. A detailed application instruction sheet and BMP checklists are available from h!!p://portal.ncdenr.org/web/wg/ws/su/statesw/forms docs. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http:/ /portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://12ortal.ncdenr.org/web/wg/ws/su/statesw/forms docs. initials 1. Original and one copy of. the Stormwater Management Permit Application Form. ' 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. OriginaI of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http�www.gp help.orgf pares/ onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1h mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. IV F- a Delineate the vegetated buffer landward from the normal pool elevation of irngo°rtfcc structures, the banks of streams or rivers, and the MHW (or NHW) of tidal wat&s.,u� �ii�2 i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. ' k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. Form SW-101 Version 07Jun2010 Page 4 of 6 m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify AI� elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 5266 Page No:1909 " 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Ri Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hft://www.secretaly.state.nc.us/Corporations/CSearch.asl2x VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. I£ lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http//portal.ncdenr.org/web/wq/ws/su/statesw/forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, 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 NC DWQ and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Phillin G. Tripg, P.E. Consulting Firm: Trine Engineering Mailing Address:419 Chestnut Street City:Wihnington State:NC Zip:28401 Phone: (910 ) 763-5100 Fax: (910 ) 763-5631 Email:trippeng@ec.rr.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) Ton T. Vincent , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) George Venters with (print or type name of o.?Con���� Contact Information, item 1a) Vanguard Ventures, LLC to develop the project as currently, proposed. A copy the lease agreement or pending property sales contract has been provided with the submiktal, j� �ic thq party responsible for the operation and maintenance of the stormwater system. try Form SWU-101 Version 07Jun2010 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for c p-hance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, s my responsibility to notify DWQ immediately and submit a completed Name/Owners 'p Change Form 30 days; otherwise I will be operating a stormwater treatment facility without valid pe 't. I unders that the operation of a stormwater treatment facility without a valid permit is a viola 'on of N eneral Sta 143-215.1 and may result in appropriate enforcement action including the assessment o civil pe tiers of up 225,000 per day, pursuant to NCGS 143-215.6. -i -.. t►$_Lh77T*A_ a Notary Public for the State of do hereby certify thatJONZ� \ . NJ personally appeared before me th' da of \ and aqlqiowledge due execution of the a plication for a stormwater permit. Witness my hand and official se SEAL My commission expires L N X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) 6 certify that the information includ on this permit application form is, todhe best of my knowledge, correct and that the project will constr ' conformance with the approved plans, that the required deed restrictions and protective co w' a ec rded, and that the proposed project complies with the requirements of the applicable storm ei n er 5A NCAC 2H .1000, SL 2006-246 (Ph. II -Post Construction) or SL 2008-211. Signature: /d( / // /" Date: �1 z, V IF a Notary Public for the State of 6 C6 diner, County of ,i�c�1 rlxr do hereby certify that �Pnrgo ��nrs personally appeared before me this 1 L day of and acknowledge the due e of the application for a stormwater permit. Witness my hand and official seal,it SEAL My commission expires i0 :6 / 4e �ECE6VE JUN O 1 2012 BY:. Form M U-101 Version 07Jun2010 Page 6 of 6 Permit No. -�wS/, � � 9, �" e State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM OFF -SITE SYSTEM SUPPLEMENT FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any on -site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and drainage details for the project. I. PROJECT INFORMATION Project Name : Carauest on Market Contact Person: Phil Tripp Phone Number: (910)763-5100 Is all drainage from the project directed to the off -site system? (check one): ❑ Yes ® No II. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system that will treat runoff from your project): Permit No. SW8 000647 Mod Project Name:Carmar Park Type of System (wet pond, infiltration basin, etc.):wet pond Lot No. (if part of a subdivision): I How much built upon area draining to the permitted treatment system has been allocated to this project? 10,168 III. REQUIRED ITEMS CHECKLIST Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification.V. JUN 0 1 2012 Form SW401-Off-Site System-Rev.I Page 1 of 2 AppV,cants Initials 3W a. Deed restrictions limiting the built -upon area on the site have been recorded. b. Engineers certification for the existing off -site system has been submitted to DWQ. c. There are no outstanding Notices of Violation for the off -site system. d. Off -site system is in compliance with the issued permit. IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and ditches will be reseeded or sodded following sediment removal. 3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as needed based on monthly inspections. 4. The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices, and piping. 5. The collection system may not be altered in any way without prior approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:George Venters, Member Manager Note Date: 5�23�i The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. ` 13aill _ , a Notary Public for the State of Kee . o,r,f mj,;:�a', County of do hereby certify that (7 Q2- VeAr1rs personally appeared before me this-23 day of .0)2. , and acknowledge the due execution of the forgoing document including the stormwater uuuu► collection system `mavltBiieCejnents. Witness my hand and official seal, IVY ��N��-o^^R rq JUN 01 2012 y = 1 HY:.___------ ;2 '• �/Bla1G ' �' Notary Public SEAI✓',,®FR 'C' U My commission expires �D» �& Form SWU-106 Rev d1 Page 2 of 2 Market Street Business Stormwater Permit No. SW8 000647 Modification New Hanover County Designer's Certification State Stormwater Management Systems 11039 Permit No. SW8 000647 Modification I, Phillip G. Tripp , as a duly registered professional engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Market Street Business (Project) for Gulfs_tream Foods of NC, Inc. (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 17374 " Date_ 6ZA5• lZ JUN 01 2012 fi State Stormwater Management Systems Permit No. SW8 000647 Modification 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 04. drains to the system. the runoff The outlet/bypass structure elevations are per the approved plan. PP 5. The outlet structure is located per the approved plans. &_6. Trash rack is provided on the outlet/bypass structure. �oNr��.. �� �cEzr.t� p►� �- 7. All slopes are grassed with permanent vegetation. TiCASN LACK PRmyeatw.. 8. Vegetated slopes are no steeper than 3:1. S. The fillets are located per the approved plans and do not cause short-circuiting of the system. P-10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections jnnun SFOR RE6lSnMTION RE6rs*sOF DEED, y�dENHtANO--WRRG{E MIsNa� GW1 i 1 VY i' 02e4 9 ONA 8K &6 PG 1143-1156 FEE $3 Ce 'NSrRI Gr IX9112 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF EASEMENTS, COVENANTS AND CONDITIONS FOR CARMAR PARK THIS DECLARATION OF EASEMENTS, COVENANTS AND CONDITIONS FOR CARMAR PARK, made on the date hereinafter set forth by MARKET AUTO PROPERTIES, LLC, a North Carolina limited liability company, (hereinafter "Market Auto"), GULF, WORSLEY & COWPER PROPERTIES, LLC, a North Carolina iuYnted liability company, (hereinafter "GWC" ), collectively "Declarant"), and MITCHELL FAMILY, LLC, a North Carolina limited liability company, (hereinafter "Matcheln WITNESSETH WHEREAS, Market Auto and GWC own lots shown as Tract 1, 2 and the Stormwater Pond Common Area Tract as shown on a recombination map recorded to Map Book at Page 1611 of the New Hanover County Registry, (hereinafter the "Map" and WHEREAS, Mitchell has acquired Tract 3 as shown on the recombination map as recorded in Map Book mat Page 1 &, of the New Hanover County Registry, and joins in this Declaration for the purpose of subjecting Tract 3 to the common scheme of development set out herein, and WHEREAS, the Declarant desires to develop all of the property under a Common scheme of development such that they will share certain storm water facilities and access and utility easements, and NOW, THEREFORE, Declarant and Mitchell hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, rights and responsibilities, which are for the purpose of protecting the valve and desirability of, and which shall run with the real property and be binding on all parties having any nght, title or interest an the described Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof ARTICLE I DE r ai��C'iTiONS SECTION 1 "Association" shall mean and refer to CARMAR PARK ASSOCIATION, its successors and assigns SECTION 2 "Building" shall mean and include, but shall not be limited to, both the main portion of a structure built for permanent use and all projections or extensions thereof, including, but not limited to, garages, outside Platforms and decks, canopies, porches and outbuildings SECTION 3 "Common Area" and "Common Easements" "Common Area" and/or "Common Facilities", which terms may be used interchangeably, shall mean and refer to all common facilities designated as such, now or in the future, by Declarant for the common use and enjoyment of all of the Owners an accordance with this Declaration and shall specifically include the following it 014h a All Access Easements, Drainage Easements and Utility Easements as depicted on the Map, BY , i JUN 01 s eRtll�Mll��.�s o�! -' :Iel D. Ba 221,369 square feet of impervious area The build upon area for future development is limited to 90,000 square feet The permit shall allow for drainage to the pond of up to 18,000 square feet from off site stormwater attributable to Mitchell, Taylor and Jordan properties on the South side of Tract 2 The impervious surface allocations will be made in accordance with the acreage contained in each tract as the numerator and the total acres within the lots defined as subject to this declaration as the denominator multiplied by the available impervious surface This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools (f) All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through providing roof dram gutters which dram to the street, grading the lot to dram toward the street, or grading perimeter swales to collect lot runoff and directing them into the storm water system or into the street Lots that will naturally dram into the system are not required to provide these additional measures SECTION 3 ALLOCATION OF ALLOWED IMPERVIOUS SURFAQE UNDER THE STORMWATER PERMIT All of Tracts 2 and 3 and a portion of Tract 1 are subject to the stormwater control permit as set forth herein The permit allows a maximum total of 203,369 square feet of impervious surfaces on the property The impervious surface shall be allocated as follows Tract 2 - 109,311 53 75% Tract 3 - 83,890 41 25% Tract 1 10,168 5 00% SECTION 4 EMERGENCY EASEMENT In the event of any emergency originating within a Lot, which emergency threatens other Lots, the owners or occupants thereof and/or the Common Area, the Association is hereby granted an easement on and over all Lots for the purpose of remedying or abating the cause of such emergency All costs incurred by the Association in remedying or abating the cause of such emergency shall be reimbursed by the owner of the Lot upon which the emergency originated, and such costs shall be a charge on the land and the personal obligation of the owner of the Lot enforceable as an assessment pursuant to the provisions of ARTICLE V of the Declaration SECTION 5 RELOCATION OF STORMWATER DRAINAGE OUTFLOW PIPE The Owner or its successors and assigns of Tract 3 shall have the right to relocate the drainage outflow pipe for the Stormwater Pond which currently crosses Tract 3 to another location within the boundaries of Tract 3 or to install another drainage outflow pipe for the Stormwater Pond which would drain southwardly from the Stormwater Pond crossing the Common Area Tract to empty into an eighty foot (80) drainage easement adjacent to the southern boundary of the Pond, provided that the owner of Tract 3 must comply with all stormwater and city regulations then in place In the event of relocation of the stormwater drainage outflow pipe, the abandoned stormwater drainage pipe easement would be relinquished upon the acceptance of the replacement stormwater drainage pipe easement by the Association Any relocation or installation of such stormwater pipe, including any necessary modifications to the stormwater permit, shall be made at the sole cost and expense of the Owner of Tract 3 ARTICLE VIII MISCELLANEOUS SECTION 1 ENFORCEMENT The Association, and any Owner or Occupant, shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration, the Articles of Incorporation or Bylaws of the Association Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter The Association shall have the right to request that law enforcement, public safety and animal control officers come on the Properties to facilitate the enforcement of the laws, codes and ordinances of any governmental authority SECTION 2 SEVERABILITY Invalidation of any one of the covenants or restrictions by judgment or court order shall not affect any other provision which shall remain in full force and effect SECTION-3 AMENDMENT The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years This Declaration may be amended by an instrument signed by (a) owners holding at least sixty-seven percent (67%) of the then outstanding votes in the Association, and (b) Declarant, for so long as Declarant has the right to select a