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HomeMy WebLinkAboutSW8120617_Current Permit_20190319ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director March 19, 2019 NORTH CAROLINA Environmontal Quality Wilmington Auto Group Properties, LLC Attn: Donald R. Latham, Member/Manager 5920 Market Street Wilmington, NC 28405 Subject: Permit Transfer / Project Name Change / Minor Permit Modification State Stormwater Management Permit No. SW8 120617 Parkway Volvo II (Lot 2 Carmar Park) New Hanover County Dear Mr. Latham: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that the updated permit now references DEMLR as the Division responsible for issuance of the permit. TRANSFER AND PROJECT NAME CHANGE On August 22, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a signed Permit Transfer Application from you accepting the stormwater permit for the subject project, as allowed per NCGS 143-214.7(c5). A file review and site inspection was performed on October 18, 2018 by DEMLR staff and as noted in the enclosed inspection report, the site as currently developed has only few minor compliance issues, which will be fully resolved with the approval of the minor modification. As indicated on the Permit Transfer Application form, you have acknowledged receipt of a copy of the permit. By acknowledging receipt of the permit, and signing the Permit Transfer Application form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the project name has been changed to Parkway Volvo II and that permit no. SW8 120617 was transferred to Wilmington Auto Group Properties, LLC on February 4, 2019. MINOR MODIFICATION On February 5, 2019, DEMLR accepted the proposed minor modification for the Parkway Volvo II site with final information received on March 18, 2019. The modifications covered by this permit include a change in the layout of the BUA, but the total amount of BUR remains capped at the previously approved maximum of 109,311 square feet as shown on the attached revised page 3 of 6 of the application. This modified permit shall be effective from the date of issuance until it is rescinded.. For your records, please find enclosed copies of the updated permit, the inspection report, the transfer application, the original 2012 permit application, and the new Offsite supplement form with the Operation and Maintenance agreement. Please Deep this cover letter and updated permit on file with your other important records. This project is subject to the conditions and limitations as specified in the updated permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the onsite runoff collection system and vegetated areas, and the procedures for changing ownership and transferring the permit. Failure to establish an adequate system for operation and maintenance of the stormwater runoff collection system, or to transfer the permit to any subsequent owners, will result in future compliance problems. -% _ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources :!Jj/j Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 04..�.na�wwo.nrwea� 910.796.7215 State Stormwater Permit No. SW8 120617 Pape 2 of 2 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, NO 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 regarding this matter, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 79.6-7215. Sincerely S`-Daniel Smith, Interim Director Division of Energy, Mineral and Land Resources GDS/arl: G:\\\Stormwater\Permits & Projects\2012\120617 Offsite\2019 03 permit 120617 cc: Phil Tripp, P.E. Tripp Engineering City of Wilmington Stormwater Services Carmar Park Association 3825 Barrett Drive, Suite 100 Raleigh, NC 27609 Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit Number SW8 120617 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE PERMITTED SCM 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 Wilmington Auto Group Properties, LLC Parkway Volvo 11 (Lot 2 Carmar Park) 5820 Market Street, Wilmington, New Hanover County FOR THE construction of impervious areas with runoff to be treated in an offsite permitted stormwater control measure (SCM), in compliance with the provisions of SL 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively referred to as the "stormwater rules') 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 Energy, Mineral and Land Resources (DEMLR or Division) and considered a part of this permit. The stormwater runoff from the site will be routed to the wet pond (offsite SCM) operated and maintained by Carmar Park Association (Master Permittee) under the terms and conditions set forth in the latest version of Permit No. SW8 000647 (Master Permit). 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 the stormwater management system offsite SCM permitted under the Master Permit. 2. The built -upon area allocated to this development by the Master Permit is 109,311 square feet. This project proposes 92,303 square feet. The amount available for future development is 17,008 square feet. 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 SCM. II. SCHEDULE OF COMPLIANCE This permit is issued contingent on the stormwater control measure approved under the Master Permit, being complete and in compliance with the conditions of the Master Permit, which was issued to Carmar Park Association on July 27, 2012, and as subsequently revised, modified, or renewed. Prior to the construction of any built -upon area associated with this permit, the Master Permittee shall have constructed, operated, maintained, and certified the offsite SCM in compliance with the terms and conditions of the Master Permit. Page 1 of 3 State Stormwater Management Systems Permit Number SW8 120617 2. The permittee shall construct and maintain the proposed stormwater runoff conveyance and collection system and the built -upon areas to the dimensions, elevations, grades and locations 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 the Master Permit. 4. During construction now or in the future, 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. 5. 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 runoff from the lot's built -upon area 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 project's 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. f. Any other revisions as determined by the Director. 9. The project shall be constructed and maintained in accordance with the conditions of this permit, the approved plans and specifications, and the supporting documents which are all enforceable parts of this permit. 10. 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 2 of 3 State Stormwater Management Systems Permit Number SW8 120617 2. The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days of making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 3. 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 "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part; b. The assignment or conveyance of declarant rights to another individual or entity; c. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; d. Bankruptcy; e. Foreclosure, subject to the requirements of Session Law 2013-121, 4. The approval of a permit transfer request will be considered on its merits and may or may not be approved. 5. 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. 6. 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. 7. The permittee grants permission for DEQ Staff to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 8. 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. 9. 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. 10. 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 updated, transferred and reissued this the 19' day of March 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION SCZ H Daniel mith, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 3 of 3 State Stormwater Management Systems Permit Number SW8 120617 Stormwater Permit Number SW8 120617 Parkway Volvo II 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: NCDEQ-DEMLR New Hanover County Building Safety Department Page 1 of 1 1 DEMLR USF ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - 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 Energy, Mineral and Land Resources 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.): Parkwav Volvo 2. Location of Project (street address): 5820 Market Street City:Wihnington County:New Hanover. Zip:28405 3. Directions to project (from nearest major intersection): Property is located approx 3001f west of the intersection of US 17 Market Street and Cardinal Drive Pro erty. is on the lert. 4. Latitude:34° 14' 59" N Longitude:770 59' 27" W of the main entrance to the project. II. PERMIT INFORMATION: lW ar- 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SWU-102 - Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8120617 , its issue date (if known)6/27/2012 , 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 DEMLR 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 ❑NPDES Industrial Stormwater NSedimentation/Erosion Control: 3.47 ac of Disturbed Area ❑404/401 Permit: Proposed Impacts 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: 1s the project located within 5 miles of a public airport? [:]No ®Yes If yes, see S.L. 2012-200, Part VI: httl2:1/portal.ncdenr.org/web/Ir/rules-and-regulations Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 III. CONTACT INFORMATION 1. aYrint Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Wilmington Auto Group Properties LLC Signing Official & Title:Donald R. Latham, Member Manager b. Contact information for person listed in item 1a above: Street Address:5920 Market Street City: Wilmington State:NC Zip:28405 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 202-8711 Fax: Email:hl!iyton@12arkwayofwflmingLon.com c. 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) ❑ 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/Organza Signing Official & Title:_ b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ( ) Email: State: Zip: State: Zip: Fax: ( 1 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: Phone: Email: State: Zip: Fax: ( ) 4. Local jurisdiction for building permits: City of Wilmington Point of Contact: Phone #: ) Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Off -site wet 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 H - Post Construction 3. Stormwater runoff from this project drains to the Cave Fear River basin. 4. Total Property Area: 3.47 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+:3.47 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 Hi h Water (NHW) line or Mean High Water W) (MHIine, and coastal wetlands landward from the NHW (or DA 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 = 72% % 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMA 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. Basm information Drama a Area 1 Drainage Area _ Drainage e Area Drainage Area Receiving Stream Name Bradley Creek _ _ Stream Class * SC; HQW Stream Index Number * 18-87-24-4-(1) Total Drainage Area (sf) 151,429 On -site Drainage Area (sf) 151,429 Off -site Drainage Area (sf) - Proposed Impervious Area'* s % Im envious Area** (total) 72 % Impervious" Surface Area Drama a Area 1 Drainage Area _ Drainage Area Drama a Area On -site Buildings/Lots (sf) 17,265 _ _ On -site Streets (so On -site Parking (so 73,669 On -site Sidewalks (so 1,369 Other on -site (so Future (sf) 17,008 Off -site (so Existing BUA*** (sf) Total (so: 109,311 acreum Mass and Index Number can be determined at: http.,Oortal.ncdenr.org eblzeg&s csu/classi cations 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 BUA. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union Count3r: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A 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://portal.ncdelir.org/web/wq/ws/su/bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htW://portal.ncdenr.org/webZwq/ws/su/-statesw/forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at htt2://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 htW://portal.ncdenr.oTg/web/wq/ws/su/statesw/forms does. 1. Original and one copy of the Stormwater Management Permit Application Form. In' Is 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants_ Form. (if required as per Part VII below) 3. Original 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.envhelp.orkL1ages/onestopexl2ress 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 a*6— 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 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 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. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. 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. I. Details of roads, drainage features, collection systems, and stormwater control measures. 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. Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 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 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"x11" 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 DEMLK to verifij the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most -current property deed. Deed book: 5764 Page No: 1208 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A 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. h!!p://www.secretary.state.nc.us/Coi:porations/CSearch.aspx 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. If 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 htty://12ortal.ncdenr.org/web/lr/state-stormwater- forms docs. 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 DEMLK, 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:Phillip G. Tripp P.E. Consulting Firm: Tripp Engineering Mailing Address:419 Chestnut Street CityWilmington State:NC Zip:28401 Phone: (910 ) 763-5100 Fax: (910 ) 763-5631 Email:office@trippengineering.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or hjpe name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version Oct. 31, 2013 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 compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: a Notary Public for the State of County of do hereby certify that personally appeared before me this _ day of . and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires, X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Donald R. Latham certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stor ater ules under 1 A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature. Date:- I, �' `� h L • lSl a Notary Public for the State of N VI'X (4n County of �i QW tASAN ivy , do hereby certify that I "d P-. J,,0L4k&Y%A personally appeared before me thisW'day of ( kS'f 201$ and acknowledge the e e Mi of the application for a stormwater permit. Witness my hand and official seal! r pTAR aZ U= ;mom �OVB L%G ? Jt,.a� SEAL My commission expires Q Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 Permit No. SCO E' I ;--0 (. I _7_ State of North Carolina (to be provided by DEMLR) Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources 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 DEMLR Stormwater Manaizement 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. ECEIVE 11 I. PROJECT INFORMATION FEB 0 5 2019 Project Name : Parkway Volvo ll: 13Y: Contact Person: Phillip Tripp, P.E. Phone Number: (910)763-5100 Is all drainage from the project directed to the off -site system? (check one): N 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 Project Name:Carmar Park Type of System (wet pond, infiltration basin, etc.):Wet pond Lot No. (if part of a subdivision):2 How much built upon area draining to the permitted treatment system has been allocated to this project?109.311 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. Form SW401-Off-Site System-Rev.l Page I of 2 Applic tials 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 DEMLR. 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. STORMWA T ER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS 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 Energy, Mineral and Land Resources. 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 DEMLR of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:Donald R. Latham Address:5920 Market Street Wilmington NC 28405 Phone:910-20 11 Date:*/�%Jp Signature ezdi�000 Note: 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. ICA- a Notary Public for the State of N Y'� (AVb11VVX , County of 4.1� /fMp do hereby certify that bw AAw 2 1�.A � personally appeared before me this 244, day of ?Z 106 , and acknowledge the due execution of the forgoing document including the stormwater �R collec`i���nu�n �o I �nain ce requirements .p r �OqA���cte$s z 2= AVBL�G �•�._ ,Ilk, j SEAL X'�a�` .'.-"" y0VER C3050 Form SWU _'1'06-3te'rf 07 Witness my hand and official seal, �lA V JJA Notary Public My commission expires 9—Am so 11,6 Page 2 of 2 NC DEQ Division of Energy, Mineral and Land Resources STD b E S 0RIV)WATEiR: Pursuant to 15A NCAC 02i-I.1045 and other applicable statues as ►efetrence within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at., hill;!?J/den.,tc. o✓/^ontac�'rcc�ia:l=.f-Ofl1C�". After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under C. S. 14 °-2,i ^. 7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; Limited Liability Company (LLC) - Me designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. 1. State Stormwater Permit Number: 2. Project name: ---- Is this an updated project name from the current permit? ® Yes ❑ No 3. Reason for the permit transfer request: E g � elC 1222018 BY: Permit Transf;,r palicajicil Form Wage 1 of 7 April 21, 2017 ❑ 1. Both the current and proposed permittees. ❑ 2. Only the current permittee/declarant of a condominium or planned community(skip Part F & G). In accordance with G. S. 143-214. Y(c2) (see also SL 2011-256), this type of transfer is allowed only whenall of the following items can be truthfully checked. - Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ® 3. Only the proposed permittee(skip Part D below). In accordance with. G.S. 143-214.7(c5) (see also SL 2013-121),this type of transfer is allowed only when all of the following items can be truthfully checked. ® a. The proposed permittee is either (select one of the following): ® The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the soleclaimant of the right to engage in the permitted activity. ® b. The current permittee is (select all at least one of the following): ❑ A natural person who is deceased. ® A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ® c. The proposed permittee agrees to the following requirements (all must be selected): ® There will be no substantial change in the permitted activity. ® The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ® The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. AUG 222018 13Y: Stormwat;;r Permit Transfer Ai pleation Fore Page 2 of 7 April 20, 20`17 C. SUBMITTAL REQUIRE. EN.-Ti Please mark "r10 confirm the items are included with this form. Please mark X" if previously provided. If not applicable or not available, please mark N/A.: 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. -- — - Y _ 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. ter The signed and notarized applicable opzratior wild r mintenarice agreement(s) from the Proposed permittee, as required by the permit. 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. 8. If transferring under G.S. 143-214.7(c2) (see also SL 2011-256), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. --:--Y . 9. If transferring under G.S. 143-2 i4.7 c5 (see also SL 2013-121), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. Nb/ _ 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A i i. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A _._ 12. A copy of the development agreement if the proposed permittee is the developer. EC'EIVE AUG2 2 2018 BY. Stor mwate= Permit Transfer Application � orin Of 7 April 20, 2017 O. CURRENT PERN11TTEE INFORNIA"FiGiN VT CEI-:'i lriOATION 1. Current Permit Holder's Company Name/Organization: - :Fi�r,.dzy''a, 1 ' C 2. Signing Official's Name: 3. Signing Official's Title: 4. Mailing Address: City: State: ZIP 5. Street Address: City: State: ZIP 6. Phone:( ) Email: I, , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit.) have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: Date: that this the day of a Notary Pubiic for the State of County of , do hereby certify execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: My commission expires Stor mwater Permit Traiisfer Application i=c; m Pag6 4 of r personally appeared before me 20 , and acknowledge the due E' NBy AUG 2 2 2018. April 20, 2017 E. PROPOSED PERNIITTEE INFORMA ION1 1. The proposed permittee is the: ® Property owner(skip Part G) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA)(skip Part G) ❑ Lessee(Attach a copy of the lease agreement Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner.) ❑ Purchaser(Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taker, place. If the purchase agreement is cancelled the permit reverts to the property owner.) ❑ Developer(Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner.) 2. Proposed permittee name(check one of the following and provide the name): L ®Corporation, LLC, Partnership, Municipality name:�(il�/Y1lA ,4li fb 6�vu f foe pawTj¢J LL.0 ❑HOA I POA I UOP, name: / ❑Sole Proprietor 3. Proposed permittee contact information: a. Signing Official's Name:— b. Signing Official's Title:- c. Mailing Address: 39,2P \4 lrl,a 9tr, City: State:-.__ __ZIP :.�.9a�5 d. Street Address: City: ,- ���, :..., State: _ -- ZIP: e. Phone: —' _ - -`'- _ ' ' Email: -- ri, ,t , f,1'°,, 4. If there is a Management Entitythat manages the property for an HOA, POA or UOA, please provide: a. Management Company or Business name: _ b. Contact Name: Title: c_ Mailing Address: d. City: State: ZIP: e. Phone: ( ) Email: _ CEIVE"� AUG 2 2 2018 RY:. Storr,;fluter Permii Transfei Application Foim P L g u 5 0.�'7 April 20, 2017 5. PROPOSED P;:IRMITTEE I, OCYVIc P LaT am , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply,): ® the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written documentstatement with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to the irements listw in the permit and in the operation and maintenance agreement. Signature: Date: —,a Notary Public for the State off County of O U*J OANWZ✓ , do hereby certify that Dvv�AIJ 1L •-�'�nG,w. personally appeared before me this the day of &J4&SJ , 20L, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature C.A- My commission expires ! j So,it r"_ O2.a c,0TA oy a m� AVBL%C' k-1,rTVR COJ°°°°° h, a t 2 2 2018 Siorrri&.,,ater Permit T ran6 er Application Form P:age G of 7 April 20, 20 i 7 G. PROPERTY OWNER ftIi=f;RMA T ION AND C F- *-N'- CA'T1CJ1 Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP Phone: ( ) Email: _ I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Attachment B will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness ECIEIV ..' AUG 2 2 2018 ICY: S1ormixater Permit Tram3fer Application roan P::ge 7 of 7 April 20, 2017 State Stormwa4r Management Systems Permit dumber S W 8 120617 Stormwater Permit Number SW8 120617 Parkway Volvo II New Hanover County Designer's Certification — Offsite Lot 1, Phillip G. Tripp , as a daily registered ,professional engineer in the State of North Carolina, having been authorized to observe (periodically/ :Re) the construction of the project, Parkway volvo II (Project) for Wilmington Auto Group Properties LLC (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: Signature Registratic CA �o ssv ge=4r�OFESS�p� �!yao 9: i SEAL < o ®SEAL -o 17374 : 4 ��� •'ate Date :Z . s( EGO B'®r �RQ� �deaooas�e�ob@° . 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. 1,6. The inlet from this project into the approved offsite BMP is located per the approved plans and does not cause short-circuiting. AT 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: NCDEQ-DEMLR New Hanover County Building. Safety Department Page 1 of 1 'Market Street Business Stormwater Permit No. SW8 000647 Modification New Hanover County Designer's Certification State Stormwater Management Systems 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 Gulfstream Foods of NC, Inc. T_(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: A 4.4 Signature Registration Number 17374 Date SEAL 7 State Stonnwater 1llanagemen.t Systems Permit No. SW8 000647 Modification ZI Certification Requirements: r I. 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. J: _3. All the built -upon area associated with the project is graded such that the runoff drains to the system. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. Trash rack is provided on the outlet/bypass structure.a .. . �7. All slopes are grassed with permanent N egetation. -Wim CAC1 "L 8. Vegetated slopes are no steeper than 3:1. _9. The inlets are Iocated per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. <: 11. Required drawdown devices are correctly sized per the approved plans. {y"' _12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. The overall dimensions of the system, as shown on the approved plans, are prodded. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections AUG 2 2 2018 i