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HomeMy WebLinkAboutSW8000523_CURRENT PERMIT_20200214STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 000 ,!� ) 3 ^ DOC TYPE ,QC CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYM M D D 4 ROY COOPER Governor MICHAEL S. REGAN Secretary BRMN WRENN Acting Director February 14, 2020 Nabil Chaanine, Co-Peniittee 413 Blair Pointe Road Morehead City, NC 28557 AND Chaanine Ventures, LLC, Co-Permittee Attn: 2istie Chaanine, Manager P.O. Box 598 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality Subject: State Stormwater Management Permit No. SW8 000523 House of Silk Flowers Low Density Project Carteret County Dear Mr. Chaanine and Ms. Chaanine: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for the subject project on February 12, 2020. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in 15A NCAC 2H.1000 (1995 Rules) as amended on January 1, 2017 (2017 Rules). We are hereby forwarding modified Permit No. SW8 000523 dated February 14, 2020, for the construction of the built -upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure tc comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. Please refer to Attachment C for a detailed description of the current proposed major modification and a list of all the past modifications approved during the effective period of the permit. This cover letter, attachments, and all documents on file with DEM.LR shall be considered part of this permit and is herein incorporated by reference. Please replace the previously approved plan sheets with the attached modified and approved versions. Please replace the previous application (SWU-101), and proposed deed restrictions and protective covenants with the attached modified versions. 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 Fling 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 concerning this permit, please contact Garrett Zorda in the Wilmington Regional Office, at (910) 796-7215 or garrett.zorda@gmail.com. Sincerely, �F Brian Wrenn, Acting [rector Division of Energy, Mineral and Land Resources uor ni ®� ��� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources _� /�,/ Wilmington Regional Office I t27 Cardinal Drive Extension I Wilmington North Carolina 28405 930.796.7215 State Stormwater Permit No. SW8 000523 Page 2 of 2 Enclosures: Attachment A — Designer's Certification Form Attachment C — Permitting History Application Documents DESIgdz:\\\Stormwater\Permits & Projects120001000523 LD12020 02 permit 000523 cc: Ginger Y. Turner, PE, The Cullipher Group Town of Beaufort Building Inspections Carteret County Engineering Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 000523 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 (1995 Rules) as amended on January 1, 2017 (2017 Rules) (collectively, the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Nabil Chaanine and Chaanine Ventures, LLC House of Silk Flowers 2660 NC Hwy 101, Beaufort, Carteret County FOR THE construction, management, operation and maintenance of built -upon area (BUA) for a 30% low density subdivision area (the "low density area DA1 ") and a 12% low density area (the "low density area DA2") discharging to Class SA-HQW as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 183,576 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA DA1 BUA LIMITS. The low density area, also referred to as Drainage Area 1 in the approved plans and specifications, must not exceed 30% per the requirements of the stormwater rules. Within this low density area, this permit approves a percent BUA of 30% and the construction of a total of 84,421square feet of BUA, which includes 4,973 square feet of future BUA. This permit excludes 65,340 square feet of existing BUA in accordance with 15A NCAC 02H.1003(1)(b). b. LOW DENSITY AREA DA2 BUA LIMITS. The low density area, also referred to as Drainage Area 2 in the approved plans and specifications, must not exceed 12% per the requirements of the stormwater rules. Within this low density area, this permit approves a percent BUA of 12% and the construction of a total of 33,815 square feet of BUA, which includes 7,385 square feet of future BUA. Page 1 of 6 State Stormwater Management Permit No. SW8 000523 c. BUA FOR INDIVIDUAL LOTS. The one lot, labeled "Outparcel No. 1, is limited to a maximum of 15,000 square feet of BUA, as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. 2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the project and considered pervious per the stormwater rules: a. #57 STONE. The project is proposing a total of 155,157 square feet, which includes 51,446 square feet in DA1 and 103,711 square feet in DA2, of #57 stone laid at least four inches thick over a geotextile fabric as a pervious surface for parking and access. The underlying soil should not be mechanically compacted prior to installation. If, in the future, this pervious surface is found to no longer meet these requirements, a permit modification will be required. 3. NON-RESIDENTIAL SUBDIVIDED LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by the permittee shall submit a separate low density stormwater permit application to the Division and receive approval prior to construction. Prior to construction, the permittee shall ensure that the owner of the commercial lot has obtained the separate low density stormwater management permit. 4. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density areas are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These low density areas and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads is allowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 5. STORMWATER OUTLETS. This project does not propose any discharge points and therefore will not have the opportunity to cause erosion during the 10-year storm event. 6. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL MEASURE (SCM). Stormwater that is not treated in an SCM, such as in the low density area (including roof drains), must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. Page 2 of 6 State Stormwater Management Permit No, SW8 000523 RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats_must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000523, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) for the one lot labeled "Outparcel No. 1" is 15,000 square feet. This allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. viii. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. ix. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. X. All roof drains shall be released no closer than at the edge of the 50-foot wide vegetated setback and allowed to flow through the setback as dispersed flow. At no time shall stormwater runoff be piped into or through the setback. xi. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. xii. Each non-residential lot within the subdivision whose ownership is not retained by the permittee, must apply for and receive a separate low density stormwater management permit from the Division prior to construction. e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. Page 3 of 6 State Stormwater Management Permit No. SW8 000523 8. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are no longer needed. b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. 9. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications, except for minimum driveway crossings. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved stormwater collection system and/or vegetative conveyance shown on the approved plan, except for minimum driveway crossings within the low density area. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 10. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement, iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 11. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. Page 4 of 6 State Stormwater Management Permit No. SW8 000523 b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken, 12. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to 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. 13. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08, V. Bankruptcy; vi. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 14. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. Page 5 of 6 State Stormwater Management Permit No. SWS 000523 c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. g. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit updated, modified and reissued this the 1411' day of February 2020, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 12 j; Brian Wrenn, irecto Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 000523 Page 6 of 6 State Stormwater Management Permit No. SW8 000523 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 000523 AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM #? ❑ Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature , a Notary Public in the State of County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of this as -built certification. Witness my hand and official seal My commission expires (SEAL) , 20 Permitta Certification NCAC .104_V4) Com' lidgd7 Provided NlA FAINDEEDIRES,TRIC,TIONST11RUA1RECORQS 1. The deed restrictions and protective covenants have been recorded Y or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants Y or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note Y or N 1 IBIBMAIN1T-ENANCETi4CCESS �1 "",d' i :.,;�� 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N 1. The SCMs and the components of the runoff collection / conveyance Y�or N system are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILkY RESIDENTll LOTS - Plats for residential lots that Yo K-IlaPnavelan SCM include the fallawin '_ 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM, Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in Y N NCGS 143 Article 21 if the SCM is removed, relocated or altered or without prior approval. EOPERATtON ANGIEEMENT _ Y- or NF 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and Y N appears in the chain of title. or IF. OPERATION AND MAINTENANCE MAN —maintenance records are '3 bein ke t in a known set location for each SCM and are available for ' 9 P Y or N fi gyp . review.' Page 1 of 7 State Stormwater Management Permit No, SW8 000523 G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N Division. Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "NIA" below. Attach additional sheets as needed. Page 2of7 State Stormwater Management Permit No. SW8 000523 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. ❑ Check here if this is a partial certification. Section/phase/SCM #? ❑ Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3), ❑ Check here if the designer did not observe the construction, but is certifying the project. ❑ Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature_ Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. OO N/E = not evaluated (provide explanation on page 2) GO N/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC OAs-built ME OO NIA .1050 A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is directed Y or N into the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted Y or N SCM that meets the requirements of the'MDC. 6. The net area of new BUA increase for an existing project Y or N has been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design Y or N criteria. B. VEGETATED SETBACKS 1 BUA 1. The width of the vegetated setback has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 Y or N b2 2 is located in the setback. Page 3of7 State Stormwater Management Permit No. SW8 000523 4. BUA that does not meet the requirements of NCGS 143- Y or N 214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at Y or N the edge of the setback and allowed to flow through the setback as dispersed flow. OAs-built ®NIE ®NIA C. STORMWATER OUTLETS —the outlet handles the peak Y N flow from the 10 year storm with no downslo a erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule Y N provisions has been implemented, or 2. The variation provides equal or better stormwater control Y N and equal or better protection of surface waters. or E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y N has been met. or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required Y or N storm depth. G. CONTAMINATED SOILS — infiltrating SCM's are not Y or N located in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J. EXCESS FLOWS — An overflow 1 bypass has been Y N -_provided.. or K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N >3:1. N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or Y or N 89F of the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "NIA" or "WE", below. Attach additional pages as needed: Page 4 of 7 State Stormwater Management Permit No. SW8 000523 AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City: Phone:) Consultant's Email address: State: Zip: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. O N/E = Not Evaluated (provide explanation on page 2). ON/A = Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) Project Density and Built -Upon Area OAs-built ON/E ®NIA 1. The project has areas of high density based on natural drainage Y N area boundaries, variations in land use or construction phasing. or 2. The project's built -upon area does not exceed the maximum limit Y N specified in the permit. or Dispersed Flaw OAs-built ON/E ON/A 1. The project maximizes dispersed flow through vegetated areas Y N and minimizes channelized flow. or Page 5of7 State Stormwater Management Permit No. SW8 000523 Vegetated Conveyances OAs-built mN/E ®NIA 1. Stormwater that is not released as dispersed flow is transported Y N by vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances Y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping Y N has been added beyond what is shown on the approved plans. or 4, Side slopes are no steeper than 3H:1 V. Y or N 5. The conveyance does not erode in response to the peak flow from Y N the 10-year storm. or Curb outlet systems (if applicable) OAs-built 4N/E ®NIA 1. The swale or vegetated area can carry the peak flow from the Y N 10-year storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not Y N exceed 5%. or 3. The swale has a trapezoidal cross-section and a minimum bottom Y N width of two feet. or 4, The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3HA V. Y or N 6. The project utilizes treatment swales designed per Section .1061 Y N in lieu of the curb outlet system requirements. or Vegetated Setbacks (if applicable) OAs-built mN/E ®NIA 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y N located in the setback. or 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: • Publicly -funded linear projects (road, greenway, or sidewalk) Y N • Water dependent structures or • Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 6. The amount of BUA within the setback is minimized, and Y N channeling of the runoff from the BUA has been avoided. or 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. Page 6 of 7 State Stormwater Management Permit No. SW8 000523 Outlets OAs-built ON/E ®NIA 1. Stormwater outlets do not cause erosion downslope of the Y N discharge point during the peak flow from the 10-year storm. or Variations OAs-built ON/E ®NIA 1. The project has variations from the MDC that were not previously Y N approved. (Modification may be required.) or Deed restrictions (if applicable) OAs-built ON/E ®NIA 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. For Subdivisions Only (Residential or Commercial) OAs-built ®N/E ®N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y N plan. or 4. The width / radius of streets, paved accesses, cul-de-sacs and Y N sidewalks is consistent with the approved plan. or 5. No piping, other than those minimum amounts needed under a Y N driveway or under a road, has been added. or 6. The lot grading, road grading, vegetated conveyances, piping, Y N inverts, and elevations are consistent with the approved plans. or Provide an explanation below for every MDC that was not met, and for every item marked "NIA" or "N/E." Attach additional pages as needed. Page 7 of 7 State Stormwater Management Permit No, SW8 000523 Attachment C - Permitting History House of Silk Flowers Permit No. SW8 000523 Approval Date Permit Action BiMS Version Description of the Changes Original approval included and approved a 30% Original Low Density project (chloride testing, not subject 2/15/2001 Approval 1.0 to SA requirements) with 79,279 square feet of proposed built -upon area (BUA) as well as 65,340 square feet of existing (pre-1988) BUA. This major modification included the addition of a second Low Density Drainage Area (DA2), which is subject to the 2017 SA requirements. DA2 must remain at or below a density of 12%. This approval includes 33,815 square feet of BUA in DA2, along Major with 103,711 square feet of pervious gravel (#57 2/14/2020 Modification 1 1 stone laid at least 4" thick over geotextile fabric). This modification also includes some proposed BUA allocations as well as 51,446 square feet of pervious gravel in DA1. Lastly, this modification includes a proposed outparcel in DA l with an area of 50,094.89 and a BUA allocation of 15,000 square feet. Page 1 of 1 DEMLR USE ONLY Date R ceiv�d Fee Paid Permit Number aoo IIt Sa E-o wS Oa 3 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 M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM 7'his forth inny be photocopied for use as an original 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.): House of Silk Flowers 2. Location of Project (street address): 2660 NC Hwv 101 City: Beaufort County: Car 3. Directions to project (from nearest major intersection): Zip: 28516 From the intersection of US Hwv 70 and NC Hwv 101, head northeast on NC I-iwv 101. 1'roiect is eiLyht miles on right 4. Latitude:34° 48' 45.69" N Longitude:76° 40' 31.74" W of the main entrance to the project. IL PERMIT INFORMATION: 1,a.Spec ify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenezoals u4th inodifical ions also requires SVVU-102 - Renezml Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number 8000523 , its issue date (if known) February 15, 2001 , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certifical on 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, fist 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): ❑LAMA Major ®Sedimentation/Erosion Control: 5.6S ac of Disturbed Area ❑NPDES Industrial Stormwater ❑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: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part VI: http_ 1portal.ncdenr.orgZweb/Ir/rules-and-regulations Fig A 2020 B. Form SWU-101 Version Oct. 31, 2013 Page I of 1 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: Nabil Chaanine Signing Official & Title: Nabil Chaanine, Property Owner b.Contact information for person listed in item 1a above: Street Address: 413 Blair Pointe Road City: Morehead City Mailing Address (if applicable): PO Box 598 City:Morehead City Phone: ( 252 ) 251-8882 Email: bchaanineQhouseofsilkflowers.com State: NC State: NC Fax: ( ) Zip: 28557-4734 Zip: 28557-4734 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/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: State: Mailing Address (if applicable): City: State: Zip: Phone: ( ) Fax: ( } Email: 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: ( ) l;mail: 4. Local jurisdiction for building permits: Carteret Count State: I�ax: Point of Contact: Gene Foxworth Phone #: 252 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 Zip: � IVEIFI �020 BY:_ Ill. 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:Chaanine Ventures, i.LC Signing Official & Title: Kristie Chaanine, General Manager b.Contact information for person listed in item 1a above: Street Address: 413 Blair Pointe Road City: Morehead Cites_ State: NC Zip: 28557-4734 Mailing Address (if applicable):PO Box 598 City:Morehead City State: NC Zip: 285574734 Phone: ( 252 ) 251-8882 Fax: ( _ Email: kchaanine©houseofsilkflowers.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. ("Phis is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if ap City: Phone: f ) E-mail: State: Zip: State: Zi Pax: ( ) 3. a. (Optional) Print the name and title of another contact such as the projects 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 Add City: State: Phone: ( ) _ Fax: Ismail: 4. Local jurisdiction for building permits: Carteret Coun Zip: Point of Contact: Gene Foxworth Phone #: 252 728-8545 � �% Form SWU-101 Version Oct. 31, 2013 Page 2 ol'6 8Y: IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be with sheetflow draina 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 White Oak River basin. 4. Total Property Area: 14.43 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: 14.43 acres + Total project area shall be calculated to exclude the followin >: the normal pool of impounded structures, [he area between the batiks of streams and rivers, the area below the N ormal High Water (NHW) line or Mean High Water (NIHM line, and coastal wetlands landward front the NHW (or MHM line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MPIW) line ntay be included in [lie total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 29.21 % 9. I -low many drainage areas does the project have?2 (For high density, count 7 for each proposed engineered storntutater 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. __*k_-A` DAl C>A8. Basin Information Drainage Area _ Draina e Area 1 Drainage Area 2 Drainage Area _ Receiving Stream Name Eastman Creek Eastman Creek Eastman Creek Stream Class * SA;HQW SC (chlorides) SA;I-IQW Stream Index Number * 21-24-1 21-24-1 21-24-1 Total Drainage Area (sf) 628,541,33 346,744.16 281,797.17 On -site Drainage Area (sf) 628,541,33 346,744.16 281,797.17 Off -site Drainage Area (sf) 0 0 0 Proposed Impervious Area** (sf) 183,576 149,761 33,815 % Impervious Area** total 29.21 % 43.19% 12% Impervious— Surface Area Drainage Area _ Drainage Area 1 Drainage Area 2 Drainage Area _ On -site Buildings/Lots (so 26,430 26,430 On -site Streets (so On -site Parking (sf) On -site Sidewalks (so 1,281 1,281 Other on -site (so 1.5,000 15,000 Future (so 12,335 4,950 7,385 Off -site (sf) Existing BUA*** (so 128,530 128,530 Total (so: 183,576 149,76"1 33,815 Stream Class and Index Number can be delennined at: littp.&ortal.ncdetir.org web/wyc(ps/cstc%lassi cations ** Impervious area is defined as the built upon area including, but not litnited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 11. How was the off -site impervious area fisted above determined? Provide documentation. N/A Projects in Union County: Contact DEMLR Central Office staJJfto check if the project is located within a Threatened & Endangered .Species watershed that may he subject to mare stringent stormwater requirements as per 15,4 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 http://portal.ncdenr.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 htte://portal. ncdenr.org/web/wq/ws/su/statesw/forms_docs. 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 http://port�al.ncdenr.org/webZwgZws/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://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. nitials 1. Original and one corn/ 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 VIl below) f t� 3. Original of the applicable Supplement Form(s) (sealed, sited 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 tof �J) http://www.enyhc!lp.org/pages/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'/z mile of the site boundary, include the'/s 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 MI-IW or NI-IW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impound 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. ay` 1. 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. o. Drainage areas delineated (included in the main set of plans, not as a separate document). M � l vjz . F�'p 0 4 �2Q Form SWU-101 Version Oct. 31, 2013 Page 4 of p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify IA - 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 DEMLR to verrfy the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 1263/1583 Page No: 453/124 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 la, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LI_C must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretary,st,ite.IIC.us/Corporatioiis/CSearch.aspx VIL 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 http:l/portal.ncdenr.org/web/lr/state- stormwater-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 DEMLR, and that they will be recorded prior to the sale of any lot. Vill. 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: Ginger Y. Turner, PE. Consulting Firm: The Cullipher Group, PA Mailing Address: 151-A Hwy 24 _ City: Morehead City _ Phone: ( 252_ ) 773-0090 _ Emai]:--ginger@tcgpa.com State: NC Zip: 28557 Fax: ( ) IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type rrnttre of person listen in Contact Information, item 2n) , certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed ill Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item ?a) 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. �Fff Er Form SWU-101 Version Oct. 31, 2013 Page 5 of6 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 "I) dissolves their company and/or cancels or defaults oil 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 Porm 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: I, , a Notary Public for the State of , County of do hereby certify that before me this _ day of personally appeared 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 hfpe name of person listen in Contact Information, item Ia) Nabil Chnanine, Properhi Owner , 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 confor Lance with the approved plans, that the required deed restrictions and protective covenants will be r orde ar�d that the proposed project complies with the requirements of the applicable stormwater rules Eder AZNCAC 21-1 .1000 and any other applicable state stormwater requirements. S Date: 0/_ Z Z -3-d Ih,a Notary Public for the State of N �_ _ _ County of do hereby certify that WQb1I ��t T�lQ(i1Y1� personally appeared before me this 22day of '2U and a nowledge the �due execution of the application for a stormwater permit. Witness my hand and official seal, K - 6D&� �;i��ai6ltilea/ FOGAt ,. aOTARy: or =J x PUBL1G� kaat�� SEAL My commission expires ILVtmber 'C_C_1 , Q-029 FIS d 4 2020 BY:_ _ Form S WU-101 Version Oct. 31, 2013 Page 6 of 6 ,� ,t,�.� _ `ram �; .- �;_ -� �. Y �] � �- ._( ���` ;{ r�r _ • �., t� , //� ti' 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 Stormwa ter permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify I)hMLR 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: 11 a Notary Public for the State of do hereby certify that Date: County of personally appeared before me this _ day of , and acknowledge the due execution of the application for a stornmwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or type mare of person listed in Contact Information, itern 7a) Kristie Cha ynine, General Mann er 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 stornwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature. Date: 1, L �l -0 Q • �j� C0), a Notary Public for the State of QC County of do hereby certify that Y t personally appeared before me this 22 day of ,2U2U, and ac nowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, .AtIMA.. j *0TA!? la 01� �a o- y' PUBI,k NON Iloilo SEAL My commission expires N(Nembe_V 2D .. 209- } ECEIVE" FEW O 4 2020 BYE Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 1 Low Density Commercial Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. The following deed restrictions and covenants must be recorded prior to the sale of any lot: I, Chaanine Ventures, LLC , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot within the project known as House of Silk Flowers, Future Outparcel 1 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000523 , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. A The maximum allowable built -upon area per lot is see below square feet. *Note: If the BUA per lot varies, please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot: The maximum allowable built -upon area per lot is as follows. - Lot 4 Max. BUA Lot 4 Max. BUA Lot # Max. BUA 1 15,000 SF These allotted amounts include 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. 7, In the case of a lot within CAMA `s regulated AEC, if the built -upon area for that lot, as calculated by CAMA, is less than the amount shown in these restrictions, the most restrictive BUA will be the maximum permitted limit for that lot. 8 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 9. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30** foot from the mean high water mark of surface waters. 11. Each lot, whose ownership is not retained by the permittee, shall submit a separate stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. The application shall demonstrate compliance with the maximum BUA limit and the low density requirements set forth in 15A NCAC 2H.1000. Lots whose ownership is retained by the permittee shall be submitted as modifications to the original permit. 05I **50 foot for projects located in the 20 coastal counties. j 4� Form DRPC-4 Rev.3 05Nov2009 Page 1 oi'2 12. The maximum assigned built -upon area limit shall not be exceeded on any lot, unless the permit is modified to high density for all the lots in the permitted subdivision. Signature: Date: /-2 - aO,-DO , a Notary Public in the State of County of ODL Lff C J , do hereby certify that \ l . 1 personally appeared before me this the 22 day of _dPjnUa V , 20 2D , and acknowledge the due execution of the foregoing instrument. Witness m and and off' 'al s al, SEAL �. Notary Signature \ -�,�� I` ¢ 0,6*����� My Commission expires 2U W 2 � �� ^ T A ;: [+ .� x = w AUBoc r �11��110 E IVE �r corm DRPC-4 Rev.3 05Nov2009 ['age 2 of 2 I Low Density Commercial Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. The following deed restrictions and covenants must be recorded prior to the sale of any lot: I, Nabii Chaanine , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot within the project known as House of Silk Flowers, Future Outparcel 1 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000523 , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is see below * square feet. *Note: If the BUA per lot varies, please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot: The maximum allowable built -upon area per lot is as follows: Lot # Max. 13UA Lot # Max. BUA Lot # Max. BUA 1 15,000 SF These allotted amounts include 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. 7. In the case of a lot within CAMA's regulated AEC, if the built -upon area for that lot, as calculated by CAMA, is less than the amount shown in these restrictions, the most restrictive BUA will be the maximum permitted limit for that lot. 8 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 9. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30** foot from the mean high water mark of surface waters. 11. Each lot, whose ownership is not retained by the permittee, shall submit a separate stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. The application shall demonstrate compliance with the maximum BUA limit and the low density requirements set forth in 15A NCAC 2H.1000. Lots whose ownership is retained by the permittee shall be submitted as modifications to the original permit. Sh **50 foot for projects located in the 20 coastal counties. _I V E rl Form DRPC-4 Rev.3 05Nov2009 Page I of 2 FEW 2020 8Y: - 12. The ma�num assiarj6d built -upon area limit shall not be exceeded on any lot, unless the permit is wilred-tvyrigh-tt ity�foC all the lots in the permitted subdivision. Signature: o/- .2 2 -- 2--cD I LCX , a Notary Public in the State of County of O o v E e.ye l , do hereby certify that (V(y,'nl ne . personally appeared before me this the 22 day of 20 20 , and acknowledge the due execution of the foregoing instrument. Witness m hand and oZial seal, SEAL 0%44I in Of Notary Signature 4& My Commission expires I ovunbe-Y 2_o 2(�20 0 T A Y o `— f G POBI► ` 1``� Itl =stRIZO r i FEB 4 4 gq�q BY• Form DRPC-4 Rev.3 05Nov209 Page 2 of 2