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SW8041120_HISTORICAL FILE_20190306
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW��G�i�U DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE "2&q�%�1�1�4 YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary- S. DANIEL SMITH interior Director, \larch 6, 2019 Pond Properties, Inc. Alin: William A. Brown P.O. Box 2,1118 Morehead City, NC 25557 NORTH CAROLINA Environmental Quality Subject: Notice ofl'ermit Extension and Rcric%val Request State Stormwater-Managenicnt Verinit No. SWS 041120 fond .Propurties Connnercial Development Carteret Counly Dear NIF. Browtl: I -Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Filergy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older Stormwater perinits issued prior to August 1, 2013 until they are modified; transferred, or renewed.,Please note that this letter references DLMLR as the Division responsible for issuance of the permit. On August 5, 2009; the Governor signed Session Law 2009-106. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2005, and December 31, 2010. The law extended the effective period of any storrnwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit, which was set to expire on December 25, 2019, shall now be effective from the date of issuance until December 28, 2018, whieh includes all available extensions. State Stornivater,Management Permit #SWS 041 120 for the subject project was last issued on December 28, 2004 to Pond Properties, inc. and expired on December 25, 2018 as noted above. Per 15A NCAC 2H.1045(3) (the stornzwoter miles), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit. and must be accompanied by a processing fee, which is currently set at S505.00. If this is still an active project, please complete and submit a renewal application prior to April 9, 2EI19. The renewal application can be found at the following website under the Applications Forms section: baps://(Ieq.iic.gov/about/ciivisioiis/energy-iniiieral -land-resources/energy-ntiTICral-land-rules/storm«°ater- program/post-construction. Please note that if they have not already been submitted to the Division, the permit renewal request must be accompanied by the required Designer's Certification and the recorded documents (if applicable). if this project has not been constructed and a permit is no longer needed, please submit a request to have, the permit rescinded. Additionally, a review of the .North Carolina Secretary of State corporation's database revealed that the corporation is suspended. During this suspension, corporate acts performed or attempted will be invalid. in order to correct (tic deficiency and attain reinstatement so that the permit can Ile renewed, yoga must contact the NC Department of fievenue at (877) 252-3052. Please be advised that you are required to comply with the terms; conditions and limitations of the Stormwater ,tilanagernent i'erinit under Title 15A North Carolina A(Irninistrative Code 2H .1003 and tNrorth Carolina General Statute l d3-21 4.7 until you submit the required Ptmiiit Transfer Application Form to the Division and receive approval from the Division to transfer the permit or, if the site has not been built, submit a request to rescind the permit and receive approval. This includes providing the necessary operation and rnailttertanee of the permitted storrnwater system. The Permit `transfer Application form is available on our website at: https://Cleq.nc.gov/about/divisions/energy-iniiieral-land-resources/energy-mineral-land-rules/storniwater- prograrn/post-construction. iM 1North Carolina Department ofEnvironmentalQuatity i Division ofEnergy, Mineraland Land Resources �� Wilmington Regional office 1 127 Cardinal Drive r:xiension I Wilmington, North Carolina '28405 a r� cnao a ^°11.'m\ 910.7967215 State Storrnwater Permit :No. SW8 04 1 ] 20 Page 2 of 2 The operation of the storrnwater u'eatmem system without a valid and active permit; and/or failure to provide the Designer's Certification and/or failure to operate and rnaintain the stormwater treatment system, are violations of \CGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions regarding this matter; please contact Garrett lorda at (910) 796-7215 or garrett.zorda@ncdenr.gov. ncdenr.gov. sincerely; r. Danny Srnith, Interim Director Division of Energy, Mineral and Land Resources GDS/gdz: Projects12004104 1120 f-IM2019 03 rec_ren 041120 cc: Wilmington Regional Office Pile State Stormwater Management Systems Permit No. SW8 041120 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO William A. Brown, Pond Properties, Inc. Pond Properties Commercial Development Carteret County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 28, 2014, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 62,316 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2of7 State Stormwater Management Systems Permit No. SW8 041120 C: The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 1.82 Onsite, ft : 79,113 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 62,316 C. Design Storm, inches: 1 d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 90 f. Permanent Pool Elevation, FMSL: 12.0 g. Permanent Pool Surface Area, ft2: 5,672 h. Permitted Storage Volume, ft3: 6,747 i. Temporary Storage Elevation, FMSL: 13.0 j. Controlling Orifice: 1.25" 0 pipe k. Permitted Forebay Volume, ft3: 3,158 I. Receiving Stream/River Basin: Hull Swamp 1 White Oak M. Stream Index Number: WOK03 21-15 n. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 041120 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 118 horsepower. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee,.. for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 041120 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. z 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this 28th day of December 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 Pond Properties SW8 041120 Subject: Pond Properties SW8 041120 From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Wed, 15 Dec 2004 16:11:43 -0500 To: Ginger Turner <GTurner@stroudengineer. com> Ginger: The revised supplement: shows a new forebay bottom elevation at 8, but none of the plans you submitted reflects this change. Please revise all the details that still currently show the forebay bottom at elevation 9, and send me 2 revised sets. Thanks, Linda 1 of 1 12/15/2004 4:11 PM Re: SW8 020830 - DWQ#98-0590 r Subject: Re: SW8 020830 - DWQ#98-0590 From: Linda Lewis <Linda.Lewis@ncmail. net> Date: Mon, 06 Dec 2004 17:10:43 -0500 To: ginger turner <gturner@stroudengineer.com> Ginger: I barely recall seeing a fax, but cannot locate the file at the moment. The fax should be in the file. I'll have my admin person look for it in the morning. if we can't find the fax in the file, I'll email you tomorrow to request that you resend it with my apologies. I'm doing very little in the regular program- just clearing off my previous projects as they submit. That may be why you received no response. I can't even remember what the issue was anymore. Ps- on the Pond Properties Commercial Site, Express permit application, the pemanent pool volume has been reduced by such a large amount that the forebay volume is now almost 25* of the total volume, which is about 3W over the max. limit of 18%-22%. Please either reduce the forebay volume, or make the forebay as deep as the pond. Linda ginger turner wrote: Linda and Ed, In August of this year we faxed a memo with an attached sketch for the above referenced project. We have not heard a response concerning these sketches and wanted to know if you ever received them and if so how we need to proceed. if not I will fax them again. Thanks, Ginger Turner, E.I. Stroud Engineering, P.A. 151-A Hwy 24 Morehead City, NC 28557 (252) 247-7479 (252) 247-4098 (fax) 1 of 1 12/8/2004 12:08 PM Re: SW8 020830 - DWQ#98-0590 i Subject: Re: SW8 020830 - DWQ#98-0590 From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Tue, 07 Dec 2004 t 0:07:33 -0500 To: ginger turner <gturner@stroudengineer.com> Ginger: As long as the forebay depth is the same as the design depth for the pond, it doesn't matter if the forebay volume exceeds the 18%-22% range. The 18%-22% percent applies only when the forebay is shallower than the main pond. The design depth is important in that it is the major player in the stormwater model that the State used to develop the SA/DA tables. The forebay area is included in the surface area being provided at the permanent pool. If the forebay is shallower than the main pond, and is very large, then we lose design depth that is necessary to assure that the TSS removal rate is being met. By keeping the volume between 18% and 22% or keeping the same design depth, the pond can meet the TSS removal requirements. Linda ginger turner wrote: LINDA, BAKING THE FOREBAY 4' DEEP WILL GIVE A VOLUME OF 3158CF WHICH WILL BE 29% OF THE PP VOLUME. IS THIS OK? -----Original message ----- From: Linda Lewis [mailto Sent: Monday, December 06, To: ginger turner Subject: Re: SW8 020830 - Ginger: Linda.Lewis@ncmail.netl 2004 5:11 PM DWQ#98-0590 I barely recall seeing a fax, but cannot locate the file at the moment. The fax should be in the file. I'll have my admin person look for it in the morning. If we can't find the fax in the file, I'll email you tomorrow to request that you resend it with my apologies. I'm doing very little in the regular program- just clearing off my previous projects as they submit. That may be why you received no response. I can't even remember what the issue was anymore. PS- on the Pond Properties Commercial Site, Express permit application, the pemanent pool volume has been reduced by such a large amount that the forebay volume is now almost 25% of the total volume, which is about 3% over the max. limit of 18%-22%. Please either reduce the forebay volume, or make the forebay as deep as the pond. Linda ginger turner wrote: Linda and Ed, In August of this year we faxed a memo with,an attached sketch for the above referenced project. We have not heard a response concerning these 1 of 2 12/8/2004 12:09 PM Re: SW8 020830 - DWQ##98-0590 sketches and wanted to know if you ever received them and if so how we need to proceed. If not I will fax them again. Thanks, Ginger Turner, E.I. Stroud Engineering, P.A. 151-A Hwy 24 Morehead City, NC 28557 (252) 247-7479 (252) 247-4098 (fax) 2 of 2 12/8/2004 12:09 PM STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 s MOREHEAD CITY, NC 28557 (252) 247-7479 TO N6DFNR-DIV0FiWA7FRQ)lnC1TY r2:2-CAQW AL, DR- E�9--- WLNIWC-,-mN za c aS405 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ❑ Attached ❑ Under separate cover via ❑ Prints ❑ Change order 71 0 Plans METffr[K� O1� 4 A MMVUZI! l DATE i ^ ,^rr��'f Ll JjOfF31NO. pnib-2 f r 4uTJ_ A✓�i{� ATTENTION f lj� j V RE: 1�NC�?f'ZLAJb ffSC_0(W"-f V�jx W� 112D ❑ Samples the following items: ZI Specifications COPIES DATE NO. DESCRIPTION 2 _V SED lSED CA-LcuL T)01QS shee.-#-5 1 2 vv1111—i?01 aid- SWU--1 2 P UhUhIVE C 0 3 2004 w@ THESE ARE TRANSMITTED as checked below: ❑ For approval �❑ For your use r1� As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS YRoa # t 10U- I If L:U ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US yV7 COPY TO SIGNED: If enclosures are not as noted, kindly notlfy us a ce. T R STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY.24 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 December 1, 2004 Ms. Linda Lewis NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Response for Additional Information Stormwater Project No. SW8 041120 Pond Properties Commercial Development Carteret County Dear Ms. Lewis, RECEIVED DEC 0 3 2004 DWQ PROd # Our office received your request for additional information by email on November 30, 2004. The following information is provided for you to continue your review. 1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. A note that no wetlands exist can be found on Sheet lef 5, however I put this same note on Sheet 3 of 5 for further clarification. 2, Please specify that the wetland species are to be planted on the 6:1 shefarea, not just the "perimeter ". The note concerning the planting of wetland species on Sheet 5 of 5 has been modified to be planted on the 6:1 shelf area, instead of perimeter. 3. Please provide a 10' wide vegetated shelf, per the BMP Manual. A 10' wide vegetated shelf has been added to the pond and volumes have been re -calculated for this revision. 4. The calculations are based on a 6' deep pond, however, the pond appears to be only 4' deep, Please revise accordingly. The calculations are actually based on a 4' depth. The 6' depth on the first page of calculations was an error and has been revised accordingly. 5. Please include the easement area pavement in the pond drainage area and built -upon area calculations, and revise the application accordingly. The existing pavement area (east side) of the drive has been included in the drainage area for the pond and the calculations and applications have been revised accordingly. 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 26403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 6. The existing BUA appears to be located underneath the proposed BUA. In this case, you need not separate the existing BUA from the proposed BUA. Please remove the 5,225 square feet of "Existing Impervious Area " reported in the top part of Section III.6 on the application, and report the "Proposed Impervious Area " as 62,316 square feet. The application has been revised, removing the existing impervious area from the top part of Section 1I1.6 and including it in the On -site parking line item. Since we are modifying the existing drive We are assuming the entire drive as proposed impervious, no existing. 7. The supplement reports that the permanent pool surface area is 5,558 square feet while the calculations use 5, 672 square feet. The application has been modified to report the provided permanent pool surface area. 8. The supplement reports that the temporary pool volume is 5,067 cubic feet while the calculations use 6,747 at elevation 13. For both items 7 & 8, the supplement should report the areas, volumes and elevations that are provided in the pond, not the minimums required. The calculations already cover the minimum requirements. The application has been modified to report the provided temporary pool volume. If you have any additional questions or comments, please do not hesitate to contact me. Sincerely, b4 jt�� Ginger Turner Entity Names Page 1 of 1 North Carolina Elaine F Marshall DEPARTMENT or. "rFIE Secretary S ECRETARY OF S TA TE Corporations GCorporations Home *Important Notice *Corporate Forms/Fees eCorporations FAQ *Tobacco Manufacturers eVerify Certification °Online Annual Reports Links *Secretary Of State Home °Business License RRegister for F-Procuremer *Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 *Corporations 1997 00ther Legislation Search "By Corporate Name *For New Corporation •By Registered Agent Online Orders "Start An Order GNew Payment Procedures PO Box 29622 Raleigh, NC 27626-0622 (919)807.2225 Date: 11 /29/2004 Click here to: View Document Filings I %Print a pre -populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Pond Properties, Inc. Legal Business Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0663315 Current -Active 2/12/2003 Domestic NC Perpetual Agent Name: Brown, William A. Registered Office Address: 5305 High Street Morehead City NC 28557 Registered Mailing Address: Principal Office Address: 5305 High Street Morehead City NC 28557 Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms. http://www.secretary.state.ne.us/Corporations/soskb/Corp.asp?5612813 11 /29/2004 S OS I D: 663315 Date Filed: 211212003 11:37:01) AM 231 Elaine F. Marshall 031 5003 North Carolina Secretary of State ARTICLES OF INCORPORATION OF POND PROPERTIES, INC. Pursuant to Section 55-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purposes of forming a business corporation. 1. NAME. The name of the corporation is POND PROPERTIES, INC. 2. AUTHORIZED CAPITAL. The number of shares the corporation is authorized to issue is 100,000 shares, all of one class, designated as common stock, with no par value. REGISTERED OFFICE AND AGENT. The street address and county of the initial registered office of the corporation is 5305 High Street, Morehead City, Carteret County, North Carolina 28557, and the name of the registered agent William A. Brown. The mailing address of the initial registered office is 5305 High Street, Morehead City, North Carolina 28557. 4. INITIAL DIRECTORS The number of directors of the corporation may be fixed in the By -Laws. The number of persons constituting the initial board of directors shall be two (2). The name and address of the persons who are to serve as the initial directors until his/her successors are elected and qualified are: NAME ADDRESS William A. Brown 5305 High Street Morehead City, NC 28557 Larry Styron 5305 High Street Morehead City, NC 28557 5. INDEMNIFICATION OF OFFICERS AND DIRECTORS. To the fullest extent permitted by North Carolina General Statutes Section 55-8-57(a) and all other applicable provisions of the NORTH CAROLINA BUSINESS CORPORATION ACT, as the same now exists or may hereafter be amended, the Corporation shall indemnify all persons serving as officers or directors of the Corporation, or in both such capacities, against all liability and litigation expense, including but not limited to reasonable attorneys' fees, arising out of their status as such or their activities in any of the foregoing capacities, regardless of when such status existed or activity occurred and regardless of whether or not they are officers or directors of the Corporation at the time such indernnifiication is sought or obtained. Without limiting the generality of the foregoing indemnity, such persons may also recover from the Corporation all reasonable costs, expenses, and attorneys' fees in connection with the enforcement of rights to indemnification granted by this Paragraph. The provisions of this paragraph are in addition to and not in limitation of the power of the Corporation with respect to, and the rights of any officer, director, employee or agent of the Corporation to receive the benefits of, any other or further indemnification, insurance, elimination of liability or other right or benefit which is either required by the NORTH CAROLINA BUSINESS CORPORATION ACT or permitted thereby and duly adopted by the Corporation in accordance therewith. 6. PERSONAL LIABILITY OF DIRECTORS. The personal liability of each director of the Corporation is hereby eliminated to the fullest extent that elimination thereof is permitted by North Carolina General Statutes Section 55-2-02(b)(3) and all other applicable provisions of the NORTH CAROLINA BUSINESS CORPORATION ACT, as the same now exists or may hereafter be amended. 7. EFFECTIVE TIME OFFILING. Pursuant to North Carolina General Statutes Section 55-1-23(a)(2), this document shall be effective at 12:00:01am on date on which it is filed by the Office of the Secretary of State of North Carolina. 8. INCORPORATOR. The incorporator shall perform the ministerial function of signing and submitting the Articles of Incorporation to the Office of the Secretary of State. The incorporator shall have no other power or duty regarding the corporation. The name and address of the incorporator is: John M. Harris, 304 North 351h Street, Morehead City, Carteret County, North Carolina 28557. This the day of ire6 ``u 7 _ f�, 2993. for C D-479 (35) Business Corporation II 9-1"3 North Carolina Annual Report Name of Corporation: POND PROPERTIES INC use Win tom, only Cordactthe KC.t flew tom !or tit: pation"Ps. and SOSID: (1663315 Date Filed: 9/16/2004 9:42:00 AM Elaine F. Marshall North Carolina Secretary of State 2004 222 0137I state of Incorporation: NORTH CAROLIINIA Fiscal Year Ending: 12 31 03 Month r Day f Year S�aetery of State Corp. ID Number. Federal Employer ID Number: 651174530 If is Is the Initial annual report filing, you must complete the entire form. If your business corporatlon's ir#orrnatlon has not changed since the previous report, check the box and complete Una 7 only. 1; Registered anent & registered off+s.atreii address: (Must be a North Carolina Address) Norm: Lvt 1tl Qrrt A. &0lon Street Address: r City. State, Z1p County: CARTERET 2 Mailing address if different from street address: Malting Address: P O SOX 2418 city, stale, zip code.. MOR11tHZAD CIY N C 28557 31 it registered agent changed, signature of new agent I aig� co�at;lutrs oataeret m ttw appointrnan! 3 4 Enter principal office address and telephone number here: SOWAddma: 5305 HIGH STREET City, State, Zip Code: MOREHEAD CITY N C 28557 Te{ep 252-726-1005 5.j Briefly describe the nature of business: RENTAL REAL ESTATE 6. Enter name, title, and business address of principal officers here: Complete Form CD479A to list additional principal officers Name: WILLIAM A BROWN Title: PRESIDENT dress: P 0 SOX 2 418 MOREHEAD CITY State: N C Zip: 28557 erne: LARRY W STYRON Title: V PRES i SECY—TRZAS ddresa: 5440 I= 10 WEST ity: MOREHEAD CITY State. NC Zip: 28557 ame: TWO: ddress: ity: State: Zlp: r, "rtmeation or annual report (Must De compietea try au corporationsp. SVmt n (Form mint be signed by an aM w of oorporatbn) WILLIAM A BROWN 07 23 04 Dore PRESIDENT — " IIIIYhIIIA_Illlll�dlllll hIIIIIIIlYRu1Ntl WA TFRQ Michael F. Easley, Governor William G. Ross, Jr., Secretary 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 29, 2004 Mr. William A. Brown, President Pond Properties, Inc. PO Box 2418 Morehead City, NC 28557 Subject: Request for Additional Information Stormwater Project No. SW8 041120 Pond Properties Commercial Development Carteret County Dear Mr. Brown: The Wilmington Regional Office received an Express Stormwater Management Permit Application for Pond Properties Commercial Development on November 23, 2004, with a scheduled review date of November 29, 2004. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. 2. Please specify that the wetland species are to be planted on the 6:1 shelf area, not just the "perimeter". 3. Please provide a 10' wide vegetated shelf, per the BMP Manual. 4. The calculations are based on a 6' deep pond, however, the pond appears to be only 4' deep. Please revise accordingly.' 5. Please include the easement area pavement in the pond drainage area and built - upon area calculations, and revise the application accordingly. 6. The existing BUA appears to be located underneath the proposed BUA. In this case, you need not separate the existing BUA from the proposed BUA. Please remove the 5,225 square feet of "Existing Impervious Area" reported in the top part of Section 111.6 on the application, and report the "Proposed Impervious Area" as 62,316 square feet. 7. The supplement reports that the permanent pool surface area is 5,558 square feet while the calculations use 5,672 square feet. 8. The supplement reports that the temporary pool volume is 5,067 cubic feet while the calculations use 6,747 at elevation 13. For both items 7 & 8, the supplement should report the areas, volumes and elevations that are provided in the pond, not the minimums required. The calculations already cover the minimum requirements. North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405.3845 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Phone (910) 395-3900 Customer Service 1-877-623-6748 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us One NorthCarolina Naturallil Mr. Brown November 29, 2004 Stormwater Application No. SW8 041120 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to December 6, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at.(910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATIADDINF0120041041120.nov04 cc: Ron Cullipher, P,E., Stroud Engineering -MC Office Linda Lewis Page _2 of 2 OFFt@EUSEONLYA_,"�� Date Received Fee Paid Permit Number /I - State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): POND PROPERTIES INC. 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): WILLIAM A. BROWN, PRESIDENT 3. Mailing Address for person listed in item 2 above: P.O. BOX 2418 City: MOREHEAD CITY State: NC Zip: 28557 Telephone Number: 252 726-1005 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): .POND PROPERTIES COMMERCIAL DEVELOPMENT 5. Location of Project (street address): HIGHWAY 70 WEST City: MOREHEAD CITY County: CARTERET 6. Directions to project (from nearest major intersection): FROM INTERSECTION OF HWY 70 AND HWY 24, TAKE HWY 70 WEST APPROXIMATELY 2 MILES, LOCATED ON RIGHT AT CORNER OF GLADYS TEASLEY 7. Latitude: 34^44'40" Longitude: 76^49131" 8. Contact person who can answer questions about the project: Name: RONALD D. CULLIPHER, PE Telephone Number: ( 252 11. PERMIT INFORMATION: 1. Specify whether project is (check one): '"' New of project 247-7479 Renewal Modification Form SWU-101 Version 3.99 Page i of 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) It 3. Specify the type of project (check one): Low Density ✓ High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major ✓ Sedimentation/Erosion Control _404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. ALL STORMWATER FROM THE IMPERVIOUS SURFACES SHALL FLOW INTO THE RETENTION POND. WATER SHALL BE RELEASED OVER A 2-5 DAY PERIOD. 2. Stormwater runoff from this project drains to the 3. Total Project Area: 2.99 acres WHITE OAK 5. How many drainage areas does the project have? 1 River basin. 4. Project Built Upon Area: 73.68 % 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. w„ �r : �, S, M E :Basal Iriformatton r$ .x �apaa � ^'i,'K. ri q aSi `� £ �') re ` h 4 Drainage Area 1 r� $E�txY,:. " ' `� � - a h _ .� g"" r.` 5 )$ Drainage.Area 2;� <` E.'f� Receiving Stream Name HULL SWAMP Receiving Stream Class C Drainage Area 74,600 SF Existing Impervious* Area 5,225 SF Proposed Impervious*Area 57,091 SF % Impervious* Area (total) 76.53% Impervious Surface Aiea ,,_,.17ratage Drainage AreaY x `' On -site Buildings 17,850 SF On -site Streets On -site Parking 37,213 SF On -site Sidewalks 2,028 SF Other on -site (EX, ROAD) 5,225 SF Off -site Total: 62,316 SF Total: * Impervious area is defined as the built upon area including, but not Iimited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7 How was the off -site impervious area listed above derived?. NIA IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number NIA as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than N/A square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 Vl. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form �, • One copy of the applicable Supplement Form(s) for each BMP 09C • Permit application processing fee 464201payable to NCDENR) j�-� �55 X • Detailed narrative description of stormwater treatment/ manage me t • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Stroud Engineering, P.A. Mailing Address: 151-A Hwy 24 City: Morehead City State: NC Zip: 28557 Phone:( 252 ) 247-7479 Fax: ( 252 ) 247-4098 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) WILLIAM A. BROWN, PRESIDENT certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Signature: t '-�� r-� Date: Form SWU-101 Version 3.99 Page 4 of 4 C Permit No. tt k cab �- •ZO (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for rise as an original 17�NQ Stormwater Management Plan Review: A. complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. 3. PROJECT INFORMATION Project Name: POND PROPERTIES COMMERCIAL DEVELOPMENT Contact Person: WILLIAM A. BROWN Phone Number: (252 Por projects with multiple basins, specify which basin this worksheet applies to: eirvations 726-1005 Basin Bottom Elevation 8.0 ft. (floor of the basin) Permanent Pool Elevation 12.0 ft. (elevation of the orifice) Temporary Pool Elevation 13.0 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area sq. ft. (water surface area at the orifice elevation) Drainage Area 1.71 ac. (on -site and off -site drainage to the basin) Impervious Area 62,316 ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 12,278 cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume -5T9&7& 41 cu. ft. (volume detained above the permanent pool) Forebay Volume 2,664 cu. fi. (approximately 20% of total volume) Other parameters SA/DA 1 7.45% (surface area to drainage area ratio from DWQ table) Diameter of Orifice 1-1/4 in. (2 to 5 day temporary pool draw -down required) Design Rainfall 1.0 in. Design TSS Removal z 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design 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. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. 2� c. The temporary pool controls runoff from the design storm event. 1249C } d. The temporary pool draws down in 2 to 5 days. H° ( N c. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3.1. �- / C g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). E� i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- -TV 4' �i? �Z b tuk`17 of -way. (Z �X_. __ 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. ML m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does . 0 oes not This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.00 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 12.0 Sediment Re oval El. 9.75 75 a ation __��-�% Sediment Removal Elevation g'0 75% BottomEle -------------------------------------- Bottom Elevation 8.0 125% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: WI LLIAM A. BROWN Title: PRESIDENT Address: P.O. BOX 2418 MOREHEAD CITY, NC 28557 Phone: (252) 726-1005 A Signature: Date: 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. I, MN-mcw� Bot,,,-m 4 c _ a Notary Public for the State of 1�ozTA Cc.kzc uN3 A , County of e�_ _ , do hereby certify that _\(3%k t� - �i2�;(.3r 1 __ personally appeared before me this 9'-'v day of _ IVY t �8��_ ZGC} and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, - SEAL My commission expires__ C7Z�G�' Form SWU-102 Rev 3.99 Page 4 of 4 I Narrative Erosion and Sedimentation Control Plan Stortnwater Management Plan POND PROPERTIES COMMERCIAL DEVELOPMENT November 16, 2004 Developer: Pond Properties, Inc 'P.O. Box 2418 Morehead City, NC 28557 Engineer: Stroud Engineering, P.A. 151-A Hwy 24 Morehead City, NC 28557 (252) 247-7479 A. Description of Project ! . Type of Development This project consists of construction of a 17850 sf building with associated parking designated for 89 vehicles, loading/unloading zone, driveway, drainage and site utilities. The site area is 2.176 acres. 2. Earth Disturbing Activities a. Excavation and fill for building foundation and floor slab. b. Grading associated with driveway and parking lot construction. C. Excavation and backfill for site utilities. d. Excavation and backfill for installation of site drainage and excavation of the proposed stormwater pond. 3. Soil types According to the Carteret County Soil Survey, the soils are classified as Onslow loamy sand and Lynchburg fine sandy loam. 4. Drainage The site presently drains by surface runoff from the rear of the property southward to Highway 70 and then westward to the existing canal eventually draining to Hull Swamp (Class C). Following construction, all stormwater will be directed to catch basins and drop inlets and then piped to a stormwater detention pond adjacent to the Highway 70 right of way. Discharge from the pond will be piped to the existing drainage located along Highway 70 West. B. Erosion and Sedimentation Control Measures The following measures are proposed for the site. If it becomes evident that additional erosion and sedimentation control measures are needed, they shall be installed immediately. It is intended that all grading and excavation activities within a certain area will be protected as soon as that activity is complete, 1. Sediment Fence - Sediment fence will be utilized as necessary in locations as shown on plans or as deemed necessary by the engineer to insure that off -site sedimentation in controlled. 2. Sediment Basins- The detention pond to be constructed between the parking lot an the highway will serve as a sediment basin during construction. Sediment volume from the earth disturbing activities draining to the pond is estimated to be 3083 cubic feet based on 2.0 acres of disturbance. The pond has a capacity in excess of 11600 cubic feet. Once construction is completed basin shall be cleaned to the original design depth. 3• Temporary Sediment Trap — A sediment trap will be constructed as shown on plans and serve to trap sediment and prevent from the sediment moving off -site in concentrated areas. 4. Riprap outlet protection- Riprap to be installed at locations shown on plans to reduce energy at high velocity areas. 5. Seeding - All disturbed areas will be seeded within 14 days following construction in accordance with the seeding schedule shown on plans. 6. Existing Asphalt Construction Entrance — Existing asphalt construction entrance will be used to reduce transport of sediment off site. Drop Inlet Protection - Inlet protection, silt fence around inlets, will be used to reduce the amount of sediment entering the storm drainage piping system during construction. C. Time Sequence of Operations 1. Remove and/or relocate any existing obstructions, 2. Install silt fencing at specified locations. 3. Clear and grub entire tract area for construction. 4. Excavate, rough grade and seed stormwater detention basin 5. Rough grade drive and parking area and begin preparation of building site. 6. Seed and mulch all areas of disturbance not to be paved within 14 days of land disturbance. 7. Install drop inlets and storm drainage piping within parking and drive area with sedimentation control measures as shown on detail. 8. Install utilities. 9. Fine grade drive and parking area and place stone base course. 10. Construct building. H. Install curb and gutter, pave drive and parking area. Q. Perform final grading, seed and mulch all remaining disturbed areas. 13. Remove accumulated sediment from stormwater detention basin and perform final grading of basin. 14, Install wet detention basin vegetation as specified on seeding schedule. D. Design Assumptions I. Design storm is ten years. 2. The rational method was used for design. E. Wet Detention Basin Operation and Maintenance 1. After every significant runoff producing rainfal I event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass cover, and general condition. b. Check and clear the orifice and overflow device of any obstructions. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (piping, flumes, swales, rip rap) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin systems semi-annually or when depth is reduced to 75% of the original design depth. Main Basin Forebav Pond original design depth: 4.00' 3.00' sediment removal benchmark depth: 3.00' 2.25' Removed sediment shall be disposed of in an appropriate manner in no way adversely impacting water quality. 5. Remove cattails and other indigenous plants when they cover 50% of the basin surface. F. Coastal Stormwater Regulations The North Carolina Division of Environmental Management implemented coastal stormwater regulations in coastal counties on January 1, 1988. these regulations are detailed in 15 NCAC 2H.1000 Stormwater Runoff Disposal. These rules allow for a development to be considered under various options. This project is submitted for approval consideration under Section .1003(d)(2). Ronald D. Cultiphep,♦' --T H,C,4q� .qe 0` 4SS/O• , a • 2 r• .p,�, `Y4k1101111N STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE JOB N ATTENTION i�t � _� �J�✓ �. l RE' yo,/l es ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use rAs requested For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED:h" If enclosures are not as noted, kindly notify us at o c . RE STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 n (252) 247-7479 TO NQU_EN�� W i �wt+noun t Nc. WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ❑ Attached ❑ Under separate cover via p Prints ❑ Plans ❑ Change order ❑ dIEVETIM oT � p M MPETUZM. nA7E i/ Al" ' N &(p—Z 7 '[T� AZ"TEN iION fw• RE: nn__ Svc II ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION SwV - 10 Z THESE ARE TRANSMITTED as checked below: ❑ For approval �© For your use _tiAs requested EJ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: ff enclosures are not as noted, kindly notify us at onLai. TO STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 r 1 (252) 247-7479 TO I� (`,-o`j/ etY U1lG THY 11g�� 121- CAIt.l&a_) L4�. C�7-4" W11 V14J' 0,0+m , �JC 2EIA c WE ARE SENDING YOU I 7 ❑ Shop drawings ❑ Copy of letter ❑ Prints ❑ Change orde separate cover via ❑ Plans r ❑ IIEUVI LN ®iF M �UV@WOVVIIL 1 � W) A" Iwo - �oi�o�yi I ems: Li Specifica COPIES DATE NO. DESCRIPTION 2 swu u I 4 sw L)- o2 ` c) ce ,� RECEIVE Z s THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints El ❑ PRINTS RETURNED AFTER LOAN TO US -TVLI4-:, i s 4�t/ n.WZ9, Y e,V( ew . —tti 0 . 4�ev- Pz� COPY TO SIGNED: If enclosures are not as noted, kindly notify us at e. �. I 1.. � r � y � � .. ,. ..'.. � � _ _ i � . 1 i t ! STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 TO NGDel',J 2. WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter Ll Change order ❑ GATE f 1 A I 71W& ZS ATTENTI6N ic..rn� RE: ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION iz°5 S !P L4 IGV l 5 YrY'j, Y THESE ARE TRANSMITTED as checked below: i❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US .rlr�l�r•� SIGNED: A� If enclosures are not as noted, kindly notify us at c . i � y . - + ' . i 5 5 �'� i �� 1 �� - � �, � , 1 =.y .• � NCDENR North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension, Wilmington, NC 28405 (910)395-3900 FAX (910)350-2004 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX to Cameron Weaver along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name WILLIAM A. BROWN, PRESIDENT COmnanV POND PROPERTIES, INC. Address P.O. BOX 2418 City/State MOREHEAD CITY, NC _Zlp 28557 County CARTERET Phone 252-726.1005 Fax 252-247-5880 Email PROJECT Name POND PROPERTIES COMMERCIAL DEVELOPMENT ENGINEER/CONSULTANT RONALD D. CULLIPHER, PE Company STROUD ENGINEERING, P.A. Address 151-A HVVY 24 CitylState MOREHEAD CITY, NC Zip 28557 County CARTERET Phone 252-247-7479 Fax 252-247-4098 Email rcullipher@stroudengineer.com ❑ STREAM ORIGINATION CERTIFICATION [] STORMWATER ❑ Low Density [ja High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ✓❑ LAND QUALITY ® Erasion and Sedimentation Control Plan with 3.0 acres to be disturbed. ---------- --------- ------------------------- ----------------------------------- ----------- --------------------------------------------------------------------------------- ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) []Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split formultiple permits: SW $ CAMA $ LQS $_ice ?9 401 $ Total tree Amount $ pate rued: Yllb/zuu4 Y:4/.:VU Aivr Elaine F. Marshall North Carolina Secretary of State 2004 222 01371 D-479 (SS) Business Corporation 9-1"3 North Carolina Annual Report *rne of Corporation: POND PROPERTIES INC . uaa a" ram only Unto the N.C. t R"o„kmtah Pw, ww Sate of IrKwpo.adon: NORTH CAROLIZ7A Flscai Year Ending: 12 31 03 Month 1 Day I YOU Secretary of Slate Corp. ID Number. >Federei Employer ID Number. 65117AS30 1 is is the Mal annual report filing, you must complete the entire form. if your business corporatfonas ❑ t raut3on has not changed since the previous report. check the box and complete Line 7 only. a* I Registered Went 8 re9istered afl%r l.sttM addrt'fss: (Must be a North Carolina Address) Wrne. (jdr (Q m A. 'oaan StnOOt Addread' — county: CARTnRT [ Ctty, state. ztecpw- 2 Mailing address if different from street address: Ma[Yng Address: P O BOX 2418 c[tyy, state. zip Code: MDPJMZRD CIY N C 28557 3 if registered agent changed, signature of new agent: [ aignabrs aomtlbrtrs aanenl >4 the avpotnen+ant 1 4 Enter prindpal office address and telephone number here: StreetAddmw: 5305 HIGH STREET off,seta,z[pcode: MO RH$AD CITY N C 28557 Telephone 252-726-1005 5. briefly describe the nature of business, RENTAL REAL 88TATE 6. Enter name, fitle, and business address of principal officers here: Complete Form CO-479A to list additional principal officers Name: WILLI7►M A BROWN Tilte: PRESIDENT P0B=2418 Ky I RERam CITY State: N C Zjp; 29537 ame: LAMY N STYRON fills: V VRZ$ 4 SRCY—TR18 5440 IM 70 WEST ny: 140nERAD CITY Stale: VC Lp: 28557 ame: Tills: dress: fly: State: Zip: 7. OrMication of annual report (Must be completed by all corporations). mat be sWed by an orttosr or aaporatlon) WILLIAM A BROW 07 23 04 Daft PA38IDzNT_. I. - 1111 11111111111111101 f I .. 2 rights to indemnification granted by this Paragraph. The provisions of this paragraph are in addition to and not in limitation of the power of the Corporation with respect to, and the rights of any officer, director, employee or agent of the Corporation to receive the benefits of, any other or further indemnification, insurance, elimination of liability or other right or benefit which is either required by the NORTH CAROLINA BUSINESS CORPORATION ACT or permitted thereby and duly adopted by the Corporation in accordance therewith. 6. PERSONAL LIABILITY OF DIRECTORS. The personal liability of each director of the Corporation is hereby eliminated to the fullest extent that elimination thereof is permitted by North Carolina General Statutes Section 55-2-02(b)(3) and all other applicable provisions of the NORTH CAROLINA BUSINESS CORPORATION ACT, as the same now exists or may hereafter be amended. 7. EFFECTIVE TIME OF FILING. Pursuant to North Carolina General Statutes Section 55-1-23(a)(2� this document shall be effective at 12.00:01am on date on which it is filed by the Office of the Secretary of State of North Carolina. 8. INCORPORATOR. The incorporator shall perform the ministerial function of signing and submitting the Articles of Incorporation to the Office of the Secretary of State. The incorporator shall have no other power or duty regarding the corporation. The name and address of the incorporator is: John M. Harris, 304 North 35`h Street, Morehead City, Carteret County, North Carolina 28557. This the day of ��"" 231037 5003 ARTICLES OF INCORPORATION OF POND PROPERTIES, INC. vate v'lleci: z/ LILuu3 !l:.i,l:uu Alvl Elaine F. Marshall North Carolina Secretary of State Pursuant to Section 55-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purposes of forming a business corporation. 1. NAME. The name of the corporation is POND PROPERTIES, INC. 2. AUTHORIZED CAPITAL. The number of shares the corporation is authorized to issue is 100,000 shares, all of one class, designated as common stock, with no par value. 3. REGISTERED OFFICE AND AGENT. The street address and county of the initial registered office of the corporation is 5305 High Street, Morehead City, Carteret County, North Carolina 28557, and the name of the registered agent William A. Brown. The mailing address of the initial registered office is 5305 High Street, Morehead City, North Carolina 28557. 4. INITIAL DIRECTORS. The number of directors of the corporation may be fixed in the By -Laws. The number of persons constituting the initial board of directors shall be two (2). The name and address of the persons who are to serve as the initial directors until his/her successors are elected and qualified are: NAME ADDRESS William A. Brown 5305 High Street Morehead City, NC 28557 Larry Styron 5305 High Street Morehead City, NC 28557 INDEMNIFICATION OF OFFICERS AND DIRECTORS. To the fullest extent permitted by North Carolina General Statutes Section 55-8-57(a) and all other applicable provisions of the NORTH CAROLINA BUSINESS CORPORATION ACT, as the same now exists or may hereafter be amended, the Corporation shall indemnify all persons serving as officers or directors of the Corporation, or in both such capacities, against all liability and litigation expense, including but not limited to reasonable attorneys' fees, arising out of their status as such or their activities in any of the foregoing capacities, regardless of when such status existed or activity occurred and regardless of whether or not they are officers or directors of the Corporation at the time such indemnification is sought or obtained. Without limiting the generality of the foregoing indemnity, such persons may also recover from the Corporation all reasonable costs, expenses, and attorneys' fees in connection with the enforcement of