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SW8060604_HISTORICAL FILE_20070601
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET )Date: �l-7 No. Of Pag£S: (excluding cover) / To: � /n 31 From: Sv 7 z f� CO: may`- �" CO: NC DENR FAX #: 3 FAX#: 910-350-2004 3 f -76 a REMARKS: i •tj 127 Cardinal Drive Extension. Wilmington, N.C. 28405-3845'1'elephone (910) 796-7215 P'ax (910) 350-2004 An Equal Opportunity ARrmative Action Employer Pavilion at Rocky Point, LLC 3317 Masonboro Loop Rd., Suite 150 Wilmington, NC 28409 Phone 910-332-3680 Fax 910-332-3687 June 1, 2007 NC DENR 127 Cardinal Drive Extension Wilmington, NC 28405 To whom it may concern: EFFECTIVE IMMEDIATELY Please send any future correspondence for Pavilion at Rocky Point, LLC to: Pavilion at Rocky Point, LLC Attn: Steve Saieed 3317 Masonboro Loop Rd., Suite 150 Wilmington, NC 28409 Phone 910-332-3680 Fax 910-332-3687 Thank you. Sincerely, PAVILION AT ROCKY POINT, LLC Steve Saieed Member Manager SSlbrm Michael F. Easley, Governor A a ■• Mr. Steve Saieed Pavilion at Rocky Point, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 NOTICE OF INSPECTION: The Pavilion at Rocky Point Stormwater Project No. SW8 060604 Pender County Dear Mr. Saieed: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 18, 2006 Alan W. Klimek, P.E. Director Division of Water Quality Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on September 12, 2006 to determine compliance with Stormwater Permit Number SW8 060604 issued on July 12, 2006. A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office in writing before October 18, 2006 of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796- 7397. Sincerely, Gary EFedcher Environmental Technician EBlghb: S:IWQSISTORMWATIINSPECT1060604.Sept06 cc: Phil Norris (Norris, Kuske & Tunstall) . One y` Nh Caro I i na North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterutin] ity.ore Fax (910) 350-2004 1-877.623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycleti110% Post Consumer Paper The Pavilion at Rocky Point SW 060604 September 12, 2006 STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: The Pavilion at Rocky Point Project Number: 060604 Control Measure: Storm Pond Water Body: UT Cape Fear Classification: "C-SW" Directions to site: Highway 210 in Rocky Point 2. Inspection Date: September 12, 2006 Weather Conditions: warm (80's) no previous rain 3. Compliance Issues: (a) The storm water pond is not finished and functioning as permitted. The pond must be complete and fully functional prior to any impervious surface being added to the site. At the time of this inspection the building frame was being constructed. Another compliance inspection will be conducted in the near future. 4. Required Actions: (Explain each deficiency and what needs to be done to bring the system back into compliance) (a) Fix the outlet structure and pond slope as soon as possible. The pond slopes must be grassed and stable, and the pond must be fully functional. If the site is not fixed and in compliance the next report will be a notice of violation, which may include the withholding of building permits and certificate of occupancies. Inspector: Gary Beecher Water Quality/Wilmington Regional Office: (910) 796-7397 EB/ghb: S:IWQSISTORMWATIINSPECT1060604.Sept06 State Stormwater Management Systems Permit No. SW8 060604 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 Steve Saieed & Pavilion at Rocky Point, LLC The Pavilion at Rocky Point US 117, Rocky Point, Pender 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 "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 12, 2016, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 174,115 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. The built -upon area for the two future outparcels is limited to a total of 26,263 square feet. The outparcels are intended to be leased. 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 060604 91 The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft : Offsite, ft2: b. Total Impervious Surfaces, ft2: Onsite: 2 Outparcels: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSl : g. Permanent Pool Surface Ares, ft h. Permitted Storage Volume, ft i. Temporary Storage Elevation, FMSL: j. Controlling Orifice: k. Permitted Forebay Volume, W: I. Receiving Stream/River Basin: M. Stream Index Number: n. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 5.0 217,644 0 174,115 147,852 26,263 1 5.5 90% 33.20 11,929 15,235 34.50 2.0" Q pipe 5,053 UT Northeast Cape Fear 1 CPF22 18-74-(29.5) "C Sw" 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. 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. 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. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 060604 6. 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. 7. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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, including the outparcels. The project area is defined as all property 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. 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. Page 4of7 State Stormwater Management Systems Permit No. SW8 060604 lll. 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. 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 the 12th day of July 2006. N41-a AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 SW o(0c(oy NC®ENR North Carolina Department of Environment and Natural Resources Division of land Resources ,lames D. Simons, PG, PE Land Quality Section Director and State Geologist September 7, 2006 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL 7005 1820 0007 9586 8460 RETURN RECEIPT REQUESTED Mr. Steve Saieed 1135 Military Cutoff Rd. Suite 201 Wilmington, NC 28405 RE: Project Name: The Pavillion @ Rocky Point Project I.D: . Pende2006432 County: Pender Compliance Deadline: 10 days from receipt of this letter Dear Sir or Madam: Michael F. Easley, Governor William G. Ross Jr., Secretary On September 6, 2006, personnel of this office inspected a project located on US Hwy 117, Rocky Point in Pender County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity of approximately 5 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. "fhe violations that were found are: Failure to conduct a land -disturbing activity in accordance with the approved erosion and sedimentation control plan. G.S. l 13A-57(5). Emergency spillway and outlet structure have not been installed per approved plan. Wilmington Regional Office 127 Cardinal Drive Ext„ Wilmington, North Carolina 28405-3845 • Phone: 910-796-7215 / PAX: 910-350-2004 Notice of Violations Mr. Steve Saieed September 7, 2006 Page 2 of 3 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). Turbid water is flowing from the breach in the stormwater pond into the property line ditch. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 4B .0105. A breach was made in the stormwater pond in effort to drain turbid water from project. To correct these violations, you must: Repair breach that was made in the stormwater pond. Install emergency spillway and outlet stnicture per approved plan. The violations cited herein may be referred to the Director of the Division of Land Resources (Director) for appropriate enforcement action, including civil penalty assessments for an initial one - day violation and/or a continuing violation. The penalty for an initial one -day violation may be assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to provide a time period for compliance before assessing a penalty for the violations cited herein. Please be advised that a civil penalty may be assessed for the violations regardless of whether the violations are corrected within the time period set out below. In addition, if the violations cited herein are not corrected within 10 days of receipt of this notice, this office may request that the Director take appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS I I3A-64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day. Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the project is in compliance with the Act until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. Notice of Violations Mr. Steve Saieed September 7, 2006 Page 3 of 3 We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the Act please contact either Trentt .lames or me at your earliest convenience. Sincerely, Daniel Sams, F.E. E. Land Quality Section Enclosures: Sedimentation Inspection Report cc: State Sedimentation Specialist Regional Water Quality Supervisor Case # NORTH CAROLINA DEPARTMENT OFENVIRONMENTAAD NATURAL RESOURCES LAND QUALITYSECTION-127 Cardinal Drive, Exit, Wilmington, NC28405-3845 (910) 796-7215 County _ -c ., .dL Project. 'T t, J r�C•+ � � c (: i� pi�: ,^1i _ River Basi� CAC" � Person Financially Responsible:�7A .1. L Project #��,o = Address: i 1: .- -�.,J , /C � ll_ 1. Project Location Pictures: No 1- Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑ 2. Weather and Soil Conditions 3. is site currently under notice of violation? Yes ❑ NA" 775 S `� ' - 1 rZ�• ft r 4, Is the site in compliance with the S.P.C.A. and the rules? Yes ❑ NOR- If no, check violations below: 5. Violations: ❑ a. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c) ❑ g. Inadequate buffer zone, G.S. 113A-57(1) 1Tb. Failure to follow approved plan, 15A NCAC 4B.0113 ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2) ❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and or 15A NCAC 413.0124(d) 15A NCAC 413.0118(a) ❑ i. Unprotected exposed slopes, G.S. 113A-57(2) ❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and ❑ j. Failure to maintain erosion control measures, 15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113 e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe) f. Failure to take all reasonable measures, 15A NCAC 413.0105 �J� 6. Potential NPDES Permit Violation? Yes. ' No ❑ Describe—iy c AI ~ 6C7 M L Ir1 7. Has sedimentation damage occurred since last inspection? Yesp. If yes, where? (check all that apply): No ❑ Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property)< Description: , u!! (, i] `J n i7 (Srif►fi� �,�.: i aJTG i�`i.acc'i�t-�_ r _ — 7 Degree of damage: Slight O�' Moderate ❑ Severe ❑ B. Contact made with (Name) —„N ^ ici :,.N t j i;� k S, -'-0 Title Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent 9. Corrective actions needed: 3iir \r.. AS �-� � /�"7 �_►�.t,..n7c �� '1=lsLl'7 a _ �, r.(—�:j-�t�l. � i 1 t ir.i�.+-l/� f�' ✓ 5(' F�- 10. Comments: NU>c=^-' �l�r :SCR{ n., J>D� Ve /?! 4 - 4f �; Cl:'j'77c•� Report by: i it-. /" 3 Ydm Others present Date of Inspection: ij Time arriving at site: �� _SZDD� Time leaving site: cc: - �c NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. June 19, 2006 Ms. Linda Lewis RECEIVED NC DENR JUN 2 0 2006 Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: The Pavilion at Rocky Point SW8 060604 Additional Information Pender County NKT Project No. 05084 Dear Ms. Lewis: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E, of Counsel We are responding to your comments of June 12, 2006 regarding the subject project as follows: 61 1. Per the Owner, the outparcels are intended to be leased. As such, deed restrictions are not required. 2. The plant species have been added to the pond detail. 3. The grass type is shown on sheet C5. Two (2) copies are enclosed. 4. We are enclosing a phase one environmental report by Applied Resource Management, P.C. On page 12, they indicate that no evidence of wetlands were found. We have also been on the site, which is an agricultural field. We have not observed any reason to believe wetlands are on this property. We are not impacting any existing ditches for this project. We do not believe a jurisdictional determination is necessary from the US Army Corps of Engineers. We are enclosing two (2) sets of revised plans and a copy of the phase one report for your continued review and approval. Please contact us if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. RECEWSD J. illip Norris, P.E. JUN 2 0 Z006 JPNlasn 05084 o6-19-o5-s-sw response-Itr - -- - - cc: Dick Hurst I Saieed Construction 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 * * * COMMUNICATION RESULT REPORT ( JUL.14.2006 FILE MODE OPTION ---------------------------- 874 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 9-3439604 P. 1 9:54AM ) f TTI NCDENR WIRO RESULT PAGE -----------------------—T OK P. 16-16 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Depaitnent of Environment and Natural Resources Wilmington Regional Office (910)796-7215 Michael F. Easley, GoN elnor William G. Ross Jr., Secretary FAX COVER SHEET Date: 07/14/2006 To: Phil Norris CO: Norris, Kuske & Tunstall Consultine EnLyineers FAX #: 910-343-9604 # pages (excluding cover): 15 From: Miriam Hu hes Division: Express Permitting FAX#: 910-350-2004 RENTARKS: The Payilion atRodw point. Hard copy to follow by mail. -_ 127 Card [in al Drive Extension, Wilmington, N.C. 28405-3945 Ulcphone (910) 796-7304F nx(910) 350-2004 An Equal Opportunity Affirmative Action Employer SW8 060604 The Pavilion at Rocky Point I Subject: SW8 060604 The Pavilion at Rocky Point From: Linda Lewis <linda.lewi@ncmail.net> Date: Mon, 12 Jun 2006 11:42:27 -0400 To: Phil Norris <pnorris@nkteng.com>, Amy Norris <anorris@nkteng.com> Phil: Attached are my review comments regarding this project. Linda Content -Type: applicationlmsword 060604.jun06 doe; Content -Encoding: basc64 1 of 1 6/12/2006 11:43 AM Notification for "SW8 060604 The Pavilion at Rocky Point" Subject: Notification for "SWS 060604 The Pavilion at Rocky Point" From: "Amy Norris / Norris, Kuske & Tunstall Engineers" <anorris@nkteng.com> Date: Mon, 12 Jun 2006 11:57:24 -0400 To: Linda Lewis <linda.lewis@ncmail.net> The message you sent on Mon, 12 Jun 2006 11:42:27 -0400 regarding "SW$ 060604 The Pavilion at Rocky Point" has been displayed by Amy Norris / Norris, Kuske & Tunstall Engineers. Reporting-UA: QUALCOMM Windows Eudora Version 5.1 Final -Recipient: rtc822; <anorris@nkteng.com> Original -Message -ID: c448D8B63.4070602C�ncmail.net> Disposition: manual--action/MDN-sent-manually; displayed Part 1.2 Content -Type: messageldisposition-notification L of 1 6/12/2006 12:00 PM Notification for "SW8 060604 The Pavilion at Rocky Point" Subject: Notification for "SW8 060604 The Pavilion at Rocky Point" From: "Phil Norris / Norris, Kuske & Tunstall Engineers" <pnorris@nkteng.com> Date: Mon, 12 Jun 2006 17:04:37 -0400 To: Linda Lewis <linda.lewis@ncmail.net> The message you sent on Mon, 12 Jun 2006 11:42:27 -0400 regarding "5W8 060604 The Pavilion at Rocky Point" has been displayed by Phil Norris / Norris, Kuske & Tunstall Engineers. Reporting-UA: QUALCOMM windows Eudora Version 6.0.1.1 Final -Recipient: rfc822; <pnorris@nkteng.com> Original -Message -ID: <448D8B63.4070602@ncmail.net> Disposition: manu il-action/MDN-sent-manually; displayed _ Part 1.2 I Content -Type: message/disposition-notification I of 1 6/12/2006 5:12 PM �^ o�0, WAr�g Qc 7 r June 12, 2006 Mr. Steve Saieed, Manager Pavilion @Rocky Point, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 Subject: Request for Additional Information Stormwater Project No. SW8 060604 The Pavilion @Rocky Point Pender County Dear Mr. Saieed: Michael F Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources AIan W. Klimek, P.E. Director Division of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for The Pavilion @Rocky Point on June 9, 2006, with a scheduled Express Review date of June 12, 2006. 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 provide a copy of the proposed deed restrictions for the outparcels shown on the plans. Future development in the amount of 26,263 ftz has been accounted for in the pond's design, however, if the outparcels are to be sold, deed restrictions are necessary to distribute the 26,263 ftz among the two outparcels. 2. Please specify by name the wetland species to be planted on the 6:1 vegetated shelf and place this information adjacent the pond section detail on the plans. 3. Please specify the grass type to be planted on the side slopes of the pond, and place this information adjacent the pond section detail on he plans. Please remember that Weeping Love Grass is not recommended for use in North Carolina as either a temporary or permanent ground cover. 4. Please provide a jurisdictional signoff letter from the Corps agreeing with your assessment that there are no wetlands on the site. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to June 26, 2006, 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. NortltCarolina Aafura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: \v%vw.ncwatcrgualitv.ora Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Mr. Saieed June 12, 2006 Stormwater Application No. SW8 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) 796-7404. Sincerely, Linda Lewis Environmental Engineer ENB/arl: S:IWQSISTORMWATERIADDINFO\20061060604.jun06 cc: Phil Norris, P.E., Norris, Kuske & Tunstall Linda Lewis Page 2of2 LL 77 �l INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 21-1.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where ouparcel 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 design criteria used to size the stormwater control facility. The following deed restrictions and covenants must be recorded prior to the sale of any outparcel: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under NCAC 2H.1000. 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 Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area for the outparcel(s) or future development area shown on the approved plans is as follows: Outparcel # BUA (ft2) These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines 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. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built -upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. 10. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. «B„ INFORMATION PERTAINING TO DEED RESTRICTIONS w' AND PROTECTIVE COVENANTS �r r In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, 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 outparcel or future development area: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under NCAC 2N.1000. 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 Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # BUA Outparcel # BUA These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines 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. T The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built -upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparcel's collection system into the stormwater control shall be made such that, short-circuiting of the system does not occur. 10. Far those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Signature: Date: I, a Notary Public in the State of County of do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature My Commission expires F) 11 . A go =0 June 9, 2006 J. Phillip Norris, P.E. NORRIS, KUSKE &TUNSTALL John A.Kuske,HI, RE. John S. Tunstall, P.E. CONSULTING ENGINEERS, INC. J.A.Kuske,RE. ofCounsel Mr. Cameron Weaver, Express Review Coordinator NC DENR / Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Ref State Stormwater Permit Express Review Submittal The Pavilion at Rocky Point Rocky Point, NC NKT Project No. 05084 Dear Mr. Weaver: Enclosed are two (2) sets of plans for the subject project, one (1) drainage area plan, one (1) set of calculations, one (1) copy of the stormwater narrative, one (1) copy of the Articles of Organization, the original Division of Water Quality Stormwater Management Permit application, the original SWU-102 supplement form and a $4,000.00 check for the express permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. L, J. illip Norris, P.E. JPNlasn 05084 06-09-06-s-sw express-Itr Enclosures CC' Steve Saieed / Pavilion at Rocky Point, LLC JUN 0 9 2006 902 Market Street • Wilmington, NC 28401-4733 a Phone: 910.343.9653 • Fax: 910.343.9604 I.Date Design -' NORRIS, KUSKE&TUNSTALL CONSULTING ENGINEERS, INC. Check Job For �-TbTzr►'! I.J �Z 902 Market St, Sheet Wilmington, N.C. 28401-4733 Ot Jab No. 045d C,c� C�f�L O A.D S 0 Tim fi4v I u o 0 @ POCjf'-r- PCIA-)7— RECEIVED JUN 0 q 2006 WQ PROS # Q06, m_ Date Design NORRIS, KUSKE &TUNSTALL 902 Market $f. 1 LSheet C CONSULTING ENGINEERS, INC. Wilmington, N.C.28401-4733 Of Check Job For `/� /'/_1 i-c' f J Job No. 6p:f / 6, 51 1 A-C- � �%n T- = /23, bqe sue/ 2, 4L 17 f ---0 4 5, 5 /--7-- . /�b �-V r----) 'i / 5� /-) �z 7 - f-od � IQ�Zt� ��1-tsU�rJ��'=� �s�� , t 'Q©� (! c- i cmrn� -f- , Z, (46, 62-cl- Date Design A, NORRIS, KUSKE &TUNSTALL 902 Market StSheet . CONSULTING ENGIhtFEF2s, INC. Wilmington, N.C.28401-4733 2 Of Check Job For Job No. a�5ve- DATE: —/D NORRIS, KUSKE TUNSTALL CONSULTING, ENGINEERS, INC. STORMWATER FOREBAY SIZING MAIN POND VOLUME (EXCLUDING FOREBAY) POND NORMAL POOL AREA BOTTOM OF VEG SHELF POOL AREA BOTTOM POOL AREA (SF) NORMAL POOL ELEVATION BOTTOM OF VEG SHELF ELEVATION BOTTOM POOL ELEVATION NORMAL POOL TO BOTTOM POND VOLUME FOREBAY VOLUME (EXCLUDING MAIN POND) NORMAL FOREBAY POOL AREA 2730.553 Bottom of Veg Shelf Forebay Area 977.54 BOTTOM FOREBAY AREA 44.065 NORMAL POOL ELEVATION 312 Bottom of Veg Shelf Forebay Elegy 31.53 BOTTOM FOREBAY ELEVATION 27.7 NORMAL POOL TO BOTTOM FOREBAY VOLUME 9195.593 SF 4378.58 SF 319.825 SF 33.2 FT 31.53 FT 27.7 FT 20332 FT SF SF SF FT FT 5053 FT FOREBAY VOLUME % 19.90% PROVIDED (MUST BE >= 20%) RECALC 0Gi'1L12©H 13:27 9105094067 SAIEED CONST PAGE 92 Mai 1 1 2006 12 : 1 7PM KELI Y M .TOMS 910 25G 2662 K.ELLY M. TOMS ATTORNEY AT LAW Posr Q.rFiCa BOX 374 WRXOHT$ViLLE BRACH. NC 12&480 THL (910) 2tse-e9.00 FAX, (aia) ere-aaae iao4 ReSTWOOn ROAD Srj= 307 Wx mrNc+rov. NC 2r yo 3 VIA FACSD ULE FOR LATER PERSONAL DELIVERY RECEIVED May 11, 2D06 Norris Kuske & Ttingstal 902 Market Street Wilmington, North Carolina 28401. Re: Pavilion at Rocky Point, LLC To whom it may concern: JUN 012006 PROD # DW 000(co f represent Pavilion at Rocky Point, LLC which wag organized pursuant to the laws of No lb Carolina on March 22, 2005. Attsched, for your case of referuace, are the Articles of Organization currently on file, with tho Secretary of State. Effective April 29, 2006, Steven Saieed, a membez of the company sincc its organization, beearne a Manager of Pavilion at Rocky Point, LLC. This addition will be reflected on the next Annual Report filed with the Secretary of State in 2007_ Phase do not hesitate to convict me should you require anything further. Very truly yours, Kelly M, "Toms Cc. Pavilion at Rocky Point, LLC c/o Steven Saieed SA-IEED CONST PAGE 0`` 0a;'11;'2006 13:27 910.,094067 Mai 11 2006 12.17PM KELLY M.T©M5 910 256 2082 WSW: 773022 Date Filed: 3/22/20M 3:15:00 Prq Maiat F. Marshall 14onh Cacohna Secretary of Stitte State of North Carolina czw-moo"" Department of the Secretary of State Limited Liability Company ARTICLES OF ORGAN117ATION F'ursmntto §57C-2 20 of the G ncral Statti tes of North Carolinl6 the tmd=lpcd does hereby submit these Articles of Organization for the pmpose -of forming a limited liability company. The name of the limited liability company is. Pav%n at Rocky Paint, LLC 2. If the limited liability cortlpany is to dissolve by a specific date, the latest date on which the limited liability company Is to dissolve: (If no dxefor dfssalueton is 4wciflCd, thm.fhall be no limit an the dradon of the limited liability company.) Uecamber 31,,2496 _ 3. The nme and addreas of each pmen executing thew "clea of organization is as follows: (Stare whether each person is executing theta articlaf ofoj=batian in the cgpaciry of a member, organizer or both. Note: Thij dbcranew must be signed by oil persona listed here). Kelly M- Toms, P.O. Box 374, Wrl hW111e Beach, North Carollnn, 25480. tar W92or - 4. The street address and county of the initial registemd office of the limited liability company is: Number and Street I" t reet goad Road, Bulb S07 City, State, Zip Code ►!Vllrnington, NO 2&W3 County New Hano"r 5. The mailing addrt&% tj'4fffkre-Wftom the street address, of the initial registered office ia: P.O; Box 374. Wr4ghtev111• Beach, NO 28480 6, The nanx of the initial registered agent is: Kelly M. TQrne 7. Prir"l office infarrnatiau. (5`elcct elthsr a or b) a. ® The limited liability company has a principal office. 7U street.ddross end county of the principal uMce of the linthod liability company is: Numbcr and Suter a30 Eastwood Road, SUIle 200 City, Stat4, Zip Code V l�$n*xihpn. NC 2003 w - _ County New Hanover The mailing address, VdWrem fI'm the Avert addteatss, of the principal aftice of the corporation is: b. ❑ 7taa limited liability company dow nerhave a principal affscc. 0yf1112006 111:27 9105094067 SNIEED CONST PAGE 04 910 256 2682 P. 2t706 12= 17PH KELLY M_ TQMS - --- - -- r a. Cbeck one of the fbhowutg: (i) Mem*tr-~gpdLL0 all membcra by vlrlue of their status as rftmbets shall be rh"ers of this United liability congmy. f (it) Manger-► mmwed.ZLC: except as provided by N.C.0S. Section 57C-3.20(a), the mcmbert of this limited liability company shall not be managers by virtue of their status as mmbeft. 9. Any ocher provisions which the limited liability conopmy Elects to Include are tttached. 10. 7b= aunties will be of Wive upon filing, unless a detr and/or time is specified: This is the? day of ~ , 2005 cttae Ke4 M. rants, Orgm mr 7�]M or Friny Nmtw and 7'hk j NOTES: f!. F9loa fie L $ 2!. TWU dorusaem man be MW wkb the 8su*ftry9taok CORMtAlIONS DIVISION P.O, Sax 29622 [tALEIGH, NC 27626-0622 (Rsvtaed JdMXUy 2004 (Form 1-01) b"Mmctba for Filing 0:111l2005 13:27 9105094067 SAIEED CQIJST PACE 05 Maa 11 2006 12:18PM KELL' M.TOMS 910 25E 2682 1°' 4 Atteclmtent A 9. Additional Ptvvidotu a. UMAmWon jWd Umpifiggion. The pex mjd liability of ft manage, membus. divwton and off, cera will be Iunitod and/or cued by tbds limitod liability company to the fullest extent allowed by the North Caroliaa Limited liability Coamptmy Act and other applicable North Carolina law. b. Val2nVa MAWkjjd- No member of this limited liability eompsay may voluntarily withdraw wiftut the written cotu i of the holders of at lesat clgMy (801%) percent of the ouu tmdms Membership Units of the company. SOSiD: 773022 Date Filed: 3/22/2005 3:15:00 PM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C200508100095 Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: Pavilion at Rocky Point, LLC 2. if the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) December 31, 2099 4 5. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both. Note: This document must be signed by all persons listed here). Kelly M. Toms, P.Q. Box 374, Wrightsville Beach, North Carolina, 28480, Organizer The street address and county of the initial registered office of the limited liability company is: Number and Street 1904 Eastwood Road, Suite 307 City, State, Zip Code Wilmington, NC 28403 County New Hanover The mailing address, if different from the street address, of the initial registered office is: P.O. Box 374, Wrightsville Beach, NC 28480 6. The name of the initial registered agent is: Kelly M. Toms Principal office information: (Select either a or b) a. 21 The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 430 Eastwood Road. Suite 200 City, State, Zip Code Wilmington, NC 28403 County New Hanover The mailing address, if different from the street address, of the principal office of the corporation is: b. 0 The limited liability company does not have a principal office. 8. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. ✓ (ii) Manager -managed LLC: except as provided by N.C_G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is the 17 day of March 2005 l ature Kelly M. Toms, Organizer Type or Print Name and Title NOTES: I, Filing fee is $125. This document must be fled with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-01) Instructions for Filing Attachment A 4. Additional Provisions a. Exculpation and Indemnification. The personal liability of the managers, members, directors and officers will be limited and/or eliminated by this limited liability company to the fullest extent allowed by the North Carolina Limited Liability Company Act and other applicable North Carolina law. b. Voluntary Withdrawal. No member of this limited liability company may voluntarily withdraw without the written consent of the holders of at least eighty (80%) percent of the outstanding Membership Units of the company. Page 1 ot- N��-;- North Carolina t 4 G Elaine F. Marshall E P RT l E N� or T'b Secretary SECRE rARY oi� TATIE PO Box. 29622 Raleigh. NC 27626-0622 f91 9:1R07 20Ct0 Corporations *Corporations Home *Important Notice •Corporate Forms/Fees +Corporations FAQ *Tobacco Manufacturers *Dissolution Reports •Non -Profit Reports *Verify Certification *Online Annual Reports 9KBBE E32B Annual Reports Links •Secretary Of Stale Home •Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills *2001 Bill Summaries •Annual Reports 1997 *Corporations 1997 •Other Legislation Search 6By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order eNew Payment Procedures Contact Us oCorporations Division *Secretary of State's web site Print *Printable Page Date: 5/10/2006 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Pavilion at Rocky Point, Legal LLC Limited Liability Company Information S OSI D: 0773022 Status: Current -Active Date Formed: 3/22/2005 Citizenship: Domestic State of Inc.: NC Duration: 12131 /2099 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Toms, Kelly M 1904 Eastwood Road Suite 307 Wilmington NC 28403 PO Box 374 Wrightsville Beach NC 28403 430 Eastwood Road Suite 202 Wilmington NC 28403 430 Eastwood Road Suite 200 Wilmington NC 28403 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster, http://www.secretary.state.ne.us/Corporations/Corp.aspx?Pitem.ld=7716740 5/10/2006 STORMWATER SYSTEM & EROSION CONTROL NARRATIVE THE PAVILION AT ROCKY POINT ROCKY POINT, NORTH CAROLINA For Pavilion at Rocky Point, LLC 1135 Military Cutoff Road, Suite 201 Wilmington, NC 28405 (910) 509-1696 RECEIVED JUN092096 PROD # May 2006 Prepared by: NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 (Fax) E-mail: office@nkteng.corn NKT Project No. 05084 NARRATIVE DESCRIPTION: The project site is a 5.0 acre tract located in Rocky Point, North Carolina. The soils of the site consist of lightly vegetated, sandy clay topsoil and grades ranging from 0.5% to 1.5%. Approximately 5.0 acres will be graded to allow construction of a medical office with paved parking and paved access. The runoff from the site is estimated using the rational method 10-year design storm and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. EROSION CONTROL MEASURES: The attached plans and specifications outline the requirements for erosion control measures. Silt fencing will be provided along each side of the entrance drive where stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. The detention pond will be used as a silt basin during construction and restored to its design contours prior to completion. A gravel construction entrance will be constructed at the entrance. Maintenance will be provided by the grading contractor and developer. STORMWATER MANAGEMENT MEASURES: The project site is located in Pender County. Land disturbing on the site will exceed one acre, which requires the site to comply with the State Regulations. The stormwater runoff from the development will be directed to the stormwater detention pond. The stormwater detention pond was designed to accommodate this site at 80% impervious area lot coverage. CONSTRUCTION SEQUENCE: The Contractor will install the gravel construction entrance and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The detention pond/silt basin will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. EROSION CONTROL NOTES AND MAINTENANCE PLAN 1. Install erosion control measures before beginning construction or as soon thereafter as possible. All erosion and sediment control practices will be checked for stability and operation following every runoff -producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Maintain the gravel construction entrances in a condition to prevent mud or sediment from leaving the construction site. The contractor shall inspect the construction entrances on a daily basis. This will require periodic top dressing with additional No. 4 stone. Any objectionable materials spilled, washed, or tracked onto public roadways shall be removed immediately. 3. Install erosion control measures around the drop inlets as shown on the plans to trap silt during construction. Inspect the erosion control around the inlets after each rain and make repairs immediately. Remove sediment when it becomes 0.50 deep to provide adequate storage volume for subsequent rains. When the contributing drainage area has been adequately stabilized, remove all materials and any unstable soil and either salvage or dispose of it properly. Bring the disturbed area to proper grade and appropriately stabilize all bare areas around the drop inlets. 4. Sediment will be removed from behind the silt fence when it becomes 0.5 feet deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier. Silt fence stakes shall be spaced 6 feet apart unless a wire backing is used with 8 foot stake spacing. 5. Inspect temporary sediment traps / check dams after each period of significant rainfall. Remove sediment and restore the trap to its original dimensions when the sediment has accumulated to one-half the design depth of the trap. Place the sediment that is removed in the designated disposal area and replace the contaminated part of the gravel facing. Check the structure for damage from erosion or piping. Periodically check the depth of the spillway to ensure it is a minimum of 1.5 ft below the low point of the embankment. Immediately fill any settlement of the embankment to slightly above design grade. Any riprap displaced from the spillway must be replaced immediately. After all sediment - producing areas have been permanently stabilized, remove the structure and all unstable sediment. Smooth the area to blend with the adjoining areas and stabilize properly. 6. The stormwater ponds will act as sediment basins and will be cleaned out when the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be cleaned or replaced when the sediment pool no longer drains properly. 7. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion -control devices or structures. In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. 8. All disturbed areas shall be seeded within 15 days of disturbance. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. 9. More stringent measures shall be used to halt erosion if those shown on this plan are not effective. 10. All erosion shall be controlled including side slopes before the project is completed. 11. Remove temporary measures upon completion of project. All permanent measures will be well established before project closeout. SECTION 02920 SOIL EROSION AND SEDIMENTATION CONTROL 1. GENERAL 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 15 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post -construction period. Use the specified seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be #57 washed stone. 2.9 Aggregate for construction entrance shall be #4 washed stone. 2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as shown. 3. EXECUTION 3.1 General: Take every practicable measure during construction or suspension to work to minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on off site property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A or Class B erosion control stone at minimum two feet high and three feet thick across the watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION