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HomeMy WebLinkAboutSW8030501_HISTORICAL FILE_20030929STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT SW NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ` State Stormwater Management Systems Permit No. SW8 030501 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT REDEVELOPMENT PERMIT 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 Gaye Mashburn, Member/Manager, Morehead Plaza, LLC Lowes Foods Store Morehead Plaza Carteret County FOR THE redevelopment and treatment of runoff from existing impervious surfaces in an alternative infiltration system consisting of a series of sunken landscaped infiltration islands in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "storm water 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. The Permit shall be effective from the date of issuance until September 29, 2013 and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS The proposed built -upon area is 300,451 square feet, which is less than the 318,660 square feet that previously existed. 2. To the extent practicable, the project has provided stormwater control measures in accordance with the stormwater rules. Those control measures are: a. Thirty-one sunken landscaped infiltration islands, which treat approxi- mately 75% of the existing built -upon area in the parking lot. b. A reduction in the total amount of built -upon area at the site. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 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. Based on a minimum of 31,366 ft2 of area, the sunken islands provide a total of 15,683 cubic feet of storage for the runoff. Each island will be 6" deep and will be covered with landscape stone. Any overflows from the project will ultimately be to the existing collection system. 2 State Stormwater Management Systems Permit No. SW8 030501 II. SCHEDULE OF COMPLIANCE 1. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 2. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 3. The permittee shall construct the Stormwater control measures as shown on the approved plans. Areas and volumes shall be provided as described in the calculations. 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semi-annual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Debris removal and unclogging of the landscape stone and underlying infiltration media. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size or scope. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or selling of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. 6. The Director may determine that other revisions to the project should require a modification to the permit. 7. 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 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3 y State Stormwater Management Systems Permit No. SW8 030501 3. 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. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any additions, deletions or redesign of the previously permitted amount of built -upon area proposed regardless of the size of the modification. 6. The permit is not transferable except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both 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 Director approves the transfer request. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations and ordinances, which may be imposed by other government agencies (local, state and federal) which have jurisdiction. 8. The permittee grants permission to DENR Staff to enter the premises during normal business hours for purposes of inspecting the facility. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 10. 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. Permit issued this the 29th day of September, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION. ✓f h Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030501 4 030501 Subject: 030501 From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Thu, 11 Sep 2003 l 7:47:38 -0400 To: "Bob Chiles, P.E." <rmcengr@cconnect.net> Mr. Chiles, Scratch that request for signature verification. I see where William E. Hicks signed the application, too. What exactly is his title? The signature page is not very complete about this. It says only "MP Operators, LLC". Thanks, Linda 1 of 1 9/11/2003 5:50 PM Lowe's Foods 030501 Y Subject: Lowe's Foods 030501 From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Thu, 11 Sep 2003 17:17:55 -0400 To: "Bob Chiles, P.E." <rrncengr@cconnect.net> Mr. Chiles: Please either complete the infiltration basin supplement, as discussed, and have Ms. Mashburn sign and notarize it, or add the following items to the operation and maintenance plan submitted, which addresses mainly plant maintenance: 1. Require inspections monthly, or after every runoff producing rainfall, whichever comes first. 2. Check the system for erosion and repair any eroded areas. 3. Add item 45 regarding restoration of the system should it fail and construction of alternate measures should the original system not be able to be restored to design condition. The resubmittal does not shed any light on Item 1 of my August 20, 2003, letter, regarding required signatures on the application. Please check with Ms. Mashburn to verify what the Operating Agreement says, and if both managers need to sign the application in order for it to be a legal act of the LLC or not. I will return the O&M plan via USPS for you to add the above requirements. Ms. Mashburn will either need to resign or initial and date the additions. Linda 1 of 1 9/ 11 /2003 5:36 PM 030501 Subject: 030501 From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Thu, 11 Sep 2003 17:30:53 -0400 To: "Bob Chiles, P.E." <rmcengr@cconnect.net> Mr. Chiles: in looking at the drainage areas, none of them include any of the building drainage. Are all the downspouts from the building directed elsewhere? Linda 1 O 1 9/11/2003 5:36 PM OPERATION & MAINTENANCE PLAN FOR PERVIOUS PLANTING AREAS LOWES FOODS STORE AT MOREHEAD PLAZA MOREHEAD CITY, NORTH CAROLINA Planting Soils - A. Test pH of the soils every six (6) months. B. Apply alkaline materials such as limestone as indicated in the soils test. C. Should the plant biological functions become impaired and the plants experience dwarfed growth or mortality, conduct additional soil tests to determine the extent of accumulation of toxins and heavy metals. Correction of this condition will require removal of the contaminated soil. D. Annual inspections shall be conducted after a storm eventto ensure infiltration performance. 2. Mulch - A. The crushed landscape stone mulch shall be leveled and replenished as necessary every six months. Plant Materials - A. Remove and replace all dead and diseased vegetation on a twice yearly basis during the period March IS to April 30 and again during the period of October I to November 30. B. After planting, plants shall be watered at the end of each day for fourteen consecutive days. C. Review missing, damaged or undersized support stakes and deficient wires every six months or whenever needed. General - A. Plant material upkeep to include addressing problems associated with disease infestations, replacing dead plant material; and anv necessary pruning shall occur on a every 30 day basis for the first 12 months after installation and at a minimum of every (6) months thereafter. B. Removal and reconstruction of the infiltration device will be necessary when the infiltration rate drops to unacceptable levels. Infiltration rate should allow island to completely drain in less than 12 hours. 41"J�C- 41 Gave W. Mashburn ate Operators Manager Morehead Plaza, LLC RECEIVEID RMC 4 2002188 SEP DWQ PROS Notary Public t - . ENCL (4) _J fy ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 MARtNE SURVEYORS 417-A BROAD ST. P.O. box 3496 NEW BERN, NORTH CAROLINA 28564-3496 August 27, 2003 Ms. Linda Lewis NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 BUSINESS: 252.637-4702 FAX:252.637.3100 rmcengr®cconnect.net O RECEIVED SEP 0 4 2003 DWQ PROd R Subject: Morehead Plaza, LLC 1 Lowes Food Store, Carteret County RMC Project No. 2002188 References: (a) RMC letter dated April 29, 2003, with submittal of Stormwater Management Plan for Lowes Food Store at Morehead Plaza. (b) DWQ letter dated June 27, 2003, Stormwater Project No. SW8030501 Requesting additional information. (c) RMC letter dated July 1, 2003, providing additional information requested June 27, 2003. (d) DWQ letter dated August 20, 2003, Stormwater Project No. SW8030501 Requesting additional information. (e) North Carolina Administration Code Section 15A NCACZH.1000 titled Stormwater Management, Enclosures: (1) Copy of Page 3 of S & ME Report No. 1051-03-088 (2) Pervious Planting Island Data Sheet (2 copies) (3) Stormwater Watershed Data drawing — RMC# 2002188 sheet I & 2 dated 8-27-2003 (2 copies) (4) Operation & Maintenance Plan for Pervious Planting Areas (2 copies) (5) Form SWU-101 with original signatures and initials (2 copies) MECHANICAL, CWIL, AND MARINE ENGINEERING COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS MARINE HYDROGRAPHIC AND LAND SURVEYS BOUNDARY SURVEYS AND MAPPING SERVICE Dear Dear Ms. Lewis: As our response to your letter, reference (d) requesting more additional information related to the subject project and as we discussed by phone on August 26 and August 27, 2003, we offer the following for your consideration. 1. Please delete any reference to bio-retention areas in the plan and refer to all new areas provided within the parking lot as pervious planting islands. These islands will provide infiltration of runoff. 2. The soils report indicates the soils type as SP, relatively clean sand with a depth of approximately 13 feet. The groundwater was found about 3.5 to 4.5 feet below grade. (a copy of Page 3 of the report is enclosed) 3. The soils infiltration rate for soils as found on site at 6 inches per hour per square foot is considered reasonable. 4. The 6 inch depth of landscape stone within the pervious planting island will provide a void volume of 50 percent for storage of runoff. When combined with infiltration each island will contain runoff volume greater than the void volume during rainfall events exceeding 1 inch per hour. 5. The pervious planting islands are now designated by number, area, stored runoff volume and watershed on the enclosed drawing and further shown on the separate listing. (enclosure (2) and (3)) 6. The impervious area on the site prior to redevelopment has been reduced and the runoff from 40 percent of the remaining impervious area will be treated within one (or more) of the pervious planting islands. The enclosed Operation and Maintenance Plan has been revised to reflect the use of the Pervious Planting islands as infiltration devices. 8. The application has been re -signed and initialed and the originals are enclosed. 9. The site plan has been revised to include dimensions for the building previously defined by area only, 10. 1 understand that the matter of the Ruby Tuesday Restaurant, paragraph 2 in reference (d) has been addressed otherwise. We appreciate your continued assistance in this matter. Very Truly Yours, Robert M. Chiles, P.E. lewisltr.doc 3 Preliminary Subsurface Exploration Report Proposed Lowes Food Store Morehead City, North Carolina S&ME Project No.1051-03-088 Prepared For: Mr. Michael Rice, E.I. Morehead Plaza, LLC C/o Robert M. Chiles, P.E. 417 A Broad Street New Bern, North Carolina 28564-3496 Prepared By: S&ME, Inc. 3109 Spring Forest Road (27616) P. O. Box 58069 Raleigh, North Carolina 27658-8069 RECEIVED SEP 0 4 2003 June 5, 2003 DWQ- PROD # SW?232 E.NC L(t) -50 I OF 2 :wPreliminary Subsurface Exploration Report S&ME Project No. 1051-03-088 s Proposed Lowes Food Store June 5, 2003 New Bern, North Carolina Boring Records and profile are intended to represent approximate depths of changes in soil types. Naturally, transitional changes in soil types are often gradual and cannot be defined at a particular depth. SUBSURFACE CONDITIONS Approximately 1 to 2 inches of asphalt underlain by 4 to 6 inches of crushed stone is present at the ground surface at boring locations. Beneath crushed stone, natural soils were encountered to boring termination depths. Natural soils consist of relatively clean sand (SP) to a depth of approximately 13 feet. Beneath the sands, soils consist of interbedded silty and sandy clays (CL, CH), clayey and -�, sandy silts (NIL.), and relatively clean sands (SP). Standard penetration test (SPT) N-values in natural soils ranged from weight of hammer (WOH) to 27 blows per foot, indicating very soft to stiff consistencies for clays and silts and very loose to medium dense relative densities for sands. Typical SPT N-values ranged from 1 to 13 blows per foot. Natural soils were moist to saturated. Groundwater was encountered in the borings at depths ranging from about 3.5 to 4.5 feet, immediately after drilling operations. It is important to realize that seasonal fluctuations in groundwater levels do occur with changes in rainfall and evaporation rates. CONCLUSIONS AND RECOM�i IENDATIONS The preliminary exploration indicates that the site is adaptable for the proposed development. The building can be supported on shallow spread footings. Due to the presence of soft clays €, below approximately 13 feet, we recommend footings bear as close to existing ground surface as possible. Once the Belk's building has been completely removed, we recommend several additional borings be conducted to confirm that soft clays do not exist at more shallow depths in other areas. MR3 C-:t` cl-0).5H Z &P: Z Bio-retention / redevelopment Subject: Bio-retention / redevelopment From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Fri, 22 Aug 2003 l 3:47:43 -0400 To: Bill Hunt <wfhunt@eos.ncsu.edu>, .Darren England <darren.england@ncmai l .net> Dear Bill and Darren: I am working on a redevelopment project for Lowes Food Store in Morehead Plaza. They want to do bio-retention to the extent practicable, in 27 newly cut landscaped islands in the existing parking lot, about 28,380 sq. ft. of landscape area, and 14,190 cubic feet of storage volume, which is about 67% of the first inch. Before, the site had no stormwater treatment at all. The islands will be sunken 6',' to provide storage. The engineer is Bob Chiles, who has specified a 6" layer of landscape stone instead of ground cover and mulch. He contends that the mulch just floats away during the storm events, resulting in excessive costs to keep the systems maintained and the parking lot clean. Is landscape stone with shrubs and trees (no groundcover) acceptable as maximum extent practicable for redevelopment? I'm willing to give it a chance. I can put in a permit condition regarding use of the stone, and when it will need to be replaced with ground cover and mulch. Thanks, Linda 1 of 1 8/22/2003 1:47 PM Ir FaX To: Rick Shriver/Linda Lewis From: Sheryl Stephens Fax: (910) 350-2004 Pages: 2 Phone: Date: 08/21/03 Re: Morehead Plaza, LLC CC: 0 Comments: TO'd ib:TT JOOZ iZ 6nH 0902STZ6T6:xp3 aN3Q naxc i un vuQ ww. c. Lizoa3loLL 0G-20-03 WED a: H M. EOBEBT M UILES P. E. Memo PAX NO, 2526372100 P. ,�� �� �1�-� 3v6a L9� / I4 To: FRED MORTON From: BOB CHILES Date: AUGUST 20, 2003 Subject. MOREHEAD PLAZA, LLC STORMWATER PERMIT JET REFERENCE TO THE STATE AD INIS'1 RA TV'E CODE I5A NCAC 2H .1000 TTFLM STORMWATER MANAG MFNT, WE HAVE R£VIEVMD THIS REQUIREMENTS FOR A PERN M FROM THE D1`VMION OF WATEa QUALITY FOR THE LOWES FOODS STORE AND IT 13 OUR OPINION THAT THIS PERMIT MAY NOT Bf- REQVMW AFTER ALL, OUR REASONS FOR THIS ARE: 1- PART .1003 (b) REQUIRES A PEWT POP, DEVELOPMENT ACTIWITIE- S Z- PART .1002 (6) DEFINES DEYEi LOPMBNT AS A LAND DISTURBING ACTfVI'I`Y WHICH INCREASES 13UMT UPON AREA 3- PART .1002 (14) DEFINES RE -DEVELOPMENT AS MU"ING ACTIVITY WHICH HAS NIO NTET 1NTCREASE VT 19UIL3' UPON AREA,. 4- FART A 003 (d)(3)(B) ALLOWS DWQ 10 ?EMT REDEVELOPMENT PROJECTS 5- THE DWQ LETTER DATED JUN�TE 27, 2003 REQUESTINO ADDITIONAL WFORMATION STATES 1N PARAGRAPH (5) OF THIS LETM MS. LEWIS STATES THAT "AS A RE -DEVELOPMENT PROJECT,." WHICH WE ASSUME CONFIRMS THAT TIM PROJECT IS IN FACT CONSIDERED RE -DEVELOPMENT BY THE DWQ- 6- AS A ICE-DTv)SL0nvU.NT PROJECT WITH NO NET 1NCREASE IN BUS T UPON AREA THE PROJECT DOES Nor CONSIST OF DEVELorMRT ACTTVUY MEETING THE CRITERIA OF PART .1003 (b) AND THEREFOXE SROULD NOT BE REQUIRED TO OBTAIN A PEWT FROM bWQ AS STATED IN PART .1003 (e). WE SUGGEST THAT YOV HAVE YOUR ATTORNEY REVIEW THIS. JF WE ARE CORRECT AS OLTTLMW ABOVE I WOULD TaL DWQ THAT WE WITHDRAW THE PERNOT APPLICATION SINCE IT IS NOT REQUIRED BY LAW. M 'd �b:TT 20OZ TZ 6nd 0902SIz6T6:xeJ d00 OF W A TF'9 Michael F. Easley, Governor �a Q William G. Ross Jr., Secretary �O G North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E.,Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 20 2003 Ms. Gaye Mashburn, Member/Manager Morehead Plaza, LLC PO Box 2205 Morehead City, NC 28557 Subject: Request for Additional Information Stormwater Project No. SW8 030501 Lowes Food Store @Morehead Plaza Carteret County Dear Ms. Mashburn: The Wilmington Regional Office received a Stormwater Management Permit Application for Lowes Food Store @Morehead Plaza on July 8, 2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review. Unless I am mistaken, it appears that Article VI Section 6.4 of your operating agreement requires the approval of both Managers in order to constitute an act of the Managers. If this is true, your signature alone is not sufficient to execute the stormwater application, unless you obtain a signature authorization from the other Manager, M.P. Southstar, LLC. It is also acceptable for the Southstar Manager to add his signature to the application to make it a legal act of the Vanagers. Additionally, as the designated General Manager, M.P. Southstar, LLC, could also sign the application alone, on behalf of both Managers. 2. There is a July 10, 2003, out -standing Notice of Violation against Blanton Hamilton for the Ruby Tuesday Restaurant in Morehead Crossing. Before issuing any more permits where he is a part of the corporate structure, this violation must be cleared up. The pond at Ruby Tuesday has not been maintained at all, and the Division is requiring that the Designer certify that the pond has been restored to design condition before the Lowes Food Store permit can be issued. 3. Page 4 of the application is initialed in the wrong place. Please initial the blanks I have circled on page 4 of the application, enclosed. Additionally, per the Attorney General, I cannot accept a photocopied signature. Please return only an original signature. The original signature page was returned to Mr. Chiles on June 27, 2003. 4. Since each of the 27 islands is a separate bio-retention area, please complete a separate column on the application for each one, with its own drainage area, built -upon area, etc. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDEN"R Ms. Mashburn August 20, 2003 Stormwater Application No. SW8 030501 5. Please provide separate sizing calculations, as previously requested, to include the required bio-retention area, the calculated provided area (show dimensions of each island) and the required and provided volume for each bio-retention area. It is not appropriate to lump them all together as one system, despite the fact that it is proposed for each one to overflow to the next. The Division has no design guidelines for systems in series. It may be that a large amount of runoff is directed to a very small bio-retention area, which may cause the system to fail. 6. Please clearly delineate the drainage area for each of the 27 bio-retention islands. Each bio-retention island must have it's own unique drainage area. 7. As indicated in my previous letter, landscape stone is not a permittable plant for use in a Bio-retention system. Please follow the requirements in Chapter 4 of the BMP Manual and provide the required number, ratio, and type of plantings as indicated in Tables 4.3, 4.4 and 4.5. A detailed Landscape plan with these items provided, is a requirement for bio- retention systems. If you wish for these areas to function as infiltration areas, then the use of stone is fine. You will need to modify your application to infiltration, if you choose not the replace the landscape stone with appropriate plantings. 8. Please provide dimensions for the building and sidewalk, as previously requested. Only parking lot dimensions have been provided. 9. Please add a monthly inspection requirement to the Operation and Maintenance plan, as indicated in Table 4.7 of the BMP Manual, and replace the reference to a "landscape stone" mulch to just "mulch layer". 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 September 20, 2003, 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. 04 Ms. Mashburn August 20, 2003 Stormwater Application No. SW8 030501 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, �✓G�7 Ci I�iv � Linda Lewis Environmental Engineer RSS/arl: S:1WQS%STORMWATIADDINF0120031030501.aug03 cc: Bob Chiles, P.E. Linda Lewis 3 r. i �S µt.X NO. 100 - V1. SUBM11TAL REQIJIRETMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (D]<'4'Q). A complete package includes all of the items listed below. The complete application package should lie submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space v rovided next to each item. ��InitiaI5 Original and one copy of the Stormwater Management Permit Application Form • One copy- of the applicable Supplement Form(s) for each 13M1' • Permit application processing fee of $420 (payable to NCDENR) Detailed narrative description of stormwater treatment/management w • Two copies of plans and specifications, including: �^ - Development/Project name Engineer and firm -Legend North arrow - Scale Revision number & date Mean high waterline Dimensioned property/project boundary Location reap with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevation; Details of roads, drainage features, collection systems, and stormwater control measurers - 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) Vll. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on yo!ir behalf, please complete this section. Designated age at (individual or firm): Robert M , Childs P . Mailing Address n x 349 �- City: New Berri Phone: L2_U_ )- 5L3 7 _ 4 7 (12.._ -- Vill. APPLICANT'S CERTIFICATION State: N Zip:--2,Q a 64 Fax: ( 252 1 637.3100 I, (print or type name of person listed in General Information, item 2) (nV W�UmS Machhl lx certify that the information included on this permit application form is, to the best of my knowledge, co t and that the project will be constructed in conformance with the approved plans, that. the required deed restrl^ttons and protective covenants will be recorded, and that the proposed project wmplies with the requirements of 15A NCAC 2H .1000. Form SVAJ-101 Versions 3.99 Page 4 of 4 Ftli/r r i\ OF V4 Michael F. Easley, Governor O� p� William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 27, 2003 Ms. Gaye Mashburn, Member -Manager Morehead Plaza, LLC PO Box 2205 Morehead City, NC 28557 Subject: Request for Additional Information Stormwater Project No. SW8 030501 Lowes Food Store @Morehead Plaza Carteret County Dear Ms. Mashburn: The Wilmington Regional Office received a Stormwater Management Permit Application for Lowes Food Store @Morehead Plaza on May 1, 2003, A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. 2. Please provide sealed bio-retention design calculations in accordance with the design requirements outlined in Chapter 4 of the BMP guidance document. 3. Please provide a signed and notarized'Operation and Maintenance plan following the guidelines listed in Table 4.7 of the BMP guidance document. 4. Please provide a planting plan prepared by a NC licensed professional, following the planting guidelines specified in Chapter 4 of the BMP guidance document. 5. Based on the typical island detail, it appears that each planted island will be a bio-retention area, however, only 1 area is actually labeled as a bio- retention area. If each island is a bio-retention area, then it appears that there will be at least 26 of them. Please show the drainage area for each bio-retention system and list the built -upon statistics for each bio-retention system separately on the application. Add as many additional sheets as needed for all 26 systems. As a redevelopment project, you are required to meet the rules to the maximum extent practicable. 6. Please revise the bio-retention island detail to conform to the typical details in Chapter 4 of the BMP document. Landscape stone is not considered a component of a functional bio-retention system. N, C. Division of water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENR Ms. Mashburn June 27, 2003 Stormwater Application No. SW8 030501 7. There are several drop inlets shown on the plan that appear to collect runoff and discharge it without treatment of any kind. Please revise the plans so that the runoff is either treated in a bio-retention area before entering the collection system, or directed to a bio-retention area via the collection system. 8. Please dimension the building, parking, walks, and bio-retention areas. 9. Please print your name and initial page 4 of the application. 10. The LLC is Manager -managed. Please provide verification of your status as the appointed Manager. I am stopping my review of this project at this point because there is so much missing information that a complete review is not possible. Upon receipt of the requested information, I can do a more thorough review. 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 July 27, 2003, 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:IWQSISTORMWATIADDINF0120031030501.jun03 cc: Robert Chiles, P.E. Linda Lewis 2 ,StM'd of North Carolina Department bf Environment and Natural Resources Wilmington Regional Office 'Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary May 27, 2003 LETTER OF APPROVAL Morehead Plaza, LLC Ms. Gaye W Mashburn, MemberlManager P.D. Box 2205 Morehead City, NC 28557 Project Name: Lowes Food Store @.Morehead Plaza Project No.: CA-03246 Location: 28th Street - Carteret County River Basin: White Oak Submitted by: Robert M. Chiles, P.E. Date Received: May 16, 2003 Revised Submittal Dear Ms. Mashburn: This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 48.0029. Please be advised that Title i 5A, of the North Carolina Administrative Code, 48.001 8(a) requires that a copy of the approved plan be on file at the job site. Also, you should consider this letter to give the Notice required by GS 11 3A-61(a) approved plan. The last page(s) which lists approval comments should be cooied and attached to the sedimentation and erosion control plan that is maintained on site. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and its implementation to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with federal and state water quality laws, regulations, and rules. In particular, if wetlands are effected by this land disturbing activity, the provisions of the Clean Water Act as mandated by the Environmental Protection Agency must be adhered to. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please be aware that this project will be covered by the enclosed general storm water permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. 127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 Telephone 910-395-3900 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Ms. Gaye W. Mashburn' - May 27, 2003 Page Two , Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form which you provided . You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. We look forward to working with you on this project. If you have any questions, please contact our office. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DESlbfr cc: Robert M. Chiles; Robert M. Chiles, P.E. WiRO-LQS Page 1 of 2 APPROVAL COMMENTS AND CONDITIiONS PROJECT NAME: Lowes Food Store @ Morehead Plaza PROJECT NUMBER: CA-03246 LOCATION: 28th Street- Carteret County RIVER BASIN:. White Oak SUBMITTED BY: Robert M. Chiles, P.E. DATE RECEIVED: May 16, 2003 1 . This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0029. 2. The developer is responsible for the control of sediment on -site. if the approved erosion measures prove insufficient, the developer must take those. additional steps necessary to stop erosion from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical or less -steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include agencies such as the Division of Water Quality's stormwater regulations, their enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U. S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corp of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Quality, the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland area must be approved by the aforementioned agencies prior to installation or our Section must be notified -of a relocation of the measures in question to the transition point between the wetlands and the highlands'to assure that the migration of sediment will not occur. If that relocation presents a problems or contradicts any requirements of DWQ, the Corps or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval. 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. A single use borrow site or an area to waste material is only permissible if it is operated under total control of the Financially Responsible person or firm who is developing this site, is located on or adjacent to this site, and has been incorporated as part of this plan. Page 2of2 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 7.3 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. S. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in which to reestablish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left exposed will, within 15 working days or 30 calendar days (whichever is the shorter) after completion of any phase of grading, be planted or otherwise provided with groundcover sufficient to permanently restrain erosion.. . ig r ROBERT M. CHILES, P.E. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 TELEPHONE: 252,637.4702 FAX#: 252.637.3100 rmcengr@cconnect.net TO: Ms. Linda Lewis - NCDENR Division of Water Quality 127 Cardinal Drive Ext, Wilmington, NC 28405 We transmit: [X] herewith [ ] as requested LETTER OF TRANSMITTAL DATE: 4.29.03 ATTN: Linda Lewis JOB NO: 2002188 REF: Lowes Foods Store [ 49 3oS j2903 ; f [ ] under separate cover4-- [ ] via wa„r For your: [ l approval [X] information [ ] distribution [ ] records [X] use [ ] review and comments The following: [ ] prints [ ] mylar [ ] copy of letter [X] plans [ ] specifications [X] other DESCRIPTION: We present two (2) copies for each of the sealed & signed Stormwater & Demolition Plans for Lowes Foods Store Site @ Morehead Plaza, LLC. Also enclosed is a letter addressed to your attention as well as the Stormwater Management Permit Application signed by Ms. Gaye Mashburn. REMARKS: SIGNED: r9' ►`� Ro ert M. Chiles, P.E. COPY TO: RMC File No. 2002188 State of North Carolina Department of the Secretary of State Limited Liability Company 3 0 % ! 2 ARTICLES OF ORGANIZATION SOSID: 661164 Date Filed: 1/27/2003 2:53:00 PM Elaine F. Marshall North Carolina Secretary of State 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: Morehead Plaza,_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.) 3. 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). Natalie Hare, as organizer Kennedy Covington 434 Fayetteville Street Mall, 19'h Floor Raleigh, NC 27602 4. The street address and county of the initial registered office of the limited liability company is: Number and Street c/o Tribek Properties, Inc_, 200 Providence Road, Suite 106 City, State, Zip Code Charlotte, NC 28207 _ County Mecklenburg 5. The mailing address, if different from the street address, of the initial registered office i,: 6. The name of the initial registered agent is: E. Blanton Hamilton Jr. T� 7. Principal office information: (Select either a or b.) a. ❑ 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 c/o Tribek Properties, lnc., 200 Providence Road, Suite 106 City, State, Zip Code Charlotte, NC 28207 County Mecklenburg__. The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. 8. Check one of the following: (1) Member -managed LLC: all members by virtue of their status as members shall he managers of this limited liability company. x (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 27`h day of January, 2003. MOREHE/AD PLAZA, LLC l,:Ij IJI .lai .r.�FL,G � s Signature Natalie Hare, Organizer_„ Type or Print Name and Title NOTES: i. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Fpl']11 L-01) Entity Names http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?56085 !� r North Carolina a Elaine F. !V1'arsnaf! DEPART"1VV ENT OI= THE Secretary S EC R ETARY OF STATE $04 .V,A PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 *Corporations Home *Important Notice eCorporate Forms Corporations FAQ ,New Form Notice Tobacco Manufacturers *Verify Certification 76nline Annual Reoorts Secretary Of State Home oBusiness .License Register for E-Procuremer !Dept. of. Revenue 999 Senate Bills 001 Bill Summaries ,nnual Reports..1997 :orporations 1997 lther Leaislation *By Corporate dame @For.,Ne.w Corporation !B Re istered A ent • •. Start An Order::'' New Payment Procedures Date: 6/27/2003 Document Filings Corporation Names Name Name Type Morehead Plaza, LLC Legal Limited Liability Company Information SOSID: 0661164 Status: Current -Active Date Formed: 1/27/2003 Citizenship: Domestic State of Inc.: NC --Duration: Perpetual Registered Agent Agent Name: Hamilton, E. Blanton, Jr. Registered Office Address: 200 Providence Road, Suite 106 Charlotte NC 28207 Registered Mailing Address: Principal Office Address: 200 Providence Road, Suite 106 Charlotte NC 28207 Principal Mailing Address: No Address File Your Online Annual Report For questions or comments about the North Carolina Secretary of State's web site, please send e-mail Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Admii Click here for help downloading forms. I of 1 6/27/2003 8:47 AM