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
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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
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