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HomeMy WebLinkAboutSW8990802_HISTORICAL FILE_20030513STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW�%`7D/5(l, DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD i State Stormwater Management Systems Permit No. SW8 990802 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Jon T. Vincent, Brunswick Properties, LLC Leland Food Lion Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stonnwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 13, 2013, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 305,820 square feet of impervious area, and includes the 2 outparcels. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for Outparcel #2 is limited to 41,469 square feet. 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. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area. 2 ti State Stormwater Management Systems Permit No. SW8 990802 Modification DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Leland Food Lion Permit Number: SW8 990802 Modification Location: Brusnwick County Applicant: Jon T. Vincent, Member/Manager Mailing Address: Brunswick Properties, LLC 5315 S. College Road Wilmington, NC 28412 Application Date: September 28, 1999 Modified March 13, 2003 Receiving Stream/River Basin: UT Sturgeon Creek / Cape Fear Stream Index Number: 18-77-1 Classification of Water Body: "C Sw" Drainage Area, acres: 13.80 Onsite, sq. ft.: 13.80 Offsite, sq. ft.: 0 Total Impervious Surfaces, sq. ft.: 305,820 Food Lion Tract: 218,439 Dollar General: 45,912 OP #2: 41,469 Pond Depth, feet: 6.0 TSS removal efficiency: 90% (no filter is required) Permanent Pool Elevation, FMSL: 34.50 Permitted Surface Area, sq. ft.: 33,258@Permanent Pool Permitted Storage Volume, cubic ft.: 34,560 Temporary Storage Elevation, FMSL: 35.5 Controlling Orifice: 2.5" cp (drawdown in 2-5 days) Permitted Forebay Volume, cubic ft.: 31,662 91 t State Stormwater Management Systems Permit No. SW8 990802 Modification I1. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this penmitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. The permittee shall submit final site layout and grading plans for any permitted outparcels that drain to the pond, as shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, or if the outparcel changes ownership, a modification to the permit must be submitted and approved prior to construction. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system. 4 R- State Stormwater Management Systems Permit No. SW8 990802 Modification 12. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 13. Prior to the sale of any outparcel, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8990802, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area for Outparcel #1 (Dollar General) is 45,912 square feet, and for Outparcel #2, it is 41,469 square feet. The allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All built -upon area on the outparcel must be graded to drain into the permitted system. 14. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property'owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major.permit was sought. f. ' Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 15. 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. 5 t State Stormwater Management Systems Permit No. SW8 990802 Modification 16. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 13th day of May, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ✓I Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission re ' 112712002 17: 07 9102560515 J T V MAN43EMENT PAGE_ 02 i i RECEIVEP MAR 13 2003 PROJ # 5(4)Dw 8 i i DECLAR.ATTOi♦ OF STORMWATER RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTTV� COVENANTS (the "Declaration") is made and entered into this day of p ugirst, 2002, by LELAND PLAZA PROPEIRI.ES. WC. ("Le ?arand"} and RUNSr7VICK ?ROPE TIES, LLC ("13r1n wick") (Leland and BTUnSwicl` are cv;iectively iefe-red to hereir. as. V)e "Declami"l. WITNESSETH. WHEREAS, Leland is the fee simple owner of certain zeal property located in Leland, 'Xcrth Carolina and rnorc particularly described on the attached Exhibit A (the " Lclarlci Prayert`�; i WHEREAS, Birinswick is the fee simple owner of certain read property located in Leland, North Carolina and more particularly described on tlae attached xliihit B (the Bmwwick Pro erty""); WHEREAS, the Norm Carolina Departm.snt of Environment and Natural Resources requires certain covenants to burden the Leland Property and the Btuw0c.k Property (collcctively rep:erred to herein as the "Pra ert •"� in. order to satis� Nar`ll li Carona stormwater regulartons. + i NOW, THEREFORE, Declarant hereby declarc9 that the Property shall be held, conveyed, encumbered, leased, rented, used, occupied aria improved subject tc the covenants and rr restrictions (all h.ereirtaf cr sometimes r&rred to as "Covetlazttf) be.re1.nafter Set forth. a. To ensure continued compliance with the North Cwolina ,Diyisior of Water Quaiiiy Sto.rmwatcr U;anagement Pamir ,Regulations, 1 tiA NCAC 2 17: 0 R 91021560515 J T V MANAGEMENT PAGE ©3 • r •yi vti b. d. 2H.1 O00, the maximum but it -upon area for outparcel(s) and future arcas shown. on the approved plans is 41,469 square feet for Outparcel 41, 45,912 square feet for bntpmel 42 and 11,700 square feet for the Put= area, This allctted mount includes any'built-upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lincs and the edge of the pavemer . Built upor ama includes_ but is not .limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. The runoff from. all built -upon area on the outparcel of future area Mt;st lie directed into the permitted stormwater control system. Bud,t-upon area in excess of the permitted amount will require a permit modification. The conTfection into the stormwater control shall be made such that shcrt- circuiting of thz systcrm. does not occur. 1N TESTIMONY WHEREOF, ,.Veclarat±t has . Creuncer caused this Declaration to be executed as os the day and year first' above written. DEC BRU By: Nam Title LE)L ley: Nam Title i s 1 /'27 '2002 1 ; : ©� 9102566515 J T 1' MANAGEMENT PAGE 04 +_ HIB A TRACT 113: BE1N'G ail of that certain parcel of land containing 7.043 acres and shown as Tract 1.13 on that certain reap entitled ".Z.,P, NO. 91, LLC" dated October 29, 2001 by WK Dickson and recorded on December 20, 2001 in Map Book 25, Page 238 oftLe'Srunsvick County Registry, THE ABOVE DESCRIBED TRACT I B BEING A PORTION WAND CONTALNED WITHIN that certain parcel cf land conveyed to ZP NO. 91, r LC from George 133. Rees. and wife, Azalea Lewis Reed by tort': Carolina Genera: Warranty Deed recordad -,)I May 28, 1999 at 3:58 p.m..in Book 1306, Page 336, Brssnswlck County Registry. 1/2712002 17:07 9102560515 JTV MANA6ZMEPJT FAGS 05 " ti -- 4 s5. ► TRACT I.A BEING all of that certain, parcel of land containing 2,043 �/- acres and shown as Tract lA on that certain =p cr+ i led "Z.P. NO, 91, LLC" dated October 29, 2001 by WK Dickson wid recorded on Dece-mber 20, :001 in Map Book 25, Page 238 of the $ruwwiQk County Registry. TRACT ,X C BGING all of that certain parcel of land contairu g 1.243 f/- acres and shown as Tract 1, C on that certain map entitled "Z.P, NO. 91, .LLC" dated October 29, 2'01 by V6'K Dickson and recorded on ,December 20, 2001 ie Map Book 25, Page 238 of the BrilnSwick County Registry, TRACT 2 BEING all of that certain parcel of land containing 1.1.2 acres and shown as Tract 2 on that certain map entitled "Map of Z.P. NO, 91, LLC" dated June, 1999 by Sher%x .nn D. Cribb and recorded on Novembcr 1, 1999 in Map Book 22, Page 61, of the Brunswick County Registry, TRACT 3 BENG all of that certain parcel of land contairuuZ_ 1.24 acres and shown as Tract 3 on that certain map erktitfed ",flap of Z.P. NO. 91. L;.C" dated June, 1999 by Sherwinn D. Cribb and recorded on November 1, 1,999 in Map Boot` 22, page 61 of the Brunswick County Registry. THE ABOVE .DESCRIBED TRACTS IA. 1C. 2 AND 3 BETN7G A PORTION Or AND CONTAINED i+VI`1`H?N that certain parcet of land conveyed to ZP N'0. 91, LLC from George B. Reed and wife, Azalea ,Lewis Reed by North Carolina Gencral Warranty Deed recorded on May 28. 1999 at 3:58 p.m. in Book 1306_ Page 336, Brunswick County Registry. TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North C.irohna 28401 phone: (910) 7G3-5100 • FAt: (910) 7G3-5631 March 13, 2003 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Leland Food Lion SW8 990802 New Hanover County, NC TE 99063 CE MAR 13 2003 mm Dear Linda: 2 In response to your correspondence dated September 9, 200� and received in our office on March 7, 2003, we offer the following: 1. Two (2) sets of plans are enclosed. 2. A new signed ownership change form is provided. Also enclosed is a copy of our original submittal dated December 4, 2002, which provided the engineer's certification, ownership change form and recorded deed restrictions. 3. A copy of the engineer's certification is provided. 4. A copy of the recorded deed restrictions is provided. In addition, we enclose one (1) signed original and one (1) copy of an application form with narrative, one (1) off site system supplement, and one check for application fee. We are requesting a modification to the existing permit SW8 990802 for Leland Food Lion. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Engineering, P.C. Phillip . Tripp, P.E. PGT:dcb Enc. 0, Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Naturat Resources Mr. ,ion T. Vincent, Member/Manager Brunswick Properties, LLC 1508 Military Cutoff Road, Suite 302 Wilmington, NC 28403 Dear Mr. Vincent: Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office January 31, 2003 Subject: Ownership Transfer Leland Food Lion Stormwater Project No. SW8 990802 Brunswick County The Division received a request to transfer the Stormwater Management Permit from ZP No. 91, LLC, to Brunswick Properties, LLC, on December 6, 2002. In order to continue with the processing of this request, please complete, initial and sign the attached Operation and Maintenance plan, and return it to my attention. Please also send in a copy of the recorded deed restrictions regarding the outparcel BUA limitation-d received only an unrecorded, signed copy. Please have the engineer complete page 2 of the Designer's Certification. I have sent this to Mr. Phil Tripp, P.E., as the engineer of record for this project, along with a copy of this letter. Upon receipt, the permit will be transferred. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, fi(u Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORMWATILETTERS1990802.JAN03 cc: Linda Lewis Phil Tripp, P.E. X;7A CDENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 t State 'of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality September 28, 1999 Mr. Jeff Zimmer, President Z P No. 91, LLC I11 Princess Street Wilmington, NC 28402 ffli�`' NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. SW8 990802 Leland Food Lion High Density Stormwater Project Brunswick County Dear Mr. Zimmer: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Leland Food Lion on September 28, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 990802 dated September 28, 1999, for the construction of Leland Food Lion. This permit shall be effective from the date of issuance until September 28, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B ofthe North Carolina General Statutes, and filed with the Office ofAdministrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or meat (910) 395-3900. Sincerely, 52" Rick Shiver Water Quality Regional Supervisor RSSlsav: S:IWQSISTORMWATTERMIT1990802.SEP cc: Phil Tripp, P.E. Delaney Aycock, Brunswick County Inspections Scott Vinson Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 990902 Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: If Class SA, chloride sampling results: Pond Depth, feet: V Permanent Pool Elevation, FMSL: Total Impervious Surfaces, W: Outparcel 1, ft2 Outparcel 2, ft2 Future, ft2 Offsite Area entering Pond, W: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, ft': Provided Storage Volume, ft': Temporary Storage Elevation, FMSL: Controlling Orifice: DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Leland Food Lion SW8 990802 Brunswick County Mr. Jeff Zimmer, President Z P No. 91, LLC 111 Princess Street Wilmington, NC 28402 September 28, 1999 UT Sturgeon Creek "C - Sw" nla 6.0 34.5 289,871 41,469 45,912 11,700 None, per Engineer 15,589 33,258 24,245 34,829 35.5 2.50"diameter pipe 3 State Stormwater Management Systems Permit No. SW8 990802 Leland Food Lion Stormwater Permit No. SW8 990802 Brunswick County Designer's Certification Page 1 of 2 1, _ , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. 1 have checked the items listed on Page 2 of this form as a part of this Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL 7 State Stormwater Management Systems Permit No. SW8 990802 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Z P No. 91, LLC Leland Food Lion Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until September 28, 2009 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 289,871 square feet of impervious area. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. N State Stormwater Management Systems Permit No. SW8 990802 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspector N. State Stormwater Management Systems Permit No. SW8 990802 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of the system does not occur. 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. Decorative spray fountains will not be allowed in the stormwater treatment system. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 10. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. . 11. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 12. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4 State Stormwater Management Systems Permit No, SW8 990802 13. Deed restrictions must be recorded prior to the sale of any outparcel or future area shown on the approved plans to ensure that future owners are made aware ofthe built -upon area limitations. The following statements must be recorded: a."To ensure continued compliance with the NC Division of Water Quality Stormwater Management Permit Regulations, 15A NCAC 2H.1000, the maximum built -upon area for outparcel(s) and future areas shown on the approved plans is 41,469 square feet for Outparcel #1, 45,912 square feet for Outparcel #2 and 11,700 square feet for the Future area. This allotted amount includes any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools." b. "The runoff from all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system." C. 'Built -upon area in excess of the permitted amount will require a permit modification." d. "The connection into the stormwater control shall be made such that short-circuiting of the system does not occur." 14. A copy of the recorded deed restrictions must be submitted to the DWQ within 30 days ofthe date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp of the Register of Deeds. 15. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 16. The Director may determine that other revisions to the project should require a modification to the permit. 17. 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. 5 State Stormwater Management Systems Permit No. SW8 990802 III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The penr ittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modifiers, 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. Permit issued this the 28th day of September, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION z�Za (3-,� // --, Kerr T. Stevens, Director N4 Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990802 2 TRIPP ENGiNEERING9 P.C. 419 Chestnut Street Wilmington, North Carolina 28401 I C=YV JE Phone: (910) 763-5100 + FAX: (910) 763-5631 ap IM BY: September 28, 1999 NCDENR Division of Environmental Management Water Quality Section 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Mr. Scott Vinson Re: Leland Food Lion SW8 990802 Brunswick County TE 99063 Dear Scott: Per your request, please find enclosed a revised page 1 of the wet detention basin supplement for the above referenced project. Please contact us with questions or comments, or if you require additional information. Thank you. Sincerely, Tripp Engineering, P.C. Charles D. Cazier, E.I. CDC:dcb Enc. Stormwater Narrative July 15, 1999 Re: Leland Food Lion Brunswick County TE 99063 The total drainage area of this project is 13.80 acres. A proposed building of 37,800 sf will be constructed with an asphalt access and parking area totaling 145,640 sf and 7,350 sf of concrete sidewalk. A future 11,700 sf building is included. Also included is 87,381 sf for the out parcels. A complete 289,871 sf of impervious area brings the total built upon area to 48.2% impervious. Stormwater runoff will be handled by a wet detention pond designed to exceed the states requirement of the first one inch of runoff. A vegetated filter is not required due to the 90% TSS removal used in the wet detention design. Twwp ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 August 2, 1999 NCDENR Division of Environmental Management Water Quality Section 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Leland Food Lion Brunswick County, NC TE 99063 Dear Linda: CEIV ";D- !BUG 0 2 1999 N� Enclosed please find two (2) sets of plans, (2) sets of sealed calculations, one (1) signed original and one (1) copy of the application form, one (1) wet detention basin supplement form, a narrative and one check for the application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. Monica V. Loughlin Enc. ,,1 .7 P. 1 FILE 110DE -------------- 120 MEMORY TX OPTION COMMUNICATION RESULT REPORT ( SEP. 9.2002 ___________________ _________________ REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) 9-7635631 9:49AM ) TTI NCDENR WIRO RESULT PAGE OK ----------P--1'1 E-2) BUSY E-4) NO FACSIMILE CONNECTION *�F Ark Michael F. Easley, Governor -02 William G. Ross, Jr., Secretary y North Carolina Department of Environment and Natural Resources .� Alan W. Klimek. P,E., Director Division of Water Quality Wilmington Regional Office September 9, 2002 Mr. Phil Tripp, P.E. Tripp Engineering 419 Chestnut Street Wilmington, NC 28401 Dear Wi . Tripp: The submitted project information is being returned because it lacked the necessary elements to process the Stormwater Management Permit application. The following information is needed to accept the application for review: E?"� Two sets of plans for the modification- only one set was submitted. 2'� The original owner of this project was Jeff Zimmer, When did this project change / ownership? The Designer's Certification. A copy of the recorded deed restrictions for the outparcels, Mr. Zimmer was supposed to ,e Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources September 9, 2002 Mr. Phil Tripp, P.E. Tripp Engineering 419 Chestnut Street Wilmington, NC 28401 Dear Mr. Tripp: Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office The submitted project information is being returned because it lacked the necessary elements to process the Stormwater Management Permit application. The following information is needed to accept the application for review: C11"- Two sets of plans for the modification- only one set was submitted. D'� The original owner of this project was Jeff Zimmer. When did this project change — / ownership? lX The Designer's Certification. Dz A copy of the recorded deed restrictions for the outparcels. Mr. Zimmer was supposed to have recorded them before selling the outparcels to anyone. Please provide the requested information and return the package to the address below. If you have any questions, please do not hesitate to call me at (910) 395-3900. Project Name: County: Project Number: cc: Linda Lewis Jon T. Vincent Leland Food Lion Brunswick County SW8 990802 Sincerely, Linda Lewis Environmental Engineer N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 rA NCDENR Fax (910) 350-2004 Customer Service 800-623-7748 Job No. / M3 TRIPP ENGINEERING, P.C. 419 Chestnut Street, Wilmington, NC 28401 11C, ry;�.�_ Phone: (910) 763-5100 - FAX (910) 763-5631 �- Email: trippeng@ec.rr.com %C 0 6 2002 LETTER OF TRANSMITTAL To: NCID OA- /R Attention: /,1;-7 !- r Subject: Z r'&6 / EdlY/ Lon 1--W8 / 910&2— FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER I am sending you: (L,�-ATTACHED ( ) UNDER SEPARATE COVER ( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications (.xOther Copies Item No. _ _ Description These are transmitted as checked below: ( ) For Approval ( ) For Your Use ( ) Sign & Return ( ) Review Remarks: cc: Signed: State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quailty WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: SW8 990802 l , Permit holder's name: Z P No. 91, LLC 2. Permit's signing official's name and title: Jeff Zimmer (Person legally responsible for permit) President Cl;tle) 3. Mailing address: 111 Princess Street City: Wilmington State: NC Zip Code: 28401 Phone: 910-763-4669 FAX: 910-762-1999 (Area Code and Number) (Area Code and Plumber) II. NEW OWNER/NAME INFORMATION: 1. This request is for: X a. Change in ownership of property/company b. Name change of project or company. c. Other (please explain): 2. New owner's name (name to be put on permit): Brunswick Properties, LLC 3, New owner's signing official's name and title: Jon T. Vincent (Person legally responsible for permit) Member Manager (Title) 4. Mailing address: 1508 Military Cutoff Road, Suite 302 City: Wilmington State: NC I Zip Code: 28403 Phone: 910-256-0101 FAX: 910-256-0515 (Area Code and Number) (Area Code and Number) n t PERMIT NAME 1 OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: This completed application 2. Legal documentation of the transfer of ownership A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE' OF CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification- I,- Jeff Zimmer , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incon-Mete. Signature: Applicant's Certification: Date: eph G O Z I, Jon T. Vincent 1 , a est that this application for a name/ownership change has been reviewed and is accurate and complete to the best of mknowledge. I understand that if all required parts of this application are not completed and th t if all required supp ing information and attachments are not included, this application package will be returned as inc In / Signature: Date: l d� P THE COMPL ED PPL CATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE ENT 0 THE FOLLOWING ADDDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 ATTN: Linda Lewis ,11f27!2002 17:07 9IU2560515 JTV MANAGEMENT 1 PAGE 02 DECLARATTON OF STORMWATER RESTRICTIVE COVENANTS I THIS DECLARATION OF RESTRTCTIVCOVENANTS (the "Declaration") is made and entered into this _ day of August, 2002, by LELA.N.D PLAZA P,ROPERTES. TNC. ("Leland") an BRUNSWiCK PROPERBES. LLC ("l-n.in wick") {Leland and Brunswick are collectively iefcrred to herein, as, tlle "Declarant"1. WI'TNESSETH. i WHEREAS, Leland is The fcc simple o«mer of cer ain real property located in Leland,'North Carolina and rnorc particularly described on the attached Fxhibit A (the WHEREAS, Brunswick is the fee simple owner of certain real property located in Leland, North Caroj)na and more particularly described on�the attached Exhibit 113 (the pick Pro erty"); INMEREAS, the North Carolina Department of ' Envirorux►etxt and Natuxal Resoarce:s requires certain covenants to burden the Lelannd,roperty and the Bmi2mia. Property (collcctively referred to herein as the "P-r—o ) in. order to satis£i No.r`b. Carolina stormwater xegulations. NOW, THEREFORE, Declarant hereby declares that the Property shall be hold, cenueyed, encumbered, i.ewed, rented, used, occupied an' improved subject tc the cc renants and restrictions (all h,creinafier sometimes referred to as "Covenants") ,beTei,nafter sct Forth. To ensur.e continued compliance with the North Carolina ,Divisior, of Water Qrjality Stomnwatcr,Management Pemx ,,� Regulations, 15A NCA,C 1127r12002 1 ?; 07 4 9102550515 JTV MANAGEMENT PAGE 03 2.H.1000, the maximurn bui It-tipoa aria for outparccl(s) =d ftiture areas shown on the approved plates is 41,469 square feet fcr Outpa,mel #1, 45,912 square feet for Ontparcel 42 and 11,700 square fet for the Futurc area, This allotted a-nount includes any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. BiAlt uA,.,n area includes, b-ut is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water swface of swimming pools. h. T110 rur.off frnm. ail built -upon area on the autpamel of future area rnvst he directed into the perm,itted stormwater control system- C . Built -upon aroa in excess of the permitted. amount will require a permit rzzotli Icaction. d. The connection into tho storrnwater control shall be made such that shcrt- clrcuiting of the system. sloes not occur. 1N TESTI<MONY WHERcOF, ,,Declarant has creunder caused this Declaration to be executed as or the Clay &-id year first above written. DECLARANT: BRUNSWICK OROPE47iES, LLC is ,M�.lItA1,11h1 LELANn A7A �PROPTRVES, I1vC. a LIQ j��� 11!27,'2002 17:07 9102560515 J7V MANAGEMENT PAGE-- H1BTT A TRACT IB: BFUNG all of that certain parcel of land containing 7.043 acres and shown as Tract 113 vn that certain map entitled 17Y. NO. 91, LLC" dated October 29, 2001 by WK Dickson and recorded on December 20, 2001 in Map Book 25, Page 238 of thte $ransAick County Registry, THE ABOVE DESCRIBED TRACT 1B BENI G A PORTION Op' .ADD CONTAINED itl.ITHTN that certain parcel cf land conveyed to ZP NO. 91.. UC from George A. Reedi and wife, Aza;ea Lewis Reed by North Carolina General Warranty Deed recorded -.)a May 28,1999 at 3:58 p.m. in Book 1306, Page 336, Brunswick County Registry. 11127/2002 17:0' 9102560515 JTV MANAGEMENT PAGE 05 -� TRACT I. A, BEJNTG all of that certain parcel of land containing 2.043 4-/- acres and shown as 'Tract 1A on that certain man entitled "Z.P. NO. 91, LLC" daicd Octobcr 29, 2001 by WK Dicksom ajid recorded on Decerrber 20, 2001 in Map Book 25, Page 239 of the Bruwwick County Registry. TRACT 1.0 BEING all of that certain parcel of land containing 1.243 +l- acres and shown as Tract I C on that ccrtain reap Entitled "Z.P. NO. 91, LLC" dated October 29, 2001 by WK Dickson. and. recorded on December 20, 2001 ir_ Msp Book 25, Page 238 of the BrunrMck County Registry, TRACT 2 BEING all of that certain parcel of land containing 1.1.2 acrEa And shown as Tract 2 on that certain map entitled "'`Map of Z.P. NO, 91, LLC" domed June, 1999 by Sbemi=. l7. Cribb and recorded on 11,1ovember 1, 1999 in .Map Book 22, Page 61. of the Brunswick County Registry, TRACT 3 BEING all of that certain parcel of land containing 1.24 acres and shown as Tract 3 on that certain map entitled. "Map of V. NO. 91. ? LC` dated June, 1999 by Sberwinr D. Cribb and recorded on November 1, 1999 in Map Book 22, Page 61 of the Brunswick County Registry, THE A30VE DESCRIBED TRACTS 1A, 1 C. 2 AND 3 BUNG A PORTION OF AND CONTAiNF'D WITHIN that certain parcel. of land conveyed to ZP NO, 91, LLC from, George B. Reed and wife, Azalea. Lewis Reed by North Carolina General Warranty Deed recorded en May 28, 1999 at 3: S R r ,m. in Book 1.306. Page 336, Btunmic.k County Registry. f O�OF WArFRQG Michael F, Easley, Governor 0)A y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: SW8 990534 3 2 3 Permit holder's name: Z-1 Commercial Properties, LLC Permit's signing official's name and title: Jeff Zimmer (Person legally responsible for permit) President (Title) Mailing address: 111 Princess Street City: Wilmington State: NC Zip Code: 28401 Phone: 910-763-4669 FAX: 910-762-1999 (Area Code and Number) (Area Code and Number) NEW OWNER/NAME INFORMATION: This request is for: X a. b. c. Change in ownership of property/company Name change of project or company. Other (please explain); New owner's name (name to be put on permit). Brunswick Properties, LLC New owner's signing official's name and title: Jon T. Vincent (Person legally responsible for permit) Member Manager (Title) ��- 4. Mailing address: 1508 Military Cutoff Road, Suite 302 City: Wilmington State: NC Zip Code: 28403 Phone: 910-256-0101 FAX: 910-256-0515 (Area Code and Number) _ (Area Code and Number) 11 t �* S7 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 idCi7E-'_t PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: This completed application Legal documentation of the transfer of ownership A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP, FOR NAME CHANGES, COMPLETE AND SIGN TI-IE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: 1, Jeff Zimmer , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. y Signature: C Date: ! J-L-+ I'D 2' tvw� V/"-- Applicant's Certification: I- Jon T. Vincent accurate and complete to the completed and that�if all requ be returned as inco letc. Signature: Y ttest that this application for a name/ownership change has been reviewed and is of y knowledge. [understand that if all required parts of this application are not supp rung information and attachments are not included, this application package will Date: Vg/?�_ Tl-lE COMPLETI API LICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWINGADDDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 ATTN: Linda Lewis