SW8020905_HISTORICAL FILE_20031030

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW �oao9�r
DOC TYPE ❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

State Stormwater Management Systems
Permit No. SW8 020905
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY REDEVELOPMENT
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
Steven C. Stanley, Outback Steakhouse, Inc.
Outback Steakhouse Parkway Shopping Center
Morehead City, Carteret County
FOR THE
construction, operation and maintenance of three bio-retention areas 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 October 30, 2013, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. Bio-
retention systems 1, 2 and 3, have been designed to handle, to the maximum
extent practicable, the runoff from 20,460 ft; 1,100 ft and 6,150 ft, respectively, of
redeveloped impervious area.
3. The tract and the individual drainage areas will be limited to the amount of built -
upon area indicated on page 3 of this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the appropriate permitted stormwater control
system.
2 of 8

State Stormwater Management Systems
Permit No. SW8 020905
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Outback Steakhouse
Parkway Shopping Center
Permit Number:
SW8 020905
Location:
Carteret County
Applicant:
Steven C. Stanley, Sr. Vice President
Mailing Address:
Outback Steakhouse, Inc.
2202 N. Westshore Blvd., 5th Floor
Tampa, FL 33607
Application Date: August 21, 2003
Receiving Stream/River Basin: Peltier Creek / White Oak
Stream Index Number: WOK03 20-36-11
Classification of Water Body: "SB#"
Bio-Retention Area Number:
Drainage Area, P.
Onsite, ft :
Offsite, ft2:
AREA 1 AREA 2 AREA 3
20,460 1,100
20,460 20,460
0 0
Total Impervious Surfaces, ft2:
20,460
Ponding Depth, feet:
6" max
DTSS removal efficiency:
90%
Bio-Retention Lowest Elevation, FMSL:
17.75
Permitted Surface Area, ft2:
1,210
Permitted Storage Volume, ft3:
100
Number of plantings:
28
(D A vegetated filter is not required.
1,100
6" max.
90%
18.2
454
227
11
6,150
6,150
0
6,150
6" max.
90%
17.75
1,490
745
34

State Stormwater Management Systems
Permit No. SW8 020905
II. SCHEDULE OF COMPLIANCE
1. 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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of the bio-retention areas.
d. Immediate repair of eroded areas.
e. Maintenance of required landscape plantings and groundcover in
accordance with approved plans and specifications.
f. Debris removal and unclogging of the bio-retention areas.
g. Access to the bio-retention areas 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. 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.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. 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.
8. 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 lessee. 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 or lease of any portion of the
property.
9. This project was a redevelopment project that disturbed more than one acre after
most of the construction was already completed. To the extent practicable, bio-
retention has been provided as the stormwater treatment. The storage volume
provided in the bio-retention areas may not be quite the 1" normally provided.
F::

State Stormwater Management Systems
Permit No. SW8 020905
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction. If the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The 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.
14. 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.
15. 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.
Ill. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
5 of 8

State Stormwater Management Systems
Permit No. SW8 020905
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 owner or project name changes,
ownership, and mailing address changes within 30 days.
Permit issued this the 30th day of October, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan VV. KilmeK, 1-'.t., Ulrector
Division of Water Quality
By Authority of the Environmental Management Commission
-e

P. 1
FILE MODE
231--MEMORY TX
* * * COMMUNICATION RESULT REPORT ( SEP. 2.2003
OPTION
----------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---- 92526373100
3:33PM )
TTI
RESULT
-----------
OK
NCDENR WIRO
PAGE
--------P.-1i1
E-2) BUSY
E--4) NO FACSIMILE CONNECTION
�� WArr� Michael F. Easley, Governor
� p William G. Ross Jr, Secretary
0 North Carolina Department of Environment and Natural Resources
Alan W. Klimek PE„Director
Division of Wier Quality
Coleen H. Sullins, De uty Director
Division of later Quality
FAX COVER SHEET
Date: September 2, 2003
To: Bob Chiles, P.E.
Company:
FAX #: [phone]
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 020905
Project Name: Outback Steakhouse
MESSAGE:
Mr. Chiles.
As requested twice before, please add the dimensions for all of the bio-retention areas
to sheet C7, Only the dimensions for #3 were added the last time around. The 8,5x11
drainage area map that currently shows these dimensions Is not part of the plan set that
the contract will get, so please add these dimensions to sheet C7.

r 0� WATER Michael E. Easley, Governor
�a P William G. Ross Jr. Secretary
� North Carolina Department of Environment and Natural kesources
Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date: September 2, 2003
To: Bob Chiles, P.E.
Company:
FAX #: [phone]
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 020905
Project Name: Outback Steakhouse
MESSAGE:
Mr, Chiles:
As requested twice before, please add the dimensions for all of the bio-retention areas
to sheet C7. Only the dimensions for #3 were added the last time around. The 8.5x11
drainage area map that currently shows these dimensions is not part of the plan set that
the contract will get, so please add these dimensions to sheet C7.
As previously requested, please add the parking lot dimensions to sheet SW-1 or sheet
C6.
Please submit two copies of the revised plan sheets.
RSSlarl: S:IWQSISTORMWATIADDINF0120031020905.sep02
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NC[JEN

Outback
Subject: Outback
Date: Thu, 17 .lul 2003 15:25:09 -0400
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: "Robert Chiles, P.E." <[e-mail]>
Mr. Chiles:
I was reviewing the landscape plan and find that the minimum number of
plants for Area #3 has not been met. I apologize for not seeing this
earlier.
Based on 1000 trees per acre of bio-retention area, a minimum of 34
plantings is required. The ratio of shrubs to trees should range between
2:1 up to 3:1. So the number of trees should be increased to 8, and the
number of shrubs you need to provide at 3:1 is 26, for a total of 34
plants.
The number of plantings for Area #1 is also a little deficient. You need
4 more plants to meet the minimum of 28.
Linda
I of 1 7/17/2003 3:26 PM

Bio-Retention Area and Volume
Req. Prov. Prov.
DA BUA Rv Vol Area Area Volume
#1 20,460
20,460
#2 1,100
1,100
#3 6,150
6,150
Landscape- Requirements
(5%)
.95 1,620 972
.95 87 52
.95 487 292
1,210
100
454
227
1,490
745
Req,
Prov.
Req.
Prov.
Acreage
Plants
Trees
Shrubs
Shrubs
#1 .028
28
11 '
22-33
13
#2 .010
11
1
2-3
10
#3 .034
34
3-8
V
2Zoo

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINESURVEYORS
417-A BROAD S7. BUSINESS: 252-637-4702
P.O. BOX 3496 FAX' 252-637-3100
NEW BERN, NORTH CAROLINA 28504-3498 August 18, 2003 rmeengrQcconnect.nol
Certified Mail Receipt No. 7099 3400 0011 5237 3264
Ms. Linda Lewis
AUG 2 ,� 2003
NCDENR, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 --- .........
Subject: Outback Steakhouse, Morehead City
Stormwater Project No. SW8020905
Enclosures: (1 ) 2 Copies, Revised Landscape Plan, Sheet #C-6, Outback Steakhouse, Parkway
Shopping Center Outparcel, prepared by Robert M. Chiles, P.E. and indicating
Revision No. 8, dated 8/-18/037---_-
(2) 2 Copies, Revised•Stormwater Management Plan, Sheet #SW-1, Outback
Steakhouse,;Parkway,Shopping CenferOutparcel, prepared by Robert M. Chiles,
P.E. and indicating RevISlOn.NO: ll'Jdated�8/,1'8/03.
Dear Ms. Lewis: If,
On behalf of Outback Steakhouse -"In&. v;.e are respond i 9 fogbur-email dated July 17, 2003
1 _J7 \` ti
requesting revisions to the number of proposed plants in bio-retention areas one and three.
Enclosures one and two are-revised'fo"'ind' ate the number of plants that you requested. Five
trees and fourteen shrubs are added to the quo ntities-previously.indcated for, bio-retention area 3 and
four shrubs are added tothequantity previously indicated for, bid -retention area 1.
t
We trust that this revision wilf•complete the requiriementstthat your office will require for issuance
of the requested stormwater.permit.rand anticipate`issuance`villfollow :your receipt of this reply.
Nonetheless, should you have.any oth& questions ar�require odditional;information, please contact us
at your convenience.
I,g
ery. truly -yours,
--Robeert M. Chiles, P.E.
Michael L. Rice, P.E.
CC. Eric Hartman, Outback Steakhouse, Inc.
Steven Stanley, Outback Steakhouse, Inc.
F:\MlkeR\Documents\2002\2002023 Lewis Response3 081803.wpd
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS - BOUNDARY SURVEYS AND MAPPING SERVICE

Outback
Subject: Outback
Date: Thu, 17 Jul 2003 12:21:03 -0400
From: Linda Lewis <[e-mail]> D
Organization: NC DENR
To: "Robert Chiles, P.E." <[e-mail]>
Mr. Chiles:
As previously requested, please put the dimensions for ALL of the Bio-retention areas on sheet C7. Only
the dimensions for 43 were added. You show them on the 8.5 x 11 drainage area map, but since that
map won't be part of the plan set, please add the dimensions to Sheet C7.
Additionally, the parking lot dimensions are also on the 8.5 x 11 drainage area map. Please add these to
SW-1 or CG.
Please submtit 2 copies of the revised sheets.
Linda
I of 1 7/17/2003 12:21 PM

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ROBERT M. CHILES, P.E.'
Engineers& Consultants
NEW BERN, NC 28560
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ROBERT M. CHILES, P.E.
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NEW BERN, NC 28560
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STORMWATER MANAGEMENT PLAN
FOR
O
ti�ti�.riri!!r .
MOREHEAD ,CL'Xt��H CAROLINA
.611
6
8 SEAS. ., v
5365
P,KEPASEW ,\ `
R!!lf11111�ti1 '�„ii
ROBERT M. CHMES, P.E.
Engineers & Consultants
417-A Broad Street
P.O. Box 3496
New Bern, North Carolina 28564-3496
November 22, 2002
Job No. 2002023

a. NARRATIVE
i. PROJECT DESCRIPTION:
This project involves the construction of stormwater treatment facilities to serve the OUTBACK STEAKHOUSE restaurant
constructed in Morehead City, North Carolina during the summer of the year 2002. The customer parking area is located
on the redeveloped area of a previous bank parking lot. The new restaurant building is located on a portion of this bank
site that was grassed.
ii. SITE DESCRIPTION:
The project site is located within the City Limits of Morehead City North Carolina on the south side of US Highway 70
(Arendell Street) and is an out parcel of the Parkway Shopping Center. The project site area includes 1.17 acres of leased
land and totals 1.38 acres of land when the grassed portion of the NCDOT highway right of way between the property line
and the street sidewalk is included. The roof of the restaurant and the grass lawn between the restaurant and the street
drains stormwater runoff to a catch basin that existed prior to construction of the restaurant. The remainder of the site
drains from the parking area across the Parkway Shopping Center asphalt parking lot that subsequently discharges to the
headwaters of Peltier Creek at the southwest corner of the shopping center.
iii. ADJACENT PROPERTY:
The site is bounded on the north side by Arendell Street and on the south, east and west by the Parkway Shopping Center.
iv. SOILS:
Geotechnical engineering exploration conducted during the year 2002 found that the soils underlying the entire site
consisted of sandy type material down to a depth of 16 feet. The groundwater was estimated to have been at an average
depth of about 4 to 5 feet
v. GENERAL:
The stormwater management system will be constructed in its entirety, vegetated, and made operational for its intended
use without interference with the operation of the restaurant or creation of sediment runoff from the site.
The Owner/Developer shall not fill in, alter or modify any of the vegetative practices (ie. Bio-retention area) shown on the
approved plans as part of the stormwater management system without submitting a revision to the permit and receiving
approval from the Division of Water Quality. Also, the following items will require a modification to the permit: transfer
of ownership, project name change, redesign or addition to the approved amount of built upon area, and any revision to
the approved plans. The Division of Water Quality may determine that other revisions to the project require a modification
to the permit.
The stormwater collection system proposed for this site will consist of three bio-retention areas. The area designated as
91 is located along the south side of the parking lot, receives sheet flow of runoff from the parking lot and discharges excess
runoffto the existing shopping center parking lot The bio-retention area #2 is within the existing tree island located within
the parking lot and receives runoff from a portion of the parking area drive and the adjacent sodded area. The bio-retention
area 43 is located at the northeast corner of the restaurant building and receives runoff from the roof of the building.
Within the site, including the sodded area between the property line and the sidewalk along Arendell Street, the impervious
to pervious ratio is approximately 50/50 with 29546 square feet impervious out of a total area of 60106 square feet.

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c. CALCULATIONS
BIO-RETENTION AREA
PROJECT AREA
Impervious (building, pavement)
Other, Grass
BIO-RETENTION AREA REQUIRED
Use 6% Drainage Area x C
C = 0.90 (Paved, Building), 0.25 (Grass, Landscape)
(0.06)(33,323)(0.9) = 1800 sq_ ft.
(0.06)(26,783)(0,25) = 400 sq. ft.
2200 sq. ft.
ROBERT M. CHILES, P.E.
Engineers & Consultants —
1.38 f acres = 60,106 sq. ft.
0.76± acres = 33,323 sq. ft.
0.62 ± acres = 26,783 sq. ft.
Note: Per NCDENR "Stormwater Best Management Practices," area size to be 5% to 7°/o of the drainage area. Use
6% owing to existing sand soils insitu.
BIO-RETENTION AREA PROVIDED
Area #1 = 1208 sq. f3.
Area 42 — 454 sq. ft.
Area #3 — 600 sq. ft.
2262 sq. ft.
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ROBERT M. CHILES, P.E. UN 1.2 20a3
ENGINEERS, CONSULTANTS
8
MARINESURVEYORS IN4
417•A BROAD ST, ULJBUSESS: 252-&37-4702
P.O. BOX 3496 FAX: [phone]
NEW BERN, NORTH CAROLINA28564-349fi ��- ^-^'rmeeng�®cconnecl.net
June 11, 2003
Certified Mail Receipt No. —7022 34Q0_001.1 987��283 SGU�FoW qUS
Ms. Linda Lewis
NCDENR, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Outback Steakhouse, Morehead City
Stormwater Project No. SW8020905
Enclosures: (1 ) 2 Copies, Revised Detail Sheet, Sheet #C-7, Outback Steakhouse,
Parkway Shopping. C6hter.06tparce1, prepared by Robert M. Chiles, P.E.
and indicating'ReVision No:8, dated b'/2/03.
(2) Drawing,,,0utbacVSteak}house;,Iric.;;Drainage Areas of their Morehead
City Restaurant•Site, prepared Eby -Robert M.'Chiles, P.E., Revised June 2,
2003
A y BIORETENTION AREA
(3) Sheet 4 of 4 of�previousl submitted calculations,
PROPERTIES "" prepared b�rNRoberf M. Chiles;P.E ;-Revised June 3, 2003.
Dear Ms. Lewis: _ as
On behalf of Outback Steakhouse, Inc., we are resp ding to your letter dated May 23,
2003 requesting additional information.
z
Enclosure l is submitted in response to your requestrto have the plan revisions,
„K::
previously submitted in 8 5'i x` 1 1 ` format, placed on tt�24`' x 3b..plan set. The revised drawing
includes the dimensions of bioretention "area A. I eh , aioretention area cross -sections.
�.,
Enclosure 2 is a copy of the. previously submitted ;drainage area drawing (8.5" x 1 1 " )
revised to include the requested additional �di:men�ions:
Enclosure 3 is revised in response to your request that we provide the specific
calculations and methods of how we determined the storage volumes indicated.
Your letter includes two new questions that reflect concerns raised by persons from
NCSU about the distribution box in bioretention area 3. The first question inquires how the
overflow pipe is protected from clogging. Enclosure 3 originally depicted a conical trash
grate on the pipe, but the grate was not labeled. The revised drawing includes a trash grate
label in the distribution box detail. By design, the flow of water near the distribution box is
normally outward, from the box toward the area perimeter, serving to keep the box clear of
debris. During overflow periods, it is anticipated that inflowing water will continue to push
debris away from the box, again keeping debris away from the outlet. Any discharge into the
overflow pipe after a rainfall event is expected to be at low enough velocities that the
MECHANICAL. CIVIL, AND MARINE ENGINEERING MARINE HYOROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

amount of vegetated debris collected at the outlet will be insignificant. Debris that does
collect at the outlet will fall from the grate with the water level in the bioretention area.
Additionally, any debris collected within the box during dry periods will be flushed out toward
the area's perimeter with the next rainfall. Your second question inquires if there is a way to
get the water in the box out into the bioretention area. Referring again to the distribution box
detail on the revised drawing, note that we have labeled the box to make it clear that the 6-
inch gravel layer underlays a bottomless box. The water in the box will infiltrate the underlying
soils and/or evaporate at the some rate as the volume of water the bioretention area is
designed to capture, eventually producing a dry box.
Thank you for the reference to 15A NCAC 21-1.1003(h)(2) and the explanation of the ten
year records retention requirement.
We trust that this information represents :the information your letter requested. Should
you have any other questions orrequir'e addtioiidl informd ion, please contact us at your
convenience. ;
Very.ruly yours,
F, 1 M1 l
F:\MIkeR\Documenfs\2002\2002023 Lewis Response2 050303.wpci

� ROBERT M. CHILES, P.E. MAR 2 4 2003j
ENGINEERS, CONSULTANTS U
MARINESURVEYORS �/��Q+
BIlSINA2527-47U2
417-A BROAD ST.
FAX:
252-63.637-3100
P.O- BOX 3496 F
NEW BERN, NORTH CAROLINA20564-3496 rmc
March 12, 2003 engrGoconnect.net
Certified Mail Receipt No. _7099_340_0-0.dI-1_0638-385-1
Ms. Linda Lewis
NCDENR, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Outback Steakhouse, Morehead City
Stormwater Project No. SW8 020905
Enclosures: (1)
Copy, various calculations, 4 sheets, prepared by Robert M. Chiles, P.E.
(2)
Drawing, Outback -Steakhouse`;' Inc., Drainage Areas of their Morehead
City Restaurant Site, prepared by/Robert M. Chiles, P.E., March 12, 2003.
(3)
Drowing,,O.utback'Steakhouse; l6c!:Bio-retention Area Details of their
Morehead, City, Restaurant-Site,.prepdred by,Robert M. Chiles, P.E., March
12, 2003.
(4)
Revised-Page!2.of,4'of NCDENR Stormwater Management Permit
Applicdtion-iForm,SINU 1 Q1, version 3.99,`i1ndicating 3 drainage areas.
(5)
Revised Par'a— inn: Maintenance Requirements for the Outback
Steakhouse SMorehead4City, Stormwater Management Plan
(6)
Revised Tableyof Coitentsjormthe Outback -Steakhouse, Morehead City,
Stormwater Managementj'Plan` `6a
(7)
New Page,', Section II (b)(vi)'Ta61e:4.7..Example Maintenance Schedule for
Bio`-..retention Areas: for they(, Yufback'Steakhouse Morehead City,
Stormwater ManagemeLPIe
Dear Ms. Lewis:
On behalf of Outback Steakfhouse, zinc., -we are.'responding to your letter dated
sir '
February 12, 2003
s )L,)
requesting additional -information. --':
Enclosure 1 is submitted in response to your requests for additional calculations as
contained in your paragraphs 1, 2, and 4. Note that we have calculated the area of the bio-
retention cells as 5% of the contributing drainage area owing to the underlying insitu sands.
Enclosures 2 and 3 are submitted in response to your paragraphs 7 and 8, and 3,
respectively.
Enclosure 4 is submitted in response to your paragraph 9, and is revised to include a
separate column in Section 111.6 for -each bio-retention area as requested.
Enclosure 5, 6, and 7 are submitted in response to requests contained in your
paragraphs 10 and 11. The statement indicating a record retention period of five (5) years is
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL., MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

appended with the phrase "or as required by the permit." The most recent stormwater permit
copies we have received to date indicate a five (5) year records retention time. Please
advise if DWQ has changed this requirement so that we may update our information.
Additionally, We have revised Section 11 (b) (ii), Maintenance Requirements, to include a
statement that indicates. Table 4.7 of the BMP manual is included as part of the stormwater
plan for reference. The Table of Contents is modified to include a Section iI (b) (vi), Table 4.7,
NCDENR BMP Manual, and a new page bearing that section number and the table is
created. Lastly, the closing statement of Section Ii (b) (ii), under Routine Maintenance,
Inspections, is changed to read "Inspections shall be carried out with "Approved" plans."
New and modified texts in enclosures 5 and 6 are printed in bold for your benefit.
In response to your paragraph 5, we offer the following explanation. As indicated by
the details included in the previously submitted drawing sheet C-7, bio-retention area 3 is
encompassed about with a berm that limits inflow to -water entering via the detailed
distribution box. Water entering the b6x spills.o 6t ovrerIond- into the bio-retention area and
sheet flows across its surface./When therstorm pool-,reachesd,depth of six inches, the water
entering the box no Ionger.eniers`thei rete.ntiori area, but instead exits via the overflow
riser. The short circuiting effect of°excess, rainwater the risercreates is the bypass mechanism
by which this bio-retention area -functions as an offline system;,, The six inch storm pool is
retained within the confines of the bio-retention area until it�evaporates or infiltrates. To
remove the overflow as,you indicat6d;`:would require excess water to`'enter the bio-retention
area, fill it above the desired six inch stoe m pool depth, and overflow the berm, effectively
overwhelming the area.
t
In response to your paragraph 6, we offer tharfollowing explanation. As discussed
during our meeting with you at your office, we agreed to"over treat"/Some areas of the
project to make up for any -that may be "under;treated" owing to space restrictions. Bio-
retention areas two and three, therefore, are proposed-to,'be larger than necessary in a good
faith effort to account for any-shortcomings_ofl io-reterition.areafone and to provide an
overall treatment area larger than,that'-requir6dJ6r the project overall. Calculations
contained in enclosure one indicate that for_the overall project 1,316 square feet of bio-
retention area are required and we ar'e-provi�dingr3,154-square feet overall. Bio-retention
area one treats the stormwater runoff produced by the restaurant parking lot. Although the
bio-retention area does not retain a volume equal to the one inch runoff volume for the
parking lot, it will provide greater stormwater control than the existing development. What
you refer to in your letter as the "Parkway Shopping Center curbing," does not currently exist.
We propose its construction as a way to increase detention time and promote increased
infiltration of runoff discharges from the parking lot. This short wall will separate bio-retention
area one from the Parkway Shopping Center parking lot. Stormwater will be diverted to the
ends of the wall where it will exit the site and follow the pre-existing stormwater drainage
pattern across the shopping center parking lot.

In response to your paragraph 12, we offer the following observation. Most of the trees,
shrubs and ground covers specified on the landscape plan are for the general landscaping of
the restaurant site. Referring to the plan, you will note that trees T-1 and T-3, shrubs S-1 and S-4,
and ground cover GC2 are indicated for the bio-retention areas. These represent willow oak,
eastern red cedar, common juniper, creeping juniper, and English ivy, respectively, all of
which are found in Tables 4.3, 4.4, and 4.5 of the NCDENR Stormwater BMP manual (the
recommended plant species for use in bio-retention areas).
We trust that this information represents the information your letter requested. Should
you have any other questions or require additional information, please contact us at your
r•nnvPniPnr^P
.�.--� Very�truly
Robert M
1
Michael -I
ours
36L =
Joe
Chiles, P`E:
i
cc. Eric Hartman, Outback Steakhouse, Inca.
Steven Stanley, Outback Steakhouse, In'c..
` :.-` •..
T
A,fJ'�a
_ram
F:\MIkeR\Documents\2D02\2002023 Lewis Response.wpd

Re: Quick Question
Subject: Re: Quick Question
Date: Tue, 20 May 2003 13:51:52 -0400
From: Darren England <darren.england@ncmall. net>
To: Linda Lewis <[e-mail]>
CC: Bradley Bennett <[e-mail]>
LL:
I think we can accept using the 5% figure when the underlying soil id
natural sand.
I'm not sure I understand the "bubble up" part of the plan. Considering
the downpours you all get sometime and the head that could be built up
from draining off a roof, I get this mental picture of water shooting up
like a fountain :-)
Can you send us a drawing or something?
-dme
Linda Lewis wrote:
>Darren:
>For sizing bio-retention areas, there are two figures that can be used,
>5% of the drainage area and 7% of the drainage area. One of the
>paragraphs talks about not using a constructed sand layer in NC, meaning
>the 7% figure must be used. If the underlying soils are natural sands,
>can 5% be used to size the bioretention area in North Carolina?
>Also, this engineer is proposing a bioretention area for a building. He
>plans to bring the roof drains into the BR area via a pipe, which will
>enter a concrete box set up in the middle of the infiltration area. The
>top of the box is at the bottom elevation of the BR area. The runoff
>will be forced to bubble up through the top of the box to be dispersed
>onto the bottom of the BR area. Once the ponded level reaches 6", an
>overflow riser in the box will take it away. Is sheet flow into the BR
>area a requirement? Will this sort of distribution box and bubble up
>method cause any problems with the way bioretention works?
>Many thanks for you help.
>Linda
Darren M. England
of 2 5/20/2003 2:37 PM

Re: Quick Question
1
Environmental Engineer
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E-mail: [e-mail]
Phone: [phone], Ext. 545
Web Site: httpa/h2o.enr.state.nc.us/su/stormwater.html
Engineering is the art of molding materials we do not
wholly understand into shapes we cannot precisely analyze
so as to withstand forces we cannot really predict in such
a way that the community at large has no reason to suspect
the extent of our ignorance.
. Source: ?????
2 of 2 5/20/2003 2:37 PM

Alt. Bioretention Design
1
Subject: Alt. Bioretention Design
Date: Tue, 27 May 2003 11:26:19 -0400
From: Darren England <darren.england@ncmail. net>
To: linda lewis <[e-mail]>
LL:
FYI - More positive response from the Maryland guru's on the alternative bioretention inlet design.
The inlet bioretention sketch looks fine. Just be sure to address possible
erosion and/or piping around the inlet structure that may cause subsidence.
Also, plant vegetation thickly enough (or use groundcover) to control mulch
floatation.
-dme
PS: Rumor is your coming this way tomorrow - See you then
Darren M. England
Environmental Engineer
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E-mail: [e-mail]
Phone: [phone], Ext. 545
Web Site: http://h2o.enr.state.nc.us/su/stormwater.htmI
Engineering is the art of molding materials we do not
wholly understand into shapes we cannot precisely analyze
so as to withstand forces we cannot really predict in such
a way that the community at large has no reason to suspect
the extent of our ignorance.
Source: ?????
of 1 5/27/2003 4:54 PM

O�OF,NArERQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
May 23, 2003
Mr. Steven C. Stanley, Sr. Vice President
Outback Steakhouse, Inc.
2202 N. Westshore Blvd., 5th Floor
Tampa, FL 33607
Subject: Request for Additional Information
Stormwater Project No. SW8 020905
Outback Steakhouse, Morehead City
Carteret County
Dear Mr. Stanley:
The Wilmington Regional Office received a Stormwater Management Permit
Application for Outback Steakhouse, Morehead City on March 24, 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:
1. Please place all requested plan revisions on the plans and submit 2
copies of the revised plan sheets. The 8.5" x 11" sheets cannot be made a
part of the approved 18" x 24" Ian set. The drainage area delineation is
#ine on an 8.5 x 11 sheet, but the revised bio-retention details and
dimensions need to be on the plans.
2. Please dimension the northwest end of the parking lot.
3. Please show the specific calculations and methods of how you determined
the storage volumes provided in Bio-retention Areas #1, #2 and #3. Simply
stating that 100± cubic feet, 227± cubic feet and 745± cubic feet of
volume, respectively, is being provided is not sufficient.
4. As previously requested, please dimension the individual Bio-retention
areas. The overall parking lot and building dimensions submitted on the
8.5" x 11" sheet do not show this.
5. Thanks for explaining the landscape plan, the way the distribution box
works, and why there Is a deficiency In Area #1. Redevelopment does
require maximum extent practicable, and I agree that you nave met this
requirement for Area #1.
6. The 5 year expiration you refer to might be the NPDES stormwater
permits, which are different from State Stormwater permits. Please refer to
NCAC 2H.1003 (h) (2). When the Division switched over to permits in
1995, the high density permits were set to expire 10 years from the date of
issuance, and a permit condition was added which required the permittee
to keep the approved plans on file for that same period.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
NCDENR

Mr. Stanley
May 23, 2003
Stormwater Application No. SW8 020905
Based on comments from one of the creators of the BMP Manual at
NCSU, there are two concerns: 1. The 8" overflow pi a may be too small.
How is this pipe protected from potential clogging? There will be quite a lot
of vegetated debris generated by the bio-retention plantings, which may
present a clogging potential; and 2. The inside of the box may be a
mosquito's dream breeding round. Is there a way to get the standing
water in the box out into the bio-retention area?
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
June 23, 2003, or the appplication will be returned as incomplete. The return of a project
will necessitate:resubmittal of all required items, including the application fee.
Ifyou 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:ailowed 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 [phone].
Sincerely,,
WC�
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSlSTORMWATIADDINF0120031020905.may03
cc: Robert Chiles, P.E.
Linda Lewis

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Re: Quick Question
:..µ
Subject: Re: Quick Question
Date: Fri, 23 May 2003 11:11:59 -0400
From: Darren England <darren. england@ncmai ].net>
To: Linda Lewis <[e-mail]>
CC: Bradley Bennett <[e-mail]>
LL:
I have not got a response back from the folks in Maryland, however I did get one from Bill Hunt at
NCSU. His comments were as follows:
1. This ttesigtt may foster a mosquito haven inside the box. I don't see a mechanism to draw water out of the box.
2. we don't want to overtop the basin. If the drawdown pipe inside the box is not big enough (or gets blocked/clogged) we
could have a probleni (normal bio-retention has a big weir or inlet acting as overflow which is difficult to clog).
Other than that; this design is pretty clever. The heights of the box and overtlow pipes are such that a decent atnount of
pending will occur outside the box. Rujtoff anight not spread over a large area, but it only wouldn't if it didn't need to (i.e. high
infiltration rates in existim soil). we have seen several hr devices whose surface area is only fractionally tiled. They're still
good devices.
Based on Bill's comments, I would suggest you ask the consultant to address Bill's two concern's and if
they can be addressed adequately, let them move forward.
-dme
Linda Lewis wrote:
Darren:
1, too, was concerned about the distrubution of the runoff -that's why 1 questioned the need to sheet
flow into the area. Maybe I could require a mechanism to spread the flow.
The size of this system is relatively small- 1,490 sq. ft and 745 cubic feet of volume, so it might not be
as much of a concern as we think.
I'll hold my addinfo letter pending receipt of info from Maryland.
Thanks for jumping on this so quick.
Linda
Darren England wrote:
LL:
Got your fax. My only concern is that for small storms, the runoff might not spread out over the
entire area. There aren't any dimensions on the drawing, so it's a little hard to tell whether that is a
real concern or not. For a small cell, it probable wouldn't matter, but for a larger cell, it could be.
I've sent a copy of the drawing to the bioretention guru's in Prince George's County Maryland to see
if they have had any experience with a design like this. Give me a day or two to get a answer back
I of 4 5/23/2003 12:42 PM

Re: Quick Question
. j .
from them.
Do you have any concerns over the design?
-dme
Linda Lewis wrote:
Darren:
A fax is on the way.
Linda
Darren England wrote:
I LL:
I think we can accept using the 5% figure when the underlying soil id
natural sand.
I'm not sure I understand the "bubble up" part of the plan. Considering
the downpours you all get sometime and the head that could be built up
from draining off a roof, I get this mental picture of water shooting up
like a fountain :-)
Can you send us a drawing or something?
-dme
Linda Lewis wrote:
Darren:
For sizing bio-retention areas, there are two figures that can be used,
5% of the drainage area and 7% of the drainage area. One of the
paragraphs talks about not using a constructed sand layer in NC, meaning
the 7% figure must be used. If the underlying soils are natural sands,
can 5% be used to size the bioretention area in North Carolina?
Also, this engineer is proposing a bioretention area for a building. He
plans to bring the roof drains into the BR area via a pipe, which will
enter a concrete box set up in the middle of the infiltration area. The
top of the box is at the bottom elevation of the BR area. The runoff
will be forced to bubble up through the top of the box to be dispersed
onto the bottom of the BR area. Once the ponded level reaches 6", an
2 of 4 5/23/2003 12:42 PM

Re: Quick Question
overflow riser in the box will take it away. Is sheet flow into the BR
area a requirement? Will this sort of distribution box and bubble up
method cause any problems with the way bioretention works?
Many thanks for you help.
Linda
Darren M. England
Environmental Engineer
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E-mail: Darren. England CcDncmail.net
Phone: [phone], Ext. 545
Web Site: http://h2o.enr.state.nc.us/su/stormwater.html
Engineering is the art of molding materials we do not
wholly understand into shapes we cannot precisely analyze
so as to withstand forces we cannot really predict in such
a way that the community at large has no reason to suspect
the extent of our ignorance.
Source: ?????
Darren M. England
Environmental Engineer
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E-mail: Darren. England(cDncmail.net
Phone: [phone], Ext. 545
Web Site: http://h2o.enr.state.nc.us/su/stormwater.html
3 of 5/23/2003 12:42 PM

Re: Quick Question
Engineering is the art of molding materials we do not
wholly understand into shapes we cannot precisely analyze
so as to withstand forces we cannot really predict in such
a way that the community at large has no reason to suspect
the extent of our ignorance.
Source: ?????
Darren M. England
Environmental Engineer
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E-mail: [e-mail]
Phone: [phone], Ext. 545
Web Site: http://h2o.enr.st_ate.nc.uslsulstormwater.html
Engineering is the art of molding materials we do not
wholly understand into shapes we cannot precisely analyze
so as to withstand forces we cannot really predict in such
a way that the community at large has no reason to suspect
the extent of our ignorance.
Source: ?????
4 of 4 5/23/2003 1142 PM

OF
WArFR
QC
r_
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 12, 2003
Mr. Steven C. Stanley, Sr. Vice President
Outback Steakhouse, Inc.
2202 N. Westshore Boulevard, 5th Floor
Tampa, FL 33607
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. S W 8 020905
Outback Steakhouse, Morehead City
Carteret County
Dear Mr. Stanley:
The Wilmington Regional Office received a Stormwater Management Permit Application
for Outback Steakhouse, Morehead City on December 3, 2002. A preliminary review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
vA1 �( i. Several of the required design elements and calculations for sizing the bio-
4 retention areas have not been provided. Please refer particularly to sections 4.4,
4.7, 4.8 and 4.12 of DENR's Stormwater Best Management Practices Manual
QP (April 1999). Please list each sizing requirement and show the calculations for
meeting it.
2. Per Section 4.4 of the BMP manual, the area of an individual bio-retention cell is
2' either 5% or 7% of it's drainage area, depending on if a sand layer is provided.
Since the sand layer is not recommended for use in North Carolina, the correct
figure to use is 7% of the drainage area, not 6%. Please revise.
X 3. Please provide more detail for each bio-retention area. Refer to the plan and
section views illustrated on pages 31-35 oftheBM? Manual. Please note the
gX ponded depth as 6", the planting soil depth as 4% the 3:1 side slope, etc.
G�
GZpll' 4. Per Section 4.8 of the BMP manual, please calculate the 1" runoff volume for
�hI each bio-retention area, and provide sufficient volume in the bio-retention area to
accommodate the V volume.
2 5. Please remove the overflow riser pipe outlet in Area.#3. Bio-retention must be
A designed as an offline system, similar to infiltration. Once in the system, the
art+ runoff must either infiltrate or evaporate. The excess design storm runoff must
bypass the system before it has a chance to go through the system and overwhelm
Oy it. Please demonstrate how this will occur at this site.
p�
i 6. Bio-retention area 91 does not provide the flat area needed to promote infiltration.
O neighboring e ap arking lot.ars to The continual storing nthe Outback of runoff u pagainst lot
the back of the
( �j parkingg P
e Parkway Shopping Center curbing will eventually cause the curbing to fail.
7. Please delineate the single drainage area for each bio-retention area..
A
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

IMr. Stanley
February 12, 2003
Storniwater Project No. SW8 020905
---------------------------------------------------
8. Please provide a dimension plan with each bio-retention area, building, sidewalk,
and parking area dimensioned.
✓9. Please complete a separate column in Section 111.6 of the application, one for each
bio-retention area. Please also report the proposed built -upon areas in square feet.
Small numbers are easier for me to verify if they are in square feet.
10. Please refer to Table 4.7 in section 4.18 of the BMP Manual for bio-retention
maintenance requirement. Please incorporate these requirements into the
Operation and Maintenance Plan.
✓I L Please delete the following references in your O&M plan:
a. Maintaining a copy of the approved plans and specifications for 5 years.
rUi2 5----V The minimum is 10 years, and is a permit condition.
b. Inspections shall be carried out with "As -built" bio-retention plans.
As required by the permit, inspections shall be carried out with the
approved plans.
Most of the trees, shrubs and ground covers specified on the Landscape Plan are
not on the "Recommended Species for use in Bio-Retention" tables 4.3, 4.4.and
4.5 found in Section 4.11 of the BMP Manual. Please either specify those species
found in the referenced tables, or provide evidence to show that the selected
species will function effectively in this type of environment.
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 March 12, 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 [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSlSTORMWATIADDINF0120031020905.FEB03
cc: Linda Lewis
Robert Chiles, P.E.
-01

TABLE OF CONTENTS
STORMWATER MANAGEMENT PLAN
for
OUTBACK STEAKHOUSE
MOREHEAD CITY, NC
I. APPLICATION FORM
a. STORMWATER MANAGEMENT PERMIT APPLICATION FORM SWU-101
VERSION 3.99, 4 PAGES
b. PART M. ITEM I DETAIL NARRATIVE PAGE 2A OF 4
C. SUPPLEMENTAL DRAWING:
PORTION OF USGS QUADRANGLES NEWPORT AND MANSFIELD.
II. MANAGEMENT PLAN
a. NARRATIVE
i. PROJECT DESCRIPTION
ii- SITE DESCRIPTION
iii. ADJACENT PROPERTY
iv. SOILS
V. GENERAL
b. MAINTENANCE
i. CONSTRUCTION PHASE
ii. MAINTENANCE REQUIREMENTS
ROUTINE MAINTENANCE
NON -ROUTINE MAINTENANCE
iii. CERTIFICATION COMPLIANCE
iv- MAINTENANCE COSTS
V. RESPONSIBLE PARTY
vi. TABLE 4.7, NCDENR BMP MANUAL
C. CALCULATIONS
III, DRAWINGS
a. STORIVfWATER MANAGEMENT PLAN
for
OUTBACK STEAKHOUSE, MOREHEAD CITY, NC
by
ROBERT M. CHILES, P.E.
ENGINEERS & CONSULTANTS NEW BERN, NC
DATED 2-25-2002
SHEETS C-1, C-6, C-7, and SW-1.
RECEIVED
MAR 2 A 2003
DWQ
PROJ # SLu90ZU qU5
M=h 12, 20O

1
vi. TABLE 4-7 EXAMPLE MAINTENANCE SCHEDULE i& BIORE.TENTION AREAS:
Description
Mghod Frequency Time of'�
Year
Soil
Inspect and Repair Visual Monthly
Monthly
Erosion
Or4anic Laver
Remulch any void area
By hand I Whenever needed
Whenever
f
needed
Remove previous mulch
By hand Once every two or
Spring
sayer before applying new
three years
laver (cociona1)
Any additional mulch
I By hand Onc- a year
I Spring
added
Plants
Remove and realacement
See planting
Twice a year
3115 to 41/10 and
of all dead and diseased
S. ecifications
10/1 to 11/r0
vegetation considered
bevond u eaane-nt
Treat all diseased trees
Mechanical or
NU
Varies, but will
and shrubs
by hand
depend on
inset. or disease
inFestauon
W'ate tn; plan[ ,,,a[e=af
Bv'aa d
I - _iate!y a� e.
\4/A
shalt take place at the nd
corpietion or
of each day [or [cure_.,
.-rojec.
consecutive days and
after piarcing has bee
cemofeced
Replac-:necc oC s::wto,�
I By hand
Once a yecr Oniy -L--move
stafc--s
,. '.ties in cl e
SO-4
Replace ar•v _e c ...
I B., hamv'r.,. :er -.ee t
SZa.'<es Or wires
':e_ce'
RECEIVED
MAR 2 A 2003
DWQ
PROD #' 5GuJUWgU5
M

�<
p.

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
6
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN. NORTH CAROLINA 28564-3496
February 26, 2003
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
CERTIFIED MAIL RECEIPT -97099 3400 0011 0638 3882
Subject: Outback Steakhouse - Morehead City
Ref: (a) Your letter dated February 12, 2003 to Mr. Steve Stanley
(b) Your Project No. SW8020905
Eric: (a) Copy of your letter dated February 12, 2003
(b) Copy of postmarked envelope dated February 22, 2003
Dear Ms. Lewis:
'BUSINESS:252-637-4702
FAX: [phone]
rmcengr @ cconnect.net
Our office received your letter requesting additional information regarding the above referenced
project on February 24, 2003, postmarked February 22, 2003. You indicated this information
should be provided prior to March 12, 2003. We are requesting the due date for this additional
information be extended to March 22, 2003. This additional time would allow for a more
comprehensive response to your request.
We trust that you will notify our office regarding this matter as soon as possible..
Y ery truly,
Robert M. Chiles, P.E.
cc: Eric Hartman - Outback Steakhouse
r RMC File # 2002023
D:\Myt'ilcs1200202311ewis.ltr.2.26.03.wpcE
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

` - - fin° • �t"Oi -
r F

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
S
MARINESURVEYORS
417-A 13ROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564.WG
November 27, 2002
Ms. Linda Lewis
NCDENR, Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Outback Steakhouse - Morehead
BUSINESS: 2 52-637 -4702
FAX: [phone]
rmcengr O CConnect.net
Enclosure: ( 1) Original and one copy of Stormwater Management Plan for Outback
Steakhouse, Morehead City, NC, with drawings C-1, C-6, C-7, and SW-1,
prepared by Robert M. Chiles, PE, date November 22, 2002
(2) Check #26790 for $420, payable to NCDENR
Dear Ms. Lewis:
On behalf of Outback Steakhouse, Inc., we submit enclosure 1 for your review
and approval.
Should you have any questions or require additional information, please contact
us at your convenience.
Very truly yours,
ROBERT M. CHILES, P.E.
Ck- J
S1 z-
Michael L. Rice, E.I.
F:\MikeR\Documents\2002\2002023 Lewis SW.wpd
14
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. Robert M. Chiles, P.E.
P.Q. Box 3496
New Bern, NC 28564-3496
and
Mr. Richard Parker
1101 Ocean Ridge Drive
Atlantic Beach, NC 28512
Dear Messrs. Chiles and Parker:
October 3, 2002 &
V
V
Project Name: Outback Steakhouse
Project No: CA-03058
Carteret County
We have received the letter from Mr. Chiles outlining his opinions regarding the size of the land disturbance
at the Outback Steakhouse site.
While the project may have been approached in a manner to restrict the size of the land disturbance to under
one acre at any given time, the overall measured areas that has been graded, built -upon, paved and/or landscape
have exceeded one acre. This mandates that application should have been made under North Carolina General
Statue (NCGS) 113A-57(4): "No person shall initiate any land -disturbing activity on a tract it more than one acre is to
be uncovered unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for
such activity is filed..." (emphasis mine).
Mr. Chiles's items #3 and 94 seems to acknowledge that additional sodding work outside the previously
declared limits of disturbance took place between the August 2, 2002, inspection and the inspection that precipitated
the Notice of Violation on August 29, 2002. This "added area" that was resodded was uncovered and as defined in
NCGS 113A-52(6), topography was changed (albeit slightly) to apply the sod, and that area did result in the overall
site exceeding the established threshold for plan requirement.
Under NCGS 113A-52(10b), "tract" is defined as "all contiguous land and bodies of water being disturbed or
to be disturbed as a unit, regardless of ownership." The "regardless of ownership" phrase means that the work not
only on the lot, but the adjacent land in the right-of-way between the lot and street pavement that was uncovered was
part of the overall land disturbance. The "to be disturbed" stipulation meant that this site should have been permitted
from the start, because the final landscaping was part of the overall project. Our staff could not, as a practical matter,
prove it until it was done.
It is the opinion of the office that the September 5, 2002, Notice of Violation is merited. if proper application
is not made to this office as outlined in that Notice, you are welcome to make your opinion the basis of civil penalty
appeals in this matter. If we have not received application by October 14, 2002, we will take the enforcement outlined
in the Notice of Violation. We would prefer your cooperation in order to avoid further enforcement action.
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
Daniel Sams, P.E., M.E.
Regional Engineer
DESldan
cc: Sedimentation Specialist
DWQ Supervisor-WiRO
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 * Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

4
OCT 0 2 2002
ROBERT M. CHILES, P.F. �'a""""-----------__LETTER OF TRANSMITTAL
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
TELEPHONE: [phone] DATE: 9.30.02
FAX#: [phone] ATTN: Eric Hartman
[e-mail] JOB NO: 2002023
REF: Morehead City Site
TO: Outback Steakhouse, Inc.
2202 N. West Shore Blvd., 5th Floor
Tampa, FL 33607
We transmit: [X] herewith
[ ] under separate cover
[ ] as requested
[ ] via
For your: [ ] approval
[ ] information
[ ] distribution
pc] records
[ ] use
[ ] review and comments
The following: [ ] prints
[ ] mylor
(X] copy of letter
[ ] plans
[ ] specifications
[ ] other
DESCRIPTION: (1) Copy of Letter to Linda
Lewis - DWQ
(2) Copy of letter to Daniel Sams - DLQ
REMARKS:
COPY TO:
RMC File No. 2002023
SIGNED: CA-4""' �
George hiles

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 26564-3496
September 30, 2002
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Outback Steakhouse - Morehead
Ref: (a) Your letter dated September 15, 2002 to Mr. Richard Parker.
(b) Your Project No. SW8020905
BUSINESS: 252-837-4702
FAX: 252•637-3100
rm c e n g r O oc on ne ct. ne t
Enclosure: (1) Copy of our letter dated September 30, 2002 to Mr. Daniel Sams, same
subject.
Dear Ms. Lewis:
Pursuant to your September 20 letter (reference a) regarding the requirement for a Stormwater
Management Permit, please refer to our response (enclosure 1) to Mr. Daniel Sams related to the
requirement for an Erosion and Sedimentation Plan. It is our understanding that a Stormwater
Permit through the Division of Water Quality is required only when an Erosion and
Sedimentation Plan approval is initiated due to land disturbance of greater than one (1) acre. We
will prepare additional documentation for submittal to your office upon clarification of the
requirements for an Erosion and Sedimentation Control Plan from the Division of Land Quality
in response to enclosure (1) where we contend that the land disturbing activity was less than one
(1) acre.
We trust that your office will notify us if additional action on behalf of our client is needed.
Yours very truly,
MECHANfCAL, CIVIL, 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

00/24/2002 10:25 VAX 8132829195 OUTBACK STEM111011SE, INC. ao01/001
Mich i�l F. Easley, Governor
Williain (a. Ross, Jr., Secretary:
L rth rolina Department of Environment i ind Natural Resources c.# ,'
Alain 'V: '. Klimek, P.E., Director'
TO L �S I ivision of Water Quality
(2 0 -) (p 3-7 — 3 j 0 0 HIV l l 1 iogtc n Regional Office
)1"AA I (-n-f L
CERTIFIED MAIL #7002 1000 0005 6492 0251
RETURN RECEIPT REQUESTED
Mr. Richar i Parker
1 101 Ocea i Ridge Drive
Atlantic B( ach, NC 28512
Dear Mr. ;= arker:
vy�
002
1i � ' '`r I •' � �� IA ! '
2 0 2002
I
Subject: REQUEST FOR ST(1'P M'WATER
MANn`AGEMENT 1'EI MIT APPLICATION
Outback Steakhouse
Stormwater Project N(. ,;11'8 020905
Carteret County
On September 5, 2002, the Wilmington Regional Office received a 'Dpy of a Notice of
Violation ( f the Sedimentation Pollution Control Act for Outback SteAhw sc. The North
Carolina,A dministrative Code requires any project that must receive either :l;dirnentation and
Erosion C(ntrol Plan approval and/or a CAMA Major permit to apply f)r t ld receive a
Stormwat :r Management Permit by the Division of Water Quality. An-,. :unst:ruction on the
subject sits, prior to receipt of the required permit, will constitute a violat:.( r: of 15A NCAC
2H.1000 a id may result in appropriate enforcement action by this Officz.
Eit )cr a Stormwater Permit Application Package including 2 se of plans, completed
applicatioi form, fee, and supporting documentation, or a written respoaSel rcgaiding the status of
this projec , and the expected submittal date must be received in this Oflice no later than October
5, 2002. F:.ilure to respond to this request may result in the initiation of eil:� ;lcernent action, and
constructi( n may experience a subsequent delay.
Th t N`PDES 010000 Federal Stormwater Permit that accompanies 1 t(: Erosion Control
Plan apprc val letter must NOT be considered the Coastal Stormwater Mar.. tg;ernent Permit,
which will be signed by the Water Quality Supervisor. Please reference tiii.- Project Number
above on ill correspondence. If you have any questions, please call m2 ail (9I0)-395-3900.
Sincerely,
i
Linda Lewis
Environmental Engim er
RSS/arl: S:1WQSISTORMWAT1STOIZdMSUB1020905.Sep.
cc: Katrina Marshall, Carteret County Building Inspections
CAMA (Morehead)
Linda Lewis
Central Piles
RA
__
N.C. Division or water C uality 127 Cardinai Drive Extension Wilmington, N.C. 264D5 (910) 395-39110 F:ix [phone] Customer Service
80C-623.7748

tatatof 1�orth Carolina
s. ,;s- Department of Environment
and Natural Resources
Wilmington' Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor .
William G. Ross Jr., Secretary
September 5, 2002
. NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7001 1140 0002 1285 2550
RETURN RECEIPT REQUESTED
Mr. Richard Parker
1101 Ocean Ridge Drive
Atlantic Beach NC 28512
Project Name: Outback Steakhouse
Project No: CA-03058
Carteret County
Dear Mr. Parker:
On August 29, 2002, personnel crf this office inspected a project located Highway 70 in Carteret
County, North -Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a [and -disturbing activity of
approximately 1 .25 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50
to 66, and Title 15A, North Carolina Administrative Cod..e, Chapter 4. If you feel that you are not responsible
fr)r the foliowirtg violations, please notify this office immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity. NCGS. 11 3A-54(d)(4), G. S. 113A-57(4) and
1 5A NCAC 4B.0007(c).
A land disturbing activity greater than one acre has occurred without an erosion & sedimentation
control plan.
Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B4O005.
Erosion & sediment control measures are not present.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone [phone] • Fax [phone]

Mr. Richard Parker
September 5, 2002
Page Two
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage. Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act. We will notify you
following our review of the plan if additional measures are required.
To correct these violations, you must:
Submit an erosion and sedimentation control plan.
2. Install adequate and/or necessary erosion and sedimentation control measures.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover"
or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover
of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made
erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A-
64(a) 1. Therefore, the initial violation has been referred to the Director, Division of Land Resources, for
appropriate action
Please be advised that if you fail to respond to this notice or if these violations are not corrected within
30 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate
legal action against you pursuant to NCGS 113A-64. That action could be the assessment of a civil penalty
and the amount may be up to $5000 per day for each day of the violation. The penalty may be assessed from
the date of the violation; NCGS 113A-61 {a) (1). if these violations are corrected within the time period
specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not begin until
the area presently disturbed is brought into compliance with the Act. When corrective actions are complete,
you should notify this office so the work can be inspected. You should not assume that the property is in
compliance with the Act until we have notified you. After installation, all erosion control measures must be
maintained in proper working order until development is complete and the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request.
Should you have questions concerning this Notice or the requirements of the Act, please contact either Janet
Paith or me at your earliest convenience.

Mr. Richard Parker
September 5, 2002
Page Three
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
Daniel Sams, P.E., M.E.
Regional Engineer
DESllbfr
cc: Sedimentation Specialist
WiRtl•LOS
DWO Supervisor•WiRO
Enclosure: Inspection Report

OF
- -Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
September 13, 2002
CERTIFIED MAIL #7002 1000 0005 6492 0251
RETURN RECEIPT REQUESTED
Mr. Richard Parker
1101 Ocean Ridge Drive
_____.Atlantic.Beach,-NC 28512 --
Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Outback Steakhouse
Stormwater Project No. SW8 020905
Carteret County
Dear Mr. Parker:
On September 5, 2002, the Wilmington Regional Office received a copy of a Notice of
Violation of the Sedimentation Pollution Control Act for Outback Steakhouse. The North
Carolina Administrative Code requires any project that must receive either Sedimentation and
Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a
Stormwater Management Permit by the Division of Water Quality. Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC
2H.1000 and may result in appropriate enforcement action by this Office.
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than October
5, 2002. Failure to respond to this request may result in the initiation of enforcement action; and
construction may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor. Please reference the Project Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATISTORMSUB1020905.Sep.
cc: Katrina Marshall, Carteret County Building Inspections
CAMA (Morehead)
Linda"Lewis'1 -
Central Files
rta
VA
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

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UNITED STATES POSTAL_ S V40Ep L rirst Cla. s Mai!
Postage Fees Paid
1111
USPS
/ Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Attu: Bev)
a�o 9�S lL

Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
k"-
COMPLETE THIS SECTIONON DELIVERY
A. Signature4, Agent
Addresse �I
B. R edby{PnntedName) G&at;-af•beli`ery
D. I delir�"`v_Jd di erent from ite Yes
If ESenter delivery address b �No
285A�
3. Service Type
01 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4, Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(transfer from service label) : i� 7 Q Q 2 1090 Q 0 0 5, 6 !4 9 2' Q E 51r I
PS Form 3811. Auaust 2001 Domestic Return Receiot 102595-02-M-0835

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
,g
•
NC313j"ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 5, 2002
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7001 1140 0002 1285 2550
RETURN RECEIPT REQUESTED
Mr. Richard Parker
1101 Ocean Ridge Drive
Atlantic Beach NC 28512
Project Name: Outback Steakhouse
Project No: CA-03058
Carteret County
Dear Mr. Parker:
On August 29, 2002, personnel of this office inspected a project located Highway 70 in Carteret
County, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately 1 .25 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50
to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible
for the following violations, please notify this office immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity. NCGS. 1 13A-54(d)(4), G. S. 1 13A-57(4) and
15A NCAC 48.0007(c).
A land disturbing activity greater than one acre has occurred without an erosion & sedimentation
control plan.
Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005.
Erosion & sediment control measures are not present.
127 Cardinal Dave Extension, Wilmingtan, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Richard Parker
September 5, 2002
Page Two
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage. Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act. We will notify you
following our review of the plan if additional measures are required.
To correct these violations, you must-
1 - Submit an erosion and sedimentation control plan.
2. Install adequate and/or necessary erosion and sedimentation control measures.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover"
or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover
of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made
erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS 11 3A-61.1(c) and NCGS 1 13A-
64(a1 1. Therefore, the initial violation has been referred to the Director, Division of Land Resources, for
appropriate action.
Please be advised that if you fail to respond to this notice or if these violations are not corrected within
30 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate
legal action against you pursuant to NCGS 11 3A-64. That action could be the assessment of a civil penalty
and the amount may be up to $5000 per day for each day of the violation. The penalty may be assessed from
the date of the violation, NCGS 1 13A-61 (a) (1). If these violations are corrected within the time period
specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not begin until
the area presently disturbed is brought into compliance with'the Act. When corrective actions are complete,
you should notify this office so the work can be inspected. You should not assume that the property is in
compliance with the Act until we have notified you. After installation, all erosion control measures must be
maintained in proper working order until development is complete and the site is completely stabilized.
We solicit -your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request.
Should you have questions concerning this Notice or the requirements of the Act, please contact either Janet
Paith or me at your earliest convenience.

Mr. Richard Parker
September 5, 2002
Page Three
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
Daniel Sams, P.E., M.E.
Regional Engineer
DESllbfr
cc: Sedimentation Specialist
WiRO-LOS
OWO Supervisor-WiRO
Enclosure: Inspection Report

Is'
thi `site
. 1. -.1.
-site in.comphan-I.-F-Mth ih6'S.P-.'C,.A:t'fifid-ltlii:rules? ,Ir,-."-t,�,�f,�;,A<Yes-'�;EI
q
'V 6iati6hs:-. j - Yk.
9)Jnade4 1-iff
a.­N� aop�ovqd,plan; U�t� U, sio_m,
Vb h,4"
0 s op�s 4n� st��p;,§ e�faiture'tofoildiTv,dppr6,�edplan;".G.S.ijl,3�V61?1;,ySt:,�T c d
o,Failureu in q G 1 3 g c S �I"
�C
d
c
to- s
08 1
A A"4B L
idg adequate
W9
e 0 " V
-x F'iu _'P!9—
C
J�A NCAC 04 .0107(b�0, 15A�NCA 04B
imenton'site,,G.S.,.,113A,-57(3)',-2-�O'�ElI C..: nsu
Sq wj
u to,takFalj regofiable-rn�asur6;�,'
r6 .1 5A'NCAC'0-4B 0 105"
�Deschbe flei�-1,6.-Mte&iaINPDE
is R
imentation'daffidgF66cuiTed since 1"t E3,',If yiii,wh&e _(6 'app
eN all that I N
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ercourse tract:M z�-,40the'r­p"ro'p'er
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evere
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�IX 0&'Contact nidF,wit are T'4-s n
Inspection -7, Report o rt 'g i v en E I sent C1 t &P 6 �s 6 n. F i n an i a 11 y R es po n s i b I ._D
ate v 9 C tive a&ions needed :K!z'.-r.;*,�,�-,,1?",.,-
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':N

8/29/02
Outback Steakhouse
Carteret County
Comments:
1 stopped to remeasure the site. Landscaping was taking place. The site measured between 1.14-
1.26 acres of land disturbance. Photographs were taken. The building was constructed and the
parking lot was paved. The land between the building and the sidewalk along Hwy'70 had been
disturbed. The land was probably being prepared for sodding. Utilities such as water, power,
and sewer appeared to have been installed. A driveway entrance from Hwy 70 had been deleted
and covered with soil. Trees were being planted and shrubs to be planted were on site.

t3asin
Y. P �CjS�A.P-L_B %9 ,e,�',ip - rojecf �Financiall Respi .� r i� ,rf Ie� � �' -'�r � `��" �'' '� '� -C f'P � tef �` r i•>' ' �
;s=`� ' '
"'%r-,f-.e„aah�.i-1 T�•v-�-.i'•:&� ^i':ti.^`:Sro�.�v;F�+.,s,jr: ,.e.i4—, ., �rys;lr�..a o�� ;,. .`:":,.:�: T���'sl •^s:,': •[•_f.. _,:,y,'�,.. cur :,'s: !•:,+�'..•.:-tr:c; .._ s'. `;,
e . e .'r�,,tr..1• 4.. , � i `3r3r1::�i r'K 1hh - tip¢•+• i s r . 7•j,. -
!d Project Location r%Y '� f _ f,N;'>Pictures..,No'LT{;';Yes_❑ Pnnts'❑ Slides ,❑ ��'Digtfal-Y; ❑ : Video w ❑
F 2 Weather` and Sotl Cond! ns }'riSl%NM ��-•g' 'r - ,
3 Is site currently under. notice -of violation?-ir•Yes r.❑
�6 4r Is the site incompliance wlth'the S RC . and the- No'- ,❑ ; . If no, check violations below '
�"'.f` VlolatlOnS i:, lls ..,r f'c,K'+wt' _' .5 ,r .s LL'i •..a`z1�5 Jf.1 sT F1. ._'Y ! ', y+ �•--1' ! ,, .,, e-'a __/
�CggYj a :No approved plan; G S.s113A=57(4) and�l5A NCAC 04B.0107(c) ❑ g. Inadequate buffer zone, G.S:•113A 57(1} , -
f ❑ b,'.Failure to follow.approved plan;-G.3 2 13A�bI ] :.. , ❑ h•:' Graded slopes and fills'too steep, G S. 113A=57(Z)
'' ❑ c Failure to submit revised plan, G S 113A 54 1(b) and �3 a i _ or 15kNCAC 04B.0124 .(d)
-­`-A5A ❑ l." Un rotected ex osed.slo es G.
.: •L,:a^.],..,. P , P ,P , 5-113A-57(2)
❑ d Failure to pr&,i`de adequate groundcover, G.S 113A'-57(3) and ❑ j. Failure to main tam'erosion control measures
` W 15A NCAC 04B.0107(b)roc l5A NCAC 04B OI24(e) s •' _ 15A NCAC 04B.0113.� ,
-�..'l .5 r ... .�• 0ti .010',-ir =2. .7 . . •. - � - f
x ❑ e , Insufficient measures to retain sediment oti site, G_ S. 1 13A-'57(3) .. ❑ k. Other(descnbe) * �� -. �.
t �' ❑ f : Failure`to Lake all reasonable measures; 15A ,NCAC r041B:0105 '
6 Potent"INPDES Permit Violation? -Yes ❑ No i4" Describe
1.,7 Has sedimentation'damage�occurred since last inspections • Yes ❑ If yes, where? (check all that apply): No _�' . -
�' 1 Lake/natural watercourse on the tract O Lake/natural watercourse'off the tract ❑ Other property ❑ -
De§criptlon
Degree'of damage Slight ❑ Moderate . ❑ Severe ❑ :
8 Contact made with (Name) -�.12 A ra �° r=�":% Title 'j
' inspectionReportgiven ❑ or'sent E !� ' •to Person Financially Responsible Date given/sent ,9
.,9. Corrective actions needed: •>'::._. .3
'fir ; f /Y•' S 1» - - L -
1,- • •10. Comments:.}
41
7.
rvi -r4 � w•. ��x, l r ..,t 1.
* Report by:/Others present
7 Dat of'I ectton w .Time aiTivmg at site �ic =�y Time Ieavmg site: /�/7/• d�-�'
a CC: T s k

State of North Carolina
- department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
September 5, 2002
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7001 1140 0002 1285 2550
RETURN RECEIPT REQUESTED
Mr" Richard Parker
1101 Ocean Ridge Drive
Atlantic Beach NC 28512
Project Name: Outback Steakhouse
Project No: CA-03058
Carteret County
Dear Mr. Parker:
On August 29, 2002, personnel of this office inspected a project located Highway 70 in Carteret
County, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately 1 .25 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 1 13A-50
to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible
for the following violations, please notify this office immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity. NCGS. 11 3A-54(d)(4), G. S. 113A-57(4) and
15A NCAC 413.0007(c).
A land disturbing activity greater than one acre has occurred without an erosion & sedimentation
control plan.
Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 46.0005.
Erosion & sediment control measures are not present.
127 Cardinal Drive Extension, Wilmington, N,C. 28405.3945 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Richard Parker
September 5, 2002
Page Two
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage. Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act. We will notify you
following our review of the plan if additional measures are required.
To correct these violations, you must:
1. Submit an erosion and sedimentation control plan.
2. Install adequate and/or necessary erosion and sedimentation control measures.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover"
or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover
of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made
erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS 1 13A-61.1 {c) and NCGS 1 13A-
64(a) 1. Therefore, the initial violation has been referred to the Director, Division of Land Resources, for
appropriate action.
Please be advised that if you fail to respond to this notice or if these violations are not corrected within
30 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate
legal action against you pursuant to NCGS 113A-64. That action could be the assessment of a civil penalty
and the amount may be up to $5000 per day for each day of the violation. The penalty may be assessed from
the date of the violation, NCGS 113A-61 (a) (1). If these violations are corrected within the time period
specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project must not begin until
the area presently disturbed is brought into compliance with the Act. When corrective actions are complete,
you should notify this office so the work can be inspected. You should not assume that the property is in
compliance with the Act until we have notified you. After installation, all erosion control measures must be
maintained in proper working order until development is complete and the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request.
Should you have questions concerning this Notice or the requirements of the Act, please contact either Janet
Paith or me at your earliest convenience.

Mr. Richard Parker
September 5, 2002
Page Three
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
Daniel Sams, P.E., M.E.
Regional Engineer
DES//bfr
cc: Sedimentation Specialist
WiRO•f_OS
DWG Supervisor-WiRO
Enclosure: Inspection Report