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HomeMy WebLinkAboutSW7080818_HISTORICAL FILE_20210615STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE col. L 01p �S YYYYMMDD ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality June 15, 2021 HT Carolina Colours, LLC Attention: H. David Swain, Registered Agent 1131 B Military Cutoff Road Wilmington, NC 28405-4711 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7080818 Carolina Colours Shopping Center Craven County Dear Mr. Swain: w a R-'0 A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7080818 for a stormwater treatment system consisting of a constructed Wetland System serving the Carolina Colours Shopping Center located on Waterscape Way, New Bern, NC expires on December 30, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. Please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Permit application forms for renewal can be found on our website at: https://deq. nc.gov/about/divisions/energy-mineral-and-land- resources/stormwater/stormwater-program/post-construction-2. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger.thorpe cDncdenr.gov. Sincerely, ®/ Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 r.omHc.+miw. 252.946.6481 LV M NCDENR North Carolina Department of Environment and Natural Beverly Eaves Perdue Governor HT Carolina Colours LLC David Swain 1121 Military Cutoff Rd, Suite P Wilmington, NC 28405 Dear David Swain: Division of Water Quality Coleen H. Sullins Director March 8, 2010 wo—RO Resources Re: Failure to Provide Deed Restrictions Stormwater Management Permit SW7080818 Carolina Colours Shopping Center High Density Craven County Dee Freeman Secretary This letter is to inform you of certain conditions of your stormwater permit that have not been met. In accordance with Title 15A NCAC 2H.100, the Stormwater Management Regulations, deed restrictions and protective covenants are required where lots will be subdivided and sold. Deed Restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon' area consistent with the applicable regulations governing the density level. A DWQ file review confirms that copies of the recorded deed restrictions have not been provided to this Office. Failure to record the required deed restrictions constitutes a violation of Permit Number SW7080818 which states "Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds prior to the sale of any lot. In addition, a copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include as a minimum certain statements related to stormwater management as outlined in both the permit and the notarized statement signed by the applicant at the time of permit request submittal. Please provide proof of these required deed restrictions to this Office at the address listed on the letterhead within 30 days of receipt of this letter. If you have any questions regarding this matter, please contact Amy Adams at (252) 946-6481. Si ererely, Amy A ms Stormwater Compliance Coordinator Washington Regional Office Enclosures: Notarized Deed Statement Cc: John Hennessy, NPS-ACOU Central Files WaRO Files t/ North Carolina Division of Water Quality Internet: www.ncwaterquglily.org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 One An Equal OpporlunitylAffirmative Action Employer— 50% Recycledl10%Post Consumer Paper North C arolina Naturally .'P��"s`;fli`Pt'�,k��`a�.z�'i�il�Sls�i�.�DWQiUS$ONLY'�a<'�¢s�r�.'iti�.���.�mx"�'7•..z=',a�aa�'c*° �. `� `�-' "'"'t • Date Received Fee Paid Permit Number / 05 119lff 197ol) Applicable Rules: ❑ Coastal SW —1995 ❑ Coastal SW — 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality NOV 0 9 2009 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may 6e photocopied for use as an original r ;, . ' ,• t L GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Carolina Colours Shopping Center 2. Location of Project (street address): City:New Bern County:Craven Zip:28562 3. Directions to project (from nearest major intersection): Hwy 70 (east) toward Havelock - RH on to West Thurman Road, then vere left onto Waterscape Way: Shopping Center to be located on west -side (RH) appx. 1850' south of Thurman/ Waterscape intersection. 4. Latitude:35° 02' 04" N Longitude:77° 00' 45" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW 7080818 , its issue date (if known)9-11-08 and the status of construction: ❑Not Started ®Partially Completed" ❑ Completed" "provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, n/a and the previous name of the project, if different than currently proposed,n/a 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑LAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 30 ac of Disturbed Area ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit:Carolina Colours Shopping Center, Erosion and Sediment Control Plan No. Crave-2009-014, September 4, 2008 Form SWU-101 Version 07July2009 Page I of 6 III. . CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization: New Market HDS, LLC Signing Official & Title:H. David Swain, Manager b.Contact information for person listed in item la above: Street Address:1121-P Military Cutoff Road City:Wilmington State:NC Zip:28405 Mailing Address (if applicable):Same City: Phone: (910 ) 256-2211 Email:david@swainassociates.com State: Zip: Fax: (910 ) 256-2171 c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Signing Official & b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if City: Phone: ( ) Email: State: Zip: Fax: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Claude Arnold Signing Official & b.Contact information for person listed in item 3a above: Mailing Address:1121-P Military Cutoff Road City:Wilmington State:NC Zip:28405 Form SWU-101 Version 07July2009 Page 2 of 7 Phone: (910 ) 256-2211 Email:claude@swainassociates.com Fax: (910 ) 256-2171 4. Local jurisdiction for building permits: CCty of New Bern Point of Contact:iohnny Clark IV. PROJECT INFORMATION Phone #: (252 ) 639-2940 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. The stormwater will be routed through a stormwater wetland followed by a vegetated Swale to achieve 85% TSS removal and 40% nitrogen removal. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUDApproval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.Identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW —1995 ❑ Ph II — Post Construction 3. Stormwater runoff from this project drains to the 4. Total Property Area: 25.69 acres River basin. 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area': 25.69 acres Total project area shall be calculated to exclude thefollowing: the normal pool of imppounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean HiXh Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 9.. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) , 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Form SWU-101 Version 07July2009 Page 3 of 7 _-,.ih --f., u a.ra •r s BasintInformation r =e *' ,...0 (,Drama e�AreaF;# -,. w�,n, v�.�.. lDiaina e Area`W .` ,.-.,.., t .. ..:' s ,Drazna e Area. t :._ ,. Drama e Area=._; Receiving Stream Name Brice Creek Stream Class * SC,SW,NSW Stream Index Number * 27-101-40-(7) Total Drainage Area (sf) 1,084,534 On -site Drainage Area (sf) 1,084,534 Off -site Drainage Area (sf) 0 Pro osed Impervious Area*" (so 813,852 % Impervious Area" (total) 75 ce+Area Im ervious Surfa__, LIrama e —btArea _..__. Are, ,Dram_. On -site Buildings/Lots (sf) 67,956 On -site Streets (sf) On -site Parking (sf) 278,551 On -site Sidewalks (so 14,717 Other on -site (sf) Future (so 452,628 Off -site (so Existing BUA*** (so Total (sf): 813,852 * Stream Class and Index Number can be determined at: ham://h2o.enr.state.ne.us/bims/reports/reportsWB.html Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded fromhtro://h2o.enr.state.nc.us/su/bmp forms.htm. Vt. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://h2o.enr.state.nc.us/su/bmp forms.htm. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://h2o.enr.state.nc.us/su/msi maps.htm.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://h2o.enr.state.nc.us/su/bmp forms.htm. I ls 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants _ Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M h el agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org[,pages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form SWU-101 Version 07July2009 Page 4 of 7 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for the project. This -is required in addition to the brief summary provided in the Project 6. Information, item 1. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1h mile of the site boundary, include the'h mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). 9. p. Vegetated buffers (where required). Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xl l" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) S� �_ 10. A copy of the most current property deed. Deed book: Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC_ Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://viww.secretary.state.nc.us/Coiporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from htto://h2o.enr.state.nc.us/su/bml2 forms.htm#deed restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. Form SWU-101 Version 07July2009 Page 5 of 7 VIII, CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Eric 1. Frank, PE Consulting Firm: McKim & Creed, PA Mailing Address:2807 Neuse Boulevard, Bldg 5 City:New Bern State:NC Zip:28562 Phone: (252 ) 633-5899 Email:efrank@mckimcreed.com Fax: (252 ) 633-6551 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) with (print or type name of organization listed in Contact Information, item IN to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the proper. o ner. As the rope rty owner, it is my responsibility to notify DWQ immediately and submit a completed N eNfe h ge Form within 30 days; otherwise I will be operating a stormwater treatment facility withe t I understand that the operation of a stormwater treatment facility without a valid permit is a vi la ' eral Statue 143-215.1 and may result in appropriate enforcement action including the assessme of up to $25,000 per day, pursuant to NCGS 143-215.6. i Date: �6,3016 1, Doh na R n v1 O n , a Notary Public for the State of UOti-i ki � (;A�i. County of anoJeF do hereby certify that R DAQ 1 5W %{ 1ft) personally appeared before me this 3 Dday of (9 044 0— a 00 , and ackrygwledge the due execution of the application for a stormwater permit. Witness my hand and official seal, '/L aorAgy do. AU6l.1G SEAL My commission ///ZZ / Zo/3 Form SWU-101 Version 07July2009 Page 6 of 7 X. . APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 2) H.David Swain certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project w e d in conformance with the approved plans, that the required deed restrictions and protecti enants i ee ecorded, and that the proposed project complies with the requirements of the applicable st r a{rer ru s rT�er 15A NCAC 2H .1000, SL 2006-246 (Ph. II -Post Construction) or SL 2008-211. Date: fin/ 0 0 I, 1__,b ()Vk0 K �YxyYOYN a NotaryPublic for the State of ND N h County of NUU UQV\WEf_ do hereby certify that iA D k J 10 J % I k) personally appeared before me this 3Dday of DL F .200 and ac owledge the dduee execution of the application for a stormwater permit. Witness my hand and official seal, ��/il/� X le�- a �pTA/ Y oo. ."UBUG , SEAL My commission ///zz/2o/3 Form SWU-101 Version 07July2009 Page 7 of 7 High Density Commercial Subdivisions Deed Restrictions & Protective Covenances In accordance with. Title 15 NCAC 2H.1000, the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a built - upon �arrea consistent with the design criteria used to size the stormwater control facility. I, f7, -A 5&j a,' h , acknowledge; affirm. and agree by my signature below, that I will cause the following deed restrictioPns and c v pants to a recorded prior to the sale of any lot within the Droiect known as r-GrO1,V\G (_X) �cof-C, oPD,"na C'e_-v`f4-7 1. The following covenants are intended to ensure ongoing compliance with State stormwater Management Permit Number 560 7 04{OS l �, as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is square feet. (OR, if the proposed built -upon area per lot will vary, please use the following format & language (in bold):- F S e e A 0. c- 1 m c_ t,\+ s J v The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot# BUA Lot # BUA Lot # BUA NOV 0 9 20C9 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the 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 surfaceof swimming pools. 7. All runoff from the built -upon areas on the lot must drain into the permitted system. This maybe accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff and directing a co onent of the stormwater collection system. Lots that will naturally drain into th sy m r quired to provide these additional measures. 8. The owner e h lot, a wnership is not retained by the permittee, is required to submit a separate st m trip r agplicationto the Division of Water Quality and receive a permit prior to cons u o . I Signature:_ )�V Date: /L1/6U/Orj I, Do ve iNo K !�-k_qn noY1 , a Notary Public in the State of k)ov j h , County of &)eLL) 14Cn oUeF_ do hereby certify that DPlV l D .;W A I VL personally appeared before me this the 3CPI ' day of 0c_'i Dklef_ 2009 and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, Signature / My Commission expires /��2ZJ a Lo/-3 - t�,0TAq!✓ .o. ZpUBL1G Form DRPC-1 Rev.1 Page I of 1 ;�!y j Carolina Colours Shopping Center Allowable Impervious Area Chart 29-Oct-2009 PARCEL AREA SF ALLOWABLE IMPERVIOUS SF Lot#6 522,428 372,281 Outparcel 1 54,035 40,526 Out arcel2 44,870 33,653 Out arcel3 60,295 45,221 Out arcel4 52,171 39,128 Out arcel5 66,818 50,114 Lot #7 318,612 232,929 Total 1,119,229 813,852 Michael F. Easley, Governor 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 11, 2008 IJ J w 19 Mr. H. David Swain, Manager/Member New Market-HDS, LLC 1121 Military Cutoff Road, Suite P Wilmington, NC 28405 Subject: Stormwater Permit No. SW7080818 Carolina Colours Shopping Center High Density Subdivision Project Craven County Dear Mr. Swain: The Washington Regional Office received a complete Stormwater Management Permit Application for Carolina Colours Shopping Center on August 26, 2008. 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. SW7080818, dated September 11, 2008, for the construction of the subject project located on Waterscape Way, just south of the intersection with Thurman Road, in the Carolina Colours development. This permit shall be effective from the date of issuance until September 11, 2018, 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 150E of the North Carolina General Statutes, and filed with the Office of Administrative 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 me at (252) 946-6481. XA ncrly, H Regional Supervisor Surface Water Protection Section AH/sv: S:\WQS\STORMWAT\PERMIT\SW7080818 cc: Eric Frank, PE — McKim & Creed Craven County Inspections Washington Regional Office Central Files No Carolina ,A4tura!/y North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 PAR (252) 946-9215 Customer Service Internet: "e .ncwateraualit�-tore 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110 % Post Consumer Paper State Stormwater Management Systems Permit No. SW7080818 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 New Market — HDS, LLC Carolina Colours Shopping Center Craven County FOR THE construction, operation and maintenance of a constructed wetland system 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 11, 2018 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The commercial subdivision is permitted with 5 out parcels, each allowed (see Form DRPC-2 Attachment) square feet of built -upon area. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. This wetland system must be operated with a 30 foot vegetated filter. 5. 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. Page 2 of 8 State Stormwater Management Systems Permit No. SW7080818 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. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot or out parcel, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080818, 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. C. 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. Page 4 of 8 State Stormwater Management Systems Permit No. SW7080818 f. The maximum built -upon area per lot is (see Form DRPC-2 Attachment) square feet. These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the 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. The runoff from all built -upon area within the out parcel or future development area must be directed into the permitted stormwater control system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a permit modification. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 16. 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. 17. 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. Page 5 of 8 State Stormwater Management Systems Permit No. SW7080818 18. 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. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. 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. 4. 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. 5. 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. 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. This permit shall be effective from the date of issuance until September 11, 2018. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 11`h day of September, 2008. XTIfIC ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION . IIL ` for Coleen H. S is, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7080818 Page 6 of 8 State Stormwater Management Systems Permit No. SW7080818 Carolina Colours Shopping Center Stormwater Permit No. SW7080818 Craven County Designer's Certification Page 1 of 2 I, , 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. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 Form DRPC-2 Attachment Allowable Impervious Area Chart Carolina Colours Shopping Center PARCEL AREA ALLOWABLE IMPERVIOUS Parent Parcel 825,221 593,347 Out Parcel #1 54,035 40,526 Out Parcel #2 44,870 33,652 Out Parcel #3 601295 45,221 Out Parcel #4 53,438 40,079 Out Parcel #5 817369 1 611027 . i DWQ USE ONLY LDale Received Fee Paid Permit Number �� f Ire, ycoj I SW-Tmng,I8 Gr-4f- ID7-3 State of North Carolina �IFU p�® Department of Environment and Natural Resources Tf Division of Water Quality AUG 2 6 SafbRMWATER MANAGEMENT PERMIT APPLICATION FORM WAR pp This form raay be photocopied for use as mt original Dkf'MO"NdP9f`ZO 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): New Marketd-IDS, LLC 2. PrintOwner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed io item 2 above: 1121 Military Cutoff Road, Suite P City:Wilmington State:NC Zip:28405 Phone: (910 ) 256-2211 Fax: (910 ) 256-2171 Irma ibday idOO swainassociates.com 4. Project Name (subdivision, facility, or establishment name- should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Carolina Colours Shopping Center 5. Location of Project (street address): Waterscape Way Cwolill Culours Development Appx 1850' soutli of int of Thurman vxi Waterscape City:New Bern County:Craven Zip:28562 6. Directior;s to project (from nearest major intersection): Hwy 70 (east) toward Havelock - RH on to WestThunnan Road then vere left onto Waterscape Wad Shopping Center to be located on west -side (RH) appx. 1850' south of Thurmall/ Waterscape intersection 7. Latitude:35° 02' 04" N Longitude:77° 00' 45" W of project 8. Contact person who can answer questions about the project: Namc:Eric I Frank, P.E. 'Telephone Number: (252 ) 633-5899 EmaiLefrank@nickin,creed.com II. PERMIT INFORMATION: Form SWU-101 Version 03.27.08 Page I of 4 1. Specify whether project is (check one): ®New ❑Renewal ❑Modification ? If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): ❑Low Density ®I-ligh Density [:]Redevelop []General Permit ❑Universal SNIP ❑Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control 0404/401 Permit ❑NPDES Stormwater III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . The stormwater will be routed through a stormwater wetland followed by a vegetated Swale to achieve 85% TSS removal and 40% nitrogen removal. 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Property Area: 25.69 acres 4. Total Wetlands Area: 0 acres 5. '100' Wide Strip of Wetland Area: n/a acres (not applicable if noWetlands exist our site) 6. "Total Project Area**:24.90 acres 7. Project Built Upon 8. How many drainage areas does the project have?1 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. For high density projects, complete the table with one drainage area for each enwineered stormwater device. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Brice Creek - Stream Class & Index No. IC, SW, NSW 27-101-40-(T) Total Drainage Area (sf) 1,084,534 On -site Drainage Area (sf) "1,084,534 Off -site Drainage Area (so 0 Existing Impervious* Area (so 0 Proposed Impervious*Area (sf) 813,852 % Impervious* Area (total) 75 ILnpmvious* Surface Area Drainage'Area 1 Drainage Area 2 On -site Buildings (so 67,956 On -site Streets (so 0 On -site Parking (so 278,551 On -site Sidewalks (so 14,717 Other on -site (sf) 452,628 (future) Off -site (sf) 0 Total (so: 813,852 * Impervious nren is defined as the built upon nren including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 90 Form SWU-101 Version 03.27.08 Page 2 of �,,�y-r•re. �n c.N�a�a�i sl� "Total project area shall be calculated based on the current policy regarding inchnsiou of wetlands in the built upon area percerutage calculation. This is the area used to calculate percent project built upon area (BLIA). 10. How was the off -site impervious area listed above derived?n/a IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Forms can be downloaded from http://h2o.enr.state.ncus/su/bop forms hum _ deed restrictions. Form DRPC-I High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Forms can be downloaded from http://li2o.enr.state.nc.us/su/bop forms.htm. Form SW40"1-Low Density Form SW401-Curb Outlet System Form SW401-Of f-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-13ioretention Cell Form SW40'1-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Form SW40'1-Permeable Pavement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Permeable Pavement Supplement Form SWU-101 Version 03.27.08 Page 3 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at littp://h2o.etir.state.nc.us/su/msi maps.htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions & Protective Covenants Form (if _ required as Per Part IV above) • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP j ` 17 • Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD) Payable to NCDENR G • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soils report . • Two copies of plans and specifications (sealed, signed & dated), including:�-�- - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/ project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished Floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. (ex. designing engineer or firm) Designated agent (individual or firn):McKim and Creed Mailing Address:2807 Neuse Boulevard, Building 5 City:New Bern State:NC Zip:28562 Phone: (252 ) 633-5899 Fax: (252 1 633-6551 Ema iLef rank@mckimcreed.com VII1. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in General Information, item 2) H. David Swain certify that the jtt5trn n indu a on this permit application form is, to the best of my knowledge, correct and that the projec w j e co i uc din conformance with the approved plans, that the required deed restrictions and protectiv co ants i recorded, and that the proposed project complies with the requirements of 15A NCAC 2H 0. .]0 Sivnahr re- Date' Forin SWU-101 Version 03.27.08 Page 4 of High Density Developments with Outparcels Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a 'built -upon" area consistent with the design criteria used to size the stormwater control facility. I, y /)ti.,,'c� acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any outparcel or future development area: 1. The following covenants are inte ded to ensure ongoing compliance with State Stormwater Management Permit Number ,IV7 707 , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # PUA Outparcel # BUA et, A�% f — These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built -upon are excess of the permitted amount will require a permit modification. 9. The connect n fro e o ar collection system into the Stormwater control shall be made such that thte rt-cir iting f th� system does not occur. 10, For those arc 1 or uture velopment areas whose ownership is not retained by the permittee, a own r sha I bmit a separate offsite stormwater permit application to the Division ofer ualit and re a permit prior to construction. / Q Signature: \ Date: I, QOnrla f2, "- in n o,--, a Notary Public in the State of /llov �t Ca1'01,"V1 , County of Ajew do hereby certify that [-,Dfi U I) Slt)lil N personally appeared before me this the �° day of kL((Zu.S-, 200, and acknowledge the due execution of the 'foregoing instrument. Witness my hand and official seal, SC AI�u�R S y r. �h q Signature TA Zo%, My Commission expires l��ZZ-A aO„oo�y 2 z Form DRPC-2 Rev.1 Page 1 of 1 pUBI.\G Form DRPC-2 Attachment Allowable Impervious Area Chart Carolina Colours Shopping Center PARCEL AREA ALLOWABLE IMPERVIOUS Parent Parcel 825,221 593,347 Out Parcel #1 54,035 401526 Out Parcel #2 44,870 331652 Out Parcel #3 601295 451221 Out Parcel #4 53,438 40,079 Out Parcel #5 81,369 611027 . Permit Number Sw40yax (to be provided by Dw4) OF WArBH �j ��� NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM �` r WETLAND SUPPLEMENT r This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all the required information. L PROJECTINFORMATION Project name Carolina Colours Shopping Center Contact name Claude Arnold Phone number (910) 256-2211 Date August 4, 2008 Drainage area number 1 II. DESIGN INFORMATION Site Characteristics Drainage area 1,084,534.00 fl2 Impervious area 813,852.00 it Percent impervious 75.0% % Design rainfall depth 1.00 inch Peak Flow Calculations 1-yr, 24-hr runoff depth 2.10 in 1-yr, 24-hr intensity 3.70 in/hr Pre -development 1-yr, 24-hr runoff 25.34 ft3lsec Post -development 1-yr, 24-hr runoff 42.43 ft3lsec Pre/Post 1-yr, 24-hr peak control 17.09 ft3/sec Storage Volume: Non -SR Waters Design volume (temporary pool volume) 70,746.00 ft3 OK Depth of temporary poollponding depth (DP,,,,) 12.00 in OK Drawdown time 2.00 days OK Diameter of orifice 4.50 in OK Coefficient of discharge (Co) used in orifice diameter 0.60 (unilless) calculation Driving head (Ho) used in the orifice diameter calculation 0.50 It OK Storage Volume: SR Waters Parameters 1-yr, 24-hr depth in Pre -development 1-yr, 24-hr runoff It Post -development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided fit Form Sw401-Wetland-Rev.2 Parts I and 11. Project Design Summary, Page 1 of 3 Permit Number (to be provided by DWQ) Surface Areas of Wetland Zones Surface Area of Entire Welland 73,395.00 fit' OK Shallow Land 29,345.00 ftZ OK The shallow land percentage is: 0.40 % Shallow Water 29,360.00 ft2 OK The shallow water percentage is: 0.40 % Deep Pool Forebay portion of deep pool (pretreatment) 7,340.00 ft2 OK The forebay surface area percentage is: 0.10 % Non-forebay portion of deep pool 7,350.00 ftZ Insufficient non-forebay deep pool area. The non-forebay deep pool surface area percentage is: 0.10 % Total of wetland zone areas 73,395.00 ftZ OK Add or subtract the following area from the zones 0.00 ftZ Topographic Zone Elevations Temporary Pool Shallow Land (top) 19.50 fmsl Permanent Pool Shallow Water (top) 18.50 fmsl Deep Pool (top) 18.50 fmsl Most shallow point of deep pool's bottom 15.50 foist Deepest point of deep pool's bottom 15.50 fmsl Design must meet one of the following two options: This design meets Option #1, Deep pool is 6'inches below SLWT, If yes: y (Y or N) SLWT (Seasonally Low Water Table) 17.00 fmsl OK This design meets Option #2, Has a clay liner If yes: Depth of topsoil above clay liner in Topographic Zone Depths Temporary Pool Shallow Land 12.00 in OK Permanent Pool Shallow Water 0.00 in Deep Pool (shallowest) 36.00 in OK Deep Pool (deepest) 36.00 in OK Planting Plan Are cattails included in the planting plan? n (Y or N) OK Number of Plants in planting plan recommended: Herbacious (4'inch diameter) 2,202 Shrubs/small trees (1 gallon or larger) 1,468 Trees (1.5" dbh) 367 Number of Plants in planting plan provided (several species of each plant type are recommended): Herbacious (4`inch diameter) 2,202 OK Shrubs/small trees (1 gallon or larger) 1,468 OK Trees (2.5" dbh) 367 OK Form SW401-Wetland-Rev.2 Parts Iand II, Project Design Summary, Page 2 of 3 Permit Number (to be provided by DWQ) Additional Information Can the design volume be contained? y (Y or N) OK Does volume in excess of the design volume flow evenly y (Y or N) OK distributed through a vegetated filler? What is the length of the vegetated filter? 30.00 It Are calculations for supporting the design volume provided in the y (Y or N) OK application? Is BMP sized to handle all runoff from ultimate build -out? y (Y or N) OK Is the BMP located in a recorded drainage easement with a y (Y or N) OK recorded access easement to a public Right of Way (ROW)? The length to Width ratio is: 9.67 :1 OK Approximate wetland length 870.00 It Approximate welland width 90.00 It Approximate surface area using length and width provided 78,300.00 fts This approx. surface area is within this number of squarefeet of the entire wetland surface area reported above: Will the wetland be stabilized within 14 days of construction? y (Y or N) OK Form SW401-Wetland-Rev.2 Parts I and 11. Project Design Summary, Page 3 of 3 Permit No. (to be provided by DWQ) III. REQUIRED, ITEMSCHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Initials Pagel Plan i Sheet No. pJ' 1�3r I y 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Wetland dimensions (and length to width ratio), - Pretreatment system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 2. Plan details IV = 50' or larger) for the wetland showing: - Wetland dimensions (and length to width ratio) - Pretreatment system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Design at ultimate build -out, - Off -site drainage (if applicable), - Overflow device, and - Boundaries of drainage easement. 3. Section view of the wetland (V = 20' or larger) showing: - Side slopes, 3:1 or lower - Wetland layers All wetlands: Shallow land depth, shallow water depth, deep pool depth Option 1, no clay liner: SLWT depth Option 2, clay liner: Depth of topsoil on top of liner, liner specifications z 1I 3 !� 4. A detailed planting plan (1" = 20' or larger) prepared by a qualified individual showing: - A variety of suitable species (not including cattails), - Sizes, spacing and locations of plantings, - Total quantity of each type of plant specified, - A planting detail, - The source nursery for the plants, and - Fertilizer and watering requirements to establish vegetation. <' j 5. A construction sequence that shows how the wetland will be protected from sediment until the entire 7 drainage area is stabilized. Air,, E 6. The supporting calculations (including drawdown calculations). 7. A copy of the signed and notarized operation and maintenance (08M) agreement. Q ifc� 8. A copy of the deed restrictions (if required). Q_ 9. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. SW401-Wefland-Rev.2 Part III, page 1 of 1 Permit Number: (to be provided by DWQ) Drainage Area Number: Stormwater Wetland Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the stormwater wetland is established, the wetland plants will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants. — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wet detention basin. After the wet detention pond is established, 1 will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to wetland erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the Swale if necessary to Swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Porn SW401-Wetland O&M-Rev.3 Page I of 4 The forebay Sediment has accumulated in the forebay to a depth that inhibits the forebay from functioning well. The deep pool, shallow water and shallow land areas Erosion has occurred. Weeds are present. Algal growth covers over 50% of the deep pool and shallow water areas. Cattails, phragmites or other invasive plants cover 50% of the deep pool and shallow water areas. Shallow land remains flooded more than 5 days after a storm event. Plants are dead, diseased or dying. Best professional practices show that pruning is needed to maintain optimal plant health. Sediment has accumulated and reduced the depth to 75% of the original design depth of the deep pools. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray) - consult a professional. Unclog the outlet device immediately. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessarv. to best professional practices. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Form S W401-Wetland O&M-Rev.3 Page 2 of 4 BMP element: Potentialproblem: How 1 will remediate theproblem: The embankment A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An amoral inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. The micropool Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Plants are growing in the Remove the plants, preferably by micropool. hand. If a pesticide is used, wipe it on the plants rather than spraying. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Wetland O&M-Rev.3 Page 3 of-4 Pennit Number: (to be provided by DIVQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Carol ina Colours Shopping Center BA4P drainage area number: Print name:l-I. David Swain, New Market HDS Note: The legally responsible party should not be a homeowners association unless more than 50% of y the lots have been sold and a resident of the subdivision has been named the president. V I, py1 y\0. R S'" Vi noy— , a Notary Public for the State of NDr4b. DUI b�i Y�O�, County of A.)Lt,v (4CtrtotltC, do hereby certify that dh I�,�)XOk() -°tJWA (U personally appeared before me this day of t� 2no�, and acknowledge the due execution of the forgoing stormwater wetland maintenance requirements. Witness my hand and official seal, "116141"I'll" .•`'�� R' StoTA sZc� AUBl.1G �� VERG..F 1111,15141%e SEAL My commission expires 1l & L l o 3 Pone SW401-Wetland O&M-Rev.3 .��" /e.IXXe�' Page 4 of 4 NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM Permit Number: 7" '749 d C C (to be provided by DWQ) O�01� WA7eq y r o 401 CERTIFICATION APPLICATION FORM ` GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 1/1) must also be filled out, printed and submitted along with all of the required information. I. PROJECT INFORMATION , Project name Carolina Colours Shopping Center Contact name Claude C. Arnold Phone number Date Drainage area number II. DESIGN INFORMATION Site Characteristics 910-256-2211 2008 Drainage area 1,084,534.00 ftZ Impervious area 813,852.00 it Percent impervious 75.0% % Design rainfall depth 1.00 inch Peak Flow Calculations 10-yr storm runoff depth 5.88 in 10-yr storm intensity 7.00 in/hr Post -development 10-yr storm peak flow 51.11 113/sec Velocity Maximum non -erosive velocity (peak 10-year storm) 6.00 ft/sec Soil characteristics (enter "x' below) Sand/sill (easily erodible) Clay mix (erosion resistant) x Grass Type (enter Y' below) Bermuda x Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out cne of the options below: Option 1: Curb Outlet Swale: (Y or N) Maximum velocity Side slopes :1 Swale length fl Option 2: Conveyance Swale Seeking Pollutant Credit: n (Y or N) Maximum velocity for l0-yrstorm 2.53, ft/sec Side slopes 3.00 :1 Swale length 235.00 It Form SW401-Grassed Swale-Rev.3 Parts I and 11. Project Design Summary, Page 1 of 2 Permit Number (to be provided by DWQ) Swale CBaracteristics Swale Shape: Enter an "Y' in the appropriate cell below: Trapezoidal x Parabolic V-shaped Width of the bottom of the Swale fl Width of the top of the Swale If Additional Information Is the Swale sized for all runoff from ultimate build -out? yes (Y or N) OK Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? yes (Y or N) OK What is the distance from the bottom of the Swale to the SHWT? 0.00 fl What is the ground level elevation? 22.00 fmsl What is the elevation of the bottom of the Swale? 17.00 fmsl What is the SHWT elevation? 17.00 fmsl What is the longitudinal slope of the swale? 0.20 % OK What is the depth of freeboard? 2.47 ft OK Form SW401-Grassed Swale-Rev.3 Parts I and 11. Project Design Summary, Page 2 of 2 Permit No: (to be assigned by DWQ) III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Initials Pagel Plan �Z Sheet No. C�a16��3 z;;2- 12� 44,177— !3 rA 1. Plans (1" = 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Swale dimensions (width, length, depth), - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Grass species, and - Boundaries of drainage easement. 2. Plan details (V = 50' or larger) for the grassed swale showing: - Swale dimensions (width, length, depth), - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Design at ultimate build -out, - Grass species, - Off -site drainage (if applicable),and - Boundaries of drainage easement. Section view of the grassed swale (V = 20' or larger) showing: Side slopes, Longitudinal slope, Freeboard Swale dimensions, and SHWT level(s) 4. Supporting calculations (including maximum velocity calculations for applicable storms) 7'- G �[ 5. A copy of the signed and notarized operation and maintenance (0&M) agreement. Gam'— A 6. A copy of the deed restrictions (if required). SW401-Grassed Swale-Rev.3 Part III, Page 1 of 1 Permit Name: (to be provided by DWQ) Drainage Area Number: Grassed Swale Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed swale. — After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed swale. The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element Potentialproblem: How I will remediate theproblem: The entire length of the Trash/debris is present. Remove the trash/debris. swale Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then re -sod (or plant with other appropriate species) and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an the bottom of the Swale. area that will not impact streams or BMPs. Re -sod if necessary. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Donn SW401-Grassed Swale O&M-Rev.3 Page I of 2 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project nnme:Carolina Colours Shopping Center BMP drainage area number: Print name:New Market HDS LLC c/o H.David Swain Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, pt)yNnc( R S-konrioo , a Notary Public for the Slate of N0r4 k Cotro( &C/, County of Pew ( avlouXr_F , do hereby certify that iA ,t AV I � SU) 41 YU personally appeared before me this LAW day of XLtC ue � , and acknowledge the due execution of the forgoing grassed swale maintenance requirements. Witness my hand and official seal, ,�jo7AgY .4�19 pUBOCJ SEAL My commission expires 11122lo 3 Form SW401-Grassed Swale O&M-Rev.3 Page 2 of 2 August 19, 2008 Mr. H. David Swain New Market HDS, LLC 1121 Military Cutoff Road, Suite P Wilmington, NC 28405 Re: Carolina Colours Shopping Center Stormwater BMP's Dear Mr. Swain, New Market HDS, LLC has the permission of Carolina Creek, LLC to construct a stormwater wetlands, outlet ditch, access drive and related items to serve the Carolina Colours Shopping Center on Parcel ID V-104-9004. Sincerely, Carolina Creek, LLC Kenneth I. Peregoy r I, Rd AOW a Notary Public for the State of 9,g r h ra 1,h)A, , County of A L)Ej,/ , do hereby certify that _ HAtX& h r 69,5L4p � personally appeared before me this Zo *L day of ALedusf , 20o f' and acknowledge the due execution of the forgoing letter. Witness my hand and official seal, e� ,h' �OTAR i (� �'., PUBLIC' SEAL ,�'�•�FN�CO�������`` My commission expires North Carolina Secretary of State http://www.secretary.state.ne.us/corporahors/Corp.asp) ?Pitcmld=7718386 Elaine F. Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B28 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page North Carolina DEPARTMENT OF THE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 9/10/2008 Click here to: View Document Filings I Sign Up for E-Notifications I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC NEW Legal MARKET-H DS, LLC Limited Liability Company Information SOSID: 0774392 Status: Current -Active Date Formed: 3/29/2005 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Swain, H. David Registered 1111 Military Cutoff Road Office Suite 251 Address: Wilmington NC 28405 Registered 1111 Military Cutoff Road Mailing Suite 251 Address: Wilmington NC 28405 Principal 1111 Military Cutoff Rd. Office Ste 251 Address: Wilmington NC 28405 Principal 1111 Military Cutoff Rd. Mailing Ste 251 Address: Wilmington NC 28405 I of 1 9/10/2008 5:57 PM North Carolina Secretary of State Mtp: //www. secretary. state. nc. us/corporations/Corp. aspx?Pitenild=77183 86 For DENR Use ONLY North Carolina Department of Environment and Reviewer: �,�► Natural Resources Submit NCDENR Request for Express Permit Review Time Confirm: FILL-IN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828.296.4698;alison.davidson(p ncmail.net • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(7p ncmail.net SW`7090? d • Mooresville & -Patrick Grogan 704.663.3772 or patrick.grogan(dncmail.net • Washington Region -Lyn Hardison 252-946.9215 or Iyn.hardison aoncmail.net • Wilmington Region -Janet Russell 910-350.2004 orjanet.russell(ci ncmail.net (/j�' NOTE: Project application received after 12 noon will be stamped in the following work day. RECE ED Project Name: CAROLINA COLOURS SHOPPING CENTER County: CRAVEN AUG 2 6 2008 Applicant: H DAVID SWAIN Company: NEW MARKET HDS, LLC Address: 1121 MILITARY CUTOFF ROAD, SUITE PCity: WILMINGTON. State: NC Zip: 28405-Kii/� _64�n �® Phone: 910-256-2211 Fax::910-256-2171 Email: dqL�@swainassociates.com f1N/Fl Physical Location:CAROLINA COLOURS DEVET, APPROX. 1850 FT SOUTH OF INTERSECTION OF THURMAN AND WATERSCAPE Project Drains into BRICE CREEK waters — Water classification SC, SW, NSW (for classification see- hftp://h2o.enr.state.nc.us/bims/rep rts/reporlsWB. html) Project Located in NEUSE River Basin. Is project draining to class ORW waters? Y/N , within'/3 mile and draining to class SA waters Y/N or within 1 mile and draining to class HOW waters? Y/N Engineer/Consultant: ERIC FRANK Company: MCKIM AND CREED Address: 2807 NEUSE BOULEVARD, BLDG 5 City: NEW BERN, State: NC Zip: 28562 Phone: 252-633-5899 Fax::252-633-6551 Email: efrank@mckimcreed.com (Check all that apply) ❑ Scoping Meeting ONLY ❑ DINO, ❑ DCM, ❑ DLR, ❑ OTHER: ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ElOff-site[SW _ (Provide permit #)j ❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems 0 High Density—Stormwater Wetlands 1 # Treatment Systems ❑ High Density -Other _ # Treatment Systems / ❑ MODIFICATION: ❑ Major ❑ Minor ❑ Revision SW ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ❑ Erosion and Sedimentation Control Plan with 30 acres to be disturbed.(CK # 22 (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW 41 1 0?9�'7� ® Wetlands (401): Check all that apply Wetlands on Site ❑ Yes ❑ No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fee Split for multiple permits: (Check# 1 D23 1 Isolated wetland on Property ❑ Yes ❑ No Buffer Impacts: ❑ No ® YES: _acre(s) Minor Variance: ❑ No ❑ YES Major General Variance ❑ No ❑ YES 401 Application required: []Yes ❑ No If YES, ❑ Regular Perennial, Blue line stream, etc on site ❑ yes ❑ No For DHNR use only Total Fee Amount 400 SUBMITTAL DATES SUBMITTAL DATES Fee CAMA Variance ❑ Ma'; ❑ Min $ SW ® HD, ❑ LD, ❑ Gen AFee 401: $ [1:00 LQS Stream Deter,_ $ NCDENR EXPRESS July 2008