HomeMy WebLinkAboutSW8080527_CURRENT PERMIT_20210928STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO I SW8
DOC TYPE I N CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE I
2 0 21 o g 2 8
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S BISER
Seaetmy
BRIAN WRENN
Director
September 28, 2021
BR & JD Leasing, LLC
Arm Dr Jon D Ward, Manager
11 Bnerwood Road
Shallotte, NC 28470
NORTH CAROLINA
Enr4vnmenial Quaf+h
Subject Permit Renewal
State Stormwater Management Permit No SW8 080527
Family Entertainment of Shallotte
Brunswick County
Dear Mr Ward
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR) All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit
On August 5, 2009, the Governor signed Session Law 2009-406 This law impacted any development approval issued
by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current
and valid at any point between January 1, 2008, and December 31, 2010 The law extended the effective period of any
stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date On
August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years
extension
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on September 24, 2021 The Division is hereby notifying you that permit SW8 080527 has been
renewed on September 28, 2021, and shall be effective until June 23, 2028, which includes all available extensions
For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application
As requested, a copy of the current operation and maintenance agreement is enclosed Please keep this permit on file at
all tunes Please note that the renewed, updated, and re -issued permit does not impose new or different terms, it merely
restates some of the previous terns to provide you with a better understanding of your obligations under the permit
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit The plans originally approved on December 16, 2008 and most
recently modified and transferred on June 25, 2010, will remain in full force and effect in accordance with the
regulations set forth in Title 15A NCAC 2H 1000
This permit is subject to the conditions and limitations as specified therein Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, 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 by filing a written petition with the Office of Administrative Hearings (OAH) The written
petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within
thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the fdmg fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their website at www NCOAH com Unless such demands are made this permit
shall be final and binding
D E Q North Carolina Department of Environments] Quality I Dmsion of Energy Mineral and Land Resources
512 North Salisbury Street 1 1612 Mad Semce Center I Raleigh North Carolina 27699-1612
State Stormwater Permit No SW8 080527
Page 2 of 2
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov
Sincerely,
l���VlY�v.Q Ili
9�;; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures Attachment B — Built -Upon Area Allocation
Attachment C — Permitting History
Renewal Application Documents
DES/ams \\\Stormwater\Permits & Projects\2008\080527 HD\2021 09 permit 080527
cc Sabrina B Babson PE East Coast Engineering PC 4918 Main Street Shallotte NC 28459
NCDEQ-DENER Wilirungton Regional Office
North Carolina Department of Enwonmentai Quality I Dmsion of Energy Mineral and Land Resources
512 North Salisbury Street I t612 Mail Service Cemer I Raleigh. North Carolina 27699-1612
r��r�� 9197079200
State Stormwater Management Systems
Permit No SW8 080527
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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
BR & JD Leasing, LLC
Family Entertainment Center of Shallotte
349 Whrtevdle Road — NC Hwy 130, Shallotte, Brunswick County
FOR THE
Construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of Session Law 2008-211 and 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 Energy, Mineral and
Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit
This permit shall be effective from the date of issuance until June 23, 2028, and shall be subject to the
following specified conditions and limitations
I DESIGN STANDARDS
1 This stormwater system has been approved for the management of stormwater runoff as
described in Section 16 of this permit The stormwater control has been designed to handle
the runoff from 345,431 square feet of impervious area, of which 100.000 square feet is for
future development and 35 545 square feet is allocated to Outparcel #1 on Permit Number
SW8 100603
2 The tract will be limited to the amount of built -upon area indicated in Section 16 on page 2 of
this permit, and per approved plans
3 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
4 The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system
5 The built -upon areas associated with this project shall be located at least 50 feet landward of
all perennial and intermittent surface waters
Page 1 of 7
State Stormwater Management Systems
Permit No SW8 080527
6 The following design criteria have been provided in the wet detention pond and must be
maintained
at design condition
a
Drainage Area, acres
122
Onsite, ft2
284,808
Offsite, ft2
246,624
b
Total Impervious Surfaces, ft2
345,431
Buildings, ft2
50,000
Roads/Parking, ft2
159,886
Sidewalk & Concrete ft2
0
Outparcel #1, ft2
35,545 (see SW8 100603)
Future, ft2
100,000
c
Average Pond Design Depth, feet
50
d
TSS removal efficiency
90%
e
Design Storm, inches
1 5
f
Permanent Pool Elevation, FMSL
55
g
Permanent Pool Surface Area, ft2
26,889
h
Permitted Storage Volume, ft3
45,401
1
Storage Elevation, FMSL
7
t
Pre-dev 1 year 24 hour rate, cfs
21
k
Controlling Orifice
YO pipe
I
Permanent Pool Volume, ft3
136,905
m
Forebay Volume, ft3
26,588
n
Maximum Fountain Horsepower
/2 HP
o
Receiving Stream / River Basin
Mulberry Branch / Lumber
p
Stream Index Number
15-25-2-7
q
Classification of Water Body
"C,SW"
II SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately
The permittee shall at all time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition 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
Semiannual scheduled inspections (every 6 months)
Sediment removal
Mowing and re -vegetation of slopes and the vegetated filter strip
Immediate repair of eroded areas
Maintenance of all slopes in accordance with approved plans and specifications
Debris removal and unclogging of outlet structure, orifice device, level spreader, filter
strip, catch basins and piping
Access to the outlet structure must be available at all times
Records of maintenance activities must be kept for each permitted BMP The records will
indicate the date, activity, name of person performing the work and what actions were taken
Access to the stormwater facilities for inspection and maintenance shall be maintained via
appropriate easements at all times
The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division
Page 2 of 7
State Stormwater Management Systems
Permit No SW8 080527
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
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
9 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
10 Records of maintenance activities must be kept by the permittee The records will indicate the
date, activity, name of person performing the work and what actions were taken
11 Prior to issuance of an out parcel permit, the stormwater facilities will be inspected by DEMLR
personnel The protect and the stormwater facility must be in compliance with all permit
conditions Any items not in compliance must be repaired, replaced or restored to design
condition prior to issuance of future permits or modifications Records of maintenance
activities performed to date will be required
12 No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including but not limited to, those listed below For changes to
the protect or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification
a Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc
b Redesign or addition to the approved amount of BUA or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the
protect and/or property area as reported in the approved plans and specifications
d Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan
e The construction of any allocated future BUA
f The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications
g Other modifications as determined by the Director
13 Prior to transfer of the permit, a file review and site inspection will be conducted by Division
personnel to ensure the permit conditions have been met and that the protect and the on -site
stormwater system complies with the permit conditions Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer Records of maintenance activities
performed to date may be requested
Page 3 of 7
State Stormwater Management Systems
Permit No SW8 080527
14 Prior to the sale of any lot, the following deed restrictions must be recorded
a The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 080527, as issued by the Division
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, DEMLR
e Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division
f The maximum built -upon area is as listed below and as shown on the approved plans
Area BUA
Onsite Area 209,886 sf
Outparcel #1 35,545 sf for Permit No SW8 100603
Future Development 100,000 sf
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 surface of swimming pools
All runoff on the lot must drain into the permitted 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 Lots that will naturally drain into the system are not required to provide these
measures
Built -upon area in excess of the permitted amount will require a permit modification
Each lot within the subdivision whose ownership is not retained by the permittee, must
submit a separate Offsite Stormwater Management Permit application package to the
Division and receive a permit prior to any construction on the lot
If permeable pavement credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive approval from DEMLR
prior to construction of BUA
15 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
16 Decorative spray fountains are allowed in the pond, subject to the following criteria
a The minimum permanent pool volume is 30,000 cubic feet
b The fountain must draw its water from less than 2' below the permanent pool surface
c Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond
d The fountain may not be placed into the forebay
e The falling water from the fountain must be centered in the main pond, away from the
shoreline
f The maximum horsepower for a fountain in this pond is 1/2 horsepower
Page 4 of 7
State Stormwater Management Systems
Permit No SW8 080527
III GENERAL CONDITIONS
1 Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21
2 The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215 1 and subject to
enforcement procedures pursuant to NCGS 143-215 6
3 If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective
actions This includes actions required by this Division and the stormwater rules such as the
construction of additional or replacement on -site stormwater systems These additional or
replacement measures shall receive a permit from the Division prior to construction
4 Permit Transfer This permit is not transferable to any person or entity except after notice to
and approval by the Director The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events
a The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants,
b The assignment or conveyance of declarant rights to another individual or entity,
c The sale or conveyance of the common areas to a Homeowners or Property Owner's
Association, subject to the requirements of NCGS 143-214 7(c2),
d Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08,
e Bankruptcy,
f Foreclosure, subject to the requirements of Session Law 2013-121,
Current Permittee Name or Address Changes The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes
A name change of the current permittee,
A name change of the project,
A mailing address change of the permittee,
6 The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit
7 The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project
8 The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission, however, these actions do
not stay any permit conditions
9 Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee
Page 5 of 7
State Stormwater Management Systems
Permit No SW8 080527
10 Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual
11 The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the
laws, rules, and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al
12 A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H 1045(3)
Permit renewed, updated and reissued this the 28th day of September 2021
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1�n'an vvrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 7
State Stormwater Management Systems
Permit No SW8 080527
Attachment B
Master Permit No SW8 080527 Modification
Lot#
from
Master
Permit
Drains to
Pond #
Offsite Permit
No
Date Issued
Offsite Project Name
Allocated
BUA (sf
Proposed
BUA
1
1
SW8 100603
June 25, 2010
First Bank of
Shallotte
35,545 sf
35,545 sf
Future
1
Future
Future
Future
100,000 sf
future
Page 7 of 7
Attachment C - Permitting History
Famil Entertainment Center of Shallotte
Permit No SW8080527
Approval
Date
permit Action
RIMS
Version
Description of the Changes
12/16/2008
Original
Approval
10
6/25/2010
Modification/
Transfer
l I
This modification changes the name of the
permittee from East Coast Entertainment to
BR & JD Leasing, LLC, corrects the
drainage area to include the off -site parcel
and future areas, and adds the pond area to
the permit area
9/28/2021
Renewal
20
Permit Number SI,v�D�DS.-)imQP
(to be provided by DWQ)
Drainage Area Number
Wet Detention Basin 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 unmediately These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided
This system (check one)
❑ does ® does not incorporate a vegetated filter at the outlet
This system (check one)
❑ does ® does not incorporate pretreatment other than a forebay
Important maintenance procedures
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first trutial
fertilization that is required to establish the plants on the vegetated shelf
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be muumrzed to the
maximum extent practical
— Once a year, a dam safety expert should inspect the embankment
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 10 inches (or 15 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire BMP
Trash debris is present
Remove the trash/debris
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
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
Form SW401-Wet Detention Basin O&M -Rev 4
7Y,�—
Cr,-fVF0 8 2010
Page I of 4
Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remediate the problem
The inlet device pipe or
The pipe is clogged
Unclog the pipe Dispose of the
swale
sediment off -site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurring in the
Regrade the swale if necessary to
swale
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible Remove the sediment and
sediment storage
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Erosion has occurred
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems
Weeds are present
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health
Plants are dead, diseased or
Determine the source of the
dying
problem soils, hydrology, disease,
etc Remedy the problem and
replace plants Provide a one-time
fertilizer application to establish the
ground cover if a sod test indicates
it is necessary
Weeds are present
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
storage depth
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Algal growth covers over
Consult a professional to remove
50% of the area
and control the algal growth
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray)
the basin surface
i CEYVE15
Form SW401-Wet Detention Basin O&M -Rev 4 JUN 0 8 2010 Page 2 of 4
BY
Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remediate the problem
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers
A tree has started to grow on
Consult a dam safety specialist to
the embankment
remove the tree
An annual inspection by an
Make all needed repairs
appropriate professional
shows that the embankment
needs repair if applicable)
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 local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet
the 401 Oversight Unit at 919-733-
1786
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments
When the permanent pool depth reads 6 5 feet in the main pond, the sediment
shall be removed
When the permanent pool depth reads 6 5 feet in the forebay, the sediment
shall be removed
Sediment Removal
Bottom
BASIN DIAGRAM
(rill in the blanks)
0 Permanent Pool Elevation 5 5
I Pe manen Pool
--------------- -- Volume Sediment Removal Elevation-1 Volume
2 -ft Min ----------------------------- ------------ --- - ---
Sediment Bottom Elevation -2 1-ft n
Storage Sedimer
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin O&M -Rev 4
CIE, IVED
JUN 6 8 2010 Page 3 of 4
BY
PermitNumber 5u3O o8D521 moD
(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 I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name Family Entertainment Center of Shallotte
BMP drainage area number SW Pond #1
Print name
Title Manager / Member
Address 343 Whiteville Road, Shallotte, NC 28549
Phone
Signatt
Date
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
I, 14Jcw k4rie.4i d t— a Notary Public for the State of
kt l A, r_0D IIhI0.. , &unty of GC, , do hereby certify that
h1J T>. WAVI> personally appeared before me this
day of WUA, , �plp , and acknowledge the due execution of the
forgoing wet etention basin maintenance requirements Witness my hand and official
seal,
SEAL
My commission expires 1I' 1 lak Z 4 20 i7,
Form SW401-Wet Detention Basin O&M -Rev 4 1 JUN 0 8 2010 1 Page 4 of 4
��,y��. ;�l�!(ilrp, r�
\' ��f�^ (J^ty�� � j
u f �i �'.� r ^� 13 r
c. 4� ' �; w
'^ ��„`'bUn s� �
i Ry ..,,.'"�� ' s
Permit Number S�v�oeaa`sa
(to be provided by DWQ)
Drainage Area Number
Wet Detention Basin 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
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided
This system (check one)
❑ does ® does not incorporate a vegetated filter at the outlet
This system (check one)
❑ does ® does not incorporate pretreatment other than a forebay
Important maintenance procedures
- Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency dram should be minimized to the
maximum extent practical
— Once a year, a dam safety expert should inspect the embankment
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 10 inches (or 15 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire BMP
Trash/debris is present
Remove the trash/debris
The perimeter of the wet
Areas of bare soil and/or
Regrade the sod if necessary to
detention basin
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
Fnrtn cwaW _wPr nrtPnt,nn Racm lLCM_PP" 7
Pa 1 of 4
Permit Number 51.✓ S' 0 LO:5" a 7
(to be provided by DWQ)
Drainage Area Number /
BMP element
Potential problem
How I will remedrate the problem
The inlet device pipe or
The pipe is clogged
Unclog the pipe Dispose of the
swale
sediment off -site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurring in the
Regrade the swale if necessary to
swale
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible Remove the sediment and
sediment storage
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Erosion has occurred
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems
Weeds are present
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health
Plants are dead, diseased or
Determine the source of the
dying
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
i is necessary
Weeds are present
Remove the weeds, preferably by
hand If pesticide is used, wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
storage depth
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Algal growth covers over
Consult a professional to remove
50% of the area
and control the algal growth
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray)
the basin surface
Fnrm cwatri_WPt nPtrnfinn Rac,n ORM_RPv i Pann? of 4
Permit Number Sly 7 0 V Vs;c 7
(to be prp OW )_ _
Drainage Area Numbers �j'
BMP element
Potential problem
How I will remediate the problem
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers
A tree has started to grow on
Consult a dam safety specialist to
the embankment
remove the tree
An annual inspection by an
Make all needed repairs
appropriate professional
shows that the embankment
needs repair
The outlet device
Clogging has occurred
Clean out the outlet device Dispose
of the sediment off -site
Phe outlet device is damaged
I Repair or replace the outlet device
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet
the 401 Oversight Unit at 919-733-
1786
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments
When the permanent pool depth reads 6 5 feet in the main pond, the sediment
shall be removed
When the permanent pool depth reads 6 5 feet in the forebay, the sediment
shall be removed
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation 5 5
Sediment Removal EVo2
Pe anen Pool
--------------- olume Sediment Removal Elevation -I Vol
Bottom Elevatft Min-------------------------------------------
-- �---
-2 jl-ft
Storage
Storage
FOREBAY MAIN POND
Fnrt cwnni-wPt DPt>nfinn Racm n q m-Rvv 2 Pao i of 4
Permit Number S vyo g n�
(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 I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name Family Entertainment Center
BMP drainage area number SW Pond #I
Print name Brian McCall
Title
Address 205 8'h Ave N North Myrtle Beach, SC 29582
Phone (843) 249-4562 . , A
Signature
Dateq�a8
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
11 QrLJ a Notary Public for the State of
County of rtwwScJccAc_ do hereby certify that
:&ri QV\ to f (t L1I personally appeared before me this aq'o�
day of P: , 4co3 , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements Witness my hand and official
seal,
@�OTA�7�C
1j134�G
u
COU
SEAL
My commission expires (0 - t5 a00 9
Fn,m cwani-WPt nrtnnt..n Racm n.CM_RPv'i Pao.4 of 4
DEMLR USE ONLY
- Date Received
Fee Paid
Permit Number
1 J
t J 0c//c
i-c�!
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days
pnor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60 (c) This application form rs for permit renewals only
A PROJECT INFORMATION
1 State Stormwater Permit Number SW8 080527
2 Project name Family Entertainment Center of Shallotte
3 Project street address
City Shallotte
349 Whitewlle Road
County Brunswick ZIP 28470
4 What, if any changes have been made to the project as permitted? None
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at https //deq nc gov/about/divisions/energv-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction
B PERMITTEE INFORMATION
If changes to the permittee or project name have been made please complete either the Permit Update form
or the Permit Transfer form available at https //deq ncgov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not
automatically transfer with the sale of the property
1 Current Permit Holders Company Name/Organization BR & JD Leasing LLC
2 Signing Officials Name Dr John D Ward
3 Signing Official's Title Manager
4 Mailing Address 11 Brierwood Road
City Shallotte State NC ZIP 28470
5 Street Address
City
6 Phone ( 9�0 ) 754-754-6453 Email
jdward@atmc net
SEP 2 4 2021
BY_
ZIP
Stormwater Permit Renewal Form Page 1 of 3 May 11 2018
C SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2 USMP Non -Coastal HQW/ORW) Only applications packages that
include all required items listed below will be accepted and reviewed
Initial each item below to indicate that the required information is provided in the application package
IaE 1 A permit application processing fee of $505 00 payable to NCDEQ
2 One original signed hard copy and one electronic copy of this completed form The signing official
named on this application to represent the current permittee must meet one of the following
a Corporation — a principle executive officer of at least the level of vice-president
b Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G S 57D "North Carolina Limited Liability Company Act
c Public Entity — a principal executive officer, ranking official or other duly authorized employee
d Partnership or limited partnership — the general partner,
e Sole proprietor or
f Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity
N/A 3 One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including deed restrictions protective covenants,
condominium/planned community declaration and easements If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date
4 O&M Agreements Please select one
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
Vr keep this on file with the permit or
I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent tome I agree to keep this on file with the permit
5 Dgsigner Certifications Please select one
�f A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed, or
❑ The project has not yet been built
N/A 6 [IF APPLICABLE) If the project has been built, one original hard copy and one electronic copy of a
signed sealed and dated letter from a licensed professional stating that the SCMs have been
inspected and that they have been built and maintained in accordance with the permit
7 [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC)
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State
or other official documentation, which supports the titles and positions held by the persons listed in
Section C 2 per 15A NCAC 2H 1043(3)(b)
https //www sosnc gov/online services/search/by title/ Business Registration
SEP 2 4 2021
BY
Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018
D PERMITTEE'S CERTIFICATION
Dr John D Ward, Manager the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site) that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project SCMs or ownership All information provided on this permit renewal application is to the best of my
knowledge correct nd c mpl:2t
Signature % > Date
NOTARIZATION
I, Sabrina B Babson
North Carolina
County of
Brunswick
a Notary Public for the State of
do hereby certify
that Dr John D Ward, Manager personally appeared before me
this the 1 st day of September 20 21 and acknowledge the due
execution of the forgoing instrument Witness my hand and official seal
0
w My ditf4iMSon @
so U800
'S�/CK COO'
.. W.'
110
October27 2023
A^
AC: Via,` r,
SEP 2 4 2021 11
BY
Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018
d
Permit
(to be pmndad by DWO)
-pF WATF,SO
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
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 of the required information
IPROJECT4INFORMATION%.'' ..` ..rAu '` .ee. '4"+`y's".'�"J,.. ` '''k.6 ' =,.'
Project name Family Enlenainmenl Center
Contact person „ Bnan McCall i
Phone number 1843 249-4562 - - - -
Date @7 May Off
Drainage area number Storm Water Pond #1 _ `
IpxDESIGN`INPORMATION,' ra "fir. " "r'z." —,- `,'.
Site Characteristics
Drainage area 531 432 fP
Impervious area 345431 fP
%Impervious 6500003763 %
Design rainfall depth 15 in
Storage Volume Non SR Waters
Minimum volume required
42182
fl3
Volume provided
45401
rya
Storage Volume SR Waters
1 yr 24 hr runoff depth
NIA
in
Pre -development 1 yr 24 hr runoff
NIA
N3
Post development 1 yr 24 hr runoff
NIA
fl3
Minimum volume required
#VALUE'
n3
Volume provided
NIA
rya
Peak Flow Calculations
Is pre/post control of the 1 yr 24 hr peak flow required9
Y
(Y or N)
1 yr 24 hr rainfall depth
3 7
in
Rational C pre development
03
(unitless)
Rational post -development
07
(unitless)
Rainfall intensity 1 yr 24 hrstonn
57
tnlhr
Pre -development 1 yr 24 hr peak flow
210
ft3lsec
Post -development 1 yr 24 hr peak flow
59
ttalsec
Pre/Post 1 yr 24 hr peak flow control
15 1
ft/sec
Basin Elevations
Basin bottom elevation
200
ft
Sediment cleanout elevation
100
it
Bottom of shelf elevation
500
it
Permanent pool elevation
550
ft
Top of shelf elevation
600
It
Temporary pool elevation
700
It
Volume and Surface Area Calculations
SAIDA ratio
465
(unitless)
Surface area at the bottom of shelf
2359500
fl2
Volume at the bottom of shelf
124284 00
tt3
Permanent pool surface area required
24 712
11
Permanent pool surface area provided
26 889
g?
Permanent pool volume
136905
rya
Average depth for SAIDA tables
5091487225
it
Surface area at the top of shelf
30 832
1?
Volume at the top of shelf
151 335
rya
SHW7- =
I ro' MSc -
Form SW401 Wet Detention Basin Rev 3
y OC` 0��0�8
OF
(!W4 Salts mar By MTacof-
51NrM #,A suwrcr. pftm hV4ug-u, zing)
Paris 1 a 11 Design Summary Page 1 of 2
1 f 1
t _ _
nn < ) f
♦: �°�` to r • � � ,t
E
0
Permit No
(to be provided by DWQ)
II DESIGN INFORMATION
Forebay volume
26 588
rya
Forebay %of permanent pool volume
19
%
OK
Temporary pool surface area provided
33 645
fie
Drawdown Calculations
Treatment volume drawdown time
249
days
OK
Treatment volume discharge rate
020
fi3g
Pre -development 1 yr 24 hr discharge
2102
fi3(s
OK
Post -development l yr 24 hr discharge
590
ryals
OK
Additional Information
Diameter of onfice
300
in
Design TSS removal
90
%
Basin side slopes
3
1
OK
Vegetated shelf slope
10
1
OK
Vegetated shelf width
10
It
OK
Length of fiowpath to width ratio
3
1
OK
Length to width ratio
25
1
OK
Trash rack for overflow & onfice?
Y
(Y or N)
OK
Freeboard provided
42
fi
OK
Vegetated filter provided?
N
(Y or N)
Design must be based on 90%TSS removal
Recorded drainage easement provided?
Y
(Y or N)
OK
Capures all runoff at ultimate build -out?
Y
(Y or N)
OK
Drain mechanism for maintenance or emergencies
portable pump
4VALf1Ei
Form SW401 Wet Detention Basin Rev 3 Paris I & 11 Design Summary Page 2 of 2
Permit No
(to be provided by DWq)
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 protect 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
Pagel Plan
Initials Sheet No
1 Plans (1 50 or larger) of the entire site showing
/oG,5� Design at ultimate build out
SQVIcgP Off site drainage (if applicable)
AWI-7o uW-Delineated drainage basins (include Rational C coefficient per basin)
Own` TblPM-Basin dimensions
A/A Pretreatment system
t oKI 3ors High flow bypass system
"i tors Maintenance access
/orS Recorded drainage easement and public right of way (ROW)
3er5' Overflow device and
t or.5— Boundaries of drainage easement
2 Partial plan (1' = 30' or larger) and details for the wet detention basin showing
3PF5' Outlet structure with trash rack or similar
104- Maintenance access '
9cFS Permanent pool dimensions
3op5;leF37' Forebay and main pond with hardened emergency spillway
3oFs Basin cross section
3oFs Vegetation specification for planting shelf and
tij/A Filter stnp
—ilk 3 Section view of the dry detention basin (1 = 20 or larger) showing
. I - Side slopes 31 or lower
Pretreatment and treatment areas and
Inlet and outlet structures
3 of 4 If the basin is used for sediment and erosion control during construction clean out of the basin is specified on the
plans prior to use as a wet detention basin
5 A table of elevations areas incremental volumes & accumulated volumes for overall pond and for forebay to verify
volume provided
6 An assurance that the installed system will meet design specifications upon initial operation once the project is
complete and the entire drainage area is stabilized
7 A construction sequence that shows how the wet detention basin will be protected from sediment until the entire
drainage area is stabilized
-AM2gAdA 8 The supporting calculations
9 A copy of the signed and notarized inspection and maintenance (I&M) agreement
_ 10 A copy of the deed restriction
Form SW401 Wet Detention Basin Rev 1
Part III Required Items Checklist Page 1 of 1
State Stormwater Management Systems
Permit No SW8080527
Family Entertainment or Shallotte, LLC
Stormwater Permit No SW8080527
Brunswick County
Designer's Certification
1, JAl R • PAJ5Mf , as a duly registered MF,FtoofAi FJ IW n the
State of North Carolina, having been authonzed to ooserve (periodical / weekly/ full
time) the construction of the protect,
(Protect)
for SJIKt AS ABp,/f- (Protect Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the protect
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 is included in the Certification
Noted deviations from approved plans and specification
Acc MA709r117 t 1>1nIaW5IC J5 , Anlb AtT> &LirJ6 of Fb.4JD .qQg WITH,)
NORMAL coNsrnuuzoo( TD A60 >?�Ai .Ji- �7s oK �.IteEE{ ,
C-V9AJrAfr- Rt4V ,+"V.Js.
Signature t"A
Registration �i
SEP 2 4 202,
11
BY
SEAL
Page 7 of 8
s
State Stcrmwater Management Systems
Permit No SW8080527
Certification Requirements
The drainage area to the system contains approximately the permitted
acreage
The drainage area to the system contains no more than the permitted
amount of built -upon area
All the built -upon area associated with the project is graded such that the
runoff drains to the system
All roof drams are located such that the runoff is directed into the system
The outlet/bypass structure elevations are per the approved plan
The outlet structure is located per the approved plans
Trash rack is provided on the outlet/bypass structure
All slopes are grassed with permanent vegetation
Vegetated slopes are no steeper than 3 1
The inlets are located per the approved plans and do not cause short-
circurtmg of the system
The permitted amounts of surface area and/or volume have been
provided
Required drawdown devices are correctly sized per the approved plans
All required design depths are provided
All required parts of the system are provided, such as a vegetated shelf,
and a forebay
The required system dimensions are provided perthe approved plans
cc NCDENR-DWQ Regional Office
Brunswick County Budding Inspections
SEP 2 4 2021
BY
Pace 8 of 8
High Density Developments with Outparcels
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H 1000 and S L 2006-246, 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, Dr John D Ward, 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 intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 0805271as issued by the Division of Water Quality under the
Stormwater Management Regulations
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 areas listed below and shown on the approved plans is as
follows
Area BUA
Onsite Area 209,886 sf
Outparcel #1 35,545
Future Development 100,000 at
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 area in excess of the permitted amount will require a permit modification
9 The connection from the outparcel's collection system Into the stormwater control shall be made
such that short-circuiting of the system does not occur
10 For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate offsite stormwater permit application to the
Division of Water Quality and receive a permit prior to construction
11 The project and each outparcel will maintain a 30** foot wide vegetated buffer between all
impervious areas and surface waters
**50 foot for projects located in the 20 coastal counties
Form DR PC-2 Rev 2 05Nov2009 Page f of 2 :771
~• High Density Developments with Outplarcels
" Deed Restrictions & Protective Covenances
I, J 1 '' II -- , a Notary Public in the
State of or`-k i�.tr LrIj , County of I4Paa VfrioIeZ,
do hereby certify that jwoh►3 D, Vkrd _ personally appeared
before me this the IM day of 20 IV and acknowledge
the due execution of the foregoing instrument Witness my hand and official seal,
At"
Signature
My Commission expires IYl&rcL.2� 2olL
Form DRPC-2 Rev 2 05Nov2009 Page 2 of 2
SEAL
6 OFFICIAL SEAL
Notary Public North Carolina
NEW HANOVERCOUNTY
H SCOTTKENNEDY,JR
��CE' IVEr)
JUN 0 8 2010
BY
J40P High Density Commercial Subdivisions I
Deed Restrictions & Protective Covenances
IP�tVccordan ith Title 15 NCAC 2H 1000, the Management Regulations, deed restrictions
W pro ve covenants are required for High Density Commercial Subdivisions where lots
will ubdivided and sold and runoff will be treated in an engineered stormwater control
y Deed restrictions and protective covenants are necessary to ensure that the
evelopment maintains a built -upon area consistent with the design criteria used to size the
stormwater control facility
I, Brian McCall , 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 lot within the project known as The Family Entertainment Center
of Shallotte_
1 The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number _SW8 08 0527. 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 _209,886 square feet Future
development to the current drainage area of the permitted pond will be limited to 135,545 sf
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 lmuted 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 All runoff from the built -upon areas on the lot must drain into the permitted system This
may be 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 swales
to collect the lot runoff and directing them into a component of the stormwater collection
system Lots that will naturally drain into the system are not required to provide these
additional measures
8 The owner of each lot, whose ownership is not retained by the permittee, is required to
submit a separate stormwater permit application to the Division of Water Quality and
receive a permit prior to construct)
Signature �r' ��= Date
State of
D k>_Z�-'b trl , a Notary Public in the
County of �B c.JLc_L
do hereby certify that �-Rr-L,clr-\ A lc Cat personally appeared
before me this the day of ���cmi�cv— 20 Did , and acknowledge
the due execution of the foregoing instrument Witness my hand and
v as
Signature
z `G
My Commission expires aCO5