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HomeMy WebLinkAboutSW8050416_Historical File_20050421F WATF . Michael F. Easley, Governor 9 QG William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 21, 2005 Mr. Perry Ragsdale, Sr. Vice President Chick-fil-A, Inc. 5200 Buffington Road Atlanta, GA 30349-2998 Subject: Stormwater Permit No. SW8 050416 Chick-fil-A @Mayfaire Project served by an Offsite System New Hanover County Dear Mr. Ragsdale: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Chick-fil-A @Mayfaire on April 20, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 050416, dated April 21, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. 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 sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B 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 either Linda Lewis or me at (910) 395-3900. Sincerely, Edward Beck Acting Regional Supervisor Surface Water Protection Section ENB/arl: S:IWQSISTORMWATIPERMIT1050416.apr05. cc: Michael White, P.E., G. Robert George & Associates Tony Roberts, New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Jeff Zimmer, Mayfaire I, LLC Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NoOne orirhCarohna Naturally State Stormwater Management Systems Permit Number SW8 050416 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY S T ATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE STORMWATER CONTROL SYSTEM 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 Perry Ragsdale and Chick-trl A, Inc. Chick-frl A a@Mayfaire Mayfaire Community Center, New Hanover County FOR THE construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility, 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. The stormwater runoff from the site will be routed to a wet detention pond and an infiltration basin operated and maintained by Jeff Zimmer, Mayfaire I, LLC, under the terms and conditions set forth in Permit No. SW8 030701. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The runoff associated with this project has been approved to be discharged into Pond #7 and Infiltration Basin #8, permitted under SW8 030701, as described in Section 1.7 and 1.8 on page 3 of this permit. 3. The built -upon area allotted to future development by Stormwater Management Permit No. 030701, is 345,427 ft2 for Pond #7 and 10,521 ft2 for Infiltration Basin #8. This project proposes 32,233 for Pond #7, and 7,914 for Infiltration Basin #8. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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. 6. The runoff from the permitted built -upon area must be directed into the permitted stormwater system. Page 2 of 7 State Stormwater Management Systems Permit Number SW8 050416 7. The permittee shall at all times provide the following design criteria in the wet detention systems: POND #5 POND #6 POND #7 a. Drainage Area, acres: 24.76 25.05 43.81 Onsite: 24.76 23.14 43.81 Offsite: 0 1.91 0 b. Total Impervious Surfaces, ft2: 754,981 763,825 1,526,690 On -site 56,908 212,261 854,155 Contingency 303,548 68,295 327,109 Future 0 400,000 345,426 Offsite (The Reserve @Mayfaire) 394,525 83,269 0 c. Design Storm: 1" 1" 1" d. Pond Depth, feet: 5.5 5.0 6.5 e. TSS Removal Efficiency: 85% 85% 85% f. Permanent Pool Elevation, FMSL: 13.50 19.00 23.50 g. Permitted Surface Area, ft2: 72,430 48,802 111,882 h. Permitted Storage Volume, ft3: 62,819 76,586 237,344 i. Temp. Pool Elevation, FMSL: 14.35 20.50 25.50 j. Controlling Orifice: 4"0 4.0" 0 5.0" 0 k. Permitted Forebay Volume, ft3: 60,095 208,993 536,090 8. The permittee shall at all times provide the following design criteria in the infiltration basin #8: a. Maximum Drainage Area, ft2: 37,026 b. Total Impervious Surfaces, ft2: 27,443 c. Design Storm: 5" d. Basin Depth, ft: 1.5 e. TSS Removal Efficiency: 85% f. Basin Bottom Elevation, FMSL: 24.0 g. Basin Bottom Surface Area, ft2: 6,647 h. Permitted Storage Volume, ft: 12,104 i. Storage Elevation, FMSL: 25.5 (Overflow to 50' vegetated filter) j. Type of Soil: Leon k. Expected infiltration rate: 4.3 inches per hour I. Time to Draw Down, hours: 5 Page 3of7 State Stormwater Management Systems Permit Number SW8 050416 9. The Receiving Stream for the three wet ponds is Bradley Creek in the Cape Fear River Basin. The Stream Index Number is CPF24 18-87-24-4-(1) and the Classification is "SC HQW #" The receiving stream for the infiltration basin is Howe Creek in the Cape Fear River Basin. The Stream index Number is CPF24 18-87-23, and the Classification is SA ORW. The infiltration basin serves a drainage area that is not within 575' of the MHW of Howe Creek, but is within '/ mile of SA waters, therefore, the ORW requirements do not apply; but infiltration of the first 15' is required at a minimum. The infiltration basin is proposed to store and infiltrate the runoff from approximately 5" of rain. II. SCHEDULE OF COMPLIANCE 1. The offsite 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 associated with this project. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee is responsible for keeping the stormwater collection system on the lot clear of debris, and keeping the site stabilized in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. 4. Jeff Zimmer, Mayfaire I, LLC, shall, at all times, provide the operation and maintenance necessary to assure the permitted stormwater management system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the aneroved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition or selling of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 6. The Director may determine that other revisions to the project should require a modification to the permit. 7. Jeff Zimmer, Mayfaire 1, LLC, must keep records of maintenance activities and make them 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. 8. 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 4 of 7 State Stormwater Management Systems Permit Number SW8 050416 9. Jeff Zimmer, Mayfaire I, LLC, is responsible for providing, prior to issuance of a Certificate of Occupancy, and prior to operation of the permitted stormwater management facility, a certification from an appropriate designer for the system installed, certifying that the permitted facility has been installed in accordance with Stormwater Permit No. SW8 030701, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. The permittee is responsible for providing, within 30 days of completion of the project, a certification stating that the project has been built in accordance with the approved plans and specifications. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. This lot is limited to the amount of built -upon area indicated in the supporting calculations and per approved plans. The project must have a built -upon area less than or equal to the amount permitted under Stormwater Permit No. SW8 030701. Additional built -upon area will require a modification to the overall Permit. 13. Jeff Zimmer, Mayfaire I, LLC, must record any deed restrictions as required by their permit, and they must verify that the proposed built -upon area does not exceed the allowable built - upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 14. The drainage features shown as a part of the stormwater management system on the approved plan shall not be filled in, altered, or piped by any party without first submitting a revision to the permit and receiving approval from the Division. 15. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Ill. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all terms and conditions of this permit until such time as the Director approves the permit transfer. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the offsite stormwater facilities fail to perform satisfactorily, including the creation of nuisance conditions, Jeff Zimmer, Mayfaire I, LLC, is responsible for taking immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants permission for DENR Staff to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. Page 5 of 7 State Stormwater Management Systems Permit Number SW8 050416 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. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 21 st day of April 2005. NORTH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 13aelc-- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 7 2. If this application is being submitted as the result of a renewal or modification to an existing nPrmit, list the existing permit number _ and its issue date (if known) N/A 3. Specify the type of project (check one): Low Density X High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. 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. Erosion Control Silt Fendng, Inlet Protection at all Drainage Structures, Gravel Construction Entrance and other applicable best management practices. 2. Stormwater runoff from this project drains to the _ Cape Fear _ River basin. 3. Total Project Area:_ 1.513 acres 4. Project Built Upon Area:_60.9 _% 5. How many drainage areas does the project have?_ TWO _ 6. Complete the following information for each drainage area. Tf thwe 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. pcn8 I .Lf,1.1-e2 -�(a BsWn Information Drainage Area 1 Drainage Area 2 Receiving Stream Name . Greek Cr-,ee IL Receiving Stream Class Ic' /�Kro 42,927 soft 5/4 p 1Q r,,r Drainage Area 22,979 sgft Existing Impervious* Area None (zero) None (zero) Proposed Impervious*Area 32,233 soft, _ 7,914 sgft. % Impervious* Area (total) 75.1 % 34.4 % Impervious! Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings 0 4,837 sqft On -site Streets _ 0 0 0 On -site Parking 24.626 soft On -site Sidewalks 7.607 soft. 3,077 sgfL Other on -site _ 0 0 Off -site 0 0 Total: 32,233 � Total: 7,914 soft — * Impervious area is defined as the built upon area including, but not limited to, buildfr gs toads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 11 _7 _7 vk G. ROBERT GEORGE & ASSOCIATES, INC. 1r� CONSULTING- ENGINEERS, PLANNERS AND LAND SURVEYORS . `_ U 2411 SAVANNAH HWY. • CHARLESTON, SOUTH CAROLINA 29414 P.O. BOX 32158 • CHARLESTON, SOUTH CAROLINA 29417 • FAX I �P u- ; v April 19, 2005 Mr. Cameron Weaver NC DENR 1 " G `n 127 Cardinal Drive Extension Wilmington, NC 28405 Via Fed Express (DENR Ph # 910-395-3900) Re: Express Permit Review, Proposed Chick fd-A Restaurant Project @ Mayfaire Community Center, Tract 3 (Phase II) Wilmington, NC - Project No. SW8 Dear Mr. Weaver: Enclosed please find two (2) sets of revised plans for the Chick-fil-A Project per comments by Linda Lewis, letter dated April 7, 2004. The comments were addressed as follows: Item 1 Signature pages provided with VP signature. Item 2 Revised application form SWU-101 to provide two columns for drainage areas split between Pond #7 and Infiltration Area #8. Item 3 Delineation line added to Sheet C3 Item 4 This property will be leased by Chick-fil-A; therefore, no deed restrictions will apply or transferred. Item 5 We have contacted Mr. Robert Klauk with Land Design, Inc., to provide the Certification for Exfiltration Area #8. An as -built survey is in progress and the Certification will be provide by separate correspondence. Item 6 We have revised the Impervious Area Table to show the total amount of impervious area within each basin. The total "built -upon" area draining to Infiltration Area #8 is 7,914 sgft. which is below the remaining 10,521 sgft. Item 7 A check for $2000.00 is enclosed. Please send the $4000.00 check back to Chick-fil-A to the attention of Ms. Alison Kelly. If you have any questions, or need additional information to complete your review, please call. Sincerely, ZED G. ROBERT GEORGE & ASSOCIATES, INC. Michael S. White, P.E. _ MSW/msw 1659-2 Enclosures cc Kevin Kilgore PECFTVED APR /005 BY: - J 100% RF(:YCLED PAPER O�QF WATFRQG Michael F. Easley, Governor William G. Ross, Jr., Secretary- North Carolina Department of Environment and Natural Resources Nq=!r r Alan W. Klimek, P.E. Director , Division of Water Quality April 7, 2005 Mr. Kevin Kilgore, Project Manager Chick-fil-A, Inc. 5200 Buffington Road Atlanta, GA 30349-2998 Subject: Request for Additional Information Stormwater Project No. SW8 not assigned Chick-fil-A Mayfaire Community Center New Hanover County Dear Mr. Kilgore: The Wilmington Regional Office received a Stormwater Management Permit Application for Chick-fil-A Mayfaire Community Center on April 6, 2005. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Only a person of at least the level of president or vice president may sign the application. The signature of the consultant or other third party can be accepted only if the application is accompanied by a letter of authorization signed by the president or vice president of Chick-fil-A, Inc., authorizing the third party to sign the stormwater application on their behalf. ✓2. Based on the plans approved on January 28, 2004, the drainage from this outparcel is split between Pond #7 and Infiltration Area #8. Please complete two columns on the application, one to show the drainage area and impervious area that drain to Pond #7, and the other to show the drainage area and impervious area that drain to Infiltration Area #8. 3. Please delineate the two drainage areas for this outparcel on the plans. 4. The permit the Division issued for the Mayfaire Community Center did not restrict �¢� lots to 80% built -upon area. This may be something the permittee did on his own as a result of selling this outparcel. Please submit a copy of the recorded deed restriction so I can verify this information. ✓5. The infiltration area has not been certified by an appropriate professional. By copy of this letter to Jeff Zimmer, I am requesting that the designer's certification be submitted prior to permitting this development. 6. Infiltration Area #8 is limited to a maximum of 27,443 square feet of built -upon area, of which 16,922 is the access road and sidewalk, leaving a maximum of 10,521 square feet of built -upon area on this outparcel that can drain to Basin #8. 7. The fee for an Offsite Express stormwater application alone is $2000.00. The check we received was for $4000.00. Please resubmit a check for $2000.00 and we can either destroy the $4000.00 check or return it to you. Please advise. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2a.enr.state.rc.us ne Noxth%a1C011ria An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper l+Qllin Mr. Kilgore April 7, 2005 Stormwater Application No. SW8 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 14, 2005 , or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, i Linda Lewis Environmental Engineer ENB/arl: S:IWQSISTORMWATERIADDINFO120051chickfilamayfaire.apr05 cc: Michael White, P.E., G. Robert George & Associates Jeff Zimmer, Mayfaire I, LLC Ray Waugh, P.E., Land Design Linda Lewis Page 2of2 North Carolina Department of Environment and Natural Resources Wilmington Regional Office _._.-- -- - iVlcliael: Easley,.overtior=- - - - ---- -- ---. William G. Ross Jr., Secretary April 20, 2005 RECEIPT FOR CHECK RETURNED Check #336961 in the amount of $4000 has been returned to: Chick-Fil-A, Inc. Attn: Allison L. Kelley 5200 Buffington Road Atlanta, GA 30349 NCDENR An error was made in calculating the proper fees owed for this Express Permitting project: Chick-Fil-A Mayfaire Community Center Wilmington, NC A check in the proper amount of $2000 was received on April 20, 2005. r Signature of receipt: 127 Cardinal Drive, Wilmington, North Carolina 28405 Phone: 910-395-3900 \ FAX: 910-350-2004 \ Internet: www.enr.state.nc.us AN EQUAL OPPORTUNITY \ A.FFIRMATIVE ACTION EMPLOYER \ 50% RECYCLED \ 10% POST CONSUMER PAPER Chick-f31-A,. Inc. Telephone 404-765-8900 .... _. LETTER OF TRANSMITTAL TO: NCDENR DATE: 4/5/2005 127 Cardinal Drive Wilmington, NC 28405 ATTN: Mr. Cameron Weaver RE: Chick-fil-A at Mayfaire, Wilmington, NC We are sending: Please see the following attachments for the above -referenced project: • executed Stormwater Management Permit Application Form executed Off -Site System Supplement form • check #336961 in the amount of $4,000 for the expedited review fee For: Your processing. Remarks: If you have any questions or need additional information, please call me at 404-765-7802. Alison L. Kelley Senior Development Coordinator Design & Construction Department cc: Kevin Kilgore RECEIVED APR 0 6 2005 DWQ 11-R if i # M G. ROBERT GEORGE & ASSOCIATES, INC. CONSULTING ENGINEERS, PLANNERS AND LAND SURVEYORS 2411 SAVANNAH HWY • CHARLESTON, SOUTH CAROLINA 29414 • (843) 556-4261 P.O. BOX 32158 v CHARLESTON, SOUTH CAROLINA 29417 • FAX (843) 571-0276 April 4, 2005 Mr. Cameron Weaver lX� NC DENR 5 ( 127 Cardinal Drive Extension Wilmington, NC 28405 �J Via Fed Express (DENR Ph # 910-395-3900) Re: Express Permit Review Proposed Chick fil-A Restaurant Project @ Mayfaire Community Center, Tract 3 (Phase II) Wilmington, NC Dear Mr. Weaver: Enclosed please find two (2) sets of plans for the Chick-fil-A Project that we are requesting Express Permit Review. The application forms and permit fee will be sent by separate correspondence from Chick-fil-A and should arrive on Wednesday morning. It is our understanding the review is scheduled for Thursday, April 7, 2005. If you have any questions, or need additional information to complete your review, please call. Sincerely, G. ROBERT GEORGE & ASSOCIATES, INC. Michael S. White, P.E. MSW/msw 1659-2 Enclosures cc Kevin Kilgore A REC�.IVED nU APR JY5 2005 nwe 'Maoa # 1659dm r.wpd 100% RECYCLED PAPER