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HomeMy WebLinkAboutSW8980716_CURRENT PERMIT_20220701 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 9 8 07 16 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2022 07 0 l YYYYMMDD ROY COOPER Governor EUZABETH S. BISER Secretary BRIAN WRENN Director July 1, 2022 Con Investments 11, Corporation Attn: Jackson L. Conner, President P.O. Box 1276 Morehead City, Nc 28557 NORTH CAROLINA Environmental Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 980716 Wallace Conner Outpareels formerly Newport Food Lion Outparcels Carteret County Dear Mr. Conner: Effective August I, 2013 the Post -Construction Stormwater Management 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 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 enforcement 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 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 Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on June 24, 2022. The Division is hereby notifying you that permit SW8980716 has been renewed, updated, and re -issued on July 1, 2022, as attached. Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until May 13, 2025, which includes all available extensions, and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any puts, requirements, or limitations contained in this permit are unacceptable, you have the tight 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 filing fee (if it 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.NCOAFI.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, ,Brian Wrenn, Director Division of Energy, Mineral and Land Resources -D_EQ�L North Carolina Department of Environmental Quality I Division of Energy,, Mineral and land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 State Stormwater Permit No. SW8 980716 Page 2 of 2 Enclosures: Attachment B — Built -Upon Area Allocation Attachment C — Permitting History Renewal Application Documents DES/tuns: %Stormwater\Permits & Projects\ 1 998\980716 HD\2022 07 permit 980716 cc: Wilmington Regional Office Stormwater File ®Mn 0� North Carolina Department of Environmental Quality i Division of Energy. Mineral and Land Resources / Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 �aa+.� 910.796.7215 Post -Construction Stormwater Management Permit No. SWB 980716 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION 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 Con Investments Il, Corporation Wallace Conner Outparcels 248 Old Fashioned Way, Newport, Carteret County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until May 13, 2025 and shall be subject to the following specified conditions and limitations. 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 condition. 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. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The stormwater control has been designed to store and treat the runoff from 218,206 square feet of impervious area. 3. The tract and each outparcel will be limited to the amount of built -upon area indicated in Section 1.7 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 1 of 6 Post -Construction Stormwater Management Permit No. SW8 980716 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 5.57 Onsite, sq. ft.: 242,630 Offsite, sq. ft.: 0 b. Total Impervious Surfaces, ft2: 218,206 Outparcel 1, ft2 43.399 Outparcel 2, ft2 49,757 Outparcel 2B, ft2 3,965 Outparcel 3, ft2 22,000 Outparcel 4, ft2 26,000 Outparcel 4B, ft2 28,000 Outparcel 5, ft2: 45,085 c. Pond Depth, feet: 7.5 d. TSS removal efficiency: 90% e. Permanent Pool Elevation, FMSL: 33.50 f. Permitted Permanent Pool SA, sq. ft.: 10,135 g. Permitted Storage Volume, cubic ft.: 38,413 h. Temporary Storage Elevation, FMSL: 35.5 i. Controlling Orifice: 2" 0 j. Permanent Pool Volume, cubic feet: 38,413 k. Maximum Fountain Horsepower: 1/8 I. Permitted Forebay Volume, cubic ft.: 6,064 m. Receiving Stream/River Basin: Newport River / WOK03 n. Stream Index Number: 21 - (1) o. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at 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: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. a. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 2 of 6 Past -Construction Stormwater Management Permit No. SW8 980716 5. 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 980716, 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 of Water Quality. f. The maximum built -upon area per lot, in square feet, is as follows: Outparcel1 43,399 Outparcel4 26,000 Outparcel2 49,757 Outparcel4B 28.000 Outparcel2B 3,965 Outparcel5 45,085 Outparcel3 22,000 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. g. 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. In. Built -upon area in excess of the permitted amount will require a permit modification. i. 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 constriction on the lot. 6. 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. 7. 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 1/8 horsepower 8. 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. 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. A modification may be required for those deviations. Page 3 of 6 Past -Construction Stormwater Management Permit No. SW8 980716 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. Prior to the sale or lease of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 12. The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system. 13. 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. 14. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. 15. 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 project 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 project 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. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #67 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. 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. PERMIT RENEWAL. 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). Page 4 of 6 Post -Construction Stormwater Management Permit No. SW8 980716 CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. 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 project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. 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. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions Page 5 of 6 Post -Construction Stormwater Management Permit No. SW8 980716 e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. 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. Permit renewed, updated and reissued this the 1 st day of July 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian vvrenri, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 Attachment C - Permitting History Wallace Conner Outparcels Permit No. SW8 980716 Approval Date permit Action BIMS Version Description of the Changes 12/9/1998 Original Approval 1.0 5/27/2003 Modification 1.1 Resizing outparcel #5 3/16/2010 Modification 1.2 Additional 2 outparcels; reassigning outparcel #3 and #4 BUA 7/l/2022 Renewal 2.0 Expires May 13, 2025 Project Permittee: POND MAINTENANCE REQUIREMENT'S Wallace J. Conner Property Out Parcels ill, #2, #3, #4 and #5 Project No y50c3 g55r7-/69 Wallace J. Conner Phone No. 919-782-4798 P.O. Box 1839 Morehead City, NC 28557 I. Monthly, or after every runoff producing rainfall event, whichever comes fast: A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning. B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DEM personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/cleaning will be done as necessary. II. Quarterly: A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting. Riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. III. Semi-annually: A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75 % of the original forebay design depth of 3. 5 1. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. POND MAINTENANCE REQUIREMENTS PAGE 2 IV. Annually: A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original design depth or 3', whichever is greater. Design depth is 7. 5 ', measured vertically from the orifice down to the pond's bottom. Sediment must be removed to at least the original design depth. V. General: A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 5". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of the growing season, in November. Environmentally sensitive chemical for use in killing cattails can also be used. Contact your nearest Agricultural Extension Agent. C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributed to a clogged system. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements: I Wallace J. Conner hereby acknowledge that I am the financially (please print or type name clearly) responsible party for maintenance of this detention pond. I will be responsible for the performance of the maintenance as outlined above, as part of the Stormwater Management Permit received for this project. Signature: A2D Date: 6 DA/arl: S:\WQS\ST AT\FORMS\O&M-POND. FOR IJFMI_K USF ONLY Date ceive Fee Paid Permit Number , 6- SW? 0 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 prior 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 is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 980716 2. Project name: Wallace Conner Outparcels formerly Newport Food Lion Oulparcels 3. Project street address: 248 Old Fashioned Way City: Newport County: Carteret ZIP: 28570 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://deg.nc.gov/about/divisions/enerav- mineral-la nd-resou rces/energy-min era I-land-ru les/stormwater-prog ram/post-construction. B. PERMITTEE INFORMATION If changes to the perrnittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/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 Holder's Company Name/Organization: Con Investments II, Corporation 2. Signing Official's Name: Jackson L. Conner 3. Signing Official's Title: President 4. Mailing Address: PO Box 1276 City: Morehead City 5. Street Address: 105 Gloucester Court City: Newport 6. Phone:(252 ) 725-3360 Email: wallaceiconner3350@gmail.com State: NC ZIP : 28557 State: NC ZIP : 28570 JUN 2 4 2022 BY. -- 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/ORI). 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: 1. A permit application processing fee of $505.00 payable to NCDEQ. _ 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. J� 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: �j I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ 1 do not have a copy of the current recorded O&M Agreement for all SCMs and am Y requesting a copy be sent to me. I agree to keep this on file with the permit. \ 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or �$( A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or j( ❑ The project has not yet been built. 1` 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. X 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 JUN 2 4 2022 By Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 9 D. PERMITTEE'S CERTIFICATION Jackson L. Conner , 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 ownershiR. All information provided on this permit renewal application is, to the best of my knowledge, correct and plete. /1 Signature: x tjI , ( � Date: �'z z NOTARIZATION: � 1. Lauren R. Foshee Cox North Carolina a Notary Public for the State of County of Carteret , do hereby certify that Jackson L. Conner 1, 1 personally appeared before me this the 22 day of V U (1P_ 2022 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Fos HFFO (�AI^ O'fARy Notary Signature: p fl K . �)lll p� 1 lri[�= �1 �G My commission expires 11�9n�4D2�1 �, P�S�� NIST fC 6 to at� , JUN 2 4 2022 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 iA7'� =t� C3U,_j o� rii J✓ T.�Y��.o,,y �Jd� Permit No. �w� 9�� 71 (-v (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Wallace J. Conner Property (Retention Pond for Out Parcels li1,#2,#3,114 and ll5) Contact Person: Glenn Tee,* Phone Number: ( 910 ) 892-5159 For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation areas 26.0 ft. 33.5 ft. 35.5 ft. Permanent Pool Surface Area 10,135 sq. ft. Drainage Area 5.57 ac. Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal 2 5.01 ac. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) 38,413 cu. ft. (combined volume of main basin and forebay) 23,664 cu. ft. (volume detained above the permanent pool) 6,064 cu. ft. (approximately 20% of total volume) 0.033 (surface area to drainage area ratio from DWQ table) 2 in. (2 to 5 day temporary pool draw -down required) 90 in. % (minimum 85% required) Form SWU-102 Rev 3.99 Page I of 4 Footnotes: 1 When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the` actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non \ standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BNIP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. in. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT 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) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Justification Sheet Modification Permit # SW8980716 C. We have previously used the SA/DA factor for 90% TSS removal and therefore a 30 foot vegetative filter was not required. k. The previously approved permanent retention pond is adjacent to a public R.O.W. and therefore a separate easement is not needed for access. /,Mai%ntenance activities shall be performed as follows: ter every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). 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 5.63 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.0 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 33.50 Sediment Re oval EI. 30.50 75 -------------- -- Sediment Removal Elevation 27.88 75% Bottom Ele tttion 30 %--------------------------------------------- ----- Bottom Elevation 26.0 25% FOREBAY T MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and £orebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven 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. Print name: Wallace J. Conner 746. Owner Address: P.O. Box 1839 Morehead City, N.C. 28557 919-782-4798 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, �III� iT(A�Y1tlJ� a Notary Public for the State of G N County of _P4 do hereby certify that Walla C2 �CovlvlP,� personally appeared before me this 10 day of 'r& and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, MY coMMISSION A EXPIRES rive giri'u'>li.�,. �."Aml My commission expires Form SWU-102 Rev 3.99 Page 4 of 4 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 March 9, 2010 Mr. Chris Baker NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28506 re: Wallace Connor Outparcels, SW8 980716 Modification Newport, Carteret County Stormwater Pond Re -certification Dear Mr. Baker, Based on your onsite inspections and concerns for the above referenced project, we have surveyed the existing conditions of the stormwater wet -detention pond to determine if sediment cleanout is warranted. The pond was previously certified by the original design engineer. Based on the attached survey by our company, please utilize this correspondence as our certification that the wet detention pond is in compliance with Stomiwater permit _ SW8 980716. If I can provide any additional information, please let me know. . N CARP '4i� cciy„ C t/ •� Z. .- FESSrp ; vq ; �9 .AL SEAL �1 * 1 R nald D. Cullipher, P.E. i` • 13343 9 '• 4�` �v O '• •NOINE.•r -•'y .D. 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252)247-7479 A � I i �r v i Wallace Conner Outparcels Stonnwater Permit No. SW8 980716 Modification Carteret County Designer's Certification State Stormwater Management Systems Pernut No. SW8 980716 Modification I J �t w„ �Z 1e h h /e W , as a duly registered _ FNq 'nee r in the State of North Clarolina, having been authorized to observe (periodica y/weekly/full time) the construction of the project, W4IIAce Conner Out.parce(S (Proj ect) for Wallace 7 6�onHer (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 is included in the Certification. Noted deviations from approved plans and specification: Signature Registration 41mber 1 H 5 0 0 Date RECEIVED JAN 15 2004 PROD # S Dili 4yo-7/o State Stormwater Management Systems Pennit No. SR'8 980716 Modification Certification Requirements: j�T 1. The drainage area to the system contains approximately the permitted acreage. L2. The drainage area to the system contains no more than the permitted amount of built -upon area. �3. All the built -upon area associated with the project is graded such that the runoff drains to the system. A-114. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located penthe approved plans. /6. Trash rack is provided on the outlet/bypass structure. �7. All slopes are grassed with permanent vegetation. [[ 8. Vegetated slopes are no steeper than 3:1. f9. The inlets are located per the approved plans and do not cause short-circuiting of the system. /"[10. The permitted amounts of surface area and/or volume have been provided. IL Required drawdown devices are correctly sized -per the approved plans. 12. All required design depths are provided. 1-13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. A14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Carteret County Building Inspections 9 NORTH CAROLINA. CARTERET COUNTY Thls instrument and this certificate are duly flied at the date and time and in the Book and Page shown on the first page hereof. —A�i w ce. Real rN ds . DaWb. ral WdDarts RECEIVED MAY 2 8 2010 BY: FOR REGISTRATION REGISTER OF DEEDS Joy Laurenoa Carlaret COUntY� NC May 25, 2010 03:24:31 PM COUNTER OECL 6 P FEE: $29.00 FILE N 1342349 PREPARED BY: M. DOUGLAS GOINES, BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 RETURN TO: M. DOUGLAS GOINES, BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 DECLARATION OF RESTRICTIONS AND COVENANTS This Declaration is made this a�ay of 94)ril, 2010 by CONNER — W, LLC, a North Carolina Limited Liability Company, the Carteret County Board of Alcoholic Control, REDCO Properties, LLC, a North Carolina Limited Liability Company, and Keith D. Cowell and wife, Gloria H. Cowell (hereinafter, collectively, "OWNERS"). WHEREAS, OWNERS are the owner of tracts numbered 1, 2A, 2B, 3, 4A, 4B and 5 as the same are depicted on a map thereof recorded in Map Book 31, Page 846 of the Carteret County Registry; and WHEREAS, in order to obtain stormwater management permits for the tracts described herein and other adjacent and related properties, OWNERS agreed to impose upon the properties described herein the restrictions and covenants set forth therein. NOW, THEREFORE, in consideration of one dollar ($1.00) and other valuable considerations and issuance of the stormwater permits previously described, OWNERS, do hereby impose the following restrictive covenants upon tracts 1, 2A, 2B, 3, 4A, 4B and 5 as depicted in Map Book 31, Page 846 at the Carteret County Registry: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8-980716, as 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. Page 1 of 6 BOOK--\22-k-A' - PAGE 3� U 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 parcels described herein shall be as follows: Parcel No. 1 Built Upon Area 43,399 SF Parcel No. 2A Built Upon Area 49,757 SF Parcel No. 2B Built Upon Area 3,965 SF Parcel No. 3 Built Upon Area 22,000 SF Parcel No. 4A Built Upon Area 26,000 SF Parcel No. 4B Built Upon Area 28,000 SF Parcel No. 5 Built Upon Area 45,085 SF 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 offshe 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. Page 2 of 6 F3�Ot iAGE3-'a,; We have set our hands and seals to this Declaration of Restrictions and Covenants on the date above written. CONNER— W, LLC BY: JACK90N L. CONNER, STATE OF NORTH CAROLINA COUNTY OF CARTERET (SEAL) I, L4.ta¢clK, .J• 7a,tLt,2W�r" a Notary Public for Carteret County, North Carolina, do hereby c6ftify that JACKSON V CONNER personally came before me this day and acknowledged that he is a Member/Manager of Conner — W, LLC, a North Carolina Limited Liability Company, and acknowledged, on behalf of Conner — W, LLC, the due execution of the foregoing instrument. WITNESS my hand and official seal this the' day of May, 2010. 9ddy O o My Commission Expires:: T -2 a Q A1-5 C)�: NOTARY :POLIC aro l y A 7-- Zra&j PRINTED NAME OF NOTARY (THREE SIGNATURE PAGES FOLLOW) Page 3 of 6 GE SIGNATURE PAGE FOR DECLARA TIONS OF RESTRICTIONS& COVENAMS NC STORMWATER PERMIT NO. SW8.9807) 6 CARTERET COUNTY BOARD OF ALCOHOLIC CONTROL (SEAL) BY; � � as ✓S (printed name here) STATE OF NORTH CAROLINA COUNTY OF CARTERET I, 17 a Notary Public for Carteret County, North Carolina, do hwebycerti6 that personally came before me this day and acknowledged that he/she is �_ of the Carteret County Board of Alcoholic Control, and acknowledged, on behalf of Carteret County Board of Alcoholic Control, the due execution of the foregoing instrument. WITNESS my hand and official seal this theday o 2010. O aoulM4y�% \ L. dpy'+� NOTARY PUBLIC & < Public Z a _ MY Ctxnm. FxP• MAY10% 8 63 &JnLt n r4 & p PRINTED NAME OF NOTARY My Commission Page 4 of 6 $arc I 3�q SIGNATURE PAGE FOR DECLARATIONS OF RESTRICTIONS & COVENANTS NC STORMWATER PERMIT NO. SW8-9807I6 REDCO Properties, LLC 7 (. 7 (SEAL) BY: aame,OA McXad- Member/Manager (printed name here) STATE OF NORTH CAROLINA COUNTY OF Lenoir 1, AAichotle. Vauphl Day a Notary Public for said County and State, do hereby certify that l amertrn klMe personally came before me this day and acknowledged that he/she is a Member/Manager of REDCO Properties, LLC, a North Carolina Limited Liability Company, and acknowledged, on behalf of REDCO Properties, LLC, the due execution of the foregoing instrument. WITNESS my hand and official seal this the 23 day of April, 2010. � Y�� � ����A(jG E I NOTARY PUBLIC 00rA%. �: L e p�BL�C 3 M""ef'IG VaL. n Ydy G' �f PRINTED N F NO ARY UNI'1 My Commission Expires: ''%##mosos Nowem19er 27, 2012 Page 5 of 6 SIGNATURE PAGE FOR DECLARATIONS OF RESTRICTIONS & COVENANTS NC STORMWATER PERMIT NO. SW8-980716 A4n— y (SEAL) KEITH D. COWELL (SEAL) GL I. COWELL STATE OF NORTH CAROLINA COUNTY OF &10 I1 GI Gt✓ L, \ SOS , a Notary Public for said County and State, do hereby certify that Keith D. Cowell and Gloria H. Cowell personally came before me this day and signed the foregoing instrument. WITNESS my hand and official seal this the 10- day of Ma2010. NOT Y PUBLIC :BAR" ss PR�ED NAME OF NOTARY My Co s-slon.&xpire EAGalnakilenbACONNER W. LLC.WALLACE CONNEMDECLARATION OF R@SIRICTIONS AND COVENAN MREVAS0/-10Am Page 6 of 6