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HomeMy WebLinkAboutSW8970705_CURRENT PERMIT_20140513 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYY MDD NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 15, 2014 Mr. Patrick Matre, Vice President Best Buy Enterprise Services, Inc., Owner Trustee Price Tag Realty Trust 2001-1 7601 Penn Ave. S. Richfield, MN 55423 Subject: State Stormwater Management Permit No. SW8 970706 - Correction Best Buy High Density Subdivision Wet Pond Project New Hanover County Dear Mr. Matre: On May 13, 2014, the Wilmington Regional Office issued a renewal and modification to the State Stormwater Management Permit Application for the Best Buy in New Hanover County. At that time and unbeknownst to the Division, additional information was to be provided on May 14, 2014 regarding the Best Buy permit in response to a request for additional information for the offsite permit application for Lot 2B. The additional information provided requires that the recently issued Best Buy permit to be corrected as follows: 1. The amount of impervious area allocated to lot 2B is being increased slightly such that lot 2B is now allocated 27,281 square feet. 2. The amount of future impervious area available for Best Buy is being reduced slightly from 1,451 square feet to 997 square feet. Staff review of the modified plans and specifications has determined that the project, as proposed, will continue to comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding the corrected Permit No. SW8 970705 dated May 15, 2014, for the construction, operation and maintenance of the BMP's and built-upon area associated with the subject project. Please replace the previously provided permit and associated documents with the corrected versions attached. This permit shall be effective from the date of issuance until February 21, 2023, and shall be 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 changing 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. The following modifications were approved under the permit issued on May 13, 2014: 1. The subdivision of the project area to create a new 1.05 acre outparcel from the Best Buy parcel. The new lot is referred to as Lot 2B. 2. The re-configuration of the impervious area in the parking lot to construct a new access. There is no change in the impervious area. 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 150E 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 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. Division of Energy,Mineral, and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington, North Carolina 28405•(910)796-7215/Fax:(910)350-2004 State StormwatermanagementSystems Permit No. SW8 970705 If you have any questions, or need additional information concerning this matter, please contact Christine Nelson in the Wilmington Regional Office, at (910) 796-7215. Sincerely, ?m Tr?CV-CA avis, P E., Director Division of Energy, Mineral and Land Resources GDS/can: \\\Stormwater\Permits & Projects\1997\970705 HD\2014 05 permit—correction 970705 cc: Mat Trowbridge, The Curry Engineering Group, PLLC New Hanover County Inspections County Engineering Wilmington Regional Office Stormwater File Page 2 of 11 State Stormwater Management Systems Permit No. SW8 970705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Best Buy Enterprise Services, Inc., Owner Trustee under Price Tag Realty Trust 2001-1 Best Buy 307 S. College Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond 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 and considered a part of this permit. This permit shall be effective from the date of issuance until February 21, 2023 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all onsite and offsite built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 215,246 square feet of impervious area. 3. The subdivision is permitted for two outparcels, identified as 1 and 2B, each allowed a maximum of 27,683 and 27,281 square feet of built-upon area, respectively. 4. The maximum built-upon area allowed for the entire subdivision is 215,246 square feet. 5. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the proposed development on the lot is covered by a separate Offsite Stormwater Management Permit. Page 3 of 11 State Stormwater Management Systems Permit No. SW8 970705 6. 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: 8.23 Onsite, ft2: 278,885 Offsite lots, ft2: 79,715 b. Total Impervious Surfaces, ft2: 215,246 Onsite, ft2: 159,285 Onsite Future, ft2: 997 Offsite, ft2: 54,964 C. Pond Design Depth, feet: 4.0 d. TSS removal efficiency: 90% e. Design Storm: 1.0 f. Permanent Pool Elevation, FMSL: 33.33 g. Permitted Surface Area @PP, ft2: 20,948 h. Permitted Temporary Storage Volume, ft3: 17,631 i. Temporary Storage Elevation, FMSL: 34.17 j. Controlling Orifice: 2"0 pipe k. Permanent Pool Volume, ft3 : 44,400 I. Forebay Volume, ft3: 5,254 m. Maximum Fountain Horsepower: 1/6 n. Receiving Stream / River Basin: Bradley Creek / Cape Fear o. Stream Index Number: 18-87-24-2 p. Classification of Water Body: "Sc, HQW" II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater drainage system shown on the approved plans, unless and until the Division has approved of the revised plan. 2. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. 3. 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. 4. 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. Page 4 of 11 State Stormwater Management Systems Permit No. SW8 970705 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 approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built-upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs. e. The construction of any permitted future development areas shown on the approved plans. 6. Prior to the sale 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 of any portion of the property. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. 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. 9. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 10. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of 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. 11. Records of maintenance activities must be kept by the permittee and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 5 of 11 State Stormwater Management Systems Permit No. SW8 970705 12. 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 970705, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built-upon area allocated to each lot is as follows: Lot # Max BUA (sq ft 1 27,683 2B 26,827 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 from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built-upon area in excess of the permitted amount will require a permit modification. i. 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 G.S. 143, Article 21. j. 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 of Energy, Mineral and Land Resources and receive a permit prior to any construction on the lot. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 6 of 11 State Stormwater Management Systems Permit No. SW8 970705 14. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. 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. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/6 horsepower. 15. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division of Energy, Mineral and Land Resources. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS 1. 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including 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; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 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. 3. Any person or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement action as outlined in NCGS 143, Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. Page 7 of 11 State Stormwater Management Systems Permit No. SW8 970705 5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans, specifications, supplement forms, O&M Agreements and calculations for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of these documents on file at all times. 10. 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 as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit corrected, renewed, modified and reissued this the 15th day of May, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 56asv Tracy Da P.E., Director Division of nergy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 970705 Page 8 of 11 State Stormwater Management Systems Permit No. SW8 970705 Master Permit No. SW8 970705 Lot#from Offsite Permit No. Date Issued Offsite Project Name Allocated Proposed Master Permit BUA BUA 1 n/a—approved 1999 /2000 First Union National Bank 27,683 27,683 under SW8 970705 2A SW8 140418 Shops at College Road 26,827 Page 9 of 11 State Stormwater Management Systems Permit No. SW8 970705 Best Buy Page 1 of 2 Stormwater Permit No. SW8 970705 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Page 10 of 11 State Stormwater Management Systems Permit No. SW8 970705 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. 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. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office New Hanover County Building Inspections Page 11 of 11 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 13, 2014 Mr. Patrick Matre, Vice President Best Buy Enterprise Services, Inc., Owner Trustee Price Tag Realty Trust 2001-1 7601 Penn Ave. S. Richfield, MN 55423 Subject: State Stormwater Management Permit No. SW8 970705 Best Buy High Density Subdivision Wet Pond Project New Hanover County Dear Mr. Matre: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for Best Buy on May 6, 2014 and a complete 8 year Stormwater Management Permit Renewal Application on May 12, 2014. Staff review of the modified plans and specifications has determined that the project, as proposed, will continue to comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 970705 dated May 6, 2014, for the construction, operation and maintenance of the BMP's and built-upon area associated with the subject project. This permit shall be modified and renewed effective from the date of issuance until February 21, 2023, and shall be 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 changing 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. The following modifications are included and covered by this permit: 1. The subdivision of the project area to create a new 1.05 acre outparcel from the Best Buy parcel. The new lot is referred to as Lot 2B. 2. The re-configuration of the impervious area in the parking lot to construct a new access. There is no change in the impervious area. 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 filing 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. If you have any questions, or need additional information concerning this matter, please contact Christine Nelson in the Wilmington Regional Office, at (910) 796-7215. Sinc rely, Tracy �PE ,, ctor Division of Energy, Mineral and Land Resources GDS/can: \\\Stormwater\Permits & Projects\1997\970705 HD\2014 05 permit 970705 cc: Mat Trowbridge, The Curry Engineering Group, PLLC New Hanover County Inspections County Engineering Wilmington Regional Office Stormwater File Division of Energy, Mineral,and Land Resources Land Quality Section—Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington,North Carolina 28405-(910)796-7215/Fax:(910)350-2004 State Stormwater Management Systems Permit No. SW8 970705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Best Buy Enterprise Services, Inc., Owner Trustee under Price Tag Realty Trust 2001-1 Best Buy 307 S. College Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond 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 and considered a part of this permit. This permit shall be effective from the date of issuance until February 21, 2023 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all onsite and offsite built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 215,246 square feet of impervious area. 3. The subdivision is permitted for two outparcels, identified as A and 2B, each allowed a maximum of 27,683 and 26,827square feet of built-upon area, respectively. 4. The maximum built-upon area allowed for the entire subdivision is 215,246 square feet. 5. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the proposed development on the lot is covered by a separate Offsite Stormwater Management Permit. Page 2 of 10 State Stormwater Management Systems Permit No. SW8 970705 6. 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: 8.23 Onsite, ft2: 278,885 Offsite lots, ft2: 79,715 b. Total Impervious Surfaces, ft2: 215,246 Onsite, ft2: 159,285 Onsite Future, ft2: 1,451 Offsite, ft2: 54,510 C. Pond Design Depth, feet: 4.0 d. TSS removal efficiency: 90% e. Design Storm: 1.0 f. Permanent Pool Elevation, FMSL: 33.33 g. Permitted Surface Area @I , ft2: 20,948 h. Permitted Temporary Storage Volume, ft3: 17,631 i. Temporary Storage Elevation, FMSL: 34.17 j. Controlling Orifice: 2"0 pipe k. Permanent Pool Volume, ft3 : 44,400 I. Forebay Volume, ft3: 5,254 m. Maximum Fountain Horsepower: 1/6 n. Receiving Stream / River Basin: Bradley Creek / Cape Fear o. Stream Index Number: 18-87-24-2 p. Classification of Water Body: "Sc, HQW" II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater drainage system shown on the approved plans, unless and until the Division has approved of the revised plan. 2. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. 3. 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. 4. 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. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 970705 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 approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built-upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs. e. The construction of any permitted future development areas shown on the approved plans. 6. Prior to the sale 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 of any portion of the property. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. 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. 9. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 10. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of 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. 11. Records of maintenance activities must be kept by the permittee and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 970705 12. 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 970705, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built-upon area allocated to each lot is as follows: Lot# Max BUA (sq ft 1 27,683 2B 26,827 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 from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built-upon area in excess of the permitted amount will require a permit modification. i. 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 G.S. 143, Article 21. j. 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 of Energy, Mineral and Land Resources and receive a permit prior to any construction on the lot. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 970705 14. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. 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. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/6 horsepower. 15. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division of Energy, Mineral and Land Resources. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS 1. 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including 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; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 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. 3. Any person or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement action as outlined in NCGS 143, Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 970705 5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans, specifications, supplement forms, O&M Agreements and calculations for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of these documents on file at all times. 10. 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 as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit renewed, modified and reissued this the 13`h day of May, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Q ®racy vis, P.E , erectorn f Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 970705 Page 7 of 10 State Stormwater Management Systems Permit No. SW8 970705 Master Permit No. SW8 970705 Lot#from Offsite Permit No. Date Issued Offsite Project Name Allocated Proposed Master Permit BUA BUA 1 n/a—approved 1999/2000 First Union National Bank 27,683 27,683 under SW8 970705 2A SW8 140418 Shops at College Road 26,827 Page 8 of 10 State Stormwater Management Systems Permit No. SW8 970705 Best Buy Page 1 of 2 Stormwater Permit No. SW8 970705 New Hanover County Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification: Noted deviations from approved plans and specifications: SEAL Signature Registration Number. Date Page 9 of 10 State Stormwater Management Systems Permit No. SW8 970705 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. 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. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office New Hanover County Building Inspections Page 10 of 10 DEMLR USG ONLY Date Received I 'ee Pai Permit Numbcr 5 Ar a� I Lio State of North Carolina Department of Environment and Natural Resources Division of Energy Mineral and Land Resources (NCDENR DEMLR) STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM _ This fornr may be photocopied for use as an or girml _ This'form is to be completed by the current permit holder pursuant to Title 15A NCAC 2H.1003 IN (2).This states that stormwater management permits, issued for projects that require the construction of engineered stormwate control measures (High Density Permits), shall be required to submit an application to renew the permit 180 days prior to expiration of the permit. Renewed permits are valid for a period 2f_8 y_ 398 LB 781)_Sect4on 60. (c)1 I. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the NorV:Faro ' epar meet of Environment and Natural Resources(NCDENR) Division of Energy Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DEMLR Regional Office. (The appropriate office may be found by clicking on the interactive online map at htto://portal.ncdenr.org/web/guest/regional-offices. Copies of the original permit can be obtained from the Regional Office of the Division of Energy, Mineral and Land Resources.) This Renewal is for STORMWATER PERMIT#: SW 8 970705 Please check which of the following permit renewal scenarios apply. Initial in the spaces provided that you have provided the required information. ❑ A. Renewal Only: -$505 fee -Renewal Form -Sign and complete all sections (send original & 1 copy) -Recorded Documents Required By Permit: Deed restrictions, covenants, condominium/planned community declaration& easements(if not already submitted to NCDENR DEMLR). Copies are acceptable. -Designer's Certification (if required by permit and not already received by NCDENR DEMLR) (See the last page of your permit for a copy of the certification form.) -1 Have a Copy of the Current Operation and Maintenance Agreement (O&M): Please Keep this on File with your permit. -1 Do Not Have a Copy of the Current O&M: Initial This Line to Request a copy. (If NCDENR DEMLR does not have a copy on file, then you will be notified to submit a nezo O&M form.) ® B. Renewal and Modification: -$505 Fee and Pages I &2 of this Renewal Form -SWU-101 Application Form (ham://portal.?uderu'.orti/meb/zoq/zas/sn/stateszv/,fm-nis dots) -Recorded Documents Required By Permit:Deed restrictions, covenants, condominium/planned community declaration&easements (if not already submitted to NCDENR DEMLR). Copies are acceptable. N/ - Under #11. 1.on SWU-101 Application Form --Check Box for Modification w/Renewal -Designer's Certification(if required by permit and not already received by NCDENR DEMLR) (See the last page of your permit for a copy of the certification form. -O&M Agreement(tit p://portal.ucdenr.orQ/zueb/wq/urs/su/brnp-manunl) Fomi SWU-102 (Renewal Form) Rev. Oct.31, 2013 Page I of ❑ C.-Renewal-and Either: 1.) Permit Transfer to a New Permittee, or 2.) Project Name Change: Please submit all items in LA, and: Keques;a NCDENR DEMLR site inspection if transferring permit to new property owner. Submit One of the Two Following Forms below (forms available at htto://12ortal.iicdeiir.org/web/Ir/state- stormwater-forms does). 1. NOA Name/Ownership Change Form: For planned communities(per Chapter 47C or Chapter 47F of the General Statutes) 2. N_ame/_Ownership_Change Form: For all other transfers Please make sure all required information is submitted with the Name/Ownership Change form (as stated in each of the available forms) and that alhrequired signatures and initials are filled in properly. �:�n___ _ _ Otherwise the name change or transfer can not be processed and the original owner will remain as the permit holder,___ _ _ ___ ❑ D. Renewal. Modification, and Transfer(or Name Change): Please submit pages 1 and 2 of this Renewal form along with all items listed in 1. B. and C.above (check this box and initial items in B. &C.that you are submitting to NCDENR DEMLR). II. APPLICANT'S CERTIFICATION Note:The legally responsible party is the current permittee and/or the legally responsible representative until such time that the permit is officially transferred through a request to DEMLR by the permittee. 1, (print or type nmue of Permittee or person legally responsible for the permit)Pat Matre-- VP-Real Estate for Best Bail Enterprise Services Inc. a Minnesota corporation not individually, but Seely as the Omner Trustee under Price Tag Realttv Trust 2001-1 certify that I have a copy of the DEMLR Approved Permit and O&M Agreement on-site(OR I have obtained a copy from DEMLR 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. I agree to notify DEMLR of any problems with the system and prior to any changes to the system or changes in ownership I will (or have through this renewal application)notify NCDENR DEMLR and submit the proper forms to modify or transfer the permit. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Permittee Title: Vice President Address: 7601 Penn Avenue South Ric 'eld MN 55423 Phone:612-291-3 II� y Signature: Date: it NOTARIZATION: 1, fi �� ` �� 5 a Notaublic for the State of ey1 AL/ Countv of H ca LAP• do hereby certify that �( er nlj-{ personally appeared before me this day of and acknowledge the due execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official seal, My commission expires: .i Notary Signature: Date: SEAL 114 =.JAN er JanesEGeIVE INNESOTA GSION31,2015SAY , 20 Fonn SWU-102(Renewal Form) Rev. Oct.31,2013 Paoe 2 of4 BY' Permit No.`gjggr7V 701 40 -` (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: BEST BUY Contact Person: KATHERINE MARSHAL, PE Phone Number: ( 757 ) 456-2915;". .For projects with muliiple basins, specify which basin this worksheet applies to: elevations 29.h 33 , Basin Bottom Elevation ft. (floor of the basin) , Permanent Pool Elevation 33.33 ft. (elevation of the orifice) Temporary Pool Elevation 34. 17 ft. (elevation of the discharge structure,overflow) areas Permanent Pool Surface Area 20,948 so. ft. (water surface area at the orifice elevation) Drainage Area 8.23 ac. (on-site and off-site drainage to the,basin), Impervious Area 4.9�4 ac. (on-site and off-site drainage to the basin) volumes „ Permanent Pool Volume 44,400 cu. ft. (combined volume of train basin and forebay) Temporary Pool Volume 17,631 cu. ft. (volume detained above the permanent pool) Forebay Volume _5,254 cu. ft:, (approximately•20%"of total volume) Other parameters SA/DA1 5.546 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2 in. (2 to 5 day temporary pool draw-down required) Design Rainfall I in. Design TSS Removal 2 90 % (minimum 85% required) FormSWU-102 Rev3.99 Page i of 4 Footnotes: 2 I 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 BMP manual provides design tables for both 85%TSS removal and 90%TSS removal. H. REQUIRED ITENIS 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 dvR �QJa. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). J•a lWh b. The forebay volume is approximately equal to 20% of theme volume:�e...pp•..y po• I .lvR c. The temporary pool controls runoff from the design storm event. Jva d. The temporary pool draws down in 2 to 5 days. NA e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow calculations) Jvp. ]KX0 f. The basin length to width ratio is greater than 3:1. a va; Jj g. The basin side slopes above the permanent pool are no steeper than 3:1. 4lJ, h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). xCJh i. Vegetative cover above the permanent pool elevation is specified. `t7A j. A trash rack or similar device is provided for both the overflow and orifice. i / A k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. * AIA 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. JAd ' in. A mechanism is specified which will drain the basin for maintenance or an emergency. Pw0( w:ll bt j)"Mpoo( 0/060, �f H«rCfw.y . Rcdrr.l pm. ,f ie .<�'w;- 0^01 ....:.for . e.'QY* 7, pe.,d 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 6 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 6 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After 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_2 0 feet in the main pond, the sediment shall be removed. When the permanent pool depth,reads F 5""`feet-irrtheforebay, the sediment shall be removed. - s pip? !. Vr+ArlW1 i Y r,1}cJ 11U3Uiv.' 26:;.tC .... y.. a`I'?t ,.,._......•. BASIN'DI'AGRAb1 (fill in the blanks) Permanent Pool Elevation 33.33 Sediment ReEleation l. 30.83 75 2 ----------- -- Sed ment Removal Elevation 30• 3/ 75%Bottom 30.0 % --------------------------------------------- - Bottom Elevation 29 A533 25% FOREBAY 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 forebay 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 ordek- 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:_ _ ?Mlwlc4- /�. vL/M-'V-- PATRICK R. MATRE Title: 1-/ 02 VICE PRESIDENT OF BBC PROPERTY CO. GENERAL PARTNER Address: -70-7-6- r/-.�Iw-k- /sll-�,; Phone: �li Signature: �4 1,el I ffor Date: 10 1 Z/, 00 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, . a Notary Public for the State of County of ' Imo" do hereby certify that }T')g4'C.�. personally appeared before me this Q! day of 2060, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ANGELA M.SEURER NOTARY PUBLIC-MINNESOTA U SUEUR COUNTY My Comm.Expires Jan 31,2005 SEAL My commission expires���(y,.� Form SWU-102 Rev 3.99 Page 4 of 4 High Density Commercial Subdivisions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a built-upon area consistent with the design criteria used to size the stormwater control facility. I, Pat Matre , 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 Best Buy 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8-970705 , 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. 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_N/A square feet. *Note: If the BUA per lot varies, please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot: The maximum built-upon area per lot, in square feet, is as listed below: Lot# BUA Lot # BUA Lot# BUA Lot # BUA 1 27.683 2a 160,282 2b 27,281 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. 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 construction. 9. The project and each lot 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. EC E I V E MAY 14 2014 Form DRPC-1 Rev.2 05Nov2009 Page 1 of 2 BY. High Density Commercial Subdivisions Deed Restrictiions & Protective Convenances Signatures crl�-;0/' 11A� Date: c '6 I, a Notary Public in the State of P14 County of 't .— , do hereby certify that 1� r���� ✓lam 3�%, aft.-& -sper`sonally appeared before me this the 16 day of Ycw r-4 20 / , and acknowledge the due executionp-14 th `fo goi g instrument. Witness my hand and official seal, SEAL Signature Frank Alexander Janes M Commission expires I /3� NOTARY PUBLIC MINNESOTA y P � MY COMMISSION EXPIRES JAN.31,2015 nnnnnnnnnMl� ECC9V9E APR 2 8 2014 Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2 BY. �dr . II�4008722 iFCRYTRRT �REll1EY OF OEMNEy �NpyER CCUNTY� NC Hill APR 11 11:11.23 AM Prepared by. BK:5807 P6:2368-2408 FEE•$126 00 Steven A.Schumeister,Esq. I �1 Robins, Kaplan, Miller&Clresi L L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis,MN 55402-2015 Return to: First American Title-NCS 201 S.College Street,Suite 1500 Charlotte, NC 28244 File Ref:619052NC DECLARATION OF EASEMENTS,COVENTANTS AND RESTRICTIONS Dated:A P r 11 82014 By, Best Buy Enterpnse Services, Inc., a Minnesota corporation (Declarant) ECEIVE -} APR 2 8 20% ��x^,,. 'rJ F'pinK BY:---------- }ki J AFTER RECORDING,RETURN TO: Steven A.Schumeister,Esq. Robins,Kaplan,Miller& Ciresi L.L.P. 2800 LaSalle Phna 800 LaSWk Avenue Minneapolis,MN 55402-2015 After Recording Return To: First American Title Insurance Company 201 S.College Street Suite 1500 Charlotte,NC 28244 NC5-LIApSZNc DECLARATION OF EASEMENTS,COVENANTS AND RESTRICTIONS TIES DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS ("Declaration") is made as of the '38 day of April 2014, by Best Buy Enterprise Services, Inc., a Minnesota corporation not individually, but solely as the Owner Trustee under Price Tag Realty Trust 2001-1 (hereafter called"Declarant"). RECITALS A. Declarant is the owner of certain real property consisting of approximately 7.79 acres located at 309 S. College Road in Wilmington,NC more particularly described following a lot division as Lot 2A, as shown on TF College and New Center Tract Division of Lot 2,New Hanover County, North Carolina ("Parcel I") and Lot 2A , as shown on TF College and New Center Tract Division of Lot 2, New Hanover County,North Carolina ("Parcel 2")(collectively the "Property"), as illustrated on Exhibit "A" attached hereto and made a part hereof(the "Site Plan"). B. Declarant is the operator of a retail store on the certain real property,consisting of approximately 6.66 acres located at 309 S. College Road, Wilmington, NC, together with improvements located thereon, located on Parcel 2. C. Declarant is, on or about the date hereof, conveying Parcel 1 to PHD@College, LLC,a Florida limited liability company ("PHD') D Subject to the limitations set forth in this Declaration,Declarant desires to subject Parcel 1 to the covenants, conditions and restrictions set forth herein, and to establish the rights and easement as set forth in this Declaration, for the benefit of Declarant and any owner of Parcel 2 844078795 1 have the right to provide notice and opportunity to cure, and thereafter to perform such work, as provided in Section 4 hereof. 2. Construction and Development on Parcel 1 Declarant approves the Site Plan attached as Exhibit A. No Building on Parcel I shall be constructed outside of the building envelope ("Building Footprint Area shown on Exhibit A. For purposes of this Declaration, `Building" shall not include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions. The Building to be constructed within the Building Footprint Area shall be subject to the following restrictions- (a) The maximum gross Building Footprint Area shall not exceed 8,500 square feet (b) The Building shall not exceed one (1) story or twenty-four (24) feet in height (excluding parapets, wedge or similar aesthetic, non-structural elements) (c) Parking on Parcel I shall be self-contained and signage shall at a minimum satisfy. the standards and requirements of the City of Wilmington,NC. (d) PHD's proposed development plans for Parcel I described on Exhibit B attached hereto are approved, either singly or combined. The final elevation of the Building may change to increase aesthetic appeal and/or functionality without the need for Declarant consent; provided, that notwithstanding the foregoing, no material height, width or elevation changes will occur to the Building, the side and rear elevations of the building not shown on Exhibit B utilize the same exterior materials and glass, and no material changes shall be made to the Site Plan without the prior written consent of the Declarant.For any consent required under this subparagraph, the failure of the Declarant to respond to a written request for approval or consent within thirty (30) days after receipt shall be deemed approval provided the Owner of Parcel I includes in the written request the following: "THE FAILURE TO RESPOND TO THIS REQUEST FOR APPROVAL WITHIN THIRTY (30) DAYS OF RECEIPT SHALL BE DEEMED APPROVAL"; provided further that such consent shall be deemed approval only of the design illustrated in the proposed plans and shall not be deemed approval to deviate or obtain relief from any other provision of this Declaration. No exterior construction or site work(except landscaping)shall be permitted to occur on Parcel 1 between the dates shown below, except to the extent reasonably required for emergency repairs to prevent injury to persons or property: no exterior scaffolding may be utilized, and no exterior construction (it being agreed that interior construction may occur) grading or site work (except landscaping)may occur during the period of Thanksgiving Day to the Monday following 8W7879 5 4