SW8981033_HISTORICAL FILE_20090317

STORMWATER DIVISION CODING SHEET
POST—CONSTRUCTION PERMITS
PERMIT NO. SW8 °18 10 33
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 200c� U31)
YYYYMMDD

Fill
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
March 17, 2009
Mr. Larry Alderson
Monkey Business Partners
3722 Shipyard Blvd.
Wilmington, NC 28403
Subject: State Stormwater Management Permit No. SW8 981033 Renewal
Buffalo Wild Wings
High Density Commercial Wet Detention Pond Project
New Hanover County
Dear Mr. Alderson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Buffalo Wild Wings on December 17, 2008, Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. Therefore SW8 981033 has been renewed on March 17, 2009 and shall be effective from the
date of issuance until January 4, 2019.
This permit shall be subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in future
compliance problems.
The re-issuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit.
The plans previously approved on January 4, 1999 remain in full force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact David
Cox, or me at [phone].
Sincerely,
Georgette S tt
Stormwater Supervisor
Division of Water Quality
GDS/dwc: S:\WQS\STORMWATER\PERMIT\981033ren.mar09
cc:
David Cox Central Files
Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 1�rOne
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�OIrtr 1.l C aroll na
Internet:vnw+.ncwaterquality.org �1���Nry���
An Equal Opportunity)Affirmative Action Employer lx/�/ Lfs

• State Stormwater Management Systems
Permit No. SW8 981033 Renewal
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Larry Alderson & Monkey Business Partners
Buffalo Wild Wings
5533 Carolina Beach Rd., New Hanover County
FOR THE
construction, operation and maintenance of 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 of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 4, 2019, 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 1.7 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 38,207 square feet of
impervious area.
3. The tract will be limited to the amount of built-upon area indicated on page 3 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.
5. The runoff from all built-upon area within the permitted drainage area(s) of this
project must be directed into the permitted stormwater control system.
6. The following design criteria have been provided in the wet detention pond and
must be maintained at design condition:
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 981033 Renewal
a. Drainage Area, 9cres: 1.25
Onsite, ft : 54,450
Offsite, ft2: N/A
b. Total Impervious Surfaces, ft2: 38,207
C. Design Storm, inches: 1"
d. Average Pond Design Depth, feet: 4
e. TSS removal efficiency: 90%
f. Permanent Pool Elevation, FMSl : 27.5
g. Permanent Pool Surface Areq, ft : 3,536
h. Permitted Storage Volume, ft : 6,190attemporarypoolel
i. Temporary Storage Elevation, FMSL: 29
j. Controlling Orifice: 1.25"0 pipe
k. Permitted Forebay Volume, ft3: 1,433
I. Fountain Horsepower, HP N/A(N/A if PPV <30000 cf)
M. Receiving Stream/River Basin: Motts Creek / Cape Fear
n. Stream Index Number: 18-82
o. Classification of Water Body: "C Sw"
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 time 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 re-vegetation 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.
g. 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 DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become void unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. 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 5

State Stormwater Management Systems
Permit No. SW8 981033 Renewal
7. 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.
8. Access to the stormwater facilities for inspection and maintenance shall be
maintained via appropriate recorded easements at all times.
9. 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 any item shown on the approved plans, including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further development, subdivision, acquisition, lease 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.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. Prior to the construction of any permitted future areas shown on the approved
plans, the permittee shall submit final site layout and grading plans to the
Division for approval.
11 . A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
12. 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.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event of a change of ownership, or a name
change, the permittee must submit a completed Name/Ownership Change Form
signed by both parties, to the Division of Water Quality, accompanied by the
supporting documentation as listed on page 2 of the form. The approval of this
request will be considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request. Neither the sale of the
project nor the transfer of common area to a third party constitutes an approved
transfer of the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 981033 Renewal
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit remains in force and effect until modified, revoked, terminated or
renewed. 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 and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The permittee shall notify the Division of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
11. The permittee shall submit a permit renewal request 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 issued this the 17t' day of March, 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
4or oleen . Sullins, erector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

DWQ USE ONLY
Date Received Fee Paid Permit Number
ox oo03
A ti—f-m-�" sk,® 4 State of North Carolina
t ; `?°` Department of Environment and Natural Resources
.m
Division of Water Quality w
STORMWATER MANAGEMENT PERMIT APPLICA *�
This form may be photocopied for use as an original DEC 1 7 2008
1. GENERAL INFORMATION BY:
1. Applic,awtlis name (speccjfy the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Official's name an title (person legally responsible for facility and compliance):
��1?�25o/J _
3. Mailing Address for person listed in item 2 above:
3 a-a- 4nl l p yifpt , 1ST SvtTz
City: UJ11-{y//YJ max/ State:_/ Zip:
Phone: (qI6 Fax: f 1
Email:
4. Project Name (subdivision,facility, or establishment name-should be consistent with project name on plans,
specifications,letters, operation and maintenance agreements, etc.):
w, �T o hl dwy , kk�l
urt��r-tv.y
5. Location of Project(street address):
County:_
6. Directions to project (from nearest major intersection):
k 2d oVA � t+� ► �l f�/L�fGT/G .�
6 � Ir
7. Latitude: ;j�•� Longitude:_ ___ 53 31 0- 1 W of project
8. Contact person who can answer questions about the project: Q
Name: Telephone Number:
Emai . JorhGtlP� rWl� —b(111C �(j• /Or
IL PERMIT INFORMATION: 1vJ
1. Specify whether project is (check one): ❑New enewal ❑Modification
Form SWIJ-101 Version 8,07 Page I of 4

2. ',If this application is being submitted as the result of a renewal or modification to an existing perm t, list the
existing permit number S l gi /0�n, and its issue date (if known) Jay, '.r/(1"
specify the type of project(check one):
❑Low Density [jIigh Density ❑Redevelop []General Permit []Universal SMP ❑Other
4. Additional Project Requirements (check applicable blanks):
❑LAMA Major ZSedimentation/Erosion Control ❑404/401 Permit ❑NPDFS Stormwa ter
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
6mwK w►9 re& i S #}S 15 op o y f
Awtayth 6 y rk r L .5 !3fC ,y4
TffI S /s t} a jr,�Nok6f 116 V Y/-, ! n/76 �d-x ' 6 AUT OND
2. Stormwater runoff from ��m this project drains to the kver basin.
3. Total Site Area: ka ; acres 4. Total Wetlands Area: acres
5. 100'Wide Strip of Wetland Area: AA acres (not applicable if no wetlands exist on site) n
6, Total Project Area": , 5 acres 7. Project Built Upon Area: 7I
8. How many drainage areas does the project have?
9. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area I Drainage Area 2
Receiving Stream Name4t,L46 f
Stream Class &Index No. 5 C
Drainage Area (sf) 5 U gF
Existing Impervious"Area (sf)
Proposed Impervious'Area (sf) 38 5
%Impervious'Area (total) ,1-
Impervious"Surface Area Drainage Area I Drainage Area 2
On-site Buildings (sf) 40,
r
On-site Streets (sf)
On-site Parkuig (sf) S r
On-site Sidewalks (sf) S f
Other on-site (sf)
Off-site (sf)
Total (sf):
Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks,gravel areas,etc.
"Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area
percentage calculation.
Form SWU-101 Version 8.07 Page 2 of 4

10. How was the off-site impervious area listed above derived?_ 0
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions,
outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot
number, size and the allowable built-upon area for each lot must be provided as an attachment.
Form DRPC-1 High Density Commercial Subdivisions
Form DRPC-2 High Density Developments with Outparcels
Form DRPC-3 High Density Residential Subdivisions
Form DRPC-4 Low Density Commercial Subdivisions
Form DRPC-5 Low Density Residential Subdivisions
Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets
By your signature below,you certify that the recorded deed restrictions and protective covenants for this
project shall include all the applicable items required in the above form, that the covenants will be binding
on all parties and persons claiming under them, that they will run with the land,that the required covenants
cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the
sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SW401-Low Density Low Density Supplement
Form SW401-Curb Outlet System Curb Outlet System Supplement
Form SW401-Off-Site System Off-Site System Supplement
Form SW401-Wet Detention Basin Wet Detention Basin Supplement
Form SW401-Infiltration Basin Infiltration Basin Supplement
Form SW40 1-In filtration Trench Underground Infiltration Trench Supplement
Form SW401-Bioretention Cell Bioretention Cell Supplement
Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Form SW401-Wetland Constructed Wetland Supplement
Form SW401-Grassed Swale Grassed Swale Supplement
Form SW401-Sand Filter Sand Filter Supplement
Form SVTU-101 Version 8.07 Page 3 of 4

N 54usMITTAL REQUIREMENTS
r.:
IYC complete application packages will be accepted and reviewed by the Division of Watei Quality(DWQ).
complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive online map at htto://h2o.enr.state.nc.ustsu/msi maps.htm)
1. Please indicate that you have provided the following required 'information by initialing in the space provided
next to each item..
Initials
Original and one copy of the Stormwater Management Perm t Application Form
• Original and one copy of the Deed Restrictions &Protective Covenants Form _
• Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP
• Permit application processing fee of$505 ($4,000 for Express)payable to NCD ENR
• Calculations&detailed narrative description of stormwater treatment/management
• Copy of any applicable soil report
_..-
• Three copies of plans and specifications (sealed, signed & dated),including:
- Development/Project name
- Engineer and firm
- Legend
-North arrow
-Scale
-Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
- Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads, drainage features,collection systems, and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
- Existing drainage(including off-site),,drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): J &Z, Z45-M Al t-
Mailing Address: 1,9 7- CC i m em m n�. fT 1 5,0 4V I
,�
City: 1N—��<� Ta Y� 6 State:_. f� Zip: �-_/ -03
Phone: 1 �rd ) L/ 31 �f(j Fax: .(��O
Email: - Iva.4a We ba dJ.Ilat.�`f ,,�owi
VLII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) C
certify that the information included on tl- s permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .100D.
Signature: 00,
Date: 0
��7F�.YtA'F�13
Form SWU-101 Version 8.07 Page 4.p N 1 3 2009
BY:

Certification Requirements:
'Vxo wi onNtwJ af��rz
U
_1. The drainage area to the system contains approximately the permitted
acreage.
�22. The drainage area to the system contains no more than the permitted
amount of built-upon area.
,3-3. 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-
7T_ circuiting of the system.
11 . The permitted amounts of surface area and/or volume have been
provided.
q 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,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
County Building Inspections

Compliance Inspection Report
Permit: SW8981033 Effective: 01/04/99 Expiration: Owner: Monkey Business Properties
Project: Buffalo Wild Wings
County: New Hanover 3722 Shipyard Blvd
Region: Wilmington Ste F
Wilmington NC 28403
Contact Person: Larry Alderson Title: President Phone: [phone]
Directions to Project:
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas:
On-Site Representative(s):
Related Permits:
Inspection Date: 03/12/2009 Entry Time: 04:00 PM Exit Time: 04:30 PM
Primary Inspector: David W Cox Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
®State Stormwater
(See attachment summary)
Page: 1

Permit:SW8981033 Owner-Project:Monkey Business Properties
Inspection Date: 03/12/2009 Inspection Type: Stormwater Reason for Visit: Follow-up
Inspection Summary:
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWO ❑ ❑ ❑ ■
upon request?
Comment:
Page: 2

HALE BUILDING COMPANY, LLC LETTER OF TRANSMITTAL
107 Cinema Drive • Suite 103
Wilmington, North Carolina 28403
[phone] Date 20/Jan/09 Hale ProjectNo.
FAX[phone]
Attention: David Cox
TO: NCDENR RE: Storm Water Renewal Permit
Attn; David Cox 5533 Carolina Beach Rd.
ttz�1G
VIA:
JAN 2 0 2009
h
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑Spec ifications
❑ Copy of letter ❑Change Order
Copies Date No. Description
I 16/Jan/09 Executed "Permit Name/Ownership Change Form"
'THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
® For your use ❑ Approved as noted ❑ Submit_copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return_corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS :
David, I will let you know when we have the 3 items you told me about on you NOV. If there is anything else you need, please
let me know.
COPY TO File
SIGNED:
If enclosures are not as noted,kindly notify us at once.

! :SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON I"EUVERY
1 ■ Complete items 1,2,and 3.Also complete A. SI tune
a
1 kem 4 if Restricted Delivery is desired. ❑ ant
i ■ Print your name and address on the reverse X Addressee
so that we can return the card to you. B, eogl d by( rin Nam) C. Date of Delivery
■ Attach this card to the back of the mailplec_e,
or on the front if space permits. ,
D. Is delivery address different from Rem 17 ❑Yes
1/. /Article Addressed[o: ,;:,, If YES,enter delivery address below: ❑No
G'il�lSLr/ 4 /l Alta//niSFS
3. Se Ice Type
) gpentfled Mail ❑Express Mail
14 G ❑Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(F-dra Fee) ❑Yes
j 2. Anicles
(Hrolder from service IabeQ 7.008 1140 0002 9561 9920
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G PS Form 3811,February 20D4 Domestic Return Receipt 102e95-02-M-1540i
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�QF W A7- Beverly laves Perdue,Governor
Dee Freeman,Secretary
CO r North Carolina Department of Environment and Natural Resources
Y Coleen H.Sullins Director
Division of Water Quality
January 13, 2009
NOV —2008-PC-0867
CERTIFIED MAIL #7007 1140 0002 9561 9920
RETURN RECEIPT REQUESTED
Mr. William Hammonds, President
CMSW Enterprises, LLC
PO Box 1487
Kernersville, NC 27285
Subject: NOTICE OF VIOLATION
Desperado's Steakhouse and Saloon
Stormwater Permit No. SW8 981033
New Hanover County
Dear Mr. Hammonds:
On January 8, 2009, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at 5533 Carolina Beach Rd. in, New Hanover County,
North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 981033, issued to you on January 4, 1999.
The project has been found in violation of Stormwater Permit Number SW8 981033 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to properly maintain a wet detention ,pond. The inspection revealed that
the forebay berm has failed and the orifice has been damaged. At all times, the
permittee shall provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency. As stated in the
permit, 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.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, upon 30 days of receipt of this o.e
Notice. No)Ihcarolina
Aalurally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Internet: www.newalurquality ore Fax [phone]
An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper

January 13, 2009
Desperado's
Stormwater Permit No. SW8 981033
1. Repair the forebay berm back to permitted condition. Also verify that the
material from the blown forebay berm has not compromised the storage
depth of the holding pond.
2. Reinstall the properly sized orifice.
Failure to provide the "Plan of Action" by 30 days upon receipt of this letter, or to correct
the violations by the date designated in the "Plan of Action", are considered violations of
15A NCAC 2H.1000, and may result in the initiation of enforcement action which may
include recommendations for the assessment of civil penalties, pursuant to NCGS 143-
215.6A.
If you have any questions concerning this matter, please call David Cox at (910)-796-
7318
Sincerely,
"Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GS\dwc: S:\WQS\STORMWATER\NOTICE\981033.jan08
cc: Phillip Tripp
John Hennessey
CD"avid_Co-zZ)—:�
Central Files
Larry Alderson
I
Page 2 of 2

Compliance Inspection Report
Permit: SW8981033 Effective: 01/04/99 Expiration: Owner: Monkey Business Properties
Project: Buffalo Wild Wings
County: New Hanover 3722 Shipyard Blvd
Region: Wilmington Ste F
Wilmington NC 28403
Contact Person: Larry Alderson Title: President Phone: [phone]
Directions to Project:
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas:
On-Site Representative(s):
Related Permits:
I
Inspection Date: 01/08/2009 Entry Time: 09:45 AM Exit Time: 10:05 AM
Primary Inspector: David W Cox Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant IN Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit:SW8981033 Owner•Project:Monkey Business Properties
Inspection Date: 01/08/2009 Inspection Type:Stormwater Reason for Visit:Routine
Inspection Summary:
1. Repair the damaged orifice.
2. Repair the blown forebay.
3. Due to the small size of the detention pond please verify that the blown out forebay berm has not compromised the
depth of the holding pond. The amount of sediment deposition should not exceed one foot.
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: 1. The orifice located at the outlet structure is damaged.
2. The forebay berm has been washed out and deposited in t he holding pond.
Page: 2

Ur ..may Michael F.Easley,Governor
4j y William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
. � y
-• �.�c .i Coleen H.Sullins Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SVY69b 1033
2. Permit Holder's Name: 'C YISVY En e r)Kis-es, L�rC� , 1 1-
3. Signing official's Name: V VI I II(,�,y'Yl fl(xmmQ�itle: h� ?_S'I ,ter*
(per�gnlegally r actrisib a for permit)
4. Mailing Address: T• �• Y�(�K ��F137
City: I�P.Vf')Z4syi I le, State: NCi zip: Z-7Z
Phone: -04' E15- &C04 Fax: 0A7 5q5 5q99
II. NEW OWNER / PROJECT / ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
✓ a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
✓ b. Name change of project (Please complete Item #5 below)
✓ C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: ManLzq - ,{SIB WQ v-
3. New owner's signing official's name and title: LQXV V AldeXSon
er
Title: I'► (?5I0G-)�
4. New \ il
Mailing Address: 3-722. Sh)puard EI A , S t
City: V Y d Mng- fo n State: UC., zip: 2 5405
Phone: AID) 5)2 - b0e(G f I Fax: ( ),I 1n�
5. New Project Name to be placed on permit: (ttGl� VYI ��
Page 1 of 2
No�yhCarolina
Aatura!/y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office intemet www.ncwateraualitvorg Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

PERMIT NAME/OWNERSHIP CHANGE FORM
HIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification,Jf required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:I, Wi li m HO rnmyrJ b attest that this application for a name/ownership
change has been reviewed and is accurate and complete. to the best. of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application- package will be
retuned as.incomplete. :_
Signature: �� 4„Z.�,,, Date: At la
NewtA Ap'ppllicant's:C' ertiffcation: (Must be completed for all transfers of ownership)
L I, r N1da-r9or) , attest. that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting inforrrAtion and attachments are not included, this application package will be
returned as inco
Signature: Date: 4 i
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Page 2 of 2

�OF W A TF9Q MichaelF.Easley,Governor
\11 (I William G.Ross Jr.,secretary
CO r North Carolina Department of Environment and Natural Resources
> y
Alan W.Klimek,P.E.Director
Division of Water Quality
September 8, 2008
Mr. William Hammonds, President
CMSW Enterprises, LLC
P. O. Box 1487
Kemersville, NC 27285
Subject: Stormwater Permit No. SW8981033
Desperado's Steakhouse and Saloon
New Hanover County
Dear Mr. Hammonds:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8981033
to CMSW Enterprises for a High Density Stormwater Project on January 4, 1999. This permit expires
on January 4, 2009. Section .1003(h)of 15 A NCAC 2H .1000 (the stofmwater rules) requires that
applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must
be accompanied by a processing fee, which is currently set at$505.00. If this is still an active project
please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit
rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a
form for change of ownership, which should be completed and submitted if the property has changed
hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee, Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day.
If you have any questions, please feel free to contact us at 910-796-7215.
Sincerely,
.C-e .scl:s-�
Georgette Scott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
North Carolina Division of Water Quality Internet %AAiv.ncvatemualitv,ore One
127 Cardinal drive Extension Phone[phone] N Carolina
Wilmington,NC 29403 Fax [phone] Atl alllf

VED
MAY 0 8 2001
BY.
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone] nl v
LETTER OF TRANSMITTAL O
Job No. �t !To: �t Date: �05_(2) p-0I
Attention: .1 V o if-, Lu. /- -l(�/) Subject: ! l �-C(d 63 khzu'u_
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: (ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Copies Item No. Description
These are transmitted as checked below:
( ) For Approval ( ) For Your Use ( ) Sign & Return ( ) Review
Remarks:
cc:
Signed:�1 & 1