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HomeMy WebLinkAboutSW8060740_Historical File_20061031 N Ar Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality October 31, 2006 Mr. Timothy J. Walker, Vice President 701 East Bay, Inc., General Partner Port City Limited Partnership 201 North Front Street, Suite 314 Wilmington, NC 28401 Subject: Stormwater Management Permit Correction Myrtle Grove Village Shopping Center Stormwater Project No. SW8 060740 New Hanover County Dear Mr. Walker: The Wilmington Regional Office issued Stormwater Management Permit No. SW8 060740, dated October 16, 2006, for development at Myrtle Grove Village Shopping Center. This correction will allow impervious surfaces to be constructed before the new ponds are completed provided that the built-upon area does not exceed what currently exists and is being treated by the present stormwater management system (765,180 square feet). Construction is scheduled to begin on the new Pond #1 and new Pond #2 on November 15, 2006 and January 16, 2007, respectively. Please replace Page 4 of the permit with the attached, corrected page. The corrections listed above do not impact the approved plans or permitted stormwater control system. If you have any questions, please do not hesitate to call Paul Bartlett or me at (910) 796-7215.. Sinc y, gL Edward Beck Regional Supervisor Surface Water Protection Section ENB1ptb: S:IWQS\STORMWATER\PERMIT120061060740Corr.oct06 cc: Robert P. Balland, P.E., Paramounte Engineering, Inc. Tony Roberts, New Hanover County Inspections Beth Wetherili, New Hanover County Engineering Paul T. Bartlett, P.E. Wilmington regional Office Central Files N?0°atu Cral(Iaro' a North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper State Stormwater Management Systems Permit No. SW8 060740 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. Construction of impervious surfaces can begin prior to installation of the new Ponds#1 and #2 provided that the built-upon area does not exceed what currently exists and is being treated by the present stormwater management system (765,180 square feet). The proposed stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any additional built-upon surface in excess of 765,180 square feet. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 060740, as issued by the Division of Water Quality 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per Outparcel is 33715, 19994, and 397136 square feet of built-upon area for Outparcel A, Outparcel B, and the Home Depot Outparcel, respectively. 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. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built-upon area due to CAMA regulations. h. All runoff from built upon area on the lot must drain into the permitted system.This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built-upon area in excess of the permitted amount will require a permit modification. Page 4 of 8 .G >_ r i n', aoss.fr. i2drrt.^,ri :,a:ir,yanme _ I:rwi,rontreuz .;\fl:�Ta Kcsot:rccs U • :b:W.Kli:r<k P L.D:rcefur 17^�s.on of Water Quu!ir✓ i October 16, 200E Mr. Timothy J. Wafter, Vice President 701 East Bay, Inc., General Partner �` i Port City Limited Partnership 201 N. Front street, Suite 314 FR — Wilmington, NC 28401 Subject: Stormwater Permit No. SW8 060740 1.8(AM Myrtle Grove Village Shopping Center High-Density Subdivision Project New Hanover County Dear Mr. Walter: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Myrtle Grove Village Shopping Center on October 16, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations sot forth in Title 15A NCAC 2H,1000. We are forwarding Permit No. SWB 060740, dated October 16, 2006, for the Construction of the subject project. This permit shall be effective from the date of issuance until October 16, 2016, and 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit, This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Paul Bartlett, or me at (910) 796-7215. Since ', 1,07 Edward Beck Regional Supervisor Surface Water Protection Section ENB/ptb: S:IWQSISTORMWATIPFRMIT1060740.oct06 cc: Robert P. Balland, P.E., Paramounte Engineering, Inc. Tony Roberts, New Hanover County Inspections Beth Wetherill, New Hanover County Engineering Paul T. Bartlett, P.E. Wilmington Regional Office Central Files :l"ac�./:na itrallly :o tit Caroli:m Di r.:4,cr Of Water Qiia!"v .2'4.u:eina:Dave Lr.,en,,;o-, R'iiniri jt,m,NC 2r=C5 ?lions 7I C,796-72 i t Customer Sm:ce \V IninQtD' .a,t Office ]r;criet: u�ua —A 'ta';L:£SP1u Lit r a:: (9:0;324;.20:)4 '+:''G22-C4 S _.. _,D'a.'u;llia:n'I Edell'*A:Jonn Eri. or ,1%,Recyi2'+:11) :9Coitarrior , State Stormwater Management Systems Permit No. SW8 060740 October 16, 2006 0'60004%.\ not on -fi\e-& Mr. Timothy J. Walter, Vice President 701 East Bay, Inc., General Partner Port City Limited Partnership 201 N. Front street, Suite 314 Wilmington, NC 28401 Subject: Stormwater Permit No. SW8 060740 Myrtle Grove Village Shopping Center High Density Subdivision Project New Hanover County Dear Mr. Walter: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Myrtle Grove Village Shopping Center on October 16, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 060740, dated October 16, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until October 16, 2016, and 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_ If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Paul Bartlett, or me at (910) 796-7215. Sincerely, Edward Beck Regional Supervisor Surface Water Protection Section ENB/ptb: S:IWQS\STORMWATIPERMIT1060740.oct06 cc: Robert P. Balland, P.E., Paramounte Engineering, Inc. Tony Roberts, New Hanover County Inspections Beth Wetherill, New Hanover County Engineering Paul T. Bartlett, P.E. Wilmington Regional Office Central Files Page 1 of 8 f State Stormwater Management Systems Permit No. SW8 060740 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Timothy J. Walter, 701 East Bay, Inc. and Port City Limited Partnership Myrtle Grove Village Shopping Center New Hanover County FOR THE construction, operation and maintenance of two wet detention ponds 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 October 16, 2016 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 1.5 on page 3 of this permit. The subdivision is permitted for 3 outparcel lots, Outparcel A, Outparcel B, and Home Depot Outparcel, that are allowed 33715, 19994, and 397136 square feet of built-upon area, respectively. Outparcels A and B and a portion of the Home Depot Outparcel (94,090 sq ft of BUA) drain to Pond #1. The remaining portion of the Home Depot Outparcel (303,046 sq ft of BUA) drains to Pond #2. There is no allotment for built-upon area in either Pond#1 or Pond#2 for DA#3. A separate stormwater management permit or modification to this permit will be required for any future development in DA#3. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 060740 5. The following design elements have been permitted for the wet detention pond stormwater facilities, and must be provided in the systems at all times. Design Criteria Pond#1 Pond#2 a. Drainage Area,acres: 11.07 42.01 Onsite,ft2 263,102 1,403,939 Offsite,ft2 482,209 1,829,956 b. Total Impervious Surfaces,ft2 344,994 1,405,681 (1)Buildings None 200,231 (2)Roads/Parking 40,075 545,290 (3)Other(Outparcels) 148,103 319,521 (inc.OS sidewalks) (4)Offsite 156,816 340,639 c. Design Storm, inches 1.0 1.0 d. Pond Depth,feet 7.0 6.0 _ e. TSS removal efficiency 90 90 f. Permanent Pool Elev.,FMSL 14.0 15.0 g. Perm.Pool Surface Area,ft2 15,694 86,127 h. Permitted Storage Volume,ft3 27,727 114,443 i. Temporary Storage Elev.,FMSL 15.6 16.26 j. Controlling Orifice,"0 pipe 2.0 • 4.0 k. Permitted Forebay Volume,ft3 12,171 80,103 I. Receiving Stream/River Basin Motts Creek/Cape Fear m.Stream Index Number 18-82 n. Classification of Water Body C;Sw o. Max.horsepower fora fountain 1/6 1 II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of 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. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 060740 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. Construction of impervious surfaces can begin prior to installation of the new Ponds#1 and #2 provided that the built-upon area does not exceed what currently exists and is being treated by the present stormwater management system (765,180 square feet). The proposed stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any additional built-upon surface in excess of 765,180 square feet. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 060740, as issued by the Division of Water Quality 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per Outparcel is 33715, 19994, and 397136 square feet of built-upon area for Outparcel A, Outparcel B, and the Home Depot Outparcel, respectively. 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. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built-upon area due to CAMA regulations. h. All runoff from built upon area on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built-upon area in excess of the permitted amount will require a permit modification. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 060740 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. 14. Decorative spray fountains will be allowed in the wet detention pond stormwater treatment systems, 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 the wet detention ponds is listed on page 3 of this permit in Section 1.5. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. 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. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. 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. 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 there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 060740 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 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) which have jurisdiction. 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 permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 16th day of October 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 060740 Page 6 of 8 State Stormwater Management Systems Permit No. SW8 060740 Myrtle Grove Village Shopping Center Page 1 of 2 Stormwater Permit No. SW8 060740 New Hanover County Designer's Certification 1, , 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 are a part of this Certification. Noted deviations from approved plans arid specifications: SEAL Signature Registration Number Date Page 7 of 8 State Stormwater Management Systems' Permit No. SW8 060740 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-DWQ Regional Office Tony Roberts, New Hanover County Building Inspections Beth Wetherill, New Hanover County Engineering Page 8 of 8 /6/1(66: c - vi 1 7, fr ge iv aiejt,-(Egf cc p » INFORMATION PERTAINING TO DEED RESTRICTIONS ti AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a"built-upon" area consistent with the design criteria used to size the stormwater control facility.The following deed restrictions and covenants must be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure pggg►oingr sionpliance with State Stormwater Management Permit Number. O C1 "l , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built-upon area per lot is as follows: Lot# BUA Lot# BUA Lot# BUA Out-Parcel A, 33,715sf Out-Parcel B, 19.994sf Home Depot. 397,136sf These allotted amounts include 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:a piped collection system, which ultimately discharges into the stormwater facility; appropriate,grading of the lot such that the built-upon surfaces drain into the stormwater facility; or graded swales which collect runoff and direct it into the stormwater facility. 8. 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. sto FW: Sign&.Notarize Subject: FW: Sign&Notarize From: "rballand" <rballand@paramounte-eng.com> Date: Mon, 16 Oct 2006 10:27:01 -0400 To: <Paul.Bartlett@ncmail.net> See attached Robert P. Balland, P.E. PARAMOUNTE ENGINEERING, INC. 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 910-791-6707 (P) 910-791-6760(F) 910-619-1186 (M) rballandaparamounte-eng.com From: Tim Walter [mailto:twalter@zpi.net] Sent: Monday, October 16, 2006 10:24 AM To: rballand Cc: Kristi Rooks Subject: Re: Sign &Notarize Original in the mail today. Tim Walter, CEO Tel 843.724.3405 Ziff Properties, Inc. Fax 843.724.3400 www.zpi.net From: rballand <rballand@paramounte-eng.com> Date: Mon, 16 Oct 2006 09:49:33 -0400 To:Tim Walter <twalter@zpi.net> Cc: Kristi Rooks <krooks@zpi.net> Conversation: Sign & Notarize Subject: Sign &Notarize Tim: Attached is a form for you to sign and notarize. Once completed, please scan and send to me via e-mail and standard mail the original. This will be attached to the deed restrictions,which are attached, for the future out-parcels. Regards, Robert P. Balland, P.E. PARAMOUNTE ENGINEERING, INC. 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 910-791-6707(P) 910-791-6760(F) 910-619-1186(M) 1 of 2 10/16/2006 1:57 PM FW:Sign&Notarize rballand@paramounte-eng.com Content-Description: 20061016101615114[2].pdf 20061016101615114[2].pdf i Content-Type: appiication/octet-stream Content-Encoding: base64 • 2 of 2 10/16/2006 1:57 PM /0i I' "A99 INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon" area consistent with the design criteria used to size the stormwater control facility. The following deed restrictions and covenants must be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built-upon area per lot is as follows: Lot# BUA Lot# BUA Lot# BUA Out-Parcel A, 33,715sf Out-Parcel B, 19,994sf Home Depot, 397,136sf These allotted amounts include 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 maybe accomplished through a variety of means including: a piped collection system, which ultimately discharges into the stormwater facility; appropriate grading of the lot such that the built-upon surfaces drain into the stormwater facility; or graded swales which collect runoff and direct it into the stormwater facility. 8. 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. Sud8 07 b 1 :, I• IP i CEIVE AMOUN1p SEP 1 4 2006 E' N 6 1 N E E R 1 N O , I N C . By.tYi �7 � , September 13,2006 Paul Bartlett,P.E. North Carolina Division of Water Quality / r� j ` � ������ 127 Cardinal Drive Ext. Wilmington,NC 28405 II ��©6 MI RE: Request for additional Information 7-6 ' /� c �d Myrtle Grove Shopping Center if- 1/',t&eJ D4r fie r Cet.- New Hanover County Project No.06130.PE 37 `��j ' (� 64 Dear:Mr. Bartlett ,.. to behalf of Ziff Properties of Wilmington,we are submitting additional information, as requested in your letter of September 12,2006, for further review and approval of the stormwater management permit application for the above referenced project. The comments from your 1 er are listed below with our responses provided in bold. 1 lease provide Ellipse equation or Hooghoudt equation results to demonstrate that there is enough lateral separation between the wetlands and Pond#2 to prevent draining the wetlands and compromising the pond's available storage volume. The permanent pool elevation is only 15', and it appears that the wetlands are approximately 17' or 18' in elevation and as close as 25' from the permanent pool. ■ We provided the Ellipse equation as recommended and the result confirmed that no dewaterting would occur. 2. lease complete and provide original signed, dated, and notarized deed restrictions for ,,,,p all Outparcels and the Home Depot parcel. A DR shell is attached for your use for a High,)ensity Development with Outparcels. (ie. ) ttached is the completed Deed Restriction shell that you sent me. Please klQ� �c ,� insert the attached form back into stormwater management permit I` application form. log i. 1 . Please c Ty the temporary pool elevation for Pond#2. The supplement lists 17.0' and p d details on revised Drawing#C8.4 list 16.26'. • The permanent pool elevation is 15.00,the 1-inch storage elevation is 16.26, and the riser elevation is 17.00. I revised the temporary pool elevation on the wet detention supplement to read 16.26,the 1-inch storm elevation. 5 9 1 1 OLEANDER DRIVE, S 7 E . 2 0 1 , W I L M I N G 7 O N . NC 2 8 A 0 3 P H 1 (9 1 0) 7 9 1 - 6 7 O 7 F A X : (9 1 O 1 7 9 1 - 6 7 6 O j ENGINEER , N G , I N. C . - I If you have any questions regarding any of this information or require additional material, please feel free to call. Thank you for your attention to this matter. Sincerely, Paramounte Engineering,Inc. Robert P. Balland,P.E. 5 9 1 1 OLEANDER D R I V E , S T E . 201 , W I L M I N G T O N , NC 2 8 4 0 3 PH : ( 9 1 O 1 7 9 1 - 6 7 ❑ 7 F A X : f 9 1 D 1 7 9 1 - 6 7 6 ❑ CLIENT JOB # BORING # SHEET Paramounte Engineering, Inc. 22-12070 I B-6 1 of 1 PROJECT NAME ARCHITECT-ENGINEER TD Myrtle Grove Shopping Center Robert Balland, PE imeammomminam SITE LOCATION -0- CALIBRATED PENETROMETER Wilmington, North Carolina 1 2 3 �' 4 5+ 0 DESCRIPTION OF MATERIAL PLASTIC WATER LIQUID LIMIT X CONTENT K UNIT K Ra A £ RA 1g g ROCK QUALITY DESIGNATION & RECOVERY x Affi v i 1 ENGLISH UNITS RQM— — — REC.X M e 20X-40%-60X-80X-100%— „_ SURFACE ELEVATION = '` L4, T I R 1 ® ORATION 10 EO SO 40 50+ Dense to Loose, Brown, Silty I _ 1 SS 18 18 Fine to Medium SAND, (SM) (13-19-21 ►e4 40 I - • 2 SS 18 18 0 6 (3-3-3) 111 5 - Loose, Brownish Gray, Fine to .':::'o' . 3 SS 18 18 Medium SAND, (SP) ►`a 9 (3-5-4) Il — — Very Loose, Dark Brown, Silty 4 SS 18 18 Fine to Medium SAND, (SM) 0 4 (3-2-2) 10 11 Very Soft to Soft, Gray, Sandy ' { CLAY, (CH) I 15 5 SS 18 18 1 (1-0-1) SAP 1 1/4 0-0,0 i -2 &idg 06 , \..P-, 20 _- 6 SS 18 18 2 (1-1-i) :• 78.0 III _ 17 51 - 7 SS 18 18 4 (2-2-2) 1. 25 _ END OF BORING 0 25.0' II T g 304_I 1 1 . i ——— illTHE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOD_ TYPES IN-SITU THE TRANSITION MAY BE GRADUAL WL � se 6 3 ws OR ® BORING STARTED 05/02/06 !n) . TWL(AC) BORING COMPLETED 05/02/06 CAVE IN DEPTH III In 7 0 RIG Trac 45 FOREMAN PB DRILLING METHOD Mud Rotary NEW HANOVER, NORTH CAROLINA 63 TABLE 14.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [Dashes indicate data were not available. The symbol < means less than; > means greater than. Absence of an entry means data were not estimated] Available i Shrink- Risk of corrosion Soil name and Depth Permea- water Soil ' swell Uncoated map symbol bility capacity reaction potential steel Concrete In In per In per ' PH hour in of soil Bayboro: Ba 0-16 0.6-2.0 0.15-0.20 4.5-5.5 Low High ;High. 16-72 0.06-0.2 0.14-0.18 4.5-5.5 Moderate 'High ;High. Baymeade: Be, 1Bh 0-361 6.0-20 0.02-0.06 5.1-6.5 Low Low Moderate. 36-491 2.0-6.0 0.10-0.14i 5.1-6.5 Low Low Moderate. 49-781 6.0-20 0.02-0.101 5.1-6.5 Low Low Moderate. Borrow pits: Bp. Craven: ' Cr 0-8 ; 0.6-2.0 0.12-0.18 4.5-6.0 ;Low ,High High. 8-64; <0.2 0.12-0.15 4.5-5.5 Moderate ;High High. 1 Donovan ' ' 1 1D0 0-4 ; <0.06 10.25-0.50 4.5-5.5 ;High High. 4-64 <0.06 0.25-0.50 4.5-5.5 1High High. Johnston: 1J0 0-42 2.0-6.0 0.10-0.20 4.5-5.5 'Low High High. 42-64 6.0-20 0.06-0.12 4.5-5.5 Low High High. Kenansville: Ke 0-33 6.0-20 0.04-0.10; 4.5-6.0 Low Low High. 33-50 2.0-6.0 0.10-0.14i 4.5-6.0 Low Low High. 50-80 6.0-20 <0.05 1 4.5-6.0 Low Low High. Kureb: Kr 0-89 6.0-20 <0.05 i 4.5-7.3 Low Low ;Low. , 1Ku: i Kureb part 0-89-,0-20 <0.05 14.5-7.3 Low Low Low. Urban land part. Lakeland: La ; 0-48i >20 0.05-0.08; 4.5-6.0 Very low Low Moderate. 48-80; >20 0.03-0.08i 4.5-6.0 Very low Low Moderate. Leon: Le, 1Lo 0-6 6.0-20 0.02-0.05 3.6-5.5 Very low High High. 6-30 0.6-6.0 0.05-0.10,. 3.6-5.5 Very low High High. 30-80 >20 0.02-0.05i 3.6-5.5 Very low High High. Lynchburg: Ls ; 0-6 2.0-6.0 0.09-0.13 3.6-5.5 Low High High. 6-64 0.6-2.0 0.12-0.16 3.6-5.5 Low -- High High. Lynn Haven: 1, 1.3i� Of' 114/64 l®� , Ly 1 0-24 6.02.0 0.02-0.05 3.6-5.5 Very low ,High High. -- - 124-64 O. 6.0 ' 0.05-0.10, 3.6-5.5 Very low High; High. 164-75 >2O_'. 0.01-0.05i 3.6-5.5 Very low High High. ' I ' Mine pits: ; Mp. ' 1 Murville: Mu 1 0-8 16.0-20 0.05-0.09 3.6-5.5 Low ;High Moderate. 1 8-60; 2.0-6.0 0.05-0.09 3.6-5.5 Low ;High Moderate. 160-70 6.0-20 - 0.04-0.07 3.6-5.5 Low, ;High Moderate. 1 i 1 i See footnotes at end of table. P. 1 * * * COMMUNICATION RESULT REPORT ( SEP.12.2OO6 2:09PM ) TTI NCDENR NIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE 112 MEMORY TX 97916760 OK P. 4/4 \ %I Ntik \N14 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Date; 9/11/06 No. of Pages: 4 (Incl. Cover) To: Rob Balland From: Paul Bartlett Company: Paramounte Water Quality Section - Stormwater FAX#: (910) 791-6UO FAX#: 910-360-2004 Phone#: 910-796-7301 DWQ Stormwater Project Number: SW8 060740 Project Name: Myrtle Grove MESSAGE: Rob, A Request for Additional Information is attached for the subject project. The original will be mailed to Mr. Walter, and a copy will be mailed to you, 4 /7 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Date: 9/11/06 No. of Pages: 4 (Incl. Cover) To: Rob Balland From: Paul Bartlett Company: Paramounte Water Quality Section - Stormwater FAX#: (910) 791-6760 FAX#: 910-350-2004 Phone #: 910-796-7301 DWQ Stormwater Project Number: SW8 060740 Project Name: Myrtle Grove MESSAGE: Rob, A Request for Additional Information is attached for the subject project. The original will be mailed to Mr. Walter, and a copy will be mailed to you. ENB1ptb: S:IWQS\STORMWATER\ADDINFO120061060740.sept06 127 Cardinal Drive Extension,Wilmington,NC 28405-3845 Telephone(910)796-7215 FAX(910)350-2004 An Equal Opportunity Affirmative Action Employer F WATF Witti) Michael F.Easley,Governor William G.Ross Jr.,Secretary> rNorth Carolina Department of Environment and Natural Resources —I 5 - Alan W.Klimek,P.E.Director Division of Water Quality September 11, 2006 Mr. Timothy J. Walter Port City Limited Partnership 201 N. Front Street, Suite 314 Wilmington, NC 28401 Subject: Request for Additional Information Stormwater Project No. SW8 060740 Myrtle Grove Village Shopping Center New Hanover County Dear Mr. Agin: The Wilmington Regional Office received a Stormwater Management Permit Application for Myrtle Grove Village Shopping Center on July 26, 2006, and a revised application on August 18, 2006. A preliminary review of that information has determined that the application is not complete. e following information is needed to continue the stormwater review: 1 Please provide Ellipse equation or Hooghoudt equation results to demonstrate O, ' that there is enough lateral separation between the wetlands and Pond #2 to prevent draining the wetlands and compromising the pond's available storage �� volume. The permanent pool elevation is only 15', and it appears that the `Try wetlands are approximately 17' or 18' in elevation and as close as 25' from the permanent pool. (Refer to website- A A htt•://www.wli.nres.usda.g v/technical/web tool/Hooghoudtjava.html) oleo, io/fitfo6 1 w l `At�ec t /� r Ke : 1 •ase complete an provide�ngma si ned, ted, andrnotarized eed 1„� ``' / tractions for all Outparcels and the Home Depot parcel. A DR shell is aced _ bs!'' 1 . for •ur use for a High Density Development with Outparcels. Hl� f ,p 3. Please clarify the tempora pgl elevation for Pond • - upplement lists I" S # sand on cl det ils on r�ii ed Drawing #C8.4 li: 16.2. �n_�-f Please (o -note that tlKis request for additional information is in respo a relimina review. The requested information should be received by this Office prior to September 19,2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. N�p�rthtCaro a ,Naturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterauality.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Timothy J. Walter September 11, 2006 Stormwater Application No. SW8 060740 Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7301. Sincer 7—//7 Paul T. Bartlett, P.E. Environmental Engineer ENB/ptb: S:\WQS\STORMWATERIADDINFO120061060740.sept06 cc: Robert P. Balland, P.E., Paramounte Engineering, Inc. Paul Bartlett 2 p , .. , . i ,,,,,: Ik. Me) : \ I J \ „, - E N [3IN EERI N r3 , INCIH• 5 9 1 1 OLEANDER DRIVE , SUITE 2 0 1 W I L M I N G T O N , NC 28403 9 1 0 - 7 9 1 - 6 7 0 7 ( 0 ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F ) LETTER OF TRANSMITTAL To: NCDENR Date August 18, 2006 Wilmington, NC 28403 Re: Myrtle Grove Village Shopping Center "REVISED" Attn: Paul Bartlett, PE Project No. 061 30.PE ►1� = ® Originals ®Prints ❑Shop Drawings ❑ Calculations The following items: ❑ Correspondence ® Plans ❑ Specifications ❑Other as listed below Quantity Date Dwg.No. Description C1.1,C4.0A, 2 08/18/06 C4.1,C4.2,C8.3, REVISED Stormwater Plans C8.4,C8.5 2 08/18/06 Storm Drainage Report&Calculations(Revised Sheets) 2 08/11/06 SWU 101&SWU 102 Forms(Revised) Issue Statusd ®For Approval ❑As Requested ❑Construction ❑Bid ❑For Your Use ®For Review and Comment ❑Approved as Noted El See Remarks 'Action Tallen:I ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend&Resubmit ❑ Rejected-See Remarks ❑ Approved as Submitted ❑ Other IRemarks: 44 �° Su3 Cc File: 061 30.PE Signed, .'--tes, Robert P. Balland, PE ENGINEER. . . . . . A-D 4.,,, , et-NT p , \ , ri IN August 18,2006 RECE1V Paul Bartlett,P.E. tour 1 8 2006 North Carolina Division of Water Quality , �® ./if 127 Cardinal Drive Ext. $ �d Wilmington,NC 28405 RE: Stormwater Management Permit Application Project No.06130.PE Dear Mr. Bartlett: On behalf of Ziff Properties of Wilmington,we are submitting additional information, as requested in your letter of August 4,2006, for further review and approval of the stormwater management permit application for the above referenced project. The comments from your letter are listed below with responses provided in bold. 1. ,Please delineate all wetlands on site, disturbed or undisturbed, on the plans (exist on site per note on Sheet C1.1). t.,/ • Please fmd that the wetland note on sheet C1.1 has been modified. Wetlands were delineated by Hart&Hickman and surveyed by McKim & Creed on November 29,2005. See sheets C4.1 and C4.2 for delineation. .—'- --S1 2. Please tir a Vice President or higher of 701 East Bay, Inc. in Section 1.2 of the ap ' ation and have them sign the application and supplement forms since 701 East (z ay, Inc. is the General Partner for Port City Limited Partnership that is registered with the N.C. Department of the Secretary of State. • Please fmd in this re-submittal that we have all applications signed by the Vice-President of Corporate General Partner,Timothy J. Walter. Please provide: (a) a 3:1 L:W flow path ratio in Pond#1 (the full length isn't used I because of the inlet location near the berm); (b) an illustration of the inlet pipe(with protection) from DA#1; and(c) dimension the flow path from the inlet to the outlet structure. • Please find in this re-submittal that we moved the outlet structure )irther away from the inlet and also provided baffles in Pond#1 in order to meet the required flow path ratio. These changes along with flow path dimensions can be found on sheet C4.1. In addition, on sheet 5 9 1 1 OLEANDER D R I V E, S T E . 2 0 1 , W 1 L M I N G T O N , NC 2 9 4 0 3 PH : ( 9 1 0 ) 7 9 7 - 6 7 D 7 F A X : ( 9 1 O) 7 9 1 - 6 7 6 D . , , itiNT . l P_` N GIN EER I N G , I N C I please find the inlet pipe to Pond#1 labeled with inlet protection peer McAdams Home Depot plans on 6/26/06. 4. P ase be consistent with labels for the outparcels. Sheets C3.0 and C3.1 and the narrative list"A" and"B", and Sheet C4.0A lists "1"and"2". • Please find that sheet C4.0A is now corrected and displays the outparcels as "A" and "B". se provide a copy of the proposed deed restrictions to include all required ditions and limitations fo the outparcels in ding Home Depot(refer to item#5 4100,• abov j.e for consistent bel'/. . 1-4 1A. l r r • , [/ O/,.s 1J ,-- __ eet ct.4,..4 _ Pleease find the propose eed restrictions in this re-submittal. 6. ase clarify the inlet to Pond#2 by: (a) illustrating/labeling the inlet piping from Home Depot; and(b) adding a note or label on Sheet C4.2 to identify a common CB or CI Between the Home Depot plans (Drawing C-2.0, McAdams, 6/26/06). For example, is CI1 on Sheet C4.2 the same as CB14 on Drawing C-2.0? lease find in this re-submittal on sheets C4.1 & C4.2 that we have referenced CB 22 and CB 14A from McAdams Home Depot plans on 06/26/06. 7. Please clarify the temporary pool volumes on the supplements for Ponds#1 and#2. The volume entered should be the volume above the permanent pool,which appears to (..)b�27, 721 and 181, 713 cu ft for Pond#1 and#2, respectively. . • Please find that both supplements have been changed to show the correct temporary pool volumes as you have pointed out. In addition to our response to your comments,please find that pond#2 has been slightly re- graded to accommodate for a sanitary sewer line now traveling in front of the pond. All forms, documents, plans, and calculations have been updated. If you have any questions regarding any of this information or require additional material,please feel free to call. Thank you for your attention to this matter. Sincerely, Paramounte Engineering,Inc. __.___.44....:____/7______:_____ is Millis,EI 5 9 1 1 OLEANDER D R I V E , S T E . 2 D 1 , W I L M I N G T O N , NC 2 6 a O 3 PH : (9 1 D) 7 9 1 - 6 7 D 7 F A X : ( 91 0) 7 9 1 - 6 7 6 D State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Date: 8/4/06 No. of Pages: 3 (Incl. Cover) To: Rob Balland From: Paul Bartlett Company: Paramounte Water Quality Section - Stormwater FAX#: (910) 791-6770 FAX#: 910-350-2004 Phone #: 910-796-7301 DWQ Stormwater Project Number: SW8 060740 Project Name: Myrtle Grove '\74` MESSAGE: of / Rob, A Request for Additional Information is attached for the subject project. The original will be mailed to Mr. Agin, and a copy will be mailed to you. .) ENB1ptb: S:IWQS\STORMWATER\ADDINFO120061060740.aug06 127 Cardinal Drive Extension,Wilmington,NC 28405-3845 Telephone(910)796-7215 FAX(910)350-2004 An Equal Opportunity Affirmative Action Employer o�pF WATFgPG Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources —i Q � Alan W.Klimek,W.E.DQualior ty •Division of Water Quality August 4, 2006 Mr. Lance Agin Port City Limited Partnership 201 N. Front Street, Suite 314 Wilmington, NC 28401 • Subject: Request for Additional Information Stormwater Project No. SW8 060740 Myrtle Grove Village Shopping Center New Hanover County Dear Mr. Agin: The Wilmington Regional Office received a Stormwater Management Permit Application for Myrtle Grove Village Shopping Center on July 26, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to co ' ue the stormwater review: 1 Please delineate all wetlands on site, disturbed or undisturbed, on the plans (exist on site per note on Sheet C1.1). 2. Please enter a Vice President or higher of 701 East. Bay, Inc. in Section 1.2 of the application and have them sign the application and supplement forms since 701 East Bay, Inc. is the General Partner for Port City Limited Partnership that is registered with the N.C. artment of the Secretary of State. 3. Please provide. a 3:1 L:W flow path ratio in Pond #1 (the full length isn't used V because of the nlet location near the berm); (p-)-an illustration of the inlet pipe (with protection) from DA#1; and ).dimension the flow path from the inlet to the outle structure. 4. lease be consi i, t with bels for the outparcels. Sheets C23.0 and C3.1 and the narrative li and and Sheet C4.0A lists "1" and "2". ilp % Please provide a copy of the proposed deed restrictions to include all required conditions and limitations for the outparcels including Home Depot (refer to Item #5 above for consistent labels). 6. lease clarify the inlet to Pond #2 by: (a) illustrating/labeling the inlet piping from Home Depot; and (b) adding a note or label on Sheet C4.2 to identify a common CB or CI between the Home Depot plans (Drawing C-2.0, McAdams, 6/26/06). For example, is CI1 on Sheet C4.2 the same as CB14 on Drawing C-2.0? 7. Please clarify the temporary pool volumes on the supplements for Ponds #1 and #2. The volume ent ed 0 should be the volume above the permanent pool, which appears to be 27, 1 and 181, 3 cu ft for Pond #1 and #2, respectively. 0 4A4/ trfti t'‘ Lt)0 in N c Carolina XQlllralulu North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.org Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Lance Agin August 4, 2006 Stormwater Application No. SW8 060740 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 14, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7301. Since, ely, �7 2 Paul T. Bartlett, P.E. Environmental Engineer ENB/ptb: S:\WQS\STORMWATER\ADDINFO12006\060740.aug06 cc: Robert P. Balland, P.E., Paramounte Engineering, Inc. Paul Bartlett 2 Page 1 of 1 ,+ "�' , `'+, North Carolina s" 't• -+ , '_.• — ✓ i ' I 6 't£% - " a Elaine Marshall EPA TM NT OF THE f , ecretaty ECRETARY OF STATE .. ,.,, .,f. PO Box 29622 Raleigh,NC 27626-0622 (919)8O7-2000 Corporations Date: 8/4/2006 t Corporations Home *Important Notice Click here to: tCorporations FAQ View Document Filings I Tobacco Manufacturers MPrint apre-populated Annual Report Form I Annual Report Count I Fil Dissolution Reports an Annual Report I Non-Profit Reports -Verify Certification Corporation Names itsOnline Annual Reports 4)KBBE B2B Annual Reports Name Name Type ype vSecretary Of State Home NC 701 East Bay, Inc. Legal tRegister for E-Procurement Business Corporation Information °Dept. of Revenue Legislation 01999 Senate Bills SOSID: 0804310 02001 Bill Summaries Status: Current-Active Annual Reports 1997 Date Formed: 9/26/2005 4Corporations 1997 Search Citizenship: Foreign 3By Corporate Name State of Inc.: SC oFor New Corporation Duration: Perpetual By Registered Agent Online Orders Registered Agent JStart An Order °New Payment Procedures Agent Name: Agin, Lance Contact Us oCorporations Division Registered Office Address: 201 North Front Street °Secretary of State's web site Wilmington NC 28401 Print Registered Mailing 201 North Front Street Printable Page Address: Wilmington NC 28401 Principal Office Address: 701 East Bay Street Charleston SC 29403 Principal Mailing Address: 701 East Bay Street Charleston SC 29403 For questions or comments about the North Carolina Secretary of State's web site,please send e-mail to Webmaster. http://www.sccretay.state.nc.ns/Corporations/Corp.aspx?Pitemid=7828809 8/4/2006 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 10.•If the corporation is required to use a fictitious name in order to transact business in this State,a copy of the resolution of its board of directors,certified by its secretary,adopting the fictitious name is attached. 11. This application will be effective upon filing,unless a delayed date and/or time is specified: This is the 204 day of September,2005. 701 EAST BAY,INC. NAME OF CORPO TION ft iti?L .. Signature Timothy J.Walter,Vice President Type or Print Name and Title NOTES: 1. Filing fee is$250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622 (Revised January,2002) Tenn B-09) SOSID:804310 Date Filed:9/26/2005 8:19:00 AM Elaine F.Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C200526600415 APPLICATION FOR CERTIFICATE OF AUTHORITY Pursuant to§55-15-03 of the General Statutes of North Carolina,the undersigned corporation hereby applies for a Certificate of Authority to transact business in the State of North Carolina,and for that purpose submits the following 1. The name of the corporation is 701 EAST BAY,INC.;and if the corporate name is unavailable for use in the State of North Carolina,the name the corporation wishes to use is: 2 The state or country under whose laws the corporation was organized is: South Carolina 3.The date of incorporation was December 23, 1991;its period of duration is:perpetual. 4. Principal office information: (Select either a orb.) a. ®The corporation has a principal office. The street address and county of the principal office of the corporation is: Number and Street 701 East Bay Street City,State,Zip Code Charleston,South Carolina,29403 County: Charleston The marling address,if different from the street address,of the principal office of the corporation is: b. ❑The corporation does not have a principal office. 5. The street address and county of the registered office in the State of North Carolina is: Number and Street 201 North Front Street City,State,Zip Code Wilmington,North Carolina,28401 County: New Hanover 6. The mailing address,if different from the street address,of the registered office in the State of North Carolina is: 7. The name of the registered agent in the State of North Carolina is: Lance Agin 8. The names,titles,and usual business addresses of the current officers of the corporation are(attach if necessary): Name fg Business Address Stephen J.Ziff President 701 East Bay Street,Charleston,SC 29403 Timothy J.Walter Vice President 701 East Bay Street,Charleston,SC 29403 9. Attached is a Certificate of Existence(or document of similar import)duly authenticated by the Secretary of State or other official having custody of corporate records in the state or country of incorporation. The Certificate of Existence must be an oriiinal aml less than six months olt'L CORPORATIONS DIVISION P.O.BOX 29622 (Revised January,2002) RALEIGH,NC 27626-0622 (Form B-09) 'rIitI111)7IyrlyrId'i'i1 yr1li1'I?llirlli1211'7I'r IYlhrlii1'dtiIvrlillirI yrIi-71yrrt,17 l'ii I'ii i1 liIi11)71i'rllr1i"(1it11'r1 r1a Ili, 71 The State of South Carolina _. ..... :,_,_. ,.,:-. ........ ..._. ___. ,._,. , ___, ..„ ,. .__, ___,__ ..,, . , .... ,. 2__: , . ,,,,,___, ._. .: ----i.:- 1. __. w Office of Secretary of State Mark Hammond . Certificate of Existence I, Mark Hammond, Secretary of State of South Carolina Hereby certify that: 2. 701 EAST BAY, INC., a corporation duly organized under the laws of the State of South Carolina on December 23rd, 1991, and having a perpetual duration unless otherwise - indicated below, has as of the date hereof filed all reports due this office, paid all fees, taxes and penalties owed to the Secretary of State, that the Secretary of State has not mailed notice to the Corporation that it is subject to being dissolved by administrative action pursuant to section 33-14-210 of the South Carolina _, Code, and that the corporation has not filed articles of dissolution as of the date hereof. Given under my Hand and the Great =: Seal of the State of South Carolina this := 18th day of August, 2005. ,----_, Ictith 0 .___ ,..,.. ca . Mark Hammond,Secretary of State v t1.4I IL'1)t11.t1a'.1P11.11"1"1 71)'12. �.�1"1 I''11,.'TL'Il.�I1..TIT AinItT?'11:f,1?`,11• T).!11'I!'T':t1':c1LtJ)(JJz,I4I-4-1-z,i4Plkr,1 E G , I N. C . L 5 9 1 1 OLEANDER DRIVE , SUITE 2 0 1 W I L M I N G T O N , NC 28403 9 1 0 - 7 9 1 - 6 7 0 7 ( 0 ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F ) LETTER OF TRANSMITTAL To; NCDENR Date July 26, 2006 Wilmington, NC 28403 Re: Myrtle Grove Village Shopping Center Attu: Paul Bartlett, PE I I Project No. 06130.PE E7e are sending: ® Originals ®Prints El Shop Drawings ❑ Calculations [The following items: ❑ Correspondence ® Plans El Specifications ❑Other as listed below Quantity Date Dwg.No. Description 2 07/26/06 Stormwater Plans 2 07/26/06 Storm Drainage Report&Calculations 2 07/26/06 Limited Partnership Documentation 1 07/26/06 $2,000 Check 1 07/26/06 SWU 101 &SWU 102 Fotrns Issue Status ®For Approval El As Requested El Construction El Bid El For Your Use ®For Review and Comment El Approved as Noted El See Remarks 'Action Takenl El No Exceptions Taken El Make Corrections Noted ❑ Anienid&Rest nit „ El Rejected-See Remarks El Approved as Submitted ❑ Other CW&5 PW [Remarks: ) F4 1 — elle( ,p-f..4_,/ ( ( �. (d '�� �c.Ao P �` �d miliwiai .. . dip MEIN 10=11111/11WMLII" IMAIMMI/11 -'' --''----/ i_;-:_i'n AO „ illfl yteed 7 ® �1, ' 171%r 114 ?;.12 `1 ,,) r Cc Signed: Robert P. Balland, PE Page 1 of 1 North Carolina:� � y �R1. � �4eT.� i# ! ii '.!kt •+sr� '-.�rw 9L .. �t ji�i 1 a � Elaine _-- j... 3 1' I I • • retary y 4;4;44 PO Bt.'t.216n Ralvi # NC 7626-N 22 ;91 '`"' ' '"` Date: 7/20/2006 Corporations Home Important Notice Click here to: Corporations FAQ View Document Filings i 'Tobacco Manufacturers ,Dissolution Reports Corporation Names =°Non-Profit Reports Verify Certification Name Name Type eOnline Annual Reports • Port City Limited 'KBBE B2B Annual Reports Legal Partnership x.inSt Limited Partnerships Information Secretary Of State Home p Register for E-Procurement Dept. of Revenue SOSID: 0804314 "g` l``` "` Status: Current-Active '1999 Senate Bills '2001 Bill Summaries Date Formed: 9/26/2005 'Annual Reports 1997 Citizenship: Domestic Corporations 1997 aarc,t State of Inc.: NC =By Corporate Name Duration: Perpetual For New Corporation Registered Agent 413y Registered Agent *Start An Order Agent Name: Agin, Lance 'New Payment �aProcedures Registered Office Address: 201 North Front Street Cw':;tact +�~ Wilmington NC 28401 *C orporations Division Registered Mailing 3544 Chelsea Drive 'Secretary of State's web site ..:_t Address: Rocky Mount NC 27803 Printable Page Principal Office Address: 701 East Bay Street Charleston SC 29403 Principal Mailing Address: 701 East Bay Street Charleston SC 29403 For questions or comments about the North Carolina Secretary of State's web site,please send e-mail to Webmaster. SOSID:0804314 Date Filed:9/26/2005 8:30:00 AM Elaine F.Marshall r; North Carolina Secretary of State Th��� State of North Carolina C200526600417 �• Department of the Secretary of State < � ;=1 APPLICATION FOR REGISTRATIO • N , �. AS A FOREIGN LIMITED PARTNERSHIP Pursuant to §59-902 of the General Statutes of North Carolina,the undersigned hereby submits this application for Registration as a Foreign Limited Partnership for the purpose of obtaining a Certificate of Authority to transact business in this State. 1. The name of the foreign limited partnership is:PORT CITY LIMITED PARTNERSHIP. 2. If the name of the foreign limited partnership is unavailable for use in the State of North Carolina,the name the limited partnership wishes to use is: (The name must contain the words"Limited Partnership,"or the abbreviation"L.P."or"LP,"or the combination "Ltd.Partnership".) 3. The jurisdiction in which the limited partnership was formed is South Carolina and the date of formation was May 21,1993. The limited partnership's period of duration is perpetual. 4. The street address of the principal office is: Number and Street 701 East Bay Street City,State,Zip Code Charleston,South Carolina,29403 The mailing address,if different from the street address,of the principal office is 5. Name of Registered Agent: Lance Agin • • 6. Address of Registered Office: Number and Street 201 North Front Street City,State,Zip Code Wilmington,North Carolina,28401 County: New Hanover The mailing address,if dif�erent from the street address,of the registered office is 7. In consideration of the issuance of a Certificate of Authority to transact business in North Carolina,the limited partnership appoints the Secretary of State of North Carolina as the agent to receive service of process,notice or demand,whenever the foreign limited partnership fails to appoint or maintain a registered agent in this State,or whenever such registered agent cannot with reasonable diligence be found at the registered office. CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-06222 (Revised January,2002) Form LP-04 y • 8. Enter the name and address of each general partner: (attach additional sheets if necessary) Name: 701 East Bay,Inc. Name Street/No.70I East Bay Street Street/No. City Charleston City State/Zip South Carolina.29403 State/Zip Name Name Street/No. Street/No. City _ City State/Zip State/Zip 9. Limited Partners(select I or 2,as appropriate) ❑ Attached is a list of the names and addresses of all limited partners(include full name/street address/city/state/aap code/county);or ED The location of the office where list of the names and addresses of the limited partners and their capital contributions will kept be as long as the limited partnership transacts business in North Carolina is Number and Street 701 East Bay,Street City,State,Zip Code Charleston,South Carolina;29403 10. (Select one) 0 The foreign Limited partnership is a foreign limited liability limited partnership. The foreign limited partnership is not a foreign limited liability limited partnership. 11. This registration will be effective upon filing,unless a date and/or time is specified:_ Timothy J.Walter Typed e Signs Vice President of 701 East Bay,Inc.,the corporate general partner Title NOTES: Fiffing fee Is M.This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O.BOX 29622 m L (Revised January,2002) Farm LP-04P,0 27626-06222 X'1`ill'iYl)°ll�-diti1i'S fiiiS'iih(l`,''�litt'i(ll(11(1 '( 1-(13'11i1 'rla-1I'i�(i�'i1�?1;71 I1 '"r ilti'i �, 171'i'(1'i'l i li'lli.,li-rliili-rl �` ,„. • The State ofSouth Carolina ..=, :„..., I _.. .__. .,„ ..„ .,. ..._ . .„ _ ..,.., _-_-_,. :_,. ,_ ,___, Office of Secretary of State Mark Hammond Certificate of Existence, Limited Partnership I, Mark Hammond, Secretary of State of South Carolina Hereby certify that: PORT CITY LIMITED PARTNERSHIP, a Limited Partnership organized under the laws of the State of South Carolina on May 21st, 1993, and doing business in South Carolina under the name of: PORT CITY LIMITED PARTNERSHIP has, as of the 18th day of August, 2005, filed all reports due this office, paid all -, fees due, is in existence and authorized to do business in the State of South ~1 Carolina. 9 -1 ;_3 f-~ Given under my Hand and the Great ' r Seal of the State of South Carolina this .1 E.---' 18th day of August, 2005. �,1 E; E--- �1 r``Y- H i E� Cili,k aAn/m.0iCig 3- f-' Mark Hammond,Secretary of State _-.� t<- =d f 1 7t-i' `itcT `11,i,.;Fr1I T-;T"11;r>T, 1,V T1'1 1:`.1? [1'.Ul?(; .t1]T,.P.T.ITit,TT`FT cTI T'`1.•'ITIP';II -T-ti II v - ® .NCDENR North Carolina Department of Environment and Natural Resources 127 Cardinal Drive,Wilmington NC 28405(910) 796-7307 FAX(910)350-2004 Request for Express Permit Review ,g ga,L, 7()-G -747 FILL-IN all information below and CHECK required Permit(s). clog 9 j$ Az 0.0 FAX or email to Cameron.WeaverancmaiLnet along with a narrative and vicinity map ofihe projecT location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements f made : /,( t APPLICANT Name Ms. Margaret Beltonf r: Company Ziff Properties, Inc. _ Address 201 N Front Street, Suite 314 City/State Wilmington, NC Zip 28401 County New Hanover Phone 910-791-6707 Fax 910-763-4517 Email PROJECT NAME Myrtle Grove Shopping Center PROJECT SYSTEM(S)TRIBUTARY TO MOTTS CREEK _(STREAM NAME) Cape Fear River BASIN ENGINEER/CONSULTANT Tim Clinkscales, PE Company Paramoute Engineering, Inc Address 127 Racine Drive, Suite 202 City/State Wilmington Zip NC County 28403 Phone(910)791-6707 Fax L10)763-4517 Email tclinkscales@paramoute-ena.com State or National Environmental Policy Act(SEPA, NEPA)-EA or EIS Required❑Yes❑ No ❑ STREAM ORIGIN Determination; #of stream calls; Stream Name ® STORMWATER ❑Low Density El High Density-Detention Pond El High Density-Other Wetlands MUST be addressed below [] Low Density-Curb&Gutter ® High Density-Infiltration ❑ Off Site ❑ COASTAL 0 Excavation& Fill ❑ Bridges &Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront LI LAND QUALITY® Erosion and Sedimentation Control Plan with acres to be disturbed. WETLANDS (401) Wetlands on Property® Yes❑ No Isolated Wetlands on Property❑ yes❑ No Check all that aDDIV Wetlands Will Be impacted❑ Yes® No Wetland Impacts: Acre(s) Wetlands Delineation has been completed K/ Yes El No❑ Buffers Impacted: Acre(s) USACOE Approval of Delineation completed❑ Yes❑ No 404 Application in process w/USACOE❑Yes ONo I Permit received from USACE[]Yes❑No 401 Application required['Yes❑ No If Yes, ❑ Regular❑ Express Additional fees, not to exceed 50%of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ — CAMA _ $ LQS $ 401 $ - __ Total Fee Amount$ 4000 CO 391d JtJf11031IH3dV 31SI1 LT9tE9L0T6 ZI :ZT 900Z/TO/90 Myrtle Grove Shopping Center Express Stormwater Narrative June 1, 2006 Project Narrative: Ziff Properties, Inc is proposing to develop a office park on a 48.42 acre parcel in New Hanover County- The site is located at the intersection of Finer Road, Carolina Beach Road and College Road. The impervious area for the site will be 33.21 acres. The site is currently an existing permitted shopping center(SW8 880518). The project is within a drainage basin that drains to an unnamed tributary of Motts Creek(C; SW, 1.0" runoff). The stormwater will be conveyed to the two proposed detention ponds via a storm drain system. The ponds will be reconstructed to accommodate the impervious for the site. 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