20070966 Ver 1_Fax_20080805

AUG-05-2008 TUE 11:19 AM
Michael F Easley, Governor
Date:
To: F-
Co:vC?L
Fax:
Re:
FAX NO, 07- d 710 6
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
P. 01
Wlllianz G. Ross, 1r., Secretary
FAX COVER SHEET
No. Pages (excl. cover): -7
Express Pcmlitting
From: S$ndra p-M-M
Phone: &91196-726
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Fox: L210)350-20)4
127 Cnrdinal Driva Extonsion, Wilmington, NC 28405 0 [phone] 0 An Equal Opportunity Allirmadve Action Employer
AUG-05-2008 TUE 11:19 AM
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August 1, 2008
Jim McNally
USPG Portfolio Two, LLC
310 South Hamilton Road
Gahanna, OH 43230.
FAX NO. P. 02
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment vid NAUltal Rosources
Coleen 1.1. Sullins Director
Divislon of Water Quality
Subject: Stormwater Permit No. SW8 940112MOD
Cypress Bay Plaza (Proposed Parking Area)
High Density Project
Carteret County
Dear Mr. McNally:
The Wilmington Regional Office received a complete Stormwater Managgement Permit
Application for Cypress Bay Plaza (Proposed Parking Area) on August 1, 2008. Staff review of
the plans and specifications has determined that the pproject, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 940112MOD dated August 1, 2008, for the construction of the subject project.
This permit shall be effective from the date of Issuance until August 1, 2018, 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 pa rts,'requirements, or limitations contained in this permit are unacceptable, you have
the ri ht to request an adjudicatory hearing upon written request within thirty (30) days
followng receipt of this ppermit. 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 Chr Baker, or me at [phone].
Since v.
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/csb: S:1WQSISTORMWATERIPERMI'R940112MOD.aug08
cc: John F. Newman, P.E., Woolpert, Inc.
Carteret County Building Inspections
Division of Coastal Management
Chris Baker
Wilmington Regional Office
Central Files
?w
N ttrCaro ins
North Carolinu Division of Water Quallty 127 Cardinul Drive L-Mension Wilmingtnn, NC 28405 Phone (910) 79(-7215 Customer sorvicc
Wiltningron Regional Office Uitcmet: Wyw.newuierguality ore Fax [phone]-62.M 48
An Equal opportunity/AAlrmatlva Acft Employer- 50% Recycled/10% Post Consumer Paper
AUG-05-2008 TUE 11:20 AM o7- 00 FAX NO, P, 03

State Stormwater Management Systems
Permit No. SW8 940112MOD
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
Jim McNally and USPG Portfolio Two, LLC
Cypress Bay Plaza (Proposed Parking Area)
5967 Highway 70 W., Carteret County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules'
and 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 August 1, 2018, and shall
be subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 520,978 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 of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
AUG-05-2008 TUE 1120 AM FAX NO, P. 04
State Stormwater Management Systems
Perr it Ng. MS 940112MOD
6, The following design criteria have been provided in the wet detention pond and
must be maintained at design condition:
a. Drainage Area ores:
h 12,25
Onsite,
: 533,675
Offsite, fP: None
b. Total Impervious Surfaces, ft2: 520,978
C. Design Storm, inches: 1
d. Pond Depth, feet: 8.25 (4' avg.)
e. TSS removal efficiency: 90
f. Permanent Pool Elevation, FMSL: 12.25
g. Permanent Pool Surface Area, ftz: 19,907
h. Permitted Storage Volume, ft3: 41,707
i. Temporary Storage Elevation, FMSL: 14.03
j. Controlling Orifice: 3.4'0 pipe
k. Permitted Forebay Volume, ft3: 23,050
1. Fountain Horsepower, HP 1/4
M. Receiving Stream/River Basin: Spooner Creek / White Oak
n. Stream Index Number: 20-36-10
o. Classification of Water Body: "SA;HQW"
11. 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.
Page 3 of 7
AUG-05-2008 TUE 11:20 AM FAX NO, P. 05
State Stormwater Management Systems
Permit No. SW8 940112MOD
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. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only If they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for a fountain in this pond is 1/4 horsepower.
6. 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.
7. 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.
8. 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.
9. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
10. 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 subdivision, acquisition, lease or sale of all or part of the project
area. The project area Is defined as all properly 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.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12. 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.
Page 4 of 7
AUG-05-2008 TUE 11;20 AM FAX NO. P. 06
State Stormwater Management Systems
Permit No. SW8 940112MOD
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the Permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
IiI, GENERAL CONDITIONS
This permit is not transferable 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 formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties Involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The Issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. 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.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permuted
stormwater management facility.
B. 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.
7. 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.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued th' a 1st day of August, 2008.
ROLINA EN ONMENTAL MANAGEMENT COMMISSION
for yoisen N. Sumns, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
AUG-05-2008 TUE 11:20 AM
Cypress Bay Plaza (Proposed Parking Area)
Stormwater Permit No. SW8 940112MOD
Carteret County
Designer's Certification
FAX NO. P, 07
State Stormwater Management Systems
Permit No. SW8 940112MQD
I, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page.2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL.
Signature
Registration Number
Date
Page 6 of 7
AUG-05-2008 TUE 11:20 AM FAX NO. P. 08
Certification Requirements:
State Stormwater Management Systems
Permit No. SW8 940112MOD
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,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Carteret County Building Inspections
Page 7 of 7
AvvA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross, Jr., Secretary
July 25, 2008
LETTER OF APPROVAL
USPG Portfolio Two, LLC
Jim McNally
310 S. Hamilton Rd.
Gahanna OH 43230
RE: Project Name: Parking Area Cypress Bay Plaza Express Review
Project ID: Carte-2009-002
County: Carteret, 5167 Hwy 70W, Morehead City
River Basin: White Oak Stream Classification: Other
Submitted By: Oo i pl'r 4-, i
Date Received by LQS: July 25, 2008
Plan Type: New
Dear Mr. McNally:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be
posted at the job site. This plan approval shall expire three (3) years following the date of approval,
if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at
the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic
inspection to insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is perforrpance-oriented, requiring protection
of existing natural resources and adjoining properties. If, following the commencement of this
project, the erosion and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66),
this office may require revisions to the plan and implementation of the revisions to insure
compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land-disturbing activity. This approval does not supersede any other
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone] Fax; (910)
Letter of Approval
July 25, 2008
Page 2 of 2
permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCG010000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form if
there is any change in the information included on the form. In addition, it would be helpful if you
notify this office of the proposed starting date for this project. Please notify us if you plan to have a
preconstruction conference.
Your cooperation is appreciated.
Sincerely,
1
Carol N. Miller, CPESC
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
cc: WiRO
SW
Approval Comments & Conditions:
1. This approval shall expire three (3) years following the date of approval, if no land
disturbing activity has been undertaken, as required by Title 15A NCAC 4B.0029.
2. The developer is responsible for the control of sediment on site. If the approved erosion &
erosion control measures prove to be insufficient, the developer must take those additional
steps necessary to stop sediment from leaving this site. Each sediment storage device must
be inspected after each storm event. Maintenance and/or clean out is necessary anytime the
device is at 50% capacity.
The amount of disturbance associated with this project is not to exceed 1.2 acres. If the
amount of disturbed area needs to be increased, a revised plan reflecting all proposed site
improvements must be submitted prior to starting any addition grading.