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HomeMy WebLinkAbout20090157 Ver 1_More Info Received_20090601o9-0 isq SEGO Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Transmittal Letter Date: 29 May 2009 To: Mr. Ian McMillan Of: DWQ/401 Oversight Express Review Permitting Attached you will find:* SEGi Project #. 04-202.01 Clent Name, Mr. Wllllam H. Smith USACOE Action ID#: 20D4-1149-065 1 JUN 2009 WAT WET(gND$?iRyp STORE EiR BRANCH ? Proposal ? Sketch(es) ? Permit ? Signed Wetland Map ? Photo(s) ? JD Package ? Report(s) ? Plans ® Information Request ? Other Copies Dated Description 1 05/29/09 Response to Comments from Stormwater Unit 'it noted items are NOT attached, please contact our office. These are being delivered: ® For your Review/Comment ® For your Records ? Returned for Correction(s) ? Corrected and Returned ? For your Signature ? As Requested ? Other: By: ® Hand Delivery ? Fed-Ex ? UPS ? Regular Mail ? Other Notes: Ian: Attached is SEGi's response to comments received from DWQ's Stormwater Unit on 06 March 2009. We apologize for the delay in our response - we have been attempting to obtain information from outside sources, which took longer than anticipated. This information is being provided to your office in an effort to ensure all regulatory agencies receive the same information pertaining to this project. Please review the attached documentation, and feel free to contact my office with any questions or concerns at 910.452.2711. Thank you, in advance, for your time and consideration. Signature and (Typed) Name: 7 v,c , Amanda L. Kolb Date: 29 May 2009 joutkern Environmental Group, Inc. 5515 South College Koacl, juite E_ - Wilmington, North Carolina 28+12- 910.-+52-271 1 - Fax: 910.452.2899 • of ice@segi.us www.segi.us (' t ? 29 May 2009 Q@ L4 J!P Hand Delivery JUN 1 2JQg WETLANDS AND STORE TER BRANCH N.C. Division of Water Quality /Stormwater Attn: Ms. Kelly Johnson 127 Cardinal Drive Extension Wilmington, NC 28405-5406 Re: 421 Truck Stop Expansion Project [SEGiProject#: 04-202.01] Wilmington, New Hanover County Response to Comments (Stormwater Permit # SW8 900421) Dear Ms. Johnson: This letter is in reference to the proposed expansion of an existing truck stop facility, located at 1610 US Highway 421 North in Wilmington, New Hanover County, North Carolina. Southern Environmental Group, Inc. (SEGi) has been retained by Mr. William H. Smith, the owner and Applicant, to address all comments listed within a letter received from the Division of Water Quality's (DWQ) Stormwater Unit. Please see below: 1. State Stormwater Permitting Process: a.) Rules Subject: This facility was originally issued a State Stormwater permit in 1990. The site drains to the Northeast Cape Fear River, Stream Index Number 18-74-(61), classified SC; SW in the Cape Fear River Basin. The facility will need to modify its existing high density State Stormwater permit to accommodate the expansion. The area of the site that is currently permitted under SW8900421 will continue to be permitted under that permit. The area that will be added due to the expansion will be added to SW8900421. However the new area will be subject to 15A NCAC 02B .1000 with the effective date of October 1, 2008, and SL 2008-211. A modification to the entire existing Stormwater design will be applied for by Coastal Site Design, PC. The new design has been procured to handle all stormwater associated with the site. The proposed modification to the existing design will require the removal of the Vortechs system and seven sand filters. The new plan calls for the use of multiple sand filters and vegetative filters. The Applicant is proposing to regrade a portion of the existing site, eliminate the existing sand filters on-site, and install two larger 5r-6i sand filters, which will address the increase in impervious surface area on the subject parcel. According to the engineer, State Stormwater requires vegetative filters to serve as an off-line bypass, so when the storage pipes are full, there is an outlet for the water to discharge. The discharged water must be conveyed through a vegetative filter to assist with pollutant removal. The vegetative filters aide in removing pollutants from water that is not being conveyed through the sand filters. The vegetative filters will be raised one to two feet above the existing wetlands and the raised filters will be planted with grass, to assist in pollutant removal (see Attachment A). b) Density Determination: The facility is currently operating under a high- density permit due to the amount of built-upon area and due to the presence of a piped collection system. An initial review of the materials provided indicates that this modification will likely be required to be permitted as high-density. High- density permits required structural stormwater best management practices (BMPs) to treat the effluent. Examples of stormwater BMP options include wet ponds and infiltration basins. Pursuant to the requirements of the State Stormwater Program, the modified stormwater plan implements Stormwater BMPs . The BMPs which will be put into place include sand filters and vegetative filters. According to the NC DENR Stormwater BMP Manual, underground sand filters are useful on sites where space is limited. They are highly effective at filtering total suspended sediment. Perimeter sand filters are useful for small sites with flat terrain or high water table, which are all characteristics of the subject parcel. The NC DENR Stormwater BMP Manual states that the use of vegetative filters as stormwater controls can reduce pollutants such as sediment and organic matter. Vegetative filters can slow the velocity of water and promote infiltration. Stormwater BMP Options: The site is currently permitted with seven sand filters and one Vortechs Stormwater Treatment System Unit. The Vortechs unit was permitted as one of five innovative projects in the Wilmington Region. The permit requires that the permittee conduct quarterly monitoring and submit monitoring reports regarding the function of the Vortechs unit. To date, none of the required monitoring reports has been submitted. The Division conducted an initial inspection on February 10, 2009. Staff inspected sand filters and observed manholes on-site, but were not able to enter the manhole(s) to inspect the Vortechs unit. The owner will receive a Notice of Inspection (NOI). A follow up SEGO inspection will be scheduled to observe the Vortechs unit and to determine if it is in compliance. If the unit is not in compliance with the permit, a Notice of Violation (NOV) will be issued. In instances where applicants request modifications to permits that are not in compliance, the Division will review the application to determine if the facility can be brought into compliance under existing conditions with existing equipment. If this is not the case, the Division may require alternate treatment. In this instance, the Division may reconsider the use of the Vortechs unit an require an alternate BMP. It is SEGi's understanding that the stormwater permit, issued 02 September 2003, was applied for, and issued to, Mr. William A. Ambrose, Executive Vice President of the Worsley Companies (See Attachment B). A review of the issued permit, and the original permit application, provided verification that Mr. William H. Smith, the property owner, was not listed, nor copied, on either document. The stormwater permit application has Mr. Ambrose listed as the "Applicant (name of the corporation, individual, etc., who owns the project)". Mr. Ambrose is also listed as the "person legally responsible for [the] facility and compliance" (See Attachment Q. Therefore, it is SEGi's understanding that Mr. Ambrose, or one of his constituents, should have been performing the required monitoring of the Vortechs system and the seven sand filters. SEGi contacted the Worsley Company and was informed that Mr. Ambrose is no longer employed by the company. SEGi advised the Worsley Company of the stipulations associated with their issued stormwater permit, and the fact it appeared they may be in non-compliance, to which the Worsley Company replied they would work on obtaining the information requested by the DWQ Stormwater Unit. Since that phone conversation, SEGi understands that the Worsley Company has hired a firm to provide data regarding the project, as it relates to the Stormwater permit issued to the Worsley Company. However, SEGi is not privy to that information, and we hope the DWQ Stormwater Unit will contact the Worsley Company to obtain that data, and any other requirements of that permit. Since the Stormwater permit was issued to Mr. Ambrose, of the Worsley Company, SEGi believes our client, who has stated that he was not aware of the permit modification, or the permit application, should not be penalized for the Worsley Company's compliance, or non- compliance, with the permit conditions. Our client, Mr. Smith, has contracted a new engineer, Coastal Site Design, to redesign the system, which will address the increase in impervious surface associated with the proposed truck stop expansion. The redesigned system 5r-GI has eliminated the need for the Vortechs system and the seven sand filters. The modified plan calls for the use of sand filters and vegetative filters, which have been discussed throughout this response letter. 2. Reverse Osmosis effluent: On July 25, 2008 the Division received a letter from Worsley Operating Corporation regarding NPDES permit N00065307. This letter informed the Division that, "A Sludge Management Plan for the permit renewal is not required as [Worsley Operating Corporation] will be discharging backwash water from the site's reverse osmosis system into the stormwater system." Please be advised that draining Reverse Osmosis (RO) backwash to the stormwater treatment system is not acceptable. RO backwash is wastewater. Wastewater discharge is not covered under stormwater permits issued under 15A NCAC 02B .1000 or SL 2008-211. If RO backwash is currently being discharged, it is doing so in violation of the facility's stormwater permit and may be subject to penalties. RO backwash discharge will not be covered in the stormwater permit modification. Again, Mr. Smith, the property owner, was unaware that the Worsley Operating Company submitted a modification to the existing NPDES Permit N00065307, and was also not aware the the proposed modification would be in violation of the facility's approved NPDES permit. SEGi has contacted the Worsley Operating Company and informed them that their proposed modification to the existing NPDES permit may constitute a violation. SEGi was informed that the Worsley Operating Company would contact the DWQ Stormwater Unit to determine an appropriate course of action to rectify the situation. SEGi has attempted to communicate with the Worsley Company, but unfortunately, SEGi has been unable to obtain any of the Worsley Company's data. It is SEGi's sincere hope that Mr. Smith, our client, will not be penalized for the alleged failure of a permit holder who was issued a permit, without the property owner, our client, being aware of the permit application or issuance. Please feel free to contact the Worsley Company, at 910-395-5300, regarding the alleged violation of the stormwater permit and the alteration to the NPDES permit. For clarification of the statements mentioned above, please refer to the following documentation attached to this correspondence: A. Cross-sectional drawing, produced by Coastal Site Design, which depict locations of proposed stormwater management facilities; B. Stormwater Permit SW8 900421 Modification, issued to Mr. William A. Ambrose on 2 September 2003; and, sr-GI C. Stormwater Application, submitted on behalf of Mr. William A. Ambrose on 23 August 2002. It is SEGi's sincere hope that the submittal of the responses above, and the documentation attached, will satisfy the concerns voiced by the DWQ Stormwater Unit. If you have any remaining questions or concerns, please feel free to contact me via telephone at 910.452.2711, or email, at amanda(a,se i.us. Thank you for your time and consideration with regard to this project. Sincerely, Amanda L. Kolb Environmental Consultant Enclosures: (3) cc: Ms. Emily Hughes (USACE) Mr. Stephen Rynas (DCM) Mr. Chad Coburn (DWQ) Mr. Ian McMillan (DWQ) =162*4- n •Nd LUM1NY0 IL WO swvm3hl su V) In gy s z YNIIONYO HLIpN =!,o C) A1NY100 d1310NYN AI3MI 9-1 L.LJ ?o/ ° L!; NVIYNJ10OS Nou03s ssoa0107 sNOw O z z z r e I I I I ??? ; v v > n \ I ?` I ? I I i i I I I y \ : / Q I \ _ wy '^ VJ V J c3 V < < I.- O M ? ? J O^i 3 M I R. ? 7 y "I T .I ? I 11 N ? I O II O i 1i I < i W i Yd Ls i I I I I I : I I : f? I I I? ?z a?z 3 „f S, ti.69 s ?' u r ? i I I I i ?i II ilk I? l I \A Ir x ? ? 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I ? I I I ! • O 0 :R o O ? O O I I i I II I I I I I I I I I I I i ' I I I T ? I I T I T I T ! 0 ? C'V)YYnex-'k -b NOV.20.2006 1:16PM NCDENR WIRO 1`10.524 P.2 0? WATk;71 Michael F. Easley, Govemor O .J)Iliam G. Ross Jr. Secretary North Carolina Department of Environment and Natural ?tesources p -? Alan W. Igimek, p,E.,Director Division of Water Quality Coleen H. Sullins' De uty Direddr Division of plater Quality September 2, 2003 Mr. William A. Ambrose, Ex. Vice President Worsiey Companies PO Box 3227 Wilmington, NC 28406 Subject: Stormwater Permit No. SW8 900421 Mod. Scotchman Store #303 High Density Project New Hanover County Dear Mr. Ambrose: The Wilmington Regional Office received.a com lets, Management Permit Application for Scotchman tore #303 oen A49uust 29,2003. Sta review of the plans and Specifications has determined that the? prol?ect a ff comply with the Stormwater Regulations set forth in Title 1SA NCAC ' s pro?ppoosed, will forwarding Permit No, SW8 900421 dated September 2, 2003, for the consstOruuctio a are the subject project. n of This permit shall be effective from the date of Issuance.until September 2, 2013, and shall be subject to the conditions and limitations as specified therein, Please special attention to the Monitoring requirements,. and the Operation and Maintenance requirements in this permit Failure to establish an adequate system for monitoring, operation and maintenance of the stormwater management system compliance problems. will result in fure If any parts, requirements, or limitations contained in this permit are unacce table' have the right to request an adjudicatoty hearing upon within P YOU days following receipt of this pennk This renest mast bein thef request of a riittte?'?g) petition, conforming to Chapter 1505 of the North Carolina General Statutes, with the Office of Administrative Hearings, P.O. Drawer 274,47, Raleigh, NC 2761 led 7447. Unless such demands are made this permiti shall be final and binding. If you have ant, questions, or need additional information concernin this contact Linda wis, or me at (910) 395-3900, g matter, please Sincerely, l„ Rick Shiver 1 RSS/ed: SAWQSISTORMWAT1PERiyliT1900Wq Water Regional Supervisor cc: Richard Collier, P.E., McKim and Creed Tony Roberts, New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Linda Lewis Wiimingg??on Regional office Centrallles N. C. Division of Water GuaGry Wilmington Regional oMm 127 Cardinal Drive Extension (010)305-3900 ' Wilmington. NC 2W5 Customer Service (gi0) 350.200a Fax 16130 823-7745 Nina NOV.20.2006 1:16PM NCDENR WIRO 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 GRANTEO TO William A. Ambrose, Ex. Vice President, Worsley Companles Scotchmen Store #303 New Hanover County FOR THE construction, operation and maintenance of 7 sand filters and one Vortechs Storrmwater Treatment System Unit in compliance with the-provisions of 15A NCAC 2H .1000 (hereafter ref erred to as the '"sto?tnwater rulesl and the approved stonnwater 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 September 2, 2013, 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 on pages 4, 5 and 6 of this permit, the Project Data Sheets. The stomtwater controls have been designed to handle the runoff from 69,240; 800;1,400;1200; 15,500; 4,300; 3,400; and 2,400 square feet of impervious area, respectw;ly. 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 stonnwater collection and treatment systems must be located per the approved plans. 5. The runoff from all built-upon area within the permitted drainage areas of this project must be directed into the appropriate permitted stormwater control system, per the approved drainage area plan.A permit modification must be submitted and approved prior to the construction of additional built upon area from outside of the approved drainage area. NO. 524 P.3 State Stormy-•er Management Systems Permit N, 3W8 900421 Modification 2 NOV.20.2006 1:17PM NCDENR WIRO NO.524 P.4 State Storm, w Management Systems Permit No. SW8 900421 Modification 6. Each sand fitter consists of a sediment chamber and a sand chamber. The sand depth shall be a minimum of 18". 'Runoff is designed to sheetflow over the grated side of the filter into the sediment dhamber to settle large solids. The runoff will then flow over weirs cut into the wall at the approved elevations, into the sand chamber for treatment. A minimum 6" orifice shall be provided at the bottom of each sand chamber to allow the treated runoff to be discharged. 7. The Vortechs Stormwater Treatment unit must be designed! S? ed and installed per Vortechs specifications to achieve a minimum a5% TSS removal efficiency. 8• Quarterly monitoring of the outflow from the Vortechs Unit is required. See Section IV of this permit for speclfic monitoring requirements. 9. In the event that the Vortechs Unit fails to function as required, or to meet the 85% TSS, removal efficiency minimum, the sytem shall be replaced by other permittabie stormwater management measures, such as a sand filter. 10. Drainage Area #3 consists of the area by the diesel pumps and is served by an Oil/Water Separator, not covered by this permit. 3 NOV.20.2006 1:17PM NCDENR WIRO NO.524 P.5 } State Stormy' ' 3r Management Systems Permit Nc,. -.,W8 900421 Modifcation DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Scotchman Store #303 Permit Number: SW8 900421 Mod. Location: New Hanover County . Applicant: William A. Ambrose, Exec. Vice President Mailing Address: Worsley Companies PO Box 3227 Wilmington, NC 28406 Application Date: August 29, 2003 Receiving Str+eamtRiver Basin: N.E. Cape Fear River / Cape Fear Stream Index Number: CPF1718-74-61 Classification of Water Body: "SC Sw" System Number: 2 4 5 ' 6 Design Storm: 1" 1" in Drainage Area,.: 't t`- 800 1400 800 1 1200 15500 e, f ns Offske, f?: 400 0 0 1200 0 15500 0 Total Impervious Surfaces, ft7: 800 1400' 1200 15500 Filter & Sed. Chamber Depth 18" 18" 18" 18" Filter & Sed. Chamber Length: 10' 10' 10' 90' Filter & Sed. Chamber Width: 18" 18" 18" 18" ' TSS removal efficiency: 85% a 30' filter is required. however, due to site constraints, one will not be constructed Top of sand elevation, FMSL: 4.7 4.7 4.7 5.3 Permitted Surface Area, ft2: .30 30 30 270 Permitted Storage Volume, ft3: 45 45 45 405 Weir Elevation to Sand Filter, FMSL: 4.45 4.45 4.45 5.05 Outlet Orifice: 6" ? 6" ? 6"o 6"0 4 NOV.20.2006 1:17PM NCDENR WIRO NO.524 P.6 State Stormy-er Management Systems Permit NL 3W8 900421 Modification DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Scotchman Store #303 Permit Number: SW8 900421 Mod. Location: New Hanover County Applicant: William A, Ambrose, Exec, Vice President Mailing Address: Worsley Companies PO Box 3227 Wilmington, NC 28406 Application Date: August 29. 2003 Receiving Stream/River Basin: N.E. Cape Fear River / Cape Fear Stream Index Number: CPF1 7 18-74-61 Classification of Water Body: "SC Sw" System Number. 7 8 9 Design Storm: 1" 1 ° 1 • Drainage Area, , 30 3400 240 Onsite, Offshe, ft2: 4 0 0 Q 0 Total Impervious Surfaces, 112: 4300 3400' 2400 Filter & Sod, Chamber Depth: 18" 18" 18" Filter & Sed. Chamber Length: 35' 35' 25' Filter & Sed. Chamber Width: 18^ 18" 18« TSS removal efficiency: 85% a 30' filter is required , however, due to site constraints, one will not be constructed Top of sand elevation, FMSL: 4.9 5.2 5.45 Permitted Surface Area, f i2: 105 105 75 Permitted Storage Volume, ft3: 157,5 157.5 112.5 Weir Elevation to Sand Filter, FMSL: 4.65 4.95 5.2 Outlet Orifice: 6°0 6°? 6"+ 5 NOV.20.2006 1:17PM NCDENR WIRO NO.524 P.7 State Storm- `er Management Systems Permit N- SW8 90042 Modification DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Permit Number. Location: Applicant: Mailing Address: Application Datd: Receiving Stream/River Basin: Stream Index Number Classification of Water Body: System Number Design Storm: Drainage Area,: Onsite, ft`. Offsite, ft2: Total Impervious Surfaces, ft2: Model Number. Expected TSS Removal Efficiency: Design Ratio: Runoff Coefficient Scotchman Stone #303 SW8 900421 Mod. New Hanover County William A. Ambrose, Exec, Vice President Worsley Companies PO Box 3227 Wilmington, NC 28406 August 29, 2003 N.E. Cape Fear River / Cape Fear CPF1718-74.61 "Sc Sw" Vortechs Unit 1" 59,240 559,240 59,240 Model 5000. 89% 14.3 0.9 6 NOV.20.2006 1:17PM NCDENR WIRO NO.524 P.8 State Stormv, '°r Management Systems Permit NL_ jW8 900421 Modification II. SCHEDULE OF COMPLIANCE 'i . The stormwater management system shall be constructed in its entirety, vegetated and operational for Its Intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately, 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at 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 liMheeddth: a. Semiannual scheduled inspections (every 6 months), b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas, e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. 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 DWO. The records will Indicate the date, activity, name of arson performing the work and what actions were taken. Documentation ofthe Wrtechnics Unit inspections and maintenance shall be made on the forms provided by the company, copy attached. 5. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. The facilities shall be constructed as shown on the approved plans. 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. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted faculty, a certification must be received from an appropriate designer for the system installed certifying that the permitted facil has been installed in accordance with this permit, the appproved plans and specs ications, 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. 7 NOV.20.2006 i:18PM NCDENR WIRO ' NO. 524 P.9 State Storrrr, "'or Management Systems Permit N. aW8 900421 Modification 8. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 10. The permittee shall submit to the Director and shall have received approval for revised plans, sp below ecifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited tel those listed : 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, or sale of all or part of the project area. The project area is defined as all property owned by the permitter, for which Sedimentation and Erosion Control Plan approval or a LAMA Major permit was sought. f. illing 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. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the ermittee for a minimum of ten years from the date of the completion of construction. 13. The permittee must maintain compliance with ,the proposed built-upon area and ensure that the runoff from all the built-upon is directed into the permitted system. 14. 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 Qermittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copes of revised plans and certification in writing to the Director that the changes have been made. 15. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. III. MONITORING REQUIREMENTS 1. The permittee shall submit a monitoring plan to the DWQ for approval within 60 days of receipt of this permit, for the Vortechs Unit. 2. Quarterly monitoring of both influent and effluent is required. Samples shall consist of a grab sample of the first flush (within the first 15 minutes of discharge from the unit and flo-paced composide samples collected, at a minimum over the first three hours of the event. NOV.20.2006 1=18P11 NCDENR WIRO' 110.524 P.10 State Stormwr `-r Management Systems Permit No. N8 900421 Modification 3. Samples must be collected in each of the four seasons. Monitoring parameters shall include the following at a minimum. Additional parameters may be added on a case-by-case basis, to address water quality Issues in the area. a. Total Suspended Solids b. Oil and grease c. TKN d. Ammonia Nitrogen e. Nitrate-Nitrite , f. Total Phosphorous g. Total Coliform ° h. Fecal Coliform 1. Enterococcus j. Flow 4. The storrh event date, total rainfall and duration must be recorded for both the storm event prior to the sampled event and the sampled event. 5. All samples shall be collected from a representative storm event. A representative storm event is an event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours during which no storm event measuring greater than 0.1 inches has occurred, A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing a collectible discharge, and then stops, a sample may be collected if a rain protfucing discharge begins again within the next 10 hours. 6. The permittee shall split samples with DWQ for at least two events during the first year after the Vortechs unit is installed. The ppermittee shall notify the Division as soon as possible of their intent to provide split samples. 7. Within 30 days of receiving laboratory results, the permittee shall submit copies to the Division of Water Quality, Stormwater and General Permits Unit,16T7 Mail Service Center, Raleigh, NC 27699-1617. All data submitted must reference the project name, location and permit number. 8. The permittee may petition to have the monitoring requirements modified, reduced, or eliminated only after 10 valid monitorial events for 10 different storm event have been submitted for the system, during the course of a full year. Modification shall be determined on a case-by-case basis. 9. An annual report shall be submitted by March 1 of each year. The report shall document the inspection, maintenance. and monitoring activities performed during the previous calendar year, and summarize overall system performance. The annual report shall be submitted to NCDENR-DWQ, Stormwater and General Permits Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617, IV. GENERAL CONDITIONS 1. 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 penmittee 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. NOV.20.2006 1:18PM NCDENR WIRO NO.524 P.11 State Storm- 'ter Management Systems Permit N. _ SW8 900421 Modification 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 Qual'y 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) which have 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 permitted stormwater management facUity. 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 terrnination 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. B. 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 this the 2nd day of September, 2003. , NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r Az D A I-On Alan Klimek ,-P.E; Director Division of Water Quality BY Authority of the Environmental Management Commission 10 - t-,aclnmexnk C-AIL 0 1:19PM NCDENR WIRO NO.524 P.12 OFFICF USE ONLY Date Received Fee Paid 13..,,.14,,. Ole; State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMEN'X' PF T APPLXCATxON FORM This form may be photocopied for use as an original 1. G1ENERAL INFORMATION: 1. Applicant's name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/ Signing Official's name and title (the person legally responsible for facility and compliance): William A. Ambrose, Executive Vice-President 3. Mailing Address for person listed in item 2 above: 10 South Cardinal Drive, PO Box 3227 City: _wilmington state: NC Zip: 28446 Telephone Number: 910-769-2442 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specificati ns, letters, operation and maintenance agreements, etc.): S. Location of Pxojeet (street address): of US 421 and YTS 11 City: County: New Hanover 6. Directions to project (from nearest major intersection): The intersection of US 421 and US 117 7. Latitude: _ 77 degrees 57' 10" W Longitude: 34 degrees 1S' 10" N of project 8. Contact person who can answer questions about the project: Name: Gregory J. Hetzler, PE Telephone Number: (910) 343-1048 II. PERMff INFORMATION; 1. Specify whether project is (check one): New Renewal X Modification Form: SWU-101 Version 3.99 S:1083710011140 PermitslStormw4ter Mgmt Permit .doe Page 1 of 4 M NOV.20.2006 1:19PM NCDENR WIRO N0.524 P.13 Receiving Stream Name Ca Fear Cape Fear Receiving Sircam Class C, NSW C. NSW Drainage Area 1.36 so (59,259 sp 0,02 ac (800 af) Existing Impervious Area Proposed Impervious Area 1,36 0.02 Impervious Area 100 100 On-7 7 On- Qt?- 1. 59 2.'i R40 Ai&- bQ On-site Sidewalks Other on-site Off-site Total: 592 AOL., Total: Z 00 Receiving Suram Name Cape Fear Cape Fear Receiving Sir= Class C, NSW C, NSW Arainage Area A- 0.12 ac (3434st) 5220 0.03 so (+ff-at) jq<V Bxisting hupervious Area Proposed Impervious Area 5220 W !Pemous Ares, 100 100 On-site Buildings On-site Streets On-site Parldug ' 5,210 A40- 42*4 1 Ou-sits Sidewalks Other on-site Off'-site Total: S 220 AA., Total: PEV-P 1 400 AV- Impervious area is defined w the built upon area including, but not Knifed to, buildings. roads, parking areas, Sidewalks, gravel areas, etc. 7yp?'c.21 ch s I i'cz}?bn en 9-2.03 b moth up Ib dr2ina??rd,?,s ?? cal?u(2?'vn5. NOV.20.2006 1:19PM NCDENR WIRO NO.524 P.14 Receiving stream Nano Cape Fear Cape Fear Receiving Stream Class C NSW C, NSW Drainage Area. 0.03 no (1,250 efl 0.36 ac sfl15 ? Existing Impervious Area Pr oposed bWervions Area -146 , tZQO 44 .3 en vious Area % 100 100 iags ts ng 70n-sSidewaW alks Total; I MPervtous area is defined as the built upon area including, but not limited to, b uildings. roadg_ mrklno .,"aw McWautc, gravel areas, do. NOV.20.2006 1:19PM NCDENR WIRO NO.524 P.15 Receiviug Stream Name e Fear 7 ing stream class C, NSW ge Area 0,06 ac (;s;$#-si) j Existing Impervious Area Pr osed Impervious Area 1 4 ,0(v +-M- % Impervious Area 100 On-site Buildings On-site Streets On-site Parking On-site Sidewalks Other on-site o$-site Total: Total: *fmDerVlOUS area is defined as the built upon area including. but not limited to. b uildino. roads rarklniz area. sidewalks, gravel areas, etc. 1 NOV.20.2006 1:20PM NCDENR WIRO NO. 524 P.16 7: How was the off-site impervious area listed above derived? NIA M_ DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outpareels 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. 1. The following covenants are intended to ensure ongoing compliance with state sior mwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. Z No more than square feet of any lot shall be covered by structures or impervious mater'ials..Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools 3. S vales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted rune from outparcels or future developments shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restdction5 and protective covenants for this project sball include all the applicable items required above, 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. SUPPLMVWT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BUT specified for this project. Contact the Stormwater and General Permits Unit at (919) 733.5083 for the status and availability of these forms. Form SWU-102 Form SWU-I03 Form SWU-104 Form SWU'-I05 Form SWU 106 Form SWU-107 Form SWU-108 Form SWY.] 109 In Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off-Site System Supplement Underground Infi4tration Trench Supplement Neese River Basin Supplement novative Best Management Practice Supplement VI. SUBMITTAL REQUIItEMEMS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Form: SWU-101 version 3.99 S:1083710011140 Permits\Stormwater Mgmt Permit .doc Page 3 of 4 NOV.20.2006 1:20PM NCDENR WIRO • Original and one, copy of the Stormwater Management Permit Application Form NO. 524 P.17 7. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of 5420 (payable to NCDENR) • Detailed narrative description of stortnwater treatment/ management: Two copies of plans and specifications, including: - Development/Project name ? Engineer and fm / - Legend ? -North arrow / - Scale / - Revision number & date - Mean high water line r - Dimensioned property/ project boundary J' - Location trap with named streets or NCSR numbers r' - Original contours, proposed contours, spot elevations, finished floor elevations ? - Details of roads, drainage features, collection systems, and atormwater control measures - Wetlands delineated, or a note on plans that none exist peo' - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated ? Vegetated buffers (where required) r V M AGENT AUTHORMAITON V ./ 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): McKim & Creed, P. A. Mailing Address: 243 N. Ikont Street City: womington , - State: NC Zip: 28401 Phone: _ (910) 343-1048 Fax: (910) 251-8282 VIU. AMICANTIS CERTIFICATION I, (print or type name ofperson listed in CeneralInformation, item 2) W 11I 2M A. Alnbros_ certify that the information included on this 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 coven is will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H.1000. -A Signature: e Date: f, 7. & %... Form: SWU-101 Version 3.99 S:\0837\0011\40 Permits\Stormwater Mgmt Permit doe • Page 4 of 4