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HomeMy WebLinkAboutSW8990416_Current Permit_199911021DeDartment of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality Mr. John Malinowski, Vice President Apple Gold, Inc. 170 Wind Chime Court Raleigh, NC 27615 Dear Mr. Malinowski: • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 2, 1999 Subject: Permit No. SW8 990416 Applebee's Morehead City Offsite Stormwater Project Carteret County The Wilmington Regional Office received a complete StormwaterManagement Permit Application forAppiebee's Morehead City on November 1, 1999. 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 990416, dated November 2, 1999, for the construction of Applebee's Morehead City. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIT1990416.NOV cc: Site Development & Planning, PC Katrina Marshall, Carteret County Inspections Southstar Holdings -Morehead City, LLC Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 1 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 990416 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE STORMWATER CONTROL 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 Apple Gold, Inc. Applebee's Morehead City Carteret County FOR THE construction of impervious areas to be treated in an off -site permitted stormwater facility, in compliance with the provisions of 15A NCAC 2H A 000 (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. The stormwater runoff from the site will be routed to a a wet detention pond operated and maintained by Southstar Holdings -Morehead City, LLC under the termsrand conditions set forth in Permit No. SW 8 980429. This permit shall be effective from the date of issuance until rescinded, 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 page 3 of this permit, the Project Data Sheet. The built -upon area Allotted to this development by Stormwater Management Permit #SW8 980429 is,82,449 square feet. The project proposes 50,978 square feet. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No. SW8 990416 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Lowe's of Morehead City Permit Number: SW8 980429 Location: Carteret County Applicant: Mr. Blanton Hamilton, Member Mailing Address: Southstar Holdings -Morehead City, LLC 200 Providence Road, Suite 106 Charlotte, NC 28207 Application Date: April 17, 1998 Water Body Receiving Stormwater Runoff- Newport River (WHO 21-17) Classification of Water Body: "SA" If Class SA, chloride sampling results: 53 ppm Pond System No. Pond 1 Pond 2 Pond 3 Pond Depth, feet: 6.5 4 4 Permanent Pool Elevation, FMSL: 12 12 14 Total Impervious Surfaces, ftz: 255,600 96,268 127,470 Outparcels, #/ftz: #4 @46,174 #3 @82,449 --- Buildings, ftz: 5,989 -- 114,738 Parking/Street, ftz: 200,609 13,819 6,693 Other, ftz: 10,002 --- 6,039 Offsite Area entering Pond, ftz: None, per Engineer Required Surface Area, ftz: 13,292 8,437 11,167 Provided Surface Area, ftz: 16,446 20,164 17,567 Required Storage Volume, ft3: 20,997 7,692 10,195 Provided Storage Volume, ft3: 37,110 42,252 18,854 Temporary Storage Elevation, FMSL: 14 14 15 Controlling Orifice, pipe: 2" 4) 2.5 2" 4 3 State Stormwater Management Systems Permit No. SW8 990416 H. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Southstar Holdings -Morehead City, LLC shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and'revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access -to the outlet structure must be available at all times. 4. The permittee is responsible for keeping the collection system on the lot clear of debris. 5. Southstar Holdings -Morehead City, LLC must keep records of maintenance activities make them 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. 6. 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. SouthstarHoldings-MoreheadCity,LLCisresponsibleforproviding,priortoissuanceofaCertificateofOccupancy, and prior to operation of this permitted facility, a certification from an appropriate designer for the system installed, certifying that the permitted facility has been installed in accordance with Stormwater Permit #SW8 980429, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 8. 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. .9. This lot is limited to the amount of built -upon area indicated in the supporting calculations and per approved plans. The project must have a built -upon area less than or equal to the amount permitted under Stormwater Permit #SW8 980429. Additional built -upon area will require a modification to the overall Permit. 10. Southstar Holdings -Morehead City, LLC is responsible for verifying that the proposed built -upon area 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 permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 11. No property 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. 4 State Stormwater Management Systems Permit No. SW8 990416 12. The following items will require a modification to the permit: 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 selling of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 13. The Director may determine that other revisions to the project should require a modification to the permit. 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 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. M. GENERAL CONDITIONS 1. This permit is not transferable. in the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, 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.. 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) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, Southstar Holdings -Morehead City, LLC 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 permission for DENR Staff to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 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. Permit issued this the 2nd day of November, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMIv1ISSION ta,A_r A I A ,� Kerr T. Stevens,' Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990416 5 State Stormwater Management Systems Permit No. SW8 990416 Applebee's Morehead City Stormwater Perin itNo. SW8 990416 Carteret 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. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 0 State Stormwater Management Systems Permit No. SW8 990416 Certification Requirements: 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is `provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Katrina Marshall, Carteret County Building Inspector. VA State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, incividuaL etc. who owns the project): 2. Print Owner/Signing Official's name and- title (the person who is legally responsible for the facility and -+ , its compliance): Ln_CW5�-- i' )GCe-&,Sideif Mailing Address for person listed in item 2 above: 170 G JJ,'JD CH ,m c c� x� LC [Gk1 State:�c- Telephone Number. f 1 1 Yro `) 6_ 7 7 g,7 -7/ f • 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on Plans, specifications, letters, operation and maintenance agreements, etc.): A _ 5. Location of Facility (street address): Mai zHc+0 C ry - aunty- ' 6. Directions to facility (from nearest major intersection): — /rid I •yr�.ssr � 4 `f 7 0 X;e- A jzn V ,e. 7. Latitude: .3g91 - 26 a S QliL of tcility 8. Contact person who can answer questions about the facility: Name It L..e n A s� Telephone Number. (}/ 1 9 a5 H. PERMIT INFORMATION: 1. Specify whether project is (check one): e� New Renewal Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the eOsting Pit xn`r`ber and its issue date (if kn ..n) Form SWU-101 April 1998 Page 1 of 4 %ems. 3. =--ezi�v the tzn-e oz rrofeat (check one): Low Density High Density Redevelop 4. Additional Project Requirements (check applicable blanks): COMA Major X Sedimentation/Erosion Control IIL PROJECT INFORMATION General Permit 404 Permit Other Ofi-S1xc 1- In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Au- !,.,Pn,yi,-, SzoA.n W,t701- &-) ; is ,[d116 BRcSw�i -- 2. Stormwater runoff from this project drains to the W,417-, OAX River basin. 3. Total Project Area: l- 5 I acres 4. Project Built U ponAnea- % 7� -Z-16 5. How many drainage basins does the project have? 6. Complete the following information for each drainage basin. If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. ,�2SIi} �i]�t3iII�8t3DZI. ' Receiving Stream Name _ • l� � � _.. Cc.9PT I�cY�� Receiving Stream Class -Drainage Basin Area ES774. s� Existing Im ervi—,* Area Q Proposed Im ervious*Area % Impervious* Area (total) I � % -5 r 7 % A aus" $urface Ar£a Drarnag $astir - Izarria n-site Buildings Jib `%'O On -site Streets 0 On -site Parldng 4J �5 0 On -site Sidewalks O Other on -site / 7 Off -site Total: Itttnerninvc Orve 7c rlo9woi1 me fl.a f,..:1s --t--�"--- - - - -- •• t...•. .a• crs uk.auutrio, uui 7LUT II7nlrEa r0, DUli IIfigS, roads, parking areas, sidewalks, gravel areas, etc. - 7. How -was the off -site =qxi vious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density, projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded. Form SWU-101 April 1998 Page 2 of 4 7. How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowabIL-built-upon area for each lot must be provided as an attachment. I. The following covenants are intended to ensure ongoing compliance with state stormwater 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. 2. No more than squarefeet of any lot shall be covered by structures or impervious materials. 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. Swales 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 runoff from outparcels or future. development 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 restrictions and protective covenants for this project shall 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. SUPPLEMENT 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 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form 5WU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS 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. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item Initials • Original and one copy of the Stormwater Management Permit Application Form _*1 • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: �42ic - Development/Project name - Engineer and firm -Legend North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Mailing Address: City: Phone: ( ) VIII. APPLICANT'S CERTIFICATION State: Zip: Fax: I, (print or type name of person listed in General Information, item 2) Jokr% 1"0-WS 6 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 covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. n A A Date: ( ® -a) - C77 Form SWU-101 Version 3.99 Page 4 of 4 Permit No. State of North Carolina (to be provided by Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM OFF -SITE SYSTEM SUPPLEMENT FOR DEVELOPMENT DReJM NG TO PERMPk= OFFSITE TREATMENT SYSTEMS This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any on -site stormwater treatment systems, and plans and specifications showing all stormwater. conveyances and drainage details for the project. I. PROJECT INFORMATION (please complete the following information for your project): Project Name :A PP« _s Contact Person: Phone Number: (94 ) SYC x T1) This worksheet applies to Drainage Basin Lij -7 OA c (from Form SWU-101, Section III, item 6) Is all drainage from the project directed to the off -site system? (circle one): . Yes No II. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system that will treat runoff from your project)` Permit No. 5W O 9 S 04Z Project Name: Type of System (wet pond, infiltration basin, etc.): Wa-r Po";o Lot No. (if part of a subdivision): A11vAn4- 13U,4 s M. REQUIRED ITEMS CHECKLIST Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application. Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials Ls ozz:s , a. Copy of recorded deed restriction limiting the built -upon area on the site. L.owES Off' b. Engineers certification for the existing off -site system. k W14-,-- c. No outstanding Notices of Violation for the off -site system. 0wa -4 d. Off -site system is in compliance with their permit. Form SWU-106 August 1998 Page 1 of 2 1 IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed based on the monthly inspections. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices, and piping. 6. Swales may not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the above maintenance procedures. In addition, I acknowledge and agree that I am responsible for ensuring that the site drainage is maintained in a manner that is consistent with the approved design objectives. I agree to notify DWQ of any problems with or changes to the system, and changes in the name of the project, responsible parry, or address. Print name: Rt Ct-{AfLO &Ayers J., Address: f 76 ,,./,o 6".r," c Cr e c« , /V G R 7i�/�5_ Phone-& Jj aC o25';7 x R J Title: Caws ire% &6cj ej a. c_� Signature: Date:- Y 12 —2f I, REEECLA M chEI'TIJAW , a Notary Public for the State of K . C : , County of VJA , do hereby certify that 0C t;' WAcy s V_ , personall �� eared before me this 174-k day of A� , 19�Q ,and acknowledge the due,.nforgoing infiltration system maintenance requirements. Witness my hand and official seal, �� y 8699068 -� 1 c4UNTi0;eo�• Form SVM-106 August 1998 Page 2 of 2