Loading...
HomeMy WebLinkAboutSW8080527_HISTORICAL FILE_20100625STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO I SW8 070 5Z1 DOC TYPE I ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE I 2 o► O O lq 2 5 YYYYMMDD A�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor June 25, 2010 Dr John D Ward, Manager/Member BR & JD Leasing, LLC 343 Whiteville Road Shallotte, NC 28459 Division of Water Quality Colleen H Sullins Director Subject State Stormwater Management Permit No SW8 080527 Modification With a name/ownership change Family Entertainment Center of Shallotte High Density Commercial Wet Pond Project with Off -site Parcel Brunswick County Dear Dr Ward Dee Freeman Secretary The Wilmington Regional Office received a request for Modification to the State Stormwater Management Permit Application for Family Entertainment Center of Shallotte on June 8, 2010 with additional information submitted on June 22 and 24, 2010 Staff review of the plans and specifications has determined that the protect, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 080527 modification dated June 25, 2010, for the construction and operation of the subject protect This modification changes the name of the permittee from East Coast Entertainment, corrects the drainage area to include the off -site parcel and future areas, and adds the pond area to the permit area This permit shall be effective from the date of issuance until December 17, 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 parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adtudicatory 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 150E 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 me at (910) 796-7215 Sin c rely, p eorgette Scott Stormwater Supervisor Division of Water Quality GDS/min S\WQS\STORMWATER\PERMIT\080527modfun10 cc Comer Lyons, PE, Cape Fear Engineering, Inc, 910-383-1044, fax 1045 Brunswick County Inspections Brunswick County Engineering Wilmington Regional Office Stormwater File, MJ Naugle Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 One Phone 910 796 72151 FAX 910 350 2004 \ Customer Service 1-877-623-6748 NorthiCarolma Internet vvwry ncwaterquality org Naturally An Equal Opportunity\ Affirmative Action Employer State Stormwater Management Systems Permit No SW8080527 Mod STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO BR & JD Leasing, LLC Family Entertainment Center of Shallotte 349 Whitewlle Road — NC Hwy 130, Shallotte, Brunswick County FOR THE Construction, operation and maintenance of one (1) wet detentionpond in compliance with the provisions of Session Law 2008-211 and 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 aid 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 December 17, 2018, and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data This modification changes the name of the permittee from East Coast Entertainment, corrects the drainagearea to include the off -site parcel and future areas, and adds the pond area into the permit area 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 17 of this permit The stormwater control has been designed to handle the runoff from 345,431 square feet of impervious area, of which 100,000 square feet is for future development and 35,545 square feet is allocated to Outparcel #1 on Permit Number SW8 100603 3 The tract will be limited to the amount of built -upon area indicated in Section 17 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 6 The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters Page 2 of 10 State Stormwater Management Systems Permit No SW8080527 Mod The following design criteria have been provided in the wet detention pond and must be maintained at design condition a Drainage Area, acres 122 Onsite, fe 284,808 Offsite, fly 246,624 b Total Impervious Surfaces, fe 345,431 Buildings, ftz 50,000 Roads/Parking, ff 159,886 Sidewalk & Concrete, fe 0 Outparcel #1, ff 35,545 (see SW8 100603) Future, ff 100,000 c Average Pond Design Depth, feet 50 d TSS removal efficiency 90% e Design Storm, inches 1 5 f Permanent Pool Elevation, FMSL 55 g Permanent Pool Surface Area, ff 26,889 h Permitted Storage Volume, ff 45,401 r Storage Elevation, FMSL 7 I Pre-dev 1 year 24 hour rate, cfs 21 k Controlling Orifice YO pipe I Permanent Pool Volume, ff 136,905 m Forebay Volume, ff 26,588 n Maximum Fountain Horsepower '/2 HP o Receiving Stream / River Basin Mulberry Branch / Lumber p Stream Index Number 15-25-2-7 q Classification of Water Body "C,SW' II SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the crostruction of any built -upon surface During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 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 strip 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, level spreader, filter strip, catch basins and piping g Access to the outlet structure must be available at all times Records of maintenance activities must be kept for each permitted BMP The records will indicate the date, activity, name of person performing the work and what actions were taken Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate easements at all times 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 Page 3 of 10 State Stormwater Management Systems Permit No SW8080527 Mod 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 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 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 Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc Protect name change Transfer of ownership Redesign or addition to the approved amount of built -upon area or to the drainage area Further subdivision, acquisition, lease or sale of all or part of the project area The protect 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 Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 10 The Director may notify fie 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 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 at all times 13 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 14 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be revived 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 15 Records of maintenance activities must be kept by the permittee The records will indicate the date, activity, name of person performing the work and what actions were taken 16 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 Page 4 of 10 State Stormwater Management Systems Permit No SW8080527 Mod 17 Prior to issuance of an out parcel permit, the stormwater facilities will be inspected by DWQ personnel The project and the stormwater facility must be in compliance with all permit conditions Any items not in compliance must be repaired, replaced or restored to design condition prior to issuance of future permits or modifications Records of maintenance activities performed to date will be required 18 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 080527 Modification, 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, Divisionof 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 is as listed below and as shown on the approved plans Area BUA Onsite Area 209,886 sf Outparcel #1 35,545 sf for Permit No SW8 100603 Future Development 100,000 sf This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the rightof-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 surfa:e of swimming pools g All runoff on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which dram 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 h Built -upon area in excess of the permitted amount will require a permit modification i Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot d If permeable pavement credit is requested, the poperty owner must submit a request, with supporting documentation, to the permittee and receive approval from DWQ prior to construction of BUA 19 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 Page 5 of 10 State Stormwater Management Systems Permit No SW8080527 Mod 20 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 foot 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 this pond is'/z HP III GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director At least 30 days prior to a change of ownership, or a name change of the permittee orof the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form, to the Division of Water Quality, accompanied by the supporting documentation as listed on the form The protect must be in good standing with the Division The approval of this request will be considered on its merits and may or may not be approved 2 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request Nether the sale of the protect area in whole or in part, nor the conveyance of common area to a third party shall constitute an approved request to transfer the stormwater permit 3 Failure to abide by the conditions and limitations contained in this permitmay subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 4 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction 5 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 6 The permittee grants DENR Staff permission to enter the property diring normal business hours for the purpose of inspecting all components of the permitted stormwater management facility The permit issued shall continue in force and effect until revoked or terminated The permit may be modified, revoked and reissued orterminated for cause The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H 1000, and NCGS 143-215 1 et al Page 6 of 10 State Stormwater Management Systems Permit No SW8080527 Mod 10 The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate documentation and the processing fee Permit issued this the twenty-fifth day of June 2010 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION forColeenSector Division of Water Quality By Authority of the Environmental Management Commission Page 7 of 10 State Stormwater Management Systems Permit No SW8080527 Mod Family Entertainment of Shallotte Stormwater Permit No SW8 080527 Modification Brunswick County Page 1 of 2 Designer's Certification 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 Owner) hereby state that, b the best of my abilities, due care and diligence was used in the observation of the protect 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 Signature Registration Number Date SEAL Page 8 of 10 State Stormwater Management Systems Permit No SW8080527 Mod 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 protect 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 shortcircuiting of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required draw down 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 Brunswick County Building Inspections Page 9 of 10 State Stormwater Management Systems Permit No SW8080527 Mod Master Permit No SW8 080527 Modification Lot# from Master Permit Drams to Pond # Offsite Permit No Date Issued Offsite Project Name Allocated BUA (sf) Proposed BUA 1 1 SW8 100603 June 25, 2010 First Bank of Shallotte 35,545 sf 35,545 sf Future 1 Future Future Future 100,000 sf future Page 10 of 10 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I CURRENT PERMIT INFORMATION 1 Stormwater Management Permit Number SW 8 o8o052-- 2 Project Name t bM��M Eevr�¢ rA�Nn�Enrr ce,..cc�z oG sAA iv-c-cE 3 Current Permit Holder's Company Name/Organization EhsT 4 Signing Official's Name 732tAcN kt-cAa L- Title NtE1tiBCt2 /o2c 51 bU.4-%Tq9 tLAX- (person legally responsible for permit) 5 Mailing Address 2o5 e'rtt kvEtiue t. City NoVTA W49-TUE GeA-ttE State SC Zip 29582 6 Phone (843) 249 — 45 rot Fax (�) 2¢� ¢ — 5 G'L II PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) Mailing address / phone number change (Please complete Item 4 below) ❑ Other (please explain) 1 Proposed permittee's company name/organization 82 �& JD LQd s jV-4<f,,' Lt C-' 2 Proposed permittee's signing official's name b9. \o14N t-�. 3 Proposed permittee's Title "NAtChee L I MteME3�Q 4 Mailing Address Po SaX 2'2`1 City State NJC- Zip 28s 4- Phone (°Ito ) :�S 4 — 4-S 2 4— Fax ( ) 5 New Project Name to be placed on permit Please check the appropriate box The proposed permittee listed above is ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas Print Name of HOA or POA in #1 above and provide name of HOA(POA) president In #2 above) LRJ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev16Nov2009 Page 1 of 4 JUN 0 8 2010 BY .`s •(.gam .( �� I ' ;: �..i r. ''f ..- -•/� � it ..� ./;c ' a ..°t ..� .1' .J r1. - _ t c. jam.`. :�_ '` i�._~ ,I_: i-iVn; t r�..�.t /f.-.1� '� �/ � ( I •4l IJ �.� L � ' e.' • 1.�..1�.1 Y .- r • r t -< �: � l � � �� Y III REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required Items listed below are included with the submittal 1 This completed and signed form 2 Legal documentation of the transfer of ownership (For Permit Transfers Complete Current Permlttee and Proposed Permrttee Sections) 3 A copy of the recorded deed restrictions, if required by the permit 4 The designer's certification, if required by the permit and if not already submitted to DWQ 5 If the Proposed Permlttee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner 6 The $40 00 processing fee If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required Subsequent ownership transfers will require the $40 00 processing fee IV CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit I, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete 9 Check here If Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit I, RR\AN b\tCArl — , the current owner, am submitting this application for a transfer of ownership for permit of cos2 4- I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permlttee named in Sections II and V of this form at the mailing address listed in Section II of this form I further attest that I assign all rights and obligations as permlttee to the Proposed Permlttee named In Section V of this form I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility Is In compliance with the permit and the Proposed Permlttee signs this form I understand that in the event the facility Is not in compliance or the Proposed Permlttee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permlttee signs this form and the Division approves x Signature �L/ �1 /'/'cG-g�-c r,Date S ! 40 I, 41 co# X.0,0 a Notary Public for the State of wy(i4n R(.")rnn. County of ► Jea) �60yt4c do hereby certify that �j i personally appeared before me this the day of 201V, and acknowledge the due execution of the forgoing instrument Witneg my hand and official seal, V _2NP-1gUJS / OFFICIAL SEAL � Notary Publk Nash Carolina NEW HANOVER COUNTY H SCOTT KENNEDY, JR SSW N/O Change V PROPOSED PERMITTEE CERTIFICATION (This section must be completed by the Proposed Permittee for all transfers of ownership) I, pt2 lot}N D W&f2n , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee I further acknowledge and agree that I will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation and Maintenance agreement Signature goy e�40e Date .i� /D I, H. L , a Notary Public for the State of NY/YY'h 1l qsl.Vyl ir County of j�v_a) Rc"pyex, , do hereby certify that t H 6/ko ) `'lAyct personally appeared before me this the day of AliU,4 201D , and acknowledge the due execution of the forgoing instrument Witnessqny hand and official seal, (91H ota�6@e31sEAL Notary Signature Notary Public nh mima NEW HANOVER COUNTY SCOTT KENNEDY, JR Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document Both the lessee / developer and the property owner will appear on the permit as permittees SSW N/O Change Rev16Nov2009 Page 3 of 4 C El V JEJD JUN 0 8 2010 LBY ---- — VI PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections If and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form Printed Name Organization Title within the Organization Street Address City Mailing Address City Phone Email State (if different from street address) State Fax Zip Zip I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215 1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6 Signature of the property owner , County of Date a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev16Nov2009 Page 4 of 4 JUN 0 S Z010 BY - i _aK c' DWQ USE ONLY Date Received Fee Paid Permit Number oco �s�� sty 02 mob Applicable Rules El Coastal SW —1955 oastal SW — 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan 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 Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc ) Family Entertainment Center of Shallotte 2 Location of Project (street address) City Shallotte County Brunswick Zip 28549 3 Directions to project (from nearest major intersection) From intersection of US-17 south bypass and NC-179 exit right onto NC-130 off ramp, Turn left onto NC-130 east, Project site is on left next to and behind Lowe s 4 Latitude 33' 58' 28" N Longitude 78' 23' 46" W of the main entrance to the project Ii PERMIT INFORMATION 1 a Specify whether project is (check one) ❑New ®Modification b If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 080527 , its issue date (if known)12/16/2008 and the status of construction ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer s certification 2 Specify the type of project (check one) ❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other 3 If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4 a Additional Project Requirements (check applicable blanks, information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748) ❑LAMA Major ❑NPDES Industrial Stormwater ❑Sedimentation/Erosion Control 7 87 ac of Disturbed Area ❑404/401 Permit Proposed Impacts b If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit BRUNS-2008-370 closed on May 3, 2010 by Nick Mills T;�ZCEY VED JUN 2 2 2010 Form SWU-101 Version 07July2009 Page I of 6 BY III CONTACT INFORMATION 1 a Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc who owns the protect) Applicant/Organization BR & ID Leasing, LLC Signing Official & Title Dr John D Ward, Manager/Member b Contact information for person listed in item la above Street Address 343 Whitevdle Road City Shallotte State NC Zip 28'. Mailing Address (if applicable) PO BOX 229 City Shallotte State NC Zip 28 Phone (910 ) 754-4254 Fax ( ) Email Please check the appropriate box The applicant listed above is ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below) 2 a Print Property Owner's name and title below, if you are the lessee, purchaser or developer (This is the person who owns the property that the project is located on) Property Owner/Organization Signing Official & Title b Contact information for person listed in item 2a above Street Address City State Zip Mailing Address (if applicable) City State Zip Phone ( ) Fax ( ) Email 3 a (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project Other Contact Person/Organization Signing Official & Title b Contact information for person listed in item 3a above Mailing Address City State Phone ( ) Fax Email Zip I JUN 0 8 2010 Form SWU-101 Version 07Ju1y2009 Page 2 of 7 4 Local jurisdiction for budding permits Brunswick County Point of Contact Delaney Aycock Phone # (910 ) 253-2055 IV PROJECT INFORMATION 1 In the space provided below, briefly summarize how the stormwater runoff will be treated Stormwater runoff will be collected and treated in one (1) stormwater pond 2 a If claiming vested rights, identify the supporting documents provided and the date they were approved ❑ Approval of a Site Specific Development Plan or PUDApproval Date ❑ Valid Budding Permit Issued Date ❑ Other Date b Identify the regulation(s) the project has been designed in accordance with ❑ Coastal SW —1995 ® Ph II — Post Construction 3 Stormwater runoff from this project drams to the Lumber River basin 4 Total Property Area 7 02 acres 5 Total Coastal Wetlands Area 0 acres 6 Total Surface Water Area 0 62 acres Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area 6 40 acres Total project area shall be calculated to exclude the followin the normal yool of impounded structures, the area between the banks of streama and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line The resultant project area is used to calculate overall percent built upon area (BUA) Non -coastal wetlands landward of the NHW (or MHW) line maybe included in the total project area 8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 75 3 % 9 How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered stormwater BMP For low density and other projects, use 1 for the whole property area) 10 Complete the following information for each drainage area identified in Project Information item 9 If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below Form SWU 101 Version 07July2009 Page 3 of Zc Z7VAC/�c )D JUN 0 8 2010 Jay fBas>n Infoimahon- _y&r , Diama a Area 1® (Dra_ma a Area _ )D_%ama erArea _ (Ihema a Area _ Receiving Stream Name Mulbery Branch Stream Class * C, SW Stream Index Number * 15-25-2-7 Total Drainage Area (sf) 531,432 (12 2 ac) On -site Drainage Area (sf) 294,808 (6 54 ac) Off -site Drainage Area (sf) 246,624 (5 66 ac) Proposed Impervious Area** (sf) 1 345,431 (7 93 ac) % Impervious Area** (total) 1 65% �....� � d'oe rviousie�Surface Area Drama a Area 1 L��� ®�� Diaina a Area _ Drama a Area � __one Drama a Area _ [t _ On -site Buildings/Lots (sf) 50,000 (1 15 ac) On -site Streets (so 159,886 (3 67 ac) On -site Parking (sf) - On -site Sidewalks (sf) Other on -site (so - Future (sf) 100 000 Off -site (so #35,545 (2 73 ac) %!K1PrKK S Existing BUA*** (sf) - Total (sf) 345,431 (7 93 ac) * Stream Class and Index Number can be determined at htip //h2o enr state nc us/btms/reports/reportsWB html ** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc *** Report only that amount of existing BUA that will remain after development Do not report any existing BUA that is to be removed and which will be replaced by new BUA 11 How was the off -site impervious area listed above determined? Provide documentation Wet detention basin was originally designed to handle offsite drainage area and impervious area (See Permited Pond Calculations) Proiects in Union County Contact DWQ Central Office staff to check if the project ry located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per NCAC 02B 0600 V SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded from htto //h2o enr state nc us/su/bmp forms htm 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 A detailed application instruction sheet and BMP checklists are available from htto / /h2o enr state nc us/su/bmp forms htm The complete application package should be submitted to the appropriate DWQ Office (The appropriate office maybe found by locating project on the interactive online map at htip / /h2o enr state nc us/su/msi maps htm ) Please indicate that the following required information have been provided by initialing in the space provided for each item All original documents MUST be signed and mitialed in blue ink Download the latest versions for each submitted application package from http / /h2o enr state nc us/su/bmp forms him Initials 1 Original and one copy of the Stormwater Management Permit Application Form M-r Fi 2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants an rt l Form (if required as per Part VII below) 3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M nnTt: agreement(s) for each BMP 4 Permit application processing fee of $505 payable to NCDENR (For an Express review, refer to �Yr F� htto //www envhelp org[_pages/onestopexpress html for uformation on the Express program and the associated fees Contact the appropriate regional office Express Permit Coordmator1f6rF,'Cf,,'1V)PD additional information and to schedule the required application meeting ) JUN U 8 2010 Form SWU-101 Version 07July2009 Page 4 of 7 BY 5 A detailed narrative (one to two pages) describing the stormwater treatment/management for ty\T 11 the project This is required in addition to the brief summary provided in the Project Information, item 1 6 A USGS map identifying the site location If the receiving stream is reported as class SA or the receiving stream drams to class SA waters within ifz mile of the site boundary, include the ii mile radius on the map 7 Seated, signed and dated calculations 8 Two sets of plans folded to 8 5" x 14' (sealed, signed, & dated), including a Development/Project name b Engineer and firm c Location map with named streets and NCSR numbers d Legend e North arrow f Scale g Revision number and dates h Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW Imes • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters i Dimensioned property/project boundary with bearings & distances j Site Layout with all BUA identified and dimensioned k Existing contours, proposed contours, spot elevations, finished floor elevations I Details of roads, drainage features, collection systems, and stormwater control measures in Wetlands delineated, or a note on the plans that none exist (Must be delineated by a qualified person Provide documentation of qualifications and identify the person who made the determination on the plans n Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations o Drainage areas delineated (included in the main set of plans, not as a separate document) p Vegetated buffers (where required) MT to N 4 MT Copy of any applicable soils report with the associated SHWT elevations (Please identify N /A /�/ elevations in addition to depths) as well as a map of the boring locations with the existing tK rry CA ltX7 elevations and boring logs Include an 8 5'x1l" copy of the NRCS County Soils map with the tip CA project area clearly delineated For projects with infiltration BMPs, the report should also FD e. MOD include the sod type, expected infiltration rate, and the method of determining the infiltration rate —Mt (Infiltration Devices submitted to WiRO Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378 ) 10 A copy of the most current property deed Deed book 2847 Page No 0370 M- 14 11 For corporations and limited liability corporations (LLC) Provide documentation from the NC M T 1-1- Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H 1003(e) The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned htto / lwww secretary state nc us/Corporations/CSearch asl2x VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and protective covenants forms can be downloaded from htto //h2o our state nc us/su/bmo forms htmttdeed restrictions Download the latest versions for each submittal In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, 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 NC DWQ, and that they will be recorded prior to the sale of any lot 1R.1 r-Al 1VC13 Form SWU-101 Version 07July2009 Page 5 of 7 JUN Q d 2010 BY VilI CONSULTANT INFORMATION AND AUTHORIZATION Applicant Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information) Consulting Engineer Comer Lyons, P E Consulting Firm Cape Fear Engineering, Inc Mailing Address 151 Poole Road, Suite 100 City Phone (910 ) 383-1044 Email comer lyonsOO capefearengineermg com State NC Zip 28451 Fax (910 ) 383-1045 IX PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) with (print or type name of organization listed in Contact Information, item IN to develop the project as currently proposed A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days, otherwise I will be operating a stormwater treatment facility without a valid permit I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-2151 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6 Signature Date a Notary Public for the State of , County of do hereby certify that personally appeared before me this _ day of and acknowledge the due execution of the application for a stormwater permit Witness my hand and official seal, SEAL My commission expires Form SWU-101 Version 07July2009 Page 6 of 7 JUN 0 S 2010 BY----- X APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 2) Dr fohn D Ward certify that the information mcluded on this permit application form is, to the best of my knowledge, correct and that the project will be constructed to 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 the applicable stonmwater rules under 15A NCAC 2H 1000, SL 2006-246 (Ph II — Post Construchon) or SL 2008-211 Signature n J /Date a NotaryD Public for the State of ► JM4 &ID11na. County of f� OVBr_ T d J hereby certify that okjo . W ark personally appeared before me this 7 day of MAI I ,n , and, a ulowle ge the due execution of the application for a stormwater permit Witness my hand and official sea Form SWU-101 Vernon 07July2009 SEAL My commission expires mAl l% 1 ? D I L J =B7Y Page7of7 i MEMORY TRANSMISSION REPORT TIME 06-25-'10 12 27 FAX NO 1 910-350-2018 NAME DENR Wilmington FILE NO 287 DATE 06 25 12 25 TO DOCUMENT PAGES START TIME 06 25 12 25 END TIME 06 25 12 27 PAGES SENT 11 STATUS OK *** SUCCESSFUL TX NOTICE ** 6btn o[NortL CurWfna Dupurtmmf o[ Bwfronmont and Nutuof Rmour<� WflmluQfoo ReQfoutl OTcp d�.si[y Snvm PSNr< Gov<roor FAX COVER BIGHT Dae PYevwrow• 3a�rufary Date f�/J� �S� � /� No Pagea (earl covey) �0 To G�O/»E.L G/Oi[�S pron\ J. Casaaar Co C� /i �� f G�f��� E�1 9 • Phoaa {91 Ol 096-'>336 paa _.3p3 — /05�5 Faa {9to)3so-zooa Rd �.O.a• CL/ E/J TErrA .r»vE.o r o � _�.oS.P LLs TrS 127 Cvb\n<f Ue\v< Caal<ntlon. W\\m4•B<oR NC 2640] � {9\ O) "196--121� � M Equal Oppnnnn ry A}t1m�«\v< Avnen Hmp\eyw State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX COVER SHEET Dee Freeman, Secretary Date l0 To C�o�E,e L Yews Co 1;5�AA �� 9 Fax `-�p `3 le z� M ..SGv� 4�05a7 m6,vT No Pages (excl cover) 14:51 From Jo Casmer Phone (910)796-7336 Fax (910)350-2004 S�'4 ZZO TTE �i�•'� issded — �a�o' �o�y inR� L 127 Cardinal Drive Extension, Wilmington, NC 28405 e (910) 796-7215 e An Equal Opportunity Affirmative Action Employer F 0 Naugle, Mary From Matt Haley [matt haley@capefearengineering com] Sent Friday, June 25, 2010 3 04 PM To Naugle, Mary Cc comer lyons@capefearengineering com Subject Existing Orifice Explanation SW8 080527 Mary Jean, As you requested, please find the below explanation as to why the existing orifice configuration should not compromise the temporary storage volume or drawdown Please note that the subject orifice configuration was designed by Houston and Associates and permitted by NCDENR in December 2008 The Family Entertainment Center Modification submitted by Cape Fear Engineering on June 8, 2010 proposes no changes to the permitted pond or outlet structure Through our previous phone conversations, I understand that the majority of the discussions among NCDENR staff members have been about whether the open top of the tee should be considered the "next available outlet" and "temporary storage elevation" Note that because the tee is connected directly to and only to the 3-inch orifice, any and all stormwater that enters the tee can only discharge through the 3-inch orifice The 3-inch orifice will control the discharge Flowrate until the water level in the pond rises above the weir at elevation 7 0' Therefore, recognize that the tee is the same outlet as the orifice and NOT the "next available outlet" The "next available outlet" and temporary pool elevation" is the weir at elevation 7 0' Please let me know if NCDENR requires any additional information to issue the Family Entertainment Center Mod and the First Bank Offsite permits Thanks, Matthew T Haley, El CAPE FEAR Engineering, INC matt haley(a)capefearengineering com 910 383 1044 ext 136 Notice The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information No confidentiality or privilege is waived or lost by any mistransmission If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it If you have received this message in error please delete it and any copies of it and notify the sender immediately Naugle, Mary From Scott, Georgette Sent Thursday, June 24, 2010 11 24 AM To Naugle, Mary, Nelson, Christine Subject RE SW8 080527 As I said in my last email Solve the problem with pond drawing down If it Is now working Issue the permit The other compliance Issues can be handled separately Gtorgtllc Stoll Stonmvitcr Prognm Suptntsor Stile Stomnrrler Program NG Dtvtston of W Mtr QuIhly 127 Canlunl Dntc Im Wilmington NC 28 t05 Phont (910) 796 7335 Fax (910) 350-200 t 6mall comspondusc to ind from Ilus iddress nnv be sublcct to the North (nrohna Public Records law ind maybe disclosed to dnrd pores From Naugle, Mary Sent Thursday, June 24, 2010 9 40 AM To Scott, Georgette, Nelson, Christine Subject FW SW8 080527 What do you want to do about Issuing express permits 7 Mary Jean Naugle NCDENR Express Permitting NCDivision of Water Quality 127Cardmal Drive Ext Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax mary naugle @ncdenr go v Please note E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From Matt Haley [mallto matt haley@capefearenglneering com] Sent Thursday, June 24, 2010 8 21 AM To Naugle, Mary Cc comer lyons@capefearenglneering com Subject RE SW8 080527 Mary Jean Please find the attached pictures and video demonstrating that the orifice has been unclogged and the pond Is drawing down Based on our previous conversations and email correspondence, It Is my understanding that you should now have everything you need to recommend Issuance of the stormwater permits Please let me know If this Is not the case Naugle, Mary From Matt Haley [matt haley@capefearengineering com] Sent Thursday, June 24 2010 8 21 AM To Naugle, Mary Cc comer Lons@capefearengineering com Subject RE SW8 080527 Attachments Warning htm, 100_0707 JPG, 100_0710 JPG Mary Jean, Please find the attached pictures and video demonstrating that the orifice has been unclogged and the pond is drawing down Based on our previous conversations and email correspondence, it is my understanding that you should now have everything you need to recommend issuance of the stormwater permits Please let me know if this is not the case Thanks, Matthew T Haley, El CAPE FEAR Engineering, INC matt haley@capefearenameenng com 910 383 1044 ext 136 Notice The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information No confidentiality or privilege is waived or lost by any mistransmission If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it If you have received this message in error please delete it and any copies of it and notify the sender immediately From Naugle, Mary [mailto mary naugle@ncdenr gov] Sent Tuesday, June 22, 2010 2 25 PM To Comer Lyons, Matt Haley Subject SW8 080527 Further Clarification from Georgette The state stormwter permits cannot be Issued until " pond is restored so that it has enough storage to handle the offsite Impervious and drainage areas requested (SW8 100603) and the current BUA/drainage areas permitted to meet its design function " From Naugle, Mary Sent Tuesday, June 22, 2010 12 47 PM To 'Matt Haley' Cc Comer Lyons Subject RE Plan of action SW8 080527 Comer and Matt, Christine noted that " The main SW related issue I had with this site and allowing an offsite permit to dram to this pond was the fact that the permitted storage volume was not available in the pond The plan of action attached to Mary Jean's e-mail does not Indicate when this will be corrected Christine " Please Include this in the plan of action It will expedite the express applications to send pictures of the corrected Items Thank you, Mary Jean Naugle NCDENR Express Permitting NC Di vision of Water Quality 127cardmal Drive Ex W/lmmgton NC 28405 910-796-7215 910-796-7303 910-350-2004 fax mare naugle@ncdenr gov Please note E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to thud parties From Matt Haley [mailto matt haley@capefearengineering com] Sent Tuesday, June 22, 2010 7 59 AM To Naugle, Mary Cc Comer Lyons Subject RE Plan of action Mary Jean, Attached is an electronic copy of the Plan of Action submitted on 6/18/10 Dr Ward's Address — PO BOX 229 Shallotte, NC 28459 Does NCDENR plan to visit the site again to verify that the pond is draining and look at the wetlands? Responses to your Request for Additional Information were submitted yesterday, 6/21/10 Matthew T Haley, El CAPE FEAR Engineering, INC matt haley(cDcaoefearengineering com 910 383 1044 ext 136 Notice The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information No confidentiality or privilege is waived or lost by any mistransmission If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it If you have received this message in error please delete it and any copies of it and notify the sender immediately \�iA("�` mow✓" �` `�J n �� ,t' / CAPE FEAR Engineering, Inc. 151 Poole Road Stine 1W SeNdle NC 28451 TEL (810)W8 1044 FAX (810) 383 1045 www capefearengmeenng com To NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext Wilmington, NC 28405 Attn Mary Jean Naugle ® As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal Date June 21, 2010 File 875-125 "36" Subject Additional Information Family Entertainment Center of Shallotte (SW8 080527) ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No Description 1 Original Cover Letter 1 Copy Preliminary Final Plat 2 Copy Revised Page 1 — Stormwater Management Permit Application Form 3 Copy Revised Sheet DA-1 — Drainage Area Exhibit 21 2010 REMARKS CC File 875-125 "36" F C �,lvzo JUN 2 2 2w BY )a 6v[PreSS Cape Fear En eeriinnJg, Inc Signed /� Matthew Haley, E I Received By Date P \875W5 125 1ST BANK SHALLOTTE'Atlmm\STORMW THE%PRESS STORMwATER 2010kFUN CENTER MASTER PERMPANCDENR INSPECTION & ADDITIONAL INFO 8 15 1WO10-06-21 Trans_NCDENR Fun Center doc CAPE FEAR Engineering, Inc. June 21, 2010 NCDENR Water Quality Section - Stormwater 127 Cardinal Dr Ext Wilmington, NC 28405 RE Family Entertainment Center of Shallotte Brunswick County DWQ Stormwater Permit Number SW8 080527 Request for Additional Information Mary Jean Please find the below responses to your June 15, 2010 Additional for the above project JUN 2 2 2010 I Please either delineate all wetlands on site, disturbed or undisturbed, or note on the site plan that none exist Please note that the originally approved Stormwater plans by Houston and Associates, P A showed 404 wetlands and indicated that all wetlands remain undisturbed The proposed modification does not include any additional impacts to the previously delineated wetlands on -site 2 Please locate the pond/ swales in a recorded access/drainage easement Please note that the originally approved stormwater plans by Houston and Associates, PA showed a drainage easement that encompassed the entire stormwater pond Subsequently, East Coast Engineering and Surveying, P C revised the drainage easement to include the as -built pond A copy of the final plat showing this easement has been included with this submittal for your reference 3 Please provide a consistent facility name on the permit application with the name on the building It is difficult far the Division to maintain permit documentation with different names The Project Name on the Stormwater Management Permit Application Form has been changed to "Family Entertainment Center of Shallotte" to be consistent with the rest of the application documents 151 Poole Road Suite 100 a 13elville NC26451 • TEL (910)333-1044 • FAX (910)363-1045 wwwcapefearengmeernig com PZ]5W51251ST BANK SMALLOTTEWtlminGTORMN R1 PRESS STORMWATER 2010TUN CENTER MASTER PERMITWCDENR INSPECTION& ADDITIONAL INFO 6-1S100010 21 Atl IMa Response NCDENR dm 4 Please document the built -upon area associated with the dumpsters on the plans The Drainage Area Exhibit (Sheet DA-1) has been modified to show the revised dumpster pad location As stated in General Drainage Area Note 93 The dumpster pad was originally located at the northern corner of the building and included as part of the streets impervious area calculation The relocated dumpster pad does not include and more impervious than originally permitted 5 Please provide a trash rack on the pond outlet structure with details on the plans (intermediate weirs) The trash racks on the pond outlet must be maximum 6 inch square openings This minimizes clogging with debris A generic outlet structure detail was added to Sheet DA-1 indicating that trash racks are to be provided on the intermediate weirs of the outlet structure Please note that the installation of these trash racks was incorporated into the Plan of Action submitted on June 18, 2010 6 Please note that this permit modification may not be issued until the permit is in compliance The proposed offsite permit number SW8 100603 for the First Bank Shallotte may also not be Issued until this permit is in compliance The inspection reports are enclosed These applications will be returned In 30 days tf the permit is not brought into compliance Re -submittal fees will be required Please note that a Plan of Action addressing the Division's June 14, 2010 Notice of Inspection was submitted on June 18, 2010 It is our understanding that the submitted Plan of Action satisfactorily addresses the Division's need for a written response to the NOI I trust that this Additional Information and the submitted Plan of Action are sufficient for you to continue your review and issuance of both the Family Entertainment Center modification (SW8 080527) and the First Bank offsite permit (SW8 100603) If this is not the case please let me know immediately so that I can communicate to the client Sincerely, o hey� CC CFE File 875-125 "36" r.i .i LI<VL1D JUN 2 2 2010 u boo_ Fv rc P WS7➢ 1251ST SANK SHALLOTTEWdnmZTORMWIRIEAPRESS STORMWATER 2010TUN CENTER MASTER PERMITWCDENR INSPECTION& ADDITIONAL INFO 8-15-10@010 21 AJE INo Response NCDENR Eoc SHALLOTTE T 2` f`` 1"(li?27C5jc w..[,rswrnSIBEE�.I.."lAmriivu.slnmTr;:o�[� �3 , US II flOwmFn o©cwnlwuiu[mwm[x v, vvl[ A, IN DONVAIDIANNITHEN i r,`lTO \ �� lipLBsr N O Y� ON MJ AO /x \ `IA �I[ IN INN o FOUL" OJESDIWlmmMTE PABENTI Aµn UmttoMlu+vp. D IT uprR —11 GEA,DA aE ttx1Nn�NOe�x�ulry qg1uppililHIIlIIIII� R�l6qu® �..,� VICINII�Y MAP + . 1iAC y rE R�.O tTo� jJ�1 n11 L,LIUN aS WENDYSmMMf RESTAURANT � AMNC�n 0� v L,. TMCT'Fe`vm �ALY 00qq,�,,/P'v Li wArvUe$ dun y,� bAP„ LOWES HOME CENTERS INC IT IXTBAE N% '�Q \\� DB FURL PAGE4% MAPEABINEF I; PAGE 141 TA%PARCEL IEPA' 5010 L L ONING HE *ITT a[wc ,mmX�mznNrRx IFpY i1RSEPARCPLIAPPEARTO Oq� ,MSr IowA[ ,RARY. IIIISTEflfufl. rRAmR oALLITATINC-NA L \\� p L� . �1»Ip II II *�. uIa'[Axats ARLxuRvtll.T L[RE—INALAwx [ �I / S, I °] 1.e ACRES I, BUDIOER__ mmlxrOSEMBR.1 RALPR RING ]RI5 ST 'J TnI' SIG I PnnwnaNPEFRmmp 19LPHRN / �h ARE I'10DRDNATE / ALICESMFIH g R RM]5 \\/ 1AR.R OR ITS E FEEL ..,O11I M[ MINIMUM RR.aNI. IIAMY RiR,aama CAM rARDAIRL wAaNrTo:,atr, ry �N�Q�fnjI. /ORIAFOOD GiILr Tu,Iws:L'vv[rei'xRw,a'ni[agwIONM cNu nF FaoM Nccs'IROIA N TONCGS\v WE wiAxaRONAN[e M ORMU FpRSC (81155 ]158 FLE1 L�11 AAA,,TTA \� 1BRIA. DO nMG.7<75-✓.I/J//////{��_� PEET NAD d)/19S6 ADIUNTM6MIb5S'1i56E 1,Aou ]1�NCFs slc nlmlzro ]A \ ID, [w v / Nc[»n CONTROL REBA0. / \ w[1NEMEAV[ TRrEHEG :D IANITHEEANT-OL11.— MANDS, vvroml. A� 01.1.,SNA,.,x.1r1DI,R1N1PE_UT.RI1rII„D.,_ �F•D E, �? Imn.9 NI ACI »? / i IN.�� AND 11" 7 AS w ADOOLD ro / ✓ El cA o' CID /N, I �, \ : •o DEEDBw%26i C\ PLATAN%FIPFUNtN 9UPWJ5C0 MAPCABWETH EXGEHSS SITAGPI1 I hREMIND DD S nj / z011[x ` \ J J J IOFIN D & BETTY R WARD DB1,R PAGE RS TAX PARCEL 191 lUN1NG Xtl RRw ANDOOEvRTIBLERED *TTEME wD wR`o°.[wd1Nls 46 I� .Asyo io AT � PM ATI USE ART ALL TAI ANOMALIES AND COITION, DEADEB BUILT BETTER NET �WW,-. 'A L mm vYw , EIR mrx n�iPorowX R. ,n , w.a 6 �Z eA G .woe W 4FND • NGIRON ENGINE SEAT DID O REBAEXISTING REBAR SET p 50 1W 1W Np ICES PROJECT NO OW E MEMORY TRANSMISSION REPORT FILE NO 233 DATE 06 15 09 23 TO 8 93831045 DOCUMENT PAGES 12 START TIME /06 15 09 23 END TIME ��-06-15 A 25 PAGES SENT 12 STATUS OK SUCCESSFUL TX NOTICE TIME 06-15-'10 09 25 FAX NO 1 910-350-2018 NAME DENR Wilmington r�( sr... .r none c.rouaa nap.rt m..e .r a...o-wmant ..a Iv. (.. r.l arear�a. wu.aa.wa s�(...� omra !/avoid S.w.t J'arna Govarvor FAX COYB;R 3HE.E"I' J)aa Fira..ow. Sac r.tary P.,.. (..I wvee) To G— � /� a" •G G-JlU ^� S Feom Jo Cmm.r Co �4�E �Fi�.� �i2 7 Peonc 19111190,C_7'a 6 F.x 3�.3—" /o �f S f+.a r91o�3so-2ooa '47 m/o/i ;.�, o .- Z— i-, �a- 2 (27 CVMinvl ..-...—. On W Im p,On NC 29905 - (9i., - M F .., t —. — AOt on e—'j c State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX COVER SHEET Dee Freemw, Secretary Date ��� �� No Pages(excl cover) To C /n e �XO') ' From Jo Casmer Co C—%�"e- F yF�� 6� Phone (910)796-7336 FaxJ�— S Fax (910) 350-2004 Re 14 0C/ / r/ G 47'[_ / /? TL/ / f Ul T 5 9/— 12 i Cardinal Drive Extension lVilmmgton NC 29-105 o t910) 796-72 t5 o Aa Equal Opponunnv A'9vrnatrve AUion Emp lovu ME`":DRY TRANSMISSION REPORT FILE NO 233 DATE 06 15 09 23 TO S 93831045 DOCUMENT PAGES 12 START TIME 09 23 END TIME 06-15 0 25 PAGES SENT �12 STATUS OR *** SUCCESSFUL TX NOTICE TIME 06-15-'10 09 25 FAX NO 1 910-350-2018 NAME DENR Wilmington *** stvty or rlortn Carouvv nnpvrtmave or 8ovtronment voa dvt..ru arov:ca wumwpev nv¢.ovv� omev BwpAly Saws f1rWs l:ovareor FAX COYH.R SESH2' Ms Raawnw, 9srotory Dais v/J' �—�' /� No Pngea (axol rover) �/ Co C�pQ� �Ei%� GC/� f Plaor.c (910)'>96-')336 Fax �o �—� /� � r Forz f910) 350-2004 Re �. iS r '�-F�is � ��i .Q'//o �/-"i�C - i L•/8 �G201i O � f1 m/O / �i o .� A' � i /� YP /ter �a/ 5 � � 9�-- / /JS//i< � ✓ �✓ 2 .27 Cv�1W1 De1va Hxmna on W Im.ttyton NC 3BY05 � (el0) 996-T115 a An Fgal Opportunity A(A..na( ve Aat on Qmp]oye Beverly Eaves Perdue, Governor Date � — / — /19 , State of North Carohna Department of Environment and Natural Resources Wilmington Regional Office FAX COVER SHEET DeeFreeman, Secretary // No Pages (excl cover) To �O /n r L��D ✓ S From Jo Casmer Co ���F /�E/ L��� �� % Phone (910) 796-7336 Fax d (� 7 S Fax (910) 350-2004 Re f i�sT �FJit� Sii<G//o��E— ��LrJB/OD�D� 14a/o/i71.1147Z- 1',�2 4 /__y/�_S�S //SpP��,o 127 Cardinal Drive Extension, Wilmington NC 28405 0 (910) 796-7215 o An Equal Opportunity Alffirmanve Action Emp lover Y r� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor June 15, 2010 Dr John D Ward, Manager/Member BR & JD Leasing, LLC 343 Whiteville Road Shallotte, NC 28459 Division of Water Quality Coleen H Sullins Director Subject Request for Additional Information State Stormwater Management Permit No SW8 080627 Modification Family Entertainment Center of Shallotte High Density Commercial Wet Pond Project with Proposed Off -site Parcel Permit No SW8 100603 for First Bank Shallotte Brunswick County Dear Dr Ward Dee Freeman Secretary The Wilmington Regional Office received an Express Stormwater Management Permit Application for Family Entertainment Center of Shallotte on June 8, 2010 A preliminary review of that information has determined that the application is not complete The following information is needed to continue the stormwater review 1 Please either delineate all wetlands on site, disturbed or undisturbed, or note on the site plan that none exist 2 Please locate the pond / swales in a recorded access/drainage easement Please provide a consistent facility name on the permit application with the name on the building It is difficult for the Division to maintain permit documentation with different names 4 Please document the built -upon area associated with the dumpsters on the plans Please provide a trash rack on the pond outlet structure with details on the plans (intermediate weirs) The trash racks on the pond outlet must be maximum 6 inch square openings This minimizes debris clogging Please note that this permit modification may not be issued until the permit is in compliance The proposed offsite permit number SW8 100603 for the First Bank Shallotte may also not be issued until this permit is in compliance The inspection reports are enclosed Both of these applications will be returned in 30 days if the permit is not brought into compliance Re - submittal fees will be required Please note that this request for additional information is in response to a preliminary review The requested information should be received in this Office prior to June 25, 2010, or the application will be returned as incomplete The return of a protect will necessitate re -submittal of all required items, including the application fee Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 20041 Customer Service 1-877-623-6748 Internet w ncwaterquality org An Equal OpporWmty \ Affirmabve Action Employer NorthCarolina Naturally If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter Please note that more than two requests for additional information may result in the return of the project If that occurs, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee 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 label all packages and cover letters as "Express" and reference the protect name and State assigned protect number on all correspondence If you have any questions concerning this matter please feel free to call me at (910) 796-7303 or email me at mary Naugle@ncdenr gov Sincerely, M J "Naugle GDS/mtn S\WQS\STORMWATER\ADDINFO\2010\080527modtun10 Encl cc Comer Lyons, PE, Cape Fear Engineering, Inc , 910-383-1044, fax 1045 Wilmington Regional Office M J Naugle Page 2 of 2 North Carolina Beverly Eaves Perdue Governor June 15, 2010 ©�i� NCDENR Department of Environment and Division of Water Quality Coleen H Sullins Director Natural Resources Dee Freeman Secretary Teresa Nixon, Executive Vice President First Bank, Inc 341 North Main Street Troy, NC 27371 Subject Request for Additional Information Stormwater Management Permit No SW8 100603 First Bank Shallotte, Project served by Offsite System Permit No SW8 080527 Brunswick County Dear Ms Nixon The Wilmington Regional Office received an Express Stormwater Management Permit Application for First Bank Shallotte on June 8, 2010 A preliminary review of that information has determined that the application is not complete The following information is needed to continue the stormwater review Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist Please note that this permit may not be issued until the permit that it drains to is in compliance SW8 080527 The inspection reports are enclosed Please note that this request for additional information is in response to a preliminary review The requested information should be received in this Office prior to June 23, 2010, or the application will be returned as incomplete The return of a project will necessitate re -submittal of all required items, including the application fee If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter Please note that a second significant request for additional information may result in the return of the project If that occurs, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee 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 label all packages and cover letters as "Express" and reference the protect name and State assigned project number on all correspondence If you have any questions concerning this matter please feel free to call me at (910) 796-7303 or email me at mary Naugle@ncdenr gov Sonc ly MJN uge GDS/mtn S\WQS\STORMWATER\ADDINFO\2010\100603jun10 cc Comer Lyons, PE, Cape Fear Engineering, 910-383-1044, fax 1045 Dr John Ward, Property Owner and Offstte Permittee # SW8 080527 343 Whiteville Road, PO Box 229, Shallotte, NC 28549 Wilmington Regional Office Stormwater File, MJ Naugle Wilmington Regional Office 127 Cardinal Dme Extension Wilmington North Carolina 28405 One Phone 910 796 7215 \ FAX 910-35020041Customer Senrice 1877-623-6748 Nort.hCarolma Internet v nmaterquality og Naturally at'/ yea l y An Equal Opportumly l Affirmative Action Employer /rs " . Compliance Inspection Report Permit SW8100603 Effective Expiration Owner First Bank Inc Project First Bank Shallotte County Brunswick Whitewlle Rd Region Wilmington Shallotte NC 28459 Contact Person Teresa C Nixon Title EVP Phone 910-576-2265 Directions to Project At intersection of Whitewlle Rd and DL Hewett Rd approx 0 40 miles SE of the intersection of US 17 and Whiteville Road Type of Project Dram Areas On -Site Representative(s) Related Permits SW8080527 Br & Jd Leasing LLC - Family Entertainment Center of Shallotte Inspection Date 06/11/2010 Entry Time 10 50 AM Exit Time 11 00 AM Primary Inspector Christine Nelson Phone 910 796-7215 Secondary Inspector(s) Reason for Inspection Other Permit Inspection Type State Stormwater Facility Status ■ Compliant ❑ Not Compliant Question Areas 0 State Stormwater (See attachment summary) Inspection Type Stormwater Page 1 Permit SW8100603 Owner Project Fest Bank Inc Inspection Date 06/11/2010 Inspection Type Stormwater Inspection Summary Reason for Visit Other New offsite project that will direct runoff offsite for treatment in the pond associated with the Family Entertainment Center in Shallotte SW8080527 The pond for the Family Entertainment Center was found to not be drawing down to the permitted level and in its current state may not be able to handle the additaitonal flow from this proposed project Site has not yet been graded for construction No BUA present File Review Yes No NA NE Is the permit active? ❑ ■ ❑ ❑ Signed copy of the Engineer s certification is in the file? ❑ ❑ ❑ ■ Signed copy of the Operation 8 Maintenance Agreement is in the file? ■ ❑ ❑ ❑ i Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ ■ Comment New offsite project Permit application submitted June 8 2010 Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ■ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ■ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ■ ❑ Comment No BUA present at the time of the inspection SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ■ ❑ Are the inlets located per the approved plans? ❑ ❑ ■ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ■ ❑ Comment Offsite project BMP is associated with SW8 080527 Stormwater collection system has not yet been installed for this site Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ■ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ■ ❑ upon request? Comment Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ■ ❑ Comment Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ■ ❑ ❑ ❑ Comment Page 2 Naugle, Mary From Matt Haley [matt haley@capefearengineering com] Sent Tuesday, June 15 2010 7 39 AM Subject Read SW8 100603 and SW8 080527 Mod - Inspections and Ad Info Your message was read on Tuesday, June 15, 2010 7 38 40 AM (GMT-05 00) Eastern Time (US & Canada) Naugle, Mary From Naugle, Mary Sent Monday, June 14, 2010 3 45 PM To 'Matt Haley' comer lyons@capefearengineering com Subject SW8 100603 and SW8 080527 Mod - Inspections and Ad Info Attachments 080527mod junl0 doc, 100603 jun 10 doc, 080527Iunl0 docx, 080527 junl0 pdf, 100603 jun10 pdf, DSC00719 jpg Please see the attached Mary Jean Naugle NCDENQ Express Permitting NC Division of Water Quality 127Cardmal Drive Ext Wilmington, NC 284O5 910-796-7215 910-796-7303 910-350-2004 fax marynouoleencdenr goov Please note E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties CAPE FEAR i Engineering, Inc. 151 Poole Rood Suite 100 BeMlle NC 28451 TEL (910)383 f044 FAX (910) 383 1045 www cape(earengmeenng com To NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext Wilmington, NC 28405 Ann Mary Jean Naugle ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal ne 125 "36" Subiect Express State Stormwater Management Permit Modification Submittal Family Entertainment Center of Shallotte (SW8080527) ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No Description 1 Original Application Fee $4,000 00 (check no 168637 ) 1 Original Cover Letter 2 Original & Copy State Stormwater Permit Name/Ownership Change Form 2 Original & Copy Stormwater Management Permit Application Form 2 Original & Copy Outparcel - Deed Restrictions & Protective Covenants 1 Original Wet Detention Basin Operation and Maintenance Agreement 1 Copy USGS Map Identifying Site Location 1 Copy Property Deed 1 Copy Applicant Information from NC Secretary of State Database 3 Copy Revised Drainage Area Schematic REMARKS If you have any questions please call me at 383 1044 Thank you, Matt Haley CC File 875-125 "36" JUN 0 8 2010 Cape Fear Engineering Inc Signed C � 8X _�CDfeSs Matthew Haley, E I I Received By P 1BT5%875 125 1 ST BANK SHALLOTTEWdm,n\STORMWTMEXPRESS STORMW ATER MIMFUN CENTER MASTER PERMITT2010- 6 M T,ans_NCDENR Fun Center d. CAPE FEAR Engineering, Inc. June 8, 2010 NCDENR Water Quality Section - Stormwater 127 Cardinal Dr Ext Wilmington, NC 28405 RE Family Entertainment Center of Shallotte Brunswick County DWQ Stormwater Permit Number SW8 080527 Permit Modification Mary Jean As you know, Cape Fear Engineering (CFE) has been in the process of designing civil/ site infrastructure for the development of a First Bank in front of the existing Family Entertainment Center of Shallotte (FECS) and intends to utilize the existing FECS wet detention basin for stormwater treatment and quantity control However, as we have previously discussed, prior to permitting the First Bank as offsite to the FECS pond, the following modifications must be made to the FECS permit • Name/Ownership Change of FECS Permittee During CFE's review of the existing FECS permit, it was discovered that the current permittee is the lessee of the FECS building and does not own or lease the property where the FECS pond is located A revised Stormwater Management Permit Application Form and State Stormwater Permit Name/Ownership Change Form are being submitted to transfer the permit to the landowner • Revised O&M Agreement Based on the name/ownership change discussed above, a revised operation and maintenance agreement by the landowner is being submitted for the FECS wet detention basin CP�YVEn JUN 0 8 2010 DY 151 Poole Road 5wte 100 • Belville NC26451 • TEL (910)383-1044 • FAX (910)363-1045 wwwcapefearengmeermg com PW507512518THANKSRALLOTTEWd.,.ZTORM R\EXPRESS STORMWATER 2010TUN CENTER MASTER PERMIT2010.05-08 Cover LeCer NCDENR eoc /46 • Revise FECS Pond Drainage Area The FECS wet detention basin was originally permitted with offsite drainage area and offsite impervious area to be allocated to future development However, because at the time of original permitting future development plans were unknown, the offsite drainage area and impervious area were not specifically allocated to any project As a result, a revised drainage area exhibit showing the proposed First Bank Outparcel is being submitted for review Please note that the total drainage area and impervious area of the pond have not changed and as a result new calculations and supplements have not been provided • Revise FECS Onsite Project Boundary During CFE's review of the existing FECS permit, it was determined that the FECS wet detention basin was not located within the stormwater project boundary As a result, the FECS project boundary has been revised to include the FECS wet detention basin as shown on the drainage area exhibit Please note that section IV Project Information of the revised Stormwater Management Permit Application Form reflects the revised FECS project boundary • Revise Deed Restrictions Revised Deed restriction language is being submitted that specifically allocates impervious to the First Bank Outparcel and reduces the amount of impervious that can be allocated to future development I trust that this information is sufficient to issue this permit modification for the subject stormwater permit, however, if you have any questions or need any additional information please do not hesitate to contact me Simc�Gr�`' * Matthew Haley, E I JUN 8 B J2616 BY P W507S1251STBANKSHALLOTTEWdminl ORM RI PRESSSTORMWATER2010TUN CENTER MASTER PERMI72010-0 Cover Latter NCDENREoa OM JOHN WARD FAX NO 910-754-9319 16 04/15/2009 LIMITED UABIUTY COMPANY (LLC) ANNUAL REPORT NAPE DFLUIFILULIHxI.tIYLVWPAxr HR & = i,8ASf2T L SOSRD 1058383 Date Filed 9/24/2009 4 39 00 PM Elaine F Marshall North Carolina Secretary of State C200913101151 C200913101151 StAfk OF FORMMEW , FlkAL YEAR ENDING. 12 /33 / 00 ap11TTWtY/yEAa WMETARY W STATE LL.C. WNRINSE. 1954383 074311a tteTRlm rimnNhx YOU WSECONKETE THE Vmi FORL ityow LLC'e WOFMUbn has NOttateE kiln WhRVfxl6feporL ClWu 9Ntk the No ne ae mlmlkn r El IIEGLSTERlaA59R6 RFG181EANOPI[J'S7111i7 ACDNE99 MMUDEOWN1Y Maine forth 0 iumeii Now am D NA1ED Ad&=343 PTHITSVILLS ROAD. SgU&OTTE pC 296?0� [1N4YEr[gE E+O[FtaTiv 2 REGISTENEU aFRFMNVhGAOON29S tF DIEFENEYiFHDM THE StREFT NDRF� P.O. BOX 229 SIEALLOM, XC 20459 J. IF II* RECtSIERW AEENT OWNOED TK NEW AOENT KZTSIW h�Ii TIWF G17bTITifRS h IE APPO1NIMkNT - A BITLN PAxtDwa OFFU;E ADORfSSMID TFL�NOtIE NUMBB1k61E .. _ � _ . .. l gteLr lESGIRxE THE MATURE OF9USIIIEBI LSASIl4G S ENTER UAW, TTRf AND SUSWZ AODIMSOF MANiGlAISNAEMBERl6)OR IfTHFILC NASI&YERWID MOW-n ITS WLDANaW LATTACH A0010tNML Plus W. RECEssfum xAME xl&aE59 ADRNE55• _ SAME• BUIRKMADORESS — !LW — Busim SAt10NRs T O URICAT10N OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIM W LIABILITY COMPANFES FORMM BE SIBIW BYAMARABENMBIBFA DATE Vgxr imaNwmixue TYPE OR FNINTNAME TIRE ANMNILRHORIFEEIM WILTV So" yal Slam• Omhmmnm OWsms Cot ONte9ox FASSS• AkWA NC 2711"25 eeez. for P .0 . JUN 0 S 2010 BY JOHN WARD FAX NO 910-754-9319 Sep 24 2009 04 32PM P4 W04/15/2009 12 ua ree stu .oz uzuo zaurcea gglallol 0000 SR I. SD LEAST= LLC m'�y RC A?W= REPORT if WIMS 7MM6 AND ADDRS69SS STATEMENT 1 JORR D WARD P o am 229 SHALLOTTS, NC 20640 SHTTY R WARD P.O. HOE 339 $HkL )TTs RC 28549 0 STATS%SNT(S) 1 RECEIVED JUN 0 B 2010 BY " IIII�I I 111111111 a2a44 Ins9n 36 1 i6 36 001 RohJ r! o !neon Br We County N .Blel.r of D..de page ! of 2 rj 15_ f � rna nance�_/�— •POF� " 9 NORTH CAROLINA GENERAL WARRANTY DEED STATE OF NORTH CAROLINA IIIIIIIIIIIPIIIIII IIIIII,�II�IIIIIIII Jk�7 P031,016�e9 ,66t 6 33 69 006 ert J obUmon COUNTY OF BRUNSWICK erne couney w+et.r .i B..de p.B. I of 1 THIS DEED, made thihe 'day o�e r, 2008, by and between JOHN D WARD and wife, B R WARD, party of the first part, hereinafter referred to as Grantors, and BR 6 JD LEASING, LLC, a North Carolina Limited Liability Company of Post Office Box 229, Shallotte, North Carolina, 28459, party of the second part, hereinafter referred to as Grantee, W N E S S E Ty H�,,� THAT the Grantors, r a va Ie consideration paid by the Grantee, the receipt of which isby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, its heirs and assigns, in fee simple, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows Being all of that cer n tract or parcel containing 10 43 acres, more or Less, more f scribed in a survey plat dated 29 July 08 a tled Survey for John D Ward" prepared 6 Christ r D Stan , PLS, and recorded in Map Cabinet f+ at age of Ca in the office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said property together with a non-exclusive right-of-way and easement for purposes of ingress, eg ss, regress and the installation, operation, maintenanc nd repair of underground utility services over, withi along aM*e n that certain area designated as `Exi ng P etualgg,,��exclusive Access Easement deed Boo 356, Pa 456" conne�"l"ing the property herein conveyed with N C High y 130 (Whiteviile Road) TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee in fee simple AND the Grantors do hu&y covenant with Grantee that Grantors are seized of the premise n fee a that they have the right to convey the same in fee ple, at ti YY rketable and free and clear of all encumbran and t Grantors $ll warrant and defend the title against the lawful claim f all persons whomsoever, sub3ect to the following exceptions -Utility easements of record -2008 ad valorem property taxes -Restrictive covenant record aAF6 by BEY$ ICR, �torneya f T tl at Law thout OpJ. n o J. a ,,QQ RET� �- TOTALf1REV_TCO RECN_CKAMTQ.-CKN E6e0 CASH_ REF_8 IJUN 0 8 2010 ly J _��_j es0¢04 I�IIIIIIII�I III AM ll2of 2 B 2I001 I''ule un Y IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and yearst above written (SEAL) JOB /64 A � (�/ (SEAL) R WARD STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the fol ing persons appeared before me this day, each acknowledging to me t,11 t they }�f�tarily signed the foregoing document for the purpose her@ n sta l'14 ttwF,..].n the capacity therein indicated John D War nd w>,f Al R`--`i,�'✓�(IiL �_ ina4le A KJ��1LV1 fC�k Notar Pu he 7" Notary's Printed Name Jacqueline M Reinhardt Date 9/24/2008 My Commion Expires 11/17/2008 = r�ur�CINE M qFy� `� kMA s, i Q! Q VBLIC 2 +e RECEIVED 4 SEFOSNIf POND 1111North Carolina Department of Environment and Sfryfxfg H5 i ©mow Natural Resources Tvcnjdl C0_8 � Request for Express Permit Review NCDENR "I „ (e - 3 FILL IN all the information below and CHECK the Permit(s) you are requesting for express review FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF hie) and vicinity map (same items expected in the application package of the project location Include this form in the application package rii Asheville Region Alison Davidson 828-296-4698,alison davidson(cDncmail net N Fayetteville or Raleigh Region -David Lee 919 7914203, davd lee(rDncmail net n' Mooresville 8 Patrick Grogan 704 663 3772 orpatnck °rogan(arncmail net 0 Washington Region Lyn Hardison 252 946-9215 or lvn hardison0mcmail net rrf Wilmington Region Janet Russell910 350-2004 orlanet russell(cncmad net NOTE Project application received after 12 noon will be stamped in the following work day "V� c-ft4`A-- IL 6i 31, — 1\ Project Name FAMILY ENTERTAINMENT CENTER OF SHALLOTTE County BRUNSWICK «^ Applicant DR JOHN D WARD Company BR & JD LEASING, LLC Address PO BOX 229 City SHALLOTE, State NC Zip 28549—,V---� V �� Phone 910-576-2265 Fax Email _ Project is Drains into C SW waters Project Located in LUMBER River Basin MAY 2 1 2010 Engineer/Consultant Comer Lyons Company CAPE FEAR ENGINEERING, INC Address 151 POOLE ROAD City BELVILLE, State NC Zip 28451 Dy EX tc 3 S Phone 910-383-1044 Fax 910-383-1045 Email comer Ivonsna CapeFearEngineenng com (Check all that apply) ❑ Scoping Meeting ONLY ® DWQ, ❑ DCM, ❑ DLR, ❑ OTHER _ ❑ Stream Origin Determination # of stream calls — Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp ❑ Clear & Grub ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)j ® High Density Detention Pond 1 # Treatment Systems [:]High Density -Infiltration _ #Treatment Systems ❑ High Density-Bio-Retention _# Treatment Systems El High Density —Constructive Wetlands _#Treatment Systems El High Density Other _ # Treatment Systems ® MODIFICATION SW 8080527 (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed (CK #_ (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ❑ Wetlands (401) Check all that apply Isolated wetland on Property ❑ Yes ❑ No Wetlands on Site ❑ Yes ❑ No Buffer Impacts ❑ No ❑ YES acre(s) Wetlands Delineation has been completed ❑ Yes ❑ No Minor Variance ❑ No ❑ YES US ACOE Approval of Delineation completed ❑ Yes ❑ No Major General Variance ❑ No ❑ YES 404 Application in Process w/ US ACOE ❑ Yes ❑ No 401 Application required ❑Yes ❑ No If YES, ❑ Regular Permit Received from US ACOE ❑ Yes ❑ No Perennial, Blue line stream, etc on site ❑ yes ❑ No For DENR use only Fee Split for multiple permits (Check # ) Total Fee Amount $ SUBMITTAL DATES Fee I I SUBMITTAL DATES Fee CAMA $ 1 Variance Ma, El Min) $ SW ❑ HD, ❑ LD, ❑ Gen $ 401 $ LQS $ 1 Stream Deter,_ $ HOUSTON and ASSOCIATES, P.A. Consulting En meers SHALLOTTE, NORTH CAROLINA 28459 Telephone (910) 754-6324 Facsimile (910) 754-2121 117 Pine Street Post Office Box 627 LETTER OF TRANSMITTAL DATE. 1- 1- 09 PROJECT- ,5h.pgoif--e v-fG� n►��" re.�lOQ� SUBJECT GENTLEMEN We are sending you [ ] Attached [ ] Enclosed [ ) Under Separate Cover Via 451ps the following items [ ) SHOP DRAWINGS [ ] CONTRACT DOCUMENTS [ ] COPY OF LETTER [ ] PLANS [ ] SAMPLES [ ] SPECIFICATIONS Q�] OTHER [ ) REPRODUCIBLES SHEET NO(s) COPIES DATE DESCRIPTION 1 S- 2i -aq SLL�209 0SA7 THESE ARE TRANSMITTED AS BELOW: [ ] FOR APPROVAL [ ] APPROVED AS SUBMITTED [ Xj AS REQUESTED [ ] APPROVED AS NOTED [ [ ] SUBMIT ADDITIONAL COPIES [ ) RESUBMIT FOR APPROVAL [ ] FOR BIDS DUE 20 ��T��� JUL 0 9 2009 pc File D'1- lo$N ] FOR YOUR USE ]REJECTED HOUSTON AND ASSOCIATES, P A TOPOI map panted on 05/05/10 from "Unttleatpo' MN JTN e ___. 5._ IWE P. 0 ENO FFEF �. SY _.Iwo MIMS Mep cn�ed w:t} TOPOI$ @2W3 Netx+eel G,,ppp m (miw.mrmrnlgiogepLic cowYopa) sWeone-Kh tom % WAµIt.11 cet- _S*kt ( w e, obc>s 2'3