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HomeMy WebLinkAboutSW8990406_HISTORICAL FILE_20091013 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q 9 D4 0 6 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor October 13, 2009 Division of Water Quality Coleen H. Sullins Director Mr. John Clark, Director of Operations Sampson-Bladen Oil Co., Inc. P.O. Box 469 Clinton. NC 28329 Subject: Stormwater Permit No. SW8 990406 Renewal Han — Dee Hugo's #21 High Density Commercial Project Brunswick County Dear Mr. Clark: Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Transfer of Ownership and Renewal Application for Han — Dee Hugo's #21 on October 1, 2009. The Division is hereby notifying you that permit SW8 990406 has been renewed on October 13, 2009, and shall be effective until June 24, 2019. The plans previously approved on June 24, 1999, in accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995, remain in full force and effect. This site was inspected on September 17, 2009. All deficiencies noted in the inspection report have been addressed and the site is currently in compliance with the terms and conditions of this renewed state stormwater permit. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Angela Hammers, or me at (910) 796-7215. SincIprely, Veeo ette colt Stormwater Supervisor Division of Water Quality GDS/akh: S:\WQS\STORMWATER\PERMIT\990406ren.oct09 cc: CWiI niiigton Regional Office] Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796-72151 FAX: 910-350-20041 Customer service: 1-877-623-6748 NorihCarolina Internet:w ,ncmmterqualily.org Naturally ly An Equal Opponunily l Affirmative Action Employer (i State Stormwater Management Systems Permit No. SW8 990406 Renewal 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 John Clark & Sampson-Bladen Oil Co., Inc. Han — Dee Hugo's #21 6170 Ocean Hwy, Winnabow, Brunswick County FOR THE operation and maintenance of a dry detention basin with a grassed swale in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 24, 2019, 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 98,855 square feet of impervious area. This basin must be operated with a grassed swale. 3. This tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 990406 Renewal 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 following design criteria have been permitted for the dry detention basin and must be provided and maintained at design condition: a. Drainage Area, Acres: 3.67 Onsite, ft : 160,000 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 98,855 C. Design Storm, inches: 1 d. Basin Depth, feet: 1.35 e. Permanent Pool Elevation, FMSL: 18.15 f. Provided Surface Area, ft2: 81315 @ elevation 18.15 g. Permitted Storage Volume, ft3: 8,081 (required); 13,852 provided h. Temporary Storage Elevation, FMSL: 19.5 i. Receiving Stream/River Basin: Bell Swamp / Cape Fear j. Stream Index Number: 18-81-6-1-5 k. Classification of Water Body: "C Sw" Notes: The side slopes of the basin must be maintained at 3:1 or flatter. A small permanent pool is provided at the orifice to reduce clogging. The seasonal high water table is located approximately 4.5' below the proposed bottom of the system. A 270' grassed swale located at the overflow from the basin has been provided to meet the required 85% TSS removal. II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall'be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 990406 Renewal 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. Access to the stormwater facilities shall be maintained via appropriate recorded easements at all times. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. At the time the permit is transferred to a new owner, the permittee shall forward the approved plans to the new owner. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form to the Division of Water Quality, signed by both parties, and accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 990406 Renewal . The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) 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 during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit remains in force and effect until modified, revoked, terminated, or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, renewal or termination does not stay any permit condition. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 11. 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 13th day of October 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /orLoieen I�!Suwns, uirector Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 Foster€ Lake b Pond management 183 Donmoor Court • Gamer North Carolina 27526 • Phone (919) 772-8548 • Fax (919) 662-756 • www fostedake com September 25, 2009 Sampson Bladen Oil Company C/o Winnabow Exxon Station 6170 Ocean Highway Winnabow, NC 28479 Re: Year -Round Monitoring Service Agreement Agreement #: WinnabowExxon092509 Location: Winnabow. NC 28479 Dear Mr. Clark: Introduction OCT a 1 2009 Foster Lake & Pond Management, Inc. (FLPM) is pleased to provide Winnabow Exxon Station with this agreement for year-round aquatic monitoring services. We understand that the ponds are located at the Winnabow Exxon Station in Winnabow, NC. Based on the absence of an existing Stormwater Management Plant for this property, it is our recommendation that quarterly visits to inspect the stormwater management system and perform maintenance tasks necessary to keep the structures operating property are done. Mowing of the grass swales should be done regularly by the owner, when the rest of the grass is mowed. Scope of Services The following scope of services, for Year -Round Monitoring Service is based on FLPM's assessment of your ponds. Year -Round Monitoring Service The following Year -Round Aquatic Monitoring Services are designed to help identify potential problems and prevent them from reaching critical status. Monitoring FLPM personnel will make 4 monitoring visits to the ponds during the service year. The following parameters will be monitored during each visit: • general appearance including pond water level, presence of surface film, need to mow or trim shoreline vegetation and weather conditions • water color and clarity • aquatic vegetation present • nuisance animal activity • water quality (hardness, alkalinity, light penetration, pH, temperature and dissolved oxygen (if required)) • fish population conditions • presence of trash and/or debris • erosion of banks or stream channels and sedimentation Winnabow Exxon September 25, 2009 Page 2 • drainage structure and emergency spillway condition • condition of sediment collection forebays, berms, swales and riprap rock channels • condition of stormwater inlets, outlets, pipes, conduits and conveyances • condition of dam slopes, embankments, conduits and cover vegetation • trash (not including sticks, logs, leaves, pine straw, mulch, or natural debris) will be removed • nuisance vegetation will be controlled within requirements Observations will be included in your visit report and we will contact you if developing conditions need additional and/or immediate attention. Monitoring Reports After each site visit, FLPM will prepare a monitoring report detailing site visit observations, activities and recommendations. This report is made available for on-line review on our website. A user name and password will be provided to you when the first report is uploaded. If conditions are observed that require immediate attention, you will be notified immediately. • FLPM will provide customized quotations for repairs or maintenance if and when necessary. Cost FLPM proposes to provide the services listed above for $1,550.00 (Year -Round Aquatic Monitoring Service). We will not exceed either amount without prior approval from Winnabow Exxon. These services will be invoiced on a quarterly basis. This Agreement shall have an initial term of twelve months, beginning upon execution of this Agreement, and then continue on a Month -to -Month basis until terminated by one of the parties (see attached General Terms and Conditions). Cost revisions may be renegotiated annually between the parties on an annual basis and made a part of this Agreement via amendment. If this agreement and the attached General Terms and Conditions are acceptable, please sign and dale in the space provided on the next page as your authorization to proceed. 000 FLPM looks forward to assisting you with your aquatic services needs. Should you have any questions or require any additional information, please do not hesitate to call. Best regards, John E Foster III Winnabow Exxon September 25, 2009 Page 3 Authorization to Proceed and Acceptance of General Terms and Conditions The scope of work, estimated cost and General Terms and Conditions (see attached) presented in this Agreement (Agreement No. WinnabowExxon092509 dated September 25, 2009), are acceptable. Upon receiving this Authorization to Proceed, FLPM is authorized to proceed with the services described herein. By: � J� ,9ignature / 7 CIn.05,i Organization Printed Name s/o9 Date Service: Year -Round Aquatic Monitoring Service Customer: Winnabow Exxon Location: Winnabow, NC Please initial each cost below to indicate your agreement. Year -Round Cost: $1,550.00 ($387.50/quarterly) u`� /• (initials) This Agreement and any additional information provided by FLPM to CUSTOMER is considered confidential and is not to be used or relied upon by third parties without the express written consent of FLPM. Q=' vjt�o OCT 0 1 2009 Rn STATE OF North Carolina COUNTY OF Sampson On September 28, 2009, John L. Clark, personally appeared before me, acknowledged to me that he executed the enclosed Authorization to Proceed and Acceptance of General Terms and Conditions, and that by his signature on the instrument, executed the instrument. WITNESS m d officia seal. Signature an an My Commission Expires: February 15, 2013 (Seal) General Terms and Conditions This Agreement is subject to the following terms and conditions and, by accepting this Agreement or any part thereof, the OWNER agrees and accepts the terms and conditions outlined below: 1. Payment: a) Owner will pay Foster Lake 8 Pond Management Inc (FLPM) for the services and expenses in accordance with Invoices to OWNER on a quarterly basis, and a final Invoice upon wrnplellon of the service proNtled, Each Invoice Is due and payable In full upon presentation to the OWNER. Involms are past due after 30 days, Past due amounts are subject to a Service Charge of 1.5 permnl per month (18 percent per annum) on the outstanding balance, from date of Invoice. Attorneys fees and other costs Incurred In collecting past due amounts shall be paid by OWNER. b) If the OWNER falls to make payment to FLPM within 30 days after the transmittal of an Invoice, FLPM may, after giving 7 days written notice to the OWNER, suspend services under this Agreement until all amounts due hereunder are paid In full. If an Invoice remains unpaid after 90 days from Invoice date. FLPM may Initiate legal proceedings to collect the fees owed, plus other reasonable expenses of collection Including attorneys fees. 2. Term of Agreement: This Agreement shall have an Initial term of 12 months, beginning on the date this Agreement Is executed and mellow on a Monthdo- Month basis until terminated by either party (see Paragraph 16 below). 3. Cost Revision: Coal revisions may be renegotiated annually between the Parties and made a part of this Agreement via amendment. 4. Representations of OWNER: OWNER warrants and covenants that suffclent funds are available or will be available upon receipt of FLPM's invoice to make payment In full for the services provided by FLPM. 5. Representations of FLPM: FLPM represents that It Is an Independent contractor and Is not an agent, partner, joint venture or employee of OWNER. FLPM shall have no authority to bind or othervnse obligate OWNER In any manner. 6. Ownership of Instruments of Service: Al field data, reports, plans, specifications, notes and other documents, Including all documents on elearonlc media, prepared by FLPM as an Instrument of service, shall remain the property of FLMP. FLPM shall retain all common law, statutory and other rights, Including the copyright, thereto. In the event of termination of the Is Agreement and upon full payment of fees owed to FLPM, FLPM shall make available to OWNER males of all plans, specifications, reports, computations and correspondence. 7. Reuse of Documents: The Service, and any data, recommendations, Proposals, reports, design cnterla and similar Information provided by FLPM to OWNER pusuanl to this Agreement are provided for the exclusive use of OWNER on the Project and are not to be used or relied upon In connection with other projects or by third parties without the express written consent of FLPM. 8. Confidentiality: Subject to any obligation FLPM may have under applicable law or regulation, FLPM agrees to release Information relating to the Services only to Its employees and subcontractors In the performance to the Services or to OWNER's authorized representative and to persons designated by OWNER's authorized representative to receive such Information throughout! the active period of Service of this Agreement. 9. Assignment and Subcontracting: Nothing under this Agreement shall be construed to give any rights or benefits In this Agreement to anyone other than the OWNER and FLPM, and all duties and respominlilles undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and FLPM and col for the benefit of any other party. Neither the OWNER nor FLPM shall assign, sublet or frausfer any rights under or Interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict FLPM from employing Independent professionals and/or subWotrectom, as FLPM may deem appropriate to assist in the performance of services hereunder. 10. Project Site: Should OWNER not be owner of the project site, then OWNER agrees to reply the Ounegs) of the aforementioned possibility of unavoldable alteration and damage to Indemnify, and defend FLPM against any claims by the Owner or persons having possession of the site through the Owner which are related to such alteratlon or damage. 11. Access to She: OWNER Is responsible for Providing access to site, to the extent necessary for FLPM to carry out the services to be rendered under this Agreement. 12. Period of Services: Unless otherwise provided In the Agreement, FLPM will begin work promptly upon execution of this Agreement and, shall complete the services within a reasonable length of time. The mmpensatlon to FLPM included In this Agreement has been agreed to In anticipation of a continuous and orderly progress through the completion of FLPM's services. If FLPM's services are delayed or suspended In whole or In pan by the OWNER or others col under FLPM's control, the times of performance shall be extended to the extent of such delay or suspension. If such delay or suspension extends for such a time that demobilization and remobilization have to occur, the compensation provided for In this Agreement shall be subject to renegotiation 13. Unforeeen Occurrences or Conditions: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element Of mnsli cent or other unforeseen conditions or occurenoes are encountered which, in FLPM's sets judgment significantly affects or may affect the services, the risk Involved In providing the service or the recommended scope of services, FLPM will promptly notify OWNER thereof. Subsequent to that notification, FLPM my. (a) If practicable, in FLPM's sole judgment and with approval of OWNER. complete the original scope of mnAces In accordance with the procedures originally intended in the Proposal; (b) Agree with OWNER to modify the scope of services and the estimate of charges to Include study of the previously unforeseen conditions or cocmreromi such revision to be in writing and signed by the parties and Incorporated herein; or (c) Terminate the services effective on the date of notlflcation pursuant to the terms of TERMINATION OF CONTRACT. This Agreement is else subject to revision or termination by FLPM due to concealed contingencies such as leaks, debris, poor drainage situations, dogged drains, design flaws, structural failure, etc. rat readily apparent in estimating the labor and materials required for the Project. 14. Form Majeum: Should mmpletlon of any portion of the Services be delayed for causes beyond the control of or Without the taut or negligence of FLPM including force majeure, the time for performance shall be extended for a period equal to the delay and the parties shall mutually agree on the terns and conditions upon which Services may be continued. Force majeure includes but Is Trot restricted to acts of God or the public enemy, acts of the Government of the United States (or individual States, Counties or Local governments), or any foreign country, acts of OWNER's contractors or Agents, fire floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes andfor severe weather. 15. Standard of Care: FLPM shell perform Services for OWNER In a profess- sional manner, using that degree of care and skill ordinary exercised by and mnsistent with the standards of competent firms practicing In the same or a similar locality as the Project. No other warranty is expressed or Implied, 16. Subsurface Utilities: Any and all subsurface utilities (water, sewer, cable, irrigation, power, telephone, etc.) are to be located by the OWNER prior to FLPM site work. OWNER assumes all responsibility for any accidental damage that occurs If the locations of utilities are not clearly and accurately marked prior to commencement of work. 17. Accidental Damage: The pavement of heavy equipment may damage any and all concrete andfa asphalt roads, driveways, walking paths, curbing, and sidewalks that are locating In the area of the pmjecl. FLBPM, Inc. personnel will utilize the utmost caution to prevent this from omuring. However, the signer of this quotation assumes all responsibility for any accidental damage that occurs to these structures. 18. Limitation of Liability: The remedies set forth herein are exclusive and the total liability of FLPM whether in contract, tort (Including negligence whether sole or concurrent), or otherwise arising out of, mnnectlon with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by OWNER. 19. Termination of Contract: This agreement may be terminated by either party upon 30 days when notice in the event of substantial failure by the other parry to perform In accordance with the terns herein. Such termination shall net be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, FLPM shall be paid for Services performed to the terminmilm date. In the case of year-round service, FLPM shall also be compensated for materials cost which has been mlanlated for the tern of the contract period. 20. Sevembilhy: If any provision of this Agreement, or application thereof to any person or circumstance, shall fo any extent be Invalid, then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision, the remainder of this Agreement, or the application of each provision to persons or circumstances other man those as to Which it is held Invalid, shall cot be affected thereby, and each provision of this Agreement shall be vend and enforced to the fullest extent permitted by law. 21. No Waiver: No waiver by either party of any default by the other parry In the perfomanm of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or difference in character. 22. Merger, Amendment: This agreement constitutes the entire Agreement bet- ween FLPM and the OWNER, and negotiations, written and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both FLPM and the OWNER. 23. Lew to Apply: The validity, Interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, Hammers, Angela From: Hammers, Angela Sent: Tuesday, July 28, 2009 9:00 AM To: 'johnc@sboil.com' Cc: 'Abby Spencer' Subject: SW8 990406 - Han Dee Hugo's #21 (formerly proposed Bolivea Exxon Station) Dear Mr. Clark, I just wanted to send you a note to let you know DWQ received the renewal application, processing fee and transfer of ownership paperwork for the Han Dee Hugo's #21 (formerly proposed Bolivea Exxon Station) project last Monday (7/20/09). Thank you for the note also stating that Abby is working on the corrections. Upon receipt of a signed O&M agreement, I can proceed with the renewal of the permit to keep it up to date while the work to correct the deficiencies continues according to a written plan of action. Please put the O&M agreement and plan of action to my attention when sending to DWQ. Please let me know if you have any questions. I look forward to working with you in bringing this project into compliance with the state stormwater permit conditions. Sincerely, Angel Hammers (Please note my new email address is angelo.hammers@ncdenr.aov) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: 910.796.7215 Fax: 910.350.2004 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. stti . (�cfiik We Ckl�'H j 4 2j'CLV��C�cw'S d/ wi (� ��o (e I�uJGt q� reCe Jpt- �-F sc%*1 + 0.CCcP r c row t P&A, July 20, 2009 To: Angela Hammer NCDGNR From: John Clark Director of Operations Sampson-Bladen Oil Co. Re: Storm water Permit # SW 8990406 Angela, 1 have included everything in this packet except the Operations and Maintenance Agreement. have been in contact with Retention Pond Services and Abby over there is working me up a quote based on the results of your inspection. Once Abby gets me her quote I will submit the 0&M agreement. ohnf JUL Z p 2009 BY: DWQ USE ONLY Date Received Fee Paid Permit Number -ze9 -CO 7 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION I_ Stormwater Management Permit Number: SW 811NO G 2. Permit Holder's name (specify the name of the corporation, individual, etc.): Si.'M n3dn^ �4] `QUi//1 �� C°O• .�nl . 3. Print Owner/Signing Official's name and title (person legally responsible for permit): Oi rec�, - of Dpenlka� s 4. MajJjng Address for person listed in item 2 above: City: &" State: /jl C Zip: �3ez 9 Phone: (Qro , 5-F6 V Fax: (9'i� 5-1? .t - 0'5-0 Y Email:_ 0AA 5. Project Name: 6. Location of project (street address)): ' 6t "�20 6CPRn �'7cUY np City: W i it ALL60 ".� County: to project (from nearest major intersection): it. PERMIT INFORMATION: 1. Specify the type of stormwa ter treatment: ❑Constructed Wetland ❑Bioretention ❑Wet Detention Basin ❑Dry Detention Basin ❑Infiltration Basin []Infiltration Trench ❑Sand Filter ❑Other: 2. List any changes from project that was originally approved (attach additional,p!ges i�eeedvedh��� .. M 20 Form SWU-102 (Renewal Form) Version 02.16.09 Page 1 of 3 3. Do you have a copy of the original Operation and Maintenance Agreement? (check one) ❑Ycs (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.) k- (If no, then submit a new Operations and Maintenance Agreement that can be located on the Division of Water Quality Home Page under the BMP Manual link: http://l12o.enr.state.nc.us/su/bmp—forms.htm) Ill. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at htto://h2o.enr.state.nc.tis/su/tusi maos.hun) Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original & 1 copy of the Stormwater Management Permit Renewal Application Form • Application fee of $500.00 (made payable to NCDENR) • Operation & Maintenance Verification or a new O&M Agreement • SWU-101 Application Form (if requesting mod cation to the permit) • Transfer of Ownership/Name Change Form (if requesting transfer of ownership) "r or VI. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in General Information, item 3) certify that the information included on this permit renewal application is, to the best of my knowledge, correct / p and complete. 'n/ Signatu Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3 Operations and Maintenance Verification 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed in the original Operations and Maintenance Agreement. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title: Address: Phone: Date: Q t �dM Note: The legally responsible party should not be a lion�t association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 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 forgoing stormwater BMP maintenance requirements. Witness my hand and official seal, Notary Signature: SEAL My commission expires: Form SWU-102 (Renewal Form) Version 02.16.09 Page 3 of 3 F� NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: d / TN O 6 2. Permit Holder's name: [BY: ECEIVED JUN 9 2009 Resoues Signing official's name:( /X<,'//jpv Title: per�i legally r spon able fo crmit) / 11 Mailing address:` //2/1_City: Dee Freeman Secretary State: N ZipCode: i Phone: ,g �� G6f..2 Fax: 9/� ;2 f3 ���/ (Area Code and Number) (Area Code and NuAer) 11. NEW OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) a;- Change in ownership of the property/company (Please complete Items 92, #3, and #4 below). ❑ b. Name change of project (Please complete Item #5 below) ❑ c. Mailing address change. (Please complete Item #4 below) ❑ d. Other (please explain): 2. New owner's name to be put on permit: 3. New Signing official's name: Title: l�PP�w� o C/i7p/rXl��u�> (person legally responsible for permit) 4. New Mailingaddress: /. (,, 1?0V Volq City: C,/ik 7�^ State: Xt( ZipCode: 3 Q Phone: %/0 T96_(f3Y7 Fax: f/0-SF y (Area Code and Number) / (Area Code and Number) 1 5. New Project Name to be placed on permit: Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Nortf 1Caroll n a. Internet, wwivmcwaterquality.org J�/a atimn //ff An Equal Opportunity l Affirmative Action Employer !L" Page 1 of 2 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. f 5. An Operation and Maintenance plan, signed by the new applicant, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION NIUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, DlaV/ ba �l h./,4 s , attest that this application for a name/ownership change has been reviewed and 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. F10FAM, - New Applicant's Certification: (Must be completed for all transfers of ownership) attest that this application for a name/ownership change has been reviewed and 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. ., Signature: / /�/(�� A . ///I/ice/L _ _ Date: THE COXYLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NCDENR Division of Water Quality Surface Water Protection Section - Stormwater 127 Cardinal Drive Extension Wilmington, NC 28405 Name Ownership Change Form — 021209 Page 2 of 2 NCDE�R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 2, 2009 Mr. David Phillips, President Phillips Nursery, Inc. 1075 Town Creek Road Leland, NC 28451 Subject: Stornwater Permit No. SW8990406 Bolivia Exxon Station Brunswick County Dear Mr. Phillips: Dee Freeman Secretary The Division of Water Quality issued a Coastal Stornwater Management Permit, Number SW8990406 to Bolivia Exxon Station for a High Density project on June 24, 1999. This permit expires on June 24, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00, If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a forth for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stornwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sin Georgette Scott Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, NC 28405 PHONE: (910) 796-7215TAX: (910) 350-2004 An Egm9 OpporMi y I AfiYmelm Action Empbpr No�Caro a datum ff pfenany�r >,v s T 11 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Southport Property, LLC SECRETARY OF STATE L.L.C. ID NUMBER: 0819638 NATURE OF 13USINESS: Renlal Real Estate REGISTERED AGENT: CT Corporation System REGIS7-ERED OFPICI; MAILING ADDIZL'SS: 225 Hi1/sboroagh Streel Raleigh, :NC 27603 E-Filed Annual Report -1-0-7885274 For year 2008 Do not data enter manually. STATE OF INCORPORA r10N: DE REGISTERED OFFICE: STREETADDRESS: 225llill.shorough Street Raleigh, NC 27603 Wake County PRINC IPAI.OFFICE TELEPIIONI" NUMBER: 410-643-1797 PRINCIPAL OFFICE MAILING ADDRESS: 211 Cheers Alanor Drive Stevensville, MI) 21666 PRINCIPAL OFFICE STREET ADDRESS: 211 ChewsiNanor Drive Stevensville, jb1D 21666 MANAGERS/MEMI313RS/OIZGANIZI IZS: Name: John F. Clarke 11l Tide: A -/anger Address: 211 Chews Manor Drive Stevensville. A4D 21666 CERTIFICATION OF ANNUAL REPORT MUST. BE COMPLETED 13Y ALL LIMITED LIABILITY COMPANIES John F. Clarke III FORM MUST' ❑E SIGNED 13Y A MANAGER/MEN113FR John F. Clarke III 01 /21 /2008 DATE Manager '1-YPIi OR PRINT NAblld TYPE OR PRINT TITLE ANNUAL REPORT FEI7: $200 MAIL TO: Secrela y or Slate • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 I & SURVEYING, INC. August 31, 2000 NCDENR Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Ms. Noelle Lutheran RF_: Compliance Inspection Exxon Station Stormwater Project,No. SW8990406 Brunswick County Dear Ms. Lutheran: Please find enclosed the completed Designer's Certification for the subject project in accordance with the permit requirements. Please advise if additional information is required. Sincerely, N� WillWia\m/EE.. Fenner, Jr., PE Coastal Engineering & Surveying, Inc. WEF/jwm CC: Mr. David Phillips Ratley Construction 6Aa �-A) F:\Documents\Projects\P990322-United Energy\cert- Itr.doc 934 W. Kitty Hawk Rd. • Kitty Hawk, NC 27949 0 (252) 261-4151 a Fax: (252) 261-1333