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HomeMy WebLinkAboutSW8980236_Historical File_201209144 ... �� A `CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director September 14, 2012 Mr. Joseph M. Hutson, Manager Hutson & Nieper Enterprises, LLC 8232 Market St Wilmington, NC 28411 Subject: State Stormwater Management J. Michael's Philly Deli, North High Density Commercial Wet New Hanover County Dear Mr. Hutson: Permit No. SW8 980236 Detention Pond Project Dee Freeman Secretary The Wilmington Regional Office received a complete, modified Stormwater Management Permit Application for J. Michael's Philly Deli, North on September 12, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2008-211, as applicable. We are forwarding Permit No. SW8 980236 dated September 14, 2012, for the construction, operation and maintenance of the BMP's and built -upon areas associated with the subject project. This permit shall be effective from the date of issuance until May 8, 2022, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. The following modifications are included and covered by this permit: • The addition of 516 square feet of impervious area to the permitted drainage area to account for the covered deck. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 Christine Nelson, at (910) 796-7215. Sin ly, :-D Charles Wakild, P.E., Director Division of Water Quality GDS/ can: SAMMStormwaterTermits & Projects119981980236 HD12012 09 permit 980236 cc: Robert Pennington Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ne Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: www.ncwatorquality.org Viaturdtl_ An Fmial Onmrhinily 1 Afrmativa Anfinn Fmnlnvar State Stormwater Management Systems Permit No. SW8 980236 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 GRAFTED TO Hutson & Nieper Enterprises, LLC J. Michael's Philly Deli, North 8232 Market Street, Wilmington, New -Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond(s) in compliance with the provisions. of 15A NCAC 2H .1000 and Session Law 2008-211, as applicable (hereafter collectively referred to as the "stormwater rules') 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 May 8, 2022, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 of this permit. The stormwater control has been designed to handle the runoff from 39,426 square feet of impervious area. 3. For the impervious areas added by the modification and applicable to the Session Law 2008-211 rules, a 50' wide vegetative buffer must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 4. A vegetated filter strip is not required for this pond as it has been designed for a 90% total suspended solids removal efficiency. 5. The tract will be limited to the amount of built -upon area indicated in this permit, and per approved pians. This permit does not provide any allocation of built -upon area for the future development. 6. 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. Paqe 2 of 7 State Stormwater Management Systems Permit No. SW8 980236 7. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 8. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 1.25 Onsite, subject to 15A NCAC 2H.100, ft2: 53,934 Onsite, subject to SL 2008-211, ft": 516 Offsite, ft : b. Total Impervious Surfaces, ft2 none 39,426 Onsite, subject to 15A NCAC 2H.100, ft2: 38,910 Onsite, subject to SL 2008-211, ft : 516 Offsite, ft : none c. Design Storm: 15A NCAC 2H.1000, inches: 1.0 SL 2008-211, inches: 1.5 d. Pond Design Depth, feet: 5.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 12.5 g. Permanent Pool Surface Arel, ft2: 2,835 h. Permitted Storage Volume, ft : 4,291 i. Temporary Storage Elevation, FMSL: 13.8 J Controlling Orifice: 1.0" 0 pipe k. Orifice flowrate, cfs: 0.03 3 I. Permitted Forebay Volume, ft . 715 m. Fountain Horsepower: N/A, PPV <30000 cf n Peceivinn Stream/Rhmr RMsi;,: UT to Pages Creek / Cape Fear o. Stream Index Number: 18-87-22 p. Classification of Water Body: "SA" 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 signed and approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will not be allowed in the stormwater treatment system as the permanent pool volume is less than 30,000 cubic feet. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and ether supporting data. Paqe 3 of 7 State Stormwater Management Systems Permit No. SW8 980236 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. 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. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. 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. 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. 13. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity 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 or of 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 approval d 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. Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. Paqe 4 of 7 State Stormwater Management Systems Permit No. SW8 980236 3. Any individual or entity found to be in noncompliance with the provisions of this storrmwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 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, 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 re -issuance 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. The permittee shall submit a permit renewal request 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 modified and reissued this the 14t" day of September 2012. NOF�TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Qivision of Water QualityV��vv�v� By Authority of the Environmental Management Commission Paae 5 of 7 State Stormwater Management Systems Permit No. SW8 980236 J. Michaels Phill Deli North Stormwater Permit No. SW8 980236 New Hanover County 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 (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved. plans and specifications: Signature Registration Number Date SEAL Paqe 6 of 7 State Stormwater Management Systems Permit No. SW8 980236 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet 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 structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized and located 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. 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. cc: NCDENR-DWQ Regional Office Page 7 of 7 DWQ USE ONLY Date Received Fee Paid Permit Number -��QC19L 5T 17-1 9Q3b Applicable Rules: 09 Coastal SW -1995 Coastal SW - 2008 ❑ Ph II - Post Construction 11 (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M t Plan: State of North Carolina De- artmert of Environment a. d ?�,V atural 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.): I Michael's Phil1v Deli, North 2. Location of Project (street address): 8232 Market Street City:Wilmington County:New Hanover Zip:28411 3. Directions to project (from nearest major intersection): Appox. 1200 Ft. South from intersection of US 17 and Porter's Neck Road 4. Latitude:34.2977400 ' " N Longitude:-77.7918401 " W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SWU-102 — Renewal Application Form b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 980236 , its issue date (if known)05-08-98 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 ❑Drains 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): ❑CAMA Major ❑Sedimentation/Erosion Control: _ ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area b. If any of these permits have already been acquired please provide the Project N ame, Project/ Permit Number, issue date and the type of each permit: -Ai tie project lbca`tCd within 5 miles of a public airport? ❑No ❑Yes rf es, see S.L. 2012-200, Part VI: http:Hportal.ncdenr.org/web/wq/ws/su/statesw/rules laws AUG 17 Z012 , Vonn SWU-101 Version 06Aug2012 Page 1 of 6 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 project): Applicant/Organization:Hutson & Nipper Enterprises LLC Signing Official & Title Joseph M. Hutson Manager b. Contact information for person listed in item 1a above: Street Address:8232 Market Street City:Wilmin& on State:NC Zip:28411 Mailing Address (if applicable):SAME City: Phone: (910 ) 686-0070 Email:jhutson@ec.rr.com State: Zip: Fax: (910 ) 686-0584 c. 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 & b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: Email: State: Zip: State: Zip: Fax: ( ) 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:Robert L. Pennington Signing Official & Title:Engineer b. Contact information for person listed in item 3a above: Mailing Address:7629 Mallow Road City: Wihngton State:NC Zip:28411 Phone: (910 ) 520-0278 Fax: Email:robert@r LPPEcom 4. Local jurisdiction for building permits: Point of Contact: BY: Form SWU-101 Version 06Aug2012 Page 2 of 6 l V. -RO J CT INFOlttt/i kTrON -_.- ':e sw ace _ rcvidec below, briefly sunlrnarize ho\,' _ the storrnwater Munaff vaili be treated, Luc AbD t Y, vw t-,t C j ertgpo i'C is Fi .0 A AC If clairnir':gg vested rights, identify the supporting e, cumentss provided and the dare they were approved: ❑ Approval of a Site Specific Develo-p nent Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: Other: r if claiming vested rights, identify Elie regulation(s) the project has been designed in accordance va-ith: ❑ Coastal SW -1995 ❑ Ph II - Post Cor..struction Stormy Gter I anofT irorn this }project drains to the Capc Fear River basin River basin. Total ?rcperry Area: 1.7 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface theater Area: 0 acres ? Total 2roperty Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (61 = Total Project Area': n 3 acres Total }project area shall be cnlcrrlated to eachlde the fnlloirillpper� the nonital }Pool of iMpol"Ided strlrchires, the area between the banks of strenins and rivers, the area Uelozo the 1Vo"r'711i11 High Nater (NHVIt) line or Mean High Nater (MHi-b) like, and coastal uretlmMIS LandzlPalyd fi'n111 the NN'TV (or MHT j line. 77te resultant project area is itsed to calculate overall percent bitilt upon area (B UA). A1oii-costal it)ettands lnndurai•d of the NHiN (or MHlh j like 111a11 be included in the total project area. 8 Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = j z.4 How many drainage areas does the project have?I (For high deizsitty, count ?for each proposed engineered stonnulater BMP. For loin dr.•17sl(y 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. Basin Information Drainage Area Drainage Area Drama a Area Draina a Area Receiving Stream Name -- " Stream Class * ,y Stream Index Number Total Drainage Area (sf) 1C., On -site Drainage Area (sf) 5 -4-1 Off -site Drainage Area (sf) Proposed IIn errious Area" (sf) .0L I % Impervious Area"" (total) Z. Impervious** Surface Area Drainage Area _ Drainage Area _ Drainage Area Drainage Area On -site Buildings/Lots (sf) L. Zl • r On -site Streets (sf) On -site Parkin (sf) On -site Sidewalks A Other on -site (sf) � l Future (so Off -site (Sf) Existing BUA` (sf) 10 Total (so: -_Ty `f % Stream Cla<s and Index Number enn be determined at' litt r:•'.! R)1'tt71.11r tte'1)1Rt/ r hypervims area is defined as the built upon area including, but not limited to, buildings, roads; Cyr areas, sidewalks, gravel areas, etc. "Report only that aniount of caisting BUA that will rcmain after developinent. Do not report any existing BU.A t17nt is to be r•enim,ed anti Which ioill be repinced b i neto B UA. onu SWU-101 Version 06Au9201.) Page 3 of:; 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union Couniy: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&Ml forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from htt:/ / 12ortal.ncdenr.org/ web / wq/ ws/ su / bmp-manual. Vf. 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 fasted below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http:/ /portal.ncdenr.org/web/wq/ws/su/maps.) 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 initialed in blue ink. Download the latest versions for each submitted application package from http / /Rortal.ncdenr.org/web/wq/ws/su/statesw/forms docs. .ti 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://�rTi^.rw.envhelp.org/pages/onestopexpress.html for information or. the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor 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 drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 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 lines. ® 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. - - t- ti f-•- - - k. �xlstmg contours, proposed contours, spo eleva ons, mashed tloor elevatrons 1. Details of roads, drainage features, collection systems, and stormwater control m. Wetlands delineated, or a note on the plans that none exist. (Must be delineatrny qualified person. Provide documentation of qualifications and identify the pe 17 202 made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff ca�lations. o. Drainage areas delineated (included in the main set of plans, not as a separate document . _---- p. Vegetated buffers (where required). Form SWU-101 Version 06Aug2012 Page 4 of 6 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC - 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 15A NCAC 21-1.1003(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. hU://www.secretgi-y.state.nc.us/Coi:porations/CSearch.aspx VIL 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 http:/ /portaImcdennorg/web/wq/ws/su/statesw/forms does. 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. VIII. 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:Robert L Pennington Consulting Firm: Robert L Pennington Mailing Address:7629 Mallow Road City: Wilmington State:NC Zip:28411 Phone: (910 ) 520-0278 Fax: Email:robert@RLPPE.com M 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 Ia) with (print or type name of organization listed in Contact Information, item la) 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. 701ECEIVEFft AUG 17 2011 by: Form SWU-101 Version 06Aug2012 Page 5 of 6 r 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 143-215.1 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:, a Notary Public for the State of do hereby certify that before me this _ day of Date: County of personally appeared . and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) ]oseph Michael Hutson certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules der PACAC 2H .1000 and any other applicable state stormwater requirements. f Signature: Date: 1, h� �ak� a Notary Public for the State of ' o*h(AaUIIG County of � Ui1StiN ff11 do hereby certify that 'J �' f detel TI�.BLY) personally appeared before me this I l day of PnAW�-and knowled a execution of the application for a stormwater permit. Witness my hand and official seal, .•(1NA Slq� NOT oo� ®, ��'!l1111,111" V SEAL My commission expiresT 0 1 J, .514 AUG 17 2012 Form SWU-101 Version 06Aug2012 Page 6 of 6 Nelson, Christine From: Robert L. Pennington PE [robert@rlppe.com] Sent: Wednesday, September 12, 2012 3:56 PM To: Nelson, Christine Subject: RE: J. Michaels Philly North - SW modification submittal Attachments: rev 09-6-2012.pdf Christine, Here are the answers to your letter dated 09/06/12. Thank you for all your assistance in this mater. Tks Robert Robert L Pennington PE 7629 Mallow Road Please note address and email address. Wilmington NC, 28411 Phone 910-520-0278 Email robert@rlppe.corn From: Nelson, Christine fmailto:christine.nelson(ancdenr.gov] 7-:rrv- , 4 VIE Sent: Thursday, September 06, 2012 9:34 AM To: Robert P,• ihutson(dec.m.com 6 2012 Subject: J. Michaels Philly North - SW modification submittal Importance: High Mr. Hutson and Mr. Pennington, I have reviewed the information submitted on August 17, 2012 in response to the June 13, 2012 letter requesting additional information. After looking through the documents, I have found that the information in the submitted documents is still not correct. You are being given one more time to correct this submittal. I need you to correct the following items and re -submit them by September 12. If the resubmitted information is not correct or is not received by this date, the application will be returned and enforcement actions will be initiated. The following items need to be addressed: 1. Page 3 of the application with the information presented in Section V1.10 completed correctly. Right now the information in the first table appears to be one row off. Please also ensure to complete the row for the percent of total impervious area. 2. Complete the wet detention pond supplement electronically. This is an interactive document. 3. The entire drainage area and impervious area needs to be presented on the wet detention pond supplement, not just the additional area. If you wish to further clarify the areas associated with each set of rules and design storm, the various areas can be hand written off to the side. 4. If this site is greater than Y mi from SA waters, then the 'Storage Volume: Non -SA waters' portion of the supplement needs to be completed. S. The temporary pool elevation presented is not consistent with the other elevations presented. 6. The SA/DA ratio has not been entered on the supplement. Determine the SA/DA ratio for the new site conditions, provide the supporting calculations, and enter the determined SA/DA ratio in the supplement. 7. Demonstrate how a permanent pool volume of 3,372 ft3 was determined. Please let me know if you have questions regarding any of these ite►ns. Christine Robert L. Pennington PE From: Nelson, Christine [christine.nelson@ncdenr.gov] Sent: Thursday, September 06, 2012 9:34 AM To: Robert P; jhutson@ec.rr.com Subject: J. Michaels Philly North - SW modification submittal Importance: High Mr. Hutson and Mr. Pennington, I have reviewed the information submitted on August 17, 2012 in response to the June 13, 2012 letter requesting additional information. After looking through the documents, I have found that the information in the submitted documents is still not correct. You are being given one more time to correct this submittal. I need you to correct the following items and re -submit them by September 12. If the resubmitted information is not correct or is not received by this date, the application will be returned and enforcement actions will be initiated. The following items need to be addressed: 1. Page 3 of the application with the information presented in Section V1.10 completed correctly. Right now the information in the first table appears to be one row off. Please also ensure to complete the row for the percent of total impervious area. m,'' `J 2. Complete the wet detention pond supplement electronically. This is an interactive document. 3. The entire drainage area and impervious area needs to be presented on the wet detention pond supplement, not just the additional area. If you wish to further clarify the areas associated with each set of rules and design storm, the various areas can be hand written off to the side. 1 i, - 4. If this site is greater than % mi from SA waters, then the 'Storage Volume: Non -SA waters' portion of the supplement needs to be completed. 5. The temporary pool elevation presented is not consistent with the other elevations presented. 6. The SA/DA ratio has not been entered on the supplement. Determine the SA/DA ratio for the new site conditions, provide the supporting calculations, and enter the determined SA/DA ratio in the supplement. 7. Demonstrate how a permanent pool volume of 3,372 W was determined. Please let me know if you have questions regarding any of these items. Christine chr stifle Edelson Environmental Engineer State Starmwater Program NC Division of Water Quailty 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:910-796-7323 PCEIVED Email correspondence to and from this address is subject to the North Carolina Public Recor 's Law and may be disclosed to third parties unless the content is exempt �?xtLQe6r URregui Lion. BY: 49M Aug If MA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director June 13, 2012 Mr. J. Michael Hutson Hutson & Nieper, LLC 8232 Market St. Wilmington, NC 28411 Subject: Request for Additional Information Stormwater Project No. SW8 980236 J. Michael's Philly Deli, North New Hanover County Dear Mr. Hutson: ECEI I AUG 17 2012 BY.. Dee Freeman Secretary % 5�" C9h, �v cro\rer IP-16C or CA r The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for J. Michael's Philly Deli, North on May 15, 2012. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide the GPS coordinates for the project Sits `(Ssctian 1.4 u; he application). 2. The permittee listed in Section 111.1 of the application, Hutson & Nieper LLC, is different than the current permittee, Hutson & Nieper Enterprises LLC, The New Hanover property tax records appear to indicate that Hutson & Nieper Enterprises LLC still owns the property. If this is true, a. Please correct Section 111.1.a of the application to correctly identify the organization. b. Instead of listing 'President' as the signing official & title, please list a person and their title as either the manager or member (of the manager -managed or member - managed LLC). The NC Secretary of State currently identifies either Louis P.F. Nieper or Joseph M. Hutson as managers of Hutson & Nieper Enterprises LLC. c. Ensure that the person identified in Section 111.1.a of the application signs Section X of the application and any other necessary application documents, including operation and maintenance agreements (see item 4 of this letter). If signatures by other persons are desired, then a signed letter of authorization from the person identified in Section 111.1.a must be provided which includes the name, title, mailing address and phone number of both people. 3. Please revisit the total impervious area identified for this project in the second table in Section IV.10 of the application. The sum of the impervious areas is higher than the -55 oLp total presented. Additionally, if there is extra capacity (volume and surface area, etc) to the pond, you might want to consider including a future impervious area allotment, which reduces the permitting burden if additional impervious areas are desired in the future. 4 Since the design conditions of the wet detention pond have changed, please provide updated calculations as well as a new supplement and operation & maintenance agreement, which can be found at the following website: hfp://Dortal.ncdenr oEg/web/wa/ws/su/bmp chlo, These updated documents are necessary to demonstrate that the pond is capable of handing the current conditions. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 T\\7�ne Internet: www.ncwaterquality.org Io„ Carolfiia An Equal Opportunity l Affirmative Action Employer XaAd Pii�4 J. Michael Hutson June 13, 2012 Stormwater Application No SW8 980236 5. In the calculations, any impervious area exceeding the previously approved amount must be considered under the current rule. For instance, if 516 square feet of impervious area has been added, then 516 square feet of impervious area and drainage area (100% impervious) would be used in the rational method to determine the required storage volume for a 1.5 inch design storm. The required storage volume for the previously approved drainage area, based on the original design storm, would be reduced by 516 square feet. 6. Please demonstrate how the runoff from the additional area will be collected and directed to the wet detention pond. 7. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms and make changes as needed. 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 July 15, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal 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. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. 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 reference the State assigned project number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine.nelson@ncdenr.gov. Sincerely, cal�o�- `o_ - Christine Nelson Environmental Engineer GDS/can: S:IWQSIStormwater\Permits & Projects11998\980236 HD12012 06 addinfo 980236 cc: Robert Pennington Wilmington Regional Office Stormwater File Page 2 of 2 MEIt. w L.P ROBERT L PENNINGTON EMAIL roberi@rlppe.com 7629 MALLOW ROAD PHONE (910) 520-0278 WILMINGTON, N C 28411 August 13, 2012 J. Michaels Philly Deli, North Detention Pond Calculations: Required volume per permit = 3,145 cf Provided volume per permit = 4,291 cf Additional volume @ 100% impervious 1.5" Runoff V = 1.5112 X DA X % IMP V = 105/12 X 516 X 1.00 = 64.5 cf say 65 cf New required volume V = VeAsting + Vnew = 3,145 cf + 65 cf =3,210cf<4291 cfOK AUG 17 2012 8Y:_ 0 a19l ►2/12— ENGINEERING STRUCTURAL - LIGHT GAUGE DESIGN - STORM DAMAGE LICENSED IN 34 STATES Nelson, Christine From: Nelson, Christine Sent: Friday, August 10, 2012 2:19 PM To: 'Robert P' Subject: RE: J Michaels Philly status? Robert, After speaking to my boss, we understand medial issues can be tough so we will make an exception for this one time and will allow an additional week. Please just remember that the information you submit must address all of the issues satisfactory. Since the 60 days have been used up, I cannot issue another request for additional information. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Robert P fmailto:robert(arIppg.com] Sent: Friday, August 10, 2012 11:33 AM To: Nelson, Christine Subject: RE: ] Michaels Philly status? Christine After my last email to you I have had some medical Issues and been unable to work. I am asking you if it would be possible to get a week extension. I am sure! can Finnish the project by then. Thanks in wdvance Robert Pennington Mr. Hutson, I have been attempting to contact your consultant to check on the status of the items requested in the June 13, 2012 letter. This information was due prior July 15 and, as of this date, 1 have not received anything in response to that letter. As I have noted in my previous e-mails, we are only allowed to give 60 days to permittees and consultants to respond to ALL requests for additional information. If the information requested in this letter is not submitted by August 13, 2012 (60 days from the date of the original letter) and subsequently found satisfactory, this project will be returned and the site will be issued a Notice of Violation. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Robert L. Pennington PE [mailto:robert0rlppe.com] Semi: Wednesday, August 01, 2012. 5:08 PM To: Nelson, Christine Subject: RE: J Michaels Philly status? Christina, I got you email and will get back to you tomorrow. I am out of town today. Tks Robert Robert L Pennington PE 7629 Mallow Road Please note address and email address. Wilmington NC, 28411 Phone 910-520-0278 Email robert@rlppe.com From: Nelson, Christine[mailto:christine.nelson[a-pncdenr.eovl Sent: Wednesday, August 01, 2012 4:31 PM To: robert@rlppe.com Subject: FW: J Michaels Philly status? Hopefully this e-mail will reach you this time. I was using the e-mail address provided in Sections 111.3 and VIII of the application. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Nelson, Christine Sent: Tuesday, July 31, 2012 1:46 PM To: 'robert@)robertipennington.com' Subject: J Michaels Philly status? Robert, I just wanted to follow up on our phone call last week. The requested information was due prior to July 15. 1 am only allowed to give 60 days to the consultants and permittees to respond to ALL requests for additional information. This project is now beyond 45 days. I believe, you told me last week that you would either have something to me by the end of the week or would let me know. I haven't seen anything cross my desk yet. If I do not get the requested information by the end of this week, the project may have to be returned. I know you haven't received my a -mails in the past, so if I don't hear from you this afternoon, I will try calling. Thanks, Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Nelson, Christine Sent: Wednesday, August 01, 2012 4:31 PM To: 'robert@rlppe.com' Subject: FW: J Michaels Philly status? Hopefully this e-mail will reach you this time. I was using the e-mail address provided in Sections 111.3 and VIII of the application. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Nelson, Christine Sent: Tuesday, July 31, 2012 1:46 PM To: 'robert@robertlpennington.cwm' Subject: J Michaels Philly status? Robert, I just wanted to follow up on our phone call last week. The requested information was due prior to July 15. 1 am only allowed to give 60 days to the consultants and permittees to respond to ALL requests for additional information. This project is now beyond 45 days. I believe, you told me last week that you would either have something to me by the end of the week or would let me know. I haven't seen anything cross my desk yet. If I do not get the requested information by the end of this week, the project may have to be returned. know you haven't received my a -mails in the past, so if I don't hear from you this afternoon, I will try calling. Thanks, Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Nelson, Christine Sent: Thursday, July 19, 2012 11:24 AM To: 'robert@robertpennington.com' Cc: jhutson@ec.rr.com Subject,: J Michaels philly D9!i North stormwater modification Robert, I just wanted to follow up with you regarding the additional information I requested on June 13 in regards to the modification to the state stormwater permit for J Michaels Philly Deli North, 5W8 980236. The information was due prior to July 15, 2012 and I have not seen it cross my desk yet. Did you submit it? If you had, can you let me know approximately when so I can start trying to track down where the package went? Thanks, Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Weaver, Cameron Sent: Monday, June 18, 2012 11:46 AM To: jhutson@ec.rr.com Cc: Nelson, Christine Subject: J. Michaels Philly Deli North-SW8 980236 Modification Attachments: 2012 06 addinfo 980236.docx Mr. Hutson: Attached is the additional information letter that was dated last Wednesday and should be on its way to you through the mail system. This letter details the items that Christine needs to finish processing your permit modification. I am copying her on this so that she knows that I've also emailed the letter on to you. Please let me know if there are other issues where I may assist. Cameron Cameron Weaver Cameron.Weaver@ncdenr.eov Environmental Assistance Coordinator NCDENR / Division of Environmental Assistance and Outreach (DEAO) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F) 910-350-2004 http://ncenvironmentalassistance.ore/ 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. NCI J ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary June 13, 2012 Mr. J. Michael Hutson Hutson & Nieper, LLC 8232 Market St. Wilmington, NC 28411 Subject: Request for Additional Information Stormwater Project No. SW8 980236 J. Michael's Philly Deli, North New Hanover County Dear Mr. Hutson: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for J. Michael's Philly Deli, North on May 15, 2012. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide the GPS coordinates for the project site'(Section 1.4 of the application). 2. The permittee listed in Section 111.1 of the application, Hutson & Nieper LLC, is different than the current permittee, Hutson & Nieper Enterprises LLC. The New Hanover property tax records appear to indicate that Hutson & Nieper Enterprises LLC still owns the property. If this is true, a. Please correct Section 111.1.a of the application to correctly identify the organization. b. Instead of listing 'President' as the signing official & title, please list a person and their title as either the manager or member (of the manager -managed or member - managed LLC). The NC Secretary of State currently identifies either Louis P.F. Nieper or Joseph M. Hutson as managers of Hutson & Nieper Enterprises LLC. c. Ensure that the person identified in Section III.1.a of the application signs Section X of the application and any other necessary application documents, including operation and maintenance agreements (see item 4 of this letter). If signatures by other persons are desired, then a signed letter of authorization from the person identified in Section 111.1.a must be provided which includes the name, title, mailing address and phone number of both people. 3. Please revisit the total impervious area identified for this project in the second table in Section IV.10 of the application. The sum of the impervious areas is higher than the total presented. Additionally, if there is extra capacity (volume and surface area, etc) in the pond, you might want to consider including a future impervious area allotment, which reduces the permitting burden if additional impervious areas are desired in the future. 4. Since the design conditions of the wet detention pond have changed, please provide updated calculations as well as a new supplement and operation & maintenance agreement, which can be found at the following website: http://nortal.ncdenr.orc/web/wa/ws/su/bma-ch1o, These updated documents are necessary to demonstrate that the pond is capable of handing the current conditions. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX 910-350-20041 DENR Assistance: 1.877.623, 6748 N146fffiCarolina Internet www.ncwaterqualilyr.org n,���l//� 'An Equal Opportunify 1 Affirmative Action Employer •u J. Michael Hutson June 13, 2012 Stormwater Application No. SW8 980236 5. In the calculations, any impervious area exceeding the previously approved amount must be considered under the current rule. For instance, if 516 square feet of impervious area has been added, then 516 square feet of impervious area and drainage area (100% impervious) would be used in the rational method to determine the required storage volume for a 1.5 inch design storm. The required storage volume for the previously approved drainage area, based on the original design storm, would be reduced by 516 square feet. 6. Please demonstrate how the runoff from the additional area will be collected and directed to the wet detention pond. 7. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms and make changes as needed. 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 July 15, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal 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. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. 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 reference the State assigned project number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine.nelson@ncdenr.gov. Sincerely, Christine Nelson Environmental Engineer GDS/can: S:1WQS1Stormwater\Permits & Projects119981980236 HD12012 06 addinfo 980236 cc: Robert Pennington Wilmington Regional Office Stormwater File Page 2 of 2 New Hanover County Page 1 of 3 PARID:R03600-005-042-000 HUTSON/NIEPER ENTERPRISES LLC Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip Sales Sale Date 28-NOV-07 05-APR-99 05-APR-99 26-FEB-98 03-MAR-97 20-MAY-92 19-MAY-92 19-DEC-90 Sale Details Sale Date Sale Key Sale Price Grantee Grantor Sale Source Book Page Sale Validity Sale Type Sale Flag STEB Instrument # Instrument Type Adj. Reason Adj. Price Adj. Amount Commercial Card Building Number 326019.51.1470.000 8232 MARKET ST WILMINGTON CFBM1 COM-Commercial 584-Eating Place w/Alcohol 1.43 B-1-BUSINESS DISTRICT (1.43 AC) PT TR 3 RUSHER DIVISION FD HUTSON/NIEPER ENTERPRISES LLC WILMINGTON NC 28411 THE DATA IS FROM 2012 Sale Price Grantee NEW HANOVER COUNTY WATER & SEWER $0 RIPROARIN PARTNERS $0 HUTSON/NIEPER ENTERPRISES LLC $338,000 HUTSON/NIEPER ENTERPRISES LLC $60,000 RIPROARIN PARTNERS $0 PIVER DOROTHY R $0 PIVER DOROTHY R $0 RUSHER E A SR HEIRS 28-NOV-07 427547 Grantor HUTSON & NIEPER ENTERPRISES LLC PIVER DOROTHY R E SNOW RIPROARIN PARTNERS RIPROARIN PARTNERS PIVER DOROTHY R E SNOW RUSHER E A SR HEIRS RUSHER E A SR HEIRS RUSHER JOSEPHINE J (WIDOW) NEW HANOVER COUNTY WATER & SEWER HUTSON & NIEPER ENTERPRISES LLC 5255 445 U-Unqualified IMPROVED F Easement 1 1 http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R03600-005-042-000&gsp=PROFIL... 6/13/2012 New Hanover County Page 2 of 3 Structure Code/Description RES-RES Improvment Name J. MICHAELS PHILLY DELI Units Year Built 1999 Effective Year Built 2001 Grade B- Class C-COM Other Improvements Other Imp Value Total Under Roof 0 Building Factor 1 Percent Complete % Percent Good 85% Notes Other Feature Details Card 1 Int/Ext Line 1 Area Measurement 1 11 Measurement 2 13 Identical Units 1 Summary of Interior/Exterior Data Card Line Number Section From Floor 1 1 1 01 1 2 1 02 Interior/Exterior Details Card 1 i_ in Numher Section 1 From Floor 01 To Floor 01 Area 6,410 Use Group RES Class Physical Condition A Construction 1-1 Wall Height 12 Interior Wall 2-2 Air 1-1 Plumbing 0-0 Units Functional Depr. Economic Depr. Summary of All Other Features Card Int/Ext Line 1 1 1 1 1 1 THE DATA IS FROM 2012 Misc. Improvements Card Desc Year Built Grade 1 PC -PC 1999 C THE DATA IS FROM 2012 Values Year Total Land Width To Floor 01 02 Length P http://etax.nhcgov.comIFormsIPrintDatalet.aspx?pin=RO3600-005-042-000&gsp=PROFIL... 6/13/2012 Complet4Rness Review Checklist Project Name: 11 d, r Received Date: ISfy &I a Project Location: ,){h�n(Accepted Date: Vl v 6 Rule(s) �zoo8 Coastal 111995 Coastal Phase II (WiRO) Universal E]1988 Coastal Type of Permit: New or o or PR Existing Permit # (Mod or PR): MPE Cert on File? Density: HL or LD Type:r Commerc 1 or Residential ®NCG: %: _❑(% 00) Stream Class: ❑SA Map E]Offsite to SW8 Subdivided?: Subdivision or -Single Lo d MORW Map MExempt Paperwork ailed Engineer on: Sa¢plement(s) (1 original per BMP) BMP Type(s): �7 O&M with correct/original signatures (1 (riginal per BMP except LS/VFS and swales) Application with correct/original signatures k •v E3-,b%1%M1 C5 11 Carp or LLC:, i . Auth. per SoS or letter _Note to Reviewer' M$505 (within 6mo) �^ ®' I�t9'S®'�f.Ct d ' Os Report with SHWT IDCalculations (signed/seal ' J 3' , %k\bso M& ln��x� , at LAI1� ; mop -Co PNo OL6 r19n �1 No obvious errors NAP Wt% l Cet aSZln�f� �nsSPE���� �,. FiDensity includes mmon areas, etc ► �� nr,. (� ► i..,.„ .ice.• %7 .w... �a / 1 • Cv.w �1�-+�. � %JJ r- ► . - Deed Restriction , if subdivided: (P �`�P-�m+*Q A)E% -V1.*2 \crc Signed & otarized �� �� �� ® �� M Q� qr-r-tv-� —7 gL60 D Igo ®Corre Tem late Comm Res & HDAD) or Dec. Covenants & Rest. `TRt- MW Plans K640 O-r , (MV, k� �{ 'ex��i$ "t¢ ` au"Tv - Cm �t, � ets Details (raads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc; ®Grading ®Wetlands: Delineated or No Wetlands ®Vicinity Map ®Layout (proposed BUA dimensions) ®Legend ®DA Maps ®Project Boundaries Infiltration Wet Pond (NeAel�w, Offsite Soils Report Soils Report QbOW ®PE Cert for Master Lot #: SHWT: SHWT: ®Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: N Permitted S /s (q'? Proposed: �a� Q proposed: Proposed:- -_ BUA (sf) DA (sf) PP (el) &UE20- �1 gAr► SA (sf) zw, O�` a O :54A 60 C Dolt ZJ4A 1460 W 3 l P 5&4 ►rnt 'JLAtf4 General Data: Impervious, Drainage Area and Volume PROJECT NUMBER: SW8 980236 Reviewer: K. Johnson DRAINAGE BASIN: Cape Fear Current Date 17-May-12 Original Run Date: 17-May-12 DA Number 1 2 3 4 5 8 7 8 9 10 BMP Type Wet Pond No BMP In DA No BMP In DA No BMP In DA No BMP In DA No BMP In DA No BMP In DA No BMP In DA No BMP In DA No BMP in DA Receiving Stream Stream Index Class Impervious Area Proosed Impervious ALL IMPERVIOUS Total ffz: 39,0261 0 0 0 01 u U1 U 0 u Onsite Buildings 39,026 Onsite Streets Onsite Parkin Onsite Sidewalks Onsite Other Future Oi"site Existin P Imp"'Imp"Ws, OldRule, F?� 38,918 0 0 0 0 0 0 0 0 0 Onsite Buildings 38,918 Onsite Streets Onsite Parkingi Onsits Sidewalks Onsits Other Future Offsite Existino 108 0 0 0 01 0 0 0 0 0 oraina a Area Draina a Area Total fe: 1 54,450 Onsite fe: 1 54,450 Oftite.ftz; 0 01 0 0 Previously -Permitted Drainage Am&Old Rule. fe: 54,450 0 01 01 0 0 01 Onsite fe: 54,450 Offsite fe: 0 Proposed DA (Being Added By Mod) , fe: 0 Drainaae Area Subject to Old Rule fP: 54.342 0 0 0 0 0 0 0 0 0 Drainaue Area Sub ect to New Rule fe: 1 108 Percent Impervious Overall, per DA: 1 71.67% Volume Required Volume Re uired Old Rule fe: 3,145 Rvp.DevelopmeM, Old Rule: 0.69 Desi n Storm Old Rule in: TO Volume Re uired New Rule fe: 13 RVPre Dmlopmenb New Rule: 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 RVPos[Developmenb New Rule: 0.95 Design Stormt.s., in: 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 Design StornlgpyMr, in: Subject to SA? or N N Volume Required,N, : Volume Requiredlm4hr. : L2L]j Volume Re uired Total Old +New Rule fe: —� 29wkDCD "4)0 (:�Os one / / F TaTl�Lirai Araa.� a " acres 54a - 1.25 use build' a. ;tires 6,200 OJT' R 30,460 0.70 792 0.02 Total — 37,452 W 0,86 6ternwwatar Ca oulat ons. Time of Concentration. Flfftuft Length tL- r! "_....._. :hangs in Harp t i" = s it. _ 197 min. Flow for 2 year, 8 hour Storm (02) spas = (CPne) 'x (11) x (Area) ,7 184 cfs Qposr ' (CK=) x (y x (Ama) 5.44 ds 9af� l 5tora a CavaE!y for 2 year Storm. = 97 P = 3 30 in for 2 yr, 6 hr storm S = 1000fCN • 10 1,49 Depth (D)= (P-(4.2)(S)1' f (P-(0 8)(S)( = 2.fl0 in. Tlms to Peak Flow: Tp ' ((43 5)(D)(Area)( f Ch f—Insy, 20.03 nit. County Storage Required for 2 yew Storm. _ Tp = Vol. t (1.39)(0p) Vol - (TOO .V){ ASO sec ) Cr Y C; porn a z Dee - ISO cfs Vol. = 6,01e cu. R. L?etention_Pcii+ i�se i9p... Pond Size. Elevation Surf -ace Aran (3g, R,) Nonnaf Pool- 12,50 3,050 State flood Pact _ 13,70 3,920 5.100 y M Flood Pod --' i5.00 T f3anit 15.5A 5,490 E!2 tom of Pool 7.50 1 0 Provided State 22 'Volume. Vol. _ ((Hofrnaf poof SA r Flood Par! SAl T T)_.. _. I x (F,F' Slav • N'P alrx: ) 4,162 cu.. R. i r i.a P ai.,•i 1 = 10,188 cu, R. Hi'; t Y CAFE S!Ofrt1"rdt 4r 0:11culat:. ^,%: rpe Lewz (L.e) aivi 1 ynn Ha%am it y) Use Hydrulogie Sn+i Group'£(' (h H C:rw.r3y SC'n h'truall asap N+) Zoning: R.1 (SH.t)0 ```J11t1t111tf11"JI, ��`� /�N1`31113'• p' . �jcZO WO C •.� � 1; 1 3(_i '°4i }mp..t +inrrs; = 0 fi98 ss e+a An Cn,,.p _ ;•ir imp )( 91)+11 'b imp >{ ?5} 0 7, j 1a = a 88 it+ifir r �J Ira = 7,23 1whr J I Flow for 10 year, 6 flour Storm (t) r0) C1e¢e = (Cvne) x (1,0) x (Areal • 2 26 efs Qvc r = (Cprsr) x (1,o) %'Area, 6.89 cis Soil Stoine Capacity for 10 yem Storm. ET P = A.@0 in for 10 o 6 hf storm S 10OW-W 10 3.38 in Time to Peak flaw _ ' ryTs (f to 1(t )RArr•ai( fi,nt xr _._ 27 48 min County stwago, Required for 10 year Storm. r T p - Vat r (i 30110'ar) V,A = C!pNi 391(7p)(60 sar, } !tip " C+Ov+-^s Q, nee - a a 3 pis Vol = 10.147 cu. R State Surface Area Requiremere at normal pool. Pond sids sicpas = 3 1 pgth below 4.P. = 5 R SAIDA = 0 Mon {Chart for 90% TSS Removal rer Wet Delentinn Pond Without Vxgetat)ve Filter) - Requited SA = (SAMA) x (finial Drainage Ar a) _ _..— _ .—.2_723 Stata sloluma Reaulred for Storage of first 1 ` d runoff Vc1 s (rtf12) x (DA) x (% imp 2J k I ((1r12)it(VA)x(1 M,Tnp)x(.'( C - 0 2 1 .-- .._... = 3,404 cu. R ECIEIVE MAY 15 2012 BY.. 1 %4 2/24/96 SLS Required Volume Vol. = 20% of Required state storage volume 681 cu. R. Outlet Structure Desion: Flow for 2-day dmwdown: for 1st I'd stonnwater, Q - Provided Vol. / 172,800 sec. (2-days) = 0.059 cfs Required Area or Pipe tar z-aay drawdown: A- 0/[CdxSQRT(2xgxh)] Cd - 0.6 g = 32.2 Us? h = (F.P. elev: N.P. elev.) 12 1.25 R. A = 0.0110 sq. R. Diameter of Ph* for 2-day drawdown: DIA. = SQRT[(A x 4) / pi] = 0.1181 R. 1.42 In. Outlet Structure Check: Using a.4' x 4' Basin, Perimeter Is R. PHILLY CAFE Stormwater Calculations Q = CIA' -- C - (% imp.)(.95) + (1-% imp.)(.25) = 0.74 I = 7.23 In. for a 10 yr. Storm A- 1.25 Acres = 6.69 cis Q= CwxLxHr-5 H = [Q / (Cw x L)]7'3 Cw - 3 = 0.27 R. Peak elevation = flood pool elevation + H • 15.27 R_ Provided Volume INormal Pool SA = 390 sq. It. Flood Pool SA - 778 sq. R. Vol. [(N.P. SA + F.P. SA) / 2] x (F.P. el. - N.P. el.) 701 cu. ft. depth = 2.5 R. Flow for 5-day drawdown: for 1st 1' of stommrater. Q = Provided Vol. 1432.000 sec. (5-days) = 0.024 cis Required Area or Pipe ror "ay drawdown: A= Q/ (Cd x SQRT(2 x g x h)) Cd = 0.6 g = 32.2 R./sZ h = (F.P. elev. - N.P. elev.) / 2 1.25 k A = 0.0044 sq. R. Diameter of Pipe for 5-day drawdown: DIA. = SQRT[(A x 4) / pi] 0.0747 It. 0.90 in. L1:rOLC:, Arm - MAY 5 2012 97130 r 97130PONitxls 2 of 2 t 2/24198 PHILLY CAFE 97130 SLS Swale Calculations trapezoidal swales 3 e b Cross -Sectional Area (A) = bd + Zd2 Hydraulic Radius (RH) = A / [b + 2d(sgrt(Z2+1)] Z= e/d = 3 Q = (1.49/n)(A)(RH)213(S)112 Stormwater Calculations: Drainage Area = 37.0 acres Runoff C = 0.40 Intensiti 110 = 6.3 in/hr Q = CIA 93.24 cfs :urnlo C_alculafinns• swale length = difference in height = Slope (S) = n= 2 ft. 0.0121 ft/ft 0.03 RECEIVE MAYS2m By— Swale Flow Flow Hydraulic.. Available Velocity Top Base (b) Depth (d) Area (A) Radius (0,H) ' (Q) (V) Width (T) ft ft (sq. ft.) (cfs) (f s ft' 2.00 2.10 17.43 3 1.14 104.05 5.97 14.6 4W swalestrapz.xls 1 of 1 .... 5y�vrV14 046238 LIMITED LIABILITY COMPANY ANNUAL REPORT Do not data enter manually. �a NAME OF LIMITED LIABILITY COMPANY: HUTSON & NIEPER ENTERPRISES, L.L. C. REPORT FOR THE YEAR: 2012 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0423900 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: Nieper, Louis P.F. REGISTERED OFFICE MAILING ADDRESS: 8232 Market St. Wilmington, NC 28411 REGISTERED OFFICE STREET ADDRESS: 8232 Market St. Wilmington, NC 28411 New Hanover County PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 686-0070 PRINCIPAL OFFICE MAILING ADDRESS: 8232 Market St. Wilmington, NC 28411 PRINCIPAL OFFICE STREET ADDRESS: 8232 Market St. Wilmington, NC 28411 MANAGERS/MEMBERS/ORGANIZERS: Name: Louis P. F. Nieper Name: Joseph M. Hutson Title: Manager Title: Manager Address: Address: 8232 Market Street 8232 Market Street Wilmington, NC 28411 Wilmington, NC 28411 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Louis P. F. Nieper FORM MUST BE SIGNED BY A MANAGER MEMBER Louis P. F. Nieper 4/21/2012 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 AANIPA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary February 14, 2012 Mr. J. Michael Hutson Hutson and Nieper Enterprises, LLC 3501 Oleander Drive Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 980236 Renewal (Corrected) and Notice of Inspection J. Michael's Philly Deli, North High Density Commercial Project New Hanover County Dear Mr. Hutson: On September 20, 2010, the Wilmington Regional Office issued a State Stormwater Management Permit to you for J. Michael's Philly Deli, North. A review of that permit revealed that cover letter and page 2 of the permit contained a minor error in the expiration date, which is being corrected by this permit renewal correction letter. This permit was originally issued on May 8, 1996 and had an original expiration date of May 8, 2008. In the Notice of Inspection dated August 25, 2010, this permit was granted a 3 year extension per Session Law 2009-406 such that the new permit expiration date was May. 8, 2011. When this permit was renewed on September 20, 2010, this 3 year extension was overlooked. Additionally, on August 2, 2010, the Governor signed Session Law 2010-177, which extends the effective period of any stormwater permit by an extra year. Accordingly, Stormwater Permit SW8 980236, which was set to expire on May 8, 2018 per the September 20, 2010 permit renewal is now in effect until May 8, 2022. The plans previously approved on May 8, 1998, in accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995, remain in full force and effect. 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. Additionally, on February 6, 2012, the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected the built -upon area associated with J. Michael's Philly Deli, North to determine compliance with Stormwater Management Permit Number SW8 980236. DWQ file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the -attached inspection report, the following deficiencies must be resolved: 1. Due to the addition of a roof over the deck area and thus increasing the built -upon area above the originally approved plans, a modification to this permit must be submitted to DWQ. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-2004 l DENR Assistance:1.877-623-6748 Internet: www.ncwaterqualihf.org An Fnual nnnnr6mity 1 Affirmafivo Artinn Fmnlnvar e OithCarofina atura!!'y State Stormwater Management System Permit No. SW8 980236 Please inform this Office in writing before March 15, 2012, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by March 15, 2012 then DWQ staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include the name, mailing address and phone number of the party who is now responsible for this permit. If you have any questions, or need additional information concerning this matter, please contact Christine Nelson at (910) 796-7215. Sincerely, Georgett Scott Stormwater Supervisor Division of Water Quality Enc: Compliance Inspection Report GDS/can: S:1WQS1StormWater\Permits & Projects119981980236 HD12012 02 permit —correction CEI 980236 cc: Wilmington Regional Office State Stormwater Management System Permit No. SW8 980236 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 J. Michael Hutson & Hutson and Nieper Enterprises, LLC J. Michael's Philly Deli, North 8232 Market Street, Wilmington, New Hanover County FOR THE operation and maintenance of one wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (hereafter referred to as the "stormwaterrules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The permit is hereby renewed subject to the following addendums, clarifications, conditions and limitations: 1. The original permit conditions contained in the permit issued on May 8, 1998 remain in full force and effect, except as amended herein. (An additional copy of this original permit can be obtained from the Division of Water Quality, Wilmington Regional Office.) 2. This permit shall be effective from the date of issuance until May 8, 2022. 3. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the applicable documentation and the processing fee. 4. Decorative spray fountains are not allowed in this wet detention pond. 5. If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement conditions. 2 Permit: SW8980236 County: New Hanover Region: Wimington Compliance Inspection Report Effective: 09/20/10 Expiration: 05/08/22 Owner: Hutson and Nieper Enterprisesllc Project: J Michaels Philly Deli North 8232 Market St Contact Person: J Michael Hutson Title: Owner Directions to Project: Approx. 1200' south from intersection of US Hwy 17 and Porter's Neck Road. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Pages Creek) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 02/06/2012 Entry Time: 09:00 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: N State Stormwater (See attachment summary) Wilmington NC 28411 Phone: Exit Time: 09:15 AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8980236 Owner - Project: Hutson and Nieper Enterprisesllc Inspection Date: 02/06/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: In order to bring this permit into compliance, you must request a Modification to the permit. Built Upon Area 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: A deck with a roof was constructed prior to approval from this office. Yes No NA NE Page: 2