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HomeMy WebLinkAboutSW7060308_CURRENT PERMIT_20191108STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE � CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE HOC DATE .79)/?(�(`Z9 YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 8, 2019 Hamilton Commercial Properties, LLC Attention: Mr. David Hamilton P.O. Box 66347 Virginia Beach, VA, NC 23462 Subject: Permit No. SW7060308 Renewal Mill End Center High Density Stormwater Project Pasquotank County Dear Mr. Hamilton: The Washington Regional Office received a Stormwater Management Permit Application for renewal of permit SW7060308 on October 4, 2019. Staff review of the submittal has determined that the permit can be reissued. We are forwarding Permit No. SW7060308 dated October 8, 2019, for the construction and operation of the subject project. This permit, upon its effective date, will replace all previous State Stormwater permits for this site. This permit shall be effective from March 28, 2020 until March 27, 2028.and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality [ Division of Energy. Mineral and Land Resources D- Fw Washington Regional Office 1 143 Washington Square Mall I Washington, North Carolina 27889 H L.P- ^w^� � ,�� 252946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Hamilton Commercial Properties, LLC Mill End Center Pasquotank County FOR THE construction, operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral., and Land Resources (Division) and considered a part of this permit. This permit shall be effective from March 28, 2020 until March 27, 2028 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 1.5 of this permit. The commercial subdivision is permitted for 5 lots. See attachment for the allowance of square feet of built - upon area for each lot. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations priorto construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of -built -upon area. e. Further subdivision, acquisition, or sale of 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. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 16. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 17. 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. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 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 there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. Mill End Center Page 1 of 2 Stormwater Permit No. SW7060308 PasQuotank County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull 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 are a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date 4AI(A�,d ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality September 4, 2019 Hamilton Commercial Properties, LLC Attention: Mr. David A. Hamilton P.O. Box 66347 Virginia Beach, VA 23462 Subject: Stormwater Permit No. SW7060308 Renewal Mill End Center — Elizabeth City, NC High Density Stormwater Project Pasquotank County Dear Mr. Hamilton: A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7060308 for a stormwater treatment system consisting of two wet detention ponds serving Mill End Center located on Mill End Circle, Elizabeth City, NC expires on March 27, 2020. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. Please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Also, it was noted in the file review that a designer's certification that the project was constructed in accordance with the approved plans as required by the permit has not been submitted. Please include this with your application. Permit application forms for renewal can be found on our website at: https: //deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-program/p.ost-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger. thorpeta'__ncdenr.gov. Sincerely, Roger K. Thorpe Environmental Engineer QE Q;�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27889 rMV_+ / 254946.6481 ' i RECEIVED iVED OCT p 4 2M 5 tV'7o6cl3a,3 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM 1�dS R turc - dr k cc . In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION • State Stormwater Permit Number: SW7060308 • Project name: lblill End Center- l-li-r_abeth City, NC • Project street address: 2 Mill End Ct City: Elizabeth City NC County: ZIP : 27909 • What, if any, changes have been made to the project as permitted? .n If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at., https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy- mineral-land-ruleslstormwater-programlpost-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: httDs://deq.nc.00v/about/divisions/energv-mineral-land-resources/ener.qv-mineral-land- ruleslstormwater-programlpost-construction. State Stormwater Permits do not automatically transfer with the sale of the property. • Current Permit Holder's Corrif an Name/Or enization,. �� P Y g ' C • Signing Official's Name: yj•G • Signing Official's Title: • Mailing Address: City: `, �.L a�a h �i� %• 3 '� C� fa State: _ i�n - - - ZIP : • Street Address:��`'�' City: /6! 7 `� 4 Q _State: ZIP: �^ � I C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505,00 payable to NCDEQ. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice- president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. Designer Certifications, Please select one: A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 3 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration 4 D. PERMITTEE'S CERTIFICATION A1// Z) /7, 11,91viI&TOAl , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any than es to the proje t, SCMs, or ownership. All information provided on this permit renewal a Qlication is, to he best of my knowledge, correct and complete. Signature: �- Date: //�/� NOTARIZATION: _ Notary Public or the State of County of do hereby certify that personally r appeared before me this the day of , 20/9 , and acknowledge the due execution of the forgoing instru seal, Notary Public - Reg. # 190558 Crsr:monwealth of Virginia (Notary Seal) M ConynissionB$mSep,30,2024 Notary Signature:.��1 �z���rr✓ My commission expiresvmi 30. A6 Compliance Inspection Report Permit: SW7000308 Effective:03127106 Expiration: 03/27/20 Project: Mill End Censer - Express i Owner: Hamilton Commercial Properties LLC County: Pasquotank Adress: US Hwy 17 S Region: Washington City/State/Zip: Elizabeth City NC 27906 Contact Person: David A Hamilton Title: _-Phortt' T"497-4854 Directions to Project: From the intersect of US 17 (Hughes Blvd) and the Halstead Connector (SR 1152), travel south west on US 17 1.1 mile. Project is on left next to Central Elementary School Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Knobbs Creek) (03-01-50) ( C;Sw) 2 - (Knobbs Creek) (03-01-50) ( C;Sw) On -Site Representative(s): Related Permits: Inspection Date: 12/0112017 Entry Time: 09:OOAM Primary Inspector: William J Moore Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 09:45AM Phone: 252-946-6481 Ext.264 Inspection Type: Compliance Evaluation page: 1 Permit: SW706D308 Owner • Project: Hamilton Commercial Properties LLC Inspection Date: 1210112017 Inspection Type Compliance Evaluation Reason For Visit: Routine Inspection Summary: This is a 5-lot commercial S/D located adjacent to US 17 in Elizabeth City. The streets, collection system, & (2) wet ponds appear to be constructed according to plans. Lots 1 &2 are developed; Lots 3,4,& 5 are not developed yet. Both wps have thick, heavy woody vegetation around the perimeter slopes; some of the wax myrtles, & willows are 4-5 inches dia; some pines 15-20 ft tall. Water levels appear to be near PP design elevations; significant debris around weirs. WPs . are not maintained properly, Deed Restrictions, WP supplements, signed O&M documents are on file; No PE Certification provided. Based on site observations, NOV will be sent. Built Upon Area Yes No NA NE is the site BUA constructed as per the permit and approval plans? ❑ ®❑ ❑ Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: Only 2 of 5 commercial lots develo ed at this time. The Mill End Carpet shop is located on Lot 1, Manuli Internal Medicine located on lot 2, Streets & collection system appear to be constructed according to plans. ® ❑ ❑ ❑ ® ❑ ❑ ❑ SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® 110 ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ® ❑ DWQ upon request? Comment: No apparent 0&M; see summary comments. page:. 2