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HomeMy WebLinkAboutSW6100902_Permit Renewal_20220427ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Wedgefield Owners Association Attn: Howard Mason, President 182 Yates Mills Road Raeford, NC 28376 NORTH CAROLINA Environmental Quality April 27, 2022 SUBJECT: Permit Renewal Post -Construction Stormwater Management Permit SW6100902 Wedgefield High Density Subdivision Hoke County Dear Mr. Mason: The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete State Stormwater: Permit Renewal Application Form along with a Permit Information Update Application Form for Wedgefield on April 21, 2022. We are hereby notifying you that permit SW6100902 has been renewed on April 27, 2022 and shall be effective until January 15, 2030. For your records, please find enclosed a renewed, updated, and reissued permit. Please keep this permit on file at all times. Please note that the renewed, updated, and reissued permit does not impose new or different terms; it merely restates some of the previous permit terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this stormwater permit. The plans originally approved on January 16, 2014 will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H .1000 and Session Law 2006-246. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding operation and maintenance of the Stormwater Control Measures (SCMs), recordation of deed restrictions, procedures for changes in 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. 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 150E of the North Carolina General Statutes. Per NCGS 143-215(e), the petition must be filed with 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. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301 DeporlmeniofEmim m-1wm 1, 910.433.3300 If you have any questions or concerns, please contact Mike Lawyer at (910) 433-3394 or via e-mail at mike. lawyer@ncdenr.gov. Sincerely, for Brian Wrenn, Director Division of Energy, Mineral and Land Resources ec: Howard Mason, President — Wedgefield Owners Association Radford Brown, Manager — Southeastern HOA Management, LLC Jackie Lowery, Zoning Clerk — Hoke County Planning/Zoning DEMLR Stormwater Permit Laserfiche File cc: FRO — DEMLR, State Stormwater Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Wedgefield Owners Association for Wedgefield Hoke County FOR THE construction, operation and maintenance of the Stormwater Control Measures (SCMs) in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting documents as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until January 15, 2030 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The SCMs have been approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. The subdivision is permitted for 290 single-family lots, each allowed a maximum of 2,800 square feet of built -upon area. 3. The tract will be limited to the amount of built -upon area as indicated in the application documents and as shown on the approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon areas within the permitted drainage areas of this project must be directed into the permitted SCMs. 6. The built -upon areas associated with this project shall be located at least 30 feet landward from all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the maximum allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built - upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up 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 homeowner 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 prior to 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW6100902, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is 2,800 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 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. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. They do not resuspend sediment or cause erosion around the perimeter of the pond. b. The fountain should draw its water from less than 2' below the permanent pool surface. C. Separated units (where the nozzle, pump and intake are connected by tubing) should be used only if they draw water from the surface in the deepest part of the pond. d. The falling water from the fountain should be centered in the main pond, away from the shoreline. 15. 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. 16. 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. 17. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division of Energy, Mineral and Land Resources. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. 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. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, 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 of a change in ownership, the appropriate form must be completed and submitted to the Division of Energy, Mineral and Land Resources accompanied by any applicable fee, documentation from both parties involved and other supporting materials as may be appropriate. The project must be in good standing with the Division of Energy, Mineral and Land Resources. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves a request to formally transfer the permit. Neither the sale of the project area in whole or in part, nor the conveyance of common area to a third party, constitutes an approved permit transfer. 3. Any individual or entity found to be in non-compliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 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), which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit condition. 7. Permittee grants permission to Division staff to access the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management system. 8. The permittee shall submit a completed Permit Information Update Application Form (available on the Division website) to the Division within 30 days of making any one or more of the following changes: a. A name change of the current permittee. b. A name change of the project. C. A mailing address change of the permittee. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of eight years from the date of the completion of construction. 10. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H .1045(3). Permit renewed and reissued this the 27th day of April 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for B n Wrenn, Direct r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Post -Construction Stormwater Management Permit SW6100902