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HomeMy WebLinkAboutSW3180605_Permit Transfer_20190614ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director Ms. Lisa Beaman Poplin Meadows, LLC 6025 Tarin Road Wilmington, NC 28409 Subject: Permit Transfer NORTH CAROLINA Environmental Quality June 14, 2019 Stormwater Permit No. SW3180605 Poplin Meadows Union County Dear Ms. Beaman: On April 29, 2019, the Division of Energy, Mineral and Land Resources (DEMLR) received a Permit Transfer Application Form from Poplin Meadows, LLC for the subject project. A file review was performed by DEMLR staff. As indicated on the Permit Transfer Application form, you have acknowledged receipt of a copy of. the permit, the approved plans, and the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Permit Transfer Application form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW3180605 has been transferred on June 14, 2019 and to remind you that this permit shall be effective until August 31, 2026. For your records, please find enclosed a copy of the Permit Transfer Application form submitted on April 29, 2019. Please keep this cover letter, the updated permit, and the associated permit documents on file. This permit is subject to the conditions and limitations as specified in the updated permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s), recordation of deed restrictions, procedures for changing 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 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. DNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources E Q�� _ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA Department or Emironmeatal mail� 919.707.9200 If you have any questions, or need additional information concerning this matter, please contact Corey Anen at (919) 707-3649; or Corey.Anenkncdenr.gov. Sincerely, 01�9& d agwd 4 s e. Am S. Daniel Smith, Director Division of Energy, Mineral and Land Resources cc: Michael Theberge - Bohler Engineering NC, PLLC Tony Zook - Bohler Engineering NC, PLLC Mooresville Regional Office Stormwater File State Stormwater Permit Permit No. SW3180605 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY STATE STORMWATER MANAGEMENT PERMIT 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 Poplin Meadows, LLC for Poplin Meadows 6008 Bonterra Village Way Union County FOR THE construction, operation and maintenance of the Stormwater Control Measures (SCM) in compliance with the provisions of 15A NCAC 02H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans, specifications and other supporting data as on file with and approved by the State and considered a part of this permit. This permit shall be effective from the date of issuance until August 31, 2026, 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. The SCM is approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. 3. All stormwater collection and treatment systems must be located within a 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. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the SCM. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 1 of 4 State Stormwater Permit Permit No. SW3180605 2. The permittee shall at all time provide the operation and maintenance necessary to assure every SCM functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, level spreader, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure must be available at all times. 3. Records of maintenance activities must be kept for the SCM. The reports will indicate the date, activity, name of person performing the work and what actions were taken. The owner shall keep maintenance records and these shall be available upon request by the party responsible for enforcing the stormwater program under which the SCMs were approved. 4. The permittee shall submit an annual summary report of the maintenance and inspection records for the SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 5. The SCM shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the SCM certifying that it has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. SCMs impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease 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 was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 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. The Director may notify the permittee when the permitted site does not meet one or Page 2 of 4 State Stormwater Permit Permit No. SW3180605 more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 11. Plats for residential lots that contain SCMs shall include: the specific location of the SCM on the lot; a typical detail for SCM to be used; and a note that the SCM on the property has been required to meet stormwater regulations and that the property owner may be subject to enforcement procedures as set forth in G.S. 143, Article 21 if the SCM is removed, relocated, or altered without prior approval. 12. All SCMs and associated maintenance accesses on privately owned land except for those located on single family residential lots shall be located in permanent recorded easements. The SCM shall be shown and labeled within the easement. These easements shall be granted in favor of the party responsible for enforcing the stormwater program under which the SCMs were approved. SCMs must have access and maintenance easements to provide the legal authority for inspections, maintenance personnel and equipment. The entire footprint of the SCM system must be included in the access and maintenance easement, plus an additional ten or more feet around the SCM to provide enough room to complete maintenance tasks. This SCM system includes the side slopes, forebay, riser structure, SCM device, and basin outlet, dam embankment, outlet, and emergency spillway. 13. The O&M Agreement shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the O&M Agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the State, accompanied by the supporting documentation. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the State, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. Page 3 of 4 State Stormwater Permit Permit No. SW3180605 7. The permit issued shall continue in force and effect until revoked or terminated. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 14t" day of June, 2019. U`wla--tae a"a buy Stever C, r�� for S. Daniel Smith Director Division of Energy, Mineral, and Land Resources Page 4 of 4 State Stormwater Permit Permit No. SW3180605 Poplin Meadows, LLC Poplin Meadows Union 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 Name) 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. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Submit to: NCDEQ-DEMLR Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Page 1 of 1