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HomeMy WebLinkAboutSW6100804_Permit Renewal_20220502ROY COOPER Governor ELIZABETH S. BISER Secretory BRIAN WRENN Director VP Spout Springs, LLC Attn: Martin D. Koon, Manager/Member PO Box 843 Wilkesboro, NC 28697 NORTH CAROLINA Environmental Quality May 2, 2022 Subject: Permit Renewal Post -Construction Stormwater Management Permit SW6100804 Shoppes at Summit High Density Development Harnett County Dear Mr. Koon: Effective August 1, 2013, the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013, until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete State Stormwater: Permit Renewal Application Form and Permit Information Update Application Form for Shoppes at Summit on April 20, 2022 and April 25, 2022 respectively. We are hereby notifying you that permit SW6100804 has been renewed on May 2, 2022 and shall be effective until December 31, 2029. For your records; please find enclosed a renewed, updated, and reissued permit. As requested, a copy of the current Operation and Maintenance Agreement is also enclosed. 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 state stormwater permit. The plans originally approved on October 18, 2010 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 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. 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 1), E Q 2A, Fayetteville Regional Office 122S Green Street. Suite 714 I Fayetteville, North Carolina 28301 Deparlment�atEmlronmonWl Uuyf� f� 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: Martin D. Koon, Manager/Member — VP Spout Springs, LLC Jarrod Hilliard, PE — Hilliard Engineering, PLLC Landon Chandler, Senior Planner— Harnett County Planning & Inspections DEMLR Stormwater Permit Laserfiche File cc: FRO — DEMLR, Post -Construction Stormwater Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION 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 VP Spout Springs, LLC for Shoppes at Summit Buffalo Lake Road (SR 1115) at intersection with Alpine Drive (SR 1141) Spout Springs, Harnett County, NC 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 December 31, 2029 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 SCM has been approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. The development is permitted for the Food Lion (Lot 3), 2 outparcels (Parcel 1 & 2), and a future adjacent residential tract, each limited to a maximum amount of built -upon area as indicated in Section 11.15.f. of this permit. 3. The runoff from all built -upon area within the permitted drainage area of this development must be directed into the permitted SCM. 4. Each outparcel/tract within the development whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Energy, Mineral and Land Resources and receive a permit prior to any construction on the outparcel. 5. The built -upon areas associated with this development shall be located at least 30 feet landward of all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE No outparcel 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 outparcel does not exceed the maximum allowed by this permit. Once the outparcel 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. 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 timeframe 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. 4. 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. 5. 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 or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plans. 6. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 7. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the development will be recorded showing all such required easements, in accordance with the approved plans. 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. A modification may be required for those deviations. 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. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semi-annual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of all 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. 12. Records of maintenance activities must be kept for each permitted SCM. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13. The permittee shall submit to the Division an annual summary report of the maintenance and inspection records for each SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 14. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 15. Prior to the sale of any outparcel, the following deed restrictions must be recorded with the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with Post - Construction Stormwater Management Permit SW6100804, as issued by the Division of Energy, Mineral and Land Resources under the stormwater rules. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Post -Construction 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 outparcel is as follows. This allotted amount includes any built -upon area constructed within the outparcel property boundaries, and that portion of the right-of-way between the front outparcel line and the edge of 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. Outparcel BUA (sf) Outparcel BUA s Food Lion (Lot 3) 212,310 1 43,560 2 46,174 Residential Tract 477,244 g. All runoff on the outparcel must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the outparcel to drain toward the street, or grading perimeter swales and directing them into the pond or street. Outparcels 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. i. Each outparcel within the development whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Energy, Mineral and Land Resources and receive a permit prior to any construction on the outparcel. j. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and received approval prior to construction of built -upon area. 16. 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 outparcels. 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. 17. 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. 18. 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. 19. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Energy, Mineral and Land Resources. The request to modify must include a soils report identifying type of soil, the Seasonal High Water Table elevation, and the infiltration rate. Upon the successful completion of a permit modification, the individual outparcel owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 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 Division 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/or 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. 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. 7. 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. 8. Unless specified elsewhere, permanent seeding requirements for the SCM 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 02H .1000, and NCGS 143-215.1 et. al. 11. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days of making any changes to the project name, permittee name, and/or contact information. 12. 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, updated, and reissued this the 2"d day of May 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fo an Wrenn, Dire for Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Post -Construction Stormwater Management Permit SW6100804 Shoppes at Summit Page 1 of 2 Post -Construction Stormwater Management Permit SW6100804 Harnett 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 a part of this Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Certification Requirements: Page 2 of 2 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/bypass 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/bypass 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 volume have been provided. 12. Required drawdown devices are correctly sized 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, a forebay, and the outlet. 15. The required dimensions of the system are provided per the approved plans. Please submit this Designer's Certification to NCDEQ Fayetteville Regional Office Division of Energy, Mineral and Land Resources 225 Green Street, Suite 714 Fayetteville, NC 28301 Permit Number: E 10 OV 041 (to be provided by DWQ) Drainage Area Number: I Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay.; 9 Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 Permit Number: 5 i t/ 0 10 0 qC) q (to be provided by DWO Drainage Area Number: I BMP element: Potentialproblem: The inlet device: pipe or The pipe is clogged. Swale The pipe is cracked or otherwise damaged. Erosion is occurring in the swale. The forebay Sediment has accumulated to a depth greater than the original design depth for sediment storage. The vegetated shelf The main treatment area Erosion has occurred. Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. Algal growth covers over 50 % of the area. Cattails, phragmites or other invasive plants cover 50 % of the basin surface. How I will remediate the probl Unclog the pipe. Dispose of the sediment off -site. Replace the pipe. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Prune according to best professional practices Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray). Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 Permit Number: 5 W '6 1 c)0$0'r (to be provided by DWQ) Drainage Area Number: / _ BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs re air. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom 428 ----------------- FOREBAY BASIN DIAGRAM ill in the blanks) '-ft Min. Sediment Storage Permanent Pool Elevation 431 Pool. \ ------ Sediment Removal Elevation 428------------ Volume Bottom Elevation MAIN POND Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 1-ft Storage Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Shoppes at Summit BMP drainage area number: Print name:J. Shea Davis, Venture Properties V, LLC Title:Manager Address:924_Main Street, Suite 300, N. Wilkesboro, NC 28659 Phone Signat Date: ; 5 � __/,)_ —/ el? Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. J1oV'hlohNotary Public for the State of n a Y AA (. w'o , County of W i It e-S , do hereby certify that J, c S PGt LZ 5 personally appeared before me this /z ' day of s , 20/d , and acknowledge the due execution of the forgoing w t detention basin mainntte-n--ance requirements. Witness my hand and official seal, U44 ,`os•'`� T H 0l� �014 eo /VT o e O r Q p'iAR1r = � P O v PUSOC a S ""Y'S COUN-. o eneeue SEAL My commission expires /z- 3 - 20// Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4