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
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/VT o
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= � P
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PUSOC
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SEAL
My commission expires /z- 3 - 20//
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4