SW5220302_Fast Track Final Cover Letter and Permit_20220504

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
May 4, 2022
NORTH CAROLINA
Environmental Quality
North Carolina National Guard
Attn: LTC Rodney D. Newton
1636 Gold Star Drive
Raleigh, NC 27607
Subject: Fast Track Final Post -Construction Stormwater Management Permit No. SW5220302
NCNG JFHQ Helipad
High Density Project
Wake County
Dear Colonel Newton:
The Division of Energy, Mineral and Land Resources received a complete Fast Track Final Permit Application
for the subject project on March 31, 2022. This project received a Fast Track Authorization to Construct permit,
SWA000073, issued on July 29, 2020. Staff review of the as -built plans, engineer certifications, and
specifications as well as a site inspection on April 29, 2022 has determined that the project complies with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We
are hereby forwarding Permit No. SW5220302 dated May 4, 2022, for the operation and maintenance of the
stormwater control measures (SCMs) and management of current built -upon areas (BUA) associated with the
subject project.
With the issuance of this final fast track permit, SW5220302, the Fast Track Authorization to Construct permit
approved under SWA000073 is no longer required and has been rescinded effective May 4, 2022.
This permit shall be effective from the date of issuance until May 4, 2030 and does not supersede any other
agency permit that may be required. The project shall be subject to the conditions and limitations as specified
therein. Failure to comply with these requirements will result in future compliance problems. Please note that
this permit is not transferable except after notice to and approval by the Division.
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.
This project will be kept on file at the Raleigh Regional Office. If you have any questions concerning this
permit, please contact Jim Farkas in the Central Office, at [phone] [e-mail].
Sincerely,
dui Q yaea' 4 fikmw 5744"
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Application Documents
Compliance Inspection Report
DES/jf: \\WaterResources\DEMLR - Stormwater\SW Permits\SW5220302
\\WaterResources\DEMLR - Stormwater\SW Permits\SWA000073
cc: Francis Slinsky, PE; Timmons Group
Laura Witherspoon, City of Raleigh Erosion and Sediment Control
Raleigh Regional Office Stormwater File
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA _
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Post -Construction Stormwater Management
Permit No. SW5220302
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FINAL FAST TRACK POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North
Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on
January 1, 2017 (2017 Rules) ("stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
North Carolina National Guard
NCNG JFHQ Helipad
1636 Gold Star Drive, Raleigh, Wake County
FOR THE
management, operation and maintenance of built -upon area (BUA) draining to one (1) bioretention
cell ("stormwater control measures" or "SCMs") as outlined in the application, approved as -built
stormwater management plans, as -built supplement, as -built calculations, operation and maintenance
agreement, recorded documents, as -built specifications, and other supporting data (the "approved
plans and specifications") as attached and/or on file with and approved by the Division of Energy,
Mineral and Land Resources (the "Division" or "DEMLR"). The project has been constructed, in
accordance with these approved plans and specifications. The approved plans and specifications
submitted with this application as well as the supporting documentation on file with the Fast Track
Authorization to Construct, SWA000073, are incorporated by reference and are enforceable parts of
this permit.
This permit shall be effective from the date of issuance until May 4, 2030 and shall be subject to the
following specified conditions and limitations. 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 condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 119,081
square feet. The runoff from all BUA within the permitted high density drainage area of this
project must continue to be directed into the permitted SCM. The BUA requirements and
allocations for this project are as follows:
a. SCM BUA LIMITS. The SCM has been designed to handle the runoff from 119,081 square
feet of BUA within the delineated drainage area. This permit does not provide any allocation
of BUA for future development within the delineated drainage area(s).
2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements
listed in G.S. 143-214.7(b2) or the Stormwater Design Manual were constructed or are proposed
for this project. Pervious area improvements will be allowed in this project if documentation is
provided demonstrating those improvements meet the requirements of the stormwater rule.
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Post -Construction Stormwater Management
Permit No. SW5220302
3. SCM REQUIREMENTS. The SCM requirements for this project are as follows:
a. SCM DESIGN. The SCM is permitted based on the as -built condition and design criteria
presented in the sealed, signed and dated supplement and as shown in the approved plans
and specifications. This SCM must be maintained at this design condition.
4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause
erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 50-foot wide vegetative setback has been provided and must be
maintained in grass or other vegetation adjacent to all surface waters as shown on the approved
plans. The setback is measured horizontally from the normal pool elevation of impounded
structures, from the top of bank of each side of streams or rivers, and from the mean high
waterline of tidal waters, perpendicular to the shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans.
b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated
in an SCM must be released at the edge of the vegetated setback and allowed to flow
through the setback as dispersed flow.
6. RECORDED DOCUMENT REQUIREMENTS. The following documents required by the
stormwater rules have been recorded with the Office of the Register of Deeds:
a. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee has incorporated
specific restrictions and conditions into a facility management plan or another legal
instrument in lieu of deed restrictions and protective covenants.
7. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications. Prior to the construction of any modification to
the approved plans, the permittee shall submit to the Director, and shall have received approval
for modified plans, specifications, and calculations including, but not limited to, those listed
below. For changes to the project or SCM that impact the certifications, a new or updated
certification(s), as applicable, will be required and a copy must be submitted to the appropriate
DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any infiltrating permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a pervious surface that were not included in the
approved plans and specifications.
g. Other modifications as determined by the Director.
8. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement, to
assure that all components of the permitted on -site stormwater system function at the approved
design condition. The approved operation and maintenance agreement must be followed in its
entirety and maintenance must occur at the scheduled intervals.
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Post -Construction Stormwater Management
Permit No. SW5220302
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -
site stormwater systems. These additional or replacement measures shall receive a permit
from the Division prior to construction.
b. MAINTENANCE RECORDS. 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.
9. PERMIT RENEWAL. 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).
10. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
11. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request
must be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the project and the on -site stormwater
system complies with the permit. Records of completed and on -going maintenance activities
may be requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
12. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for
verifying that the proposed BUA within each drainage area and for the entire project does
not exceed the maximum amount allowed by this permit. The permittee shall review and
routinely monitor the project to ensure continued compliance with the conditions of the
permit, the approved plans and specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved as -built
stormwater management plans, application, as -built supplements, as -built calculations,
operation and maintenance agreement, all applicable recorded documents, and
specifications shall be maintained on file by the permittee at all times.
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Post -Construction Stormwater Management
Permit No. SW5220302
c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation, maintenance and repair as
shown on the approved plans.
d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions
of a stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
f. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions.
g. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have
been made.
h. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
obtaining and complying with any and all other permits or approvals that are required in
order for this development to take place, as required by any statutes, rules, regulations, or
ordinances, which are imposed by any other Local, State or Federal government agency
having jurisdiction. Any activities undertaken at this site that cause a water quality violation
or undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit issued this the 4t" day of May 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ouqwd
- ., Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW5220302
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