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WRENN NORTH CAROLINA
drector Environmental Quality
April 1, 2020
Stancil Builders, Inc.
Attn: Freddie Stancil, President
466 Stancil Road
Angier, NC 27501
SUBJECT: State Stormwater Management Permit SW6191204
Windy Hill Farm Subdivision
High Density Subdivision Project
Harnett County
Dear Mr. Stancil
The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a
complete Stormwater Management Permit Application for Windy Hill Farm Subdivision on March 9, 2020. Staff
review of the plans and specifications along with additional information received on March 25, 2020 has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. Therefore, we are forwarding herewith State Stormwater Management Permit SW6191204, dated April
1, 2020, for the construction, operation and maintenance of the subject project and associated stormwater control
measures. This permit shall be effective from the date of issuance until March 31, 2028, and shall be subject to
the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance
requirements in this permit. Failure to establish an adequate system for operation and maintenance of the
stormwater management system 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. 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.
If you have any questions or concerns, please contact me at(910) 433-3394 or mike.lawyer@ncdenr.gov.
S?il'chael
awyer, CPSWQ
Environmental Program Consultant
DEMLR
ec: Keith Roberts, PE—Timmons Group
Dexter Howell, Project Manager—Timmons Group
Sean Hein, PLS, CFS, Project Manager—Timmons Group
Landon Chandler, Senior Planner— Harnett County Planning & Inspections
Shane Cummings, Senior Engineer— Harnett County Public Utilities
cc: FRO— DEMLR, State Stormwater Files
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
NORM CARQU. `�o.oara,�ta FmGan.mr a.� /,,,/ 910.433.3300
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE 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
Stancil Builders, Inc.
for
Windy Hell Farm Subdivision
Christian Light Road, Fuquay-Varina, NC
Harnett County
FOR THE
construction, operation and maintenance of Stormwater Control Measures (SCMs) in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached and
on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part
of this permit.
This permit shall be effective from the date of issuance until March 31, 2028 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 stormwater control measures have been approved for the management of stormwater
runoff as described in the application, supporting documents and as shown on the approved
plans. The subdivision is permitted for 43 lots each allowed a maximum allowable built-upon
area of 5,000 square feet.
3. Approved plans, specifications and other supporting data for this project are incorporated by
reference and are enforceable parts of the permit.
4. The built-upon area associated with this project shall be located at least 30 feet landward from
all perennial and intermittent surface waters.
5. 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.
11. SCHEDULE OF COMPLIANCE
1. 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 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 required 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 SW6191204, 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 allowable built-upon area per lot is 5,000 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. Each lot will maintain a 30' wide vegetated buffer between all impervious surfaces and
surface waters.
h. All runoff from the built-upon areas on the lot must drain into the permitted system. This
may be accomplished through a variety of means including roof drain gutters, which
drain to the street, grading the lot to drain toward the street, or grading perimeter swales
to collect the lot runoff and directing them into a component of the stormwater collection
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
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. 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.
15 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.
16. 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.
17. 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.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the permit to
change the name and incorporate such other requirements as may be necessary. In the event
of a name or ownership change, 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 the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, 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), 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 may be modified, revoked and reissued, or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, or termination does not stay any
permit condition.
7. Permittee grants permission to Division staff to access the property for the purposes of
inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership, or mailing address changes
within 30 calendar days.
9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for
a rni►iirnum of eight years from the date of the completion of construction.
10. A renewal request application must be submitted to the regional office at least 180 calendar
days prior to the expiration date of this permit.
Permit issued this the 1st day of April 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
or ian Tenn, Actin Dir ctor
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
State Stormwater Management Permit SW6191204
Windy Hill Farm Subdivision
State Stormwater Management Permit SW6191204
Harnett County
Designer's Certification
1, , 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.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
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