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HomeMy WebLinkAboutSW6191204_Permit_20200401 h 'Tt rev ` )PER = � 'L S.REGAN ,>., . 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 J 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