NCC205268_NOT Closeout Documents_20241118

ShelbvANORTH CAROLIN �.�
Post Office Box 207•Shelby,NC 28151-0207
October 18, 2024
Metals America
Attn: Claude Dube
135 Old Boiling Springs Rd
Shelby, NC 28152
Re: Stormwater Permit for IMC Metals American
Metals America
IMC Metals American
135 Old Boiling Springs Rd (Parcel 30498)
Shelby, NC 28152
The City of Shelby Engineering Department received a Stormwater Management
Permit Application for the subject project. Staff review of the plans, specifications,
and calculations has determined that the project, as proposed, will comply with the
Stormwater Regulations as defined in the City of Shelby Phase II Stormwater
Ordinance and North Carolina General Assembly Session Law 2006-246. We are
forwarding Stormwater Permit No. SW00041, dated October 18, 2024, for the
construction and the operation and maintenance of the subject project and the
stormwater control measures (SCMs). This permit shall be subject to the conditions
and limitations as specified therein and does not supersede any other agency permit
that may be required.
It should be noted that the O&M Agreement must be reviewed during the
construction phase of this project and must be completed prior to the completion of
construction on this project. The agreement shall be updated to include O&M
provisions and maintenance tasks as identified in the NCDEQ SCM Design
Manual. Also, the Access Easement shall be reviewed and updated to include a site
plan showing the proposed easement areas around the SCM connecting to public
Right of Way. Both of these documents can be completed during the construction
phase of the project and must be recorded at the Cleveland County Register of
Deeds prior to the issuance of a permanent Certificate of Occupancy for the project.
This project will be kept on file at the City of Shelby Engineering Department. If
you have any questions, or need additional information regarding this project,
please contact Justin Wright at [phone] or via email at
[e-mail].
Respectfully,
9uste:frt. 0244:ffit
Justin Wright
City of Shelby
www.cityofshelby.com

City Stormwater Permit
Shelb I.. Permit No. SW0041
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CITY OF SHELBY
STORMWATER MANAGEMENT PERMIT
In accordance with the provisions of the City of Shelby Phase II Stormwater
Ordinance as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Metals America
IMC Metals American
135 Old Boiling Springs Rd (Parcel 30498)
Shelby, NC 28152
FOR THE
construction and the operation and maintenance of one (1) Wet Pond (Shelby BMP
ID #0053) in compliance with the City of Shelby Phase II Stormwater Ordinance
and the provisions of Session Law 2006-246 (hereafter referred to as the
"stormwater rules'). The approved stormwater management plans and
specifications and other supporting data on file with and approved by the City of
Shelby are considered a part of this permit.
This permit shall be effective from the date of issuance until October 18th ,2032 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 one (1) Wet Pond (Shelby BMP ID#0053) is approved for the
management of stormwater runoff as described in the application documents
and as shown on the approved plans dated 12/20/23 and sealed by Odom
Engineering on 12-26-2023.
3. 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.
4. The runoff from all built-upon areas within the permitted drainage area of
this project must be directed into the permitted stormwater control system.
5. The built-upon areas associated with this project shall be located at least 30
feet landward of all perennial and intermittent surface waters.
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City Stormwater Permit
Permit No. S W0041
II. SCHEDULE OF COMPLIANCE
1. During construction, erosion shall be kept to a minimum and any eroded
areas of the system shall be repaired immediately.
2. The permittee shall, at all times, provide the operation and maintenance
necessary to assure the permitted system functions at optimum efficiency.
The approved Operation and Maintenance Agreement and Operation and
Maintenance Manual 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 re-vegetation of slopes.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, filter media,
planting media, underdrains, catch basins, and piping.
g. Access to the BMP and outlet structures must be available at all times.
3. Records of maintenance activities must be kept for each permitted BMP. The
reports shall indicate the date, activity, name of person performing the work,
and what actions were taken.
4. The permittee shall submit an annual summary report of the maintenance
and inspection records for the permitted BMP. The report shall summarize
the inspection dates, results of the inspections, and the maintenance work
performed at each inspection.
5. The one (1) Wet Pond (Shelby BMP ID#0053 shall be constructed in
accordance with the approved plans and specifications, the conditions of this
permit, and with other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, the Stormwater
Administrator shall be provided a copy of the executed Operation and
Maintenance Agreement with appropriate Addenda and Access Easement
that have been recorded at the Cleveland County Register of Deeds.
7. Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, an Engineer's
Certification of Completion must be received from an appropriate designer for
the system 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 permit modification may
be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design conditions prior to operation as a stormwater treatment
device, and prior to occupancy of the facility.
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City Stormwater Permit
Permit No. SW0041
9. The permittee shall submit to the City of Shelby Stormwater Administrator
and shall obtain written 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 a NCDEQ Sedimentation and Erosion Control
Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on
the approved plan.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of eight years from the date of the completion of
construction.
10. The Stormwater Administrator 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 Stormwater Administrator for modifying the site
to meet minimum requirements. The permittee shall provide copies of
revised plans and certification in writing to the Stormwater Administrator
that the changes have been made.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the
Stormwater Administrator. In the event of a change of ownership, or a name
change, the permittee must submit a completed Name/Ownership Change
form signed by both parties, to the Stormwater Administrator, accompanied
by the supporting documentation. If the transferor is in compliance with all
of the provisions of this permit, the transfer of the permit will be allowed.
However, if the transferor is not in compliance, the transfer of the Permit
may be denied.
2. The permittee is responsible for compliance with all permit conditions until
such time as the City of Shelby approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit
may subject the Permittee to enforcement action by the City, in accordance
with applicable laws, rules, and regulations.
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) having
jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate
Page 3 of 4

City Stormwater Permit
Permit No. SW0041
corrective action, including those as may be required by the City, such as the
construction of additional or replacement stormwater management systems.
6. The permittee grants City of Shelby Staff permission to enter the property
during normal business hours for the purpose of inspecting all components of
the permitted stormwater management facility.
7. The permit issued shall continue in force and effect until formally revoked or
terminated by the City of Shelby. The permit may be modified, revoked and
reissued or terminated for cause. The filing of a request for a permit
modification, revocation and re-issuance or termination does not stay any
permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the
stormwater control 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 Stormwater Administrator
from reopening and modifying the permit, revoking and reissuing the permit,
or terminating the permit as allowed by local, state, and federal laws, rules
and regulations including, but not limited to, the City of Shelby Phase II
Stormwater Ordinance and Session Law 2006-246.
11. The permittee shall notify the Stormwater Administrator in writing of any
name, ownership or mailing address changes at least 30 days prior to making
such changes.
Permit issued this the 18th day of October 2024.
Ben Y •boro
City o Shelby
Page 4 of 4