20200458 Ver 1_Stormwater Permit_20200403

ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
Energy, Mineral & WILLIAM E. (TOBY) VINSON, JR.
Land Resources inlerim Director
ENVIRONMENTAL OVALITY
August 28, 2018
Hilltop Management, LLC
Attn: Andrew M. Furr, Sr., Manager
1730 Scotts 141I1 Loop Road
Wilmington,'_s;C 28411
Subject: State Stormwater Management Permit 1\o_ SW8 180607
Hilltop l3usiness Park and Storage
High Density Project
Pender County
Dear Mr. Furr:
The Wilmington Regional Office received a complete State Stormwater Management Permit Application for the subject
project on June 8, 2018 with additional information received on August 14, 201 S. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in
Title 15A ?\CAC 2H.1000 effective January 1, 2017. We are forwarding Permit No. SW8 180607 dated August 28,
2018, for the construction; operation and maintenance of the storrnwater control measures (SCMs), built -upon areas, as
well as the stormwater collection system and/or vegetated conveyance system associated with the subject project.
This permit shall be effective from the date of issuance until August 28, 2026 and shall be subject to the conditions and
limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special
attention to the permit conditions regarding the operation and maintenance of the SCMs, stormwater collection system,
and/or vegetated conveyances; the limitation of built -upon area; modification of the project; the procedures for changing
ownership of and/or transferring the permit; and the need to renew the permit. Please also pay attention to the permit
conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance
agreement, which must all be provided along with certification upon completion of the project. Failure to comply with
these requirements 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 and must be filed with the OAH within thirty (30)
days of receipt of this permit. You should contact the OAH with aII 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 27699-67I4, or via telephone
at 919-431-3000, or visit their website at www.NCOAl4.com_finless such demands are made this permit shall be final
and binding.
If you have any questions, or need additional information concerning this matter, please contact Steve Pusey in the
Wilmington Regional Office, at [phone].
Sin ely,
r William E "Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, 'Mineral and band Resources
Enclosures; Attachment A — Certification Forms
GDS/sgp: I11Stormwater\Permits & Projects120181180607 HD12018 08 permit 080607
cc: David L. Menius, PE Stroud Engineering, PA
Pender County Building Inspections
Pender County Planning Department
NCDOT District Engineer
Wilmington Regional Office stormwater File
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State Stormwater Management
Permit No. SW8 180607
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
Hilltop Management, LLC
Hilltop Business Park and Storage
16458 Hwy 17 North, Hampstead, Pender County
FOR THE
construction, operation and maintenance of three (3) wet detention ponds ('stormwater control
measures" or "SCMs") discharging to SA-HQW waters (but not within % mile) in compliance with the
Provisions of Title 15A NCAC 2H .1000 effective January 1. 2017 (the "Stormwater rules") and the
approved stormwater management plans; application, supplement(s), 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") and
considered an enforceable part of this permit
This permit shall be effective from the date of issuance until August 28, 2026 and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the management and volume of stormwater
described in the approved plans and specifications. The maximum amount of built -upon area
(BUA) allowed for the entire project is 436,600 square feet.
2. The drainage area(s) for the on -site stormwater system(s) will be limited to the amount(s) of
built -upon area indicated in this permit and the approved plans and specifications. The runoff
from all built -upon area within the permitted drainage area(s) of this project must be directed into
the permitted stormwater control measure(s). The stormwater control measures labeled DA1,
DA2. and DA3 have been designed using the runoff treatment method to handle the runoff from
120,650 square feet; 35,800 square feet, and 280,250 square feet of built -upon area.
respectively. The built -upon area for future development within the drainage areas labeled DA1.
DA2, and DA3 is limited to 3,000 square feet, 2,000 square feet. and 15,000 square feet.
respectively.
3. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, 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 in accordance with the stormwater rules and the approved plans
and specifications-
4- The stormwater control measure(s) is(are) permitted based on the design criteria presented in
the sealed; signed and dated supplement(s) and as shown in the approved plans and
specifications. This (These) stormwater control measure(s) must be provided and maintained at
the design condition. The approved supplement(s) is(are) incorporated by reference into this
permit_
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State stormwater Management
Permit No, SW8 180607
5 The peak flow from the 10-year storm event shall not cause erosion downslope of the
stormwater outlet discharge point.
6. Decorative spray fountains will be allowed in the stormwater treatment system if documentation
is provided demonstrating that the proposed fountain will not cause resuspension of sediment
within the pond or cause erosion of the pond side slopes.
7. When using a wet pond for irrigation, it is recommended that some water be maintained in the
permanent pool; the vegetated shelf is planted with appropriate species that can handle
fluctuating conditions; and human health issues are addressed.
8. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety
during construction_ After the giants are established; the operation and maintenance agreement
must be followed_
9. Pretreatment devices have been provided to prevent dogging. This project uses forebays for
pretreatment.
II. SCHEDULE OF COMPLIANCE
The project and SCM(s) shall be constructed; operated and maintained in accordance with the
conditions of this permit and the approved plans and specifications.
2 The on -site stormwater system shall be entirely constructed; vegetated, and operational prior to
the construction of any development within the drainage area, per the approved plans and
specifications.
3. During construction: erosion shall be kept to a minimum and any eroded areas of the on -site
stormwater system will be repaired immediately. If the stormwater system is 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.
4. All stormwater control measures, stormwater collection systems; vegetated conveyance
systems, and/or maintenance accesses must be located in public rights -of -way, dedicated
common areas that extend to the nearest public right-of-way, and/or permanent recorded
easements that extend to the nearest public right-of-way for the purpose of inspection,
operation; maintenance; and repair.
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 functions at the approved design condition. The approved
Operation and Maintenance Agreement is incorporated by reference into this permit and must
be followed in its entirety and maintenance must occur at the scheduled intervals.
6. The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds.
7, 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.
8. The final Plats for the pro must be recorded with the Office of the Register of Deeds. The
recorded plat must reference the Operation and Maintenance Agreement and must also show all
public rights -of -way, dedicated common areas. and/or permanent drainage easements; in
accordance with the approved plans.
9. The permittee is responsible for verifying that the proposed built -upon area for the entire project
does not exceed the maximum allowed by this permit.
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State Stormwater Management
Permit No SW8 180607
16. Upon completion of the project, the permittee shall determine whether or not the project is in
compliance with the permitted plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the permitted plans; then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A
noting any deviations from the approved plans and specifications. Deviations
may require approval from the Division,
ii. A copy of the recorded maintenance agreement;
iii. A copy of the recorded plat delineating the public rights -of -way; dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the permitted plans,
the permittee shall submit an application to modify the permit within 30 days of completion
of the project or provide a plan of action; with a timeline: to bring the site into compliance.
11. 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:
a. Any modification to the approved plans and specifications, regardless of size including the
stormwater control measures, built -upon area; details; etc.
b. Redesign or addition to the approved amount of built -upon area or to the drainage area.
c. Further development, subdivision, acquisition; lease or sale of any; all or part of the project
area as reported in the approved plans and specifications_
d. Altering, modifying; removing; relocating, redirecting; regrading or resizing of any
component of the approved stormwater control measure, stormwater collection system
and/or vegetative conveyance system shown on the approved plan.
e. The construction of any allocated future BUA.
f_ The construction of any permeable pavement for BUA credit that was not included in the
approved plans and specifications.
g. The construction of any #57 stone area; public trails, or landscaping material to be
considered a permeable surface that were not included in the approved plans and
specifications.
h. Other modifications as determined by the Director.
12. 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.
13. Prior to transfer of the permit; a file review and site inspection will be conducted by Division
personnel to ensure the permit conditions have been met and that the project and the on -site
stormwater system complies with the permit conditions. Any items not in compliance must be
repaired; replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
III. GENERAL CONDITIONS
1. 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.
2 The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as required
by any statutes, rules, regulations, or ordinances. which may be 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 d❑ so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
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State Stormwater Management
Permit No. SW8 180607
3 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.
4. This permit is not transferable to any person or entity except after notice to and approval by the
Director. The permittee shall submit a completed and signed State Stormwater Request Form
for Permit Transfer or Permit Information Update. accompanied by the supporting
documentation as listed on the form, to the Division at least 60 days prior to any one or more of
the following events:
a. Any ownership change including:
i. The sale or conveyance of the project area in whole or in part. except in the case of
an individual lot sale that is made subject to the recorded deed restrictions and
protective covenants:
ii. Dissolution of the partnership, corporate; or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07;
b_ Bankruptcy;
c. Foreclosure. subject to the requirements of Session Law 2013-121:
d. A name change of the current permittee:
e. A name change of the project;
f. A mailing address change of the permittee:
5. The permittee is responsible for compliance with all terms and conditions of this permit until the
Division approves the transfer request_ Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
6. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
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 conditions.
8. Approved plans, application documents, supplements, calculations, operation and maintenance
agreement; and specifications for this project are incorporated by reference and are enforceable
parts of the permit. A copy of this permit; application, supplements, operation and maintenance
agreement, and approved plans and specifications shall be maintained on file by the permittee.
9. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system
must follow the guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
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 for cause as allowed by the
laws, rules; and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
11 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 issued this the 28th day of August 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
#Di'vision
Willia E. (Toby) on; r., PE, CPESC, CPMInterim ❑irector
f Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 180607
Page 4 of 4