HomeMy WebLinkAboutSW7060222_CURRENT PERMIT_20200131i
STORMWATER. DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SWQ�a'�
DOC TYPE
CURRENT PERMIT
APPROVED PLANS
❑ HISTORICAL FILE
DOC DATE
YYYYMMDD
y
"P`d
ROY COOPER
Governor
MICHAEL S. REGAN
seerclary
S. DANIEL SMITH
Director
NORTI I CAROUNA
Environmental Quality
January 31, 2020
Wal-Mart Stores East, LP
Attention: Mr. Rich Dailey, Sr. Director, EH&S Compliance
702 SW 8 th Street — Mail Stop 0505
Bentonville, AZ 72716-0505
Subject: Stormwater Permit No. SW060222 Renewal
Walmart Store -- Havelock, NC
High Density Stormwater Project
Craven County
Dear Mr. Dailey:
The Washington Regional Office received a Stormwater Management Permit
Application for renewal of the subject permit on January 2, 2020. Staff review of the
application has determined that the permit can be reissued, We are forwarding Permit
No. SW7060222 dated January 31, 2020, for the continued operation of the subject
project.
This permit, upon its effective date, will replace all previous State Stormwater permits for
this project. This permit shall be effective from May 9, 2020 until May 8, 2028 and shall
be subject to the conditions and limitations as specified therein, and does not supercede
any other agency permit that may be required. 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 upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Unless 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 me at (252) 948-3923.
Sincerely,
oger K. Thorpe
Environmental Engineer
QNorth�� Carolina Department of Environmental Quality I Division of Enei gy, Mineral and Land Resources
D EWashington Rcgional Office 1443 Washington5quire Mali I Washington, North Carolina 27889
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25.2.946.6481
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
Wal-Mart Stores East, LP
Walmart Store — Havelock, NC
Craven County
FOR THE
construction, operation and maintenance of an extended detention wetland system 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 (Division) and considered a part of this permit.
This permit shall be effective from May 9, 2020 until May 8, 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. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 of this permit. The stormwater controls have
been designed to handle the runoff from 16.94 acres of impervious area.
3. The tract will be limited to the 16.94 acres of built -upon area within the total
project area of 22.38 acres as indicated on the application and per approved
plans.
4.
5.
6.
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.
The runoff from all built -upon area within the permitted drainage areas of this
project must be directed into the permitted stormwater control systems per
approved plans.
The following design criteria has been provided in the extended detention
wetland system and must be maintained at design conditions:
a.
Drainage Area, acres:
22.38
b.
Total Impervious Surfaces, ac:
16.94
Off -Site Cieszo Property Impervious, ac:
1.46
C.
Design Storm, inches:
1.0
d.
Pond Depth, feet:
3.00
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMSL:
21.50
g.
Permanent Pool Surface Area, ft2:
113,692
h.
Temporary Storage Elevation, FMSL:
22.10
i.
Temporary Storage Volume, fta:
68,744
j.
Controlling Orifice:
3 - 6.0" � pipe
k.
Receiving Stream/River Basin:
UT Sandy Run ! Neuse
I.
Stream Index Number:
27 — 112 — 6 — 3
M.
Classification of Water Body:
"SC; Sw, NSW'
11. SCHEDULE OF COMPLIANCE
1. 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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions 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. Mowin.9 and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. 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.
5. The facilities shall be constructed as shown on the approved plans. 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.
6. 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. A
modification may be required for those deviations.
7. 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.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. 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 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 Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
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 revised plans and certification in writing to the Director
that the changes have been made.
13. This permit shall be effective from May 9, 2020 until May 8, 2028, Application for
permit renewal shall be submitted 180 days prior to the expiration date of this
permit and must be accompanied by the processing fee.
14. The Cieszo Family Property must submit a separate Stormwater Management
Permit Off -Site application package to the Division and receive a permit prior to
any construction of built upon area on the lot. If the property is sold, the new
owner(s) shall be notified of this permit condition and the name and address of
the new owner(s) shall be forwarded to the Washington Regional Office's
Division of Energy, Mineral, and Land Resources within 30 days of sale of
property.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division, accompanied by a
completed name/ownership change form, documentation from the parties
involved, and other supporting materials as may be appropriate. The approval of
this request will be considered on its merits and may or may not be approved.
The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
3. 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.
4. 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.
b. The permittee grants DEQ Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
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. 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:
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 315t day of January 2020,
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
S. Daniel Smith, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7060222
i UtML'K'USt UNL-Y
Date Received
Fee Paid
Permit Number
o
cJ '7 a P 1 z2
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with .1 5A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW7060222
2. Project name: Walmart Store - I-lavelock NC
3. Project street address: 566 Highway_70 West
RgWVED JAN U 1
City: Havelock County: INC
4. What, if any, changes have been made to the project as permitted?
ZIP : 28532
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: Lps://de .nc.gov/abouLVdivisions/energy-
mineral-land-resources/energy-mineral-land-rules/stormwater_program/past-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at. https://dec nc.gov/about/divisions/energy-mineral-land-
resou_rces/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Wal-Mart Stores East, LP
2. Signing Official's Name: Rich Dailey
3. Signing Official's Title: Sr. Director, EH&S Compliance
4. Mailing Address: 702 SW 81h Street - Mail Stop 0505
City: Bentonvill
72716-0505
5. Street Address:
State: AR ZIP :
City: State: ZIP
6. Phone: (479) 204-5758 Email: rich.dailey[a?_walmart.com: kyarberry- .walmart.com
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal NQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package.
x 1. A permit application processing fee of $505.00 payable to NCDEQ.
x 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
NIA 3. One hard copy and one electronic copy of recorded documents required by the original permit that have
not yet been received by DEMLR, including: deed restrictions, protective covenants,
condom iniumlplanned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
x 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
® I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
x 5. Designer Certifications, Please select one:
® A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
NIA 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
x 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide
one hard copy and one electronic copy of documentation from the NC Secretary of State, or other
official documentation, which supports the titles and positions held by the persons listed in Section
C.2 per 15A NCAC 2H. 1043(3)(b).
https:llwww.sosnc,gov/online services/search/by title/ Business Registration
Stormwaler Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PERMITTEE'S CERTIFICATION ��}
I, ` 61 Zoe ICE , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and complete.
Signature: Date:I� �1 _
NOTARIZATION:
I, Iytrt S (-e S a Notary Public for the State of
-ayisCiC. County of Rjbq�Mn do hereby certify
that _At(' q 2) ou l ey ,_Sr. recb _.+A S C6 N P J 1 a k C C' personally appeared before me
this the cr, day oft'.1"Y 20�, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
ELIZABETH MASHIE GUNSAUUS
Notary Public -Arkansas
(Notary Seal)il Benton County
My Commission Expires 02-11-2025
Commission # 12403236
Notary Signature: �`C,ii� Nyk - .Ux—M' LZ ,'_Q
My commission expires J-2-02-S—
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
DELEGATION OF SIGNATURE AUTHORITY
I, John Clarke, being a Vice President of Wal-Mart Stores, Inc.; Wal-Mart Real Estate Business Trust; Wal-Mart TRS,
LLC; Wal-Mart Realty Company; Wal-Mart Property Company; Wal-Mart Stores Arkansas, LLC; Wal-Mart Stores,
Texas, LLC: Wal-Mart Stores East, LP; Wal-Mart Louisiana, LLC; WSE Management, LLC; Sam's Real Estate
Business Trust; Sam's TRS,LLC; Sam's East, Inc.: Sam's West, Inc.; Wal-Mart.com USA, LLC; Wal-Mart Puerto
Rico, Inc,: Sam's PW, Inc. and Sam's Property Company (hereinafter collectively referred to as the "the Company"),
do hereby delegate to the positions below the authority to sign documents as set forth below on behalf of the
Company, in their respective capacity for the Company.
Director EH&S Compliance
The position above may sign any and all documents relative to or required by any storm water construction general
or individual permit issued or promulgated by the United States Environmental Protection Agency, or by a state or
local agency with authority to regulate storm water discharges from construction sites. This includes, without
limitation, the authority to sign Notices of Intent, Storm Water Pollution Prevention Plans, reports, certifications,
Notices of Termination, or any other information or document required to be signed by the Company as a permittee
under the terms of any of the above described permits.
When the above named associate is unavailable, the signature authority delegated in this document may be
delegated to another designated employee whom I approve. Such signature will serve on its face as confirmation
that the regular signatory was unavailable and be valid and binding as long as it is within the scope of signature
authority for the position above.
This delegation shall supersede and revoke any signature authority previously given to the Senior Director of Real
Estate Environmental Compliance and the Senior Director of Stormwater Compliance by Carl Crowe on October 26,
2015 as of the date set forth below. All acts and transactions of individuals in the position above, which were taken
or made in good faith and prior to the formal delegation of authority to such position that are consistent with this
delegation are hereby ratified and approved. All actions taken pursuant to this delegation must comply with the
Walma0- ally Division Corrorate Governance. as revised from time to time.
Subscribed and sown before me this ]a day of February, 2017.
Not Public
My Commission expires: .S11l_'�_.._..,,_.._�
LISA M. GARCIA
NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
My Commission Exp4es May 01, 2017
Commission # 12360574
�VAPb
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Inrerim Director
NORTH CAROLINA
Environmental Quality
November 20, 2019
Wal-Mart Stores East, LP
Attention: CT Corporation System, Registered Agent
160 Mine Lake CT, STE 200
Raleigh, NC 27615-6417
Subject: Stormwater Permit No. SW7060222 Renewal
Wal-Mart Store — Havelock, NC
High Density Stormwater Project
Craven County
Dear CT Corporation System:
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SW7060222 for a stormwater treatment system consisting of an
extended detention wetland system serving a Wal-Mart store located at 566 Us Hwy 70
W, Havelock, NC expires on May 8, 2020. This is a reminder that permit renewal
applications are due 180 days prior to expiration. We do not have a record of receiving
a renewal application.
Please submit a completed permit renewal application along with a $505.00 fee for
permit renewal. Permit application forms for renewal can be found on our website at:
littps:.//degnc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-lard-
ruIesJstormwater- program/post-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit_ Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to
discuss this by phone or meet with you. if you would like, I can e-mail you a copy of the
application forms. You can request a copy by e-mailing me at roger.thorpe@ncdenr.gov.
Sincerely,
Roger K. Thorpe
Environmental Engineer
W North Carolina Department of Environmental Quality I nlvlslon of Grier.qy, Mlneral and I.anri itesnurces
Washington Reglonal Office 1 943 Washington Square Mali I Washington, North Carolina 27889.
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