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HomeMy WebLinkAboutSW6200403_Final Permit_20200714ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director Par 5 Holding, LLC Attn: R. Lee Pittman, Managing Member 2075 Juniper Lake Road West End, NC 27376 NORTH CAROLINA Environmental Quality July 14, 2020 Subject: Stormwater Management Permit SW6200403 Fayetteville Clinton Road Dollar General High Density Project Cumberland County Dear Mr. Pittman: The Division of Energy, Mineral and Land Resources (DEMLR) received a complete Stormwater Management Permit Application for Fayetteville Clinton Road Dollar General on April 22, 2020. 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 NCAC 2H .1000. Therefore, we are forwarding herewith Stormwater Management Permit SW6200403, dated July 14, 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 July 14, 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 150E 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 Mike Lawyer at (910) 433-3394 or via e-mail at mike.lawyer@ncdenr.gov. Sincerely, for Brian Wrenn Director DEMLR ec: Scott Brown, PE — 4D Site Solutions, Inc. Rawls Howard, Director— Cumberland County Planning & Inspections Department cc: FRO — DEMLR, State Stormwater Files EQNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and LandResources .�% Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 NORr I CttRCM:INM1 003'"'mwr vft—^wQ.1KV /"� 910.433.3300 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 Par 5 Holding, LLC for Fayetteville Clinton Road Dollar General 4310 Clinton Road, Fayetteville Cumberland County FOR THE construction, operation and maintenance of the 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, 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 July 14, 2028 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The SCM is approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. 3. All stormwater collection and treatment systems must be located within a dedicated common area or recorded easement. 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 area within the permitted drainage area of this project must be directed into the SCM. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. II. SCHEDULE OF COMPLIANCE 1. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to assure every SCM 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. Semi-annual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation 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 all drainage structures, orifice device, flow spreader, catch basins and piping. g. Access to the SCM and outlet structure must be available at all times. 3. Records of maintenance activities must be kept for the SCM 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. 4. The SCM shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 5. 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 SCM certifying that it 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. 6. SCMs impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. 7. 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 was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 8. 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. 9. 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. 10. All SCMs and associated maintenance accesses on privately owned land except for those located on single family residential lots shall be located in permanent recorded easements. The SCM shall be shown and labeled within the easement. These easements shall be granted in favor of the party responsible for enforcing the stormwater program under which the SCMs were approved. SCMs must have access and maintenance easements to provide the legal authority for inspections, maintenance personnel and equipment. The entire footprint of the SCM system must be included in the access and maintenance easement, plus an additional ten or more feet around the SCM to provide enough room to complete maintenance tasks. The SCM system includes the side slopes, fdrebay, riser structure, SCM device, outlet structure, dam embankment and emergency spillway. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership or a name 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 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 of Energy, Mineral and Land Resources 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. 5. The permittee grants Division 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. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 9. The permittee shall submit a permit renewal application with all required forms and documentation and processing fee at least 180 days prior to the expiration date of this permit. Permit issued this the 14th day of July 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Br' n Wrenn, Dire or Division of Energy, Mineral and Land Resources by Authority of the Environmental Management Commission Stormwater Management Permit SW6200403 Fayetteville Clinton Road Dollar General Stormwater Management Permit SW6200403 Cumberland County Designer's Certification I, , 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 Name) 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 specification: SEAL Signature Registration Number Date 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