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October 23, 2020
DWR # 2005-0732v50
Chatham County
Mr. Sami I. Nafisi - Manager
SXCW Properties II, LLC
7935 Council Place, Suite 200
Matthews, North Carolina 28105
Subject: APPROVAL OF STORMWATER MANAGEMENT PLAN
Briar Chapel – Sam’s Xpress Carwash
Dear Mr. Nafisi:
The Division of Water Resources (Division) recently reviewed the proposed stormwater management plan
(SMP) for the subject project as required by Individual 401 Water Quality Certification #2009-0597 issued
by the Division on February 1, 2010. Submittal of the SMP satisfies the stormwater condition(s) of the 401
certification for this phase of the project and is subject to the requirements below.
The Division approves the SMP consisting of a bioretention cell and all associated stormwater conveyances,
inlet and outlet structures, and grading and drainage patterns depicted on plan sheets dated August 31, 2020,
which are incorporated by reference and are enforceable by the Division. The following conditions also
apply [15A NCAC 02H .0506(b)(5)]:
a) The maximum allowable drainage area for the approved bioretention cell shall be 55,305 square
feet and the maximum allowable built-upon area within that drainage area shall be 38,834 square
feet. Any changes to these allowable maximum areas shall require the applicant to submit and
receive approval from the Division prior to any construction or modification of the current site.
b) The footprint of all stormwater management device(s) as well as an additional 10-foot wide area
on all sides of the device(s) shall be located in either public rights-of-way, dedicated common areas
or recorded easement areas. The final plats for the project showing such rights-of-way, common
areas and easement areas, shall be in accordance with the approved plans.
c) The approved SMP shall be constructed and operational before any permanent building or other
structure is occupied at the site.
d) The SMP may not be modified without prior written authorization from the Division.
DocuSign Envelope ID: 3EC10730-7114-4FF6-82EB-C589C48CF825
DWR # 2005-0732v50
Page 2 of 2
e) Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Tagreed Nafisi on September 1, 2020. The O&M
agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the
approved SMP. The Division shall be notified promptly of every transfer.
f) Upon completion of construction and prior to operation of the approved stormwater control
device(s), a certification from an appropriate designer for the device certifying that it has been
installed in accordance with the approved plans, specifications, and other supporting
documentation, shall be submitted to the Division (C/O Chonticha McDaniel; 1617 Mail Service
Center, Raleigh, NC 27699-1617).
g) Additional SMP(s) for future phases must receive written authorization from the Division before
any land disturbance, construction, or expansion of the new phase(s) may occur.
Please contact Chonticha McDaniel at (919) 707-3634 or chonticha.mcdaniel@ncdenr.gov if you have any
questions or concerns regarding this matter.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Tanya Matzen – NNP Briar Chapel, LLC C/O Newland Communities (via email)
Chris Morgan – SXCW Properties II, LLC (via email)
Matt Lowder, PE – Triangle Site Design, PLLC (via email)
Carlo Pardo – Triangle Site Design, PLLC (via email)
DWR, Raleigh Regional Office
DWR 401 & Buffer Permitting Branch File
DocuSign Envelope ID: 3EC10730-7114-4FF6-82EB-C589C48CF825