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HomeMy WebLinkAboutSW3110401_Renewal_20210419ROY COOPER Governor DIONNE DELLFGATTI Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality April 19, 2021 Albemarle, U.S., Inc. Mitchell Bruce, Site Director 348 Holiday Inn Drive Kings Mountain, NC 28086 Subject: Permit Renewal State Stormwater Management Permit No. SW3110401 Albemarle U.S. New Office and Laboratory Project Cleveland County Dear Mr. Bruce: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. The Central DEQ Office received a complete 8 year Stormwater Management Permit Renewal Application for Albermarle U.S. New Office and Laboratory Project on January 11, 2021. The Division is hereby notifying you that permit SW3110401 has been renewed on April 19, 2021 and shall be effective until April 19, 2029. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved on May 23, 2011 will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 21-1.1000 effective September 1,1995. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, 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 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. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA uepaa nt of enmmnmenmi Q.1; 919.707.9200 If you have any questions, need additional copies of the permit or approved plans, please contact Corey Anen at (919) 707-3649. Sincerely, Brian Wrenn Director, Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office SW3110401 Permit File D Q �� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA - Depanmemof Emlloameotal Duality 919.707.9200 State Stormwater Management Systems Permit No. SW3110401 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 Albemarle U.S., Inc. Albemarle U.S. New Office and Laboratory Project 348 Holiday Inn Drive, Kings Mountain, Cleveland County FOR THE construction, operation and maintenance of two (2) bioretention cell(s) in compliance with the provisions of Session Law 2008-211 and 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 (hereafter referred to as the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until April 19, 2029, 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. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. 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 measure has been designed to handle the runoff from 87,214 square feet of built -upon area. 3. The drainage area(s) will be limited to the amount(s) of built -upon area indicated in Sections 1.2 and 1.7 of this permit, and per approved plans. The built -upon area for the future development is limited to 4.13 acres. 4. 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. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 1 of 5 State Stormwater Management Systems Permit No. SW3110401 7. The following design criteria have been permitted for the bioretention cells and must be provided and maintained at the design condition: a. Drainage Area, acres: 1.72 2.91 Onsite, ft2: 74,923 126,905 Offsite, ft2: 0 0 b. Total Impervious Surfaces, ft2: 40,765 46,449 Onsite, ft2: 40,765 46,449 Offsite, ft2: 0 0 C. Design Storm, inches: 1" d. Max. Ponded Depth, feet: 12" e. Seasonal High Water Table, fmsl: 810' 810' f. Media Depth, ft: 2.25' 2.25' g. Cell Dimensions, ft: 126 by 30 122 by 50 h. Bottom Elevation, fmsl: 860.75 864.75 i. Bottom Surface Area, ft2: 3,687 4,365 j. Permitted Storage Volume, ft3: 4,205 5,523 k. Bypass / Storage Elevation: 864' 867' I. Drawdown Time, hours: 18 M. Underdrain Diameter, inches: 6" n. Total number of plants provided: grassed cell o. Receiving Stream/River Basin: Kings Creek / Broad p. Stream Index Number: 9-54 q. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. 2. 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. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the 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. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at 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. a. Semiannual scheduled inspections (every 6 months) b. Sediment removal C. Mowing and re -vegetation of slopes and the filter strip 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, level spreader, filter media, planting media, underdrains, catch basins, and piping g. Access to the cell and outlet structure must be available at all times 5. 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. 6. The permittee shall submit to the Division of Energy, Mineral and Land Resources an annual summary report of the maintenance and inspection records for each BMP. The Page 2 of 5 State Stormwater Management Systems Permit No. SW3110401 report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 7. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 8. All stormwater collection and treatment systems must be located in either public rights - of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights -of -way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded 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 development, subdivision, acquisition, lease or sale of any, 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. f. 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 specification shall be maintained on file by the Permittee for a minimum of ten years from the date of 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. III. GENERAL CONDITIONS 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. 2. In the event that the facilities fail to perform satisfactorily 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. Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction. 3. 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in Page 3 of 5 State Stormwater Management Systems Permit No. SW3110401 whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 4. The permittee is responsible for compliance with all permit conditions until such time as 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 stormwater permit. 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 issued shall continue in force and effect until revoked or terminated. 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. 7. The permit issued shall continue in force and effect until modified, revoked, terminated or renewed. 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. Approved plans, calculations, supplement forms, operation and maintenance agreements 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. 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. 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 as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a permit renewal application request 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. Page 4 of 5 State Stormwater Management Systems Permit No. SW3110401 Permit issued this the 19t" day of April, 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �- - +1 " Brian Wrenn Director, Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW3110401 Page 5 of 5