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HomeMy WebLinkAbout20210758 Ver 1_ePCN Application_20210706DWR Division of Water Resources Pre -Construction Notification (PCN) Form April4,2021 Ver4 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20210758 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Gretchen Pines 1a. Who is the Primary Contact?* William Mullin 1b. Primary Contact Email:* vmullin@jhcarterinc.com Date Submitted 7/6/2021 Nearest Body of Water Little River Basin Cape Fear Water Classification WSIII and HOW Site Coordinates Latitude: 35.2573 A. Processing Information County (or Counties) where the project is located: Moore Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No Longitude: -79.5524 Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (910)695-1043 ID# 20210758 Pre -fling Meeting or Request Date 4/19/2021 Attach documentation of Pre -Filing Meeting Request here: dick the upload button or drag and drop files here to attach docurrent DWR Pre -Filing Meeting Request Form.pdf File type nust be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification Version 1 29 - Residential Developments le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: 51.25KB f 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Mitigation request submitted July 6.pdf 1In. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? C Yes r No F. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: TKCSJH -Harris LLC Johnny Harris 2b. Deed book and page no.: 5090 463 37.76KB r Yes r No r Yes r No 2c. Contact Person: Johnny Harris 2d.Address Street Address 4292 Dowd Road Address Line 2 City Carthage Fbstal / Zip Code 28327 2e. Telephone Number: (910)947-2112 2g. Email Address:* harrisandson@embarqmail.com 4. Agent/Consultant (if applicable) 4a. Name: William Mullin 4b. Business Name: Dr. JH Carter and Associates Inc 4c.Address Street Address 515F Midland Road Address Line 2 city Southern Pines Postal / Zip Code 28387 4d. Telephone Number: (910)695-1043 4f. Email Address:* vmullin@jhcarterinc.com Agent Authorization Letter* property ctf gretchen wetlands.pdf State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 317.84KB C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: West End 2. Project Identification 2a. Property Identification Number: 201900017 2c. Project Address Street Address 623-100 Gretchen Road (Private Road) Address Line 2 City West End Postal / Zip Code 27376 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Little River 3b. Water Resources Classification of nearest receiving water:* WSIII and HQW 2b. Property size: app 200acres State / Province / Region NC Country USA 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040302 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The area is a mixed of undeveloped wooded parcels and rural residential. The immediate property is a large undeveloped mature longleaf pine uplands and forested wetland community. It had previously been utilized for pine straw raking. Portions along Gretchen Road located south of this project and entirely in uplands have been subdivided and sold as individual home sites. These individual sites are currently being built upon or are recently completed. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes C No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Gretchen Pines Topo.pdf 1.07MB 4e. Attach an 8 112 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Gretchen Pines east soils.pdf 1.18MB Gretchen Pines West soils.pdf 88.39KB 4f. List the total estimated acreage of all existing wetlands on the property: 100 acres +/- 4g. List the total estimated linear feet of all existing streams on the property: 7,400 mostly along boundaries 4h. Explain the purpose of the proposed project:* to establish a residential subdivision in the West End area of Moore County, NC. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project is a typical residential development if will result in over 25 homes lots to be developed. This includes associated roadways, various attending features such as mailbox area, gated entrances and associated individual septic and typical features related to home construction. The project will have direct impacts on 2 wetland areas with road crossings that will be culverted. Indirect features would included a decrease in green space and an increase in impervious surfaces and generic increased vehicle traffic. 4j. Please upload project drawings for the proposed project. CP-GRETCHEN3-WETLAND SITE-7-1-2021.pdf 458.71 KB WETLAND IMPACT 1-7-1-2021.pdf 91.47KB WETLAND IMPACT 2-3-7-1-2021.pdf 217.89KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* C Yes r No r Unknown Comments: William Mullin of Dr. J H. Carter III & Associates Inc Delineated the property. James Lastinger visited the site in 2020 for pre JD 5b. If the Corps made a jurisdictional determination, what type of determination was made? C Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2020-01356 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): William Mullin Agency/Consultant Company: Dr. JH Carter and Associates Inc Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR oct 2020 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 6b. If yes, explain. The east and the west side of Gretchen Pines Road that bisects the property has been treated as separate phases (2 and 3) the applicants own other properties that borders the phase 3 area and could become future development areas. The 2 and 3 areas are seemingly being developed concurrently and both are addressed in this permit application. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? not that are known D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries F Buffers r Open Waters r Pond Construction 2. Wetland Impacts Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of Impact r Jurisdicition*(?)]2g. area* road crossing P Bottomland Hardwood Forest mpact 1 (phase 2) Yes Both 0.029 (acres) road crossing P Bottomland Hardwood Forest impact 2 (phase 3) Yes Both 0.096 (acres) road crossing P Hardwood Forest impact 3 (phase 3) Yes Both 0.024 �Bottomland (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.149 21. Comments: 2g. Total Permanent Wetland Impact 0.149 all impacts listed are for roads, impacts 2 and 3 are proposed, impact 1 is an after the fact. E. Impact Justification and Mitigation C^U 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The listed impacts are all at narrow wetland interfaces that were picked to be the least amount of disturbance to the wetlands from the roadway crossings, no other features of the subdivision are projected to disturb wetlands or streams on the overall parcel. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best management practices such as silt fences, hay bales or other erosion stabilizing devices will be used during construction to minimize any run off that could degrade wetlands and streams on or off site. Additionally construction equipment will be kept clean and properly functioning. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) n/a 4d. Buffer mitigation requested (DWR only): (square feet) n/a 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.3 4f. Non -riparian wetland mitigation requested: (acres) n/a 4h. Comments 4g. Coastal (tidal) wetland mitigation requested: (acres) n/a 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. G Yes r No FF. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r- Yes r No If no, explain why: not in a buffered stream or waterbody system. This project is in Moore County NC. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r- Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: it is a low density project with BUA <12 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r- Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r- Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. this project is a residential community. It will not add any infrastructure to the surrounding area that would facilitate future development of other non site areas. This project is contained to the boundaries of Gretchen Pines community and it is not anticipated to have reach beyond its boundaries. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYes r- Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r- No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? on site investigations, consultations with the USFWS and NHP data Consultation Documentation Upload undeveloped land Gretchen Road (LRK201900017).pdf 91.55KB APPROVAL- SW6200702_Gretchen Pines Subdivision Phase 2_20200724.pdf 325.76KB Gretchen Pines Phase 2 Dwg Stormwate RE. 2-1-2021.pdf 2.68MB STORMWATER PHASE 3.pdf 2.93MB SW6200702_Approved Minor Modification_20210204.pdf 143.66KB SW6210604_Gretchen Pines Subdivision Phase 3_20210630.pdf 1.14MB Gretchen Pines aerial.pdf 1.49MB Gretchen Pines Area Map.pdf 3.07MB owner page.pdf 279.25KB Letter report 2020.pdf 56.75KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NHP and on site data search 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* on line SHPO database consultation and local landowner verbal histories 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Moore County online GIS -FEMA layer Miscellaneous Comments U Miscellaneous attachments not previously requested. property ctf gretchen wetlands.pdf 317.84KB Signature U * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • intend to electronically sign and submit the PCN form. Full Name: William Mullin Signature Date 7/6/2021 }, abed £IoZ jaqulajaQ :uocsaah Sains paiiun aqi ja sjajlw S '3 Ved of dins `sjoaoload 3DHSfi/loaaN lumina aqi guimollol-sisanbai loQJN jo3 b •(luld nanjns u apnlnui lou ,fain ao Xuw) Q ff paAolddp uB apjnoid pue wmu loo fojdp�vodoid r uo (saaglo Xq polonpuoo) SfloAk jo uojiroujlop r anoiddu puu olenluna sdjoD ogl xngl gupsonbaa urr I -(luld Xanans n apnjou€ IOU k= do XICUJ slid) Qf p�dp ur apjnord puu uax18 loofoad/Xpodoad n uo S floM 11-up salxrpunoq oq; alrauilop sdio:) aqi tirgl Supsonbol um j umtirautlap paj3f10n r aol jsanbaj r, apnjnui LOK swop isonbw sTuL uraaau paIJjluapl Cuadotd aul ioj Qf panoi dp uu apinoad puu 5S flOAA, JO aauasqu JO aouosaid agl ioj raai; loafold/nlaadold aul aluD'jisanut sdioD acjl irgl 2ujisanbw um I •uopvoullap P opnjoul LON swop isonbol slut -utainq pa!jluopt Xpadoid aqi aal (If Knaujuillold r apjnoid sdjo�) oql ipgl Oupsanba.z um I 'uOttiraujjap u 2pnlouj swop lsonbas sjil.L uilonq pagjluopt X podoid a p ioj Cif iuu�aa�c. u ap!noad sdjo0 Qqj 1pgl Oullsonbad uzu I :auo bolas adAi NoiivmikT.uaxaa i dtT?OI.LaIQSI2 fir .,A aanirugjS zaunn0 , vodojd (lupd osrald) nunn0 ,Clladoij • 668 j JO lay s.loq. LH puu s.lanM agl JO o f uotlaaS to/puu lz)y aoj% urolD agjjo tot uoipa S aapun uojlajpsunf lraapad of lo3(gns •S• fl aul jo saalum Minn polmoossr uogruju ialop r 2ujnssi pun suollegllsanul ails-uo 2ujlonpuoop osod nd Sul aoj pogposap uiajaq Xjjadojd aul uodn ialua of (sd.ro:)) sj;)oul9ug jo sdjO3 fiWIV •S•fl `latsisYQ u015ul UJIM aul JO sanlluluasaidai azuoulnu op `utaaoq poTpimpi sopia doid/,sltadoid auljo paoaa.I J0 13UMO p4Dzjz0�1M i(jnp u `paudjsiapun oqj `I t,N0I.Ly3IAIlHH3 HaNAAO AL2 5la0-8d a Isanba,d uoijeutwj@ja(j leuoilaipsi.inj ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality July 24, 2020. TKCSJM Harris, LLC Attn: Steve Harris, Partner 4291 Dowd Road Carthage, NC 28327 Subject: State Stormwater Management Permit SW6200702 Gretchen Pines Subdivision Phase 2 Low Density Subdivision Permit Moore County Dear Mr. Harris: The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete Stormwater Management Permit Application for Gretchen Pines Subdivision Phase 2 on July6, 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 State Stormwater Management Permit SW6200702, dated July 24, 2020, for the construction, operation and maintenance of the subject project and stormwater management system. This permit shall be effective from the date of issuance and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. 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. 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 me at (910) 433-3394 or mike.lawyer@ncdenr.gov. Sincere) , for Brian Wrenn Director DEMLR Attachment: Lot BUA Table ec: Ken W. Bright, PE, PLS — Ken Bright Associates, PLLC Martha Bright, PE - Ken Bright Associates, PLLC Debra Ensminger, Planning & Transportation Director — Moore County Planning & Transportation Theresa Thompson, Planning Supervisor -Moore County Planning & Transportation cc: FRO — DEMLR, State Stormwater Files North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources D- E Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 NQRT'. ( CAR' n.Pnn,�w 0 Env"".awi� Q 910.433.3300 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW 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 TKCSJM Harris, LLC / Steve Harris for Gretchen Pines Subdivision Phase 2 Moore County FOR THE construction, operation and maintenance of a low density subdivision 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 and considered a part of this permit. The Permit shall be effective from the date of issuance and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS This permit authorizes the construction of 174,473 square feet of total proposed built -upon area comprised of 154,000 square feet for buildings/lots and 20,473 square feet for streets for a 19- lot residential subdivision. Each of the 19 lots is limited to the maximum allowable built -upon area as indicated on the attached Lot BUA Table and the approved stormwater management plans and specifications. 2. The overall tract built -upon area percentage for the project must be maintained at or below 12% per the requirements of Section .1021 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent streams. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30 feet from the mean high water mark. 7. All swales that discharge into a wetland shall do so at a non -erosive velocity for the 10-year storm. II. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their 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 swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections. b. Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. 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 of the items shown on the approved plans, including the stormwater management system, design concept, 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, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 10. Within 30 calendar days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit SW6200702, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H .1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum allowable built -upon area per lot is as indicated on the attached Lot BUA Table. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 30' from the mean high water mark of surface waters. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 calendar days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. 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. 15. Stormwater conveyances will be located in dedicated right-of-ways (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. 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. 4. 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 Title 15A of the North Carolina Administrative Code, Subchapter 2H .1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit transfer request must be submitted to the Division of Energy, Mineral and Land Resources accompanied by the appropriate 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. 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/or federal), which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. 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 the Division such as the construction of additional or replacement stormwater management systems. 9. The permittee grants permission to Division staff to enter the property during normal business hours for the purpose of inspecting all components of the stormwater management system. 10. The permittee shall notify the Division of Energy, Mineral and Land Resources of any name, ownership or mailing address changes at least 30 calendar days prior to making such changes. Permit issued this the 24th day of July, 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION f6P,1? n Wrenn, Director,/ Division of Energy, Mineral, and Land Resources by Authority of the Environmental Management Commission Stormwater Management Permit SW6200702 GRETCHEN PINES PHASE 2 LOTS BUA DESCRIPTION BUA - SF LOT 25 5,000 LOT 26 5,000 LOT 27 5,000 LOT 28 5,000 LOT 29 5,000 LOT 30 5,000 LOT 31 5,000 LOT A 8,000 LOT B 8,500 LOT C 9,150 LOT D 8,500 LOT E 8,000 LOT F 11,100 LOT G 18,150 LOT H 8,500 LOT 1 8,500 LOT J 9,900 LOT K 10,500 LOT L 10,200 'SNOISIA321 bbb£-9LL �616) L££LZ JN ' OMOdNVS £SS Yoe Od LZOZ-LO-L 31v4 S2i33 N19N3 ONii�nSNOO NMOHS-SV 3lVVOS 9lld'Sd1VIOOSSV 1H91HEI 'M N-IN SiOVdWl GNV�i3M - UR Z 3SVHd S3NId N3HO13bO site I OPIXI pir i w T300 nII Esri, HERE, (c) OpenStr( I Aof :kk kirn 4 la 3 1 ri.,i • I ilW, mltlrlr {Fi1. 1i{-�b j rr ioi 111r* 161111liFr+1aairtl c.tii 2ia9 Fi1Srr.Jim'or �11wi 7i1•-d Zh 4 : '1 1) S i rTjf ar! ■1 ■ I r ti E■r� 1:J■i■l ..Not 4 F IZ F11IS1■1 woiA7qo FIirT: m:lbd prii.31a _ IWIN-01•J■l I . lli % ll r pI7i.:� pr•aN � wLt ir1 b F. 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I p4r*oM Airs lDanv sand,9to 16 pei wnl 3loves wetland sand, 2 l4 $ 1FI conq 11*041 N W E 77-- DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants 515 F Midland Road • Southern Pines, N.C. 28388 (910) 695-1043 9 Fax (910) 695-3317 27 July 2020 Mr. Johnny Harris 4291 Dowd Road Carthage, North Carolina 28327 Dear Mr. Harris: On 20-21 June 2020, a red -cockaded woodpecker (DryobatesPicoides borealis) (RCW) survey was conducted on 2 parcels totaling 201 acres near West End, Mineral Springs Township, Moore County, North Carolina (NC) (Figure 1). The property is bordered on the southeast by private properties along NC Highway (Hwy.) 73, on the west by private properties along Carthage Road (Rd.), and on the north and east by private property (Figure 1). Gretchen Road seperates the 2 parcels. Timber along Gretchen Road and Happy Valley Road was heavily thinned between 2018 and 2020 and the property is being subdivided into smaller lots. A majority of the property is forested with the exception of the areas that were thinned immediately along Gretchen and Happy Valley Roads, a pond and an abandoned residence south of the intersection of Gretchen and Carthage Roads. The majority of the property is forested with longleaf (Pinus palustris) and loblolly (P. taeda) pines averaging >90 years old, with older pines scattered throughout. A few even -aged patches of younger pines occur on the property, particularly west of Gretchen Rd. A portion of the property has been maintained for pinestraw raking. These stands generally had a dense canopy of longleaf pine, little to no hardwood midstory and sparse groundcover of Carolina wiregrass (Aristides stricter), little bluestem (Schizachyrium scoparium), other bluestems (Andropogon spp.), grass -leaved golden -aster (Pityopsis graminifolia) and sweet goldenrod (Solidago odora). Uplands that had not been managed for raking generally had a dense hardwood midstory of turkey oak (Quercus laevis), blackjack oak (Q. marilandica), sand laurel oak (Q. hemisphaerica) and sassafras (Sassafras albidum). Mesic areas were forested with loblolly, longleaf and a few Virginia pines (Pinus virginiana) with a dense midstory of black oak (Q. velutina), post oak (Q. stellata), southern red oak (Q. falcata), water oak (Q. nigra), blackgum (Nyssa sylvatica), sourwood (Oxydendrum arboreum) and American holly (Ilex opaca). The shrub layer was moderately dense with Endangered Species Surveys 9 Environmental Assessments 9 Land Management 9 Wetlands Mapping and Permitting blueberries (Vaccinium spp.), dangleberry (Gaylussacia frondosa) and sweetleaf (Symplocos tinctoria). Vines such as muscadine grape (Muscadinia rotundifolia), greenbriar (Smilax sp.) and Carolina jessamine (Gelsemium sempervirens) were common, and herbaceous vegetation was sparse to absent. Wetland drainages were forested with pond pine (Pious serotina), tulip poplar (Liriodendron tulipifera) and swamp tupelo (Nyssa biflora), with red maple (Acer rubrum) and sweetbay (Magnolia virginiana) in the midstory. The shrub layer was dense with switchcane (Arundinaria tecta) and deciduous shrubs such as sweet pepperbush (Clethra alnifolia), blueberry, red chokeberry (Aronia arbutifolia) and titi (Cyrilla racemiflora). Herbaceous cover in drainages was sparse and consisted of various ferns, grasses and sedges (Carex spp.). All 6 living RCW cavity trees associated with Moore County (MOOR) RCW Cluster 16 are located on the proposed project site (Figure 1). MOOR 16 was discovered as an inactive cluster in 1983. One cavity in tree 93226 was inhabited by a RCW ("active") in 1984 and 1985 and was possibly active in 1988, but it has been inactive since then (Sandhills Ecological Institute, unpublished data). All known cavity trees on the property were visited during the survey and all contained relic cavities or starts (Table 1). The owner is not proposing to impact the cavity trees at this time. The closest known active cavity trees are associated with MOOR 21, 4,296 ft southeast of the project site. The property is not within 0.5 mile of any managed RCW clusters; relic clusters MOOR 20 and MOOR 24 are southeast of the parcels but are slightly more than a half mile from the project area, both of which have been inactive for >10 years (SEI, unpublished data). Some adjacent properties are enrolled in the Sandhills RCW Safe Harbor Program (U.S. Fish and Wildlife Service (USFWS), unpublished data). No new or active RCW cavity trees were found during the survey. Disturbance within 50 feet or removal of the previously known RCW cavity trees on the property will require an additional approval from the USFWS. Please note that the local USFWS office recommends minimizing the removal of pine trees > 8 inches in dbh to the extent practicable. When thinning, retaining larger and/or older longleaf pines is preferred. The results of this survey are valid for a period of one year from the date of this letter. A copy of this letter along with a letter from the USFWS will be required when owners request a building permit from the local Planning and Zoning office. Please feel free to call if you have any questions or comments. 1V�I cer fir„ liam Mul I Wetland & Wildlife Biologist CC: Susan Miller, U.S. Fish and Wildlife Service Table 1. Status of red -cockaded woodpecker cavity trees on the Johnson property northeast of West End, Moore County, North Carolina. Tree Number Cavity Status 2020 Notes 03222 Relic Cavity 03224 Healed 03225 Relic Cavity 03226 Relic Cavity 03227 Relic Cavity 04421 Relic Cavity Tree is missing its numbered aluminum tag Mitigation request submitted July 6, 2021 with DMS ;m=2=:=emu:°` e°aal,a=ter \z ( , § } z - � - § § / \!!)) )) m` - �)k,{k!�\\ (�27C;z0n))»i})±§,#7:=/§f2=:( »zoo I� ¥ « « ■ ) ; Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* William Mullin wmullin@jhcarterinc.com Johnny Harris - TKCSJM HARRIS LLC Gretchen Pines Moore Street Address 4292 Dowd Road Address Line 2 aty Carthage Postal/ Zip axle 28327 (- Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / Region NC Country USA Do you know the name of the staff member you would like to request a meeting with? Chad Turlington Please give a brief project description below and include location information.* The project is a proposed multiphase subdivision located on Gretchen Pines Road and the intersection of Carthage Road south of Seven Lakes in Moore County NC. This application is associated with Phases 2 and 3. Gretchen Road is a private gated community Road. Please give a couple of dates you are available for a meeting. 4/19/2021 4/20/2021 4/22/2021 4/23/2021 5/3/2021 Please attach the documentation you would like to have the meeting about. Gretchen Pines West Area.pdf 150.78KB GRETCHEN PINES PH3-4 WETLANDS green 491.96KB highlight.pdf Gretchen Pines east Area.pdf 150.77KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. 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"..,., wo]6 u'w46uquaV aw46u9ruN '.liew-a �5[5)� Noud "'"" asz �-ass (o �5) S�IV13031VMS �F a .� m: I£f[2 ]N IyniNbS Z Z 'N 39tlH19tl9 r yu� n j_ 1539YHliltn SdC2 CSS XO9 'O'd 'Qi14M04�l NZl i tlH 3n3is E 3StlHd NOISIA108f1S 53NId N3H01321E1 lDrlrld 5�•LVI�OSSV IHDIRI4 Ng)ISNOISIAA3 3..n3a axvs.�xrna�3� IOVINOO -31VO5 LZOZ-6-9 '31V0 N 0 N Q7 W_ W U Z W C7 a 0 LL Q o U) r Q 0 LLJ H1d30 MOIL 72 } O O X X O O X 3 .e B� �V E � m 3 5 g Y 3 N M _ C O W n O a oS U)R MJi O H1d30 MOIJ V Q E a c O O G — c J a U g d - - 3z ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality February 4, 2021 TKCSJM Harris, LLC Attn: Steve Harris', Partner 4291 Dowd Road Carthage, NC 28327 Subject: Approved Minor Modification Gretchen Pines Subdivision Phase 2 State Stormwater Management Permit SW6200702 Moore County Dear Mr. Harris: On February 2, 2021, the FayettevilleRegional Office of the Division' of Energy, Mineral and Land Resources (DEMLR) received a complete application package for minor modification to State Stormwater Management Permit SW6200702. The proposed minor modifications are summarized on the form as; "The length of Harrison Lane was increased and the lot property lines were slightly modified. BUA of the lots and Harrison Lane were modified. The total BUA remained 11.97%" More specifically and based on information provided in the application package, the maximum allowable built -upon area per lot was modified as indicated on the attached Lot BUA Table such that the total built -upon area for buildings/lots decreased from 154,000 square feet to 151,410 square feet and the total built -upon area for streets increased from 20,473 square feet to 23,100 square feet. These modifications result in the total project built -upon area increasing from 174,473 square feet to 174,510 square feet. While this is a negligible increase in net built -upon area, the overall density percentage of the project will remain at 11.97%. Upon staff review of the application package, it has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please replace the old, approved plan sheet(s) with the new one(s) or please add the attached plans to the previously approved plan sheet. Please be aware that all terms and conditions of the permit, issued on July 24, 2020, remain in full force and effect with the exception of recording new or amended deed, restrictions that reflect the approved modifications to the maximum allowable built -upon area per lot as indicated on the attached Lot BUA Table. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Management Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office` prior to construction. The approval of this minor modification does not preclude the.permittee from complying with all other applicable statutes, rules, regulations, or ordinances, which may have jurisdiction over the proposed activity and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please contact Mike Lawyer at (910) 433-3394 or via e-mail ' at mike. lawyer@ncdenr.gov. Sincerely, for Brian Wrenn Director DEMLR Attachment: Lot BUA Table ec: Ken W. Bright, PE - Ken Bright Associates, PLLC Martha Bright, PE — Ken Bright Associates, PLLC Debra Ensminger, Planning & Transportation Director — Moore County Planning & Transportation cc: FRO — DEMLR, State Stormwater Files eol—b do North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Q 2A Fayetteville Regional Office 1 225 Green Street, Suite7141 Fayetteville, North Carolina 28301 t�rar:� cnaai.iw nwa M�nwr�wo re� aim ,e 910.433.3300 LOTS BUILT UPON AREA FOR GRETCHEN PINES PHASE 2 DESCRIPTION BUA - SF LOT 25 5,000 LOT 26 51000 LOT 27 5,000 LOT 28 5,000 LOT 29 5,000 LOT 30 5,000 LOT 31 5,000 LOT A 6,900 LOT B 7,600 LOT C 9, 700 LOT D 8,100 LOT E 7,100 LOT F 9,560 LOT G 17,000 LOT H 6,550 LOT 1 8,500 LOT J 11,650 LOT K 12,350 LOT L 11,400 Y-approved StorvyiWWater Perrrtlt Docu nrierft Construction in accordance with these documents is required by the stormwater permit. North Carolina rules require that the stormwater Fystem designer inspect during constn ;,:,n, i-,,J,: , .:.;nformity with the plans and spar:; with the stormwater rules. (95A NCAC 21-I, 1008 1) Permi #,$d./�LOo'70Z Date Z y ZOZ Sheet #__ _ _.__Revision Date_1 Z Z/ ROY COOPER " Governor JOHN NICHOLSON`. Interim Secretary `r'"" BRIAN WRENN NORTH CAROL.INA Director Environmental Quality June 30, 2021 TKCSJM Harris, LLC Attn: Steve Harris, Partner 4291 Dowd Road Carthage, NC 28327 Subject: State Stormwater Management Permit SW6210604 Gretchen Pines Subdivision Phase 3 Low Density Subdivision Permit Moore County Dear Mr. Harris: The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete Stormwater Management Permit Application for Gretchen Pines Subdivision Phase 3 on June 10, 2021 Staff review of the plans and specifications, along with additional information received on June 28, 2021, has determined -that the project, as proposed, complies with the Stormwater Regulationsset forth in Title 15A NCAC 2H .1000 amended on January 1, 2017 (2017 Rules). Therefore, we are forwarding herewith State Stormwater Management Permit SW6210604, dated June 30, 2021, for the construction of the built -upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferrable except after notice to and approval by the Division. 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 (910) 433-3394 or via e-mail at mike.lawyer@ncdenr.gov. Sincerely, for Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Certification Forms ec: Ken W. Bright, PE — Ken Bright Associates, PLLC Martha Bright, PE — Ken Bright Associates, PLLC Debra Ensminger, Director — Moore County Planning & Transportation cc: FRO - DEMLR, State Stormwater Files North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street; Suite 7141 Fayetteville, North Carolina 28301 4�9.EQ Y�v+� /e"f 910.433.3300 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW 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 promulgated and adopted by the North Carolina Environmental Management Commission, including 15 NCAC 02H .1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO TKCSJM Harris, LLC / Steve Harris for Gretchen Pines Subdivision Phase 3 Gretchen Road Moore County FOR THE construction, management, operation and maintenance of built -upon areas (BUA) for a low density subdivision as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, 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"). This project shall be constructed, operated, and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS This permit authorizes the construction of 163,787 square feet of total proposed BUA comprised of 115,000 square feet for buildings/lots and 48,787 square feet for streets for a 23-lot residential subdivision. Each of the 23 lots is limited to a maximum of 5,000 square feet of BUA as indicated in the approved stormwater management plans and specifications. 2. The overall tract built -upon area percentage for the project must be maintained at or below 12% per the requirements of Section .1021 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The BUA associated with this project shall be located at least 30 feet landward of all perennial and intermittent streams. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. 7. All swales that discharge into a wetland shall do so at a non -erosive velocity for the 10-year storm. 11. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their 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 swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. 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 of the items shown on the approved plans, including the"stormwater management system, design concept, 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, or selling of the project area. f. Filling in, altering, or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 of this permit. 10. Upon completion of construction, the Certifications provided in Attachment A shall be submitted to the Division 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. Deviations may require approval from the Division. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW6210604, as issued by, the Division of Energy, Mineral and Land Resources under NCAC 2H .1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is 5,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 calendar days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. 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. 15. Stormwater conveyances will be located in dedicated right-of-ways (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Energy, Mineral and Land Resources in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. 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. 4. 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 Title 15A of the North Carolina Administrative Code, Subchapter 2H .1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the.name and incorporate such other requirements as may be necessary. A formal permit transfer request must be submitted to the Division of Energy, Mineral and Land Resources accompanied by the appropriate 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does _ not relieve the permittee of responsibility for transferring the permit. 7. 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), which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. 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 the Division such as the construction of additional or replacement stormwater management systems. 9. The permittee grants permission to Division staff to enter the property during normal business hours for the purpose of inspecting all components of the stormwater management system. 10. The permittee shall notify the Division of Energy, Mineral and Land Resources of any name, ownership or mailing address changes within 30 calendar days. Permit issued this the 30t' day of June 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral, and Land Resources by Authority of the Environmental Management Commission Stormwater Management Permit SW6210604 Attachment A Certification Forms The following blank Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification for Low Density Project A separate certification is required for each SCM. These blank Certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Project Name: Gretchen Pines Subdivision Phase 3 Permit #: SW6210604 AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in 15a NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM # ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3) Printed Name Signature I, , a Notary Public in the State of County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires c 1. The deed restrictions and protective covenants have been recorded and Y or N contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants has been Y or N provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10-feet wide. Y or N 3. The access extends to the nearest public right-of-way. NCDEQ 2/9/2018 Project Name: Gretchen Pines Subdivision Phase 3 Permit* SW6210604 1. The SCMs and the components of the runoff collection / conveyance system Y or N are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. I Y or N 1. The specific location of the SCM on the lot. I Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article Y or N 21 if the SCM is removed, relocated or altered without prior approval. 1. The O&M Agreement is referenced on the final recorded plat. I Y or N 2. The O&M Agreement is recorded with the Register of Deeds and appears in I y or N the chain of title. 1. Maintenance records are being kept in a known, set location for each SCM I Y or N and are available for review. 1. A completed designer's certification form has been provided to the Y or N Division. Note 1 — Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation below for every requirement that was not met, and for every item marked "N/A." Attach additional pages as needed. NCDEQ 2/9/2018 Project Name: Gretchen Pines Subdivision Phase 3 Permit #: SW6210604 AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name Signature NC Registration Number Date SEAL: Consultant's Mailing Address: City: Phone:(___) Consultant's Email address: State: Zip: i0 Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. OO N/E = Not Evaluated (provide explanation on page 2). OO N/A = Not Applicable to this-project/plan. 1. The project has areas of high density based on natural drainage Y or N area boundaries, variations in land use or construction phasing. 2. The project's built -upon area does not exceed the maximum limit Y or N specified in the permit. 1. The project maximizes dispersed flow through vegetated areas I Y or N and minimizes channelized flow. NCDEQ 2/9/2018 Project Name: Gretchen Pines Subdivision Phase 3 Permit #: SW6210604 1. Stormwater that is not released as dispersed flow is transported Y or N by vegetated conveyances. 2. The project has a minimal amount of non -vegetated conveyances Y or N to reduce erosion. 3. Other than minimal piping under driveways and roads, no piping Y or N has been added beyond what is shown on the approved plans. 4. Side slopes are no steeper than 3HA V. 1 Y or N 5. The conveyance does not erode in response to the peak flow from I Y or N the 10-year storm. 1. The swale or vegetated area can carry the peak flow from the Y or N 10-year storm at a non -erosive velocity. 2. The longitudinal slope of the swale or vegetated areas does not Y or N exceed 5%. 3. The swale has a trapezoidal cross-section and a minimum bottom Y or N width of two feet. 4. The minimum length of the swale or vegetated area is 100 feet. I Y or N 5. Side slopes are no steeper than 3H:1V. I Y or N 6. The project utilizes treatment swales designed per Section .1061 Y or N in lieu of the curb outlet system requirements. 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. I Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y or N located in the setback. 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: • Publicly -funded linear projects (road, greenway, or sidewalk) Y or N • Water dependent structures • Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 6. The amount of BUA within the setback is minimized, and Y or N channeling of the runoff from the BUA has been avoided. NCDEQ 2/9/2018 Project Name: Gretchen Pines Subdivision Phase 3 Permit #: SW6210604 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. 1. Stormwater outlets do not cause erosion downslope of the Y or N discharge point during the peak flow from the 10-year storm. 1. The project has variations from the MDC that were not previously Y or N approved. (Modification may be required.) 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. I Y or N 3. The layout of the lots and streets is consistent with the approved Y or N plan. 4. The width / radius of streets, paved accesses, cul-de-sacs and Y or N sidewalks is consistent with the approved plan. 5. No piping, other than those minimum amounts needed under a Y or N driveway or under a road, has been added. 6. The lot grading, road grading, vegetated conveyances, piping, Y or N inverts, and elevations are consistent with the approved plans. Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E." Attach additional pages as needed. NCDEQ 2/9/2018 µE%T Or � United States Department of the Interior 69 FISH AND WILDLIFE SERVICE 4�CH77► Sandhills Sub Officc Past Office Sax 119 Southern Pines, N_ C. 28388 August 10, 2020 Johnny Harris 4291 Dowd Road Carthage, NC 28327 Re: 201 +/- acres undeveloped land along Gretchen Road (LRK: 20190017), West End, Moore County, North Carolina Dear Mr. Harris: This is in response to your request for an assessment of any potential impacts to red -cockaded woodpeckers (Picoides borealis Dryobates borealis) associated with the development of the subject property. The U.S. Fish and Wildlife Service (Service) offers the following comments in support of Section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (Act) and the Service's Private Lands Guidelines found in Appendix 5 of the Service's Recovery plan for the red -cockaded woodpecker (Picoides borealis): second revision (U.S. Fish and Wildlife Service 2003). A site visit was conducted by staff of Dr. J.H. Carter III and Associates, Inc. on July 20- 21, 2020. Based upon the survey there are six (6) red -cockaded woodpecker cavity trees (93222, 93224 — 93227, 94421) associated with abandoned cluster MOOR 16 located on this property. Recovery efforts for this species are underway and may result in groups becoming reestablished in areas currently unoccupied by this species. The cumulative loss of foraging and nesting habitat caused by residential and commercial construction is one of the primary threats to the continued existence of the red -cockaded woodpecker in the Pinehurst/Southern Pines/West End area. Therefore, as plans are made to develop this property, I encourage you to minimize the removal of mature pine trees greater than 8 inches in diameter, take measures to prevent damage to the bole and root system of the remaining pine trees and to landscape with plant species native to the Sandhills ecosystem. The cavity trees located on the project site should be protected from damage and all measures should be taken to protect the integrity of their root system during any clearing or construction activities. Avoid operating heavy construction equipment within 25 feet of the cavity trees to prevent soil compaction that may damage the root system. One method which has proved successful is to construct a temporary fence around cavity trees just outside of the canopy perimeter. This fence will prevent heavy equipment from inadvertently damaging the tree bole or roots. If any of the proposed activities requires the removal of one or more of the six relic cavity trees identified within the project area that are associated with abandoned clusters MOOR 16, please contact me for approval before any cavity trees are removed. The results of this survey are valid for a period of 1 year from the date this letter was issued. However, this determination must be reconsidered if the project is subsequently modified or if new information becomes available. Please use this letter as necessary to inform all potentially affected parties of this finding. If you have any comments or questions, please don't hesitate to contact me at (910) 695-3323 ext 10. Sincerely, Susan Ladd Miller Fish and Wildlife Biologist /X' X�" X X X 0 40 80 X XXXX\ X X X A57 X% � IMPACT # 1= 1 8 SF � X X X A83 X / Q A62 8 K X X X A59 y0 X / X X 617 B2 X X Ix X X X X X X B1,8 / X X'x X / X X X B15 X X X WETLAND IMPACTS 1 - PLAN VIEW 485 485 INV OUT=479.0' 480 480 i '`-INV =480.54' 475 475 WETLAND IMPACTS 1 - CROSS SECTION EXISTING CL HARRISON LN 485 485 480 15.00" LEAR=2.22 480 475 475 470.00 470 1+50 1+00 0+50 0+00 -0+50 N V V M M M of of N V V V WETLAND IMPACTS 1 PROFILE GRETCHEN PINES - WETLAND IMPACT # 1 KEN VJ. BRIGHT ASSOCIATES, PLLC CONSULTING ENGINEERS SCALE AS -SHOWN DATE. 7-1-2021 P.O. BOX 553 SANFORD, NC 27331 (919) 776-3444 REVISIONS. < IX X.. X.. x.. x A3 � X1 X X X X X \ IMPACT 3=1,025 SF X M X X nn� QC X X �`7 X X g _4 IMPACT # 2 =4200 SF \ 472 < X X X X X X 4x 4 — \ X < X X X X X 91 X X4 X X X X X X X < X— 23�x X 31 B 12 \ x x x < 22 > 2 X X X 464 _ 2 � X X X X \ X X ( � x 9Gx2'�Lk27' CLASS 1 -S x x V x < PR0O RCP B X X ape X I X `^�� X 1 /\ � \ 4j� \ I X X �X X X X: \ < �6 40 80 X X\ X X X n < X x X / X X X X I X ,,,� 0 B x T v I I WETLAND IMPACTS 2 & 3 - PLAN VIEW 4 465 465 2: 0 6" VVAI ER UP .30' INV IN=46 460 460 INV OUT=458.66' 6 WRCP_6 _ ' CLASS 1 STONE HOR SCALE: 40 9'x241x3 VERT SCALE: 4 2 WETLAND IMPACTS 2 & 3 - CROSS SECTION ' EX16I (iK JUND UL 470 PROP FINISH RD CL 465 PROP 20' CLASS 50 DFI WATER 460 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5- 455 O c' f I� (D n O U? (D 'i r 6 M 4 M N N OR � M r- M d' (D O (D 00 (D d' d' d' 1D (D (D 1` (D 00 CC d' d' d' d V WETLAND IMPACTS 2&3 PROFILE GRETCHEN PINES - WETLAND IMPACT # 2 & 3 KEN W. BRIGHT ASSOCIATES, PLLC SCALEAS-SHOWN CONSULTING ENGINEERS DATE. 7-1-2021 P.D. BOX 553 SANFORD, NC 27331 REVISIONS. (919) 776-3444