HomeMy WebLinkAboutSW6121104_Permit Renewal_20210823ROY'COOPER
Governor
ELIZABETH S.BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
August 23, 2021
Par 5 Development Group, LLC
Attn: R. Lee Pittman, Member/Manager
2075 Juniper Lake Road
West End, NC 27376
Subject: Permit Renewal
State Stormwater Management Permit SW6121104
Dollar General Store — Chicken Foot Road
High Density Commercial Infiltration Basin Project
Cumberland County
Dear Mr. Pittman:
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 Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a
State Stormwater: Permit Renewal Application Form for Dollar General Store — Chicken Foot Road on August 9,
2021. We are hereby notifying you that permit SW6121104 has been renewed on August 23, 2021 and shall be
effective until August 23, 2029. For your records, please find enclosed a renewed, updated, and reissued permit.
As requested, a copy of the current Operation and Maintenance Agreement is also enclosed. 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 permit terms to provide you with a better understanding of
your obligations under the permit.
The renewal and re -issuance 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 November 28, 2012 will
remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H .1000 and
Session Law 2006-246.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding Operation and Maintenance of the Stormwater Control Measures
(SCMs), 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 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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
E Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
vocirr:cuaruiw .�•.
oe�anmmta Emron910.433,3300
If you have any questions or concerns, please contact Mike Lawyer at (910) 433-3394 or via e-mail at
mike.lawyer@ncdenr.gov.
Sincerely,
for Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
ec: Jennifer Wincklhofer, Senior Project Coordinator— Rhetson Companies, Inc.
cc: FRO — DEMLR, State Stormwater Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Par 5 Development Group, LLC
for
Dollar General Store — Chicken Foot Road
901 Chicken Foot Road, Hope Mills, NC
Cumberland County
FOR THE
construction, operation, and maintenance of the Stormwater Control Measures (SCMs) in compliance
with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications and other
supporting documents as attached and/or on file with and approved by the Division of Energy, Mineral
and Land Resources and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until August 23, 2029 and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. The SCM has been approved for the management of stormwater runoff as described in the
application documents and as shown on the approved plans. The SCM has been designed to
handle the runoff from 30,633 square feet of impervious area.
3. The SCM is designed, and must be maintained, to capture and infiltrate the 10-yr, 24-hr storm
event in lieu of providing a vegetated filter strip and bypass.
4. The tract will be limited to the amount of built -upon area as described in the application
documents and as shown on the approved plans.
5. 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.
6. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted SCM.
7. The built -upon areas associated with this project shall be located at least 30 feet landward of all
perennial and intermittent surface waters.
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semi-annual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation'of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader,
catch basins, piping, and vegetated filter.
g. A clear access path to the bypass structure must be available at all times.
4. Records of maintenance activities must be kept for each permitted SCM. The reports will
indicate the date, activity, name of person performing the work and what actions were taken.
5. The permittee shall submit to the Division an annual summary report of the maintenance and
inspection records for each SCM. The report shall summarize the inspection dates, results of
the inspections, and the maintenance work performed at each inspection.
6. The SCM shall be constructed in accordance with the approved plans and specifications, the
conditions of this permit, and with other supporting data.
7. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate designer
for the system installed certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting documentation. Any
deviations from the approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
9. Access to the stormwater facilities shall be maintained via appropriate easements at all times.
10. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved plans,
including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project area. The
project area is defined as all property owned by the permittee, for which Sedimentation
and Erosion Control Plan approval or a CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plans.
11. The permittee shall submit final site layout and grading plans for any permitted future areas
shown on the approved plans, prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by the permittee for
a minimum of eight years from the date of the completion of construction.
13. 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 timeframe 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
This permit is not transferable to any person or entity except after notice to and approval by the
Director. In the event of a change in ownership, the appropriate form must be completed and
submitted to the Division of Energy, Mineral and Land Resources accompanied by any
applicable fee, documentation from both parties involved and other supporting materials as may
be appropriate. The project must be in good standing with the Division of Energy, Mineral and
Land Resources. The approval of this request -will be considered on itsmeritsand may or may
not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions of this permit
until such time as the Division approves a request to formally transfer the permit. Neither the
sale of the project area in whole or in part, nor the conveyance of common area to a third party,
constitutes an approved permit transfer.
3. Any individual or entity found to be in non-compliance with the provisions of this stormwater
management permit or the requirements of the Stormwater rules is subject to enforcement
procedures as set forth in NCGS 143, Article 21.
4. 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.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement stormwater
management systems.
6. Permittee grants permission to Division staff to access the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater management
system.
7. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do not
stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the SCM must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design
Manual
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
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 02H .1000, and NCGS
143-215.1 et. al.
11. The permittee shall submit a completed "Permit Information Update Application Form" (available
on the Division website) to the Division within 30 days of making any one or more of the
following changes:
a. A name change of the current permittee.
b. A name change of the project.
C. A mailing address change of the permittee.
12. A permit renewal request must be submitted 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 as outlined in Title 15A NCAC 02H .1045(3).
Permit renewed and reissued this the 23rd day of August 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fo an Wrenn, Dire4tor
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
State Stormwater Management Permit SW6121104
Dollar General Store — Chicken Foot Road
Stormwater Management Permit SW121104
Cumberland County
Designer's Certification
Page 1 of 2
1, , as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the
project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains to
the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The overflow structure weir elevation is per the approved plan.
6. The overflow structure is located per the approved plans.
7. The forebay is constructed per the approved plans.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and volume have been provided..
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
Please submit this Designer's Certification to: NCDEQ Fayetteville Regional Office
Division of Energy, Mineral and Land Resources
225 Green Street, Suite 714
Fayetteville, NC 28301
Permit Number: SW 61Z I lob
(to be provided by DWQ)
Drainage Area Number: I
Infiltration Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
- The drainage area will be carefully managed to reduce the sediment load to the
infiltration basin.
- Immediately after the infiltration basin is established, the vegetation will be
watered twice weekly if needed until the plants become established (commonly
six weeks).
- No portion of the infiltration basin will be fertilized after the initial fertilization
that is required to establish the vegetation.
- The vegetation in and around the basin will be maintained at a height of
approximately six inches.
...After the infiltration basin is established, it will be inspected once a quarter and within -
24 hours after every storm event greater than 1.0 incl'ies (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potential problem:
How I will remediate the problem:
The entire BMP
Trash/ debris is present.
Remove the trash/ debris.
The perimeter of the
infiltration basin
Areas of bare soil and/or
erosive gullies have formed.
Regrade the soil if necessary to
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe or
swale
The pipe is clogged (if
applicable).
Unclog the pipe. Dispose of the
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the
Regrade the swale if necessary to
swale (if applicable).
smooth it over and provide erosion
control devices such as reinforced
turf matting or ripr a to avoid
t.
TTems;wi etosio.
NOV 2 b LUi2
WATER QUALITY
amnnh
Form SW401-Infiltration Basin O&M-Rev.3
Page 1 of 3
m
BMP element:
Potential problem:
How I will remediate the problem:
The forebay
Sediment has accumulated
and reduced the depth to 75%
of the original design depth.
Search for the source of the
sediment and remedy the problem if
possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred or
Provide additional erosion
riprap is displaced.
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticides are used, wipe
them on the plants rather than
spraying.
The main treatment area
A visible layer of sediment
has accumulated.
Search for the source of the
sediment and remedy the problem if
possible. Remove the sediment and
dispose of it in a location where it
will•notcause impacts to streams or
the BMP. Replace any media that
was removed in the process.
Revegetate disturbed areas
immediately..
Water is standing more than
Replace the top few inches of filter
5 days after a storm event.
media and see if this corrects the
standing water problem. If so,
revegetate immediately. If not,
consult an appropriate professional
for a more extensive repair.
Weeds and noxious plants are
Remove the plants by hand or by
growing in the main
wiping them with pesticide (do not
treatment area.
spray).
The embankment
Shrubs or trees have started
Remove shrubs or trees
to grow on the embankment.
immediately.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair.
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
damage have occurred at the
Contact the NC Division of Water
Quality 401 Oversight Unit at 919-
outlet.
733-1786.
Form SW40 1 -Infiltration Basin O&M-Rev.3
Page 2 of 3
. s.
Permit Number: SW Q Zt lO A9&
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible parry.
Project name:Dollar General Store - Chicken Foot Road
BMP drainage area number:
Print name:R. Lee Pittman
Title:Member Manager (Par 5 Development Group LLC)
Address:2860-B NC 5 Highway• Aberdeen NC 28315
Signat
Date: / /z� 5"
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
a Notary Public for the State of
A)an& County of y "w a l , do hereby certify that
_R___L U .2 Att7A� personally appeared before me this OifL
day of , o_)D/�- , and acknowledge the due execution of the
forgoing infiltration basin maintenance requirements. Witness my hand and official seal,
\\`\\` 9\� ,\A I T iS1Cy//11'
Notary Public
Moore County
=My Com�Jsslnies`
2 �Q`
/0?I N C AR O'\' \\\"�\\�:
SEAL
My commission expires 19
Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3