HomeMy WebLinkAboutSW6180604_Permit Transfer_20210913ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
September 13, 2021
Wedgefield Owners Association
Attn: R. Carroll Thomas, President
PO Box 43036
Fayetteville, NC 28309
Subject: Permit Transfer
State Stormwater Management Permit SW6180604
Wedgefield Phase IV Subdivision
High Density Residential Development
Hoke County
Dear Mr. Thomas:
On August 16, 2021, the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) received a State Stormwater: Permit Transfer Application Form to transfer ownership of State
Stormwater Management Permit SW6180604, which was originally issued to Thomas Family Business, Inc.
on August 7, 2018 for the subject project. DEMLR staff inspected the project on August 20, 2021,
determined that the documentation is in order, and that the project is compliant with the terms and
conditions of the permit and approved stormwater management plans.
By signing the transfer application form, you have accepted the responsibility for complying with the terms
and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been
transferred on September 13, 2021 and reminding you that this permit shall be effective until August 7,
2026. The transferred and re -issued permit is enclosed. Please note that this transferred and re -issued
permit does not impose new or different terms; it merely restates and clarifies some of the previous terms
to provide you with a better understanding of your obligations under the permit.
Please be aware that the project's built -upon area and stormwater controls must be built and maintained in
compliance with the permit documents and the approved plans. Maintenance of the approved system shall
be performed in accordance with the signed and approved Operation and Maintenance Agreement as
incorporated into the recorded deed restrictions. Any modifications to this project must be submitted to
DEMLR and approved prior to construction. The issuance of this approval does not preclude you 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 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 160B of the North Carolina General Statutes and must be filed
with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions
regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service
Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.NCOAH.com. Unless such demands are made, this permit shall be final and binding.
E.....—. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Q�;// Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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Dgculmpntat BrcNronmertWl Uuzlary 910.4333300
If you have any questions, 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: Radford Brown, Manager — Southeastern HOA Management, LLC
R. Carroll Thomas, President — Thomas Family Business, Inc.
Diane Loes — Thomas Family Business, 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
Wedgefield Owners Association
for
Wedgefield Phase IV Subdivision
Hoke County
FOR THE
construction, operation and maintenance of the Stormwater Control Measures (SCM) 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, specifications and other
supporting data as attached and/or on file with and approved by the Division of Energy, Mineral and
Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until August 7, 2026 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 is approved for the management of stormwater runoff as described in the application
documents and as shown on the approved plans.
3. All stormwater collection and treatment systems must be located 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.
4. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
5. The built -upon areas associated with this project shall be located at least 30 feet landward of all
perennial and intermittent surface waters.
II. SCHEDULE OF COMPLIANCE
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted SCM functions at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled intervals including,
but not limited to:
a. Semi-annual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of all drainage structures, level spreader, filter media,
planting media, underdrains, catch basins and piping.
g. Access to the cell and outlet structure must be available at all times.
3. Records of maintenance activities must be kept for the SCM and made available upon request
to authorized personnel of the Division of Energy, Mineral and Land Resources. The records will
indicate the date, activity, name of person performing the work and what actions were taken.
4. The permittee shall submit an annual summary report of the maintenance and inspection
records for the SCM. The report shall summarize the inspection dates, results of the inspections,
and the maintenance work performed at each inspection.
5. The SCM shall be constructed in accordance with the approved plans and specifications, the
conditions of this permit, and with other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate designer
for the SCM certifying that it has been installed in accordance with this permit, the approved
plans and specifications, and other supporting documentation. Any deviations from the approved
plans and specifications must be noted on the Certification. A modification may be required for
those deviations.
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. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved plans,
including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project
area is defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
9. 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.
10. 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.
11. Plats for residential lots that contain SCMs shall include: the specific location of the SCM on the
lot; a typical detail for the SCM to be used; and a note that the SCM on the property has been
required to meet stormwater regulations and that the property owner may be subject to
enforcement procedures as set forth in NCGS 143, Article 21 if the SCM is removed, relocated,
or altered without prior approval.
12. All SCMs and associated maintenance accesses on privately owned land except for those
located onsingle family residential lots shall be located in permanent recorded easements. The
SCMs shall be shown and labeled within the easement. These easements shall be granted in
favor of the party responsible for enforcing the stormwater program under which the SCMs were
approved. SCMs must have access and maintenance easements to provide the legal authority
for inspections, maintenance personnel and equipment. The entire footprint of the SCM system
must be included in the access and maintenance easement, plus an additional ten or more feet
around the SCM to provide enough room to complete maintenance tasks. The SCM system
includes the side slopes, forebay, riser structure, SCM device, outlet structure, dam
embankment and emergency spillway.
13. The Operation & Maintenance (O&M) Agreement shall be referenced on the final plat and shall
be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the O&M Agreement shall be recorded with the County Register of
Deeds so as to appear in the chain of title of all subsequent purchasers.
III. GENERAL CONDITIONS
1. 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 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. The approval of this request will be considered on its merits and may
or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves a request to 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 noncompliance 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 federal) having 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. The permittee grants Division staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater management
facility.
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.conditions.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must
follow the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
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 2H .1000, and NCGS 143-
215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing address
changes at least 30 days prior to making such changes.
12. The permittee shall submit a permit renewal application with all required forms, documentation,
and processing fee at least 180 days prior to the expiration date of this permit.
Permit transferred and re -issued this the 13th day of September 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
forl3ian Wrenn, Dire or
Division of Energy, Mineral and Land Resources
by Authority of the Environmental Management Commission
State Stormwater Management Permit SW6180604