SW3170802_Permit_20171016

State Stormwater Permit
Permit No. SW3170802
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE STORMWATER MANAGEMENT PERMIT
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
JBH Development, LLC
Weddington Road Subdivision
Union County
FOR THE
Construction, operation and maintenance of the Stormwater Control Measures (SCMs) in
compliance with the provisions of 15A NCAC 02H .1000, 15A NCAC 02B .0602 and 15A NCAC
02B .0605 (hereafter referred to as the "stormwater rules") and the approved stormwater
management plans, specifications and other supporting data as on file with and approved by the
State and considered a part of this permit.
This permit shall be effective from the date of issuance until October 16, 2025, 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 SCMs are 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 within 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 SCM.
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
1. The SCM shall be constructed in accordance with the approved plans, specifications and
other supporting data as well as the conditions of this permit.
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State Stormwater Permit
Permit No. SW3170802
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system shall be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
assure every SCM functions at optimum efficiency. The approved Operation and
Maintenance Plan shall be followed in its entirety and maintenance must occur at the
scheduled intervals, including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and re -vegetation of slopes, and removal of trees on the side slopes and
embankments.
d. Immediate repair of any eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, filter media,
underdrains, catch basins and piping.
g. Access to the SCMs and outlet structures shall be available at all times.
4. Records of maintenance activities shall be kept for the SCMs. The reports will indicate
the date, activity, name of the person performing the work and what actions were taken.
The owner shall keep maintenance records and these shall be available upon request by
the party responsible for enforcing the stormwater program under which the SCMs were
approved.
5. 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
6. Upon completion of construction, prior to the issuance of a Certificate of Occupancy, and
prior to the operation of this permitted facility, a certification shall 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 permit modification application may be required for these deviations.
7. SCMS impacted by sediment and erosion during the construction phase shall be
cleaned out and converted to their design state.
8. The permittee shall submit to the Director and 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 the drainage
area.
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State Stormwater Permit
Permit No. SW3170802
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 the
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping of any vegetated 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 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.
11. All SCMs and associated maintenance accesses on privately owned land shall be
located in permanent recorded easements. The SCM shall be shown and labeled within
the easement. These easements shall be granted in favor of DEQ. SCMs must have
access and maintenance easements to provide the legal authority for inspections,
maintenance personnel and equipment. The footprint of the SCM system must be
included in the access and maintenance easement, plus an addition ten or more feet
around the SCM to provide enough room to complete maintenance tasks. This SCM
system includes the side slopes, forebay, riser structure, SCM, outlet, embankment and
emergency spillway.
12. The O&M Agreement shall be referenced on the final plan 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 Agreements 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 transferrable except after notice to and approval by the Director. In the
event of a change of ownership or a name change, the permittee shall submit a
completed Name/Ownership change form with all required items.
2. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the State, in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
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 immediate corrective action, including those as
may be required by this Division, such as the construction of additional or replacement
SCMs.
6. The permittee grants DEQ staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the stormwater management
facility.
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State Stormwater Permit
Permit No. SW3170802
7. The permit shall continue in force and effect until revoked or terminated. The permit
may be modified, revoked and reissued or terminated for cause. The filing of a request
for a permit modification, revocation and re -issuance or termination does not stay any
permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Sediment Control Planning
and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this 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, 15A NCAC 02H .1000
and NCGS 143-215.1 et al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address change at least 30 days prior to making such changes.
12. The permittee shall submit a renewal request with all required forms and documentation
at least 180 days prior to the expiration date of this permit.
Permit issued on the 16t" day of October, 2017.
Original signed by Annette Lucas
for Tracy E. Davis, PE, CPM
Director, Division of Energy, Mineral and Land Resources
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