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HomeMy WebLinkAboutSW6130703_Permit Transfer_20211228ROY`COOPER Governor ELIZABETH; S. BISER Secretary BRIAN WRENN Director Peartree West Owners Association c/o Southeastern HOA Management, LLC Attn: Radford Brown, Manager 2557 Ravenhill Drive, Suite 1C Fayetteville, NC 28303 NORTH CAROLINA Environmental Quality December 28, 2021 Subject: Permit Transfer State Stormwater Management Permit SW6130703 Peartree West Subdivision (formerly Camden Glen Subdivision) High Density Residential Development Cumberland County Dear Mr. Brown: 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 SW6130703, which was originally issued to Camden Glen Development, LLC on August 13, 2013 and subsequently renewed on September 14, 2021 for the subject project. Additional information/documentation related to the transfer application was received by our office on December 8, 2021. DEMLR staff inspected the project on December 14, 2021, determined that the documentation is in order, and that the project is compliant with the terms and conditions of the permit and associated stormwater management plans. As indicated on the Permit Transfer Application Form, you have acknowledged receipt of a copy of the permit, a copy of the certifications, a copy of the recorded documents, a copy of the approved plans or as -built plans, a copy of the approved operation and maintenance agreement from the previous permittee, a copy of the past maintenance records, and a copy of the latest inspection report. By acknowledging receipt of the permit, and by signing the Permit 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 December 28, 2021 and reminding you that this permit shall be effective until August 13, 2029. A copy of the transferred and updated permit is enclosed. Please note that this transferred, updated, 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 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. _ �b7T,- North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office ( 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 NO,A,,,U im"o—eolE.A--m m/^'� 910.433,3300 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, 40rrian Wrenn, Director Division of Energy, Mineral and Land Resources ec: Radford Brown, Manager — Peartree West Owners Association, Southeastern HOA Management, LLC Harold Kidd, Manager — Camden Glen Development, LLC Jimmy Kizer, PE — Moorman, Kizer & Reitzel, Inc. Cynthia M. Smith — Moorman, Kizer & Reitzel, Inca DEMLR Stormwater Permit Laserfiche File 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 Peartree West Owners Association for Peartree West Subdivision (formerly Camden Glen Subdivision) Camden Road, Fayetteville, 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 13, 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 SCMs have been approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. The SCMs have been designed to handle the runoff from 824,155 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area as indicated in the application documents and as shown on the approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon areas within the permitted drainage areas of this project must be directed into the permitted SCMs. 6. 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 outlet structure, orifice device, flow spreader, catch basins, piping, and vegetated filter. g. A clear access path to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept for each permitted SCM and made available to Division staff upon request. 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 SCMs 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 maybe 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 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 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 its merits and 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 SCMs 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 change to the project name, permittee name, and/or contact information. 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 transferred and reissued this the 28th day of December 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for ian Wrenn, Direc or Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission State Stormwater Management Permit SW6130703