HomeMy WebLinkAboutSW6140202_Permit Renewal_20220720ROY COOPER
Governor
ELIZABETHS. BISER
Secretary
BRIAN WRENN
Director
Breezewood of Fayetteville, LLC
Attn: D. Ralph Huff, III, Member
2919 Breezewood Avenue, Suite 100
Fayetteville, NC 28303
NORTH CAROLINA
Environmental Quality
July 20, 2022
SUBJECT: Permit Renewal
Post -Construction Stormwater Management Permit SW6140202
Bedford - Section One
High Density Subdivision
Hoke County
Dear Mr. Huff:
The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a
complete State Stormwater: Permit Renewal Application Form for Bedford - Section One on June 23, 2022. We
are hereby notifying you that permit SW6140202 has been renewed on July 20, 2022 and shall be effective until
March 5, 2030. For your records, please find enclosed a renewed, updated, and reissued permit. Please keep this
permit on file at all times. Please note that the renewed,updated, and reissued 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 reissuance of this stormwater permit does not imply that the site is currently in compliance with
the terms and conditions of this stormwater permit. The plans originally approved on March 6, 2014 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 in 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
Fayetteville Regional Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
NOIi"�CAVIQ�LINA lk"Hmrnta/Emlmnm¢nWl(Walf910.433.3300
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: D. Ralph Huff, I11, Member — Breezewood of Fayetteville, LLC
Cynthia M. Smith — Moorman, Kizer & Reitzel, Inc.
Jackie Lowery, Zoning Clerk — Hoke County Planning/Zoning
DEMLR Stormwater Permit Laserfiche File
cc: FRO — DEMLR, Post -Construction Stormwater Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION
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
Breezewood of Fayetteville, LLC
for
Bedford - Section One
7951 Fayetteville Road, Raeford, NC
Hoke 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 March 5, 2030 and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
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.
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 from
all perennial and intermittent surface waters.
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as
swales) shown on the approved plans as part of the stormwater management system without
submitting a revision to the permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot,
including driveways and sidewalks, does not exceed the maximum 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.
3. If an Architectural Review Board or Committee is set up to review plans for compliance with the
BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by
the Board do not relieve the homeowner of the responsibility to maintain compliance with the
permitted BUA limit.
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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, 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 plan.
5. The Director may determine that other revisions to the project should require a modification to
the permit.
6. 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
9. 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.
10. 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.
11. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
12. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the
date of recording the plat, and prior to selling lots. The recorded copy must contain all of the
statements above, the signature of the Permittee, the deed book number and page, and the
stamp/signature of the Register of Deeds.
13. Decorative spray fountains will be allowed in the stormwater treatment system if documentation
is provided demonstrating that the proposed fountains will not cause resuspension of sediment
within the. pond or cause erosion of the pond side slopes.
14. The permittee shall at all times provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function 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. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
15. Records of maintenance activities must be kept 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.
16. The permittee shall submit 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.
17. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
18. Built upon area includes, but is not limited to, structures, asphalt, concrete, brick, stone, slate,
coquina, and parking areas, but does not include raised, open wood decking, . or the water
surface of swimming pools.
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. Prior to transfer of the permit, the stormwater facilities will be inspected by
Division personnel. The facility must be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer. Records of
maintenance activities performed to date will be required. The approval of a transfer 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 Director 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 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. 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.
7. 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.
8. 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 changes to the project
name, permittee name, and/or contact information.
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. 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, updated, and reissued this the 201h day of July 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Brian renn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Post -Construction Stormwater Management Permit SW6140202
Bedford - Section One Page 1 of 2
Post -Construction Stormwater Management Permit SW6140202
Cumberland County
Designer's Certification
I, , 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 are a part of this Certification.
Noted deviations from approved plans and specifications:
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 outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
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/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
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