SW8080513_Final Permit_20211004

October 4, 2021
Excel Queens Creek Properties, LLC
Attn: John Z. Everhart, Managing Member
165 Vision Drive
Wilmington, NC 28403
Subject: Permit Renewal
State Stormwater Management Permit No. SW8 080513
Excel Queens Creek Properties
Onslow County
Dear Mr. Everhart:
The Wilmington Regional Office received a complete 8-year Stormwater Management Permit Renewal
Application for the subject project on September 29, 2021. The Division is hereby notifying you that permit
SW8 080513 has been renewed on October 4, 2021 and shall be effective until December 30, 2029. For your
records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application.
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 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 state stormwater permit. The plans originally approved on July 15, 2008,
and most recently transferred on June 4, 2014, will remain in full force and effect in accordance with the
regulations set forth in Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), 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 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.
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith
in the Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
,= Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
Renewal Application Documents
DES/ams: \\\Stormwater\Permits & Projects\2008\080513 HD\2021 10 permit 080513
cc: NCDEQ-DEMLR Wilmington Regional Office

State Stormwater Management Systems
Permit No. SW8 080513
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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
Excel Queens Creek Properties, LLC
Excel Queens Creek Properties
NC SR 1509, Queens Creek Road, Swansboro, Onslow County
FOR THE
construction, operation and maintenance of one wet detention pond 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 data as
attached and 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 December 30, 2029, 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. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.8 on page 2 of this permit. The stormwater control has been designed to
handle the runoff from 141,789 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated in Section 1.8 on page 2 of
this permit, and per approved plans. The built -upon area for the future development is limited
to 57,291 square feet.
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 area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
6. The built -upon areas associated with this project shall be located at least 30 feet landward of
all perennial and intermittent surface waters.
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State Stormwater Management Systems
Permit No. SW8 080513
The wet pond must be operated with a 50 foot vegetated filter strip since the project is within
mile of SA waters.
The following design criteria have been provided in the wet detention pond and must be
maintained at design condition:
a
0
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
Total Impervious Surfaces, ft2:
Onsite, ft2:
Offsite, ft2:
Design Storm, inches:
Average Design Pond Depth, feet:
TSS removal efficiency:
Permanent Pool Elevation, FMSL:
Permanent Pool Surface Area, ft2:
Permitted Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Predevelopment 1 year 24 hour, cfs:
Post development 1 year 24 hour, cfs
Controlling Orifice:
Permitted Forebay Volume, ft3:
Fountain Horsepower, HP
Receiving Stream/River Basin:
Stream Index Number:
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
6.97
303,264
none
141,789
141,789
none
3.65 inches for the 1-yr, 24-hr storm
4.21
90%
34
12,177
48,158
36.75
0.2
0.5
2" O pipe
9,940
1/8
UT to Queen Creek / White Oak
19-41-16
"SA;HQW / SR" within '/z mile
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 time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition. 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:
4
5
5
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated 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 outlet structure, orifice device, level spreader, filter
strip, catch basins and piping.
g. Access to the outlet structure must be available at all times.
Records of maintenance activities must be kept for each permitted BMP. The records will
indicate the date, activity, name of person performing the work and what actions were taken.
The permittee shall submit to the Division an annual summary report of the maintenance
inspection records for each BMP. The report shall summarize the inspection dates, results of
the inspections, and the maintenance work performed at each inspection.
Access to the stormwater facilities shall be maintained via appropriate easements at all times.
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State Stormwater Management Systems
Permit No. SW8 080513
7. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in this pond is 1/8 horsepower.
8. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
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. A modification may be required for those deviations.
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. 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.
12. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
g. Other modifications as determined by the Director.
13. Prior to transfer of the permit, a file review and site inspection will be conducted by Division
personnel to ensure the permit conditions have been met and that the project and the on -site
stormwater system complies with the permit conditions. Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
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State Stormwater Management Systems
Permit No. SW8 080513
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
2. The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction. Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to
enforcement procedures pursuant to NCGS 143-215.6.
3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective
actions. This includes actions required by this Division and the stormwater rules such as the
construction of additional or replacement on -site stormwater systems. These additional or
replacement measures shall receive a permit from the Division prior to construction.
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
C. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
5. Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to 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;
6. The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request. Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
8. 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.
9. Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit. A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
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State Stormwater Management Systems
Permit No. SW8 080513
11. 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 for cause as allowed by the
laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
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, updated and reissued this the 4th day of October 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
T,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5