HomeMy WebLinkAboutSW6120701_Permit Renewal with Minor Mod_20230215ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
Interim Director
Margret Endrigat
11 Robins Roost
Whispering Pines, NC 28327
NORTH CAROLINA
Environmental Quality
February 15, 2023
Subject: Permit Renewal and Minor Modification
Post -Construction Stormwater Management Permit SW6120701
Whisper Creek Townhomes (formerly Comer's Creek)
High Density Constructed Wetlands Project
Moore County
Dear Mrs. Endrigat:
Effective August 1, 2013, the State Stormwater program transferred from the Division of Water Quality (DWQ) to
the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in
older stormwater permits issued prior to August 1, 2013, until they are modified. Please note that this permit will
now reference DEMLR as the Division responsible for issuance of the permit.
The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a
complete State Stormwater: Permit Renewal Application Form and Minor Modification Form for Whisper Creek
Townhomes (formerly Comer's Creek) on January 17, 2023. We are hereby notifying you that permit SW6120701
has been renewed and modified on February 15, 2023 and shall be effective until July 16, 2028. For your records,
please find enclosed a renewed, modified, updated, and reissued permit. Please keep this permit on file at all
times. Please note that the renewed, modified, 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 state stormwater permit. The plans originally approved on July 17, 2012, along
with the minor modification of eliminating drainage area 2 approved with this renewal, 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 Operation and Maintenance of the Stormwater Control Measures
(SCMs), 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. 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
4NJORT�fAAC�AARA NOgTFayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
oepan Mn1EWW—Wt.1quality 910.433.3300
If you have any questions or concerns, please contact Mike Lawyer via e-mail at mike.lawyer@ncdenr.gov.
Sincerely,
;0for Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
ec: Jarrod Hilliard, PE — Hilliard Engineering, PLLC
Bill Mullin — Dr. J.H. Carter III & Associates, Inc.
Linda Christopher, Zoning Administrator — Village of Whispering Pines
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 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
Margret Endrigat
for
Whisper Creek Townhomes (formerly Comer's Creek)
7 Robins Roost
Whispering Pines, Moore County, NC
FOR THE
construction, management, operation, and maintenance of built -upon areas (BUA) draining to one (1)
constructed wetland ("Stormwater Control Measure" or "SCM") in compliance with the provisions of 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 July 16, 2028 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 has been approved for the management of stormwater runoff as described in the
application documents and as shown on the approved plans. The SCM has been designed to
handle the runoff from 46,247 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area as described 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 area within the permitted drainage area of this project must be
directed into and through the permitted SCM at a non -erosive velocity of 2 fps or less.
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 side slopes.
d. Maintenance of the wetlands plants and replacement of dead plants.
e. Immediate repair of eroded areas.
f. Maintenance of all slopes in accordance with approved plans and specifications.
g. Debris removal and unclogging of the wetlands, outlet structure, orifice, catch basins,
and piping.
h. Access to all components of the system must be available at all times.
4. Records of maintenance activities must be kept for each permitted SCM. 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 SCM 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 may be 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
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 SCM 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 changes 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 renewed, modified, updated, and reissued this the 15th day of February 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
or Douglas R. Ansel, 4fiterim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Post -Construction Stormwater Management Permit SW6120701
DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
NC DEQ Division of Energy, Mineral and Land Resources
In accordance with 15A NCAC 2H.1045(3) the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (S84 781). ,
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION
17
1. State Stormwater Permit Number: SW6120701
2. Project name: C "'s Gfe@46 //I/`ij5der G✓�e>'G
3. Project street address: '� Igo i►1S 00S�
City`1i,)hI'S12er,'Y'1,ti ?i'rte-S; County: Moore ZIP:
4. What, if any, changes have been made to the project as permi ed? h vh llrta 1 le
car 6L1'at. -c o y- 'Z , Af'eethyl r?itQS 'ur ' { to u, �` Ilk
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy-
min era l-land-resources/energy-mineral-land-rules/stormwater-program/post-construction.
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/_post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1.
2.
3.
4.
5
A
Current Permit Holder's Company Name/Organization:
Signing Official's Name: M Gt, r
Signing Official's Title: Ow
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Mailing Address:bti�t�
City: ^101(
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Street Address: I I
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City: Li
Phone: ( Q1 D ) (Q 0/) —',!fEmail:
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7
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) orDEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M reements, Please select one:
I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded 0&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
❑ A copy of the certifications) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certifications) confirming that the project was built in accordance with the
improved plans are enclosed; or
Ek The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online., services/search/by title/ Business Registration
Stornwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PERMITTEE'S CERTIFICATION
1, may- 2Yf f Eyl de l G6L � , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agred ent on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correc complete.
�Q �^ 7
Signature: �"�'', / Date:
NOTARIZATION:
that _ z
this the 12.
execution of the
(Notary Seal)
Notary Signature:
t Ckl\ NY 1
County of
day nt
g instrument. I Hess my
My commission expires — 1D;X3
official seal,
a Notary Public for the State of
do hereby certify
personally appeared before me
20 "L7_ , and acknowledge the due
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
DEMLR USE ONLY '
Date Received
Fee Paid
Permit Number
STORMWATER PERMITTING FORM 7:
MINOR MODIFICATION
Standard Permitting Program — No Fee for Minor Modification JAN 17 2LI23
Express Permitting Program — See Express Fee Schedule e
A.I_
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.pov/contact/regional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCAC 02H .1002 a minor modification is a change to the project that:
1) does not increase the net built -upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW6120701
2. Current Permit Holder's Company Name/Organization: Margret Endrigat
3. Signing Official's Name: Margret Endrigat
4. Signing Official's Title: Owner
5. Mailing Address: 11 Robins Roost
City: Whispering Pines State: NC ZIP: 28327
6. Street Address (if different): : 11 Robins Roost
City: Whispering Pines State: NC ZIP: 28327
7. Phone: (910) 690-8025 Email: end rigatma(aDaol.com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
Drainage area 2 was eliminated as it was not necessary because the home was existing
prior to the permit being applied for.
B. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark X' if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
X 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
X 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
N/A 4. If applicable, the appropriate Express review fee.
Stormwater Permit Form 7: Minor Modification Page 1 of 2 July 14, 2017
C. CONTACT INFORMATION
1. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name:Jarrod E. Hilliard, PE, CFM
Consulting Firm: Hilliard Engineering, PLLC
Mailing Address:PO Box 249
City:Sanford State:NC Zip:27331
Phone: (919) 352-2834 Fax: ( )
Email::jhilliard(a)-hilliardengineering.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
D. CERTIFICATION OF PERMITTEE
I, Margret Endrigat the current permittee, certify that I have authorized the minor
modifications listed in Section A and shown in the attached revised plan sheets. I further attest that this information is
accurate and coU4ete to the best of my knowledge.
Signature:
Date:
I, a Notary Public for the State of 1 0�'
County of do hereby certify that rt
personally appeared before me this the 1Z- day of 2M4.4 A 20 ,and
acknowledge the due execution of the forgoing instrument. Witness my h a d official seal,
Estelle K Makle
Notary Pu iic
(Notary Seal) 4`•Jloore i o my
North C
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My commission expires a0
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6, 2017
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tormwater Management Permit WO,120 01 � � � �� �
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_iAN 17 1.023
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Ce,rtification Requirements.
I
The drainage area to the system contains approximately the permitted acreage.
1,/ 2. The drainage area to the system contains no more Than the Permitted amount of built-
Xupon area.
a 9 Ali the built -upon area associated with the projed 1,9 graded Such that the runoff dr In to
the system
4 Alt roof drains are located such That the runoff Is directed Into the system,
—LIJ6- Thewetland zone elevations are per the approved Man.
6 The wetland is located per the approved plans.
117, A trash rack Is provided on the outlet structure.
—8, All slopes arelgrassed with permanent vegetation.
Vegetated slopes are no steeper than 31
0. The inlets are located per the approved plans and do not cam of,1116
system.
__zLl 1, Thv permitted amounts of welland zone surface area and volume have been provided.
Required drawdown devices are correctly sized and located per the approved plans.
All required design depths are provided,
-""Y14. All required parts of the system are provided.
/-I'
tf Z�, The required number of wetlands plantings has been provided.
Please submit this Nsignar's dettification to: DWQ F#yettevills Regional Office
surface Water Protection
2M Green Street, Suite 714
Fayetteville, lie 28301