HomeMy WebLinkAboutSW8040130_CURRENT PERMIT_20220914STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 (7�I ��✓
DOC TYPE
® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
q L`
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRIAN WRENN
Director
September 14, 2022
C.W. and Carol Properties, L.L.C.
Attn: Alesia Carol Hamilton, Member
487 Lockwood Folly Road, SE
Bolivia, NC 28422
'NORTH CAROLINA
Environmental Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 040130
Angler's Marine, Inc
Brunswick County
Dear Ms. Hamilton:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on August 22, 2022. The Division is hereby notifying you that permit SW8040130 has been
renewed, updated, and re -issued on September 14, 2022, as attached. As requested, a copy of the current
operation and maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this
stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until May 7, 2026 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
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 concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov.
Sincerely,
CA-4 �`0
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C— Permitting History
copy of the Renewal Application Documents
Copy of the current operation and maintenance agreement
DES/ams: \\\Stormwater\Permits & Projects\2004\040130 HD\2022 09 permit 040130
cc: Wilmington Regional Office Stormwater File
®E&�,� North Carolina Department of Environmental Quality i Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
Post -Construction Stormwater Management
Permit No. SW8 040130
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
C. W. and Carol Properties, LLC
Anglers Marine, Inc.
842 Ocean Highway W (US 17), Supply, Brunswick County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the
"stormwater rules') as outlined in the application, approved stormwater management plans,
supplement, calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until May 7, 2026 and shall be subject to the
following specified conditions and limitations. 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 condition. 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.
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. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.7 of this permit. The runoff from all built -upon area within the permitted
drainage area(s) of this project must be directed into the permitted stormwater control
measure(s). The stormwater control measure has been designed to handle the runoff from
171,073 square feet of impervious area.
3. The maximum built -upon area allowed for the entire project is 171,073 square feet.
The drainage area(s) will be limited to the amount(s) of built -upon area indicated in Sections
1.7 of this permit, and per approved plans.
Page 1 of 5
Post -Construction Stormwater Management
Permit No. SW8 040130
5. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the
top of bank of both sides of streams and rivers and the mean high water line of tidal waters.
All runoff being directed into wetlands shall flow into and through those wetlands at a non -
erosive velocity.
The following design criteria have been permitted for the wet detention pond and it must be
provided and maintained at the design condition:
Pond 1
a.
Drainage Area, acres:
Onsite, ftz:
Offsite, ftz:
3.96
172,352
0
b.
Total Impervious Surfaces, ftz:
Onsite, ftz:
Offsite, ftz:
171,073
171,073
0
c.
Average Pond Design Depth, feet:
5
d.
TSS Removal Efficiency:
90
e.
Design Storm, inches:
1" & 1. 5"
f.
Permanent Pool PP Elevation, FMSL:
31.0
g.
Permitted PP Surface Area, ftz:
13,838
h.
Temporary Storage Elevation, FMSL:
32.05
i.
Permitted Storage Volume, ft3:
15,538
Predevelo ment 1 r-24 hr. discharge rate, cfs:
5.11
k.
Controlling Orifice, inch 0 e:
2.0"
I.
Orifice Flow Rate, cfs:
0.06
m.
PP Volume, ft3:
42,184
n.
Forebay Volume, ft3:
8,980
o.
Maximum Fountain Horsepower:
1/6
p.
Receiving Stream/River Basin:
Doe Creek / Lumber
q.
Stream Index Number:
15-25-1-13
r.
Classification of Water Body:
C, Sw; HQW
II. SCHEDULE OF COMPLIANCE
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. If the stormwater system is 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.
3. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at design condition. The
approved Operation and Maintenance Agreement is incorporated by reference into this permit
and must be followed in its entirety and maintenance must occur at the scheduled intervals.
Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
Page 2 of 5
Post -Construction Stormwater Management
Permit No. SW8 040130
5. 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 1/6 horsepower.
6. 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.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, 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.
8. All stormwater collection and treatment systems must be located in either public rights -of -way,
dedicated common areas or recorded easements. The final plats for the project will be
recorded showing all such rights -of -way, common areas and easements, in accordance with
the approved plans. Access to the stormwater facilities for inspection and maintenance shall
be maintained via appropriate recorded easements at all times.
9. 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.
10. 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.
Page 3 of 5
Post -Construction Stormwater Management
Permit No. SW8 040130
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. 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.
2. PERMIT RENEWAL. 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).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased,
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. 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. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
Page 4 of 5
Post -Construction Stormwater Management
Permit No. SW8 040130
C. ENFORCEMENT. 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.
ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. 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.
Permit renewed, updated and reissued this the 14th day of September 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
CAA
. Brian Wrenn, 6relctor
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 040130
Page 5 of 5
Attachment C - Permitting History
Angler's Marine Inc.
Permit No. SW8 040130
Approval
Permit
BIMS
Description of the Changes
Date
Action
Version
Original
construction, operation and maintenance of a wet detention
5/7/2004
Approval
1.0
pond in compliance with the provisions of 15A NCAC 2H .1000
11/4/2013
Transfer
Ll
from Pike Electric, Inc. to CW and Carol Properties, Inc.
construction, operation and maintenance of one (1) wet
detention pond in compliance with the provisions of 15A
NCAC 2H A 000 and Session Law 2008-21 1 ; Built -upon area
2/2/2017
Modificaiton
1.2
(BUA) was added and revised for this project. The pond design
was changed to handle the additional BUA, and the
calculations, supplements, O&M Agreement, and plans were
revised to reflect current conditions.
9/14/2022
Renewal
2.0
Expires May 7, 2026