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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