HomeMy WebLinkAboutSW3221203_Cover Letter & Permit_20230303 r d STATE R•
v
ROY COOPER
Governor `� v
ELIZABETH S.BISER RE EIV " •
Secretory *�vuwvm�
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
DEMLF� �ur�er Program
March 3, 2023
Nava Realty, LLC
Attention: Navin Dundigalla, Manager
1113 Sweet Shrub Ct
Waxhaw, NC 28173
Subject: State Stormwater Management Permit No. SW3221203
McCanless Village
High Density Subdivision Project
Rowan County
Dear Navin Dundigalla:
The Division received a complete, State Stormwater Management Permit Application for
the subject project on December 16, 2022. Staff review of the plans and specifications
has determined that theject, as proposed, complies with the Stormwater
pro
Regulations set forth in 5A NCAC 2H.1000 amended on January 1, 2017 (2017
Rules). We are hereby forwarding Permit No. SW3221203 dated March 3, 2023, for the
construction of the built-upon areas (BUA) and stormwater control measures associated
with.the subject project.
This permit shall be effective from the date of issuance until March 2, 2031, and the
project shall be subject to the conditions and limitations as specified therein and does
not supersede any other agency permit that may be required. 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.
This cover letter, attachments, and all documents on file with DEMLR shall be
considered part of this permit and is herein incorporated by reference.
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
1.50B 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.
E ?forth Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources
Washington Regionai Leff ice 943 Washington Square Mail ; Washington,North Carolina 27889
n«P.nmem.r a, ,i,r a,vury 252.946.6481
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143,General Statutes of North
Carolina as amended,and other applicable Laws, Rules,and Regulations promulgated and
adopted by the North Carolina Environmental Management Commission,including 15A
NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "storrriwater rules"),
PERMISSION IS HEREBY GRANTED TO
Nava Realty,LLC
McCanless Village
0 McCanless Rd,,Salisbury,NC,Rowan County
FOR THE
construction,management, operation and maintenance of built-upon area draining to a wet
pond discharging to Class C waters as outlined in the application,approved stormwater
management, supplement, calculations, operation and maintenance agreement,recorded
documents,specifications, and other su porting 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 appproved 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 March 2, 2031,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.
1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is
237,184 square feet. The runoff from all BUA within the permitted drainage areas of this
project must be directed into the permitted SCM. The BUA requirements and allocations
for this project are as follows:
North Carolina Department df Environmental Quality ; Division of Energy;Mineral and Land Resources
tr_�D.E Q�) Washington Regional Office 943 Washington Square Mail I Washington,North Carolina 27889
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b. OPERATION AND MAINTENANCE AGREEMENT. The operation and
maintenance agreement must be recorded with the Office of the Register of Deeds.
c. FINAL PLATS. The final recorded plats-must reference the operation and maintenance
agreement and must also show all public rights-of-way,dedicated common areas,
and/or permanent drainage easements, in accordance with the approved plans.
d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed
restrictions and protective covenants must include, at a minimum,the following
statements related to stormwater management:
i. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number S W3221203,as issued by the
Division of Energy, Mineral and Land Resources (the"Division")under 15A
NCAC 02H.1000, effective January 1, 2017.
ii. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
iii. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
iv. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the Division.
V. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
vi. The maximum built-upon area(BUA)per lot is shown in Attachment"A".
This allotted amount includes any BUA constructed within the lot property
boundaries,and that portion of the right-of-way between the front lot line and
the edge of the pavement not shown on the approved plans. BUA has the same
meaning as G.S. 143-214.7, as amended.
vii. The maximum allowable BUA shall not be exceeded on any lot until the
permit is modified to ensure compliance with the stormwater rules,permit,
and the approved plans and specifications.
viii. All runoff from the BUA on the lot must drain into the permitted system. This
may be accomplished via grading, a stormwater collection system and/or a
veggetated conveyance.
ix. A 30-foot-wide vegetative setback must be provided and maintained adJ'acent
to all surface waters in accordance with 15ANCAC 02H.1003(4) and the
approved plans.
X. 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.
e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and
protective covenants prior to the issuance of a certificate of occupancy to ensure the
permit conditions and the approved plans and specifications are maintained in
perpetuity.
7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any
eroded areas of the on-site stormwater system will be repaired immediately.
North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources
DE_- ';;A-
i Washington Regional office 943 Washington Square lMali i Washington.North Carolina 27889
252.945.648E
9. DESIGNER'S CERTIFICATION. Upon completion of the project,the permittee shall
determine if the project is in compliance with the approved plans and take the necessary
following actions:
a. If the permittee determines that the project is in compliance with the approved plans,
then within 45 days of completion,the permittee shall submit to the Division one hard
copy and one electronic copy of the following:
i. The completed and signed Designer's Certification provided in
Attachment B noting any deviations from the approved plans and
specifications-. Deviations may require approval from the Division;
ii. A copy of the recorded operation and maintenance agreement;
iii. Unless already provided, a copy of the'recorded deed restrictions and
protective covenants; and
iv. A copy of the recorded plat delineating the public rights-of-way, dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the approved
plans,the permittee shall submit an application to modify the permit within 30 days of
completion of the project or provide a plan of action;with a timeline,to bring the site.
into compliance.
10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the
operation and maintenance necessary, as listed in the signed operation and maintenance
agreement,to assure that all components of the permitted on-site stormwater system are
maintained at the approved design condition. The approved operation and maintenance
agreement must be followed in its entirety and maintenance must occur at the scheduled
intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily,
the permittee shall take immediate corrective actions. This includes actions required by
the 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.
b. MAINTENANCE RECORDS. 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.
11. 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 15A NCAC 02H.1045(3).
12., CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit
a completed Permit Information Update AiMlication Form 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.
North Carolina Department of Environmental Quality Division of Energy;Mineral and Land Resources
Washington Regional office 1 943 Washington Square Mail I Washing€on,Nrorth Carolina 27889
uv�pns::mm9 EQ..aa'111 �" 252946,6481
c. 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.
d. MAINTENANCE ACCESS. SCMs,stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation,maintenance and repair
as shown on the approved plans.
e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
f. 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.
g. 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.
h. 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.
i. OTHER PERMITS. The issuance of this permit does not preclude the permittee
from obtaining and complying with any and all other permits or approvals that are
required for this development to take place,as required by any statutes, rules,
regulations, or ordinances,which are 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 issued this the 3 rd day of March 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
;,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW3221203
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North Carolina Department of Environmental Quality Division of Energy>Mineral and Land Resources
Washington Regional office 943 Washington Square Mail I Washington,North Carolina 27889
252.446,b481
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Prafect Name: McCan less Village
Phase: 1 of 1
LOT it LOT AREA(sf) ALLOWABLE BUA(sO
1 7,000 2,036
2 7,183 2,036
3 7,194 2,036
4 7,534 2,036
5 1%800 2,064
6 10,654 2,072
7 15,491 2,079
8 10,519 2,390
9 8,797 2,036
10 7,125 2,036
11 7,125 2,036
12 7,125 2,036
13 7,125 2,036
14 7,125 2,036
15 7,125 2,036
16 7,099 2,036
17 6,945 2,036
18 6,990 2,036
19 7,121 2,036
20 7,991 2,036
21 8,332 2,036
22 8,648 2,036
23 9,046 2,077
24 26,781 2,072
25 11,525 2,068
26 14,674 2,064
27 15,188 2,036
28 14,726 2,036
29 12,136 2,036
30 9,906 2,036
31 8,005 2,038
32 7,125 2,036
33 7,125 2,036
34 7,125 2,036
35 7,125 2,036
36 7,373 2,036
37 11,208 2,045
38 9,318 2,036
39 9,474 2,036
40 8,071 Z078
41 7,849 2,074
42 9,534 2,108
43 11,416 2,036
44 8,209 2,036
45 8,047 2,036
46 7,537 2,086
47 9,178 2,135
48 10,759 2,085
49 15,815 2,068
50 7,557 2,170
51 8,314 2,036
52 81950 2,054
53 11,400 2,046
54 10,916 2,036
55 8,986 2,088
56 7,309 2,036
57 7,227 2,036
58 7,194 2,036
59 7,162 2,036
60 6,979 2,036
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above,and I certify by
my signature below,that the project meets the below listed Final Submittal Requirements
found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit
documents,plans and specifications on file with or provided to the Division.
Check here if this is a partial certification. Section/phase/SCM #
Check here if this is part of a Fast Track As-built Package Submittal.
Printed Name Signature
I, .a Notary Public in the State of
County of ,do hereby certify that
personally appeared before me this day of 20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC.1042(4) Completed/ N/A
Provided /
A. DEED RESTRICTIONS I BUA RECORDS
1. The deed restrictions and protective covenants have been Y or N
recorded and contain the necessary language to ensure that the
project is maintained consistent with the stormwater regulations
and with the permit conditions.
2. A copy of the recorded deed restrictions and protective Y or N
covenants has been Urovided to the Division.
3. Records which track the BUA on each lot are being ept. See Y or N
Note 1
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection,maintenance and repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of the runoff collection/ y or N
conveyance system are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N
-Z North Carolina Department of Environmental Quality Division of Energy.Kneral and Land Resources
Washington Regional Office 943 Washington Square Mali I Washington,North Carolina?788c3
252.946.6481
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certJ by my signature and seal below,
that I have observed the construction of the project name above to the best of my abilities
with all due care and diligence, and that the project meets the below listed General MDC
found in NCAC 02H.1050 in accordance with the permit documents,plans and
specifications on file with or provided to the Division, except as noted on the"AS-BUILT"
drawings,such that the intent of the stormwater rules and statutes has been preserved.
Check here if this is a partial certification. Section/phase/SCM #
Check here if this is a part of a Fast-Track As-Built Package Submittal per.1044(3).
Check here if the designer did not observe the construction but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
OO Circle N if the as-built value differs from the Plan. If N is circled,provide an explanation
on Page 2.
zON/E = not evaluated (provide explanation on page 2) ON/A=not.applicable to this SCM
or project.
Consultant's Certification NCAC.1003((3)&General Q'N/
iOAs-built ON/A
MDC.1050 E
A. TREATMENT REQUIREMENTS
1. The SCM achieves runoff treatment. Y or N
2. The SCM achieves runoff volume match. Y or N
3. Runoff from offsite areas and/or existing BUA is Y or N
bypassed.' _
4. Runoff from offsite areas and/or existing BUA is Y or N
directed into the permitted SCM and is accounted for
at the full build-out potential.
5. The project controls runoff through an offsite Y or N
permitted SCM that meets the requirements of the
MDC.
"
North Carolina Department of Environmental duality ' Division of Energy,blinera€and Land Resources
EQ„ /f Washington Regional office 1 943 Lashington Square Mall E Washington,North Carolina 27899
r .�..,
K. DEWATERING-A meffibU to i3raw` own standing water Y or N
has been provided to facilitate maintenance and
inspection.
L. CLEANO T AFTER CONSTRUCTION-the SCM has been Y or 1
cleaned out and converted to its approved design state.
M. MAINTENANCE ACCESS
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline slopes Y or N
>3:1.
N. DESIGNER QUALIFICATIONS FAST-TRACK PERMIT]
The designer is licensed under Chapters 89A,89C,89E,or Y or N
89F of the General Statutes.
Provide an explanation for every MDC that was not met,and for every item marked "N/A"
or"N/E",below.Attach additional pages as needed:
North Carolina Department of Environmental Quality =Division of Energy,Mineral and Land Pesources
..w Washington Regional Office 943 Washington Square Mail l Washington,North Carolina 27889
-
�a 252.946.6481
C. As-bunt Main Pool/Areas./Volumes/Elevations
1. T e permanent poo sur ace area provi a is consistent Y or N
with the ermitted value.
2. The Temporary Poo Vo ume provi ed is consistent Y or N
with the permitted value.
3. The permanent pool elevation is consistent with the Y or N
permitted value.
4. The temporary pool elevation is consistent wit e
permitted value. Y or N
OAs built ONE ON A
D. Inlets/Outlet/`Drawdown
1. The design volume draws down in 2-5 days. Y or N
2. The size of the Orifice is consistent with e permittedY
value. or N
3. A trash rack is provided on the outlet structure. Y or N
4. Hy ro ogic impacts to a receiving c annet are Y or N
minimized from the 1 24 hr storm discharge?
5. The inlets and the outlet location are situated per&e Y or N
approved plan and avoid short-circuiting.
E. Ve etation
1. The vegetated shelf has been—planted with a minimum Y or N
of 3 diverse species.
2. The vegetated shelf plant density is consistent with the
approved plans and is no less than 50 plants per 200 sf Y or N
or no less than 24 inches on center.
Provide an explanation for every MDC that was not met, and for every item marked "N/A"
or"N/E"below.Attach additional pages as needed:
North Carolina Department of Environmental Quality ; Ctivision nfl3nergy,Tviineral and Laird Resources
Washington kegionai Office i 943 Washington Square Mail I ,Nashington,North Carolina 27889
np=i�eaem w semam� �I"� 252.946,6481