SW5221101_Cover Letter & Permit_20230213

ROY COOPER
Governor
ELIZABETH S.BISER afi
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
February 13, 2023
Hurt, LLC
Attn: Michael Hurt
PO Box 9038
Rocky Mount, NC 27804
Subject: Stormwater Management Permit No.SW5221101
Cedar Creek Apartments
High Density Project
Franklin County
Dear Mr. Hurt:
The Raleigh Central Office received a complete State Stormwater Management Permit
Application for the subject project on November 16, 2022. Staff review of the plans and
specifications has determined that the project, as proposed, complies with the Stormwater
Regulations set forth in Title 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules).
We are hereby forwarding Permit Number SW5221101 dated February 13, 2023, for the
construction of the built-upon areas (BUA) and stormwater control measures (SCMs) associated
with the subject project.
This permit shall be effective from the date of issuance until February 13,2031 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 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 ing fee(if
a filing fee is required) and/or the details of the filing process at 6714 Marl 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 Bill Denton at the Raleigh
Regional Office at(919)791-4206, or by email: bilLdentonn 2�nedenr.�=ov.
Sincerely,
Jim Farkas Environmemal�neer
Division of Energy, Mineral and Land Resources
Enclosures: Application Documents
Certification Forms
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Raleigh Regional Office Stoanwater File
North Carolina Department of Envii.ranernal Quality l Division of Energy,Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington,North Carolina 27889
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY 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 "stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Hurt, LLC
201 N. Winstead Ave,Suite D
Rocky Mounty, NC
FOR THE
construction,management, operation and maintenance of built-upon area draining to one
wet pond ("stormwater control measures" or "SCMs") discharging to Brandy Creek, Class B-
NSW waters as outlined in the application, approved stormwater management,
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?Tans 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 February 13, 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
62,547 square feet. The runoff from all BUA within the permitted drainage area of
this project must be directed into the permitted SCM. The BUA requirements and
allocations for this project are as follows:
a. SCM BUA LIMITS. The SCM has been designed using the runoff treatment method
to handle the runoff from 62,547 square feet of BUA within the delineated
drainage area. This permit does not provide any allocation of BUA for future
development within the delineated drainage area.
North Carolina Department of Environmental Quality Dni,For.of Cne qii— Y ,Mir eral and Land Resources
_ Washiogtran Reyfonal Office 1943 WaslaF9ron Sqn reMall= Washings North Carolina M89

2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area
improvements listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have
been proposed for this project. Pervious area improvements will be allowed in this
project if documentation is provided demonstrating those improvements meet the
requirements of the stormwater rule.
3. SCM REQUIREMENTS. The SCM requirements for this project are as follows:
a. SCM DESIGN. The SCM is permitted based on the design criteria presented in the
sealed, signed and dated supplement and as shown in the approved plans and
specifications. This SCM must be provided and maintained at the design condition.
b. FOUNTAINS. At this time,a decorative spray fountain has not been proposed
within the wet pond. Decorative spray fountains will be allowed in the wet pond if
documentation is provided demonstrating that the proposed fountain will not
cause resuspension of sediment within the pond or cause erosion of the pond side
slopes.
c. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that
some water be maintained in the permanent pool, the vegetated shelf is planted
with appropriate species that can handle fluctuating conditions, and human health
issues are addressed.
4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not
cause erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and
maintained in grass or other vegetation adJ'acent to all surface waters as shown on the
approved plans. The setback is measured horizontally from the normal pool elevation
of impounded structures, from the top of bank of each side of streams or rivers,and
from the mean high waterline of tidal waters, perpendicular to the shoreline.
6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the
following documents to be recorded with the Office of the Register of Deeds:
a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system,
including any SCMs,and maintenance accesses must be located in public rights of
way, dedicated common areas that extend to the nearest public right-of-way,
and/or permanent recorded easements that extend to the nearest public right-of-
way for the purpose of inspection, operation, maintenance, and repair.
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.
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 Deparfi ento Environmental Quality Div Monof Energy:Mineoal and Land Reoource5
~�^ Washington Regional Office Was'ungton North Carolma27BS9

a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During
construction, all operation and maintenance for the project shall follow the
Erosion Control Plan requirements until the Sediment-Erosion Control devices are
converted to SCMs or no longer needed. Once the device is converted to a SCM,the
permittee shall provide and perform the operation and maintenance as outlined in
the applicable section below.
b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control
device and/or removed or destroyed during construction, it must be restored to
the approved state stormwater design condition prior to close-out of the erosion
control plan and/or project completion and/or transfer of the state stormwater
permit. Upon restoration, a new or updated certification will be required for the
SCM(s) and a copy must be submitted to the appropriate DEQ regional office.
8. MODIFICATIONS. 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 projector SCM
that impact the certifications,a new or updated certifications), as applicable,will be
required and a copy must be submitted to the appropriate D Q 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( the approved SCM(s), 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 within the common areas to be considered a permeable
surface that were not included in the approved plans and specifications.
g. Other modifications as determined by the Director.
5; North Carolina Department of Enviromnental Quaut Divlslnf Energy Mineral and Land Resources
_ 25 Wasfim9ten Regional Office t 9?34Y sNngron Squat e Dull: Washangton North Carolina 27889
251.4466481

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 A 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
approd plans,the permittee shall submit an application to modify the permit
with
iven 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 appplication, 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 U date A lication Form to the Division within 30
days to making any one or more of the fo owing changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
y', Noa'thC.,ro(ina Departmentor@nvCoomental Quaity Divisienof Energy.Mireratm.d land Resources
1/ Washir gton^aegioeal Office i 3 3 W'ashmaton Square Mail ! Washington,Ncath Carolina 27889
YY 257,9466481

13. 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
appplication, documentation and the processing fee as outlined in 15A NCAC
02H.1045(2) and must be submitted uponoccurrence of any one or more of the
following events:
i. The sale or conveyance of the project and/or property area in whole or in
part;
ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS
55-14-05 or NCGS 57D-6-07 and 08;
iii. Bankruptcy;
iv. Foreclosure, subject to the requirements of Session Law 2013-121.
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.
14. COMPLIANCE. The permittee is responsible for complying with the terms and
conditions of this permit and the approved plans and specifications until the Division
approves the transfer request.
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible
for verifying that the proposed BUA within each drainage area and for the entire
project does not exceed the maximum amount allowed by this permit. The
permittee shall review and routinely monitor the project to ensure continued
compliance with the conditions of the permit, the approved plans and
specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved pplans,
application, supplement, operation and maintenance agreement,all applicable
recorded documents, and specifications shall be maintained on file by the
permittee at all times.
c. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
d. 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.
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.
i
Noetn Carolina Deparfrcenr or Eavironmen[il Qualitti Division or Erie Gy.§lineial and Land Resources
'D_E Was;iinat on Reg onal Crtrice i 943 War ing en Squar Nell; Washinaton.Noi th Carolina 27889
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f. 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.
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.
Permit issued this the 13th day of February 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.,Doug Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW5221101
r (( North Carolina Deparnnent of Environmental Quality ; Drvislor,fi°ne qy Mineral a a and Resources
Washington Regional Office ; 943 W i_hing[on Square Mali i WasLi�g cr,Vorhh Carolina 27889
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