HomeMy WebLinkAboutSW6221103_Cover Letter & Permit_20230208 SWI
ROY COOPER
Governor _
ELIZABETH S.BISER „
Secretary awrvir�'
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
RECEIVED
February 8,2023 FEB 10 2023
Joseph T. Bowden,II DEMM-Stormwater Program
4016 Overhills Road
Spring Lake,NC 28390
Subject: State Stormwater Management Permit No. SW6221103
Iron Man Self Storage
Low Density Project
Harnett County
Dear Mr. Bowden:
The Division received a complete State Stormwater Management Permit Application for the
subject project on November 23, 2022. Staff review of the plans and specifications has
determined that the project, as proposed, complies with the Stormwater Regulations set forth in
15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding
Permit No. SW6221103 dated February 8, 2023, for the construction of the built-upon areas
(BUA) and vegetated conveyances associated with the subject project.
,This permit shall be effective from the date of issuance until rescinded and the project shall be
subject to the conditions and limitations as specified therein and does not super& Te 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) da s 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
Washington Regional Office 1 943 Washington Square Mail 4 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
LOW DENSITY DEVELOPMENT
In compliance with the provisions of Article 2.1 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
Joseph T Bowden, II
Iron Man Self Storage
Located on Overhills Road, Spring Lake, NC, Harnett County
FOR THE
construction,management, operation and maintenance of built-upon area (BUA) for a 24%
low density project(the"low density area") discharging to Class C waters as outlined in the
application, approved stormwater management plans,supplements, 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 parts of this permit.
This permit shall be effective from the date of issuance until rescinded 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, 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 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
82,933 square feet.The BUA requirements and allocations for this project are as
follows:
North Carolina.Department of Environmental Quality I Diwlston of Energy;Mineral and Land Resources
� E � Washington Regional Office 1943 Washington Square Mail ( Washington,!North Carolina HW
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25Z9 46.6481
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.
6. 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 approvedplans,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 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 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 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 ppermeable 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,
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.
a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction,
all operation and maintenance for the project and stormwater system shall follow
the Erosion Control Plan requirements until the Sediment-Erosion Control devices
are no longer needed.
b. FINAL GRADING.The vegetated areas and vegetated conveyances shall be entirely
constructed and vegetated. Once the final grading is completed and the site is
stabilized,the permittee shall provide and perform the operation and
maintenance as outlined in the applicable section below.
\; North Carolina Department of Environmental Quality Division of Energy>tvlinerat and Land Resources
Washington Regixmal Office 1 943 Washington Squad Mail I Washington,North Carolina.27899
uars9nrenCuE_Ewai4natenix�-- tr ,/N""� 252.946.6481
11. 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
0211.1045(2) and must be submitted upon occurrence of any one or more of the
following events:
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.
12. 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 plans,
application, supplements,operation and maintenance agreement, all applicable
recorded documents,and specifications shall be maintained on file by the
permittee at all times.
c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation,maintenance and repair
as shown on the approved plan.
d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
North Carolina Department of Environmental Quality i Division of Energy.Mineral and Land.Resources
Washington regional Office ' 943 Washington Square Mail I Washington,North Carolina 27889
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Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this project:
• As-Built Permittee Certification
• As-Built Designer's Certification for Low Density Projects
A separate certification is required for each SCM. These blank certification forms may be
copied and used, as needed,for each SCM and/or as a partial certification to address a section
or phase of the project.
MQ� North Garalina l epartment of Environmental Quality Division of aergy;M1ne€al and Land Resources
Washington Regional Office i. 943 Washington Square Mall ( Washington,North Carolina 27889
• 3. A note that the SCM is required to meet stormwater regulations
and that the lot owner is subject to enforcement action as set Y or N
forth in NCGS 143 Article 21 if the SCM is removed,relocated or
altered without prior approval.
E. OPERATION AND MAINTENANCE AGREEMENT Y or :N
1. The O&M Agreement is referenced on the final recorded plat. Y or N
2. The 0&M Agreement is recorded with the Register of Deeds and Y or N
appears in the chain of title.
F. OPERA7171UN AND MAINTENANCE. N-maintenance recor: s are
being.lcept in a known set location for each SCM and are available for Y or N
review.
G. VESIG S CERTIFICATION FORM as been provided to t & Y or N
Division,
Note 1-Acceptable records include ARC approvals,as-built surveys,and county tax records.
Provide an explanation for every requirement that was not met, and for every"N/A"below.
Attach additional sheets as needed.
Worth Carolina Department of Environmental Quality !Division of Energy,Mineral and land Resources
Washington Regional Office 1 943 Washington Square Mall I Waaturigton,North C:arolina27899
Vegetated Conveyances GiAs-built mN/E G)N/A
1. Stormwater that is not released as dispersed flaw is transported Y or N
by vegetated conveyances.
2. The project has a minimal amount of non-vegetated conveyances Y or N
to reduce erosion.
3. Other than minimal piping under driveways and roads,no piping Y or N
has been added beyond what is shown on the approved plans.
4. Side slopes are no steeper than 3HAV. Y or N
5. The conveyance does not erode in response to the peak flow from the Y or N
10-year storm.
Curb outlet systems(if applicable) DAs=built ON/E (MN,/A,
1. The Swale or vegetated area can carry the peak flow from the Y or N
10-year storm at a non-erosive velocity.
2. The longitudinal slope of the swale or vegetated areas does not exceei Y or N
5%.
3. The swale has a trapezoidal cross-section and a minimum bottom wk Y or N
of two feet.
4. The minimum length of the swale or vegetated area is 100 feet. Y or N
5. Side slopes are no steeper than 3HAV. Y or N
6. The project utilizes treatment swales designed per Section.1061 Y or N
in lieu of the curb outlet system requirements.
Vegetated Setbacks(if applicable) (XiAs-built QN/E G)N/A
1. The width of the vegetated setback is at least 50'. Y or N
2. The width of the vegetated setback has been measured from the norn
pool of impounded waters,the MEW line of tidal waters, Y or N
or the top of bank of each side of rivers or streams.
3. The vegetated setback is maintained in grass or other vegetation.. Y or N
4. BUA that meets the requirements of NCGS 143-214.7(b2)(2)is locatel Y or N
in the setback.
5. BUA that does NOT meet the requirements of NCGS 143-214.7(b2)(2
located within the setback and is limited to:
• Publicly funded linear projects(road,greenway,or sidewalk) Y or N
• Water dependent structures
• Minimal footprint uses such as poles,signs,utility
appurtenances,and security lights.
6. The amount of BUA within the setback is minimized,and Y or N
channeling of the runoff from the BUA has been avoided.
North Carolina Department of Eaironmental Quality Division of Energy,Mineral and Land Resources
�.. EQ Washington Regional Office 943 Washington Square Mali { Washington,North Carolina 27889
CrUk 6 ..mv'irt3mmment.'�b:13iP;7\_ ,/'" 252,9'6.6481