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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 ,This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not super& Te any other agency permit that may be required.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 vaarncaaourva aewnmemma ft—mmuwty 252.946.6481 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 .wr 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 ubwm�e ienmoz�m[ass /e"'� 252.9 6.&481 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