Loading...
HomeMy WebLinkAboutSW8960415_CURRENT PERMIT_20240306 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW81604( �S DOC TYPE Ef CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ZA 03 D6 YYYYMMDD / , d Q ROY COOPER Governor ELIZABETHS.BISER `. secretary WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Intertm Director Environmental Quality March 6'", 2024 Attn: John Harrison, Owner 332 Rivage Promenade Wilmington,NC 28412 Subject: Permit Renewal Post-Construction Stormwater Management Permit No. SW8960415 Tarheel Plaza Brunswick County Dear Mr. Harrison: Effective August 1, 2013 the Post-Construction Stormwater Management Program has been transferred from the Division of Water Quality("DWQ")to the Division of Energy, Mineral and Land Resources("DEMLIV). All previous references to DWQ will remain in older permits issued prior to August 1, 2013, until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit. On August 5, 2009,the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1,2008, and December 31, 2010. The law extended the effective period of any permit that was set to expire during this time frame to three(3)years from its current expiration date. On August 2, 2010,the Governor signed Session Law 2010-177,which granted an extra year for a total of four(4)years extension. The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 22",2024. The Division is hereby notifying you that permit SW8960415 has been renewed, updated, and re-issued on March 6", 2024, as attached. 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 July 151h,2028, ,which includes all available extensions, 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 919431-3000, 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 Logan Inman in the Wilmington Regional Office, at(910) 796-7215 or logan.inman@deq.nc.gov. Sincerely, 940 5i;William E. Toby Vinson, Jr., PE, CPM, Interim Director Division of Energy, Mineral and Land Resources ®rk 0% North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources ./ Wilmington Regional Office 1127 Cardinal Drive.Eztension I Wilmington.North Carolina M405 910.796.7215 I , State Stormwater Permit No. SW8 960613 AllPage 2 of 2 Enclosures: Attachment C—Permitting History copy of the Renewal Application Documents DES/iwi: %Stormwater\Permits&Projects\1996\960415 HD\2024 03 permit 960415 cc: Wilmington Regional Office Stormwater File 10"0—ft �4% North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 28405 rvomN cewaRa. uvmr+�+'�mr 910.796.7215 Post-Construction Stormwater Management Permit No. SW8 960415 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 Mr. John Harrison Tarheel Plaza 6855 Beach Dr SW, Ocean Isle Beach NC, Brunswick County FOR THE construction, operation and maintenance of an Infiltration Pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and 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 July 151, 2028, 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. Page 1 of 5 Post-Construction Stormwater Management Permit No. SW8 960415 2. This stormwater system has been approved for the management of stormwater runoff as described on page 2 of this permit. The stormwater control has been designed to handle the runoff from 50,965 square feet of impervious area. DEPARTMENT OF ENVIRONMENTAL QUALITY Project Name: Tarheel Plaza Permit Number: 960415 Location: Brunswick County Applicant: Mr. John Harrison Mailing Address: 332 Rivage Promenade Wilmington NC, NC 28412 Application Date: February 22"', 2024 Water Body Receiving Stormwater Runoff: ICWW Classification of Water Body: "SA" If Class SA, chloride sampling results: N/A Pond Depth: 1.5 feet Bottom Pool Elevation: 46 MSL Total Impervious Surfaces Allowed: 50,965 square feet Future 22,650 square feet Offsite Area entering Pond: N/A square feet Green Area entering Pond: 9,017 square feet Required Storage Volume: 32,862 cubic feet Provided Storage Volume: 40,200 cubic feet (includes infiltration occurring during the storm event.) Temporary Storage Elevation: 47.5 MSL Type of soil: Kureb sand Expected infiltration rate: 6"-20" per hour Drawdown Time: 27 hours 3. The tract will be limited to the amount of built-upon area indicated on page 2 of this permit, and per approved plans. 4. Deed restrictions must be recorded prior to construction of the future area shown on the approved plans to ensure that the built-upon area limitations are known. The following statement must be recorded: a. To ensure continued compliance with the DEMLR's Stormwater Management Permit Regulations, 15A NCAC 2H.1000, future areas as shown on the July 15, 1996 DEMLR approved plans are limited to 22,650 square feet of built-upon area, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking or the water surface of swimming Pools." b. All built-upon area from the future area must be directed into the permitted stormwater control system. 5. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Page 2 of 5 Post-Construction Stormwater Management Permit No. SW8 960415 II. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. c. All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of the system does not occur. 2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in it's entirety and maintenance must occur at the scheduled intervals including, but not limited to: a) Semiannual scheduled inspections (every 6 months). b) Sediment removal. c) Mowing and revegetation of side slopes. d) Immediate repair of eroded areas. e) Maintenance of side slopes in accordance with approved plans and specifications. f) Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g) Access to the outlet structure must be available at all times. 3. 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. 4. 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. 5. 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. Page 3 of 5 Post-Construction Stormwater Management Permit No. SW8 960415 6. 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. 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); Page 4 of 5 Post-Construction Stormwater Management Permit No. SW8 960415 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. 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. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the project's 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. f. 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 updated, renewed, and reissued this the 6th day of March 2024. NORTH CCAAR_OLLI_NA ENVIRONMENTAL MANAGEMENT COMMISSION d%5El _ WA .�;William E. Toby Vinson, Jr., PE, CPM, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 960415 Page 5 of 5 Attachment C-Permitting History Tarheel Plaza Permit No.SW8 960415 Approval Permit Action BIMS Description of the Changes Date Version Original construction,operation and maintenance of an Infiltration Pond in compliance with 7/15/1996 Approval 1.0 the provisions of 15A NCAC 2H .1000.The stormwater control has been designed to handle the runoff from 50,965 square feet of impervious area. 7/3/2006 Renewal 2.0 Expired 7/15/2020 3/6/2024 Renewal 3.0 1 Expires 7/15/2028 Page 1 of 1 ,1 DEMUR USE ONLY oat Re ived Fee Paid Permit Number aaa 7 w� boy, �� • #I +5 1IFU ?11014 NC DEQ Division of Energy, Mineral and Land Resources !� STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 21-1.1045(3), the current permit holder shall renew their-high density permit 180 days. prior to its expiration. Renewed permits are valid fora period of 8 years per Session Law 2011-398(SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION S�J� 1�Go �ls 1.State Stormwater Permit Number: _ 2. Project name: 3.Project street a-dd`ress: Goo�S �P+'q�� LO IL, S. City: �P �S/C lU�. &gv1.Jf4i LAt CD�ounty: ZIP: 4.What,if any,changes have been made to the project as permitted? _ If the project has changed from the original approved plans,please complete SWU-101 for a Major Modification or Minor Modification Application form available at:J�j(ps:/ldeq.nc.aov/abouUdivisions/energy_ mines I-land-resources/energy-mine ra I-la nd-rules/stormwate r-program/post-construction. B. PERMITTEE INFORMATION If changes to the penniffee orproject name have been made,please complete either the Permit Update form or the Permit Transfer form available at:hfps7/deq.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/sormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1.Current Permit Holder's Company Name/Organization: O 2.Signing Official's Name: 3. Signing Official's Title: `f"- 4.Mailing Address: 12 L /t •`t-) -7,,� City: t '�r 1> State: N _ZIP: _ yj2- . S.Street Address: 331- ,2i ,V..IJJ.S e PADM\\P'���( City: yV'�M"i .a� o.J State: C _ZIP: �-q) 6. Phone:( j Email: https://ww'w.deq.r..c.gov/energy-mir,er.i!-and-land-resourceslsto...sw-Permit-renewal-application-form-2 018 0 517-final-tldowntoad 2/14/24, 12:39PM Page 1 of 3 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Re ional Office(Coastal, SA Waters)or DEMLR Central Office(Urbanizing Areas Ph 2, USMP,Non-Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: / 1. A permit application processing fee of$505.00 payable to NCDEQ. 2. One original signed hard copy and one electronic copy of this completed form.The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation—a principle executive officer of at least the level of vice-president; b. Limited Liability Company(LLC)—a manager or company official as those terms are defined in G.S.57D"North Carolina Limited Liability Company Act;" C. Public Entity—a principal executive officer, ranking official,or other duly authorized employee; d. Partnership or limited partnership—the general partner; Sole proprietor;or f. Letter of authorization signed by one of the signatories noted in a—e above Ffg authorizing the signature of another entity. BY 2024 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including:deed restrictions,protective covenants,condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements,Please select one: I have a copy of the current recorded O&M Agreement for all SCMs,and I will continue to keep this on file with the permit;or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications,Please select one: A copy of the certification(s)confirming that the project was built in accordance with the approved plans have been previously provided to the Division;or A copy of the cer ification(s)confirming that the project was built in accordance with the approved plans are enclosed;or The project has not yet been built. 6. [IF APPLICABLE]If the project has been built,one original hard copy and one electronic copy of a signed,sealed,and dated letter from a licensed professional stating that the SCMs have been inspected,and that they have been built and maintained in accordance with the permit. _ 7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC):Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,or other official documentation,which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). .LLtW w.sosnagov/online_services/search/by_tite%Business_Registri ation - https:lfwww.deq.nc.gov/energy-mineral-and-land-resources/sto._sw-permit-renewal-application-form-20180517-final-1/download 2/14924, 12:39 PAd Page 2 of 3 n D. t P)ERMITTEE'S CERTIFICATION I, J 6 h Q. /� 2'S D,J the person legally responsible for the permit,certify that I have a copy of the Permit and O&M Agreement on site(or I will obtain a copy and it will be kept on site),that I am responsible for the performance of the maintenance procedures,and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project,SCMs,or ownership. All information provided on this permit renewal application is,to the best of my knowledge,correct and complete. Signature: Date: Z-Z L Zc/ NOTARIZATION: AA / I,�f1 St' n /7irrw Yaa-f/9 a'na , a Notary Public for the State of County of 3—rr A ,do hereby certify that I / ra ,( 's n personally appeared before me this the 2 'L day of �;.� .20 ,and acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, (Notary Seal) - CRISTIAN AMAYA-AQUINO Notary Signature: Notary Public Brunswick Co., North Carolina My commission expires�,/A/L 6�,2WL-2 My Commission Expires June 28,2027 1 Stormwater Permit Renewal Form Page 1 of 3 May 11,2018 ECEIVE FEB 2 2 2024 BY:--- https://www.deq.nc.gov/energy-mineral-and-land-resources/StO._sw-permit-renewal-application-form-20180517-final-1/download 2114124, 12:39 PM ._..Page 3 of 3 6934-1 Beach Dr.,SW compasspoint@atmc.net 910-575-5872 Ocean Isle Beach,NC 28469 Fax 910-575-1214 May 30, 2006 Mr. Gary Beecher . NC Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington,NC 29405 Subject: Stormwater Certification Stormwater Permit No. SW8 960415 Tarheel Plaza Brunswick County Dear Mr.Beecher: In April 2006, Compass Pointe Engineering,PA was contacted by Mr.John Harrison to provide certification of construction for the stormwater plan,titled"Erosion Control and Stormwater Plan for Tarheel Plaza,Brunswick County,North Carolina",prepared by Houston and Associates, P.A., and dated April-12, 1996.-Plan reviews and field inspections were completed in May 2006. Based on these evaluations and to the best of my abilities, I hereby certify that the stormwater infiltration basin was constructed to be within substantial compliance and intent of the stormwater plan prepared April 12, 1996 for Tarheel Plaza in Brunswick County,North Carolina Compass Pointe Engineering, PA did not observe the construction of this project. Construction was completed on September 22,2005 by J. P.Russ&Sons, located at 5621 Beach Drive SW, Ocean Isle Beach,North Carolina 28469. The owner was encouraged to continue monitoring efforts in the area to ensure infiltration basin parameters remain in accordance with the referenced plan. Should you have any questions or comments please do not hesitate to contact me at 910-575- 5872. %0"tnu81111 Sincere " 826888 � WOQ Michael A.Norton,PE ,` dW ft cc. Mr.John Harrison