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HomeMy WebLinkAboutSW7141007_CURRENT PERMIT_20221017 ROY COOPER Governor ELIZABETH S.B1SER as_ Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality October 17, 2022 DLS Properties, LLC Attention: Dolly L. Smith, Manager 2123 Cowper Dr. Raleigh, NC 27608 Subject: Stormwater Permit No. SW7141007 Renewal Dollar General — Chowan County High Density Project Chowan County Dear Dolly L. Smith: The Washington Regional Office received a Stormwater Management Permit Application for renewal of the subject permit on September 20, 2022. Staff review of the application has determined that the permit can be reissued. We are forwarding Permit No. SV 7141007 dated October 17, 2022, for the continued operation of the existing stormwater treatment system. This permit, upon its effective date, will replace all previous State Stormwater permits for this project. This permit shall be effective from November 25, 2022, until November 24, 2030, and shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3923. Ec Glandon Forest Equity, LLC Sincerely, Roger K. Thorpe Environmental Engineer � �� d-r•t nash-e.-rgcatol nQ Sqe a ,Mail toWn aosf Nnegrm n bN,-r.trhs Carolina aanrdo linaan d2 7R8e8so9J m'ces STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE 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 DLS Properties, LLC Dollar General— Chowan County Located on NC Hwy 32 (Virginia Road), Edenton, NC Chowan County FOR THE construction, operation and maintenance of one wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the 'rstonnwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit. This permit shall be effective from November 25, 2022, until November 24, 2030, and shall be subject to the following specified conditions and limitations: 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The stormwater control has been designed to handle the runoff from 32,327 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated in Section I. of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. North Carolina Department ofEnvironmental Quality Division of Energy.Mineral and Land Resources E Washington Regional Office 943 Washington Square Mall I Washington,North Carolina 27889 252.946.648t f 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The built-upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. 7. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, ftz: 56,795 b. Total Impervious Surfaces, ftz: 32,327 C. Design Storm, inches: 1.5 d. Pond Depth - average, feet: 3.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 34.60 g. Permanent Pool Surface Area required, ftz: 3,692 h. Permanent Pool Surface Area, ftz: 4,060 i. Min. Volume required, ft3: 3,980 J Permitted Storage Volume, ft3: 4,010 k. Temporary Storage Elevation, FMSL: 23.90 I. Controlling Orifice: 1.00"0 pipe M. Permitted Forebay Volume, ft3: 1,602 n. Receiving Stream/River Basin: Rockyhock Creek/Chowan River Basin o. Stream Index Number: 25-22 p. Classification of Water Body: "B; NSW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its 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. Mowin.9 and re-vegetation of slopes and the vegetated filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, level spreader, filter strip, catch basins and piping. g. Access to the outlet structure must be available at all times. North Carolina Department of Environmental Quality Division of Energy.Mineral and Land Resource's D_E Washington Regional Office 943 Washington Square Mall I Washington,North Carolina 27889 252.946.6481 4. Records of maintenance activities must be kept for each permitted SCM. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The permittee shall submit to the Division of Energy, Mineral, and Land Resources an annual summary report of the maintenance inspection records for each SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 6. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 7. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system Installed 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. 9. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. �Qffl%75 North Carolina Department of Environmental Quality Divislon of Energy.Mineral and Land Resources Washington Regional Office 943 Washington Square Mall 1 Washinyt on,North Carolina 27889 252.946,6481 11. 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 revised plans and certification in writing to the Director that the changes have been made. 12. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 13. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form, to the Division of Energy, Mineral, and Land Resources, signed by both parties, and accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral, and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. ^�. North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources Washington Regional Office 943 Washington Square Mall 1 Washington,North Carolina 27889 252946.6481 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. 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 as allowed by the laws, rules and regulations contained in Title 15A NCAC 211.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. 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. 13. This permit shall be effective November 25, 2022, until November 24, 2030. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 17 th day of October 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _. --- ---- ---- For Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7141007 Y�i) 3,(\ North Carolina Department of Environmental Quality Dlvislon of Energy.Mineral and Land Resources V— �O Washington Regional Office 943 Washington Square Mall I Washington,North Carolina 27689 G 252.446.6481 DEMLR USE ONLY D to Received Fee Paid Permi Number Q (�? ��f j v � O " T D C DEQ Division of Energy, Mineral and Land Resources SEP 19 2022 STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM By In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 6 years per Session Law 2011-398(SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW7141007 2. Project name: Dollar General Store# 15847 3. Project street address: 1503 Virginia Rd City: Edenton County: Chowan ZIP : 27932 4. What, if any, changes have been made to the project as permitted? None If the project has changed from the original approved plans, please complete SWU-101 fora Major Modification or Minor Modification Application form available at:httos://deg.nc.gov/abouUdivisions/energv- mineral-land-resources/energv-mineral-land-rules/stormwater-Drop ram/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https://deg,nc.gov/abouUdivisions/energv-mineral-land- resources/energy-mineral-land-rules/stormwater-Drogram/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. / 1. Current Permit Holder's Company Name/Or ization: DLS Properties, LLC o/ 2. Signing Official's Name: Dolly L. Smith 3. Signing Official's Title: Manager/Member-sole proprieter 4. Mailing Address: 2123 Cowper Drive City: Raleigh State: NC Zip : 27608 5. Street Address: 2123 Cowper Drive City: Raleigh State: NC —Zip : 27608 6. Phone: (919 ) 740-7789 Email: dollysmithl@gmail.com Stormwater Permit Renewal Form Page 1 of 3 May 11,2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQ W/ORIM. 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: DLS 1. A permit application processing fee of$505.00 payable to NCDEQ. DLS 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; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the signature of another entity. DLS 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. DLS 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. DLS 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 certification(s)confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. DLS 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. DLS 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). https://www.sosnc.gov/online services/search/by title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11,2018 D. PERMITTEE'S CERTIFICATION 1, Dolly L Smith 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 complete. Signature: Date: NOTARION: 1, Oren eq. 4b acs a Notary Public for the State of N G 0 , County of (�0. do hereby certify that o Sal I+f\ personally appeared before me this.the (t 1 day of S'2 24g,.v lW 20 and acknowledge the due 0 of the forgoing instrument. Witness my hand and official seal, on �c x �7Notary ell) r� �ji' Peary "' ature: �qKE CO,�•• "4I+Ay d6inmission expires Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 ,TAN N 3q V V a / 'O ROY COOPER °'> Governor v. -� ELIZABETH S.BISER a Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality September 12, 2022 US Properties, LLC Attention: Dolly L. Smith, Manager 2123 Cowper Dr. Raleigh, NC 27608 Subject: Stormwater Permit No. SW7141007 Transfer of Ownership Dollar General — Chowan County High Density Project Chowan County Dear Dolly L. Smith: The Washington Regional Office received a Stormwater Management Permit Application for transfer of ownership of the subject permit on May 13, 2022. By e-mail dated May31, 2022 you were advised that this permit had an expiration date of November 24, 2022, and that a renewal application was required to extend the permit. No response has been received to that e-mail and we have been unable to contact you by telephone. We are transferring Permit No. SW7141007 dated September 12, 2022, with an expiration date of November 24, 2022, for the continued operation of the existing stormwater treatment system. Please be advised that renewal applications were due 180 days prior to expiration. You should immediately submit a renewal application and a $505.00 processing fee. Failure to submit the renewal application prior to permit expiration will result in the Division pursuing an enforcement action for operating a stormwater treatment system without a permit as required by the North Carolina General Statutes and the Stormwater Rules 15A NCAC 02h .1000. Failure to maintain a stormwater permit for this project may result in the assessment of civil penalties of up to $25,000 per day. This permit, upon its effective date, will replace all previous State Stormwater permits for this project. This permit shall be effective from the date of issuance until November 24, 2022, and shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. ® North Carolina Department of Environmental Quality Division.of Energy—Mineral and Land Resources Washington Regional Cf6ce '�, 943 Washington 5quare Mail ' Washington.North Carolina 27889 `o;roi�mmi�:w. wx..elry 25?r)Y J5.h43i Page 2 September 12, 2022 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3923. Ec Glandon Forest Equity, LLC Sincerely, V Roger K. Thorpe O Environmental Engineer ry,A c-Cn n t�eea r r i [ 'mai > .slon 2f r 9+ lineral and Land Resour:es D `E` Q av;r y;ra 3 rc sn n i.r�q -\Iz I btiasi rnrn North Carolina 2i389 Mo+�mecr mnmmui pui 2 16 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE 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 DLS Properties, LLC Dollar General— Chowan County Located on NC Hwy 32 (Virginia Road), Edenton, NC Chowan County FOR THE construction, operation and maintenance of one wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit. This permit shall be effective from the date of issuance until November 24, 2022, and shall be subject to the following specified conditions and limitations: 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. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The stormwater control has been designed to handle the runoff from 32,327 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated in Section I. of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources Washington Regional Office '.. 943 Washington Square Mall I Washington.North Carolina 27889 �momc.. 1%� 252.946.6481 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The built-upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. 7. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, ftz: 56,795 b. Total Impervious Surfaces, ftz: 32,327 C. Design Storm, inches: 1.5 d. Pond Depth - average, feet: 3.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 34.60 g. Permanent Pool Surface Area required, ftz: 3,692 h. Permanent Pool Surface Area, ftz: 4,060 i. Min. Volume required, ft3: 3,980 j. Permitted Storage Volume, ft3: 4,010 k. Temporary Storage Elevation, FMSL: 23.90 I. Controlling Orifice: 1.00"0 pipe M. Permitted Forebay Volume, ft3: 1,602 n. Receiving Stream/River Basin: Rockyhock Creek/Chowan River Basin o. Stream Index Number: 25-22 P. Classification of Water Body: "B; NSW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for Its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its 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. Mowin.9 and re-vegetation of slopes and the vegetated filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, level spreader, filter strip, catch basins and piping. g. Access to the outlet structure must be available at all times. D North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources Washington Regional Office 943 Washington Square Mall i Washington,North Carolina 27889 -xw Nu•-..o.�tia.xM� 252,940.6481 4. Records of maintenance activities must be kept for each permitted SCM. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The permittee shall submit to the Division of Energy, Mineral, and Land Resources an annual summary report of the maintenance inspection records for each SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 6. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 7. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed 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. 9. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. G. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. r North Carolina Department of Environmental Quality j Division of Energy,Mineral and Land Resources CWashington Regional Office 943 Washington Square Mall 1 Washington,North Carolina 27889 252.9•lti.o38I 11. 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 revised plans and certification in writing to the Director that the changes have been made. 12. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 13. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form, to the Division of Energy, Mineral, and Land Resources, signed by both parties, and accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral, and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. North Carolina Deparhnent of Envirotnnental Quality Division of Energy.Mineral and Land Resources D_E Washington Regional Office 943 Washington Square Nall I Washington,North Carolina 27889 252.9.16.n481 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. 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 as allowed by the laws, rules and regulations contained in Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. 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. 13. This permit shall be effective from the date of issuance until November 24, 2022. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 12 th day of September 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION For Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7141007 � C North Carolina Department of[nvironmentai Quality Division o Energy,Mineral and Land Resources �v Washington Regional Office _ 943 Washington Square Mali I Washington,North Carolina_>7889 � u�+�0" 252.946.b48I Thorpe, Roger From: Thorpe, Roger Sent: Tuesday, May 31, 2022 4:33 PM To: dollysmithl @gmail.com Cc: Ashley Davis Subject: Stormwater Permits SW7141007 - Dollar General - Chowan County and SW7141105 - Dollar General - Gates County Attachments: Perm it-Renewal-Application-.docx Dolly Smith We received Stormwater permit applications to transfer ownership of both of the subject stormwater permits from Glandon Forest Equity, LLC to DLS Properties, LLC. One of these permits expires in November (SW7141007 )and one expires in December(SW7141105). Renewal applications are due 180 days prior to their expiration. Please submit renewal applications along with a $505.00 processing fee for each. Once we receive these renewal applications we will renew and transfer the permits. I have attached a copy of the renewal application for your use. If you have any questions please give me a call. Thanks Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roper.thorgeCa)ncden r.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Uapasipmnt of Enrlraflmaapsl Gaati Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Thorpe, Roger From: Thorpe, Roger Sent: Tuesday, May 24, 2022 4:59 PM To: Ashley Davis Cc: dollysmithl@gmail.com Subject: Dollar General - Chowan County SW7141007 and Dollar General - Gates County SW7141105 Stormwater permit applications Ashley We have received the two subject stormwater permit transfer applications. Both permits also need to be renewed at this time. This will require renewal applications and separate fees. Let me know if you have any questions. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe(o)ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 N��' RA Q> Oak omea.tenan:ar�.�;r ,ouanro� �yr�*.s Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t ULMLK USL ONLY Date Received Fee Paid Permit Number -15 - � 022 505 SV-714 100 D �I DEQ Division of Energy, Mineral and Land Resources MAY 13 2022 U STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM By A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: htw.,Ildeg.nc.00v/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until. 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official(for current and proposed permittee) must meet the following: • Corporation -a principal executive officer of at least the level of vice-president; • Limited Liability Company(LLC) -the designated manager,' (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) Municipality-a ranking official or duly authorized employee; Partnership or limited partnership- the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW7141007 8 2. Project name: Dollar General—Chowan County Is this an updated project name from the current permit? ❑ Yes X❑ No 3. Reason for the permit transfer request: Property being transferred to new ownership Stormwaler Permit Transfer Application Form Page 1 of 7 April 27, 2018 i B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) X 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F& G). In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent(50%) of the units or lots to owners other than a declarant(provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act(see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either(select one of the following): ❑ The successor-owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor-owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other(please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor-owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark W"if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. NA 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. NA 8. If transferring under G.S. 143-214.7(c2) (i.e., Part 8, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. NA 9. If transferring under G.S. 143-214.7(c5) (i.e., Part 8, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. NA 10. A copy of the lease agreement if the proposed permittee is the lessee. NA 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. NA 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Glandon Forest Equity 2. Signing Official's Name: George Barnes 3. Signing Official's Title: Member/Manager 4. Mailing Address: 3825 Barrett Drive Suite 100 City: Raleigh State: INC ZIP : 27609 5. Street Address: 3825 Barrett Drive Suite 100 City: Raleigh State: NC ZIP : 27609 6. Phone: (919)459-2602 Email: gbarnesa_vanguardpg.com I, George Barnes the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. 1 hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) X❑ the most recent permit; X❑ the designer's certification for each SCM; X❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; X❑ the approved plans and/or approved as-built plans; X❑ the approved operation and maintenance agreement; X❑ past maintenance records from the previous permittee (where required); X❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by-the DE MLR unless and until the facility is in complian a wi the permit. Signature: Date: 5 3 ZZ- I, Nt CO 1 Joy'k5 a Notary Public for the State of County of Frag-1t -\ do hereby certify that C�tA, %, r Jcax (U.)3 personally appeared before me this the �b day of 201eL , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) �In11 _ go�� NorgR o s Notary Signature: ' U( �� � �n "^ _�� T �ss°NExpy �cog a y A OS 23Rf S a My commission expires C� CAS' �j 3.,y��� V9LIC OIUTAtt„``rp Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: X❑ Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F& G.) ❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): X❑ Corporation, LLC, Partnership, Municipality name: DLS Properties LLC ❑ HOA/ POA/ UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Dolly Smith b. Signing Official's Title: c. Mailing Address: 2123 Cowper Dr d. City: Raleigh State: NC ZIP : 27608 e. Street Address: City: State: ZIP f. Phone: (919)740-0077 Email: dollvsmith1Ccilgmail com 4. If there is a Management Entity that manages the property for an HOA, PDA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: NA b. Contact Name: Title: c. Mailing Address: d. City: State: ZIP: e. Phone: (_) Email: Stormwaler Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, Dolly Smith , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that 1 have received a copy of: (select all that apply): X❑ the most recent permit; X❑ the designer's certification for each SCM; X❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; X❑ the approved plans and/or approved as-built plans; X❑ the approved operation and maintenance agreement; X❑ past maintenance records from the previous permittee (where required); X❑ a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule"addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule"must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the approved plans; and I will {construct}, operate and maintain the approved stormwater management system pursuant to the require//r//��//ent4�s listed in the permit and i the operation and maintenance agreement. Signature: rCJ«K��C�� Date: I, ,lle rman Al, W4APotm a Notary Public for the State of A C County of , do hereby certify that 11v Z e e ;� personally appeared before me this the_ '�day of 20424 and acknowledge the due execution of the forgoing instrument. Witness my h nd and official seal, (Notary Seal) Sherr ann N. Hepps NOTARY PUBLIC �/ Wake County Notary Signature �,�C711 U L4C(4LA=�r North carolina 2s2s My Commission Expires March 75, My commission expires Stormwaler Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: NA Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP : _ Phone: (_) Email: I, hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018