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HomeMy WebLinkAboutSW3201001_Final Permit_20210302ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director DEQ NORTH CAROLINA Environmental Quality March 2, 2021 Teramore Development, LLC Attn: Joe Strickland PO Box 6460 Thomasville, GA 31758 Subject: State Stormwater Management Permit No. SW3201001 Dollar General - Granit Quarry, NC High Density Project Rowan County Dear Mr. Strickland: The Central DEQ Office received a complete, State Stormwater Management Permit Application for the subject project on February 17, 2021. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW3201001, dated March 2, 2021, for the construction of the built -upon areas (BUA) and stormwater control measures (SCMs) associated with the subject project. This permit shall be effective from the date of issuance until March 2, 2021 and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the 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. If you have any questions concerning this permit, please contact Corey Anen in the Central DEQ Office, at (919) 707-3649 or Corey.Anen@ncdenr.gov. Sincerely, �,- Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A - Designer's Certification Form cc: Justin C. Church, PE - BREC, PA Mooresville Regional Office SW3201001 File D E Q173]�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH C ROLINA - OepartmeM ot Environmental Uuall� 919.707.9200 State Stormwater Management Permit No. SW3201001 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Teramore Development, LLC Dollar General — Granite Quarry, NC NC Hwy 52, Salisbury, Rowan County FOR THE construction, management, operation and maintenance of built -upon area (BUA) including one (1) sand filter ("stormwater control measures" or "SCMs") 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 March 2, 2029 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 53,464 square feet. The runoff from all BUA within the permitted drainage area of this project must continue to be directed into the permitted SCM. The following specific requirements pertain to the BUA on this project: a. SCM BUA LIMITS. The SCM has been designed using the runoff treatment method to handle the runoff from 53,464 square feet of BUA within the delineated drainage area. This permit does not provide any allocation of BUA for future development within the delineated drainage area(s). 2. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project: a. SCM DESIGN. The SCM is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This SCM must be provided and maintained at the design condition. These SCMs must be provided and maintained at the design condition. Page 1 of 5 State Stormwater Management Permit No. SW3201001 b. SAND FILTER MEDIA MAINTENANCE: The sand filter shall be maintained in a manner that results in a drawdown of at least two inches per hour at that sand surface. 3. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 4. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans. b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 5. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats_must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEEDS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 6. 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. SCM OPERATIONAL PRIOR TO DEVELOPMENT. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are converted to SCMs. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. Page 2 of 5 State Stormwater Management Permit No. SW3201001 7. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the 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), 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. 8. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 9. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 5 State Stormwater Management Permit No. SW3201001 10. 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 15A NCAC 02H.1045(3). 11. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 12. 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) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part; ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; iii. Bankruptcy; iv. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 13. 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 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, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. c. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. d. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. Page 4 of 5 State Stormwater Management Permit No. SW3201001 OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 2nd day of March, 2021. NORTH CAROLINA. ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW3201001 Page 5 of 5 State Stormwater Management Permit No. SW3201001 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 General MDC • As -Built Designer's Certification for Sand Filter Project 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. Page 1 of 1 State Stormwater Management Permit No. SW3201001 AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. H Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast Track As -built Package Submittal. Printed Name I, County of Signature a Notary Public in the State of do hereby certify that personally appeared before me this day of 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Completed / Provided N/A A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded and Y or N contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants has been Y or N provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance system Y or N are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: Y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article Y or N 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 O&M Agreement is recorded with the Register of Deeds and appears in Y or N the chain of title. F. OPERATION AND MAINTENANCE PLAN — maintenance records are Y or N being kept in a known set location for each SCM and are available for review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N Division. Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Page 1 of 6 State Stormwater Management Permit No. SW3201001 Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 6 State Stormwater Management Permit No. SW3201001 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: i0 Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC .1050OAs-built ON/E (IN/A A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM Y or N that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N B. VEGETATED SETBACKS / BUA 1. The width of the vegetated setback has been measured from Y or N the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at the Y or N edge of the setback and allowed to flow through the setback as dispersed flow. Page 3 of 6 State Stormwater Management Permit No. SW3201001 OAs-built ON/E (IN/A C. STORMWATER OUTLETS — the outlet handles the peak flow Y N from the 10 year storm with no downslo a erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule provisions Y N has been implemented. or 2. The variation provides equal or better stormwater control and Y N equal or better protection of surface waters. or E. COMPLIANCE WITH OTHER REGULATORY Y N PROGRAMS has been met. or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required storm Y or N depth. G. CONTAMINATED SOILS — infiltrating SCM's are not located Y or N in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 3H:1V. Y or N 2. Side slopes include retaining walls, gabion walls, or other Y or N surfaces that are steeper than 3H:1V. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the discharge Y or N point during the peak flow from the 10 year storm. J. EXCESS FLOWS — An overflow / bypass has been provided. Y or N K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes >3:1. Y or N N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or 89F of Y or N the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: Page 4 of 6 State Stormwater Management Permit No. SW3201001 AS -BUILT DESIGNER'S CERTIFICATION FOR SAND FILTER PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1056, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ON/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this project or SCM. This Certification must be completed in coniunction with the General MDC certification under NCAC 02H.1050 Consultant's Certification (MDC .1056) OAs-built ON/E ON/A A. Two -chambers stem 1. Does the Sand Filter include a Sediment chamber and a Sand Y N chamber? or 2. The storage volume in each chamber is equivalent. Y or N 3. The incoming stormwater is evenly distributed across the surface of Y N the sand. or B. Volume / Elevations 1. The volume of water stored in the sediment chamber and on top of the sand in the sand chamber is at least 0.75 times the treatment Y or N volume. 2. The elevation of the bypass device is set at or above the ponding Y N depth associated with the storage volume. or 3. The ponding depth above the sand surface is six feet or less. Y or N C. Sand Media / Drawdown / SHWT 1. Does the sand media meet ASTM C33 or equivalent? Y or N 2. The depth of the sand media is consistent with the approved plans Y N andspecs and is a minimum of 18". or 3. The depth of the sand media over the underdrain is consistent with Y N the approved plans andspecs and is a minimum of 12 inches. or 4. The sand media provides a minimum drawdown of two inches per Y or N hour at the sand surface. 5. Open -bottom design — the minimum separation to the SHWT at the lowest point of the sand filter is consistent with the approved plans Y or N andspecs and is a minimum of 2 feet. 6. Closed -bottom design — The minimum separation to the SHWT at the lowest point of the sand filter is consistent with the approved Y or N Tans and is a minimum of 1 foot. 7. At least one capped clean -out pipe has been provided at the low Y N point of each underdrain. or Page 5 of 6 State Stormwater Management Permit No. SW3201001 Provide an explanation for every MDC that was not met, or for every deviation from the permitted condition below: Page 6 of 6