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HomeMy WebLinkAboutSW6120306_Permit Renewal_20210714ROY COOPER Governor ELIZABETH S. BISER Secretary. BRIAN WRENN Director Par 5 Development Group, LLC Attn: Brian Clodfelter, Member/Manager 2075 Juniper Lake Road West End, NC 27376 Subject: Permit Renewal NORTH CAROLINA Environmental Quality July 14, 2021 State Stormwater Management Permit SW6120306 Dollar General Store — Buffalo Lake Road High Density Commercial Infiltration Basin Project Harnett County Dear Mr. Clodfelter: Effective August 1, 2013, the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater 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 issuance of the permit. The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete State Stormwater: Permit Renewal Application Form for Dollar General Store — Buffalo Lake Road on June 25, 2021. We are hereby notifying you that permit SW6120306 has been renewed on July 14, 2021 and shall be effective until July 14, 2029. For your records, please find enclosed a renewed, updated, and re -issued permit. As requested, a copy of the current operation and maintenance agreement is enclosed. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous permit terms to provide you with a better understanding of your obligations under the permit. The renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved April 12, 2012 will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H .1000 and Session Law 2006-246. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding Operation and Maintenance of the Stormwater Control Measures (SCMs), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, 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 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. Per NCGS 143-215(e), the petition must be filed with 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. J E North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 NOI1'. FE GrJ{UUN?. DeparlmentotEmlronmoM.i�Qua1�1,. 910,433,3300 If you have any questions or concerns, please contact Mike Lawyer at (910) 433-3394 or via e-mail at mike.lawyer@ncdenr.gov. Sincerely, re for Brian Wrenn, Director Division of Energy, Mineral and Land Resources ec: Jennifer Wincklhofer, Senior Project Coordinator — Rhetson Companies, Inc. cc: FRO — DEMLR, State Stormwater Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY 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 Par 5 Development Group, LLC for Dollar General Store — Buffalo Lake Road 55 Buffalo Lake Road, Sanford, NC Harnett County FOR THE construction, operation, and maintenance of the Stormwater Control Measures (SCMs) in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting documents as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until July 14, 2029 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. The SCM has been approved for the management of stormwater runoff as described in the application documents and as shown on the approved plans. The SCM has been designed to handle the runoff from 29,335 square feet of impervious area. 3. The SCM is approved, and must be maintained, to provide 2.Ox the minimum required treatment volume (based on the 1.0" design storm) in order to waive the requirement of providing the 30' vegetated filter strip. 4. The tract will be limited to the amount of built -upon area as described in the application documents and as shown on the approved plans. 5. 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. 6. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted SCM. 7. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. 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. Semi-annual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping, and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 4. Records of maintenance activities must be kept for each permitted SCM. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 5. The permittee shall submit to the Division an annual summary report of the maintenance and 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. The SCM shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 7. 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. 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. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 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 plans. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the permittee for a minimum of eight years from the date of the completion of construction. 13. 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 timeframe 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. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change in ownership, the appropriate form must be completed and submitted to the Division of Energy, Mineral and Land Resources accompanied by any applicable fee, documentation from both parties involved and other supporting materials as may be appropriate. The project must be in good standing with the Division of Energy, Mineral and Land Resources. 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 of the terms and conditions of this permit until such time as the Division approves a request to formally transfer the permit. Neither the sale of the project area in whole or in part, nor the conveyance of common area to a third party, constitutes an approved permit transfer. 3. Any individual or entity found to be in non-compliance with the provisions of this stormwater management permit. or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 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/or federal), which have 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. Permittee grants permission to Division staff to access the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management system. 7. 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 permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the SCM must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 Session Law 2006-246, Title 15A NCAC 02H .1000, and NCGS 143-215.1 et. al. 11. The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days of 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. 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). Permit renewed and reissued this the 14th day of July 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r f an Wrenn, Di ct Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission State Stormwater Management Permit SW6120306 Permit Number: SW 6I Z o 5 CAS' (to be provided by DWQ) Drainage Area Number: I Infiltration Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW40 1 -Infiltration Basin O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW40 1 -Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: �t'✓� t 2 0 3 O 6 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Dollar General Store - Buffalo Lake Road BMP drainage area number: Print name:Brian Clodfelter Title:Member Manager (Par 5 Development Group LLQ Address:2860-B NC 5 Highway Aberdeen NC 28315 _ Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, �21-CCA Pi 'WaA , a Notary Public for the State of County of do rt. , do hereby certify that PVLLw CADC� �(-1►/ personally appeared before me this 2 day of TCb , 20 12, , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, C,A�PIT�ii����� ty r Notary Public Moore County =My Commisslon Expires_ 06/19/2016 CiA�O\� SEAL My commission expires LO " ' -d'C) Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3