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HomeMy WebLinkAboutSW8950821_CURRENT PERMIT_20211115STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 g5082-1 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202 i t 15 YYYYMMDD f ROY COOPER Governor ELUMETH S. BISER S--y BRIAN WRENN Director November 15, 2021 Lumina Station Commercial, LLC Attn:. Chad Carlson, Vice President 8806 Marina Parkway Myrtle Beach, SC 29572 Subject: Permit Renewal State Stormwater Management Permit No. SW8 950821 Lamina Station New Hanover County Dear Mr. Carlson: The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on November 10, 2021. The Division is hereby notifying you that permit SW8 950821 has been renewed on November 15, 2021, and shall be effective until October 17, 2027. For your records please find enclosed a renewed, updated,.and re -issued permitanda copy of the renewal application. 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 terms to provide you with abetter understanding of your obligations under the permit. The renewal and reissuance 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 on October 17, 1995 and most recently transferred on September 4, 2015, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. Tbis permit is subject to the conditions and limitations as specified therein Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), 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 adjridicatory 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 Yomshould 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=67,14, or via telephone at 919-431-3000, or visit their website at www.NCOAR.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleymsmith@ncdenr.gov. Sincerely, C:D,�,,....t. XBrian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: O & M Agreement Attachment C — Permitting History Renewal Application Documents DES/ams: \\\Stormwater\Permits & Projects\ 1 995\950821 HD\2021 11 permit 950821 cc: NCDEQ-DEMLR Wilmington Regional Office DNorth Carolina Department of Environmental Quafity I Division of Energy, Mineral and land Resources `✓ W1n*vmn Regional office 1127 Cardmal Drive Extension I WUrrungtom North Carolina 28405 °°""^�\ �' 910.796.7235 State Stormwater Management Systems Permit No. SW8 950821 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 Lumina Station Commercial, L.L.C. Lumina Station 1900 Eastwood Road, W1Imington, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until October 17, 2027 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 1 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 in this permit. The stormwater control has been designed to handle the runoff from 122,500 square feet of impervious area. 3 The tract will be limited to the amount of built -upon area indicated in 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. 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. Page 1 of 5 State Stormwater Management Systems Permit No SW8 950821 C� The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. b. C. d. Drainage Area, acres: Onsite, ft2: Offsite, ft2: Total Impervious Surfaces, ft2: Design Storm, inches: Pond Depth, feet: TSS removal efficiency: Permanent Pool Elevation, FMSL: Permanent Pool Surface Area, ft2: Permitted Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 4.48 195,536 0 122,500 1 7.5 90 10.5 3,940 13,039 13 1.5"0 pipe UT Wrightsville Rec. Area / CPF24 18-87-24 "SB #" 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 time provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in 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. Mowing and re -vegetation 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 outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 6. 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. 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 Page 2 of 5 State Stormwater Management Systems Permit No SW8 950821 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. 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. 10. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are provided documenting the permeant pool volume is greater than 30,000 cubic feet. 11. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 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. , III. GENERAL CONDITIONS 1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. 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, Page 3 of 5 State Stormwater Management Systems Permit No. SW8 950821 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. 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. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 6. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 5 State Stormwater Management Systems Permit No SW8 950821 Permit renewed, updated and reissued this the 15th day of November 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l ckVt lAto M I C%.Y Brian Direct0 Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Lumina Station Permit No. SW8 950821 Approval Date Permit Action BIMS Version Description of the Changes 10/17/1995 Original Approval 1.0 1/30/2008 Renewal 2.0 9/4/2015 Transfer 2.1 From Lumina Station Parmers, LLC to Lumina Station Commercial, LLC 11/15/2021 Renewal 3.0 Permit NA 5N9950821 1var I.)FITINTION BASIN (.> ERATION AND NIAIN-fl'.NANCIr, AURI?IiN1GNIT N'lainlenance activities shall he pu(itrmed as follows: . ,Alta every iigni icaril mnoif pmducnig rainfall evcnl and at Icaat mmnthk a. Inspect the trot doentlon basin system fa+ sadiment accunnitntion erosion. Irish accumulation, vegetated corar, and geneial condition. b. Check and clear the orifice of any obsnuctions such that draudown 0f the lempotary puol occurs Within 2 to 5 days as designed 2 Repair eroded areas immediately. re-sacd as necessary to maintain good vegetative; cover, snow vegetative cover to maintain a maximum height of six inches, and remove trash as needed 3. Inspect and rcpa,.r the collection system (i.e. catch basins, piping., swales, riprap, etc.) quarterly t0 maintain proper functioning. 4 Rmnovc accumulated ad "ell from the wet detention basin .sysu:m semi-annually or when depth is Ieduced IQ a/o of the ongmal design depth (sec diagram below) Removed sediment shall be disposed of in an appiopnalr manner and shall be hanTed in a numnei That will non advcisely impact water quality (i c sieckpilmg near it wet detention basio of aurun, etc ) The iucasuling device used to determine the sediment clevatinn shall be such that h will give an accurate depth reading and not readily penetrate iuto acctunulatcd scduucros. whin the pcnruncnt pool depth reads 5.63 U tic,, the pennvtem pool depth reads N/A .i N/A Or in the main pond, the sediment shall he rantoved. feet in the fotebac, the sediment shrill be removed. BASIN DIAGRAIN1 /!/ill +n dw blmkl Pconancw Not Vic''anon 10.50 titdum ni Runm,d lilcvn ":l 4.87 ttolWm P.Ic\nriun 3.00 MAIN Moult Remove c:anails and whet miligen0us Welland Mails whctlllwy co+ci 50"64 of the hasin surface'I Ilea t+ianl� shell be 11) rilonp, the ee)2ctatc0 bhclhand fwohay brlin /�. It ihu hj+ nl nni}i ho dia+ned lor;m cinelrcney or to pcl ihun Inainteanuirc, the floshing oftaAmien; through the enuugeney drain shall be mioimi>ed to the mm.innim cvicnl pfnclitail. :111 colnponc(I is of the ti'el detcnlion basin :.vslcm shall be mninlained in good lvoi I, III,, order. S Kenxrvc all true; and heasv %rood) vegclanon from the basins and dike %valIs I ackno%k ledgc and agree by my siguIII te below Ihat I am responsible for the perfonnancc of the seven maintenance procedures listed above. I agree I notify DWQ of any problems mitII the s\";IcIII or prior to :ul\ changes to 111c system or responsible party - print none: Joel Tomaselli Itllc: Member -Manager Addmss: 1900 Eastwood Road, Suite 10, Wilmington, NC 28403 plr;y�e. (910) 6-556 Srenatmu' N,qc The Icralk rc>pom,ble pnnc tihaold nor he n honmownon a•aouatmn unless more thad `0%of the loss have burn Sold and a no¢I<m of ncc wbdi'ision has hrdn mimed the pwsulcnt it Notaly Public for the sulic of noI'��\( Q/IArlc' Counry ot_QJ•Q.I Brio bcrehy certify that pelsomtlla nppcarcd before me this _1 day of �.fif-- �Qp'��and acknowledge the clue cyrcullr o of the fo;pirin 1 %1TI dcicnlion ha,m maimer___i,"i ircc `ee(lillillire�ntenu Willies m_v hand :tncl official seal, Ilift IN, ®m :�. pu®tic •��: ....... cP:` \qs commis' -.ion c•sptfc� -._.. NAlo. DEMLR USE ONLY Dale Received Fee Paid Permit Number I 5` .' va ;MA NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM 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 8 years per Session Law 2011-398 (SB 781) Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION State Stormwater Permit Number: 2. Project name: 50 3. Project street a/dd, rgss: 1J u 6132 3 &CI City: WiIN�WC,4-O'd County: YEW 0 C✓ ZIP: �`�03 4. What, if any, changes have been made to the project as permitted? Al 061 If the project has changed from the original approved plans, please complete SWU-101 fora Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energv- m i n eral-I a n d-resources/energv-m i n e ra I -I a nd-rules/stormwate r-program/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/about/divisions/energv-mineral-land- resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. c 1 I /�' 1. Current Permit Holder's Company Name-/1Orga/n�ization: Lwow SdAJj Qmm t/Clo-1 L. L. C ° 2. Signing Official's Name: CA" CVy—/SJ.Y 3. Signing Official's Title: Jl CC Ares, �W,r 4. Mailing Address: 0 J 1� 4V,t rvA PArk wtx City: it, 4,C tLt Z tAtk State: rc zip: 23,�2 2- 5. Street Address: _Sbw-�(. &J Ads✓t City: State: ZIP 6. Phone: (�q,3) 6N(J 4gob Email: ChOd. C ( J' A. GJ NOV 10 2021 By: 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 HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial ach item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. ✓✓// 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; 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. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or 1 do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Dgi"gner 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. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration d ILOEb 11U r_ i f P10V 10 2021 �L BY: Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'SCERTIFICATION I, C_-J(ird Ctii/So"i 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 a d ete. Signature: �� i Date: %/ /Z /2-/ NOTARIZATION: I, 6 tril ev- A Wt ldon a Notary Public for the State of 60"h;l Cavolin2 County of I io u do hereby certify that Chad E- Ca*ISirvt personally appeared before me tb441112141., z ^d day of fJoVe vtbt r 20 21 and acknowledge the due V0tar public C forgoing instrument. Witness my hand and official seal, expires 02.Iq.Yo24 OF z: C z � -V; - A L­ ; NOV 10 2021 BY: Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 21/19/1997 17:29 9107695631 TRIPP ETIGrhEMING I (nine Station 5tormwater Project No. 950821 New Hanover County FmOneces Certification JY 9560 Slate smoxmwatff Maaagmar SjEMW Permit No. sm 950921 I, PhIl ip G. Trivo as a dUly registered Professional Eugin0er in the Stale of North Carolinn, having he= aut Karzcd to observe gmrkx Wy/were) the eon=mcdm of the project, n • 1 : •: for Luming Station E=LRare, L.L. c. (Prgject Owner) hereby state that, to the best of my aht7ities, due care and diligence was used in the observation of the project consttoctIm such that the conshuction was observed to be built within substantial compliance and intent of the approved playas and speciacathom. • iau� �I t�l ► :.v :�. n • � un i Dare 11/18/97 M 11/19/97 17:41 TX/RX N0.2349 P.002