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HomeMy WebLinkAboutSW5221201_Cover Letter & Permit_20230310 NC Dept of Environmental Quality ROY COOPER Governor - ELIZABETFI S.BISER �,. JUL I i, yf j Secretary DOUGLAS R.ANSEL NORTH CAROLINA interim Director Environmental Quality Raleigklwq�}OM e Town of Princeville Attn: Dr. Glenda Knight—Town Manager PO Box 1527 Princeville,NC 27886 RECEIVED Subject: State Stormwater Management Permit No. SW5221201 Princeville Farmer's Market MBAR 2 8 2023 Low Density Project Edgecombe County DEM-Stormwater Program Dear Dr. Glenda Knight: The Washin on Regional Office received a complete State Stormwater Management Permit Application or the subject project on December 20, 2022. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW5221201 dated March 10, 2023, for the construction of the built-upon areas (�BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required.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 adaudicato hearing by filing a written petition with the Office of Administrative Hearin s (OW The written petition must conform to Chapter 150B of the North Carolina Genera 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 reardu>g the tl>ng fee {if a filing fee>s required) and/or the details of the filing process at 6714 Mail Service Center, Raleiggh,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 Carl Dunn in the Washington Regional Office, at(252) 948-3959 or carl.dunn Cmncdenngov. Sincerely,,.) William Carl Dunn, PE Division of Energy, Mineral and Land Resources Enclosures: Attachment A—Designer's Certification Form Application Documents cc! William Larsen,PE—The Wooten Company(wlarsen(q,thewootencompany.com) Edgecombe County Planning—Katina Braswell(20I St. Andrew Street,Tarboro.NC 27886) Washington Regional Oft'ice Stormwater File REQ, North Carolina Department of Environmental Quality; Division of Energy.Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington,North Carolina 27889 IQ `./ 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW 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 021-1.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Town of Princeville Princeville Farmer's Market 425 Mutual Blvd, Princeville, Edgecombe County FOR THE construction, management, operation and maintenance of built-uppon area (BUA) for a 24% low density project (the "low density area") discharging to Class on waters as outlined in the application, approver] stormwater management plans, supplements, 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 parts of this permit. This permit shall be effective from the date of issuance until rescinded 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, 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 ppermit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in 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 69,937 square feet. The BUA requirements and allocations for this project are as, follows: a. LOW DENSITY AREA BUA LIMITS. The low density area,also referred to as Drainage Area 1 in the approved plans and specifications, must not exceed 24% per the requirements of the stormwater rules. Within Drainage Area 1, this permit approves a percent BUA of 5.7% and the construction of a total of 41,086 square feet of BUA. Drainage Area 1 does not include any allocation for future BUA. b. REDEVELOPMENT(Drainage Area 1).The redevelopment portion of this project is exempt from permitting requirements under the following conditions: i. The project must be constructed as shown on the submitted plans. ii. The redevelopment area includes a total proposed BUA of 28,851 square feet,which does not exceed the existing BUA of 28,851 square feet.The 28,851 square feet of total allocated BUA includes 28,851 square feet of existing BUA that will remain and does not provide for any future allocated development. iii. The proposed stormwater controls vegetated sheet flow and infiltration, provides equal protection of surface waters as the existing stormwater control,which is vegetated sheet flow and infiltration. 2. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area 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 low density area and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads is allowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 3. STORMWATER OUTLETS.This project does not propose any discharge points and therefore will not have the opportunity to cause erosion during the 10-year storm event 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 to 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 or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles,signs, utility appurtenances, and security lights that cannot practically be located elsewhere. S. 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 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. 6. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved fans 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 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 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 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, 457 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. 7. 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. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment-Erosion Control devices are no longer needed. b. FINAL GRADING.The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized,the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. 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. In the event that the low density area fails to meet the requirements of low density, 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. 10. 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. 11. 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) HH 1045(2) and must be submitted upon occurrence of anyone 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 SS-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. 12. 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 within each drainage area and 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 ofthis permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents,and specifications shall be maintained on file by the permittee at all times. c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection,operation, maintenance'and repair as shown on the approved plan d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. 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. f. 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. g. 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. h. 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 10th day of March 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Douglas Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW5221201 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 for Low Density Projects 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. AS-BUILT PE MITTEE 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. ❑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 Dame .,_ Signature I, .a Notary Public in the State of County 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 . ._ F Permittee's Certification NCAC.1042(4) Completed N/A A. DEED RESTRICTIONS/BUA RECORDS 1. The deed restrictions an protective covenants have been Y or N recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. Tcopy of the reco-rd6a deedrestrictions and"protective Y or N covenants has been provided to the Division. 3. Records which track the BUA on each are being ke5t. See Y or N Note 1 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 co ection— y or N —_...conveyance system 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 Y or N have an SCM include the following: 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 Y or N forth in NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The 0&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with a Register of Deeds and Y or N apRears in the chain of title. F. OPERATION AND MAINTRIMCE P -maintenance records are being kept in a known set location for each SCM and are available for Y or N review. IGNEWS CERTIFICATION FORK=Tias been prov;ffled tote Y or N Division. Note 1 Acceptable records include ARC approvals,as-built surveys,and county tax records. Provide an explanation for every requirement that was not met, and for every"N/A" below. Attach additional sheets as needed. f AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROTECTS 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 15A NCAC 02H.1003,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 or phase ❑Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H.1044(3). ❑Check here if the Designer did not observe the construction but is certifying the project ❑Check here if pictures of the project are provided. Printed Name Signature NC Registration Number Date SEAL: Consultant's Mailing Address: City: State: Zip: Phone:,L—) 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 3. ©N/E=Not Evaluated(provide explanation on page 2). ©N/A-Not Applicable to this project/plan. Consultant's Certification(MDC 15A NCAC 02H.1003) Project Density and Built-Upon Area OAs-built ©N/E ®N/A 1. The project has areas of high density based on natural drainage Y or N area boundaries,variations in land use or construction phasing. 2. The project's built-upon area does not exceed the maximum limit Y or N specified in the permit Dispersed Flow OAs-built ON/E ®N/A 1. The project maximizes dispersed flow through vegetated areas Y or N and minimizes channelized flow. Vegetated-Conveyances (DAs-built ®N/E ONIA 1. Stormwater that is not released as dispersed flow is transported Y or N by vegetated conveyances. 2. The project has a minimal amount of non-vegetated conveyances Y or N to reduce erosion. 3. Other than minimal piping under driveways and roads,no piping Y or N has been added beyond what is shown on the approved plans. 4. Side slopes are no steeper than 3H:1V. Y or N 5. The conveyance does not erode in response to the peak Flow from the Y or N 10-year storm. Curb outlet systems(If applicable) OAs-built ®N/E ®N/A 1. The swale or vegetated area can carry the peak flow from the Y or N 10-year storm at a non-erosive velocity. 2. The longitudinal slope of the Swale or vegetated areas does not excee Y or N 5%. 3. The swale has a trapezoidal cross-section and a minimum bottom wic Y or N of two feet. 4. The minimum length of the swale or vegetated area is 100 feet. Y or N S. Side slopes are no steeper than 3H:1V. Y or N 6. The project utilizes treatment swales designed per Section.1061 Y or N in lieu of the curb outlet system requirements. Vegetated Setbacks(if applicable) OO As-built ®N/E ®N/A 1. The width of the vegetated setback is at least 30'. Y or N 2. The width of the vegetated setback has been measured from the nor pool of impounded waters,the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is locate Y or N in the setback. 5. BUA that does NOT meet the requirements of NCGS 143-214.7(b2)(2 located within the setback and is limited to: • Publicly-funded linear projects(road,greenway,or sidewalk) Y or N • Water dependent structures • Minimal footprint uses such as poles,signs,utility appurtenances,and securi lights. 6. The amount of BUA within the setback is minimized,and Y or N channeling of the runoff from the BUA has been avoided. 7. Stormwater is not discharged(via Swale or pipe)through a vegetated setback.Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. Outlets (DAs-built ON/E ®N/A 1. Stormwater outlets do not cause erosion downslope of the Y or N discharge point during the peak flow from the 10-year storm. Variations OAs-built ON/E GN/A 1. The project has variations from the MDC that were not previously Y or N approved.(Modification maybe required.) Deed restrictions(if applicable) OAs-built ®N/E GN/A 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit,approved plans,and specifications. For Subdivisions Only(Residential or Commercial) (DAs-built ®N/E ®N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y or N plan. 4. The width/radius of streets,paved accesses,cul-de-sacs and sidewal Y or N is consistent with the approved plan. 5. No piping,other than those minimum amounts needed under a Y or N driveway or under a road,has been added. 6. The lot grading,road grading,vegetated conveyances,piping, Y or N inverts,and elevations are consistent with the approved plans. Provide an explanation below for every MDC that was not met,and for every item marked"N/A"or "N/E."Attach additional pages as needed. 4