20230623 - T5CW Stormwater ReportPost-Construction Stormwater Management Systems Permit No. SW8 980236
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Hutson & Nieper Enterprises, LLC. Attn: Louis Nieper, Manager 8232 Market St. Wilmington, NC, 28411 Subject: Permit Renewal Post-Construction Stormwater Management Permit No. SW8 980236 J. Michaels Philly Deli North New Hanover County Dear Mr. Nieper: Effective August 1, 2013 the Post-Construction Stormwater Management 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 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 enforcement of the permit. The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on October 31st, 2022. The Division is hereby notifying you that permit SW8 980236 has been renewed, updated, and re-issued on November 2nd, 2022, as attached. As requested, a copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re-issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until May 8th, 2030 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. 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. 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 Aisia Freeman in the Wilmington Regional Office, at phone # (910) 796-7318 or Aisia.freeman@ncdenr.gov Sincerely, For Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A – Designer’s Certification Form Attachment C – Permitting History Copy of the Renewal Application Documents Copy of the Current Operation and Maintenance Agreement DES/af: \\\Stormwater\Permits & Projects\1998\980236 HD\2022 11 permit 980236 cc: Wilmington Regional Office Stormwater File
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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4. A vegetated filter strip is not required for this pond as it has been designed for a 90% total suspended solids removal efficiency. 5. The tract will be limited to the amount of built-upon area indicated in this permit, and per approved plans. This permit does not provide any allocation of built-upon area for the future development. 6. 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. 7. The runoff from all built-upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 8. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 1.25 Onsite, subject to 15A NCAC 2H.100, ft2: 53,934 Onsite, subject to SL 2008-211, ft2: 516 Offsite, ft2: none b. Total Impervious Surfaces, ft2: 39,426 Onsite, subject to 15A NCAC 2H.100, ft2: 38,910 Onsite, subject to SL 2008-211, ft2: Offsite, ft2: none c. Design Storm: 15A NCAC 2H.1000, inches: 1.0 SL 2008-211, inches: 1.5 d. Pond Design Depth, feet: 5.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 12.5 g. Permanent Pool Surface Area, ft2: 2,835 h. Permitted Storage Volume, ft3: 4,291 i. Temporary Storage Elevation, FMSL: 13.8 j. Controlling Orifice: 1.0“Ø pipe k. Orifice flowrate, cfs: 0.03 l. Permitted Forebay Volume, ft3: 715 m. Fountain Horsepower: N/A, PPV <30000 cf n. Receiving Stream/River Basin: UT to Pages Creek / Cape Fear o. Stream Index Number: 18-87-22 p. Classification of Water Body: "SA" 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 the design condition The signed and approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals.
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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4. A vegetated filter strip is not required for this pond as it has been designed for a 90% total suspended solids removal efficiency. 5. The tract will be limited to the amount of built-upon area indicated in this permit, and per approved plans. This permit does not provide any allocation of built-upon area for the future development. 6. 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. 7. The runoff from all built-upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 8. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 1.25 Onsite, subject to 15A NCAC 2H.100, ft2: 53,934 Onsite, subject to SL 2008-211, ft2: 516 Offsite, ft2: none b. Total Impervious Surfaces, ft2: 39,426 Onsite, subject to 15A NCAC 2H.100, ft2: 38,910 Onsite, subject to SL 2008-211, ft2: Offsite, ft2: none c. Design Storm: 15A NCAC 2H.1000, inches: 1.0 SL 2008-211, inches: 1.5 d. Pond Design Depth, feet: 5.0 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 12.5 g. Permanent Pool Surface Area, ft2: 2,835 h. Permitted Storage Volume, ft3: 4,291 i. Temporary Storage Elevation, FMSL: 13.8 j. Controlling Orifice: 1.0“Ø pipe k. Orifice flowrate, cfs: 0.03 l. Permitted Forebay Volume, ft3: 715 m. Fountain Horsepower: N/A, PPV <30000 cf n. Receiving Stream/River Basin: UT to Pages Creek / Cape Fear o. Stream Index Number: 18-87-22 p. Classification of Water Body: "SA" 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 the design condition The signed and approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals.
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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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. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 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. a. 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, v. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner’s or Property Owner’s Association, subject to the requirements of NCGS 143-214.7(c2); 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. 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. 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
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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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. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 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. a. 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, v. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner’s or Property Owner’s Association, subject to the requirements of NCGS 143-214.7(c2); 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. 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. 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
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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J. Michaels Phill Deli North
Stormwater Permit No. SW8 980236 New Hanover County
I, ______________________, as a duly registered _______________________ in the State of North Carolina,
having been authorized to observe (periodically/ weekly/ full time) the construction of the project,
_____________________________________________________________________
(Project)
for __________________________________(Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: SEAL Signature ____________________________________ Registration Number __________________________ Date _________________________________________
Post-Construction Stormwater Management Systems Permit No. SW8 980236
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J. Michaels Phill Deli North
Stormwater Permit No. SW8 980236 New Hanover County Designer's Certification
I, ______________________, as a duly registered _______________________ in the State of North Carolina,
having been authorized to observe (periodically/ weekly/ full time) the construction of the project,
_____________________________________________________________________
(Project)
for __________________________________(Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: SEAL Signature ____________________________________ Registration Number __________________________ Date _________________________________________