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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, PE
Director
September 21, 2012
Mr. E. Frank Weaver, III
Diversified Holdings, LLC
350 Wagoner Drive
Fayetteville, NC 28303
Subject: Stormwater Permit No. SW6120804
The Summit, Section Four
High Density Subdivision Infiltration Basin Project
Harnett County
Dear Mr. Weaver:
Dee Freeman
Secretary
The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for The
Summit, Section Four on September 11, 2012. Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and
Session Law 2006 -246. We are forwarding Permit No. SW6120804, dated September 21, 2012, for the
construction, operation and maintenance of the subject project and the stormwater BMPs.
This permit shall be effective from the date of issuance until September 21, 2020 and shall be subject to the
conditions and limitations as specified therein, and does not supersede any other agency permit that may be
required. 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 follow the procedures for
transfer of 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 upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
This project will be kept on file at the Fayetteville Regional Office. If you have any questions, or need additional
information concerning this matter, please contact Robert Patterson at (919) 807 -6375; or
robert.patterson @ncdenr.gov.
Sincerely,
Original signed by Robert D. Patterson
for Charles Wakild, PE
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
cc: SW6120804 File
ec: James M. Kizer, Jr., PE - Moorman, Kizer & Reitzel
Ronald S. Williams - Moorman, Kizer & Reitzel
Mike Lawyer - Fayetteville Regional Office
NorthCarolina
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State Stormwater Permit
Permit No. SW6120804
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Diversified Holdings, LLC
The Summit, Section Four
Next to 76 Copper Loop, Sanford, Harnett County
FOR THE
construction, operation and maintenance of two (2) infiltration basins 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 data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until September 21, 2020 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. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 of this permit. The subdivision is permitted for
30 lots, each allowed a maximum of 6,000 square feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
4. The infiltration basins are designed, and must be maintained, to capture and
infiltrate 2.5x the minimum treatment volume in lieu of providing a vegetated filter
strip and bypass.
5. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
Page 1 of 8
State Stormwater Permit
Permit No. SW6120804
6. The following design elements have been permitted for this
infiltration basin
stormwater
facility, and must be provided in the system at all
times.
Basin A
Basin B
a.
Drainage Area, acres:
18.0
1.32
Onsite, ft2:
674,000
57,500
Offsite, ft2:
110,000
0
b.
Total Impervious Surfaces, ft2:
238,750
19,400
Lot BUA, ft2:
168,000
12,000
Roads /Parking, ft2:
54,250
7,400
Other, ft2:
0
0
Offsite, ft2:
16,500
0
c.
Design Storm, inches:
1.0
1.0
d.
TSS removal efficiency:
85%
85%
e.
Basin Design Depth, feet:
5.5
1.0
f.
Bottom Elevation, FMSL:
402.0
404.5
g•
Bottom Surface Area, ft2:
8,272
3,800
h.
Bypass Weir Elevation, fmsl:
407.5
405.5
i.
Permitted Storage Volume, ft3:
66,973
4,837
j.
Predevelopment 1 year 24 hour:
4.16 cfs
0.30 cfs
k.
Post development 1 year 24 hour:
0.0 cfs
0.0 cfs
I.
Type of Soil:
LaB (loamy sand)
LaB (loamy sand)
m.
Expected Infiltration Rate, in /hr :
2.0
2.0
n.
Seasonal High Water Table, fmsl:
<397.0
<397
o.
Time to Draw Down, days:
3.4
0.56
p.
Receiving Stream / River Basin:
Kiln Branch
/ Cape Fear
q.
Stream Index Number:
18- 20
-13 -4
r.
Classification of Water Body:
"C"
II. SCHEDULE OF COMPLIANCE
No homeowner /lot owner /developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is set up by the permittee to
review plans for compliance with the BUA limit, the plans reviewed must include
all proposed built -upon area. Any approvals given by the Board do not relieve the
homeowner of the responsibility to maintain compliance with the permitted BUA
limit.
4. 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.
5. 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.
Page 2 of 8
State Stormwater Permit
Permit No. SW6120804
6. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, 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 was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of completion of
construction.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. 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.
11. 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.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re- vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of overflow weirs, catch basins, piping,
infiltration media, rip rap aprons, and swales.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept for each permitted BMP. The
records will indicate the date, activity, name of person performing the work and
what actions were taken.
Page 3 of 8
State Stormwater Permit
Permit No. SW6120804
15. The permittee shall submit to the Division of Water Quality an annual summary
report of the maintenance and inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
16. The stormwater treatment system shall be constructed in accordance with the
approved plans and specifications, the conditions of this permit, and with other
supporting data.
17. The permittee shall submit for approval, final site layout and grading plans for
any designated future development area shown on the approved plans, prior to
construction.
18. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW6120804, as issued by
the Division of Water Quality under the stormwater rules.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 6,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right -of -way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished via roof drain gutters, which drain to the street, grading the
lot to drain toward the street, or grading perimeter swales and directing
them into the pond or street. Lots that will naturally drain into the system
are not required to provide these additional measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
19. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp /signature of the Register of Deeds.
20. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
Page 4 of 8
State Stormwater Permit
Permit No. SW6120804
21. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of
Water Quality. The request to modify must include a soils report identifying the
type of soil, the Seasonal High Water Table elevation and the infiltration rate.
Upon the successful completion of a permit modification, the individual lot owners
that request to utilize permeable pavements must submit the necessary forms
and documentation to the permittee and receive approval prior to construction of
the permeable pavement.
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 there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed
Name /Ownership Change Form must be submitted to the Division of Water
Quality, signed by the parties involved, accompanied by supporting
documentation as listed on page 2 of the form. The project must be in good
standing with DWQ. 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 Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143- 215.6A to 143- 215.6C.
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 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 staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re- issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
controls 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 2H.1000, and NCGS 143 -215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
Page 5of8
State Stormwater Permit
Permit No. SW6120804
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 21St day of September, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Original signed by Robert A Patterson
for Charles Wakild, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6of8