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HomeMy WebLinkAboutSW7001206_Final Permit_20010416za� -H s T DIVISION OF WATER QUALITY April 16, 2001 Highland Properties, Inc. Attn: Mr. Larry Gaither 378 Caratoke Hwy Moyock, NC 27958 LA-frTK-t-' Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Subject: Stormwater Permit No. SW7001206 White Horse Station Low Density Stormwater Project Currituck County Dear: Mr. Gaither: The Washington Regional Office received the completed Stormwater Application for the subject project on March 19, 2001. 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. We are forwarding Permit No. SW7001206 dated April 16, 2001 to Highland Properties, Inc. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. 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. 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) Highland Properties, Inc. April 16, 2001 Page Two If you have any questions, or need additional information concerning this -matter, —please contact Bill Moore -at (252) 946-- -- Sincerely, 4, i< A —Jim Mulligan Water Quality Regional Supervisor Washington Regional Office cc: Cu�rrituck County Inspections ashington Regional Office Central Files State Stormwater Management Systems Permit No. SW7001206 STATE OF NORTH CAROLINA OF. ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT 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 Highland Properties, Inc. Currituck County construction, operation and maintenance of stormwater management systems in compliance with the provisions of 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 for grass swales to serve White Horse Station Subdivision located near Moyock, NC. This Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. The following criteria are approved as meeting the stormwater rules for this project: a. The total project area is 174 acres. b. Total impervious area proposed is 52.7 acres. /% C. Total number of single family residential lots is a< d. Allowable built -upon area must be consistent with proposed restrictions submitted in the application by the permittee. 3 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. 3. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road b. That minimum amount needed under driveways to provide access to lots. 7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. In addition, projects in the Neuse River Basin must comply with the Neuse Riparian Buffer Rules. 8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (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. 9. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built -upon area per lot in the following form: "The allowable built -upon area per lot shall not exceed 3.0 acres, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must remain in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." c To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances --(ditches, swales, etc.) associated with the-- development except for average driveway crossings, is strictly prohibited by any persons." 10. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the _approved _plans and specifications. 11. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change of ownership d. Redesign or addition to the approved amount of built -upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 12. 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. II. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: 0 a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal C. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. 3. The permittee shall submit recorded deed restrictions limiting built -upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/ Permittee Certification in accordance with Part I, item 12, within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. C 4. 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 Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 5. The any permittee shall submit to the Director and shall have iv_ed-approval for revised plans, specifications, and ulation-s-prior-to-construction, for those revisions under of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built -upon area proposed regardless of the size of the modification. b.__ Further subdivision of the project area. 6. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. 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. Permit issued this the 16 th day of April, 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7001206 7