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HomeMy WebLinkAboutSW7070902_Modification_20200306ROY COOPER Governor MICHAELS.REGAN Secretary BRIAN WRENN Acting Director Mr. Bruce Carlson 28390 Black Rd. Princess Anne, MD 21853 Dear Mr. Carlson: NORTH CAROLINA Environmental Quality March 6, 2020 MODIFICATION FOR Subject: Stormwater Permit No. SW7070902 Lancaster Landing Low Density Stormwater Project Beaufort County The Washington Regional Office received a stormwater permit application for the subject project on October 22, 2019. After discussions with your consultant, a revised plan for a low density permit was received on February 11, 2020. 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. SW7070902, as modified, dated March 6, 2020 for the construction of the subject project. This permit modification replaces the previous stormwater permit issued November 27, 2007, and shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. 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, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, {z-Samir Dumpor, PE Regional Engineer cc: WARO ec: mupeedin(a)ibxengineering.com D _EQIZ Noi th Carolina Department of Environmental Quality I Division of Eno gy, Mineral and Land Resources Washington Regional Office l 943 Washington Square Mall l Washington, North Carolina 27889 K6fR.'CNt NA 6v-- 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STORMWATER MANAGEMENT PERMIT LOW 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 kegulations PERMISSION IS HEREBY GRANTED TO Landcaster Landing, Inc. Mr. Bruce Carlson FOR THE construction, operation and maintenance of a low density project 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 Energy, Mineral, and Land Resources (Division) and considered a part of this permit for the Lancaster Landing project located at 577 Hoff Road, Belhaven, NC. This permit replaces the previous stormwater permit issued November 27, 2007, and shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS This permit is for the construction of 0.96-acres of impervious area, including a Marina Clubhouse, Bath house, parking and a 20-ft stone access road on a 68.21-acre tract. 2. The overall tract built -upon area percentage for the project must be maintained at or below 24%, as required by Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit and shall be kept on file by the permittee at all times. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 2. 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. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7070902, as issued by the Division of Energy, Mineral, and Land Resources under 15A NCAC 2H.1000. 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 Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. The maximum built -upon for the current phase is 0.96-acres. 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, brick, stone, slate, and coquina, but does not include raised open wood decking, or the water surface of swimming pools. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division. In. Construction of additional impervious areas such that low -density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. The built -upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modifications 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 the project area in whole or in part. 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 any vegetative conveyance shown on the approved plan. 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. 9 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10 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 re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 12. 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 This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 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 NCAC 21-1.1000 of the North Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina General Statute 143-215.1 et. al. 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 the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DEQ Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 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 swales 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 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. 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. Permit issued this the 6 th day of March 2020, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J" -""- ----------------------------- for Brian Wrenn, cting Director Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No. SW7070902 Project Name Project Location Lancaster Landing 1 off Rd, Belhaven NC 27810 K4%.-Z1 v i. •�� Maintenance records shall be kept on the following BMP(s). I his maintenance record shall be kept in a log in a known set iocatio Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that Bioretention Cell Dry Detention Basin Grassed Swale Green Roof Infiltration Basin Infiltration Trench Level Spreader/VFS Permeable Pavement Proprietary System Rainwater Harvesting Sand Filter Stormwater Wetland Wet Detention Basin Disconnected Impervious Area User Defined BMP O&M tables will Quantity: Quantity: Quantity: Quantity: Quantity: Quantity: Quantity: Quantity: Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): RECEIVED EES 11 N10 I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Signature: • Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: 1 -✓1 to fa�irht ITCH s G Lgnc(iK .., Ne R Vt �svc 2-+88 Date: 2 e? 4!�Z � 1 a Notary Public for the State of KaY4\ OCL a)( t n 0' . County of 74�ls ra ., �u(-\ , do hearby certify that --bmee e. CQY �5rm Z-G..C-z personally appeared before me this a�day of 'Qu(�• ,-`� (Z and q acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and o l &+�vasrB al, _e\\� a MAI _% #•_ U GBaa�� "ee01•••'4v�y commission expires 01 - zilJ- aoaa STORM=EZ 8/28/2018 Version 1.4 O&M Manual Page 1 of 1 Grassed Swale a ntananca RBpu rements Important maintenance procedures: The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed swale. After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed swale. The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The entire length of the Trash/debris is present. Remove the trash/debris. swale as of bare soil and/or Regrade the soil if necessary to remove the gully, and then re -sod (or erosive gullies have formed. plant with other appropriate species) and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams the bottom of the swale. or BMPs. Re -sod if necessary. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. STORM-EZ 3/5/2020 Version 1.4 O&M Manual Page 2 of 2