Loading...
HomeMy WebLinkAboutSW7071110_Final Permit_20080207Michael F. Easley, Governors William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 7, 2008 NC Parks and Recreation Attn.: Alan Jeffreys 512 N. Salisbury Street Raleigh, NC 27604 Subject: Stormwater Permit No. SW7071110 Merchants Millpond State Park Visitor Center Low Density Stormwater Permit Gate County Dear Mr. Jeffreys: The Washington Regional Office received a complete Stormwater Management Permit Application for the subject project on December 10, 2007. 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. SW7071110 dated February 7, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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 150E 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 either Ernest Odei-Larbi or me at (252) 946-6481. AI Nodge; R Mbnal Supervisor Surface Water Protection Section Washington Regional Office cc: Frank Harmon (706 Mountford Avenue, Raleigh, NC 27603) Gates County Planningffnspection >%Washington Regional Office Central file North Carolina Division of Water Quality hnemet: www.ncwaterqualitv.ore 943 Washington Square Mall Phone (252) 946-6481 Washington, NC 27889 Fax (252) 946-9215 One Natura!!rf An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper State stormwater Management Systems Permit No, SW7071110 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE 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 Regulations PERMISSION IS HEREBY GRANTED TO NC Parks and Recreation Mr. Alan Jeffreys Merchants Millpond State Park Visitor Center Gate County FOR THE construction, operation and maintenance of a low density residential development 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. 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 project is permitted for a maximum of 93,943 square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans. 2. The overall tract built -upon area percentage for the project must be maintained at 30% or less per the requirements of Section .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. 4. Projects covered by this permit will maintain a minimum 30 feet wide vegetative buffer between all impervious areas and surface waters. 5. 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. 6. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access. 7. Roof drains must terminate at least 30 feet from the Coastal Marsh and/or the Mean High Water line 2 State Stormwater Management Systems Permit No. SW7071110 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. II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. 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. 4. 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 any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. S. 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 SW7071110, as issued by the Division of Water Quality under 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 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. Construction of additional built -upon area in excess of 53,943 square feet will require a permit modification. g. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to DWQ and a permit modification must be issued 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. State Stormwater Management Systems Permit No. SW7071110 h. 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. i. A minimum 30' wide vegetated buffer area shall be provided between surface waters and all impervious surfaces. 6. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 7. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. S. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to project site. 9. 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. 10, The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 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, provided that the permittee complies with the requirements of Section H.11 of this permit. 11. Within 30 days of completion of the project, the 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. Any deviation from the approved plans must be noted on the Certification. 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. 13. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 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. 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 21-1.1000; and North Carolina General Statute 143-215.1 at. al. 5. The 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 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 State Stormwater Management Systems Permit No. SW7071110 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 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. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and its components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Per it issued this the 7th day of February 2008. NO TH C R DYNA ENVIRONMENTAL MANAGEMENT COMMISSION -L - > Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission PERMIT NO SW7071110