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HomeMy WebLinkAboutSW7080106_Modification_20110209wa�ZD MCDENR Borth Carolina Department of Environment and Natural Beverly Eaves Perdue Governor Mr. Danny Whaley, Vice President Carolina South Builders, Inc. 166 Center Street Jacksonville, NC 28546 Dear Mr. Whaley: Division of Water Quality Goleen H. Sullins Director February 9, 2011 Resources Dee Freeman Subject:Stormwater Permit No. SiW7080106 Modification Heritage Farms — Section Two Low (Density Subdivision Permit Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for modification to SW7080106 Heritage Farms — Section Two on January 10, 2011. 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. SW7080106 dated February 9, 2011, 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required.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 either Roger Thorpe or me at (252) 946-6481. S� erely,1 Regional Supervisor Surface Water Protection Section cc: Thomas Engineering, P.A. Craven County Building Inspections , AVashington Regional Office North Carolina Division of Water Quality Intemet nzc1e.ncerateraualitN'.ure 943 Washington Square Mail Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NofthCaQt B jH An Equal OpportunilylAffirmative Action Empbyer-50%Recycled110% Post Consumer Paper )Mawrr'yllff DEPARTMENT OF ENVIRONMENT AND NATURAL DIVISION OF WATER QUALITY 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 Carolina South Builders, Inc. Herataage Forans — Section Two Craven County FOR THE construction, operation and maintenance of a 25% low density subdivision 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. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: Each of the 83 lots is limited to a maximum square footage of built -upon area as listed in Attachment A of this permit and as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25% or less. 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 foot 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. All roof drains must terminate at least 30' from the mean high water mark. II, SCHEDULE OF COMPLIANCE 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. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. 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 lots. 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. 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 11.11 of this permit. 10. 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. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stonmwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080106, 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. The maximum built -upon area per lot is as listed in Attachment A of this permit. 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. 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. I Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions,the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. 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. 15. 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. 16. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 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 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except alter 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. 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. 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 storxnwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 9 th day of February 2011. NORTH gAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission SW7080106 r A $ v c, is m -Q, J3 f-- /4 5'Lv7c"30i() HeH�e Farms - 5ectlon Two Allowable Built -Upon Area Tabulation Lot Count Lot # Lot Area (ac) Lot Area (5f) BUA (5f) Imp 1 24 0.45 15525 4400 22.54% 2 25 0.52 22542 5100 22.G2% 3 2G 0.41 18000 4100 22.78% 4 27 0.35 15300 3500 22.88% 5 28 0.35 15300 3500 22.85% G 29 0.35 15300 3500 22.88% 7 1 30 0.35 1 15300 3500 22.88% 8 31 0.35 15300 3500 22.88% 9 32 0.33 14277 3300 23.1 1 % 10 33 0.4G 2000O 4G00 22.53% 1 1 34 0.99 43223 9800 22.G7% 12 35 0.52 22790 5200 22.82% 13 3G 0.53 23294 5300 1 22.75% 14 1 37 0.34 1 15015 3400 22.G4% f 5 38 0.3G 15774 3G00 22.82% 16 39 0.3G 15GG3 3000 22.08% 17 40 0.3G 15551 3G00 23.15% 18 41 0.35 15440 3500 22.G7% 19 42 0.35 15332 3500 22.83% 20 43 0.42 1539G 4200 22.83% 21 1 44 0.47 20G25 4700 22.78% 22 45 0.4G 20097 4000 22.89al. 23 4G 0.4G 20097 4G00 22.83% 24 47 0.45 19797 4500 22.73% 25 48 0.42 18441 4200 22.78% 2G 49 0.35 15353 3500 22.75% 27 50 0.3G 15820 3G00 22.74% 28 51 0.39 I G773 3800 22.GG% 29 52 0.54 234G4 5300 22.53% 30 53 0.99 42035 5700 22.59% 31 54 0.G4 27095 G300 22.75% 32 55 0.47 2047G 4700 22.95%a 33 5G 0.57 25012 5700 22.79%a 34 57 0.39 17032 3900 22.90%a 35 58 0.43 1 18035 4300 22.70% 3G 59 0.44 19303 4400 22.79% 37 GO 0.44 15300 4400 22.80% 38 G 1 0.GO 2GO7G 5900 22.G3% 39 G2 0.45 19G53 4500 22.30% 40 G3 0.44 19085 4300 22.53%a 41 G4 0.5G 24494 5000 22.8G% 42 GS 1 0.48 1 21048 4500 22.81 % 43 66 0.45 19700 4500 22.84% 44 67 0.37 1597G 3600 22.53% 45 68 0.36 1589G 3600 22.65%a 46 69 0.49 21381 4900 22.92% 47 70 0.57 24883 5700 22.91 % 48 71 0.57 24655 5600 22.7107o 49 72 0.40 17425 4000 22.3G% 50 73. 0.40 17425 4000 22.9G% 51 74 0.50 21681 4300 22.GO% 52 75 0.59 25594 5800 22.GG% 53 76 0.61 26554 6000 22.GO% 54 77 0.40 17G 1 8 4000 22.70% 55 78 0.40 17609 4000 22.72% 56 79 0.40 17563 4000 22.78% 57 80 0.44 18993 4300 22.64%a 58 81 0.35 15055 3400 22.54% 59 82 0.35 15003 3400 22.53% 60 83 0.35 15101 3400 22.52% 61 84 0.35 15108 3500 23.17% 62 85 0.35 15116 3500 23.15% 63 86 0.39 16966 3900 22.90% 64 87 0.35 15300 3500 22.88% 65 88 0.42 18210 4100 22.52% 66 89 0.36 1584G 3600 22.72% 67 90 0.40 17328 3900 22.5 1 % 68 91 0.51 22164 5000 22.5G% 69 92 0.44 19106 4400 23.03% 70 93 0.59 25535 5500 22.71 % 71 94 0.50 25517 5800 22.73% 72 95 0.59 25522 5800 22.73% 73 96 0.56 24471 5000 22.88% 74 97 0.65 28378 G400 22.55% 75 98 0.58 38305 8700 22.71 % 76 99 0.GO 2GO77 5900 22.63% 77 100 0.43 1873G 4300 22.95% 78 101 0.40 17325 3900 22.5 1 % 79 102 0.44 19000 4300 22.55% 80 103 0.35 15300 3500 22.55% 81 104 0.35 15300 3500 22.85% 82 105 0.36 15480 3500 22.6 I % 83 106 0.42 18445 4200 22.77% fotal5 38 1 G4 1 343 373500 22.77%