HomeMy WebLinkAboutSW7090224_Final Permit_20090327In)a�2D
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 27, 2009
Mr. Rich Olson, City Manager
City of Elizabeth City
PO Box 347
Elizabeth City, NC 27909
Subject: Stormwater Permit No. SW7090224
South Park Athletic Complex
Overall Low Density Commercial Development
with an Area of High Density
Dear Mr. Olson: Pasquotank County
The Washington Regional Office received a complete Stormwater Management Permit
Application for South Park Athletic Complex on February 26, 2009 and an additional
information on March 24, 2009. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Session
Law 2008-211 and Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW7090224,
dated March 27, 2009, for the construction of the subject project.
This permit shall be effective from the date of issuance until March 27, 2019, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system 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.
If you have any questions, or need additional information concerning this matter, please
contact Samir Dumpor, or me at (252) 946-6481.
4inceJ,,,,,
Ho
Regional Supervisor
Surface Water Protection Section
AH/sd: S:\WQS\STORMWATER\PERMIT\SW7090224
cc: Jeff Ashbaugh, Site Solutions (2320 West Morehead Street, Charlotte, NC 28208)
P�asquotank County Inspections
,,-Washington Regional Office
Central Files
North Carolina Division of Water Quality Intemet: www ncwatewuality ore
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
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State Stormwater Management Systems
Permit No. SW7090224
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
OVERALL LOW DENSITY COMMERCIAL DEVELOPMENT
WITH AN AREA OF HIGH DENSITY
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
City of Elizabeth City
South Park Athletic Complex
Pasquotank County
FOR THE
construction, operation and maintenance of an overall low density commercial
development with a wet detention pond in compliance with the provisions of Session
Law 2008-211 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 March 27, 2019 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
The built -upon area percentage for the low density portion of this project must be
maintained at 24% per the requirements of Session Law 2008-211 and 15A
NCAC 2H .1000. This project is permitted for a maximum of 138,956 square feet
of BUA (for both Low Density and High Density portion of this project).
The stormwater systems proposed to treat the runoff generated by the
designated high density areas have been approved for the management of
stormwater runoff as described in Section 1.6 on page 3 of this permit.
4. This project will maintain a minimum 50 foot wide vegetated buffer between all
impervious areas and surface waters.
Within the low density portions of the permitted project, 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 as
shown on the approved plan.
Page 2 of 8
btate btormwater management bystems
Permit No. SW7090224
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a.
b.
C.
d.
e.
f.
9•
h.
i.
k.
I.
m
n.
o.
P.
q.
Drainage Area, ftZ: 253,519
Total Impervious Surfaces, ftz: 113,256
Average Pond Design Depth, feet: 3.09
TSS removal efficiency: 90%
Design Storm: 1.5"
Permanent Pool Elevation, FMSL: 5.50
Permitted Surface Area @PP ft2: 42,479
Permitted Storage Volume, ft 14,326 at temporary pool
Storage Elevation, FMSL: 5.85
Predevelopment 1 year 24 hr, ft3/s: 0.25
Post development 1 year 24 hr, ft3/s: 0.49
Controlling Orifice: YO pipe
Permanent Pool Volume, ft3: 131,376
Forebay Volume, ft3: 28,583
Receiving Stream / River Basin: Pasquotank River/Pasquotank Basin
Stream Index Number: 30-3-(12)
Classification of Water Body: "SB"
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.
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.
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.
4. 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.
5. The runoff from all built -upon area within the drainage area of the high density
portion of the project, must be directed into the permitted stormwater control
system.
6. Within the low density portions of the permitted project, all roof drains shall
terminate at least 50 feet from the mean high water mark of surface waters.
7. 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.
Page 3 of 8
State Stormwater Management Systems
Permit No. SW7090224
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 or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
8. The Director may determine that other revisions to the project should require a
modification to the permit.
9. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
must be recorded showing all such required easements, in accordance with the
approved plans.
10. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
11. 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.
12. 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.
13. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
14. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
15. 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 and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
16. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
17. 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
Page 4 of 8
Oieie oivnnwami iviaiiayGnicrn OybLWIRS
Permit No. SW7090224
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
18. 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.
19. 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 SW7090224, 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. This project is permitted for a maximum of 138,956 square feet of built -
upon area. Construction of additional built -upon area in excess of this
amount will require a permit modification.
g. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification prior tc
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.
j. The built -upon areas shall be located a minimum of 50 feet landward of all
perennial and intermittent surface waters.
20. 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.
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, along with the applicable documents 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.
Page 5 of 8
State Stormwater Management Systems
Permit No. SW7090224
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. 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.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
10. 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 the completion of
construction.
11. 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 2008-
211, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al.
12. This permit shall be effective from the date of issuance until March 27, 2019.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Permit issued this,the 27th day of March, 2009.
NA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 8
aia[e 0T0HTIWalel IVIallalYUIIlt7IIL 0yOleiii,
Permit No. SW7090224
South Park Athletic Complex
Stormwater Permit No. SW7090224
Pasauotank County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8
State Stormwater Management Systems
Permit No. SW7090224
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Pasquotank County Building Inspections
Page 8 of 8