Loading...
HomeMy WebLinkAboutSW8911202_Historical File_20080220Michael F. Easley, Governor A;TFR -0 QG February 20, 2008 Dana Connelly, President Sea Trail Corporation 279 Clubhouse Road Sunset Beach, NC 28468 Subject: Stormwater Permit No. SW8 911202 Rice Mill Subdivision Phase I @Sea Trail Low Density Subdivision Brunswick County Dear Ms. Connelly: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality On March 8, 2004, the Wilmington Regional Office of the Division of Water Quality issued a modified Stormwater Management Permit to you for Rice Mill Subdivision Phase I @Sea Trail. The permit contained several typographical errors in regards to the permit number references, which came to light during a recent records update. On January 10, 2008, the permit was modified to correct those errors. Unfortunately, not all of the errors were caught at that time. The deed restriction statements on Page 4 of 5 of the permit referenced a BUA of 7,000 ft2 per lot, when in fact the permitted BUA for those lots is 6,500 ft2. Attached please find a corrected page 4 of 5. Please remove and discard page 4 of 5 in the January 10, 2008, permit and replace it with the corrected page 4 of 5, attached. All other terms and conditions of the January 10, 2008, permit remain in full force and effect. The permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required.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 sixty (60) 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 either Linda Lewis or me at (910) 796-7215. Sin y, )as Edward Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:IWQSISTORMWATERIPERMIT1911202permitcorrection.feb08 cc: Alan Lewis, East Coast Engineering Linda Fleugel, Town of Sunset Beach Building inspections NCDOT District Engineer Brunswick County Linda Lewis Division of Coastal Management Wilmington Regional Office Central Files "o�hCaro ' a dvatlira, North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterauality..org Fax (910) 350-2004 1-87-7-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 911202 Mod. 12. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 911202 and SW8 940226 , as issued by the Division of Water Quality under NCAC 2H.1OOO. 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. d � f. The maximum built -upon area per lot is as follows: GD t'e� Lots 1-4, 6-32, and 34-41 @6,500 square feet; Lot 5 @7,422 square feet and Lot 33 @8,908 square feet. The 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. i. All roof drains shall terminate at least 30' from the Mean High Water mark. 13. 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. 14. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 15. Prior to transfer of ownership, the project must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 16. The final plats for the project will be recorded showing all required swale easements and common areas, in accordance with the approved plans. Page 4 of 5 W A r4 QG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources IT January 10, 2008 Ms. Dana Connelly, President Sea Trail Corporation 279 Clubhouse Road Sunset Beach, NC 28468 Subject: Stormwater Permit No. SW8 911202 Rice Mill Subdivision Phase I @Sea Trail Low Density Subdivision Brunswick County Dear Ms. Connelly: Coleen H. Sullins Director Division of Water Quality On March 8, 2004, the Wilmington Regional Office of the Division of Water Quality issued a modified Stormwater Management Permit to you for Rice Mill Subdivision Phase I @Sea Trail. The permit contained several typographical errors in regards to the permit number references, which came to light during a recent records update. This letter is to correct those typographical errors. No other changes to the permit are incorporated. The original modification was to update the Master Plan and address the previous violations at Sea Trail. 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. SW8 911202, originally issued March 8, 2004, 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 ad 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, 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 either Linda Lewis or me at (910) 796-7215. Since y, Edward Beck Regional Supervisor Surface Water Protection Section ENB/ad: S:\WQS\STORMWATER\PERMIT\911202.jan08 cc: Alan Lewis, East Coast Engineering Linda Fleugel, Town of Sunset Beach Building Inspections NCDOT District Engineer Brunswick County Linda Lewis Division of Coastal Management Wilmington Regional Office Central Files wile, Carora'na atuy North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterguality.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 911202 Mod. 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 Dana Connelly and Sea Trail Corporation Rice Mill Subdivision Phase I Clubhouse Road, Sea Trail Plantation, Sunset Beach, Brunswick 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: I. DESIGN STANDARDS 1. The project is permitted for 41 lots, each limited to a maximum amount of built - upon area as follows: Lots 1-4, 6-32, and 34-41 @6,500; Lot 5(07,422; and Lot 3@8,908 square feet, as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built -upon area for those lots within the AEC. 2. The Master Plan permit, SW8 940226, reissued on July 17, 2006, allows .for a slightly increased built -upon area for the individual tracts, however, the overall built -upon area percentage for Sea Trail must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. 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 to lots. 4. Runoff conveyances such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 5. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod., 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, per the approved plans 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. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 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 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 or to the drainage area. e. Further subdivision, acquisition or sale of the project area. 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, piping, or altering 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 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. 7. 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. The permittee shall submit the Certification to the Division within 30 days of completion of the project. . 8. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 10. 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. 11. All roof drains must terminate at least 30' from the Mean High Water mark. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod. 12. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 911202 and SW8 940226 , 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. C0 pV,4r The maximum built -upon areip is as follows: Lots 1-4, 6-32, and 34-41 uare feet; Lot 5 @7,422 square feet an @8,908 square feet. The 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. i. All roof drains shall terminate at least 30' from the Mean High Water mark. 13. 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. 14. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 15. Prior to transfer of ownership, the project must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 16. The final plats for the project will be recorded showing all required swale easements and common areas, in accordance with the approved plans. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod.. 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 Qualityy, 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 d 05 modifying the permit, revokin o 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 completed "Name/Ownership Change Form" must be submitted to the Division of Water Quality, accompanied by the appropriate 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 the terms and conditions of this permit until the Division approves the permit transfer. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits or approvals result in revisions to the plans, a permit modification must be submitted. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. The permittee shall notify the Division of Water Quality in writing of any name, ownership or mailing address changes within 30 days. Permit originally issued the 8th day otMarch, 2004. Permit corrected reissued the 10 day of January 2008. NOR CAROLINA RO ENTAL MANAGEMENT COMMISSION -p.�'�L ------------ for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod. 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 Dana Connelly and Sea Trail Corporation Rice Mill Subdivision Phase I Clubhouse Road, Sea Trail Plantation, Sunset Beach, Brunswick 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: I. DESIGN STANDARDS The project is permitted for 41 lots, each limited to a maximum amount of built - upon area as follows: Lots 1-4, 6-32, and 34-41 @6,500; Lot 5@7,422; and Lot 33 @8,908 square feet; as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built -upon area for those lots within the AEC. 2. The Master Plan permit, SW8 940226, reissued on July 17, 2006, allows for a slightly increased built -upon area for the individual tracts, however, the overall built -upon area percentage for Sea Trail must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. 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 to lots. 4. Runoff conveyances such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 5. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod. 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, per the approved plans 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. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 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 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 or to the drainage area. e. Further subdivision, acquisition or sale of the project area. 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, piping, or altering 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 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. 7. 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. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 8. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 10. Deed restrictions are incorporated into this permit bar reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 11. All roof drains must terminate at least 30' from the Mean High Water mark. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod. 12. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 911202 and SW8 940226, 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. The maximum built -upon area per lot is as follows: C-,re 5 c c �o Lots 1-4, 6-32, and 34-41 @7-,060 square feet; Lot 5 @7,422 square feet and Lot 33 @8,908 square feet. The 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. All roof drains shall terminate at least 30' from the Mean High Water mark. 13. 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. 14. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 15. Prior to transfer of ownership, the project must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 16. The final plats for the project will be recorded showing all required swale easements and common areas, in accordance with the approved plans. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 911202 Mod. 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 et. 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 completed "Name/Ownership Change Form" must be submitted to the Division of Water Quality, accompanied by the appropriate 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 the terms and conditions of this permit until the Division approves the permit transfer. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed b other government agencies (local, state and federal) which have jurisdiction. If any of those permits or approvals result in revisions to the plans, a permit modification must be submitted. 7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. 8. The permittee shall notify the Division of Water Quality in writing of any name, ownership or mailing address changes within 30 days. Permit originally issued the 8th day otMarch, 2004. Permit corrected d reissued the 10 day of January 2008. NO CAROLINA VIRONMENTAL MANAGEMENT COMMISSION ---- -- ----------�J------- -------------... for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5