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HomeMy WebLinkAboutSW7061203_CURRENT PERMIT_20201123STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWj DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2c72-o /lal YYYYMMDD 1/Ja9-o ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director A Properties, LLC Attention: Joseph P.O. Box 15564 NORTH CAROLINA Environmental Quality November 23, 2020 C. Avolis, Manager New Bern, NC 28561 Subject: Stormwater Permit No. SW7061203 Renewal Westport Planned Unit Development High Density Project Craven County Dear Mr. Avolis: The Washington Regional Office received a Stormwater Management Permit Application for renewal of the subject permit on November 2, 2020. Staff review of the application has determined that the permit can be reissued. We are forwarding Permit No. SW7061203 dated November 23, 2020, for the continued operation of the subject project. This permit, upon its effective date, will replace all previous State Stormwater permits for this project. This permit shall be effective from March 30, 2021 until March 29, 2029 and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. 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 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 me at (252) 948-3923. Sincerely, 9" { Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality 1 Division of Energy. Mineral and Land Resources Washington Regional Office 1 043 Washington Square Mall I Washington, North Carolina 2788o .owm.M��,m,=..«„•mW ./`� 252P46.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH 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 A Properties, LLC Westport Planned Unit Development Located on NC Highway West, New Bern, NC Craven County FOR THE construction, operation and maintenance of three wet detention ponds 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. This permit shall be effective from March 30, 2021 until March 29, 2029, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. 2. The permitted stormwater collection system shall be comprised of three wet ponds treating runoff from the two drainage areas, as described in Section 1.6. Ponds 1 and 2 are interconnected and will discharge to Pond 3 which will ultimately discharge through a level spreader to a wetland area located in the southeastern corner of the property. 3. This permit covers the construction of 158 duplex residential units and associated roads, parking and sidewalks within two drainage areas. The total impervious contribution from this construction is 12.39 acres or 38.3% on a total site area of 32.37 acres. 4. All runoff from impervious areas shall be directed to the permitted stormwater control systems. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with approved plans and permit. 6. The following design specifications have been provided and approved for the stormwater collection system and shall be maintained at all times: a. Drainage area designation 1 2 b. Drainage area (ftz) 611,528 798,591 Drainage area (ac) 14.04 18.33 c. Impervious surfaces (ac) 5.37 7.02 d. Design storm (in) 1 1 e. TSS removal efficiency (%) 90 90 f. Pond depth (ft) 6 6 g. Permanent pool elevation (FMSL) 22 22 h. Required surface area at PP (ft2) 12,292 16,052 i. Provided surface area at PP (ftz) 43,357 34,293 j. Permanent pool volume (ft3) 183,052 144,309 k. Required storage above PP (ft3) 26,733 33,422 I. Provided storage above PP (ft3) 125,527 99,458 m. Storage elevation (FMSL) 23 24.5 n. Controlling orifice diameter (in) 4 4 o. Receiving Stream / River Basin Bachelors Creek p. Stream Index Number 27-98 q. Classification of Water Body C, Sw, NSW Pond 3 1&2 1,410,119 32.37 12.39 1 90 6 22 28,343 29,805 120,216 60,155 87,688 24.5 3 II. SCHEDULE OF COMPLIANCE The permittee shall comply with the following schedule for the construction, certification, operation and maintenance, sale or transfer, modification and renewal of the development and associated stormwater management system. Construction 1. 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 surfaces except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. 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. 4. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. 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. Certification 7. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the installed system. The designer shall certify 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. Operation and Maintenance 8. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 9. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semiannual scheduled inspections (every 6 months) b. Sediment removal c. Mowing and revegetation 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 outlet structure, orifice device and catch basins and piping. g. Access to all components of the system must be available at all times. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records shall indicate the date, activity, name of person performing the work and what actions were taken. 11. This permit, along with a copy of the approved plans and specifications, shall be maintained on file.by the Permittee throughout the time in which this permit is in effect. 12. The permittee shall allow DEQ staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. Transfer of Property 13. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, 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, and responsibility for meeting the built - upon area limit is transferred to the individual property owner. 14. Prior to the sale of any lot, the following deed restrictions must be recorded: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7061203, as issued by the Division under 15A NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. G. These covenants are to run with the land and be binding on all persons and parties claiming under them. 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. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. The maximum built -upon area per lot is 2,500 square feet. 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 13. 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. 14. 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. Modification 15. 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. 16. 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. 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. In addition, The Director may determine that other revisions to the project should require a modification to the permit. 17. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. IlI��1�i1�:7dSKi].I�IQNI.�F'7 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the 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. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 3. 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. 4. 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. 5. 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. 6. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 7. This permit shall be effective from March 30, 2021 until March 29, 2029. At least six months prior to the expiration date, the permittee must submit a written request for permit renewal to the Division, Washington Regional Office. Permit issued this the 231d day of November 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION For tman vvrenn, uirector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7061203 ULMLK UJt UNLY Date Received Fee Paid Permit Number w7aCslzr.� NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: 2. Project name: Westport Planned Unit Development 3. Project street address: NC Highway 55 West City: New Bern County: Craven ZIP 28560 4. What, if any, changes have been made to the project as permitted? None If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy- m ineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/abouYdivisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-pr6gram/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: A Properties, LLC 2. Signing Official's Name: Joseph C. Avolis 3. Signing Official's Title: Member/Manager 4. Mailing Address: PO Box 15564 R,ECEAVEI) wr % @ 2020 City: New Bern State: NC ZIP : 28561 5. Street Address: 5405 Morton Road City: New Bern State: NC ZIP: 28562 6. Phone: (252) 633-0068 Email: avolisengineering()embargmai..com Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity— a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership —the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that �[ have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include Qn✓;Q iJ documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If yEKc2 �7[e the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. CS. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION I, V� 0 Arlo iiS the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct-anc1yq mpl1AM. _ Signature: Date: /�/z2/TiaZo NOTARIZATION: I, 'a:1 rnrnonS , a Notary Public for the State of t�w'WN COr0i r a— , County of Qr'0.Vtr1 do hereby certify that _ _ 'J Sz oh> ckck -zw, Eiy at' S personally appeared before me this the _ DZ" day of t 0c 10'f 20 off, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Seal) NMARypUSM CRAVEN COUNTY M' Camivlon F.M .,... , Notary My commission expires 1 P l t a s 4 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 `---aic"a? ►+tom r 1 Z)U9U5 YRAT%'A i aN ,YTtAUQ') VI3'4'*3 AVOLIS ENGINEERING, PA P.O. Box 15564 New Bern. North Carolina 28561 252.633.0068 License No. C-0706 October 23, 2020 Mr. Roger Thorpe Environmental Engineer NCDENR 943 Washington Square Mall Washington, NC 27889 RE: Stormwater Management Permit SW7 061203 Westport Planned Unit Development Craven County, North Carolina AE Project No. 06149 Dear Roger: Enclosed please find the Stormwater Permit Renewal Application for the above referenced project consisting of the following: • State Stormwater Permit Renewal Application Form (Original and Electronic Copy) • $505 Permit Fee Should you have any questions or need any additional information, please do not hesitate to call. Sincerely, JRKEJVF'D Nov � (D '?020