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
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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