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HomeMy WebLinkAboutSW8070904_Current Permit_20190412ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director April 12, 2019 Montague Woods, LLC Attn: Bernard J. Morris, Manager 6227 Head Road Wilmington, NC 28409 NORTH CAROLINA Environmental Quality Subject: State Stormwater Management Permit No. SW8 070904 MOD Vineyard Trace Phase 2 (formerly Montague Woods) Low Density Subdivision Project Pender County Dear Mr. Morris: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for the subject project on January 7, 2019 with additional information received on April 9, 2019. 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 effective January 1, 2017. We are forwarding modified Permit No. SW8 070904, dated April 12, 2019, for the construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the stormwater collection system and/or vegetated conveyance system associated with the subject project. Please add these modified and approved plan sheets to the previously approved plan sheets. Please replace the previous application (SWU--101), and proposed deed restrictions and protective covenants, supplements, and O&MAgreement with the attached modified versions. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which must all be provided along with certification upon completion of the project. Failure to comply with these requirements will result in future compliance problems. The following modifications are included and covered by this permit: 1. The addition of project area and built -upon area for six (6) lots, numbered 11 — 16. 2. Conversion to a modified permit under the 2017 Rules. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources e:!5INE121 Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH cnRauNA /� 910.796.7215 State Stormwater Permit No. SW8 070904 MOD Page 2 of 2 If you have any questions, or need additional information concerning this matter, please contact Steve Pusey in the Wilmington Regional Office, at (910) 796-7215. Sincerely , is - , S. Daniel Smith, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Certification Forms Attachment B — Built -Upon Area Allocation Application. Documents GDS/sgp: \\\Stormwater\Permits & Projects\2007\ 070904 LD\ 2019 04 permit 070904 cc: Garry S. Pape, PE — GSP Consulting Pender County Planning Department NCDOT District Engineer Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 070904 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION 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 Montague Woods, LLC Vineyard Trace Phase 2 Richard Switch Road, Pender County FOR THE construction, operation and maintenance of a 24% low density subdivision in compliance with the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stoffyiwater rules") and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the `Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the management of stormwater described in the approved plans and specifications. The overall percent of built -upon area (BUA) permitted for the project must not exceed 24% per the requirements of the stormwater rules. This permit covers the construction of a total of 153,342 square feet of BUA, which includes 37,116 square feet of proposed BUA and 116,226 square feet of existing BUA. This permit does not provide any allocation of built -upon area for future development. 2. Each of the 16 lots are limited to a maximum amount of built -upon area as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. 3. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications. All stormwater runoff, including roof drains, shall be released as dispersed flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be piped into or through the setback. BUA may not he added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: a. Water dependent structures; and b. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. Page 1 of 5 State Stormwater Management Permit No. SW8 070904 4. This project has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 5. No piping shall be allowed except those minimum amounts necessary to direct stormwater runoff beneath a BUA such as a road or driveway when it cannot be avoided. 6. The peak flow from the 10-year storm event shall not cause erosion downslope of the stormwater outlet discharge point. II. SCHEDULE OF COMPLIANCE The project shall be constructed, operated and maintained in accordance with the conditions of this permit and the approved plans and specifications. 2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and operational prior to the construction of any individual lot development, per the approved plans and specifications. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. 4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. 5. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed Operation and Maintenance Agreement titled Swale System Maintenance Requirements, a part of the Low Density Supplement, to assure that the permitted vegetated conveyance system functions at the approved design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 6. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. 7. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 8. The final plats for the proiect must be recorded with the Office of the Register of Deeds prior to the sale of lots. The recorded plat must reference the Operation and Maintenance Agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. 9. Recorded deed restrictions and protective covenants must be recorded with the Office of the Register of Deeds, will be incorporated into this permit by reference, and 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 070904, as issued by the Division of Energy, Mineral and Land Resources 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 Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. Page 2 of 5 State Stormwater Management Permit No. SW8 070904 f. The maximum built -upon area per lot is as shown in Attachment B. 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 has the same meaning as G.S. 143-214.7, as amended. g. Built -upon area in excess of the permitted amount will require a permit modification to ensure compliance with the permit and stormwater rules. h. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. i. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the ruean High waterline of tidal waters, perpendicular to the shoreline. j. All roof drains shall be released as dispersed flow no closer than at the edge of the 50-foot vegetated setback. At no time shall stormwater runoff be piped into or through the setback. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 10. For the entire project, the deed restrictions and protective covenants outlined in Section 11.9 and Attachment B of this permit must be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots. 11 For each lot, the permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 12. The maximum built -upon area assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. 13. The permittee shall review each lot for new construction and all subsequent modifications and additions to ensure compliance with the conditions of the permit and the approved plans and specifications. The plans reviewed must include all proposed built -upon area, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where modifications to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. The permittee may establish an Architectural Review Board (ARB) or Committee (ARC) to conduct these reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. 14. The permittee is responsible for verifying that the proposed built -upon area on each individual lot and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall routinely monitor the lots for compliance with permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 15. 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 modified plans and certification in writing to the Director that the changes have been made. 16. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. Page 3 of 5 State Stormwater Management Permit No. SW8 070904 17. Upon completion of the project, the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the permitted plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the permitted plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 18. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications, except for minimum driveway crossings. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any component of the approved stormwater control measure, stormwater collection system and/or vegetative conveyance system shown on the approved plan, except for minimum driveway crossings within the low density area. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. Ill. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. In the event that the project fails to meet the requirements of a low density project, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of an additional or replacement vegetated conveyance system and/or stormwater control measures. These additional or replacement measures shall receive a permit from the Division prior to construction. Page 4 of 5 State Stormwater Management Permit No. SW8 070904 4, Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215A et.al. Permit updated, modified, and reissued this the 12th day of April 2019. NORT CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �x aniel S ith, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 070904 Page 5 of 5 DEMLR USF, ONLY Date Received Fee Paid Permit Numb 1 R 1 4100 -546 SW9 d D Applicable Rulds:1 ❑ Coastal SW— 1995 ❑ Coastal SW — 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: F � . ...._, State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources a.-. -0 a DEC 14 2018 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original �`- 1. GENERAL INFORMATION -1W 1 Y20 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 2. Location of Project (street address): Richard Switch Road City: Woods County:Pender 3. Directions to project (from nearest major intersection): Property is located off Richard Switch Road in the Vineyard Trace Subdivision 4. Latitude:340 25' 42" N ECEIVE APR 0 2 2019 ►reL Longitude:780 03' 09" W of the main entrance to the project. II. PERMIT INFORMATION: 1.a.Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modification' 'Renewals with modifications also requires SWU-102 — Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 070904 , its issue date (if known)September 27, 2007 , and the status of construction: ❑Not Started JKPartlally Completed* ❑ Completed` 'provide a designer's certification 2. Specify the type of project (check one): ®Low Density []High Density ❑Drains to an Offsite Stormwater System ❑Other 3. `If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4.a.Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control: 0.93 ac of Disturbed Area ❑NPDES Industrial Stormwater 11404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? z 0-yes li yes, see S.L. 2012-200, Part vl: http://portal.nedenr.org/web/ir/ruies-and-regulations III. CONTACT INFORMATION Co E Ate' E- 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, se P"n �; designated government official, individual, etc. who owns the project): JAN 0 7 2L 1 ---- Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 BY: � 1- � �d 00 Applicant/Organization Signing Official & Title: b.Contact information for person listed in item 1a above: Street Address:6227 Head Road City:WilminQton State:NC Zip:284g9 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 262-4449 Fax: ( ) Email: bmorris4449(a)_gmai I. com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee" (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer" (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that tl�e project is located on): Property Owner/Organ Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): 'City: State: Zip: Phone: ( ) Fax: Email: 3.a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the proje j. _ Other Contact Person/Organization: Signing Official & Title: b. Contact information for person listed in 3a above: Mailing Address: City: State: Zip: //�� Phone: ( `�l10 ) 4V2 ^ 79 70 , Fax: ( ) Email: G n 4. Local jurisdiction for building permits: Pender County Point of Contact: Phone #: IV, PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. The storm water for this nroiect will be treated by arassed swales Form SWU-10l Version Oct. 31, 2013 Pagc 2 of 6 E EIVEF; 2019 i; BY: 2.a.If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUDApproval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II — Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 18.52 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) — Total Coastal Wetlands Area*(5) — Total Surface Water Area (6) = Total Project Area':18.52 acres ' Total project area shall be calculated to extzlude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 19.0 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. 3asan Information Draw a Area 1 Drain a Area Qrair Area Drainage Area Receiving Stream Name UT to Long Creek Stream Class C;Sw Stream Index Number* 18-74-55 Total Drainage Area (sf) 806,589 On -site Drainage Area (sf) 806,589 _ Off -site Drainage Area (sf) Proposed Impervious Area** (sf) 153,342 % Impervious Area" (total) 19.0 Impervious- Surface Area Drainage Area 1 Drainage Area Dratna a Area Drainage Area - On -site Buildings/Lots (sf) 27,000 On -site Streets (sf) 10,116 On -site Parking (sf) On -site Sidewalks (sf) Other on -site (sf) Future (sf) Off -site (sf) AN Existing BUA*** (sf) 116,226 Total (sf): 153,342 * Stream Class and index Number can be determined at http://portal. ncdenr. org/we b/wg/ps/csu/classifications ** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed abova determined? Provide documentation. Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormiwater requirements as per 15A NCA C 02B .0600. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new B UA. 11. How was the off -site impervious area listed above determined? Provide documentation. Existing BUA consists of 80,530 sf for the existing 10 lots and 35,696 sf for the existing street Proiects in Union County: Contact DEMLR Central Off ce staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://12ortal.ncdenr.org/web/wg/ws/­­su/­­bml2-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://12ortal.ncdenr.org/web/wg/ws/su/statesw/forms docs. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at hfV://12ortal.ncdenr.org/web/wq/ws/su/mays.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from hgp:/ /portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. OriginaI and one copy of the .signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M AnD agreement(s) for each BMP. „ n 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hn://www.envhtlg.org/12a&es/onestoRe2iRress.hbnlfor information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) N j 5. A detailed narrative (one to two pages) describing the stormwater treatment/ management for 1 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the --- 4--� receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. ^ b. Engineer and firm. E U E I V E c. Location map with named streets and NCSR numbers. d. Legend. $ O ZO19 e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) 10. r copy of the most current property deed. Deed book: 3252 Page No: 339 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. h!W://www.secretaly.state.nc.us/Corl2orations/CSearch.asl2 VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/Ir/state- stormwater-forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:GarryS. Pape, P.E. Consulting Firm: GSP Consulting, PLLC Mailing Address:6626 Gordon Road, Unit C City: Wihnington State:NC Zip:28411 Phone: (910 ) 442-7870 Fax: (910 ) 799-6659 Email:gpal2e®gsp-consulting.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item Ia) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. C C e I � E G ..t� iuh , APR 0 2 2019 i BY: Form SWU-101 Version Oct. 31, 2013 Page 5 of 6 include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 3252 Page No: 339 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. EC E IV`. 1� http://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS JAN 0 7 2019 For all subdivisions, outparcels, and future development, the appropriate property restrictions a rotective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or 'pi:epesed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state-stormwater-forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Garry S. Pape, P.E. Consulting Firm: GSP Consulting, PLLC Mailing Address:6626 Gordon Road, Unit C _ City:Wil Phone: (910 ) 442-7870 Emhil:gpape(a7gsp-consulting.com State: NC Zip:28411 Fax: (910 ) 799-6659 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has boen filled out, complete this section) �p � 1, (print or type name of person listed in Contact Information, item 2a) Ad! w�rr��-Ccertify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenanne of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Namc/Owncrship Change Form within 30 days; otherwise I will be operating a stormwatcr treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, -pursuant to NCGS 143-215.6. Signature: Date: / `- 5 —/ r Form SVVU-101 Version Oct. 31, 2013 Page 5 of 6 I, J� Gel e o1 , a Notary Public for the State of��Y (�,o (; �J A , County of 2 W H+&i00� , do hereby certify th t f�J S• jf%lo�✓S personally appeared before me this I 2 day of 201 Q , and acknowledge the d e xecution of t e pplication1"' stormwater permit. Witness my hand and official seal, 5 S CdP ovv �. 0AAV y SEAL My commission expires 1-1-1 2 02 3 X. APPLICANT'S CERTIFICATION 01 1, (print or type name of person listed in Contact Information, item 1a) Bernard J. /4orris certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater qUies under 15A NCAC 21i .1000 and any other applicable state stormwater requirements. r Signature: �,D, ante: ��/�r� � I.- �, �-k P 9,0 •��t A , a Notalub�lic for the State of V �o� L Wo !OA-t County of e tJ 1 �4v ov-L , do hereby certify that—, N,A �� S ��< 11 S personally appeared before me this ( Z- day of L> c-e✓>-, -)>tf , ZO I V , and acknowledge the e, xecution of a plication for- stormwater permit. Witness my hand and official seal, S ire �,. 5 Je a� �,� r;;Ss10a y Ql ; I I.- DZ3 ECEIV . JAN 0 7 2019 BY: Fonn SWU-101 Version Oct. 31, 2013 Page 6 of 6 SEAL My commission expires ) - Z I ` 2 0 ECEIVE JAN 0 7 2019 BY: Form SWU-101 Version Oct. 31, 2013 Page 7 of 6 Permit No. 15'L-61 © 7610 q (to be provided by DEMLR) State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land'Resources E C E I V E l S T ORMWATER MANAGEMENT PERMIT APPLICATION FOR JAN 01 2019 i! LOW DENSITY SUPPLEMENT This forth may be photocopied for use as an original BY: A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246 and the State of North Carolina Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g). I. PROJECT INFORMATION Project Name : Vineyard Trace Phase 2 (Previously named Montague Woods) Contact Person: Bernard J. Norris Phone Number: ( 910 )262-4449 Number of Lots:16 Allowable Built Upon Area (BUA) Per Lot*:Lots 1-10 - 8,053 SF, Lots 11-16 - 4,500 SF Number of Dwelling Units Per Acre**:0.86 Low Density Development (check one): ® without curb & gutter ❑ with curb & gutter, outlets to (check one): ® Swales ❑ Vegetated Area *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be shown in units of square feet. **(Phase II Post -Construction [non-SAI only) II. BUILT UPON AREA Refer to DEMLR's forms and applications website for specific language that must be recorded in the deed restrictions for all subdivided projects.(htty://yortal.nedenr.org/webilr/state-stormwater-forms docs) Complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. of Lots - the total number of lots in the subdivision. • BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge ofpavement. • Total allowable lot BUA - the computed allowable built upon area for all lots combined. Form SW401-Low Density-Rev_3-2/10/09 Page 1 of 5 • Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non -uniform lots. Calculation: For uniform lot sizes: 'CE (SA: ft! x DF: 1— (RA: ftZZ (OA: ft2) = BUA per Lot = ft2. JAN 0 (No of Lots: ) 9 For non -uniform lot sizes: BY: a. (SA: ft2 x DF: ) — (RA: ft2) — (OA: ft2) = Total allowable lot BUA = ft2 b. Total BUA from lot listing: sf, b must be15 a III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http://hdsc.nws.noaa.gov/hdsc/pfds/ Table 1 Swale design infnnnatinn based on the 10-venr storm_ 2019 Swale No. Drainage Area .act. Impervious Area ac Grassed . Area (ac) C Q cfs: Slope % Vallaw s Vacma (fps) Flow Depth th ft 1 2 3 4 5 6 7 8 9� 10 11 12 13 14 15 16 17 18 19 20 Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 5 20 IV. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211. Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met, then iustification must be attached. Only complete items n through p for projects with curb outlets. Page/Plan Iniggjs Sheet No. P� a. t b.t in. For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative buffer adjacent surface waters is provided. For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is provided adjacent to surface waters. For Phase II Post -Construction projects: All built upon area is located at least 30 feet landward of all perennial and intermittent surface waters. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to the sale of any lots. Built upon area calculations are provided for the overall project and all lots. Project conforms to low density requirements within the ORW AEC. (if applicable per 15A NCAC 2H .1007) Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales. Longitudinal slope of swales is no greater than 5%; for non -curb outlet projects, calculations for shear stress and velocity are provided if slope is greater than 5%. At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate. Swales discharging to wetlands are designed to flow into and through the wetlands at a non - erosive velocity (for this flow requirement into wetlands, non -erosive is velocity < 2 ft/s). Swale detail and permanent vegetation is specified on the plans. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover. Swales are located in recorded drainage easements. n.tt Length of Swale or vegetated area is at least 100 feet for each curb outlet. o." The system takes into account the run-off at ultimate built -out potential from all surfaces draining to the system (delineate drainage area for each swale). p tt Cur'o outlets direct flow to a swale or vegetated area. Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 5 +t Only complete these items for projects with curb outlets. M Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 5 ECEIV JAN 0 7 2019 BY: SWALE SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time; and grass will not be mowed too close to the ground or "scalped". 2. Swales will be inspected monthly or after every : unoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Energy, Mineral and Land Resources. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:Bernard J. ➢dorris - Member/Manager Address:6227 Head Road Wilmington NC 28409 10- Signature: Date: i v Note: The legally responsibleYarty should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. o n klp a Notary Public for thhe, State of OX01 to , County of I `� P �w�► o J� 244 do hereby certify that NA✓ d S 1 Y ! �' f �f personally appeared before me this ! day of Uorn kQr '26 1 Y , and acknowledge the due execution of the forgoing swale maintenance requirements. Witness my hand and official seal, SAL,-, Notary signature SEAL °P- e°°g.G'ELEC�pN�''+ Wes; O�pRY • :v r PU >�►�+� y. i Z i ``�ygNOVEFt ...+r My commission expires t-Z i" ZL) Z-3 Form SW401-Low Density-Rev3-2710/09 Page 5 of 5' IRECEP JAN 0 7 L' BY. -