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HomeMy WebLinkAbout176-05 Letter of Refinements 05/2012 �rr—r7� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary 3 May 2012 RECEIVED Quible&Associates,P.C. C/O Brian Rubino MAY 0 7 2012 P.O. Drawer 870 Kitty Hawk,NC 27949 DCM-MHD CITY Dear Mr. Rubino: This letter of refinement is in reference to your 27 April 2012 correspondence (attached), requesting a modification of Major CAMA Permit No. 176-05. This permit was originally issued to Innsbrook, for the Rial Corporation, on 9 November 2005 for the development of a new subdivision with 399 single family lots, a golf course with clubhouse, shoreline stabilization, access roads, and parking areas adjacent the Chowan River. A Major Modification was issued for Permit No. 176-05 on 9 December 2010 to Rial Corporation for the development of a 107- slip marina and associated boat ramp, parking areas, roads, ship store and pool adjacent to Salmon Creek. This authorized development, formerly known as Innsbrook, at Scotch Hall Preserve is located on the Chowan River and Salmon Creek, near the Merry Hill Township, at the end of SR 1502 in Bertie County,North Carolina. The permit has been refined on several occasions and currently has an expiration date of 22 January 2015. Your request to amend the permit to allow for impacts of 195 linear feet of post-supported fence, 95 ft2 of impervious pool patio, and 7,649ft2 of land grading and seeding within the 75-ft. Estuarine Shoreline Area of Environmental Concern (AEC) of the Chowan River, all in association with the construction of a proposed central amenity area within Phase 2, Block 1 is hereby authorized. All permit conditions including the 22 January 2015 expiration date still apply and remain unchanged. Your plats, sheets 1 and 3 of 11, titled Central Amenity Center, Scotch Hall Preserve PUD—Phase 2,both dated revised 24 April 2012,will become a permanent part of the file. Thank you for your time and cooperation in this matter. If you have any questions about this or related matters, please don't hesitate to contact me or Kimberly Hedrick in the Washington Regional Office. Sincerely, q la. mw David W. Moye District Manager Washington Regional Office Cc: Doug Huggett—Major Permit Coordinator,DCM Kimberly Hedrick—Compliance&Enforcement Representative,DCM Traci White—Bertie County Planning&Inspections,P.O.Box 530,Windsor,NC 27983 Al Hodge—NCDENR,Division of Water Quality,Washington Regional Office Pat McClain—NCDENR,Division of Land Resources,Washington Regional Office Tracey Wheeler—USACE, Washington Regulatory Field Office 943 Washington Square Mall,Washington, NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Naturall# )�ece;vel 6 2 490 °//z Quible Quible &Associates, P.C, P.O.Drawer870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 Web:quible.com Ms. Kim Hedrick NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 RECEIVED A ri127 2012 p MAY o 7 2012 RE: CAMA Major 176-05 Scotch Hall Preserve (formerly Innsbrook) DCM Letter of Refinement Request MHDC17y Dear Kim, The purpose of this correspondence is to request a letter of refinement to CAMA Major 176-05 for proposed work within the CAMA 75 ft AEC in association with the proposed Amenity Area. The Site is located on a 3.40 acre parcel of land centrally located within the subdivision. Enclosed are two copies of plans (Sheet 1 of 11 and Sheet 3 of 11) that pertain to this request. Land disturbing activities associated with the Amenity Area primarily consist of clearing, addition of fill for buildings and swimming pool areas, land grading for parking and stormwater infrastructure, and trenching for site utilities. Proposed work within the 75 ft AEC includes: ■ 195 ft of post supported fence within the 75 ft AEC ■ 95 sq.ft. of pool patio impervious cover within the 75 ft AEC ■ 7,649 sq.ft. of land grading within the 75 ft AEC This does not include a sandy beach area on the north side of the pool as we previously discussed. Instead, the land area to be graded within the 75 ft AEC will be grassed and permanently stabilized. This work recently received both a State Stormwater Permit (SW7120106 Modification) and an approved SESCP Plan (Berti-2012-002). Copies of these permits that were issued through the Express Program are enclosed. Please provide me a copy with the letter of refinement when you are able to do so. Thank you for your attention to this matter. I can be reached at 252.261.3300 or brubino@quible.com if you have any questions. Sincerely, Quible & Associates, P.C. Brian D. Rubino CC: Rose Tummarello, Rial Corp. Bobby Masters, SHP NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary April 24, 2012RECEIVED Ms, Rose Tummarello, CFO MAY 0 7 2012 Rial Corporation 55 Beattie Place, Suite 100 Greenville, SC 29601 AGM-MOCITX i Subject: Stormwater Permit No. SW7120106 Modification Scotch Hall Preserve PUD, Phase 2 High Density Subdivision Wet Pond Project Bertie County Dear Ms Tummarello: The Washington Regional Office received a complete Stormwater Management Permit Modification Application for Scotch Hall Preserve PUD, Phase 2 on April 18, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7120106 Modification, dated April 24, 2012, for the construction of the project. This Modification is to add an Amenity Area to the previously permitted 173 lot residential subdivision. This permit shall be effective from the date of issuance until April 24, 2020, shall void permit SW7120106 issued on January 27, 2012 and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. a If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 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 Samir Dumpor, or me at (252) 946-6481. in erely,, AI Hd e n Regio pervisor Surface Water Protection Section AH/sd: K:ISD1Permits-Wet pond 1SW7120106MOD cc: Michael Strader, Jr, PE, Quible &Associates, P.C. Bertie County Inspections Division of Coastal Management Washington Regional Office North Carolina Division of Water Quality Internet: wwwngwaterquality.0ra 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NorthCarohna An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper ;Vatural& State Stormwater Management Systems Permit No. SW7120106Modification ` STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY j STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of 1 North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO j Rial Corporation Scotch Hall Preserve PUD, Phase 2 Bertie County FOR THE i i i construction, operation and maintenance of two wet detention ponds in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until April 24, 2020 and shall be subject to the following specified conditions and limitations: i I. DESIGN STANDARDS i 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 173 lots, each allowed a maximum of(see attached Table "A") square feet of built-upon area and an Amenity Area as shown on plans. 3. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. This project proposes a dry detention basin to serve as a stormwater flow reduction BMP to mitigate downstream peak stormwater flows. The credit for TSS removal has not been requested for this BMP. Page 2 of 10 State Stormwater Management Systems Permit No. SW7120106Modification 5. The built-upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Pond # 1 Pond # 2 a. Drainage Area, ft2: 1,477,280 RECEIVED 1,417,950 b. Total Impervious Surfaces, ft2: 413,720 618,905 c. Average Pond Design Depth, feet: 3.50 4.0 d. TSS removal efficiency: 90o�fl MAY 0 7 We e, Design Storm: 1.5 1.5 f. Permanent Pool Elevation, FMSL: 10.10 �ctut_turxnct 10.70 I g. Permitted Surface Area @PP ft2: 44,486 110,941 h. Permitted Storage Volume, ft�: 97,263 at temp. pool 153,501 i. Storage Elevation, FMSL: 12.00 12.00 j. Predevelopment 1 year 24 hour: 1.02 1.09 k. Post development 1 year 24 hour: 1.79 2.46 I. Controlling Orifice: 4.0"O pipe 5.0" 0 pipe m. Permanent Pool Volume, ft3: 146,829 446,788 n. Forebay Volume, ft3: 26,995 115,720 j o. Maximum Fountain Horsepower: 1/2 HP 1.0 HP p. Receiving Stream / River Basin: Chowan River Salmon Creek q. Stream Index Number: 25 25-24 I r. Classification of Water Body: "B; NSW' C; NSW ll. SCHEDULE OF COMPLIANCE 1. 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. 1 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is set up by the permittee 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. 4. 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. 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. Page 3 of 10 State Stormwater Management Systems Permit No. SW7120106Modification t 6. 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. 7. The permittee shall submit for approval, final site layout and grading plans for any permitted future development areas shown on the approved plans, prior to construction. B. 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 the approved plans. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately, 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. 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. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re-vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 4 of 10 State Stormwater Management Systems Permit No. SW7120106Modification RECEIVED 15. Prior to the sale of any lot, the following deed restrictions must be recorded: (� a. The following covenants are intended to ensure ongoing compliance with? 2012 State Stormwater Management Permit Number SW7120106 Modification, as issued by the Division of Water Quality under NCAC 2H.1000. VL;NI-AIHDCITY b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d, The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is (see attached Table "A") 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. For those lots within CAMA's Area of Environmental Concern, where DCM f calculates a different maximum lot built-upon area, the governing lot BUA i shall be the most restrictive of the two numbers. i h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the I 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. i. Built-upon area in excess of the permitted amount will require a permit modification. j. If permeable pavement credit is requested, the property owner must i submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. 16. 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. i 17. 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. 18. Decorative spray fountains will be allowed in the stormwater treatment systems, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. Page 5 of 10 State Stormwater Management Systems Permit No. SW7120106Modification d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in pond #1 is '/2 HP and pond #2 is 1.0 HP. 20. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 21. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. i III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved, 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. i 3. Failure to abide by the conditions and limitations contained in this permit may i subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of i additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated, The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. 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 Page 6 of 10 • State Stormwater Management Systems Permit No, SW7120106Modification as allowed by the laws, rules and regulations contained in Session Law 2008- 211, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. This permit shall be effective from the date of issuance until April 24, 2020. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 24th day of April, 2012. i NO TH OLINA ENVIRONMENTAL MANAGEMENT COMMISSION i i i I �-- for Charles Wakild, P. ., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7120106 Modification i I I I i { { RECEIVED MAY 0 7 2012 k_ DCM-Mxn crrY Page 7 of 10 State Stormwater Management Systems Permit No. SW7120106Modification ' Scotch Hall Preserve PUD, Phase 2 Page 1 of 2 Stormwater Permit No. SW7120106 Modification Bertie County Designer's Certification I. as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, i (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project 1 construction such that the construction was observed to be built within substantial i compliance and intent of the approved plans and specifications. 1 The checklist of items on page 2 of this form is a part of this Certification. I Noted deviations from approved plans and specifications; i i SEAL I Signature _ Registration Number Date Page 8 of 10 y State Stormwater Management Systems Permit No. SW7120106Mcdification 1 -1 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system, 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. } 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. j 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. i 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan, I cc: NCDENR-DWQ Regional Office RECENED . Bertie County Building Inspections MAY 0 7 2012 DCM.MHD CITY Page 9 of 10 State Stormwater Management Systems Permit No. SW7120106Modification Scotch Hail Preserve PUD, Phase 2 Table "A" Lot# BUA Lot# BUA Lot# BUA Lot# BUA 1 5,084 45 4,492 89 3,710 133 4,230 2 4,298 46 4,084 90 4,026 134 5,803 3 3,960 47 4,084 91 4,174 135 5,862 4 3,960 48 4,084 92 5,147 136 6,037 5 3,960 49 4,084 93 5,659 137 6,279 6 3,960 50 4,084 94 3,651 138 6,295 7 3,960 51 4,518 95 3,812 139 6,201 8 3,960 52 4,075 96 3,603 140 6,109 9 3,960 53 4,075 97 7,833 141 5,978 10 3,960 54 4,075 98 7,280 142 6,561 11 4,290 55 4,075 99 5,266 143 8,373 1 12 3,960 56 4,075 100 4,975 144 10,975 13 3,960 57 4,075 101 4,727 145 5,566 14 3,960 58 4,075 102 4,971 146 4,518 15 4,290 59 4,359 103 4,821 147 5,255 i 16 4,290 60 4,045 104 4,320 148 6,719 17 4,430 61 4,091 105 4,320 149 5,117 18 4,598 62 4,091 106 4,716 150 4,215 19 4,749 63 4,091 107 4,899 151 3,960 20 3,947 64 4,091 108 4,899 152 4,144 21 3,782 65 4,091 109 5,936 153 4,288 22 3,501 66 3,980 110 5,922 154 4,288 23 3,614 67 4,407 111 7,356 155 4,116 24 3,375 68 4,103 112 6,040 156 4,260 25 3,026 69 4,103 113 6,031 157 4,260 26 2,941 70 4,103 114 5,981 158 4,075 27 2,866 71 4,504 115 5,935 159 4,329 28 3,125 72 3,504 116 5,933 160 4,212 29 5,956 73 3,358 117 5,934 161 4,212 30 6,114 74 3,219 118 5,937 162 4,375 31 5,992 75 4,163 119 4,290 163 4,375 32 5,947 76 6,088 120 3,960 164 4,202 33 5,951 77 5,941 121 3,960 165 3,860 34 5,956 78 5,938 122 3,960 166 5,047 35 5,956 79 5,936 123 3,960 167 6,651 36 5,952 80 5,937 124 3,960 168 3,829 37 5,946 81 5,938 125 4,542 169 4,270 38 6,724 82 3,960 126 4,966 170 4,301 39 6,447 83 3,960 127 5,587 171 4,243 40 6,120 84 3,960 128 5,466 172 4,172 41 4,540 85 3,960 129 4,585 173 4,323 42 4,097 86 3,960 130 5,079 43 4,097 87 3,960 131 4,726 44 4,097 88 5,895 132 4,150 BUA- built-upon area (in square feet) Page 10 of 10 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist April 20,2012 Dee Freeman, Secretary LETTER OF APPROVAL WITH MODIFICATIONS Rial Corporation ATTN: Ms.Rose Tummarello,CFO RECEIVED 55 Beattie Place, Suite 100 Greenville, South Carolina 29601 MAY 0 7 2012 RE: Erosion and Sedimentation Control Plan No. Berti-2012-002 DCM-MHD CITY Project Name: Scotch Hall Preserve PUD, Phase 2 Location:NCSR 1502 County: Bertie River Basin:Chowan Date Received by LQS:April 18, 2012 Acres Approved: 50.5 Project Type: Revised Project Description: Revised plan for the grading associated with the construction of the amenity area and a stromwater dry detention basin,as shown on the submitted plan dated April 16,2012. Dear Ms. Tummarello: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval with Modifications. The modifications required for approval are listed on the attached pages. This plan approval shall expire three(3) years following the date of approval, if no land-disturbing activity has been undertaken, as required by 15A NCAC 4B.0129,unless modified by other legislation. Please be advised that 15A NCAC 4B.0I 18(a) requires that a copy of the approved erosion and sedimentation control plan be on file at the job site. Also, you should consider this letter as giving the Notice required by G.S. 113A-61.l(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (G.S. 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, local city or county ordinances or Washington Regional Office 943 Washington Square Mall,Washington,North Carolina 27889•Phone: 252-946-6481 /FAX: 252-975-3716 Internet:htlp://portal.ncdenf.org/webAr/land-quality An Equal Opportunity/Affirmative Action Employer•50%Recyc1ed110%Post Consumer Paper Rial Corporation ATTN: Ms. Rose Tummarello, CFO April 20, 2012 Page 2 rules may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility/Ownership Form, which you have submitted. You are required to file an amended form if there is any change in the information included on the form. In addition, 15A NCAC 413.0127(c) requires that you notify this office of the proposed starting date for this project (using the enclosed Project Information Sheet). Please notify us if you plan to have a preconstruction conference. Please be advised that all land-disturbing activities affecting 1 or more acres are required to have a(Federal) NPDES permit. The original letter of approval was accompanied by the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Sincerely, K!� Richard Peed,CPESC Assistant Regional Engineer Enclosures cc w/o enc: GDerek A. Dail,P.E., Quible&Associates,P.C. Alton Hodge, Division of Water Quality Erosion and Sedimentation Control Plan No. Berti-2012-002 Project Name: Scotch Hall Preserve PUD, Phase 2 RECEIVED April 20, 2012 Modifications ! MAY 0 7 2012 Page 1 DCM-MHDCTfY 1. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act: A. In the event of a conflict between the requirements of the Sedimentation Pollution Control Act, the submitted plan and/or the contract specifications, the more restrictive requirement shall prevail; B. The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation contort plan; C. The LATEST APPROVED erosion and sediment control plan will be used during periodic unannounced inspections to determine compliance and a copy of the plan must be on file at the job site. If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law; D. All revisions, including those required by other local, state or federal agencies, which affect site layout, drainage patterns, limits of disturbance and/or disturbed acreage must be submitted to this office for approval a minimum of 15 days prior to the start of construction; E. Revisions exceeding the approved scope of this project without prior approval of the plan showing the changes can be considered a violation. Failure to comply with any part of the approved plan or with any requirements of this program could result in appropriate legal action (civil or criminal) against the financially responsible party. Legal actions include Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus an additional penalty of up to $5000 per day for each day the site is out of compliance; F. The CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the job site and remain until the site is permanently stabilized; G. In cases of natural disaster related changes to the proposed land disturbing activity, all appropriate actions and adequate measure installations may be performed to prevent sediment damage, prior to submitting and receiving approval of the revised plan. A revised plan must be submitted for approval as soon as possible, but no later than 15 days after all emergency actions have been performed; Erosion and Sedimentation Control Plan No. Berti-2012-002 Project Name: Scotch Hall Preserve PUD,Phase 2 Apf120, 2012 Modifications Page 2 H. Erosion and sediment control measures or devices are to be constructed and/or installed to safely withstand the runoff resulting from a 10 year storm event (25 year storm event in High Quality Zones). The 10 year storm event is generally equivalent to a storm producing 6.5 - 7 inches of rain in 24 hours or at the rate of 6.5 - 7 inches of rain in I hour, depending on the location of the project within the region; I. No earthen material is to be brought on or removed from the project site, until the off-site borrow and/or disposal sites are identified as part of the erosion control plan. If an off-site borrow and/or disposal site is to be utilized, submit the name and identification number(E&SCP#or Mine Permit#), prior to use; J. Buffer zone, sufficient to restrain visible sedimentation within the 25% of the width closest to the land disturbance, must be provided and maintained between the land-disturbing activity and any adjacent property or watercourse; K. In order to comply with the intent of the Act, the scheduling of the land-disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground cover is minimized; L. Unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked,with an acceptable tacking material,or crimped in place; M. New or affected cut or filled slopes must be at an angle that can be retained by vegetative cover, AND must be provided with a ground cover sufficient to restrain erosion within 21 calendar days of completion of any phase (rough or final) of grading(ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover); N. A permanent ground cover, sufficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days (if in a High Quality Zone, the shorter of 15 working or 60 calendar days) after completion of construction or development on any portion of the tract(ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a nurse cover for the permanent grass cover); Erosion and Sedimentation Control Plan No. Berti-2012-002 RECEIVED Project Name: Scotch Hall Preserve PUD,Phase 2 April 20, 2012 Modifications MAY 0 7 2012 Page 3 F DCM-IffID CITY O. All sediment and erosion control details for this project must conform to the standards as shown in the current Erosion & Sediment Control Planning and Design Manual; these details must be utilized for construction and incorporated in the plan. The manual can be found online at http:4,12ortal.ncdenr.orp/web/k/publications 2. Adequate and appropriate measures must be properly installed downstream, within the limits of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on-site natural watercourse or adjoining property.