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HomeMy WebLinkAboutSW1100701_CURRENT PERMIT_20110420STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW.\,/,/� DOC TYPE CURRENT PERMIT APPROVED PLANS ❑ HISTORICAL FILE DOC DATE 6,4- f7GI(� a YYYYMMDD FILE COPY NC®ENR Nogh Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 20, 2011 Mr. William McKee, Managing Partner Whiteside Fund LP P.O. Box 523 Cashiers, NC 29717 Subject: Stormwater Permit No. SW1100701 Quigley Tract Project High and Low Density Subdivision Madison County Dear Mr. McKee: The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for Quigley Tract Project stormwater system on February 24, 2011 (upon receipt of final additional information). 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 and Session Law 2006-246. The Division of Water Quality is forwarding Permit No. SW1100701, dated April 20, 2011, for the construction, operation and maintenance of the subject project and the stormwater control systems (also referred to as Best Management Practices — BMPs). This permit shall be effective from the date of issuance until April 20, 2021, and shall be subject to the conditions and limitations as specified therein. Please be aware of the following concerns regarding the project: • No impacts to surface waters are authorized until issuance of the 401 WQC and 404 Permit, Erosion Control Measures for Sensitive Waters are applicable to this site due to the Outstanding Resource Water (ORW) Classification of nearby surface waters. You may wish to contact the Division of Land Resources regarding these requirements. In addition, a Trout buffer is necessary if work is to be performed within 25 ft of Spring Creek (and its tributaries). • The site drainage areas must be stabilized before BMPs are put in place (and this was specified in the approved plans). Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Customer Service; 1-877-623-6748 Intemet: wwwrimaterquality.org NorthCarohna Naturally An EQu@E Oppertunily l Affirmative Action Employer t Mr. McKee ' April 20, 2011 .i Page 2 of 2 .4t • Impervious surfaces must be 30 feet from intermittent or perennial streams in ORW Classified water bodies. Also, as specified in the plans, all drain outlets (including golf course drains) shall be 30 feet from intermittent or perennial streams. • Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater BMPs will result in future compliance problems. • The individual cottage infiltration systems are to be owned, operated, and maintained by the permittee. The cottages are restricted to 1400 ft2 built upon area. Should the cottages be placed for sale, this office must be notified and deed restrictions must be put into place. • Should infiltration rates be less than 2 inches/hour, this permit must be modified to reflect subsequent changes in sizing of stormwater BMPs. 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 Off -tee of Administrative Hearings, P.O. Drawer 27447, and Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Asheville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Susan A. Wilson at (919) 296-4500 or susan.a.wilson�ncdenr.gov . Sincerely, For Coleen H. Sullins Enclosure: SW l 100701/Plans/Application/O&M Agreement/Deed Restriction Ec. --Asheville-Regional-Office--- Central Files Stormwater Permitting Unit Files (w/SW1100701), Robert Patterson John Kinnaird, P.E. (w/SW1100701) 17 Arlington St. Asheville, NC 28801 Jennifer Robertson, Atlas Environmental Madison County Planning STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT SW1100701 OVERALL LOW DENSITY SUBDIVISION DEVELOPMENT with POCKETS of HIGH DENSITY 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 Whiteside Fund LP Quigley Tract Project Off US Hwy 209, Hot Springs, Madison County FOR THE construction, operation and maintenance of 3 bioretention systems; individual infiltration systems (for the cottages); low density for the golf course and single family residence lots in compliance with the provisions of Session Law 2006-246 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 (Division) and considered a part of this permit. This permit shall be effective from the date of issuance until April 20, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 control system has been approved for the management of stormwater runoff as described in Section 1.7, 1.8, 1.9 and 1.10 of this permit. 3. The runoff from all built -upon areas (BUAs) within the High Density Pockets of the permitted drainage areas of this project must be directed into the permitted stormwater control systems (or Best Management Practices — BMPs). 4. The BUAs and outlets (in the low density and golf course area, including drains from the golf course) associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. 5. No discreet conveyances to surfaces waters are allowed in low density drainage areas (grass swales and energy dissipation outlets, per plan drawings, are allowed). State Stormwater Permit Quigley Tract Permit No. SW1100701 6. The overall tract BUA for the Low Density drainage area must be maintained at 11 %. Maximum built -upon area for the single family residences is 8000 ft2 (339 residences). This area is designated as Drainage Area 1 (and includes the golf course area). 7. The designated cottages are to be restricted to 1400 ft2 built upon area (and have individual infiltration systems maintained by the permittee). Should the status of the cottages change (i.e., be placed for sale), this permit must be modified to include deed restrictions for the subject properties. 8. The following design elements have been permitted for Drainage Area 2, Bioretention 1 and must be provided in the system at all times. [ref. Sheet DT-3 of plans] a. b. C. d. e. f. h. i. k. I. m n. o. Drainage Area, acres: Total Impervious Surface, ft2: Design Storm, inches: TSS removal efficiency: Basin Design depth, ft. Basin Surface Area, ft2: Bottom Elevation, fmsl: Bypass Weir Elevation, fmsl: Permitted Storage Volume, ft3: Expected Infiltration Rate, in/hr: Seasonal High Water Table, fmsl Time to Draw Down, hrs: Receiving Stream/Basin: Stream Index No.: Classification of Water Body: 19.7 121,970 [2.8 acres] 1.0 85% 3.3 (excluding ponding depth) 12,632 [0.29 acres] 3484.2 3488.5 (weir to additional detention) 12,620 2.0 3482.2 (minimum) 32 John Branch/French Broad 6-118-5 C, ORW 9. The following design elements have been permitted for Drainage Area 3, Bioretention 2 and must be provided in the system at all times. [ref. Sheet DT-3 of plans] a. b. C. d. e. f. h. i. j. k. I. m n. o. Drainage Area, acres: Total Impervious Surface, ft2: Design Storm, inches: TSS removal efficiency: Basin Design depth, ft: Basin Surface Area, ft2: Bottom Elevation, fmsl: Bypass Weir Elevation, fmsl: Permitted Storage Volume, ft3: Expected Infiltration Rate, inlhr: Seasonal High Water Table, fmsl: Time to Draw Down, hrs: Receiving Stream/Basin: Stream Index No.: Classification of Water Body: 4.7 117,610 [2.7 acres] 1.0 85% 3.3 (excluding ponding depth) 9,5832 [0.22 acres] 3500.2 3504.5 (weir to additional detention) 9,675 2.0 3498 (minimum) 32 John Branch/French Broad 6-118-5 C, ORW 10.The following design elements have been permitted for Drainage Area 4, Bioretention 3 and must be provided in the system at all times. [ref. Sheet DT-3 of plans] State Stormwater Permit Quigley Tract Permit No. SW1100701 a. b. C. d. e. f. 9. h. i. ]. k. I. m n. o. Drainage Area, acres: Total Impervious Surface, ft2: Design Storm, inches: TSS removal efficiency: Basin Design depth, ft. Basin Surface Area, ft2: Bottom Elevation, fmsl: Bypass Weir Elevation, fmsl: Permitted Storage Volume, ft3: Expected Infiltration Rate, inlhr: Seasonal High Water Table, fmsl Time to Draw Down, hrs: Receiving Stream/Basin: Stream Index No.: Classification of Water Body: 2.2 (minus cottages) 82,764 [1.9 acres] 1.0 85% 3.3 (excluding ponding depth) 6,534 [0.15 acres] 3464.2 3468.5 (weir to additional detention) 6,661 2.0 3462.2 32 John Branch/French Broad 6-118-5 C, ORW 11. The following design elements have been permitted for Drainage Area 2, Individual Infiltrations Basins (for cottages) and must be provided in the system at all times. The stormwater BMPs have been specified as StormTech MC-3500 or equivalent. [ref. Sheet DT-2 of Plans] a. b. C. d. e. f. h. 1400 (cottage and driveway, etc) 1400 67 1.0 (minimum) 85% 357 2.0 2 ft from bottom of system (minimum) 24 rflow to rip -rap plunge pool or existing storm system k. Receiving Stream/Basin: John Branch/French Broad I. Stream Index No.: 6-118-5 m. Classification of Water Body: C, ORW Drainage Area, ft2: Total Impervious Surface, ft2: No. of Cottages: Design Storm, inches: TSS removal efficiency: Permitted Storage Volume, ft3: Expected Infiltration Rate, inlhr: Seasonal High Water Table: Time to Draw Down, hrs: Outlet: Ove 11. SCHEDULE OF COMPLIANCE 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. 2. The permittee is responsible for verifying that the proposed BUA for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the BUA area may not be revised without approval from the Division, and responsibility for meeting the BUA 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. State Stormwater Permit Quigley Tract Permit No. SW1100701 4. The Director of the Division 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 BMPs shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 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. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the'date of completion of construction. 8. All stormwater BMPs 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 BMPs were used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater BMP, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater BMP must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater BMPs 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: State Stormwater Permit Quigley Tract Permit No. SW1100701 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 bypass structure, catch basins, piping, infiltration media, level spreader and filter strip. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept for each permitted BMP. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. The permittee shall submit to the Division an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 16. 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. 17. The permittee shall submit for approval, final site layout and grading plans for any designated future development area shown on the approved plans, prior to construction. 18. 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 State Stormwater Management Permit Number SW1100701, as issued by the Division of Water Quality under the stormwater rules. 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 BUA per lot is 8000 square feet. This allotted amount includes any BUA 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. BUA 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 stormwater BMP. This may be accomplished via 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 additional measures. h. BUA in excess of the permitted amount will require a permit modification. State Stormwater Permit Quigley Tract Permit No. SW1100701 i. If permeable pavement credit is desired, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of the permeable pavement. 19. 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. 20. Prior to transfer of the permit, the stormwater BMPs will be inspected by Division 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. 21. 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. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to' change ownership, or there is a name change of the Permittee, a completed Name/Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. 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 of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. 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 143-215.6A 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), which have 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 additional or replacement stormwater BMPs. 6. Permittee grants permission to staff of the Division to access the property for the purposes of inspecting the stormwater BMPs during normal business hours. 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 M State Stormwater Permit Quigley Tract Permit No. SW1100701 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 BMPs 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 as allowed by the laws, rules and regulations contained in Session Law 2006- 246, 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. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 20th day of April, 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for uolen H. 5uinns, Director Division of Water Quality By Authority of the Environmental Management Commission DWQ Stormwater Permit No. SW1100701 Madison County Quigley Tract Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icaIlylweeklylfuII time) the construction of the project, (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 construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Mail to: DWQIARO [Ref. SW10910011 2090 US Highway 70 Swannanoa, NC 28778 Page 1 of 2 DWQ Stormwater Permit No. SW1100701 Quigley Tract Madison County Certification Requirements: 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. 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. 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. cc: Madison County Planning/ Building Inspections Page 2 of 2 A - - • : - • i_ ` • • - 1 _1 In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, . William McKee acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for The Quigley Tract_ prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable builtupon area per lot is _8.000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the rightofway 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. T /n the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. 7 *50 foot fo-- prcic -ed in coastal�c�ou_nties. P711.Signature:Date: a State of 1VO-k11-1 AeoAll' ,4 County of -1/40—t(�Dd do hereby certify that A • ckc " - _personally appeared before me this the _ day of � 2a_L�L, and acknowledge the due execution of the foregoing instrument. Witness my hand and offj'c'�al W4�QR�'�i �� : ; Sign urea P1 �Y b� My Commission expires C Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 '/i/',, couN i� `�\,\, In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. 1, William McKee , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on ail persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable builtupon area per lot is _2.300_square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the rightofway 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. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the rightofway 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. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Pagel of 2 S a Notary Public in the State of / Y 0�TI-1 i 84901 /il4 , County of JA0— do hereby certify that GiJ % e EE personally appeared before me this the I day of 2k V 20 / and acknowledge the due execution of the foregoing instrument. Witness my hand and,,.. �' i V14;�i� SEAL Signat �e p q or My Commission expires c>1h/5-; C G ` COUNT`, 10/1/ 11Il O� Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 q1zM MOTIT-1-11" Lei V-111UYVALM10AW-11 V.11. In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, William McKee acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for The Quigley Tract prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under the Stormwater Management Regulations. 2, The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable builtupon area per lot is _8.000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the rightofway 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. *50 foot for projec-toc eded inh coastal counties. Signature: i .� /� / / Date: 7, q R 0 a Notary Public in the State of .YO&%L/ 1A11-, V,_1V_ t1A County of A. �lf�Gj OI� do hereby certify that . [,(�,'��/,¢h( �eEE personally appeared before me this the _ day of 20_J Q_, and acknowledge the due execution of the foregoing instrument. Witness my hand and Sign Lure POS, CY O My Commission expires � Form DRPC-5 Rev.2 05Nov2009 Pagel of l '�,V 00UNI llmiw\ Permit No. State of North Carolina (to be provided by 1)IvQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original 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 211 .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 21-1 .1000, Session Law 2006-246, and the DWQ BMP Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .I 008(g). 1. PROJECT INFORMATION Project Name : (Quigley Tract Contact Person: John Kinnaird, PE Phone Number: ( 828 )232-4700 Number of Lots:339 Allowable Built Upon Area (BUA) Per Lotx:8000sf Number of Dwelling Units Per Acre**:0.39 Low Density Development (check one): ® wilhout curb & gutter ❑ with curb & gutter, outlets to (check one): ❑ Swales ❑ Vegetated Area "if lot sizes are not uniform, attach a table indicating the number or 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 If Post -Construction (non -SA) only) 11. BUILT UPON AREA Refer to DWQ's forms and applications website for specific language that must be recorded in the deed restrictions for all subdivided projects. (http://li2o.enr.state.iic.us/su/bnip_forms.litnz) 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 of pavement. • "Total allowable lot BUA - the computed allowable built upon area for all lots combined. • "Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non -uniform lots. Form SW40I-Low tensity-Rev.4-20090c120 Page I of 4 Calculation: For uniform lot sizes: (SA: 37910268 ft2 x DF: A 1) — (RA: 1278441 ft2) — (OA: 108000 ft2) = BUA per Lot = 8000 ft2 (No of Lots: 3 For non -uniform lot sizes: a. (SA: ft2 x DF: ) — (RA: ft2) — (OA: ft2) = Total allowable lot BUA = ft2 b. Total 13UA from lot listing: sf b must be < a M. 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/pf ds/ Table 1. Swale design information based on the 10-vear storm. Swale No. Drainage Area (ac) Impervious Area (ac) Grassed Area (ac) C Q (efs) Slope (%} Vailow (fps) Vactual ___(fps) Flow Depth ft 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dorm SW40I-I-ow Density-Rev.4-2009W20 Page 2 of 4 IV. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H . l 000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-21 1. 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 nnet and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stotrnwater Management Permit Application Form, the agent may initial below. If anv item is not met, then justification must be attached. Only complete items in through o for projects with curb oullets. Page/Plan Initials Sheet No. NIA a. t 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. CE-I b. t For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is provided adjacent to surface waters. I C. r or Phase [I Post -Construction projects: All built upon area is located at least 30 feet landward of all perennial and intermittent surface waters. d. 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. CE-0 e. Built upon area calculations are provided for the overall project and all lots. CR-0 f. Project conforms to low density requirements within the ORW AEC. (if applicable per 15A NCAC 21­1 .1007) DT-2 g. Side slopes of swales are no steeper than 3:1; or no sleeper- than 5:1 for curb oullel swales. DT-2 h. 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%. DT-2 i. At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate. DT-2 j. 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). DT-2 k. Swale detail and permanent vegetation is specified on the plans. 1. Swales are located in recorded drainage easements. CE-1 m. Length of swale or vegetated area is at least 100 feet for each curb outlet. DT-2 n.tt 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). CE-1 o.tt Curb outlets direct flow to a swale or vegetated area. t Projects in the Neuse, Tar -Pamlico, Catawba River basins, and Randleman Lake may require additional Buffers. tt Only complete these items for projects with curb outlets. Form SW401-Irow Density-Rev.4-20090ct20 Page 3 of 4 V. SWALE SYSTEM MAINTENANCE REQUIREMENTS 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 runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 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 Tilled in without approval from NCDENR Division of Watcr Quality. 1 acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: William McKee - President Address: PO Box 523. Cashiers. NC 28717 Phone Slgnat Note: The legally responsible party should not he a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, a Notary Public for the State of%VOiif-� id _t 11 �. , County of do hereby certify that _ I/ i(i1Ylee'� personally appeared before me this,,,;�� day of / Y j-LcZ and acknowledge the due execution of the forgoing swale maintenance requirements. Witness my hand and official seal, Nola signature 161 Z NOTARY o- 5t 4 PUSUC At cokj�A 11144 My commission expires Form SW401-Low Density-Rev.4-20090ct20 Page 4 of 4 is DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW —1995 ❑ Coastal SW — 2008 ❑ Ph I1- Post Construction (select all that apply) ❑ Non -Coastal SW- HQ1N/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This foram may be photocopied for use as an original 1. GENERAL INFORMATION 1. Project Name (subdivision, faciiity, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): uigley Tract _. 2. Location of Project (street address): 832 Ho an's Mountain road City: FlotSprings County: -Madison Zip:28743 3. Directions to project (from nearest major intersection): Take exit 24 off of Interstate 40. Head North on Hwy 209. 'Turn right at Ferguson's store to stay on Hwy 209 N r h. Travel approximately 6.5 miles and-JIlLgntrance.will e on the right. 4. Latitude:350 42' 13" N Longitude:82° 52' 47" W of the main entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): New Modification b.lf this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: Not Started Partially Completed* Completed* *provide a designer's certification 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 DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, SW1091201 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: 121 ac of Disturbed Area NPDFS Industrial Stormwater 404/401 Permit: Proposed Impacts 8921f 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: Form SWU-101 Version 07July20t19 Page of 6 I11. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the protect): Applicant/Organization: Whitside Fund LP Signing Official & Title: William McKee - Managing Partner b.Contact information for person listed in item I above: Street Address: City: Mailing Address (if applicable): PO Box 523 City: Cashiers Phone: I8_28„ ...,�_ 743-3411 Email:awmckee@cashiers.com State: Zip: State:NC Zi p:28717 Fax: ( ) 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 the project is located on): Property Owner/ Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: Ci ty: Mailing Address (if applicable): City: Phone: ( ) Email: State: Zip: State: Zi Fax: ( ) 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 project: Other Contact Person/Organization: Signing Official & Title: b.Contact information for person listed in item 3a above: Mailing Address: City: Phone: ( ) Email: State: Zip: Fax: 4. Local jurisdiction for building permits: MadisonCounty Point of Contact: Ttyan Cody Phone #: (828 ) 649-3766 _._. Form SWU-10t Version 07July2009 Page 2of 8 IV. PROJECT INFORMATION 1. In the space provided below, bri�fJv summarize how the stormwater runoff will be treated. The majority of the site is low density and will he r ated using ra s swiles, andenergy dissipators on pipe outlets. The village area contains a hotel, spa, family center and cottages. T11i area will be high „Laity and will use BMP's such as bio-retention to treat stormwater. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: Approval of a Site Specific Development Plan or PUD Approval Date: Valid Building Permit Issued Date: Other: Date: b.ldentify the regulation(s) the project has been designed in accordance with: Coastal SW -1995 Ph 11 - Post Construction 3. Stormivater runoff from this project drains to the French Broad River basin. 4. Total Property Area: 899.7 acres 5. "Total Coastal Wetlands Area: acres 6. 'Total Surface IYater Area: 2.8 acres 7. Total Property Area (4) -Total Coastal Wetlands Area (5) -Total Surface LNater Area (6) = dotal Project Area: 896.9 acres Total Project area shall be calculated to exclude thefollowing: the normal pool of inrppounded structures, the area between the banks of streams and rivers, the area below the Norinal High Water (NNW) line or Mears High Water (MHW) lute, and coastal wetlands landward front the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Nori-coastal zoetlaiids landzoard of the NHW (or MHW) line may be included in the total project area. S. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 9.1 %, 9. How many drainage areas does the project have?4 (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. Basin Information Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4 Receiving Stream Name Spring Creek Johns Branch Johns Branch Johns Branch Stream Class * C, Tr, ORW C, Tr C, Tr C, 'rr Stream Index Number * 6-118-(1) 6-118-5 6-118-5 6-118-5 Total Drainage Area (sf) 870.3 (ac) 19.7 (ac) 4.7 (ac) 2.2 (ac) On -site Drainage Area (sf) 870.3 (ac) 19.7 (ac) 4.7 (ac) 2.2 (ac) Off -site Drainage Area (sf) 0 0 0 0 Pro osed Impervious Area** (sf) 96.6 (ac) 2.8 (ac) 2.7 (ac) 1.9 (ac) % Impervious Area** (total) 11.0 14.2 57.4 86.4 Impervious- Surface Area Drainage Area Drainage Area Drainage Area Drainage Area n-site Buildings/ Lots (so 65.4 (ac) 0.8 (ac) 1.1 (ac) 1.9 (ac) On -site Streets (sf) 29.3 (ac) 1..0 (ac) 0.9 (ac) On -site Parkin (so 0.9 (ac) 0.5 (ac) On -site Sidewalks (sf) 1.9 (ac) 0.1 (ac) 0.2 (ac) Other on -site (sf) Future (so Off -site (sf) Existing BUA*** (sf) Tota50:1 96.6 23 (ac) 2.7 (ac) 1.9 (ac) Stream Class and Index Number can be deterinined at: htfp:llh2o.enr.state.ttc,tislbinrslreports(to ortsWB.lrtnal �* filTpeTvioTis area is deli' zed as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 07,1uly2009 Page 3 of 8 `Report only that amount of existing BUA that will remain after development, Do not report any existing BLIA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. All areas were delineated using AutoCAD Projects in Union ount : Contact DIVQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that inay be subject to snore stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&N4) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from htt h2o.enr. tate.nc.us su bm forms.htm. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below, A detailed application instruction sheet and BMP checklists are available from http:/ / 112o.enr.state.nc.us/su /bm for�ms.htm. The complete application package should be submitted to the appropriate DWQ Office. ('fhe appropriate office may be found by locating project on the interactive online map at http:l /h2o.enr.state.nc.us/su/msi maps.litm.) 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 http:/ /112o.enr.state.nc.uslsu/burp forms.htm. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part V11 below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BiMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.orglvages/onestol2exi2ress.littnl for 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.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/ managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1h mile of the site boundary, include the 1h mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/ Project name. b.Engineer and firm. c.Location map with named streets and NCSR numbers. d.Legend. e.North arrow. f.Scale. g.Revision number and dates. h.ldentify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NI-IW line of tidal waters, and any coastal wetlands landward of the MHIV or NH11V lines. Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MI-1W (or NHVV) 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. [.Details of roads, drainage features, collection systems, and stormwater control measures. Form SWU-101 Version 07,Iu1y2009 Page 4of 8 niAYetlands 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.lsxisting 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). p,Vegetated buffers (where required). Cop), of any applicable soils report with the associated SH�VT 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"xll" 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 DWQ to verify the SHWT prior submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 226 Page No: 688 11. hor corporations and limited liability corporations (LLC): Provide documentation from the NIC Secretary of State or other official documentation, which supports the titles and positions held the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.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. http:/ / www.secretary.state.nc.us/ Corporations/CSearch.aspx Vlt. DEED RESTRICTIONS AND PROTECTIVE COVENANTS to by 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 httr)://h2o.enr.state.nc.us/su/ bmg forms.htm#deed restrictions. 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 DWQ, 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:_lohn_Kinnaird. PE Consulting hirm: Brooks Engineering A sociates Mailing Address: 17 Arlington Street_ City: Asheville State: NC Zip: 28801 Phone: 828 _ ) 232-4700 Email: jkinnaird@brooksea.com Fax: (828 ) 232-1331 Form SWU- l01 Version 0TIuly2009 Page 5 of 8 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has beers filled out, coniplete this section) 1, (print or type name of person listed in Contact Information, item 2a) , certify that l own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Inforrnatron, ifew In) with (prom or type nanie of organization listed in Contact Information, item Tb) to develop the project as currently proposed. A cop), 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. Form SWU-101 Version 07,1uly2009 Page 6of 8 As the legal property owner 1 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 DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of ITC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil pe tiq of p'to 2 ;0 per day, pursuant to NCGS 143-215.6. Signature: / �U% Date: I v7 I , a Notary Public for the State of / �- County of 014 , do hereby certify th�aatt J�[ , f (Jj 44 /,'4 /Y l 01rft personally appeared before me this day of C and acknowledge the due execution of the application for a stormwater permit. Witless riy hand and off' 1 seal, 4 I � S1Q PUBLIC G� cW b)- 0 --2— Form SWU-101 Version 07.fuly2009 Pagc 7of 8 X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed nr Contact Inforrrration, iterrr 2) William McKee certify that the information included on this permit application form is, to the best of my knov,,ledge, 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 rule d r 1 2 . 000, SI_ 2006-246 (Ph. 11 — Post Construction) or SL 2008-211, Si nature:/" / Date: g i ( j 1, a Notary Public for the State of County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires Form SWIJ-101 Version 07,luly2009 Page 8 of 8 Permit Number: (to be provided by DJYQ) Drainage Area Number: Infiltration Trench Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area of the infiltration trench will be carefully managed to reduce the sediment load to the sand filter. — The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired i.mmed.iately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or Areas of bare soil and/or Regrade the soil if necessary to other pretreatment area erosive gullies have formed. remove the gutty, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. Form SW401-Infiltration Trench O&M-Rev.3 Page I of a BMP element: Potentialproblem: How I will remediate the problenr. The trench Water is ponding on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not impact a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75% of the original from the infiltration system and design depth. dispose in a location that will not impact a stream or the BMP. Grass or other plants are Remove the plants, preferably by growing on the surface of the hand. If pesticide is used, wipe it on trench. the plants rather than spraying. The observation well(s) The water table is within one Contact the DWQ Stormwater Unit foot of the bottom of the immediately at 919-733-5083. system for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. The outflow pipe is darna Ted. Repair or replace the pipe. The emergency overflow Erosion or other signs of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. repair. The receiving water I-rosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- ou tlet. 733-1 786. Form SW401-Infiltration Trench O&M-Rev.3 Page 2 of 3 Pennit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of an), problems with the system or prior to any changes to the system or responsible party. Project name: The Quigleyi 'l'ract 13MP drainage area number Print name: William McKee Title: -Managing artner Address: PO Box 523 Cashiers, NC 28717 Phone: Signatt Date: 5 � — /CJ Note: The legally responsible party 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. a Notary Public for the State of emn6�//� , County of ` skCeS6W , do hereby certify that UJt 1,k1A-kt N9�EE _ personally appeared before me this - day of MIA , o2b /D , and acknowledge the due execution of the forgoing infiltration trench maintenance requirements. Witness my hand and official seal; so R =� NOTARY � pUBLIC v= iv =� '6� IV coo' ��� SEAL My commission expires lka Fonn SW401-Infiltration `french O&M-Rev.3 Page 3 of 3 Permit Number: (to be provided by DWQ) Drainage Area Number: Bioretention Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures: — Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). — Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell. — Heavy equipment will NEVER be driven over the bioretention cell. — Special care will be taken to prevent sediment from entering the bioretention cell. — Once a year, a soil test of the soil media will be conducted. After the bioretention cell is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblems: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to bioretention cell erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application, The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the stone verge or swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to Swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting; or riprap to avoid future roblems with erosion. Stone verge is clogged or Remove sediment and clogged covered in sediment (if stone and replace with clean stone. applicable). Form SW401-Bioretention O&M-Rev.3 Page I of 6 BMP element: The pretreatment area The bioretention cell: vegetation The bioretention cell: soils and mulch Potential problems: Flow is bypassing pretreatment area and/or gullies have formed. Sediment has accumulated to a depth greater than three inches. Erosion has occurred Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. 'free stakes/wires are present six months after planting. Mulch is breaking down or has floated away. Soils and/or mulch are clogged with sediment. An annual soil test shows that pl-I has dropped or heavy metals have accumulated in the soil media. How I will remediate the problem: Regrade if necessary to route all flow to the pretreatment area. Restabilize the area after grading. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and restabilize the pretreatment area. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. Prune according to best professional practices. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove tree stake/wires (which can kill the tree if not removed). Spot mulch if there are only random void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum depth of three inches. Determine the extent of the clogging - remove and replace either just the top Iayers or the entire media as needed. Dispose of the spoil in an appropriate off -site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if Dolomitic lime shall be applied as recommended per the soil test and toxic soils shall be removed, disposed of properly and replaced with new planting media. Form S W401-Bioretention O&M-Rev.3 Page 2 of 6 BMP element: Potentialproblems: How I will remediate theproblem: The underdrain system Clogging has occurred. Wash out the underdrain system. (if applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off -site. The drop inlet is damaged Repair or replace the drop inlet. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- ou tlet. 733-1786. Form SW40i-Bioretention O&M-Rev.3 Page 3 of 6 I Permit Number: (to be provided by DIVQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: The Quigley Tract BMP drainage area number: 2 - Bio-retention #1 Print name: William McKee Title: Manapinp, Partner Address: PO Box 523 Cashiers NC 28717 Phone: Signati Date: "? Note: The legally responsible party 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. /-[ d ec6m , a Notary Public for the State of hTl1 IIAWAIA County of' '����SO , do hereby certify that personally appeared before me thisZL--�L- day of[AM D 1(), and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, (-�� u - " *-tkte-n� NOTARY a� PUBLIC r ONrCOUN;` 1I I11 SEAL My commission expires F 10, f Form SW401-Bioretention I&M-Rcv. 2 Page 4 of 6 Permit Number: (to be provided by DWQ) Drainage Area Number: Bioretention Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures: - Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). - Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell. - Heavy equipment will NEVER be driven over the bioretention cell. - Special care will betaken to prevent sediment from entering the bioretention cell. - Once a year, a soil test of the soil media will be conducted. After the bioretention cell is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblems: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to bioretention cell erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the stone verge or Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to Swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and clogged covered in sediment (if stone and replace with clean stone. applicable). Form SW40 I -Bioretention O&M-Rev.3 Page I of 4 BMP element: The pretreatment area The bioretention cell: vegetation The bioretention cel I: soils and mulch Potential problems: Flow is bypassing pretreatment area and/or gullies.have formed. Sediment has accumulated to a depth greater than three inches. Erosion has occurred Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. "free stakes/wires are present six months after planting. Mulch is breaking down or has floated away. Soils and/or mulch are clogged with sediment. An annual soil test shows that pH has dropped or heavy metals have accumulated in the soil media. How I will remediate the problem: Regrade if necessary to route all flow to the pretreatment area. Restabilize the area after grading. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and restabilize the pretreatment area. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. Prune according to best professional practices. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary.` Remove tree stake/wires (which can kill the tree if not removed). Spot mulch if there are only random void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum de th of three inches. Determine the extent of the clogging - remove and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off -site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if possible. Dolomitic lime shall be applied as recommended per the soil test and toxic soils shall be removed, disposed of properly and replaced with new planting media. Form SW401-Bioretention O&M-Rev.3 Page 2 off4 13MP element: Potentialproblems: How I will remediate theproblem: The underdrain system Clogging has occurred. Wash out the underdrain system. (if applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off -site. The drop inlet is damaged Repair or replace the drop inlet. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW40 I -Bioretention O&M-Rev.3 Page 3 of 4 Permit Number: (to be provided by DJVQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: The _ ui_t;ley Tract BMP drainage area number: 4 - Bio-retention 93 Print name: William McKee Title:-Manap,ing Partner Address: PO Box 523 Cashiers NC 28717 Ph Sit Date: — / —/ U Note: The legally responsible party 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. a Notary Public for the State of County of �, SQ/�( , do hereby certify that personally appeared before me this day of o'ZQ / D , and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, Fc NOTARY PUBLIC _ ice'/;/'/�N Icokj 1A flll SEAL My commission expires Form SW401-Bioretention 1&M-Rev. 2 Page 4 of 4