HomeMy WebLinkAboutSW7060711_Final Permit_20061025Michael F. Easley, Governor
i William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
i
� Alan W. Klimek, P.E. Director
Division of Water Quality
October25, 2006
C.A. Howard & John J. Flora I I I
P.O BOX 94.
Currituck, NC 27929
Subject: Stormwater Permit No. SW7060711
Trotter Estates
Low Density Subdivision Permit
Camden County
Dear Mr. C.A. Howard & John J. Flora III:
The Washington Regional Office received a complete Stormwater Management Permit Application for the subject project on
July 14, 2006. 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. Wears forwarding Permit No. SW7060711 dated October
25, 2006, for the construction of the subject project.
This permit shall be effective from the data of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein, and does not supersede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written requestwithin 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 either Samir Dumpor or me
at (252) 946-6481.
Si cerelly
AI Hodge, Ragi�pervisor
Surface Water Protection Section
Washington Regional Office
oc: Edward T. Hyman Jr. PE, Hyman & Robey, PC, P.O. Box 339, Camden, NC 27921
Camden County Building Inspections
✓GVashington Regional Office
Central Files
North Carolina Division of Water Quality Internet: On.,et,,
943 Washington Square Mall Phone (252) 946-6481 N 1IhCaTO11111
Washington, NC 27889 Fax (252)946-9215 X&riii&
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Permit Number SW7060711
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
C.A. Howard & John J. Flora III
Trotter Estates
Camden County
FOR THE
construction, operation and maintenance of a low density residential development in compliance with the provisions of 15A
NCAC 21-1.1000 (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 rescinded and shall be subject to the following specific
oonditionsand limitations:
I. DESIGN STANDARDS
1. Each of the 8 lots in this 86.91 acre residential development is limited to a maximum square footage of built -upon
area as shown in Attachment A of this permit.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30% or less per the
requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by referenceand are
enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 feet wide vegetative buffer between all impervious
areas and surface waters.
5. The on ly runoff conveyance systems a] lowed wi I I be vegetated conveyances such as swales; with min imum side
slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division.
6. Al I roof drains must terminate at least 39 from the mean high water mark
II. SCHEDULE OF COMPLIANCE
1. Swaleaand other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their
intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and.revegstating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. 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 any of the items shown on the approved plans, including the stormwater management
system, design concept, built -upon area, details, etc.
b. Project name change..
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area:
e. Further subdivision, acquisition, or selling of the project area
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to the permit.
6. The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request
7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface
such as a road and that minimum amount needed under driveways to provide acoacs to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in
the North Carolina Erosion and Sediment Control Planning and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon
area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of
Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property
owner, provided that the permittee complies with the requirements of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing that the projects stormwater
controls, and impervious surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register
of Deeds prior to the sale of any lot Recorded deed restrictions must include, as minimum, the following
statements related to stormwater managerment:
a. The following covenants are intended to ensure ongoing compliance with Stale Stormwater Management
Permit Number SW7060711 as issued by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stommwater Management Permit.
C. These covenants are to run with the land and be binding on al I 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 as shown in Attachment A of this permit. 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, and coquina, but does not include raised,
open wood decking, or the water surface of swimming pools.
g. 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.
h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters.
j. Al I roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per
lot within 30 days of the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the
restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC
do not relieve the lot owner of the responsibility to maintain oornplianoe with the permitted BUA limit.
14. 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
sdh,edule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of
revised plansand certification in writing to the Director that the changes have been made.
15. Stormwater conveyanos will be located in either dedicated right-of-way (public or private), recorded common
areas or recorded drainage easements. The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
Ill. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforoementaction by the Division of Water Quality, in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit maybe modified, revoked and reissued or terminated for cause. The filing of a request for a permit
modification, revocation and reissuanos, or termination does not slay any permit condition.
4. 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 Title 15A
of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.
al.
5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and incorporate
such other requiremenris as maybe necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits, and mayor may not
be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the
permit transfer request. Transfers to third parties by the permittes where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for transferring the permit.
7. The issuance of this permit does not preclude the Perm ittee from complying with any and al I statutes, rules,
regulations, or ordinanoes which may be imposed by other government agencies (local, state and federal) which
have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted.
8. The permitter grants permission to DENR Staff to enter the property during business hours for the purposes of
inspecting Mestormwater management system and its components.
9. The rmitteeshall I notify the Division of Water Quality of any name, ownership or mailing address changes within
30 days.
Permit issued this the 25th day of October 2006.
NO TH CARO . A ENVIRONMENTAL MANAGEMENT COMMISSION
�. Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
PERMIT NO SW7060711
ATTACHMENT A OF SW7060711
Lot #
Area of lot
Allowable Built Uoon Area Per Lot
In square feet
in square feet
1
436,036
123,734
2
436,036
123,388
3
436,036
124,428
4
436,036
98,066
5
518,053
4,050
6
548,942
3,503
7
437,983
20,003
8
454,199
37,701