SW7980525_Final Permit_20121120

OEM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Charles F. Tyson, General Partner
Tyson & Hines Investments, LLC
2410 MLK Blvd.
New Bern, NC 28560
Dear Mr. Tyson:
Charles Wakild, PE
Director
November 20, 2012
Subject: Stormwater Permit No. SW7980525
Fair Lawn
Low Density Subdivision Permit
Craven County
Dee Freeman
The Washington Regional Office performed an Stormwater Management Permit inspection on
November 20, 2012 for Fair Lawn in order to assist with the transfer of the Stormwater Management
Permit as well as the project name change from Eden Garden to Fair Lawn. 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. We are forwarding Permit No. SW7980525, dated
November 20, 2012, for the continued operation and maintenance of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede 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 adtudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact either
Scott Vinson at [phone].
Sincerely,
�jj 1.4
harles Wakild, PE, Director
Division of Water Quality
AA/sv: S:\WQS\STORMWATER\PERMIT\SW7980525
cc: Washington Regional Office
North Carolina Division of Water Quality Internet: www.ncwaterquality ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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State Stormwater Management Systems
Permit No.SW7980525
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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
Tyson & Hines Investments, LLC
Fair Lawn
Craven County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H A 000 (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.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 17 lots is limited to a maximum of 2,287 square feet of built -upon
area, as indicated in the approved plans.
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 30% per the requirements of Section .1005 of the stormwater
rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Pr9jjects covered by this permit will maintain a minimum 50 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 50 feet from the mean high water mark or
top of stream bank.
II. SCHEDULE OF COMPLIANCE
1. Swales and 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.
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State Stormwater Management Systems
Permit No.SW7980525
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. Mowin.9, and revegetating 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 access 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 have been
recorded with the Office of the Register of Deeds. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater
management:
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State Stormwater Management Systems
Permit No.SW7980525
a. A statement of the allowable built -upon area per lot in the following form:
"The allowable built -upon area per lot shall not exceed 2287 square feet,
inclusive of that portion of the right-of-way between the front lot line and
the edge of pavement, structures, pavement, walkways of brick, stone,
slate, not including wood decking."
b. Items related to stormwater management must remain in the deed
restrictions, and this is to be indicated by including the following:
The covenants pertaining to stormwater regulations may not be changed
or deleted without concurrence of the State.'
C. To assure that vegetated conveyances are not piped, deed restrictions
must indicate that:
"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."
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 compliance 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 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.
15. Stormwater conveyances 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.
16. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
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 reissuance, or
termination does not stay 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.
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State Stormwater Management Systems
Permit No.SW7980525
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
requirements as may be 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
may or 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 permittee 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 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. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 20th day of November, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
- --'--------- -- g-------- for
.
Charles Wa d, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7980525
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