HomeMy WebLinkAboutSW4060701_Final Permit_20071001Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Glenn Fournier, Vice President
CNL Blowing Rock I, LLC
450 South Orange Avenue
Orlando, Florida 32801
SUBJECT: Permit No. SW4060701
CNL Project
Low Density Stormwater Project
Watauga County
Mr. Fournier:
Coleen Sullins. Director
Division of Water Quality
01 October 2007
The Winston-Salem Regional Office received the Permit Name/Ownership Change form for the
subject project on October 1, 2007. Accordingly, please find attached a modification to permit number
SW4060701 that reflects the name/ownership change request. We are forwarding Permit No. SW4060701
(modification), dated October 1, 2007, to you.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified herein.
If any parts, requirements or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Corey
Basinger at (336) 771-5000.
Sincerely,
Steve W. Tedder
Water Quality Supervisor
cc: Watauga County Planning
Sarah Davis, Melrose Design Group (56 White Oak Rd., Arden, NC 28704)
Central Files
HQWFile/WSRO
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
Internet: www.ncwaterquality.org
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOVE' DENSITY DEN7ELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statues of North Carolina as
amended, and other applicable Laws, Rules, and Regulations:
PERMISSION IS HEREBY GRANTED TO
CNL BLOWING ROCK I, LLC
WATAUGA COUNTY
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with the
provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications, and other supporting data as attached and on file with
and approved by the Division of Water Quality and considered a part of this permit for the CNL Project .
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
l . The overall tract built -upon area percentage or lot sizes for the project must be maintained at levels at.
least as stringent as the low density levels specified in the stormwater rules. These levels are
summarized below (more stringent levels may apply in accordance with the rules):
DEVELOPMENT THAT IS WITHIN: TLOW DENSITY LEVEL:
The twenty coastal counties
One-half mile of and draining to SA waters
30%
25%
One mile of and draining to HQWs 40,000 square feet lots
(Minimum Lot Size)
Defined management area for Freshwater ORWs 40,000 square feet lots
Minimum Lot Size
2. The development must demonstrate that no areas within the project site are of such high density that
stormwater runoff threatens water quality.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference
and are enforceable parts of the permit.
4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3:1 (H:V) where possible, and in no case less that 2:1, rip rapped swales,
or curb outlets systems as defined in the stormwater rules and approved by the Division.
5. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
6. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
7. The Permittee shall not fill in, alter, or pipe any vegetative practices (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.
8. The Engineer/Permittee must certify that the project's stormwater controls and impervious surfaces
have been constructed within substantial intent of the approved plans and specifications.
9. The following items will require a modification to the permit:
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 of the project area.
In addition, the Director may determine that other revisions to the project should require modification
to the permit.
10. 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.
II. SCHEDULE OF COMPLIANCE
1. The Permittee shall comply with the following schedule for construction and maintenance
of the Low Density Option stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
2. 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 revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans specifications.
3. The Permittee shall submit the Engineer/Permittee Certification in accordance with
Part I Item 8 within 30 days of completion of the project.
4. The Permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may, subject the
Permittee to enforcement action 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 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.
5. The Permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction for those
revisions under any of the following conditions:
a. Any additions, deletions, or redesign of the previously permitted amount of
built -upon area proposed, regardless of the size of the modification.
b, Further subdivision of the project area.
6. The permit is not transferable to any person 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 form 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.
7. The issuance of this permit does not exempt the Permittee from complying with any and
all statutes, rules, regulations, or ordinances that may be imposed by other government
agencies (i.e., local, state, and federal) having jurisdiction, including but not limited to
applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation
control requirements in 15 A NCAC Chapter 4 and under the Division's General Permit
NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200
and 15A NCAC 2H .0500, and all applicable North Carolina Occupational Safety and
Health Act health and safety standards.
Permit issued this 1st day of October 2007.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-e/ie------
Steve W. Tedder, Water Quality Supervisor
Permit Number SW4060701 (modification)