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HomeMy WebLinkAboutSW3130501_Final Permit_20200730ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director Kristen Fields Ladera Property Owner's Association P.O. Box 2664 Matthews, NC 28106 NORTH CAROLINA Environmental Quality July 30, 2020 Subject: Permit Transfer Stormwater Permit No. SW3130501 Ladera Residential Subdivision Union County Dear Ms. Fields: The Division of Energy, Mineral and Land Resources (DEMLR), received a complete Stormwater Management Permit Transfer Application for the subject project on July 9, 2020. A file review was performed by DEMLR staff. As indicated on the Permit Transfer Application form, you have acknowledged receipt of a copy of. the permit, the approved plans, the designer's certification, and the approved operation and maintenance agreement. By acknowledging receipt of the permit, and by signing the Permit Transfer Application form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW313051 has been transferred on July 20, 2020 and to remind you that this permit shall be effective until September 13, 2021. For your records, please find enclosed a copy of the Permit Transfer Application form submitted on July 9, 2020. Please keep this cover letter, the updated permit, and the associated permit documents on file. This permit is subject to the conditions and limitations as specified in the updated permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s), procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to transfer the permit, or to renew the permit will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 Anen at (919) 707-3649; or Corey.Anen@ncdenr.gov. D E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 m )ry rN cmo:. i o.,nro�.m or E�.w�����a�:r� /� 919.707.9200 Sincerely, for Brian Wrenn, Acting Director, Division of Energy, Mineral and Land Resources cc: SW3130501 File, Mooresville Regional Office cc: Anthony Cowan — Isaacs Group State Stormwater Permit Permit No. SW3130501 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY STATE STORMWATER MANAGEMENT PERMIT 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 Ladera Property Owner's Association for Ladera Residential Subdivision 9601 New Town Road Waxhaw, Union County FOR THE construction, operation and maintenance of one wet detention pond, three sand filters, and one Level Spreader — Vegetated Filter Strip (LS-VFS) in compliance with the provisions of 15A NCAC 02H .1000 and S.L. 2006-246 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans, specifications and other supporting data as on file with and approved by the State and considered a part of this permit. This permit shall be effective from the date of issuance until September 13, 2021, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The stormwater control has been designed to handle the runoff from 623,780 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated in Section 1.7, of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 6 State Stormwater Permit Permit No. SW3130501 6. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. 7. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: 07 Drainage Area (acres): Onsite (ft2): Offsite (ft2): Total Impervious Surfaces (ft2): Buildings (ft2): Roads/Parking (ft2): Other (ft2): Offsite (ft2): Pond Depth (ft): TSS Removal Efficiency: Design Storm (inches): Permanent Pool Elevation (FMSL) Permitted Surface Area at PP (ft2): Permitted Storage Volume (ft3): Storage Elevation (FMSL): Controlling Orifice (inches): Permanent Pool Volume (ft3): Forebay Volume (ft3): Receiving Stream / River Basin: Stream Index Number: Classification of Water Body: 29.3 1,276,308 0 376,794 284,236 81,551 11,007 0 7.04 90% 2.72 629.00 23,426 55,645 631.04 4.0 76,632 18,939 Cowhorn Branch / Catawba 11-138-3-6-1 "U, 8. The following design criteria have been provided in three sander filters and must be maintained at design condition: E 0 n 0 Drainage Area (acres): Onsite (ft2): Offsite (ft2): Total Impervious Surfaces (ft2): Onsite (ft2): Offsite (ft2): Design Storm (inches): Sed. Chamber Bottom Elev. (FMSL) Top of Sand Elevation (FMSL): Seasonal High Water Table (FMSL); Sand Depth (ft): Bottom of Sand Elev. (FMSL): Sediment Chamber Area (ft2): Sand Chamber Area (ft2): Permitted Storage Volume (ft3): Bypass / Storage Elevation (FMSL): Drawdown Time (hours): Underdrain Diameter (inches): Receiving Stream / River Basin: 5.0 5.96 219,107 260,053 0 0 61,855 78,844 61,855 78,844 0 0 2.72 2.72 625.0 612.0 612.0 610.5 610.5 1.5 1.5 610.5 610.5 1,519 1519 1,220 1,300 12,589 16,041 630 616.55 40 40 6 6 Cowhorn Branch / Catawba 7.63 332,363 0 106,287 106,287 0 2.72 644.5 640.8 1.5 640.80 2,261 1,870 18,750 648 40 6 Page 2 of 6 State Stormwater Permit Permit No. SW3130501 p. Stream Index Number: 11-138-3-6-1 q. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all time provide the operation and maintenance necessary to assure every SCM functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, level spreader, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure must be available at all times. 3. The sand filter shall be maintained in a manner that results in a drawdown of at least two inches per hour at the sand surface. When the filtering capacity has diminished below this level, then remedial actions shall be taken. 4. Records of maintenance activities must be kept for each SCM. The reports will indicate the date, activity, name of person performing the work and what actions were taken. The owner shall keep maintenance records and these shall be available upon request by the party responsible for enforcing the stormwater program under which the SCMs were approved. 5. The permittee shall submit an annual summary report of the maintenance and inspection records for each SCM. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 6. Each SCM shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 7. 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 each SCM certifying that each 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. A modification may be required for those deviations. 8. SCMs impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. Page 3 of 6 State Stormwater Permit Permit No. SW3130501 9. 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 item shown on the approved plans, including the stormwater management measures, 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, lease 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 was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of eight years from the date of the completion of construction. 11. 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. 12. All SCMs and associated maintenance accesses on privately owned land except for those located on single family residential lots shall be located in permanent recorded easements. The SCM shall be shown and labeled within the easement. These easements shall be granted in favor of the party responsible for enforcing the stormwater program under which the SCMs were approved. SCMs must have access and maintenance easements to provide the legal authority for inspections, maintenance personnel and equipment. The entire footprint of the SCM system must be included in the access and maintenance easement, plus an additional ten or more feet around the SCM to provide enough room to complete maintenance tasks. This SCM system includes the side slopes, forebay, riser structure, SCM device, and basin outlet, dam embankment, outlet, and emergency spillway. 13. The O&M Agreement shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the O&M Agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In Page 4 of 6 State Stormwater Permit Permit No. SW3130501 the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the State, accompanied by the supporting documentation. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the State, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 21-1.1000, 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. Page 5 of 6 State Stormwater Permit Permit No. SW3130501 Permit issued this the 301" day of July, 2020. for Brian Wrenn Acting Director, Division of Energy, Mineral, and Land Resources Page 6 of 6