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
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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