SW5191001_Permit_20200420

State Stormwater Permit
Permit No. SW5191001
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
Ellington Contracting Inc.
for
22 Davie LLC
1217 Harold Andrews Road, Siler City, NC
Chatham County
FOR THE
construction, operation and maintenance of a low density development, in compliance with
the provisions of 15A NCAC 02H .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 State 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This permit shall be effective from the date of issuance until rescinded, and shall be subject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 specified conditions and limitations:
I. DESIGN STANDARDS
The overall tract built -upon area percentage for the project must be maintained
below 24%, as required by 15A NCAC 2H .1017 of the stormwater rules.
2. Approved plans and specifications for the project covered by this permit are
incorporated by reference and are enforceable parts of the permit.
3. The only runoff conveyance systems allowed shall 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.
4. No piping is allowed except that minimum amount necessary to direct runoff beneath
an impervious surface such as a road or to provide access.
5. All roof drains must terminate at least 30 foot from the mean high water mark.
6. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent streams.
7. All swales that discharge into a wetland shall do so at a non -erosive velocity for the
10-year storm.
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State Stormwater Permit
Permit No. SW5191001
8. Each builder and/or property owner must have plans for individual lots approved,
knowing and understanding the BUA limit and the prohibition against excessive
piping, how to size the driveway pipe, knowing where the buffer is on that lot,
knowing where the drainage easements are and the expectation to keep existing
swales open, and ensuring roof gutters and impervious surfaces are disconnected to
the maximum extent technically feasible.
9. Curb cuts must be provided where ribbon curbs and/or curb and gutter is provided.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area.
2. 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.
3. This project shall not be sold or subdivided in whole or in part without first receiving
a permit modification.
4. The following deed restrictions shall be recorded with the Office of the Register of
Deeds:
a. The following covenants are intended to ensure onnoina compliance with
State Stormwater Management Permit Number sw Permit # SW5190201
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
C. These covenants are to run with the land and be binding on all 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.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the State.
f. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
g. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification prior to
construction. An engineered system will be required to collect and treat the
runoff from all built -upon area associated with the project, including that area
permitted under the low density option.
h. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings, is
strictly prohibited by any persons.
i. The built -upon areas shall be located a minimum of 30 feet landward of all
perennial and intermittent surface waters.
5. A copy of the recorded restrictions must be received in this Office within 30 days of
the date of sale.
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the permitted development, except for average driveway crossings, is strictly
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State Stormwater Permit
Permit No. SW5191001
prohibited by any persons.
7. 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 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, acquisition, or sale of the project area in whole or in part.
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 any vegetative conveyance shown on the
approved plan.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
9. 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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
10. Within 30 days of completion of the project, the permittee shall certify in writing that
the project has been constructed in accordance with the approved plans.
11. 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
This 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 re -
issuance of the permit to change the name and incorporate such other requirements
as may be necessary. In the event of a name or ownership change, a completed
Name/Ownership Change form, signed by both parties, must be submitted to the
State accompanied by the supporting documentation as listed on page 2 of the form.
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 the
Director approves a transfer of ownership. Neither the sale of the project nor the
transfer of common areas to a third party, such as a homeowner's association,
constitutes an approved transfer of the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action in accordance with North Carolina
General Statutes 143-215.6A to 143-215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and
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State Stormwater Permit
Permit No. SW5191001
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 of the North Carolina Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et. al.
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 the State, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants permission to DEQ Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the 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 swales shall
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 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.
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.
Permit issued this the 20t" day of April 2020.
for Brian Wrenn
Acting Director, Division of Energy, Mineral, and Land Resources
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State Stormwater Permit
Permit No. SW5191001
Ellington Contracting Inc.
22 Davie LLC
Chatham County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project Name)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Submit to: NCDEQ-DEMLR Raleigh Regional Office
3800 Barrett Dr.
Raleigh, NC 27609
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