HomeMy WebLinkAboutSW7021010_Final Permit_20091204Beverly Eaves Perdue
Governor
14402-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
December 4, 2009
William N. Miles, President
Shine Landing Property Owners Association, Inc.
Post Office Box 128
Arapahoe, North Carolina 28510
Dear Mr. Miles:
Dee Freeman
Secretary
Subject: Stormwater Permit No. SW7021010 & SW7050604
Shine Landing & Shine Landing West
Low Density Subdivision Permit
Pamlico County
The Washington Regional Office received a complete Stormwater Management Permit Name/Ownership
Change Application for Shine Landing & Shine Landing West on November 17, 2009. 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 new Permit Nos. SW7021010 & SW7050504, dated
December 4, 2009, for the construction and maintenance of the subject project issued to Shine Landing
Property Owners Association, Inc.. The original two permits issued to Coastal Marketing & Development
Company are henceforth rescinded to be replaced with the enclosed permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions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 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 150E of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. 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 or me at (252) 946-6481.
Jinct,
Regional Supervisor
Surface Water Protection Section
AH/sv: K:SAV\K-Stormwater\PERMIT\SW7021010&SW7050504-Shine Landing
cc: Duncan Harrison, Coastal Marketing & Development Company
P mlico County Inspections
Washington Regional Office
Central Files
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
An Fnual Ononrlunity 1 ARrmalive Action Fmnlover
Internet: www,ncwaterquality.org
Phone: 252-946-6481 \ FAX: 252-946-9215
FAX 252-946-9215
Nne
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Nafta�allif
State Stormwater Management Systems
Permit No.SW7021010 & SW7050504
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Shine Landing Property Owners Association, Inc.
Shine Landing & Shine Landing West
Pamlico County
FOR THE
construction, operation and maintenance of a 25% low density subdivision 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.
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 95 lots in Shine Landing and 25 lots in Shine Landing West is limited to that
maximum amount of built -upon area as indicated in the attachments of this permit, the
applications and as shown on the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at 25%
per the requirements of Section .1005 of the stormwater rules.
3. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
4. 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. This project proposes a curb outlet system. Each designated
curb outlet swale or 100' vegetated area shown on the approved plan must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -
erosive manner, maintain a dense vegetated cover, and be located in either a dedicated
common area or a recorded drainage easement.
5. All roof drains must terminate at least 50 foot from the mean high water mark.
6. Level spreaders shall be provided at the ends of all swales that discharge into a
regulated wetland or any surface water.
7. No direct discharges to class SA Waters are allowed.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW7021010 & SW7050504
II. SCHEDULE OF COMPLIANCE
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.
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. 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.
f. Maintenance of level spreaders and infiltration areas in accordance with
approved plans and O&M documents.
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 permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
6. 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.
Within 30 days of completion of the project, the permittee must certify in writing that the
project's 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.
8. 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.
9. Deed restrictions are incorporated into this permit by reference and must be recorded
with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed
restrictions must include, as a minimum, the following statements related to stormwater
management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7021010 & SW7050504, as issued
by the Division of Water Quality under NCAC 2H.1000.
Page 3 of 5
State Stormwater Management Systems
Permit No.SW7021010 & SW7050504
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 of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is (see attached) square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. 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.
h. Each lot will maintain a 50 foot wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 50 foot from the mean high water mark.
j. If permeable pavement credit is desired, the property owner must submit a
request, with supporting documentation, to the permittee and receive approval
prior to construction of the permeable pavement.
10. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the
date of recording.
11. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB) 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 or ARB do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA limit.
12. All 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.
13. 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.
14. If permeable pavement credit is desired, the permittee must submit a request to modify
the permit to incorporate such language as required by the Division of Water Quality.
The request to modify must include a soils report identifying the type of soil, the
Seasonal High Water Table elevation and the infiltration rate. Upon the successful
completion of a permit modification, the individual lot owners that request to utilize
permeable pavements must submit the necessary forms and documentation to the
permittee and receive approval prior to construction of the permeable pavement.
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 Division of Water Quality
Page 4 of 5
State Stormwater Management Systems
Permit No.SW7021010 & SW7050504
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 by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
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 2008-211, Title 15A of the North
Carolina Administrative Code, Subchapter 21-1.1000; 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 Division, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the stormwater
management facility.
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.
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. 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 41" day of December, 2009.
N RlT CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
U - for
Coleen H. Sulli s Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7021010 & SW7050504
Page 5 of 5
L ,-,
(/
Attachment A
Lot Number
Sq. Ft. of lot
Sg Ft of impervious area allowable
1
-30,810
6972.5
2
33,560
7660
3
37,530
8652.5
4
32860
7485
5
27,940
6255
6
28,280
634.0
7
24,450
5382.5
8
21,950
5487.5
9
26,400
.5870
10
33,810
7722.5
11
32,430
7377.5
12
28,600
6420
13
28,440
6380
14
28,440
6380
15
28,440
6380
16
27,660
6185
17
25,300.
5595
18
66,270
8878.5
19
46,980
8745
20
30,200
6820
21
27,606
6170
22
27,680
6190
23
32,420
7375
24
31,910
7247.5 ,
25
3,000
750
Proposed 95 Lot Subdivision
Allowable Built Upon
Allowable Built Upon
Lot No's
Sq.Ft.
Acres
Area Per Lot (Sq.Ft.)
Area Per Lot (%)
1
42,407
0,974
10601.75
25.00%
2
26,309
0.604
6577.25
25.00%
3
27,376
0,628
6844
25.00%
4
27,757
0.637
6939.25
25.00%
5
27,494
0.631
6873.5
25.00%
6
23,451
0.538
5862.75
25.00%
7
21,780
0.500
5445
25.00%
8
115,957
2.662
15000
12.94%
9
48,742
1.119
9785.5
20.08%
10
28,260
0.649
7065
25.00%
11
28,875
0.663
7218.75
25.00%
12
29,087
0.668
7271.75
25.00%
13
21,780
0.500
5445
25.00%
14
30,639
0.703
7659.75
25.00%
15
25,168
0.578
6292
25.00%
16
22,436
0.515
5609
25.00%
17
82,141
1.886
18135.25
22.08%
18
67,791
1.556
14547.75
21.46%
19
67,567
1.551
14491.75
21.45%
20
75,735
1.739
16533.75
21.83%
21
72,307
1.660
15676.75
21.68%
22
43,560
1.000
10890
25.00%
23
49,202
1.130
11100.5
22.56%
24
.69,144
1.587
17286
25.00%
25
80,479
1,848
17719.75
22.02%
26
44,322
1.017
11080.5
25.00%
27
48,175
1,106
10843.75
22.51%
28
75,847
1.741
16561.75
21.84%
29
50,427
1.158
10206.75
20.24%
30
50,940
1.169
10335
20.29%
31
59,311
1.362
12427.75
20195%
32
77,919
1.789
17079.75
21.92%
33
51,311
1.178
10427.75
20.32%
34
46,243
1.062
10360.75
22.41 %
35
43,560
1.000
10890
25.00%
36
50,167
1.152
11341.75
22.61%
37
64,559
1,482
13739.75
21.28%
38
74,400
1.708
16200
21.77%
39
69,897
1.605
15074.25
21,57%
40
53,168
1.221
10892
20.49%
41
63,277
1.453
13419.25
21.21 %
42
65,525
1.504
13981.25
21,34%-
43
100,860
2.315
21289
21.11%
44
44,054
1.011
11013.5
25.00%
45
35,524
0.816
8881
25.00%
46
28,625
0.657.
7156.25
25,00%
47
21,780
0.500
5445
25.00%
48
24,541
0.563
6135.25
25.00%
49
26,795
0.615
6698.75
25.00%
50
23,774
0.546
5943.5
25.00%
51
24,868
0.571
6217
25.00%
52
23,092
0.530
5773
25.00%
53
30,343
0.697
7585.75
25.00%
54
37,500
0,861
9375
25.00%
55
24,000
0.551
6000
25.00%
56
25,767
0.592
6441.75
25.00%
57
23,524
0,540
5881
25.00%
58
24,829
0.570
6207.25
25.00%
59
24,908
0.572
6227
25.00%
60
28,924
0.664
7231
25.00%
61
37,785
0.867
9446.25
25.00%
62
58,895
1.352
12323.75
20.92%
63
32,731
0.751
8182.75,
25.00%
64
35,569
0.817
8892.25
25.00%
65
23,760
0.545
5940
25.00%
66
24,977
0.573
6244.25
25.00%
67
255,441
5.864
48000
18.79%
68
44,948
1.032
11237
25.00%
69
36,254
0.832
9063.5
25.00%
70
31,040
0.713
7760
25.00%
71
53,615 a
1.231
11003.75
20,52%
72
80,027
1.837
17606.75
22.00%
73
38,005
0.872
9501.25
25.006/.
74
26,254
0.603
6563.5
25.00%
75
26,254
0.603
6563.5
25.00%
76
26,254
0.603
6563.5
25.00%
77
26,254
0.603
6563.5
25.00%
78
35,406
0.813
8851.5
25.00%
79
32.956
0.757
8239
25,00%
80
43,619
1.001
10904.75
25.00%
81
57,390
1.317
11947.5
20,82%
82
32,670
0.750
8167.5
25.00%
83
21,813
0.501
5453.25
25.00%
84
21,780
0.500
5445
25.00%
85
22,597
0.519
5649.25
25.00%
86
21,780
0.500
5445
25.00%
87
21,784
0.500
5446
25.00%
88
30,316
0.696
7579
25.00%
89
30,200
0.693
7550
25.00%
90
27,666
0.635
6916.5
25.00%
91
23,002
0.528
5750.5
25,00%
92
27,065
0.621
6766.25
25.00%
93
26,370
0.605
6592.5
25.00%
94
24,804
0.569
6201
25.00%
95
28,161
0.646
7040.25
25.00%
932635.00
Total Project Area Proposed Impervious Area of Streets
Sq.Ft, Acres Sq.Ft. Acres
4588400 105.34 21G 4.92
Total Allowable Total Proposed Total Project Built
Impervious Surface Impervious Surface Upon Area (%)
1147100 1147100 25.00%