HomeMy WebLinkAboutSW7021030_Transfer Owner_20170419VV6rAo
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
April 19, 2017
Mr. Raymond M. Brandi, President
Pelican Pointe Association, Inc.
P.O. Box 702
Elizabeth City, NC 27909
Subject: Stormwater Permit No. SW7021030 Ownership Change
Pelican Pointe, Residential Lots
Low Density Project
Pasquotank County
Dear Mr. Brandi
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
The Washington Regional Office received a Stormwater Change of Ownership Application for
Pelican Point residential lots located off Weeksville Road, Elizabeth City, NC on March 21,
2017. Staff review of the application has determined that the permit can be renewed. We are
forwarding Permit No. SW7021030 dated April 19, 2017 to Pelican Pointe Association, Inc.
This permit, upon its effective date, will replace all previous State Stormwater permits for
Pelican Pointe Residential Lots. This permit shall be effective from April 19, 2017 until
rescinded, and shall be subject to the conditions and limitations as specified therein. Please
pay special attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems. The issuance of this permit does not resolve
any previous violations of the stormwater rules.
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, 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
me at (252) 948-3923.
Sincerely,
Roger K. Thorpe
Environmental Engineer
Nothing Compares_
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889
252 946 6481
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
STATE 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
Pelican Pointe Association, Inc.
Pelican Pointe Residential Lots
Pasquotank County
FOR THE
construction, operation and maintenance of a 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 Energy,
Mineral, and Land Resources (Division) 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
Each of the 107 lots is limited to the maximum square feet of built -upon area as
shown in Attachment A of the permit and, as indicated in the approved plans.
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 30% per the requirements of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
� Nothing Compares, -
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office I, 943 Washington Square Mall I Washington, NC 27889
252 946 6481
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.
6. All roof drains must terminate at least 30' from the mean high water mark.
II. SCHEDULE OF COMPLIANCE
1. 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. Mowiny, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
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 Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No pi in g shall be not 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.
!'Nothing ComparesM
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mail I Washington, NC 27889
252 946 6481
8. 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.
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, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner, provided that the permittee complies with the requirements of
Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the prol'ect'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.
11. 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:
The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7021030, as issued by
the Division under NCAC 2H.1000.
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.
The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral, and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division.
The maximum built -upon area per lot shall not exceed that shown in
Attachment A. 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.
Nothing Compares - _
State of North Carolina I Environmental Quality I Energy, Miner al and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889
252 946 b481
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 30' wide vegetated buffer between all impervious
areas and surface waters.
All roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions which
indicates the approved built -upon area per lot within 30 days of the date of
recording.
13. If the permittee sets up an Architectural Review Committee (ARC) 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 do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA
limit.
14. 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.
15. 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.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division, 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.
!-'� Nothing Compares
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, NC 27889
252 946 6481
5. The 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
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 accompanied by the appropriate fee, documentation from 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.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for
transferring the permit.
7. 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 havejurisdiction. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DEQ Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 191h day of April, 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7021030
- / Nothing Compares -
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889
2529466481
sw7 0 2 1 0:30
Q fi-a.oh mend' A
PELICAN POINT
ELIZABETH CITY, NORTH CAROLINA
Lot Size
Acres
Lot Numbers
Allowable Built
Upon Area
# of
Lots
Area
Subtotal
0.3
45,46
3,920 sf
2
7,840 sf
0.4
1, 2, 3, 7, 8, 44, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82,
83, 84, 85, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107
5,227 sf
34
177,718 sf
0.5
4, 5, 6, 9, 20, 38, 40, 47, 51, 53, 54, 55, 70, 71, 72,
86, 87, 88, 89, 90, 91, 92
6,534 sf
22
143,748 sf
0.6
10,11, 17, 18, 19, 21, 22, 23, 24, 25, 37, 39, 48, 49,
50 56, 57, 58, 61, 62, 63, 64, 65, 66, 67, 68, 69
7,841 sf
27
211,707 sf
0.7
12, 13,16, 26, 27, 30, 31, 32, 33, 34, 36, 59
9,148 sf
12
109,776 sf
0.8
14, 28, 29, 35, 41, 60
10 454 sf
6
62,724 sf
0.9
15
11,124 sf
1
11,124 sf
1.0
52
12,431 sf
1
12,431 sf
1.1 1
43
13,738 sf
1
13,738 sf
1.6
42
19,772 sf
1
1 19,772 sf
TOTAL ALLOWABLE BUILT UPON AREA 770,578 sf
TOTAL Road Area 153,767 sf
TOTAL Impervious Area 924,345 sf.
TOTAL Basin Area 3,080,589sf
Pelican Point August 2003
02262-0001 Page 1