SW7021105_Final Permit_20100810

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WDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 10, 2010
BE
Natural Resources
Dee Freeman
Secretary
Open Door Baptist Church
Attn: Mr. Chris Brabble
1241 Naughton Rd
Edenton, NC 27932
Modification for
Subject: Permit No. SW7021105
Open Door Baptist Church
Low Density Stormwater Project
Dear Mr. Brabble: Chowan County
The Washington Regional Office received your request to modify the existing state
stormwater permit for the subject project on June 30, 2010. 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
Permit No. SW7021105 dated August 10, 2010, for the construction of the subject
project.
This permit replaces all previous stormwater permits for this site, and 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from the date of issuance until rescinded and shall be subject to the conditions and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, INC 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 Bill Moore or me at [phone],
Regional Supervisor
Surface Water Protection Section
cc: Army Adams, DWQ, WARO
,.^ashington Regional Office
Central Files
North Carolina Division of Water Quality Internet: www.ncwaterquallty.org One L.
943 Washington Square Mall Phone [phone] FAX: [phone] NorthCaroli a
Washington, NC 27869 FAX; 252-946-9215 �%tura�`l, J
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State Stormwater Management Systems
9. No direct discharges to class SA or SR Waters arePallowed. Diffuseflow of
stormwater at a nonerosive velocity to a vegetated buffer or other natural area
capable of providing effective infiltration of the runoff from the 1 year 24-hour
storm shall not be considered a direct point of stormwater discharge.
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
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 may not be sold or subdivided in whole or in part without first
receiving a permit modification from the Division.
4. Prior to the subdivision and/or sale of this project, in whole or in part, the
following deed restrictions must be recorded with the Office of the Register of
Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7021105, as issued by
the Division of Water Quality under NCAC 2H.1000.
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. This project is permitted for a maximum of 0.88 acres of built -upon area.
Construction of additional built -upon area in excess of this amount will
'require a permit modification.
g. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. 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.
i. 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.
j. The built -upon areas shall be located a minimum of 30 feet landward of all
perennial and intermittent surface waters.
A copy of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
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State atormwater Management aystems
Permit Number SW7021105
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the permitted development, except for average driveway
crossings, is strictly prohibited by any persons.
7. Projects within DCM's Area of Environmental Concern (AEC) are subject to a
reduction of the permitted amount of built -upon area due to CAMA jurisdiction
within the AEC. The most restrictive of the two numbers shall be considered the
maximum BUA.
8. 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.
9 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.
10 During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
11 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.
12. 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.
13. 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 Division of Water Quality 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.
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State Stormwater Management Systems
Permit Number SW7021105
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.
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 Session Law 2008-
211 and Title 15A NCAC 21-1.1000 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.
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
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 10 th day of August, 2010,
NO TH C ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-
------------------------------------------- for
Colleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7021105
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