HomeMy WebLinkAboutSW7050412_Final Permit_20050505O� W A TFR Michael F. Easley, Governor
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� Q(ii William G. Ross Jr., Secretary t\V
CO r North Carolina Department of Environment and Natural Resources
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O .,� Alan W. Klimek, P.E, Director
Division of Water Quality
May 5, 2005
Mr. Stewart Smith
S & T Land, LLC
P.O. Box 1575
New Bern, NC 27863
Subject: Stormwater SW7050412
Tebo Woods Subdivision — Phases V, VI & VII
Craven County
Dear Mr. Smith:
The Washington Regional Office received the Stormwater Application for the subject
project on April 12, 2005. 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 21-1.1000. We are forwarding Permit No. SW7050412 dated May 5,
2005 to S & T Land, LLC for Tebo Woods Subdivision — Phases V, VI & VII located in
Craven County.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein.
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 150B 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) 946-6481, extension 214.
Sincerely,
Roger K. Thorpe
Environmental Engineer
cc: Craven County Inspections
ewolis Engineering, P.A.
,/Washington Regional Office
Central Files
North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946.9215 Customer Service
Internet h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1.877-623.6748
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State Stormwater Management Systems Permit No. SW7050412
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
S & T Land, LLC
Craven County
FOR THE
construction, operation and maintenance of stormwater management systems in
compliance with the provisions of 15A NCAC 21-1.1000 (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 for grass swales and
buffers to serve Tebo Woods Subdivision Phases V, VI & VII located in Craven County.
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. The following criteria are approved as meeting the stormwater rules for this
project:
a. The total area for this project is 8.52 acres.
b. Total impervious area proposed for this project site is 1.39 acres.
C. Total number of lots is 22.
d. Allowable built -upon area must be consistent with proposed plans and
restrictions submitted in the application by the permittee.
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at levels at least as stringent as the low density levels specified in the
stormwater rules.
3. The development must demonstrate that no areas within the project site are of
such high density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as
defined in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious
surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any
vegetative practices (such as swales) shown on the approved plans as part of
the stormwater management system without submitting a revision to the permit
and receiving approval from the Division.
9. Each of the lots in the subdivision will be limited to the amount of built -upon area
indicated in the approved plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the proposed home plans do not
exceed the allowable built -upon area. Once the lot transfer is complete, the
home plan may not be revised without approval from the permittee, and
responsibility for meeting the built -upon area limit is transferred to the individual
homeowner.
11. The Engineer/Owner/Developer/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.
12. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of Register of Deeds. A copy of the recorded restrictions
must be received by this Office within 30 days of the date of recording.
Recorded deed restrictions must include, as a minimum, the following statements
related to stormwater mangement:
a. A statement of the allowable built -upon area per lot in the following form:
"The allowable built -upon area per lot shall not exceed 2,750 square feet;
inclusive of that portion of the right-of-way between the front lot line and the edge
of the pavement, structures, pavement, walkways of brick, stone, slate, not
including wood decking."
b. Items related to stormwater management must remain in the deed
restriction, and this is to be indicated by including the following: The covenants
pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance with
item 5) deed restrictions must indicate that:
"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."
13. The following items will require a modification to the permit:
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 of the project area.
In addition, the Director may determine that other revisions to the project should
require a modification to the permit.
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.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and
maintenance of the Low Density Option stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum and any eroded
areas of the swales or other vegetated conveyances will be repaired
immediately.
2. 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 revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and
specifications.
3. The permittee shall submit recorded deed restrictions limiting built -upon area per
lot in accordance with Part I, item 9, within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification
in accordance with Part I, item 12,within 30 days of completion of the project.
5. 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
1. 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.
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.
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for those
revisions under any of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of
built -upon area proposed regardless of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person 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 of Water Quality 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.
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 have jurisdiction.
Permit issued this the 5 th day of May, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
� A and W. Klimek
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7050412