SW7050731_Modification_20100806

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NCD NR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
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Natural Resources
Dee Freeman
Mr. George Radford, Environmental Affairs Officer
MICAS Cherry Point
PSC Box 8006
Cherry Point, NC 28533
Subject: Stormwater Permit No. SW7050731 MOD
P148 High Explosive Magazines
Low Density Stormwater Project
Craven County
Dear Mr. Radford:
The Washington Regional Office received a complete Stormwater Management Permit
Application for P148 High Explosive Magazines on July 16, 2010. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW7050731 dated August 6, 2010, for the construction of the subject
project. The original permit issued on October 5, 2005 was for two earth covered high
explosive magazines, but only one was constructed. This modification is to finish the second
permitted magazine and to add the third one.
This permit shall be effective from the date of issuance until rescinded, shall void Permit No.
SW7050731 issued October 5, 2005 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 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 either Samir Dumpor or me at [phone].1
Regional Supervisor
Surface Water Protection Section
AH/sd: K:\WPDATA\WQS\SD\Permits- Low Density
cc: Stephen Medvick, PE, NAVFAC MID-LANT (6506 Hampton Blvd., Building C,
Room 2023, Norfolk, VA 23509)
C�,rr-'aven County, Inspections
i/Washington Regional Office
Central Files
North Carolina Division of Water Quality Internet: www.ncwatcrauality by
943 Washington Square Mall Phone: [phone]�7One 7., 7
ton, NC 27889 FAX
52-946-9215
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State Stormwater Management Systems
Permit Number SW7050731 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NPDES PHASE II 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
MCAS Cherry Point, NC
P148 High Explosive Magazines
Craven County
FOR THE
construction, operation and maintenance of a low density development in compliance
with the provisions of Session Law 2008-211 and 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
This permit covers the construction of second already permitted earth covered
high explosive magazine and to add the third one and access road with the total
of 1.6 acres (1.22 per original permit and 0.38 additional per this modification) of
built -upon area on this 7.56 acres tract.
The overall tract built -upon area percentage for the project must be maintained at
24%, as required by Session Law 2008-211 and. Section .1005 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. 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 includes an
infiltration basin for additional stormwater treatment. The infiltration basin is not
designed per the DWQ requirements and is not part of this permit.
5. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
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State Stormwater Management Systems
Permit Number SW7050731 Modification
6. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent streams.
7. Roof drains must terminate at least 50 foot from the Mean High Water line.
8. Level Spreaders are required at the end of any swale prior to discharging to a
jurisdictional wetland or any surface water.
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.
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 may not be sold or subdivided in whole or in part without first
receiving a permit modification from the Division.
4. The Deed Restriction as required per 15A NCAC 2H.1003(d) are waived by the
attached Waiver of Deed Restrictions and Protective Covenants for Marine Corps
Air Station (MCAS) Cherry Point, Stormwater Permit No. SW7050731 Mod.,
P148 High Explosive Magazines.
5. 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.
6. 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.
7. 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.
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:
Page 3 of 5

State Stormwater Management Systems
Permit Number SW7050731 Modification
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.
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.
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 2H.1000;
and North Carolina General Statute 143-215.1 et. al.
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
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State Stormwater Management Systems
Permit Number SW7050731 Modification
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 6th day of August, 2010.
NO TH C R11 LINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Colleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 6, 2010
Director's Certification
From: Coleen H. Sullins
1111�� ya
Subj: Waiver of Deed Restrictions and rotective Covenants for Marine Corps Air
Station (MCAS) Cherry Point, Stormwater Permit No. SW7050731 Modification,
P148 High Explosive Magazines
As provided in the Director's Certification provisions of NCAC of 15A NCAC 2H .1003(d)(4),
this letter waives the requirements for mandatory deed restrictions and protective covenants
contained in 15A NCAC 2H .1003(d)(1) for MCAS Cherry Point, Stormwater Permit No.
SW7050731 Modification, P148 High Explosive Magazines. In lieu of these deed restrictions
and protective covenants, MCAS Cherry Point will be required to submit written
correspondence certifying that the Base Master Plan will be appropriately modified to ensure
that the subject development will be maintained consistent with the plans and specifications
approved by the Division of Water Quality in Stormwater Permit No. SW7050731 Modification.
Cc: Al Hodge, WaRO
Bradley Bennett
North Carolina Division of Water Quality Internet: www.ncwatcruualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
NorthCarolina
Natural&
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