HomeMy WebLinkAboutSW7051024_Modification_20090206W--�Ra
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Mark Gregory. February 6, 2009
Tark & Associates, Inc.
PO Box 323
Camden, NC 27921
Subject: Stormwater Permit No. SW7051024 Modification
Camden Business Park
Low Density Commercial Subdivision Permit
Camden County
Dear Mr. Gregory:
The Washington Regional Office received a complete Stormwater Management
Permit Application for Camden Business Park on January 22, 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 Permit No. SW7051024 Modification, dated February 6, 2009,
for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall void
Permit No. SW7051024 Modification, dated October 5, 2006 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, INC 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 (252) 946-6481.
lincer ly,
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Regional Supervisor
Surface Water Protection Section
North Carolina Division of Water Quality Intemet w .ncwaterqualitv.ore
One
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
NorthCayrrollina
An Equal Opportunity/Affirmative Action Employer —50%Recycled110% Post Consumer Paper
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Page 2 of 2
AH/sd: J:\WPDATA\WQS\ State SW-SD\Permits - Low Density
cc: Ronnie L. Spivey, PLS, McDowell & Associates, P.A.
Camden County Building Inspections
Washington Regional Office
Central Files
State Stormwater Management Systems
Permit No.SW7051024 Modification
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
Tark & Associates, Inc.
Camden Business Park
Camden County
FOR THE
construction, operation and maintenance of a 30% 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 34 lots is limited to a maximum amount of built -upon area as
indicated in Attachment "A" of this permit.
2. The overall tract built -upon area percentage for the project must be maintained
at 30% per the requirements of 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. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. 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 foot from the mean high water mark.
7. Level spreaders shall be provided at the ends of all swales that discharge into
regulated wetlands such that a sheet flow condition is created. Additional passive
measures may be required for projects within V2 mile of SA waters.
Page 2 of 5
State Stormwater Management Systems
Permit No.SW7051024 Modification
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. Mowin.9, 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 in accordance with approved plans and
0&M.
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 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.
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. 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, 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 and 11.12 of this permit.
10. 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.
Page 3 of 5
State Stormwater Management Systems
Permit No.SW7051024 Modification
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:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7051024 Modification,
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. The maximum built -upon area per lot is (see Attachment "A") 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 30 foot wide vegetated buffer between all
impervious areas and surface waters.
i. All roof drains shall terminate at least 30 foot from the mean high water
mark.
j. Each lot, whose ownership is not retained by the permittee, shall submit a
separate stormwater permit application to the Division of Water Quality
and receive a permit prior to construction. The application shall
demonstrate compliance with the maximum BUA limit and the low density
requirements set forth in 15A NCAC 2H.1000. Lots whose ownership is
retained by the permittee shall be submitted as modifications to the
original permit.
k. The maximum assigned built -upon area limit shall not be exceeded on
any lot, unless the permit is modified to high density for all the lots in the
permitted subdivision.
12. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. 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 show all the proposed built -upon area (BUA) and the total proposed BUA
may not exceed the maximum permitted limit. 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.
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. All stormwater conveyances will be located in either dedicated right-of-way
(public or private), recorded common areas or recorded drainage easements.
Page 4 of 5
State Stormwater Management Systems
Permit No.SW7051024 Modification
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 of Water Qualityy,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
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.
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.
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 re -issuance of the permit to change the name and incorporate such other
requirements as may be necessary. A completed Name/Ownership Change
Form, signed by both parties involved, must be submitted to the Division of
Water Quality accompanied by the appropriate 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.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Conveyance of
common areas to third parties such as a homeowner's association, by the
permittee where the required Name/Ownership documentation has not been
submitted to and approved by the Division, does not constitute transfer of the
stormwater permit, and does not relieve the permittee of the responsibility for
maintaining compliance with the permit or 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 have jurisdiction. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and its components.
9. The permittee shall notify the Division of Water Quality 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 February, 2009.
Nt�mTl�AROLLINAENVIRONMENTAL MANAGEMENT COMMISSION
------------- ------------------------------------------------------
for Coleen H. Sullins, Director, Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5
Attachment A
SW7051024
Tark Commercial Park
Maximum Allowable Impervious Area
LOT #
LOT AREA
ALLOWABLE IMPERVIOUS AREA
ACRES
SQUARE FEET
1
2.02
25,962
2
1.14
14,636
3
1.11
14,288
4
1.10
14,157
5
1.69
21,736
6
0.93
11,935
7
0.93
11,935
8
0.93
11,935
9
0.93
11,935
10
0.94
12,066
11
0.94
12,066
12
0.93
11,935
13
0.93
11,935
14
1.06
13,634
15
1.78
22,869
16
1.16
14,898
17
0.93
11,935
18
0.93
11,935
19
0.93
11,935
20
1.47
18,905
21
1.16
14,898
22
1.14
14,636
23
1.02
13,112
24
1.21
15,551
25
0.97
12,458
26
0.92
11,848
27
0.92
11,848
28
0.92
11,848
29
0.92
11,848
30
0.92
11,848
31
0.92
11,848
32
1.38
17,729
33
3.85
SW 7070206
34A
2.02
26,005
34B
5.91
75,969