HomeMy WebLinkAboutSW7070140_Final Permit_20070718Michael F. Easley, Govemoro
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2007
Brooks R. and Tina M. Clements
C/o Ross Clements
4625 East Princess Ann Road
Norfolk, VA 23502
Subject: Stormwater Permit No. SW7070140
Saddlewood Estates
Low Density Subdivision
Currituck County
Dear Mr. and Mrs. Clements:
The Washington Regional Office received a completed Stormwater Management Permit Application for
Saddlewood Estates on May 9, 2007. 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. SW70070140 dated July 18, 2007, for the construction of the
subject low density project. Copies of the approved plans, application and supplement form are also
enclosed with this original version of the permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 supersede 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
Treva Maxwell -Anderson or me at (252) 946-6481.
S1, erely
AI Hodge,
Regional Supervisor
Surface Water Protection Section
Washington Regional Office
AH/tma: J:/wpdata/wgs/state sw-tma
c: Michael Morway, Albemarle & Associates, Ltd. (permit)
Currituck County Building Inspections (permit)
Ce tral Files (permit)
shington Regional Office (permit, approved plans and supporting documentation)
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ore One
943 Washington Square Mall - Phone (252) 946.6481 VoCarolina
Washington, NC 27889 Fax (252)946-9215 rally
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State Stormwater Management
Permit No. SW7070140
Saddlewood Estates
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
Brooks R. and Tina M. Clements
Saddlewood Estates
Currituck County
FOR THE
construction, operation and maintenance of a low density residential development 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.
This 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 is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data. The approved plans and specifications are
incorporated by reference and are enforceable parts of this permit.
2. The development is located on the north side of Guinea Road, 0.7 miles east of NC168 in
Currituck County, NC. Stormwater from the low density development drains to Roland Creek
of the Pasquotank River Basin.
Each of the 34 lots in this 81.7 acre residential development is limited to a maximum built
upon area as listed in Attachment A.
4. The overall tract built -upon area percentage for the project must be maintained at 30% or less
per the requirements of Section .1005 of the stormwater rules.
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.
No piping shall be allowed except those minimum amounts necessary to direct runoff beneath
an impervious surface such as a road or under driveways to provide access to lots.
Page 1 of 5
State Stormwater Management
Permit No. SW7070140
Saddlewood Estates
Projects covered by this permit will maintain a minimum 30 ft wide vegetative buffer between
all impervious areas and surface waters.
B. All roof drains must terminate at least 30 ft from the mean high water mark.
9. 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
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.
1. 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. 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.
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. 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.
f. Cleaning and repair of catch basin grates, flumes, piping, and. flow spreader
mechanisms.
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. 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.
7. Prior to transfer of ownership, the swales must be inspected and determined to be in
compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer.
Page 2 of 5
State Stormwater Management
Permit No. SW7070140
Saddlewood Estates
8. 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 11.9. of this permit.
9. 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 SW7070140 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.
The maximum built -upon area per lot is listed in Attachment of this permit. 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' wide vegetated buffer between all impervious areas and
surface waters.
All roof drains shall terminate at least 30' from the mean high water mark.
10, The permittee must 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.
11. 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.
12. 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.
13. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request..
Page 3 of 5
State Stormwater Management
Permit No. SW7070140
Saddlewood Estates
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 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 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 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.
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 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 it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 18th day of July 2007.
NQRTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
/ —V,/ i Pam' - for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7070140
Page 4 of 5
State Stormwater Management
Permit No. SW7070140
Saddlewood Estates
ATTACHMENT "A" OF SW7070140
Lot # Area of lot Allowable BUA / Lot
In square feet in square feet
1.
40,010
12,003
2.
40,196
12,059
3.
40,004
12,001
4.
40,002
12,001
5.
40,047
12,014
6.
40,151
12,046
7.
40,012
12,004
8.
40,046
12,014
9.
40,014
12,004
10.
40,104
12,031
11.
40,094
12,028
12.
40,558
12,167
13.
40,592
12,178
14.
40,267
12,080
15.
40,519
12,156
16.
80,295
24,088
,17.
80,004
24,001
18.
71,255
21,377
19.
62,735
18,821
20.
64,092
19,228
21.
68,058
20,417
22.
77,072
23,122
23.
80,865
24,260
24.
81,302
24,391
25.
78,335
23,500
26.
80,172
24,051
27.
80,000
24,000
28.
80,000
24,000
29.
81,697
24,509
30.
80,447
24,134
31.
80,649
24,195
32.
81,479
24,444
33.
80,017
24,005
34.
142,051
42,615
Page 5 of 5