HomeMy WebLinkAboutSW7070202_Final Permit_20070417WJ Ro
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 17, 2007
Chairman Warren C. Judge
Board of County Commisloners
Stumpy Point Water and Sewer District
PO Box 1000
Manteo, NC 27954
Subject: Stormwater Permit No. SW7070202
Stumpy Point Sanitary Sewer Improvements
Low Density
Dare County
Dear Chairman Judge:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Stumpy Point Sanitary Sewer Improvements on February 7, 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. SW7070202, dated April 17, 2007, for the construction of the
subject project.
This permit shall be effective from the date of issuance until rescinded and shall be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 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
'petit
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the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 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 Treva Maxwell -Anderson or me at (252) 946-6481.
kL�—-
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Regional Supervisor
Surface Water Protection Section
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c: Charles Davis, The Wooten Company
Dare County Planning / Inspections
Central Files
Washington Regional Office
State Stormwater Management Systems
Permit No. SW7070202
Stumpy Point Sanitary Sewer Improvements
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
Stumpy Point Water and Sewer District
Stumpy Point Sanitary Sewer Improvements
Dare County
FOR THE
construction, operation and maintenance of a low density development located off US Hwy
264 in Dare County 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
This permit covers the construction of 16,027 square feet (0.368 acres) of built -
upon area, as defined by the stormwater rules, and as indicated in the approved
pans.
2. The overall tract built -upon area percentage for the project must be maintained at
22.2%, per the requirements of Section 2H.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. Runoff conveyances, such as roadside swales and perimeter ditches, must be
vegetated with side slopes no steeper than 3:1 (H:V).
5. No pi ing 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.
6. 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
All roof drains must terminate at least 30' from the Mean High Water mark.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW7070202
Stumpy Point Sanitary Sewer Improvements
II. SCHEDULE OF COMPLIANCE
The permittee shall comply with the following schedule for the construction, certification,
operation and maintenance, modification, and sale or transfer of the property and
associated stormwater management system.
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, per the approved plans.
During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
Projects covered by this permit will maintain a minimum 30-foot wide vegetative
buffer between all impervious areas and surface waters.
4. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
5. 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.
6. 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.
7. 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,
rt lmrrte ��a.to,.r 'paic..nf prodwj 2rro?R.
e. Maintenance of side slopes in accordance with approved plans and
specifications,
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
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 or to the
drainage area,
e. Further subdivision, acquisition or sale of the project area. 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, piping, or altering any vegetative conveyance shown on the
approved plan.
9. The Director may determine that other revisions to the project should require a
modification to the permit.
Page 3 of 5
State Stormwater Management Systems
Permit No. SW7070202
Stumpy Point Sanitary Sewer Improvements
10. 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 SW70070202, 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. Construction of additional built -upon area in excess of 16,027 square feet will
require a permit modification.
g. Construction of additional impervious areas such that low density
requirements are no longer met must be submitted to DWQ and a permit
modification must be issued 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.
h. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings, is
pallt"rC uy N iyYi'1W U uy aiiy'j�;F v S5.
i. A minimum 30' wide vegetated buffer area shall be provided between surface
waters and all impervious surfaces.
11. The permittee must submit a copy of the recorded deed restrictions within 30 days
of the date of recording.
12. 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.
13. 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.
14. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
Page 4 of 5
State Stormwater Management Systems
Permit No, SW70702.02
Stumpy Point Sanitary Sewer Improvements
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 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 transfer 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. The permittee is responsible for compliance with all
the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name,
ownership or mailing address changes within 30 days.
Permit issued this the 17th day of April, 2007,
\L
LINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7070202
Page 5 of 5