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HomeMy WebLinkAboutSW7070227_Transfer Owner_20140417NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 17, 2014 Premier Land Liquidators, LLC Attn.: Mr. James A. Deal, Member/Manager 200 N. Harbor Place, Suite C Davidson, NC 28036 Subject: Stormwater Permit No. SW7070227 - Ownership Change Currituck Crossing Low Density Subdivision Permit Currituck County Dear Mr. Deal: The Washington Regional Office received a complete State Stormwater Permit Ownership Change request for Currituck Crossing on March 14, 2014. 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. SW7070227, dated April 17, 2014, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded, shall void permit SW7070227 issued on March 16, 2007 and shall be subject to the conditions and limitations as specified therein, and does not supercede any other aggenc permit that may be required. The originally approved plans (approved on March 16, 2007�are still in effect. 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. Sincerely, Samir Dumpor, PE Environmental Engineer PHM/sd: G:\LR\SWP\SD\Permits-Low Density\SW7070227 cc: Derek Dail, PE, Quible & Associates, P.C. Currituck County Building Inspections Washington Regional Office Division of Energy, Mineral, and Land Resources . Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 - Phone: 252-946-6481/ FAX: 252-975-3716 Internet: htto://Portal.ncdenr.orgMebllr/land-quality An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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 Premier Land Liquidators, LLC Currituck Crossing Currituck County FOR THE construction, operation and maintenance of a 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 Energy, Mineral, and Land Resources (Division) 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 Each of the 106 lots are limited to the maximum of (see attached Lot Area Table) square feet of built -upon area as indicated in the application and on the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30% per the requirements of Section .1005 of the stormwater rules. 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. 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. All roof drains must terminate at least 30 feet from the mean high water mark. Page 2 of 5 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. 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. 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. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. No ng 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. 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, 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 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 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office oftheRegister 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 SW7070227 as issued by the Division of Energy, Mineral, and Land Resources 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 Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. The maximum built -upon area per lot is (see attached Lot Area Table) 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 feet wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 30 feet from the mean high water mark. 12. The permittee shall 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. 13. 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 (BLIA). Any approvals given by the ARC 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. 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. 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, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. Page 4 of 5 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 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 Energy, Mineral, and Land Resources of any name, ownership or mailing address changes within 30 days. Permit issued this the 17th day of April, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -- ------ -------�-------------------------------------- for Tracy E. Davis, PE, CPM Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit Number SW7070227 Page 5 of 5 Currituck Crossing - Lot Area Table Lot # Area of Lot (SF) 30% Coverage Refer to Note # 1 Area of 30% Coverage 1 20,000 6,000 Lot (SF) Refer to Note # 1 2 20,000 6,000 54 55 23,010 23,744 6,903 7,123 3 4 24,004 7,201 56 21,811 6,543 5 27,091 8,127 57 20,000 6,000 6 20,000 6,000 58 20,000 6,000 7 20,000 6,000 59 20,000 6,000 8 20,000 6,000 60 20,000 6,000 9 20,000 6,000 61 20,000 6,000 20,376 6,113 62 21,901 6,570 10 22,219 6,666 63 22,929 6,879 11 21,129 6,339 64 20,000 6,000 12 20,171 6,051 65 20,000 6,000 13 28,030 8,409 66 20,000 6,000 14 40,315 12,095 67 20,000 6,000 15 37,732 11,319 68 20,099 6,030 16 31,786 9,536 69 21,182 6,355 17 32,864 9,859 70 22,674 6,802 18 34,965 10,489 71 20,000 6,000 19 23,574 7,072 72 20,000 6,000 20 20,648 6,195 73 20,021 6,006 21 26,484 7,945 74 20,287 6,086 22 29,734 8,920 75 22,891 6,867 23 30,422 9,127 76 20,325 6,097 24 30,665 9,200 77 20,325 6,097 25 28,108 8,432 26 28,092 8,428 79 20,095 6,029 27 27,609 8,283 80 20,329 6,099 28 26,603 7,981 81 20,328 6,098 29 26,786 8,036 82 20,329 6,099 30 20,132 6,040 83 20,001 6,000 31 20,546 6,164 84 20,001 6,000 32 24,146 7,244 85 20,355 6,107 33 26,034 7,810 86 20,325 6,097 34 29,656 8,897 87 20,325 6,097 35 23,242 6,972 88 20,325 6,097 36 20,400 6,120 89 20,485 6,146 37 20,078 6,023 90 20,261 6,078 38 20,002 6,001 91 20,325 6,097 39 20,011 6,003 92 20,325 6,097 40 28,199 8,460 93 20,458 6,137 41 38,156 11,447 94 20,393 6,118 42 23,036 6,911 95 21,274 6,382 43 20,057 6,017 96 31,174 9,352 44 20,027 6,008 97 24,762 7,429 45 20,002 6,001 98 27,925 8,378 46 20,000 6,000 99 27,691 8,307 47 20,035 6,010 100 20,000 6,000 48 20,061 6,018 101 21,913 6,574 49 20,000 6,000 102 22,824 6,847 50 20,000 6,000 103 22,852 6,856 51 20,000 6,000 104 21,913 6,574 52 22,766 6,830 105 20,000 6,000 53 24,156 7,247 106 24,241 7,272 Total 1,300,149 390,045 Total 1,086,321 325,896 Total Lot Area = 2,386,470 Maximum Lot Coverage = 715,941 Note # 1:Currituck County regulations limit coverage on lots greater than 20,000 sf to no more than thirty (30) percent. Community sidewalks shown on lots (within easement) have been excluded from lot coverage but are included within "on site sidewalks") Albemarle & Associates, Ltd. 2J21/2007