HomeMy WebLinkAboutSW7070422_Final Permit_20071119kjaRO
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
DIVISION OF WATER QUALITY
November 19, 2007
Taberna Master Homeowners Association
Attn: Mr. Robert Costanzo
1005 Taberna Circle
New Bern, NC 28562
Subject: Stormwater Permit No. SW7070422
Taberna Subdivision
Low Density Stormwater Project
Craven County
Dear: Mr. Costanzo:
The Washington Regional Office received your request to
transfer all existing stormwater permits for Taberna Subdivision
to the Taberna Master Homeowners Association (MHA). After
reviewing our stormwater files, and the information provided by
your representatives, it has been determined that the project
will comply with the Stormwater Regulations set forth in Title 15A
NCAC 2H.1000. We are forwarding Permit No. SW7070422 dated
November 19, 2007 to the Taberna Master Homeowners Association.
This permit replaces all previous state stormwater permits
issued for the Taberna Subdivision, and shall be effective from
the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
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, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and
binding.
North Carolina Division of Water Quality Internet: h2o.enrstate.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946.9215
NorthCarolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Taberna Master Homeowners Association
November 19, 2007
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (252)948-
3919.
ASnjey, _
j ___..Al, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: pity of New Bern Planning/Inspections
✓WaRO Files
Central Files
State Stormwater Management Systems
Permit No. SW7070422
STATE OF NORTH CAROLINA
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
Taberna Master Homeowners Association
Craven County
FOR THE
construction, operation and maintenance of stormwater management
systems 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 for
grassed swales, curb outlet swales and vegetated buffers to serve
Taberna Subdivision located off US70 near New Bern, NC.
The permit replaces all previous state stormwater permits issued
for the Taberna Subdivision, and 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. The following criteria are approved as meeting the
stormwater rules for this project:
a. The total project area for Taberna Subdivision is
718.58 acres. Total area included in PUD is
653.42 acres.
b. Total number of single family lots is 780.
C. Total allowable impervious area for the
residential lots is 136 acres.
d. Allowable built -upon area must be consistent with
the "as -built" plans and deed restrictions
submitted by the permittee.
2. The overall tract built -upon area percentage or lot
sizes for the project must be maintained at levels at
least as stringent as the low density levels specified
in the stormwater rules.
3. The development must demonstrate that no areas within
the project site are of such high density that
stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered
by this permit are incorporated by reference and are
enforceable parts of the permit.
5. The only runoff conveyance systems allowed would be
vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) or curb outlet systems as defined
in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff
beneath an impervious surface such as a road
b. That minimum amount needed under driveways to
provide access to lots.
7. Projects covered by this permit will maintain a minimum
30 foot wide vegetative buffer between all impervious
areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to
fill in, alter, or pipe any vegetative practices (such
as swales) shown on the approved plans as part of the
stormwater management system without submitting a
revision to the permit and receiving approval from the
Division.
9. Each of the lots in the subdivision will be limited to
the amount of built -upon area indicated in the approved
plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the
proposed home plans do not exceed the allowable built -
upon area. Once the lot transfer is complete, the home
plan may not be revised without approval from the
permittee, and responsibility for meeting the built -
upon area limit is transferred to the individual
homeowner.
11. Deed restrictions are incorporated into this permit by
reference and must be recorded with the Office of
Register of Deeds. Recorded deed restrictions must
include, as a minimum, the following statements related
to stormwater management:
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A statement of the allowable built -upon area per
lot in the following form:
"The allowable built -upon area per lot shall not
exceed the square feet in the recorded deed
restrictions, inclusive of that portion of the
right-of-way between the front lot line and the
edge of the pavement, structures, pavement,
walkways of brick, stone, slate, not including
wood decking."
b. Items related to stormwater management must remain
in the deed restriction, and this is to be
indicated by including the following: "The
covenants pertaining to stormwater regulations may
not be changed or deleted without concurrence of
the State."
C. To assure that vegetated conveyances are not piped
(in accordance with item 5) deed restrictions must
indicate that: "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."
12. The Engineer/Owner/Developer/ 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.
13. The following items will require a modification to the
permit:
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 of the project area.
In addition, the Director may determine that other
revisions to the project should require a modification
to the permit.
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.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for
construction and maintenance of the Low Density Option
stormwater systems:
a. 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 except roads.
b. 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. 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.
3. The permittee shall keep copies of the recorded deed
restrictions limiting built -upon area per lot in accordance
with Part I, item 11.
4. The permittee shall keep a copy of the most current Master
Plan showing all development, including streets and drainage
features. Any proposed changes to existing drainage features
(ie swales, vegetated buffers, drainage easements) will
require an updated Master Plan and a permit modification.
5. 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
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.
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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 permittee shall submit to the Director and shall have
received approval for revised plans, specifications, and
calculations prior to construction, for those revisions under
any of the following conditions:
a. Any additions, deletions or redesign of the previously
permitted amount of built -upon area proposed regardless
of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person 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.
7. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances that may be imposed by other government
agencies (local, state and federal) that have jurisdiction.
Permit issued this the 19 th day of November, 2007.
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7070422
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