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HomeMy WebLinkAboutSW7070528_Final Permit_20070606Mr. Kennth I. Peregoy, General Carolina Creek, LLC 119 Middle Street New Bern, NC 28560 Subject: Dear Mr. Peregoy: wa�Ro 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 June 6, 2007 Manager S w 11*167d'Ta 8 Stormwater Permit No. SW Carolina Colours — Cerise Neighborhood, Phases 2 & 3, Lots 22-37 Low Density Subdivision with a Curb Outlet System Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for Carolina Colours — Cerise Neighborhood, Phases 2 and 3, Lots 22-37 on May 30, 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. SW7070528, dated June 6, 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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 petition, conforming to Chapter 150E 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. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at (252) 946-6481. Sincerely, A I H JcTga—I Regional Supervisor Surface Water Protection Section AI1Jsav: C:\STORMWATER\PERMIT\SW7070528 cc: Eric Frank, PE Craven County Building Inspections ✓Washington Regional Office Central Files ri" Carolina Jvaturatly North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946.9215 Customer Service Internet: www.ncwareroualitvore 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW7070528 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM 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 Carolina Creek, LLC Carolina Colours — Cerise Neighborhood, Phases 2 and 3, Lots 22-37 Craven County FOR THE construction, operation and maintenance of a 30% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') 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. The project is permitted for 16 lots, each limited to a maximum of (see Attachment) square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans. 2. The overall tract built -upon area percentage for the project must be maintained at 18.4%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the a roved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:v side slopes or flatter, have a longitudinal slope no steeper than 5 /o, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. 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. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 6. Approved. plans. and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Page 2 of 5 State Stormwater Management Systems Permit No. SW7070528 II. SCHEDULE OF COMPLIANCE Curb outlet swales, vegetated areas 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 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 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 the flow spreader mechanism. 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 the approved plans, regardless of size. b. Project name change. G. 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, piring, or altering 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 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 has complied with the requirements of Section 11.12 of this permit. 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 s ecifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 8. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 50 foot wide vegetative buffer between all impervious areas and surface waters. 10. All roof drains must terminate at least 50' from the Mean High Water mark. Page 3 of 5 State Stormwater Management Systems Permit No. SW7070528 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. 12. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure onggoing compliance with State Stormwater Management Permit Number SW7070528, 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 (see Attachment) 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, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. i. A 50' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. j. All roof drains shall terminate at least 50' from the Mean High Water mark. k. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 13. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 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. Page 4 of 5 State Stormwater Management Systems Permit No. SW7070528 15. 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. 16, The final plats for the project will be recorded showing all required swale easements and common areas, in accordance with the approved plans. 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 6th day of June, 2007. NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ---�-- j --��- -- ------------------- for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7070528 Page 5 of 5 MI Allowable Impervious Surface Project Carolina Colours Cerise Circle Phases 2 and 3 (R-19) Lot Number Total Area Uplands Wetlands 34 30,000 30,000 C 35 30,100 30,100 36 31,000 31,000 37 31,000 31,000 33 30,500 25,211 32 29,300 23,487 31 36,750 31,090 30 26,000 21,677 29 21,500 20,893 28 21,100 21,100 27 21,100 21,100 26 53,700 49,457 25 63,700 52,609 24 55,900 52,675 23 60,000 51,259 22 62,200 51,604 0 0 0 5,289 5,813 5,660 4,323 607 0 0 4,243 11,091 3,225 8,741 10,596 Allowed Wetlands 30% 10,000 10,033 10,333 10,333 8,404 7,829 10,363 7,226 6,964 7,033 7,033 16,486 17,536 17,558 17,086 17,201 ;-I- impervious allowed Upper Limit 9,000 8,000 9,030 81000 9,300 8,000 9,300 : 8,000 9,150 8,000 8,790 8,000 11,025 8,000 7,800 =� 7) 8©o 6,450 7 6) 4 SO 6,330, G,33r,) 6,330'----`�7 6) 33� 16,110 8,000 19,110 8,000 16,7701 8,000 18,000 8,000 18,660i 8,000