HomeMy WebLinkAboutSW7080523_Final Permit_20130808Q��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
Mr. David Blaine -Managger August 8, 2013
Swift Creek Plantation, LLC
PO Box 14337
New Bern, NC 28561
Subject: Stormwater Permit No. SW7080523MOD1
Swift Creek Plantation - Modification
Low Density Subdivision Permit
Dear Mr. Blaine: Craven County
The Washington Regional Office received a complete Stormwater Management Permit
Application for Swift Creek Plantation on June 24, 2013. 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. SW7080523MOD1, dated August 8, 2013, for the construction of the subject
project. The original permit SW7080523 was issued on August 8, 2008 for total of 160
lots. This Modification is to Include only existing Section One (lots 96-104 and 129-138)
and proposed "The Gardens" section (lots 105-125). Any future development area will
be limited to 24% built -upon area coverage, and will require a permit modification.
This permit shall be effective from the date of issuance until rescinded, shall void permit
SW7080523 issued on August 8, 2008 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 ( 0)
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 Samir Dumpor or me at (252) 946-6481.
Sincerely,
Patrick H. McClain, PE
Regional Engineer
PHM/SD: G:\SD\Permits - Low Density\SW7080523MOD1
cc: Bobby Billingsley, Thomas Engineering, PA
Craven County Building Inspections
Washington Regional Office
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481 / FAX: 252-975-3716
Internet: http://www,portal.ncdenr.org/web/Ir/land-quality
An Equal Opportunity / Affirmative Action Employer - 50%Recycled/10% Post Consumer Paper
State Stormwater Management Systems
Permit No.SW7080523MOD1
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
Swift Creek Plantation, LLC
Swift Creek Plantation
Craven County
FOR THE
construction, operation and maintenance of a 30% 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 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 21 lots of The Gardens at Swift Creek Plantation, 19 lots in the
Section One and any future area is limited to a maximum of (See Attached
Table) square feet of built -upon area, as indicated in the approved plans.
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.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Pro''ects covered by this permit will maintain a minimum 50 foot wide vegetative
buffer between all impervious areas and surface waters.
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.
6. All roof drains must terminate at least 50' from the mean high water mark.
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.
Page 2 of 5
State Stormwater Management Systems
Permit No.SW7080523MOD1
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. Mowins, 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.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No pi in g 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.
8. 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.
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 Energy,
Mineral, and Land Resources, 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 pro ect'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.
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.
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 SW7080523MOD1, as
Page 3 of 5
State Stormwater Management Systems
Permit No.SW7080523MOD1
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 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. Lots within CAMA's Area of Environmental Concern may have the
permitted built -upon area reduced due to CAMA jurisdiction within the
AEC.
i. Each lot will maintain a 50' wide vegetated buffer between all impervious
areas and surface waters.
j. All roof drains shall terminate at least 50' 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 (BUA). 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.
Page 4 of 5
State Stormwater Management Systems
Permit No.SW7080523MOD1
16. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
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 Energy,
Mineral, and Land Resources, 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 Energy, Mineral, and Land Resources accompanied by the
appropriate fee, documentation from both parties involved, and other supporting
materials as maybe 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 8th day of August, 2013.
NORTH CAROQXA ENVIRONMENTAL MANAGEMENT COMMISSION
e
---------- for
Tracy E. Davis, PE, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
Section
Lu
Z
C
W
(()
#
p)
O s
N
rn E
m102
0
Lot #
96
Lot Area (ft2)
G 1 54G
Lot Area (ac)
1 .4 1
Allowable Built
U on Area (ft2)
16300
Built Upon Area
(%)
25.7%
97
5GG 19
1.30
1 G800
25.7%
98
49G 14
1 . 14
14500
29.5%
99
47G2G
1.09
14100
29.G%
100
53G02
1.23
14500
27.8%
101
504G9
1.30
15G00
27.G%
407G0
0.94
12200
29.5%
103
3805G
0.87
11300
29.7%
104
4G505
1.07
13900
29.5%
Z 5
-Z
u o
N K
u 3
0
o O U
co
@
1 29
32959
0.7G
15200
4G. I%
130
24353
0.5G
13100
53.7%
13l
24435
0.5G
13100
53.G%
132
24G5G
0.57
13100
53.1%
133
24787
0.57
3200
53.3%
134
24871
0.57
13200
53. 1 %
135
24741
0.57
13100
52.9%
13G
24598
0.50
13100
53.3%
137
245G8
0.5G
13100
53.3%
138
29499
O.G8
13700
4G.4%
LOTS
710423
1G.31
2G5800
37.4%
RNV * PVMT
135543
3.12
53508
39.4%
COMMON AREA
47519
1.09
0
0.0%
TOTAL
105
803785
2922G
20.52
O.G7
319306
4000
35.7%
13.7%
I OG
24975
0.57
4000
1 G.0%
107
15044
0.35
4000
2G.G%
105
15000
0.34
4000
2G.7%
105
I5000
0.34
4000
2G.7%
110
15000
0.34
4000
2G.7%
I 1 1
15000
0.34
4000
2G.7%
112
2111G
0.46
4000
15.9%
1 13
1 G507
0.35
4000
24.2%
U)
W
114
15750
0.3G
4000
25.4%
115
15187
0.35
4000
2G.3%
a)
I I G
20918
0.45
4000
19. 1 %
Q
a
1 17
15331
0.35
4000
2G. I %
U
LL1
115
20032
0.4G
4000
20.0%
119
18953
0.44
4000
21.1
=
H
120
1528G
0.35
4000
2G.2%
121
15G04
0.3G
4000
25.G%
122
I G 1 50
0.37
4000
24.8%
123
2291 G
0.53
4000
17.5%
124
22 145
0.51
4000
18. 1 %
25
20494
0.47
4000
19.5%
LOTS
385G76
8.85
54000
21.8%
R/W * PVMT
5G285
1.29
2361 I
42.3%
COMMON
39G894
9.11
0
0.0%
TOTAL SECTION
535874
19.2G
107811
12.9%
FUTURE AREA
15G978G I
3G0.37
37G7487
24.0%
CONSERVATION EASE.
997000
22.90
0
0.0%
TOTAL PROJECT
15425121 1
423.05
4571525
27.0%