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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 This permit shall be effective from the date of issuance until rescinded, shall void permit SW7080523 issued on August 8, 2008 and shall be subject to the conditions and limitations as specified therein, and does not supercede any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%