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HomeMy WebLinkAboutSW7080701_Final Permit_20080902IJ September 2, 2008 rti ov Michael F. Easley, Governor Willimn G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Cooper Peel Properties, LLC Attn: Mr. Cooper Peel 605 Linden Drive Louisville, KY 40223 Subject: Stormwater Permit No. SW7080701 Tripp Landing Subdivision Low Density Stormwater Project Dear Mr. Peel: Beaufort County Coleen H. Sullins, Director Division of Water Quality The Washington Regional Office received a Stormwater Management Permit Application for the subject project on July 1, 2008. 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. SW7080701 dated September 2, 2008, 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required.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, 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 Bill Moore, or me at (252) 946-6481. inter ly, 4 -AI Ho Regional Supervisor Surface Water Protection Section cc: The East Group, PA Beaufort County Planning/Inspections ,✓Washington Regional Office Central Files North Carolina Division of Water Quality Internet h2o er.slatemc.us 943 Washington Square Mall Phone: 252-946.6481 One Washington, NC 27889 FAX 252-946.9215 NofthCarrolliina An Equal Gpporlunky/Affirmative Actlon Employer- 50% Recycled/10% Post Consumer Paper )VaturKLLff STATE OF NORTH CAROLINA DEPARTMENT 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 Cooper Peel Properties, LLC Mr. Cooper Peel Beaufort County FOR THE construction, operation and maintenance of a low density development 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 Tripp Landing Subdivision located off Crystal Beach Road near Chocowinity, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: L DESIGN STANDARDS Each of the (60) residential subdivision lots shall be limited to a maximum built -upon area as shown in the attached BUA Table. 2. The overall tract built -upon area percentage for the project must be maintained at, or below 30%, as required by 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. 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. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. 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. 7. Roof drains must terminate at least 30 feet from the Mean High Water line. II. SCHEDULE OF COMPLIANCE Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 3. 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. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080701, 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. 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 shown in the attached BUA Table. 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, but does not include raised, open wood decking, or the water surface of swimming pools. g. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to DWQ and a permit modification must be issued prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. h. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. i. A minimum 30 foot wide vegetated buffer area shall be provided between surface waters and all impervious surfaces. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. Projects within CAMA's Area of Environmental Concern (AEC) are subject to a reduction of the permitted amount of built -upon area due to CAMA jurisdiction within the AEC. 8. 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. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon 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, altering or piping any vegetative conveyance shown on the approved plan. 9. 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. 10. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 11. 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. 12. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 13. 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. 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. This permit is not transferable 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. The permittee is responsible for compliance with all permit conditions until the Director approves the transfer. 6. The permittee grants permission to DENR Staff to enter the property for the purpose of inspecting all components of the stormwater management facility. 7. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 8. This project proposes the use of a wet detention basin to comply with local requirements. The proposed wet detention basin will be reviewed and permitted through the local government. 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. Permit issued this the 2 nd day of September, 2008. N RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -- �°- -�— — ---- -- -- ------------- for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7080701 DEED RESTRICTIONS AND PROTECTIVE COVENANTS FOR TRIPP LANDING IN BEAUFORT COUNTY NC AUG - 2008 IN ACCORDANCE WITH TITLE 15 NCAC 2H.1000, THE COASTAL STORMWATER MANAGEMENT REGULATIONS, DEED RESTRICTIONS AND PROTECTIVE COVENANTS ARE REQUIRED FOR LOW DENSITY RESIDENTIAL SUBDIVISIONS WHERE LOTS WILL BE SUBDIVIDED AND SOLD. DEED RESTRICTIONS AND PROTECTIVE COVENANTS ARE NECESSARY TO ENSURE THAT THE DEVELOPMENT MAINTAINS A "BUILT -UPON" AREA CONSISTENT WITH THE APPLICABLE REGULATION GOVERNING THE DENSITY LEVEL. I, COOPER PEEL ACKNOWLEDGE AND AFFIRM BY MY SIGNATURE BELOW, THAT I WILL CAUSE THE FOLLOWING DEED RESTRICTIONS AND PROTECTIVE COVENANTS TO BE RECORDED FOR TRIPP LANDING PRIOR TO THE SALE OF ANY LOT: THE FOLLOWING COVENANTS ARE INTENDED TO ENSURE ONGOING COMPLIANCE WITH STATE STORMWATER MANAGEMENT PERMIT NUMBER , AS ISSUED BY THE DIVISION OF WATER QUALITY UNDER NCAC 2H.1000. 2. THE STATE OF NORTH CAROLINA IS MADE BENEFICIARY OF THESE COVENANTS TO THE EXTENT NECESSARY TO MAINTAIN COMPLIANCE WITH THE STORMWATER MANAGEMENT PERMIT. 3. THESE COVENTANTS ARE TO RUN WITH THE LAND AND BE BINDING ON ALL PERSONS AND PARTIES CLAIMING UNDER THEM. 4. 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. 5. ALTERATION OF THE DRAINAGE AS SHOWN ON THE APPROVED PLAN MAY NOT TAKE PLACE WITHOUT THE CONCURRENCE OF THE DIVISION OF WATER QUALITY. Tripp Landing PAGE 1 OF 3 Beaufort County May 21, 2008 6. THE MAXIMUM ALLOWABLE BUILT -UPON AREA PER LOT IS AS FOLLOWS Lot No. Allowable Built -Upon Area Lot No. Allowable Built -Upon Area AC SF AC SF 1 0.22 9,616 34 0.17 7,438 2 0.17 7,609 35 0.19 8,155 3 0.20 8,651 36 0.16 7,079 4 0.12 5,323 37 0.16 7,018 5 0.22 9,480 38 0.11 4,673 6 0.17 7,618 39 0.27 11,749 7 0.16 6,801 40 0.22 9,766 8 0.18 7,776 41 0.17 7,369 9 0.18 8,030 42 0.16 7,144 10 0.14 6,206 43 0.43 18,557 11 0.15 6,457 44 0.39 16,858 12 0.15 6,549 45 0.47 20,547 13 0.15 6,549 46 0.19 8,359 14 0.15 6,645 47 0.15 6,736 15 0.14 6,093 48 0.26 11,396 16 0.18 7,626 49 0.40 17,380 17 0.19 8,330 50 0.33 14,494 18 0.23 9,802 51 0.38 16,596 19 0.16 7,187 52 0.33 14,244 20 0.16 6,928 53 0.15 6,421 21 0.44 19,210 54 0.37 16,074 22 0.32 13,852 55 0.24 10,565 23 0.24 10,251 56 0.17 7,299 24 0.22 9,731 57 0.14 6,313 25 0.22 9,618 58 0.14 6,120 26 0.22 9,505 59 0.19 8,102 27 0.20 8,893 60 0.21 9,170 28 0.20 8,714 29 0.30 12,910 30 0.56 24,176 31 0.15 6,493 32 0.21 9,193 33 0.14 6,005 Tripp Landing PAGE 2 OF 3 Beaufort County May 21, 2008 THESE ALLOTTED AMOUNTS INCLUDE 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. IN THE CASE OF A LOT WITHIN CAMA'S REGULATED AEC, WHERE THE DIVISION OF COASTAL MANAGEMENT CALCULATES A DIFFERENT MAXIMUM ALLOWABLE BUILT -UPON AREA FOR THAT LOT THAN IS SHOWN HEREIN, THE GOVERNING MAXIMUM BUILT -UPON AREA FOR THAT LOT SHALL BE THE MOST RESTRICTIVE OF THE TWO. 8. 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. 9. EACH LOT WILL MAINTAIN A 50' WIDE VEGETATIVE BUFFER BETWEEN ALL IMPERVIOUS AREAS AND SURFACE WATERS. 10. ALL ROOF DRAINS SHALL TERMINATE AT LEAST 50' FROM THE MEAN HIGH WATER MARK SURFACE WATERS. SIGNATURE: Cam/ 41) DATE: 010OF C P�MEMBER/MANAGER I a Notary Public in the State of , County of 6 a.i do hereby certify that Gao o qti ' persona ly appeared before me this the L day of A' in�t_� 20 d and acknowledge the due execution of the foregoing instrum"t. Witness my hand and official seal, SEAL Signature Moray Peoples, Jr. My Commission expires KPntuck�j Notary g+ i ar9� Commission Expires 2/2/2010 Tripp Landing Beaufort County PAGE 3 OF 3 May 21, 2008