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HomeMy WebLinkAboutSW7080902_Final Permit_20081002r/`raO Michael F. Easley, Governor William G. Ross Jr, Secretary rNorth Carolina Department of Environment and Natural Resources 'i .� Coleen H. Sullins, Director Division of Water Quality October 2, 2008 Mr. Joe Mirando, Managing Partner Medical Investors Group, LLC 1200 Veterans Memorial Hwy, Suite 310 Hauppauge, NY 11788 Subject: Stormwater Permit No. SW7080902 Bay River Landing Low Density Subdivision Permit Pamlico County Dear Mr. Mirando: The Washington Regional Office received a complete Stormwater Management Permit Application for Bay River Landing on October 2, 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. SW7080902, dated October 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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 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 Scott Vinson or me at (252) 946-6481. Sincerely, - AI Hodge Regional Supervisor Surface Water Protection Section AH/sv: S:\WQS\STORMWATER\PERMIT\SW7080902 cc: Kevin Varnell, Stocks Engineering, PA Pamlico County Building Inspections WDugg Huggett, Division of Coastal Management ashington Regional Office Central Files Vam Cazo ura North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: www.ncwaterqualitv.ore 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0°/ Post Consumer Paper State Stormwater Management Systems Permit No.SW7080902 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 Medical Investors Group, LLC Bay River Landing Pamlico 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 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. Each of the 69 lots is limited to a maximum of (see Attached Table) square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those,lots within the AEC. 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. Projects 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 feet from the mean high water mark or top of stream bank. II. SCHEDULE OF COMPLIANCE 1. 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.SW7080902 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. 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. The Director may determine that other revisions to the project should require a modification to the permit. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. No piping 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. 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 Water Quality, 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: Page 3 of 5 State Stormwater Management Systems Permit No.SW7080902 a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080902, 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. 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 t e 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 foot wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 50 feet 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 5tormwater Management Systems Permit No.SW7080902 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 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 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. 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. 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 Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 2"d day of October, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t ---------------- ---------------------------------- for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7080902 Page 5 of 5 . ^ TomI�SF)LotArea YVedalnSF) Upla(SP)Nea CLot (SF) Uplands Plus #ddltlon)l 2Upland(SP RUYMWs pus Pji Pe reent lmprviousom 1 26.073 957 25.116 0 26,073 7,500 28.B% 2 29.780 3.019 26.761 0 29,780 8,000 26.9% 3 47.270 3,088 42,271 1,911 45359 8,000 17.6% 4 47,281 2,589 42.716 1,976 45,305 8,000 17.7% 5 51,088 5.450 43.126 2,512 48,576 8,000 1&5% 6 43,956 1,300 41,231 1,425 42,531 8,000 18.6% 7 48,966 2.634 33.325 13.007 35,959 8.000 22.2 % 8 43,762 1,246 27,301 15,213 28,549 8,000 28.0% 9 54,894 860 52.156 1,B78 53,016 8,000 15.1% 10 50,613 3,750 41,365 549B 45,115 8000 17.7% 11 87,574 8.793 70,772 8,009 79,565 8,000 10.1 12 64,761 7.857 41,440 15,464 49,297 8,000 16.2% 13 44,013 2,865 34,071 7,077 36,936 8,000 21 7% 14 56,029 7,935 43,909 10,185 45,844 8,000 17.5% 15 74,263 8.208 36,858 29,197 45,066 8.000 17.8% 16 85,025 1.249 52,549 31,227 53,798 8,000 14.9% 17 62,697 1,489 42,283 18,925 1 43,772 8.000 18.3% 18 78.695 7,486 53,322 17,887 60,808 8,000 13.2% 19 66.356 3,129 41,473 20,754 44,602 8,000 17.9% 20 65.768 5,344 - 48,339 12,085 53,683 8.000 14.9 21 61,308 8,824 50,338 2,146 59,162 8,000 13.5% 22 36,367 9,450 19,967 6.950 26,623 8,OD0 30.0 % 23 29,136 4,927 20,805 3,404 25.732 7,500 29.1 % 24 29.860 205 29,655 0 29,860 8,000 26.8% 25 64,206 8,608 37,008 18,590 45,616 8,00 17.5% 26 44,613 1,300 31,482 11,831 32,782 B4ODO 24.4% 27 58,855 4,163 35,690 19,002 39,853 8,000 20.1% 28 52,781 13,633 39.148 0 52,197 8,000 15.3% 29 53,354 3,337 34716 15.301 36,053 1 8000 21.0% 30 48.365 1,515 30,953 15.897 32,468 8000 24.6% 31 48,523 1 1.392 41,778 5.363 43,170 8,000 18.5 % 32 73.155 6,611 64,246 2,298 70,857 8,000 11.3% 33 54.734 0 54,734 0 54,734 8,000 14.6% 34 30,287 7,185 23,102 0 30,287 8,0DO 26.4% 35 25101 9,441 15,660 0 25,101 800 31.9% 36 32.802 7,654 25.148 0 32,802 9,000 27.4% 37 103,950 6.895 19,917 77.138 26,812 8,000 29.8% 38 51,834 9,772 26.993 15.069 36,765 B4ODO 21.6% 39 56,582 9.925 29.941 16.716 39,866 8,000 20.1 % 40 66 517 19.875 30,486 16,156 60,361 8,ODO 15.9% 41 89,385 2,727 45,480 41,178 48.207 8,D00 16.6 % 42 85,109 2,841 49,409 32,859 52,250 8,ODO 15.3% 43 79,571 10,494 2369E 45,479 $4,192 8,000 23.4% 44 156,034 4,9B5 27,013 124,036 31.998 8,500 26.6% 45 72,067 2,004 27,682 42,381 29,686 8,500 28.6% 46 70.089 2,693 15,208 45,188 24.901 6.000 24.1% 47 61,731 4,096 14,673 43,063 18.668 4,000 21.4% 48 39,009 2.158 10,935 25,916 13,093 4,400 33.6% 49 43,481 1,036 13,601 28,844 74,837 000 33.5% 50 72,620 5.933 21,155 45.532 27,088 8.000 29.6% 51 22,171 1,572 19,906 693 21,478 6,400 29.8% 52 22.659 602 22,044 13 22.646 6.600 29.1% 53 24.212 0 24.212 0 24.212 7.500 31.0 % 54 29.239 6,512 22.727 0 29.239 8,0DO 27.4 55 35,973 13,543 20,194 2.239 26,921 .4,500 16.7% 56 58,296 14,406 11.225 32,663 25.633 7,500 29.3% 57 58.836 2,618 30,583 25,635 33,201 8,000 24.1 % 58 66,211 1,652 39,583 24,976 41.235 8,000 19.4 % 59 66,568 5,828 33,287 27,453 39,115 8,000 20.5% 60 59,212 15,167 15.106 28,939 30,273 6,000- 19.8% 61 48,208 1,657 25.754 20,797 27.411 8,000 29.2% 62 64,886 6,167 24,279 34.440 30.446 8,ODD 26.3 % 63 125,456 8,755 33557 83,144 42.312 8,000 18.9% 64 176,214 7,780 17.287 151,147 25,067 3,000 12 0% 65 43,068 1,815 41.263 0 43,068 8,000 18.6% 66 22,826 444 22,382 0 22.826 7,500 32.9% 67 36,624 5.904 30.720 0 36.624 8,000 218% 68 53,149 4,231 48,918 0 53.149 8,000 15.1% 69 45,090 0 45.090 0 45,090 8,000 17.7 IT'EII/B, ji OCT 0 2 2008 30J # DWQ