HomeMy WebLinkAboutSW7090111_Final Permit_20090316®� W y
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Chris Machle
22826 NC Hwy 55
Oriental, NC 28571
Dear Mr. Machle:
Division of Water Quality
Coleen H. Sullins
Director
March 16, 2009
Dee Freeman
Subject: Permit No. SW7090111
Proposed Dock & Parking
Low Density Stormwater Project
Pamlico County
The Washington Regional Office received a complete Stormwater Management
Permit Application for your proposed dock and parking area on January 26,
2009. 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 21-1.1000. We are forwarding Permit No. SW7090111 dated
March 16, 2009, 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This permit shall be effective from the date of issuance until rescinded and shall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,
6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are
made this permit shall be final and binding.
North Carolina Division of Water Quality Internet: www.ncwateroualitv.ore
943 Washington Square Mall Phone 252-946.6481
Washington, NC 27889 FAX 252-946-9215
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If you have any questions, or need additional information concerning this matter,
please contact either Roger Thorpe or me at (252) 946-6481.
Sincerely,
A
Al Hodge
Regional Supervisor
Surface Water Protection Section
cc: Pamlico County Inspections
Doug Huggett, Division of Coastal Management
Washington Regional Office
Central. Files
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
ChristopherC. Machle
Dock & Parking
Pamlico 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.
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
This permit covers the construction of 6,389 square feet of built -upon
area.
The overall tract built -upon area percentage for the project must be
maintained at 12 %, as required by Section .1005 of the stormwater rules.
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. hoof drains must terminate at least 50 feet from the Mean High Water line.
11. SCHEDULE OF COMPLIANCE
1. Projects covered by this permit will maintain a minimum 50 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 beeg 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
SW7090111, 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.
Lots within CAMA's Area of Environmental Concern may have the
permitted maximum built -upon area reduced due to CAMA
jurisdiction within the AEC.
Construction of additional built -upon area in excess of 6,389 square
feet will require a permit modification.
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.
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,
A minimum 50 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.
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:
Inspectionsa.
Mowing,b Sediment removal.
C. and revegetating•
d. Immediate repair of eroded areas.
e. Maintenance of .-: slopes in accordanceapproved 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.
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The permit issued shall continue in force and effect until revoked or
terminated.
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.
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. 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 16 th day of March 2009.
7RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7090111