SW7121106_Final Permit_20121210

OUR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. James H. Mobley, Mayor
Town of Chocowinity
P.O. Box 145
Chocowinity, NC 27817
Division of Water Quality
Charles Wakild, P. E.
Director
December 10, 2012
Subject: Permit No. SW7121106
Industrial Park and Rest Area Sewer Improvements
Low Density Stormwater Project
Beaufort County
Dear Mayor Mobley:
Dee Freeman
The Washington Regional Office received a complete Stormwater Management Permit Application for
the Industrial Park and Rest Area Sewer Improvements on November 8, 2012. Staff review of the
plans and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW7121106 dated December 10, 2012, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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
Roger Thorpe at [phone].
erely,
6°- Charles kild, P.E.
cc: Rivers & Associates
North Carolina Division of Water Quality Internet www.ncwaterauality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Town of Chocowinity
Industrial Park and Rest Area Sewer Improvements
Beaufort County
FOR THE
construction, operation and maintenance of a low density development in compliance with the
provisions of Session Law 2008-211 and 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 27,608 square feet of built -upon area.
2. The overall tract built -upon area percentage for the project must be maintained at no more
than 24%, as required by Session Law 2008-211 and Section 2H .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 and shall be kept on file by the permittee at
all times.
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. The built -upon areas associated with this project shall be located at least 50 feet landward of
all perennial and intermittent streams or other surface waters.
Roof drains must terminate at least 50 foot from the Mean High Water line.
No direct discharges to class SA or SR Waters are allowed. Diffuse flow of stormwater at a
nonerosive velocity to a vegetated buffer or other natural area capable of providing effective
infiltration of the runoff from the 1 year 24-hour storm shall not be considered a direct point of
stormwater discharge.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does not exceed
the allowable built -upon area.
2. 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.
3. This project may not be sold or subdivided in whole or in part without first receiving a permit
modification from the Division.
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 SW7121106, 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. This project is permitted for a maximum of 27,608 square feet of built -upon area.
Construction of additional built -upon area in excess of this amount will require a permit
modification.
g. This project may not be sold or subdivided, in whole or in part, without first receiving a
permit modification from the Division.
h. Construction of additional impervious areas such that low -density requirements are no
longer met will require a permit modification 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.
i. 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.
j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial
and intermittent surface waters.
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 DCM'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. The most
restrictive of the two numbers shall be considered the maximum BUA.
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 in whole or in part. 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 re -vegetating 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
This 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 re -issuance of the permit to
change the name and incorporate such other requirements as may be necessary. In the event
of a name or ownership change, a completed Name/Ownership Change form, signed by both
parties, must be submitted to the Division of Water Quality accompanied by the supporting
documentation as listed on page 2 of the form. 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 a transfer of ownership. Neither the sale of the project nor the transfer of common
areas to a third party, such as a homeowner's association, constitutes an approved transfer of
the stormwater permit.

3. 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.
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 Session Law 2008-211 and Title 15A NCAC 2H.1000 of the
North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute
143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by the Division, such as the construction of additional or replacement stormwater
management systems.
The permittee grants permission to DENR Staff to enter the property during normal business
hours, for the purpose of inspecting all components of the stormwater management facility.
The permit issued shall continue in force and effect until revoked or terminated. The permit
may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and re -issuance, or termination does not stay any permit
condition.
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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
10. 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.
11. The permittee shall notify the Division in writing of any name, ownership or mailing address
changes at least 30 days prior to making such changes.
Permit issued this the 10 th day of December 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
- - Ves;Iaj
--- --------- -------------------
For Charlild, P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7121106