HomeMy WebLinkAboutSW7150407_Final Permit_20150527MUM&
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 27, 2015
Mr. W. Nelson Pendleton, Jr.
National Park Service
1401 National Park Drive
Manteo, NC 27954
Subject: Permit No. SW7150407
National Park Service Beach Access Ramp 32
Low Density Stormwater Project
Dare County
Dear Mr. Pendleton:
Don Van der Vaart
Secretary
The Washington Regional Office received a complete Stormwater Management Permit
Application for the proposed National Park Service Beach Access Ramp 32 on April 29,
2015. 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. SW7150407 dated May 27, 2015, 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This permit shall be effective from the date of issuance until rescinded and shall be subject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.
If you have any questions, or need additional information concerning this matter, please
contact me at (252) 948-3923.
Sincerely,
ogThorp eo ag ZrZre
Environmental Engineer
cc: Rice & Associates, PLLC
Division of Energy, Mineral, and Land Resources. Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 - Phone: 252-946-64811 FAX: 252-975-3716
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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
National Park Service
Beach Access Ramp 32
NC Hwy 12 between Mille Markers 51 & 52
Dare County
FOR THE
construction, operation and maintenance of a low density development including 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 (DEMLR) 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 parking areas, a vehicle ramp and a
pedestrian trail on this 9.29 acre site.
This permit authorizes the construction of 28,265 square feet of imperious
surfaces. The overall tract built -upon area percentage for the project must be
maintained at no more than 24%, as required by Section 2H .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 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.
7. 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 non -erosive 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. 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.
5. 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 more restrictive of the two numbers shall be considered the maximum
BUA.
6. 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
9. 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.
10. 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.
11. 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 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, 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
21-11.1000; 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.
6. 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.
7. 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.
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.
9. 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 27 th day of May 2015.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
For Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7150407