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HomeMy WebLinkAboutSW7170101_Final Permit_20170117rt r.. Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY January 17, 2017 Assorted Development Corp. Attn.: Mr. Gary Dunstan 509 Wilkinson St. Kill Devil Hills, NC 27948 Subject: Stormwater Permit No. SW7170101 Mill Run Low Density Subdivision Permit Camden County Dear Mr. Dunstan: ROY COOPER Governor WILLIAM G. ROSS, JR. Acting Secretary TRACY E. DAVIS Director The Washington Regional Office received a complete Stormwater Management Permit Application for the Mill Run project on January 4, 2017. 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. SW7170101, dated January 17,2017, 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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) 946-6481. Sincerely, William Carl Dunn, PE Environmental Engineer cc: David Klebitz, PE, Bissell Professional Group Camden County Planning Division Washington Regional Office State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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 Assorted Development Corp. Mill Run Camden County FOR THE construction, operation and maintenance of a 24% 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 Energy, Mineral, and Land Resources (Division) 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 45 lots is limited to a maximum of (see Attachment ) square feet of built -upon area, as indicated in the application and as shown on the approved plans. 2. The overall tract built -upon area percentage for the project must be maintained at 24% per the requirements of Section .1005 of the stormwater rules. 3. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. 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. All roof drains must terminate at least 50 foot from the mean high water mark. 6. Two stormwater retention ponds are proposed to meet the requirements of Camden County's stormwater management ordinances and as such are not part of this permit. State of North Carolina I EnvironIDental Quality I'Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T It. SCHEDULE OF COMPLIANCE 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. 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. 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. f. Maintenance of level spreaders and infiltration areas in accordance with approved plans and O&M documents. 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. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 6. 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. 7. By the issuance of this permit, the Division is granting a minor variance from the no piping requirements as set in 15A NCAC 2H.1005(2)(a)(ii), at two locations. The locations covered by this variance are the pipe used to connect the two retention ponds and the pipe used to direct overflow from the retention pond to Mill Run Creek. The proposed BMP's will provide better treatment of the stormwater runoff than the vegetated swales lost by approved piping. 8. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been State of North Carolina I Environmental Quality I'Energy, Mineral and Land Resources 1612 Mail Service Center 1512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 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, 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 11.12 and 11.13 of this permit. 10. 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: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7170101, as issued by the Division of Energy, Mineral, and Land Resources 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 Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. The maximum built -upon area per lot is (see Attachment) 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, 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 the development except for average driveway crossings, is strictly prohibited by any persons. h. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 50 foot from the mean high water mark. j. If permeable pavement credit is desired, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of the permeable pavement. 11. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 12. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB) 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 or ARB do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. State of Nordr Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T 13. All 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. 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. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 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. 2. 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 Title 15A 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. 6., The permittee grants permission to DENR Staff to enter the property during normal State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T 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 17th day of January, 2017. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ------------- - - ---- - --------------------------- for Tracy E. Davis, PE, CPM Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit Number SW7170101 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 9197079200 T MILL RUN Allowable Built -Upon Area and Low Density Residential Subdivision Deed Restriction Calculations f. 1 24,126 4,600 2 23,997 4,600 3 24,125 4,600 4 24,149 5,000 5 24,543 5,000 6 24,386 5,000 7 24,509 5,000 8 24,503 5,000 9 24,256 5,000 10 23,400 4,600 11 23,399 4,600' 12 23,398 4,600 13 23,399 4,600 14 23,400 4,600 15 23,999 5,000 16 23,980 5,000 17 23,979 5,000 18 23,971 5,000 19 23,957 5,000 20 24,146 4,600 21 24,107 4,600 22 23,832 4,600 23 23,951 4,600 24 24,156 4,600 25 24,730 4,600 26 25,001 4,600 27 25,051 4,600 28 24,955 4,600 29 24,878 4,600 30 24,770 4,600 31 24,314 4,600 32 23,805 4,600 33 24,099 4,600 34 26,065 5,000 35 24,344 4,600 36 24,412 4,600 37 24,406 4,600 38 26,387 5,000 39 25,137 4,600 40 24,750 4,600 41 24,442 4,600 42 24,530 4,600 43 24,611 4,600 44 24,620 4,600 45 24,646 4,600 Project Area Data: Area (sf) Total Residential Lot Area: 1,095,620 25.15 Ac. Total Common Area; 1,031,609 23.68 Ac. Total Right-of-way Area: 133,034 3.05 Ac. Total Project Area: 2,260,263 51.89 Ac.