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HomeMy WebLinkAboutSW7190205_Final Permit_20190412ROY COOPER Goremor MICHAEL S. REGAN secretary' S. DANIEL SMITH inter... Direr^ r Allied Properties, LLC Attn: Justin M. Old, Registered Agent 417 Caratoke Hwy, Unit Moyock, NC 27958 NORT, CAROL NA EnYtronmental Quality April 12, 2019 Subject: Stormwater Permit No. SW7190206 Glenmoor Ridge Subdivision Low Density Subdivision with a Curb Outlet Swale System Currituck County Dear Justin M. Old, The Washington Regional Office received a complete Stormwater Management Permit Application for the Glenmoor Ridge Subdivision project on February 20, 2019. 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. SW7190205 dated April 12, 2019 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s), recordation of deed restrictions, certification of the SCM's, procedures for changing ownership, and transferring the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to certify the SCM's, to transfer the permit, or to renew the permit, will result in future compliance problems. 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, please contact me at (252) 946-6481. Sincerely, /... �.-�- William Carl Dunn, PE Environmental Engineer cc: David A. Deel, PE — Deel Engineering, PLLC (PO Box 3901, Kill Devil Hills, NC 27948) Currituck County Inspections (152 Courthouse Rd, Suite 100, Currituck, NC 27929) Washington Regional Office �`` 'worth C r ot;na :>ePartme7r of En ero meta Q ,t� Dn5 o a _sera):. M1^ raI n _aa s2.eso, rye= N nma•on rcegia a10.. ce v431N sn:naron Square M211 P.a hinaton.'wo C roina2 Boo 2529466 81 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SWALE SYSTEM 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 Allied Properties, LLC Glenmoor Ridge Subdivision Campus Drive, Moyock, Currituck 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. The project is permitted for 50 lots, each limited to a maximum of (see Attachment) square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans. 2. The overall tract built -upon area percentage for the project must be maintained at or below 24%, per the requirements of Session Law 2006-246 and 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. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 5. All roof drains must terminate at least 50 feet from the mean high water mark of surface waters. 6. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 7. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded" drainage easement. 8. Wet ponds have been proposed to meet the requirements of Currituck County's Stormwater Management Ordinance and as such are not part of this permit, II. SCHEDULE OF COMPLIANCE Curb outlet swales, 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. 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. 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 issuance of this permit, the Division is granting a minorvariance to the no piping requirements and the curb outlet minimum requirements as set in 15A NCAC 2H.1005(2)(a)(ii), at locations as designated on the approved plans for the management of the wet ponds. The additional treatment gained through the wet ponds provides the means for granting the minor variance 8. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 9. 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 constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 10. 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. 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: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7190205, 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. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 50 foot from the mean high water mark. 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. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee or Board (ARC orARB) 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. 14. 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. 15. 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. 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 Energy, Mineral, and Land Resources 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. Conveyance of common areas to third parties, such as a homeowner's association, by the permittee, where the required Name/Ownership Change form has not been submitted to and approved by the Division, does not constitute transfer of the stormwater permit and does not relieve the permittee of responsibility for maintaining compliance with the permit or transferring the 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 Energy, Mineral, and Land Resources, 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 2006-246, 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 enterthe 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 12th day of April, 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Uanny smith, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7190205 Attachment A GUNN104RRIWE Allowabia.Bul"ponAmeand Residen"I Subdivision 4aed RoMriaNal C idad"s I a 1 21 35 6.341 2 21 33 - 0.340 3 22,385 6.716 4 22,901 8,885 6 22.951 6055 6 22AI 6596 7 22,951 elm 6' 4,450 0.73 i0 23 256 et980 11 23,280 6.9M 12 6 971 13" 14 21110 i 21,743 6,552 e,623 15 16 21754 21 40 _ 6,,526 6,6682 ........ 17- 21,935 B6a7 19 21,342 6%3 20 MOM 6,601 21 22001 6$C0 22 . 22I101 8,000 23 22.001 6,000 24 25' _70 22,001 22001 66i10. .. 8,000 ... 22.001 .. 8600 27 22001 e600 28 22154. 446 ....29 21,749 8 26 30 31- - 22,073 21774 a $22 B;532 32... 21,861 1,658 33 34 23,463.. 23146 7,039 _.6,944.. 36 - 2i';765 6,636 36. 37 38 30 21„1i67" 21,585 21586 21,567 ... 6470 478..... 0470 40 22,174 6,65.2... 41 22174 06e 42 22;174 8662 43 44 22;603 26 732 0.781 7,720 45 26,693 7,708 -46 25;000 7,600 47 25,000 7;600 48 25001 7,500 40 80 -26,723. 27,310 7717 6193