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HomeMy WebLinkAboutSW7190704_Final Permit_20190812ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality August 12, 2019 The James Jarvis and Catherine Thrasher Revocable Living Trust c/o Mr. James Jarvis 241 Shingle Landing Road Moyock, NC 27958 Subject: Stormwater Permit No. SW7190704 The Landing Subdivision Low Density Stormwater Project Currituck County Dear Mr. Jarvis: The Washington Regional Office received a completed stormwater permit application for the subject project on July 5, 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. SW7190704 dated August 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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required.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 this office at (252) 946-6481. Sincerely, Samir Dumpor, PE Regional Engineer cc: WARO ec: ccthrash80Ca)amail.com davekftissellprofessionalgroup.com bill. ITewnsPcurrituckcountync.gov North Carolina Deparnnent of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office l 943 Washington Square Mail 1 Washington. North Carolina 27889 o.wn amEmxaM».maw� /`� 252.94&6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY 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 kegulations PERMISSION IS HEREBY GRANTED TO The James Jarvis and Catherine Thrasher (Landing) Revocable Living Trust Mr. James Jarvis and Catherine Thrasher FOR THE construction, operation and maintenance of a low density project 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 for the Landing Subdivision located at Moyock, NC. This 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. This permit is for the construction of a 29-lot single family residential subdivision on a 72.66-acre tract with 10.47-acres of proposed impervious area. Each of the 29 lots is limited to a maximum built -upon area as stated in the attached deed restrictions and protective covenances. 2. The overall tract built -upon area percentage for the project must be maintained at or below 24%, as required by 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. 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. The stormwater detention pond as shown on the plans is designed to meet the requirements of the Currituck County stormwater management ordinance, and as such, are not part of this permit. 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 SW7190704, as issued by the Division of Energy, Mineral, and Land Resources under 15A 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 stated in the attached deed restrictions and protective covenances (see attached table). 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. 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. 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. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modifications 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. 8. 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. 9 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10 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. G. 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. 11. 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. 12. 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. 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 NCAC 2H.1000 of the North Carolina Administrative Code, Subchapter 21-1.1000; 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 DEQ 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 12 th day of August 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -------------------------------------------- for S. Daniel Smith, Director Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No. SW7190704 Low Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, James Jarvis. Jr. and Catherine Thrasher Trustees acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for The Landing prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number . as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is (see table) 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, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. 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. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. *50 foot for projects (�located In t 20 coastal counties. I I Signature:_( t3�X Y�PnP�, �l d /� Dates —'"t9 J J �J ►�. ; µ ��,� Cu, �� , a Notary Public in the State of �rg �i rJR , County) of Cu t• ►� , �j� do hereby certify that C cL 44� -e 1- i Qh-✓ A k e "—personally appeared before me this the day of r5 e , 30, and acknowledge the due execution off the foregoing instrument. Witness my hand and official seal, �✓�"" K \ . --1j SEAL Signature 1 �f My Commission expires / 171 RECEIVED JUL D 5 2019 Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 0 Low Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, James Jarvis. Jr. and Catherine Thrasher. Trustees acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for The Landing prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is (see table) 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, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. 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. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30* foot from the mean high watermark of surface waters. *50 foot for projects located in the 20 coastal counties. J 4-d State of , a Notary Public in the County of C Lk- y` r �` - 'A- C-4 , do hereby certify that -PS I"1 as • v i S Sr— personally appeared before me this the r 7- Y day of Z5'k iJ , 20- , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature My Commission expires _ Form DRPC-5 Rev.2 05Nov2009 Page t of t THE LANDING Residential Subdivision Allowable Built -Upon Area and Deed Restriction Calculations Low Density •1:07 NO "�' LQ�f' RSA �':` xi 1 40,000 12,000 2 40,308 12,092 3 40,272 12,082 4 37,969 11,391 5 39,594 11,878 6 40,643 12,193 7 41,383 12,415 8 40,000 12,000 9 40,000 12,000 10 40,776 12,233 11 40,223 12,067 12 40,963 12,289 13 40,000 12,000 14 40,000 12,000 15 40,002 12,001 16 39,809 11,943 17 40,045 12,014 18 40,080 12,024 19 40,000 12,000 20 40,000 12,000 21 42,675 12,803 22 43,648 13,094 23 46,784 14,035 24 44,115 13,235 25 40,000 12,000 26 40,000 12,000 27 39,409 11,823 28 40,000 12,000 29 39,905 11,972 Total 1;178`803 3 `, Project Area Data: Area (sf) Area (Ac) Proposed Lot Area: 1,178,603 27.06 Proposed Right -of -Way Area: 131,645 3.02 Proposed Common Area: 1,854,815 42.58 Total Project Area: 3,165,063 72.66 Built -Upon Area Data: Area (sf) Area (Ac) Residential Lot Coverage: 353,581 8.12 Roadway Coverage: 64,285 1.48 Sidewalk Coverage: 18,371 0.42 Misc. Other Coverage: 20,000 0.46 Total Built -Upon Area: 456,237 10.47 Percentage Built -Upon Area: 14.41% 6 Pilo , IV