HomeMy WebLinkAboutSW7970717_Final Permit_20190506ROY COOPER,
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
May 6, 2019
ACADEMI Real Estate Holdings, LLC
ACADEMI, LLC, Manager
Attention: Ms. Katherine F. McKenzie -Veal
850 Puddin Ridge Road
Moyock, NC 27958-8679
Subject: Stormwater Permit No. SW7970717 Name Change
Academi - Lodge/Training Center
Low Density Stormwater Project
Camden County
Dear Ms. McKenzie -Veal:
The Washington Regional Office received a Stormwater Management Permit
Application for name change for the subject project on March 27, 2019. Staff review of
the application has determined that the permit can be reissued. We are forwarding
Permit No. SW7970717 dated May 6, 2019, for the continued operation of the subject
project.
This permit, upon its effective date, will replace all previous State Stormwater permits for
this 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 This permit shall be effective from the date of issuance until rescinded and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 Operation and Maintenance requirements in this permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management system
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, or need additional information concerning this matter, please
contact me at (252) 948-3923.
Sincerely,
Roger K. Thorpe
Environmental Engineer
D_EQ:> North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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State Stormwater Management Systems
Permit No. SW7970717
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
ACADEMI Real Estate Holdings, LLC
ACADEMI - Lodge/Training Center
located at 850 Puddin Ridge Road, Moyock, NC
Camden County
FOR THE
construction, operation and maintenance of stormwater management
systems 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 grass swales to serve ACADEMI
- Lodge/Training Center.
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 following criteria are approved as meeting the
stormwater rules for this project:
a. The total area for this project is 33.20 acres.
b. Total impervious area for this project site is 5.88
acres.
C. Total number of SFR lots is one.
d. Allowable built -upon area must be consistent with
proposed impervious area submitted in the
application by the permittee.
2. The overall tract built -upon area percentage or lot
sizes for the project must be maintained at levels at
least as stringent as the low density levels specified
in the stormwater rules.
3. The development must demonstrate that no areas within
the project site are of such high density that stormwater
runoff threatens water quality.
4. Approved plans and specifications for projects covered
by this permit are incorporated by reference and are
enforceable parts of the permit.
S. The only runoff conveyance systems allowed will be
vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) or curb outlet systems as defined in
the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff
beneath an impervious surface such as a road
b. That minimum amount needed under driveways to
provide access to lots.
7. Projects covered by this permit will maintain a minimum
30 foot wide vegetative buffer between all impervious
areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to
fill in, alter, or pipe any vegetative practices (such
as swales) shown on the approved plans as part of the
stormwater management system without submitting a
revision to the permit and receiving approval from the
Division.
9. Each of the lots in the subdivision will be limited to
the amount of built -upon area indicated in the approved
plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the
proposed home plans do not exceed the allowable built -
upon area. Once the lot transfer is complete, the home
plan may not be revised without approval from the
permittee, and responsibility for meeting the built -upon
area limit is transferred to the individual homeowner.
11. Deed restrictions are incorporated into this permit by
reference and must be recorded with the Office of
Register of Deeds. A copy of the recorded restrictions
must be received by this Office within 30 days of
the date of recording. Recorded deed restrictions must
include, as a minimum, the following statements related
to stormwater management:
a. A statement of the allowable built -upon area per
lot in the following form:
"The allowable built -upon area shall not exceed
5.88 acres, inclusive of that portion of the right-
of-way between the front lot line and the edge of
the pavement, structures, pavement, walkways of
brick, stone, slate, not including wood decking."
b. Items related to stormwater management must remain
in the deed restriction, and this is to be indicated
by including the following:
"The covenants pertaining to stormwater regulations
may not be changed or deleted without concurrence
of the State."
C. To assure that vegetated conveyances are not piped
(in accordance with item 5) deed restrictions must
indicate that:
"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."
12. The Engineer/Owner/Developer/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.
13. The following items will require a modification to the
permit:
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 of the project area.
In addition, the Director may determine that other
revisions to the project should require a modification
to the permit.
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.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for
construction and maintenance of the Low Density Option
stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
2. 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 revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved
plans and specifications.
3. The permittee shall submit recorded deed restrictions
limiting built -upon area per lot in accordance with Part I,
item 9, within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/
Permittee Certification in accordance with Part I, item 12,
within 30 days of completion of the project.
5. 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
1. 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.
2. The permit issued shall continue in force and effect until
revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance, or termination does not stay any
permit condition.
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. The permittee shall submit to the Director and shall have
received approval for revised plans, specifications, and
calculations prior to construction, for those revisions under
any of the following conditions:
a. Any additions, deletions or redesign of the previously
permitted amount of built -upon area proposed regardless
of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person except after
notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the
permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request
must be submitted to the Division accompanied by the
appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits,
and may or may not be approved.
7. 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.
Permit issued this the 6 th day of May, 2019.
NORTH CAROLINA ENVIRONMENTAL
S. Daniel Smith, Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7970717