HomeMy WebLinkAboutSW7970717_Transfer Owner_20191202ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 2, 2019
Stonebriar Commercial Finance LLC
Attention: Mr. Dirk Stock, Vice President
5601 Granite Parkway, Suite 1350
Plano, TX 75024
Subject: Stormwater Permit No. SW7970717 Ownership Change
Academi - Lodge/Training Center
Love Density Stormwater Project
Camden County
Dear Mr. Stock:
The Washington Regional Office received a Stormwater Management Permit
Application for ownership change for the subject project on October 28, 2019. Staff
review of the application has determined that the permit can be reissued. We are
forwarding Permit No. SW7970717 dated December 2, 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 This permit shall be effective from the date of issuance until rescinded and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 pans, 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 Chanter 150E of the North Carolina General Statutes, and filed with the
Office of Admin isL'rative 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,
�G 7�
Roge K.Thorpe
Environmental Engineer
D_E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall (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
Stonebriar Commercial Finance 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:
DESIGN STANDARDS
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 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.
The development must demonstrate that no areas within the project site are
of such high density that stormwater runoff threatens water quality.
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
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.
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.
Projects covered by this permit will maintain a minimum 30 foot wide
vegetative buffer between all impervious areas and surface waters.
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.
Each of the lots 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 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, 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 2 nd day of December, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7970717