HomeMy WebLinkAboutSW8050841_HISTORICAL FILE_20121010STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD
Central Files: APS SWP
10/10/12
Permit Number SW8050841
Permit Tracking Slip
Program Category
Status Project Type
State SW
Withdrawn Major modification
Permit Type
Version Permit Classification
State Stormwater
Individual
Primary Reviewer
linda.lewis
Coastal SW Rule
Coastal Stormwater - 1995
Permitted Flow
Permit Contact Affiliation
Facility
Facility Name Major/Minor Region
Live Oaks at Topsail Minor Wilmington
Location Address County
S Topsail Or Pender
Surf City NC 28445 Facility Contact Affiliation
Owner
Owner Name Owner Type
NC Properties I LLC Non -Government
Owner Affiliation
David Nelson
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance
10/31/05 06/05/12
14120 Ballantyne Corp PI
Charlotte NC 28277
Public Notice Issue Effective Expiration
Regulated Activities Requested/Received Events �.
State Stormwater - HD - Infiltration Additional information received
Deed restriction requested
Deed restriction received
Additional information requested 07/27/12
Additional information received 08/23/12
Additional information requested 10/10/12
Outfall NULL
watorbody Name Stream Index Number Current Class Subbasin
P. 1
FILE MODE
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873 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( NOV
OPTION
ADDRESS (GROUP)
__
919104559033
2.2005 4:10PM )
TTI NCDENR WIRO
RESULT PAGE
OK -- - P. 17/17
--------------------------------_-----------------------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of Forth Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F, Easley, Goyemor William G. Ross Jr., Secretary
Date:
To: C��Apt
CO:
REMARKS:
FAX COVER SHEET
No. Of Wages: (excluding cover) --� From: ,M hi Q LJ -
CO: NC DENR.
FAX#: 910-350-2004
127 Cardinal drive r-(tension, Wilmington, N.C, 28405-3845 Telephone (910) 796-7215 Pax (910) 350,2004
An tqual Opportunity Aflirntntive Action Employer
State Stormwater Management Systems
Permit No. SW8 050841
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH 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
Kim McCallum
Live Oaks at Topsail
Pender County
FOR THE
construction, operation and maintenance of an underground infiltration trench with a
storage system and pump station 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 Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until October 31, 2015, and
shall be subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 43,568 square feet of
impervious area. This trench must be operated with a 50' vegetated filter.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. There is no allotment for future built -upon
area.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2of7
State Stormwater Management Systems
Permit No. SW8 050841
6. The following design criteria have been provided
in the infiltration trench,.storage
system, and pump station, and must be maintained at design conditions:
a.
Drainage Area, acres:
1.40
Onsite, ftz:
61,037
Offsite, ftz:
None
b.
Total Impervious Surfaces, ft2:
43,568
C.
Design Storm, inches:
1.5
d.
Trench Dimensions, L x W x H, ft:
31.25 X 2.83 X 1.0
e.
Perforated Pipe Diameter/Length, ft/ft:
1.90 ("equiv.diam.")162.50
(2 rows of 5 Standard SideWinder0 Chambers, each at 34" X 75" x 12")
f.
Bottom Elevation, FMSL:
9.16
g.
Bypass Weir Elevation, FMSL:
7.32
(At Bypass Structures #1 and #2)
h.
Permitted Storage Volume, ft3:
5,285
Bypass Structures, ft3:
40
24" HDPE Drains, ft3:
483
36" HDPE Manifold, ft3:
354
60" HDPE Pipe, ft :
4,261
12" HDPE Outlet, ft3:
51
4' Diameter Wetwell, ft3:
96
i.
Type of Soil:
sand
j.
Expected Infiltration Rate, inlhr:
8.0
k.
Seasonal High Water Table, FMSL:
7.16
I.
Time to Draw Down, hours:
48
M.
Pump:
Myers S33 or equivalent
(26 GPM @ 11' TDH with throttle valve to deliver 13.0 GPM)
n.
Receiving Stream/River Basin:
ICWW I Cape Fear
o.
Stream Index Number:
18-87-(5.5)
p.
Classification of Water Body:
"SA; HQW"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its 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 system will be repaired immediately.
Page 3 of 7
State Stormwater Management Systems
Permit No. SW8 050841
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of bypass structure, filter media, flow
spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. 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 item shown on the approved plans, including the
stormwater management measures, 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, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
Page 4 of 7
State Stormwater Management Systems
Permit No. SW8 050841
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. 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 except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit.a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the 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. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. 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) having jurisdiction.
4. 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 this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. 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.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 31 st day of October 2005.
NORP1'I CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-�; aetZW4 0 �3 �
for A an W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
State Stormwater Management Systems
Permit No. SW8 050841
Live Oaks at Topsail
Stormwater Permit No. SW8 050841
Pender County
Designer's Certification
I, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Management Systems
Permit No. SW8 050841
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Ren Holt, Pender County Building Inspections
Page 7of7
Stormwater Treatment CAD
& Erosion Control Narrative
Live Oaks at Topsail Surf City pC p
s n
Kim McCallum proposes to construct 22 townhome units and associated ammenities on a
5.98 acre tract located on N.C. 50 just northeast of its intersection with Shore Drive in Surf
City, NC. The site is currently vacant.
The site is immediately adjacent to the Intracoastal Waterway (SA) in the Cape Fear Basin.
Existing site topography is generally flat/gently sloping (0 -5%) towards the western
boundary of the tract (adjacent to Intracoastal Waterway). Soils are fine to coarse sand.
Topography suggests that precipitation currently infiltrates into the sandy soils or sheet
flows into adjacent wetland areas.
On the basis of entire tract, development activities are Low Density (16.73%). However,
4.46 acres of the total 5.98 acres are wetland. Excluding wetland areas, the proposed
development activities are high density (BUA=65.80%), therefore, stormwater treatment
facilities are required. Because the site is located adjacent to class SA waters, an infiltration
system is required. Because of site topography, groundwater conditions, and setback
requirements it is necessary to collect first 1.5" of stormwater in a subsurface storage
system constructed from a series of 60" diameter HDPE pipe sections and 36" manifold.
Collected storwmater will be pumped from the storage system to an upgradient infiltration
bed located near the front of the site.
Proposed impervious areas are as follows:
Site
Offsite
Total
Buildings
22,392 sf
-0-
22,392 sf
Streets
11,762 sf
-0-
11, 762 sf
Parking
7,155 sf
-0-
7,155 sf
Sidewalks
2,259 sf
-0-
2,259 sf
Other
-0-
-0-
-0-
Reserve for Future
-0-
-0-
-0-
Total 43,568 sf -0- sf 43,568 sf
Proposed grading activities will be limited to installation of building pads, roadways, and
d riveways.
Proposed erosion sedimentation control measures include silt fence and four temporary
sediment storage basins. Temporary diversion ditches are proposed to divert all runoff
toward the proposed basins. The proposed basins contain adequate storage to
accommodate sediment generated from the project area based on 1,800 CFlacre
requirements.
_C_wstal Coast Engineering, PA
3817-3 Freedom Way
Hubert, N.C. 28539
Tel: (910) 325-0006 Fax: (910) 325-0060
Email; Mstalcoasteng@bizec.rr.com
October 15, 2005
Mr. Paul T. Bartlett, PE
N.C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, N.C. 28405Fg-F-,'c- ] ���
Re: Stormwater Project No, SW8 050841 OCT 0 7 5��
Live Oaks at Topsail
Pender County BY. —
Dear Mr. Bartlett,
We are in receipt of your Request for Additional Information dated October 14, 2005 for the
referenced project. We provide the following information to allow you to continue the
stormwater review (item number corresponds to your original Request):
1. Copy to be provided under separate cover by Charles Riggs & Associates, Inc.
2. One (1) partial and One (1) full set of plans.
3. Total project area, including wetlands, is 5.98 acres. However, treatment system is
sized, to accommodate only that portion of the total area which is to be developed
(61,037 sf or 1.40 ac). We have revised Sheet 2 of the application in an effort to clarify.
4. Proposed decks are not covered and are not counted as impervious. Pool area deck is
included in "sidewalks" entry. I have enclosed a Drainage Area Supplement which
should clarify.
5. Infiltrator Chamber product information is enclosed. Sheet 5/6 revised to include a
cross section detail.
6. An unsigned copy of the Underground Infiltration Trench Supplement is enclosed. A
signed copy will be provided under separate cover by Charles Riggs & Associates, Inc.
We are hopeful that this response addresses all concerns and that the permit can be
issued in the near future. Should you have questions or additional concerns, please feel free to
contact me.
?av
rely,
Newsom, P
CRYSTAL COAST ENGINEERING
cc: Charles Riggs
i
P. 1
COMMUNICATION RESULT REPORT ( OCT.14.2005 5:11PM
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
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504 MEMORY TX 919103250060 OK P. 3/3
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Boss, Jr., Secretary
FAX COVER SHEET
Date: 10/14/05
To: David Newsom
Company: Crystal Coast Eng.
FAX #: (910) 325.0060
No. of pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: 910-350-2004
Phone #: 910.796-7301
DWQ Stormwater Project Number: SW8 050841
Project Name: Live Oaks at Topsail
MESSAGE:
David,
A Request for Additional Information is attached for the subject project. The original will
be mailed to Ms. McCallum, and a copy will be mailed to you.
14
I
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
f T1VN10147PN W M94M
Date: 10/14/05
To: David Newsom
Company: Crystal Coast Eng.
FAX #: (910) 325-0060
William G. Ross, Jr., Secretary
No. of Pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: 910-350-2004
Phone #: 910-796-7301
DWQ Stormwater Project Number: SW8 050841
Project Name: Live Oaks at Topsail
MESSAGE:
David,
A Request for Additional Information is attached for the subject project. The original will
be mailed to Ms. McCallum, and a copy will be mailed to you.
ENBlptb: S:1WQSISTORMWATERIADDINF0120051050841
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 796-7215 FAX (910) 350-2004
An Equal Opportunity Affirmative Action Employer
�GF WAT, R Michael F. Easley, Governor
�O G William G. Ross, Jr., Secretary
C r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 14, 2005
Ms. Kim McCallum
P.O. Box 2671
Surf City, NC 28445
Subject: Request for Additional Information
Stormwater Project No. SW8 050841
Live Oaks at Topsail
Pender County
Dear Ms. McCallum:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Live Oaks at Topsail on October 12, 2005. A preliminary review of that information has
determined that -the application is not complete. The following information is needed to
continue the stormwater review:
di )-Please provide a copy of the Corps of Engineers wetlands delineation.
f
Please provide a full, second set of the submitted plans.
3. Please clarify the project and drainage area. Section 111.3 and 111.6 list 5.98 ac
jo 0 — (260,417 sq ft) and the calculations list 61,037 sq ft. The calculations appear to
f7� be correct.
4. Please clarify the impervious area entries in the application and calculations. Are
`o'(- o J the decks on the dwellings pervious wood or impervious, and was the pool area
/7743 deck included in the "sidewalks" entry?
5. P.lease provide a cut -sheet of the manufacturer's specs for the infiltrator units and
provide a lateral cross-section (trench width cross-section) of two installed
infiltration units on Sheet 516.
6. Please submit an Infiltration Trench System Supplement since it is more
applicable to the proposed design than the submitted Infiltration Basin
l"�( /� supplement.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to October 21, 2005, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
North Carolina Division of Water Ouality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us ne
NOiellCdr01i11a
An Equal OpportunitylAffirmative Action Employer - 59% Recycledl10% Post Consumer Paper Alatiaally
Ms. Kim McCallum
October 14, 2005
Stormwater Application No. SW8 050841
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 796-7301.
Sincerely,
Paul T. Bartlett, P.E.
Environmental Engineer
ENB/ptb: S:1WQSISTORMWATERIADDINFO120051050841
cc: David Newsom, Crystal Coast Engineering, PA
Paul Bartlett
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500888 County: Pender U.S.G.S. Quad: Holly Writ!
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: The Live Oaks of Topsail, LLC ET AL Agent: Josh Witherspoon
Environmental Services, Inc,
Address: Post Office Box 2671 524 S. New Hope Road
Surf City, NC 28445 Raleigh, NC 27610 C�`��
Telephone No.: (919) 212-1760 � f Property description: 0o I� —Ph
f
Size (acres) 5.978 acres Nearest Town Surf City
Nearest Waterway Intracoastal Waterway River Basin Intracoastal Waterway
USGS HUC Coordinates N 34.415E W 77.562E
Location description The prop rty, is located adjacent to the Intracoastal Waterway,on the north side of S. Topsail
Drive, lots 1-5 of Elizabeth Grady Division, Parcel #s 4234-35-4585, 4234-35-552.7, 4234-35-5651, 4234-35-5695, just east
of the intersection of S. Topsail Drive and S. Shore Driv__i_n Surf City, Pender County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there tray be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
X There are Navigable Waters of the United States within the above deseribed property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may, be relied upon for a period not to exceed
five years from the date of this notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)E33 USC 4 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a snore timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on October 17, 2005. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington;, NC at (910) 395-3900 to
determine their requirements.
Page 1 of 2
Action ID: 200500888
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at (910) 251-4829.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 _Corps _Welland _Delineation Manual
and is adjacent to the Intracoastal Waterway, a navigable water of the US. Determination is based on information
provided by Josh Witherspoon, of Environmental Services, In_c. and a field vist_by_Lillette Granade_on May 25, 2005.
Remarks:
� r
Corps Regulatory Official: '((.
Date October 17, 2005 Expiration Date October 17, 2010
Corps Regulatory Official (initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
is
N.OT1F)[C�A&TION QFDMINISTRATIVE APPEAL OPTIONS ANmmm.
M'1�,
R
It ST
Applicant: The Live Oaks of Topsail, LLC ET AL
File Number: 200500888
Date: October 17, 2005
Attached is: a signed wetland survey
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter of ermission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELfMINARY JURISDICTIONAL DETERMINATION
E
SEC I ION I ` The follo'wiiig tdentiltes your rlghts acid options regardingan admmtstrattve appeal of thePabove':
L{a4., er � 3. {a t. ..>i..�.,
Additional znfarmattan;Inay be�faund at http //www:usace armys�ntlltnet/iunetions/cwLc cwo/reg orb;
icleclsion
Corps re ulatlons•,at;`33 GER
. _ .. __
A: INITIAL PROFFERED PERMIT: You may accept or object to the }permit.
• ACCEPT. If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
pernvt, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Pernut or acceptance of the I.,OP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section lI of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. if you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
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REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
I'0INTOFCONTACT'F ORS iJESTIQNS "R INF4RNiATION `,` ay§ g °�t `rc
.` as ,��m�rE
If you have questions regarding this decision and/or
If you only have questions regarding the appeal process
the appeal process you may contact:
you may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
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3817-3 Freedom Way
Hubert, N.C. 28539
TeL (910) 325-0006 l
Fax: (910) 325-0060
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To: Paul T. Bartlett, PE
N.C. Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Rer Live Oaks of Topsail
From: David K. Newsom
Date: October 17, 2005
oCT 18 ?o v41
su)o ��
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
Attached:
One (1) original signature on Underground Infiltration Trench Supplement (page 414)
One (1) copy Wetlands Survey plan
One (1) oopy Wetlands Delineation (Corps of Engineers)
Comments:
These items are being sent to you in response to your Request for Additional Information dated
10/14/05. These enclosed items address Item No. 1 and Item No. fi from that Request.
Additional items were also sent to you today under a different cover. (For items #2-5 from the same
Request for Additional Information)
3817-3 Freedom Way
Hubert, N.C. 28539
Tel: (910) 325-0006
Fax: (910) 325-0060
1
To: Cameron Weaver
From: David K. Newsom
GLiS r ✓>I
t406D -rc�
P A hqlwl0r3
Re: Live Oaks at Topsail EXPRESS Date:
October 11, 2005
Ali
❑ Urgent ❑ For Review ❑ Please Comment
❑ Please Reply
❑ Please Recycle
Attached:
One (1) Original + one (1) copy Application & Supplement
Infiltration System Design Calculations 1 Stormwater Pump Calculations
Site & Soils Evaluation Report --
Permit Application Fee (2 checks $2,000 each)12
, '1005
Opp
M
Comments:
Please review and, if acceptable, approve.
PLEASE NOTE
Wetland delineation has been approved and is awaiting signature by COE.
Sep*'2l U5 11:51a (:rystalUoastlzngineering
910-325-0060 p,2
�724
NCDENR
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension. Wilmington, NC 2B405 (910)395-3900 FAX (910)350-2004
Request for Express Permit Review
(o/�-
��o�v�
FILL-IN all infonnafion below and CHECK required Permit(s).
FAX to Cameron Weaver along with a narrative and vicini ma of the project loeatian.
Projects must be submitted by 9:00 A.M.of the review date, unless prior arrangements are made_
n t
APPLICANT i
Company
Phone 3 i 0_ `-1 5- u F
PROJECT Name LIU ctsue.
ENGINEERlCONSULTANT
Company s1-cl- Cry rl e e y r1
Address_ 5 3 l `7- 3 F��w-,n �a L- City/Star
Phonela,o-)'�25-b004C� Fax Y9iC,) 3�-,5 -0
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❑ STREAM ORIGINATION CERTIFICATION
STORMWATER ❑ Low Density �j High Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter XHjgh Density -Infiltration ❑ Off Site
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban 4Waterfrcnt
❑ LAND OVALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed.
❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands DelineatedlNo JD
❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done
❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted
The legislation allows additional fees, not to exceed 50% of the original Express Review permit applicatfon
fee, to be charged for subsequent reviews due to the insufficiency of the permit applications.
SUBMITTAL DATES:
SW
CAMA
LOS
For DENR use only
Fee Split for multiple permits:
401 - $
Total Fee Amount $
aep z1 uo i j:aia urysmuoasitngineering
`J IU-JLZ)-UUOU P.J
I
Stormwater Treatment
& Erosion Control Narrative
Live Oaks at Topsail — Surf City
Kim McCallum proposes to construct 22 townhome units and associated ammenities on a
5.98 acre tract located on N,C. 50 just northeast of its intersection with Shore Drive in Surf
City, NC. The site is currently vacant.
The site is immediately adjacent to the Intracoastal Waterway (SA) in the Cape Fear Basin.
Existing site topography is generally flat/gently sloping (0 -5%) towards -the western
boundary of the tract (adjacent to Intracoastal Waterway). Soils are fine to coarse sand.
Topography suggests that precipitation currently infiltrates into the sandy soils or sheet
flows into adjacent wetland areas.
On the basis of entire tract, development activities are Low Density (16.73%). However,
4.46 acres of the total 5.98 acres are wetland. Excluding wetland areas, the proposed
development activities are high density (BUA=65.80%), therefore, stormwater treatment
facilities are required. Because the site is located adjacent to class SA waters, an infiltration
system is required. Because of site topography, groundwater conditions, and setback
requirements it is necessary to collect first 1.5" of stormwater in a subsurface storage
system constructed from a series of 60 diameter HDPE pipe sections and 36" manifold.
Collected storwmater will be pumped from the storage system to an upgradient infiltration
bed located near the front of the site_
Proposed impervious areas are as follows:
Site
Offsite
Total
Buildings
22,392 sf
-0-
22,392 sf
Streets
11,762 sf
-0-
11,762 sf
Parking
7,156 sf
-0-
7,155 sf
Sidewalks
2,259 sf
-0-
2,259 sf
Other
-0-
-0-
-0-
Reserve for Future
-0-
-0-
-0-
Total 43,568 sf -0- sf 43,568 sf
Proposed grading activities will be limited to installation of building pads, roadways, and
driveways.
Proposed erosion sedimentation control measures include silt fence and four temporary
sediment storage basins. Temporary diversion ditches are proposed to divert all runoff
tep. Lr U5 ll:5La Urystaluoasttngineering yIU-;32b-UUW PA
toward the proposed basins. The proposed basins contain adequate storage to
accommodate sediment generated from the project area based on 1,800 CFlacre
requirements.
r- — L+Iy5Ldik cuabLr-ngineering
91 U-325-U()60
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TOPSAIL SOUND
N-C. HWY
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Vicinity Map
NO SCALE
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Vicinity Map
NO SCALE
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'F, L"/ 05 11:51a
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i
C rysta ICoastE ng i nee ri ng
3817-3 Freedom Way
Hubert, N.C. 28639
Tel: (910) 325-00G6
Fax: (910) 325-OCSO
91 U-3'25-UO60 p.1
To: Cameron Weaver From: DaVid K. Newsom
Fax: 910-350-2004 Pages: 5
Phone: 910-796-7215 Date: 9127/2005
Re: Live Oaks at Topsail CC:
❑ Urgent 0 For Revlew ❑ Please Comment ❑ Please Reply 0 Please Recycle
�GF WA Michael F. Easley, Governor
O G William G. Ross, Jr., Secretary
c North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 6, 2005
Ms. Kimberly C. McCallum
PO Box 2671
Surf City, NC 28445
Subject: Request for Stormwater Management Permit Application
Live Oaks at Topsail
Stormwater Project No. SW8 050841
Pender County
Dear Ms. McCallum:
On August 3, 2005, the Wilmington Regional Office received a copy of a Letter of Receipt for
an Erosion Control Plan Express Review for the subject project. The North Carolina
Administrative Code requires any project that must receive either Sedimentation and Erosion
Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality. Any construction on the subject site,
prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may
result in appropriate enforcement action by this Office.
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the
status of this project and the expected submittal date must be received in this Office no later
than October 6. 2005. Failure to respond to this request may result in the initiation of
enforcement action, and construction may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan
approval letter must NOT be considered the Coastal Stormwater Management Permit, which
will be signed by -the Water Quality Supervisor. Please reference the Project Number above
on all correspondence. If you have any questions, please call me at (910)-796-7215.
Sincerely,
Linda Lewis
Environmental Engineer
ENB/arl: S:IWQSISTORMWATISTORMSUB050841.sep05
cc: Ren Holt, Pender County Building Inspections
Wilmington:Regional--Office)
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215
Wilmington Regional Office Wilmington, NO 28405-3845 FAX (910) 350-2004 Internet: www.enr.state.nc.us One
NortllCarolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper lVatirra!!il
NCDENR
North Carolina Department of Environment and
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Land Quality Section
RECEIVED
AUb 0 6 /UU5
Natural Resour
r
ou
Michael F. Easley, Governor
William G. Ross Jr., Secretary
8/3/2005
LETTER OF RECEIPT FOR AN EROSION CONTROL PLAN EXPRESS REVIEW
Ms. Kimberly C. Mc Callum,
PO Box 2671
Surf City, NC 28445
RE: Project Name: Live Oaks at Topsail, Express Review
Project 0: Pende-2006-039
County: New Ha gave , Surf City, NC Hwy 50
River Basin: Cape Fear
Submitted By: Cyrstal Coast Engineering
Date Received by LOS: August 3, 2005
Plan Type: NEW
Dear Ms, Mc Callum:
9
This office has received a soil erosion and sediment control plan for the project listed above which was
submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4)). The Act
requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion
control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)).
The review period for an express review is three days of receipt of a complete plan. if additional
information is requested, it must be submitted within five working days of receipt.
Commencement or continuation of a Land -disturbing activity under the jurisdiction of this Act prior to
the approval of an erosion and sediment control plan is a violation of the Act.
We have performed a preliminary review of your submitted plan and have determined that additional
information will be necessary before a final review can be completed. Enclosed is a checklist of items that
must be submitted before we can complete the review process. Failure to provide the additional information
may result in disapproval of your plan.
The approval of an erosion and sediment control plan is conditioned on the applicant's compliance
with Federal and State water quality laws, regulations and rules.
If you have questions please do not hesitate to contact this office. Your cooperation in this matter is
appreciated and we look forward to working with you on this project.
Sincerely,
Carol N. Miller
Assistant Regional Engineer
cc: David K. Newsome, P.E., Crystal Coast Engineering/ Charles Riggs, RLS
LQS-WiRO', SWS-WiRO____-_
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-395-3900 / FAX 910-350-2004
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
LAND QUALITY SECTION
EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST
PROJECT NAME; Live Oaks at Topsail DATE: 8/312005 —
PROJECT NO.: Pende-2006-039 T COUNTY: New Hanover
To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and
has shown the need for additional information as specified below. To meet our review schedule, any additional information should be
received by this office no later than 8110/05 . Failure to meet this schedule may result in disapproval of your
plan, The following items shall be incorporated with respect to specific site conditions, in an erosion and sediment control plan:
LOCATION INFORMATION
Project location (roads, streets, landmarks)
North arrow and scale
GENERAL SITE FEATURES (Plan elements)
Legend: North arrow, scale, etc.
Property lines
Existing contours (topographic lines)
Proposed contours
Limits of disturbed area (provide acreage total, delineate limits,
and label)
Planned and existing building locations and elevations
Planned & existing road locations & elevations
Lot and/or building numbers
Geologic features: rock outcrops, seeps, springs, wetland and
their limits, streams, lakes, ponds, dams, etc.
Easements and drainageways
Profiles of streets, utilities, ditchlines, etc.
Stockpiled topsoil or subsoil locations
II the same person conducts the land -disturbing activity & any related borrow
or waste activity, the related borrow or waste activity shall constitute part of
the land -disturbing activity unless the borrow or waste activity is regulated
under the Nlining Act of 1971, of is a landfill regulated by the Division of
Waste Idanagemenl. If the land -disturbing activity and any related borrow or
waste activity are not conducted by the same person, they shall be
considered separate land disturbing activities and must be permitted either
thru the Sedimentation Pollution Control Act as a one -use borrow site or
through the Wring Act,
Required Any Corps 404 permit and Water Quality 401 certification (e-g.
stream disturbances over 150 linear feet)
EROSION CONTROL MEASURES (on plan)
Legend
Location of temporary measures
Location of permanent measures
Construction drawings and details for
temporary and permanent measures
Maintenance requirements of measures
Contact person responsible for maintenance
SITE DRAINAGE FEATURES
Existing and planned drainage patterns (include off -site areas
that drain through project)
Method of determination of and calculations for Acreage of land
being disturbed
Size and location of culverts and sewers
Soil information: type, special characteristics
Soil information below culvert storm outlets
Name and classification of receiving water course
(only where stormwaler discharges are to occur)
Comments:
STORMWATER CALCULATIONS
Pre -construction runoff calculations for each outlet from the site
(at peak discharge points)
Design calculations for peak discharges of runoff (including the
construction phase & the final runoff coefficients of the site)
Design caics of culverts and storm sewers
Discharge and velocity calculations for open channel and ditch
Stows (easement & right-of-ways)
Design caics of cross sections and method of stabilization of
existing and planned channels (include temporary linings)
Design talcs and construction details of energy dissipators
below culvert and storm sewer outlets (diameters & apron
dimensions)
Design talcs and dimension of sediment basins
Surface area and settling efficiency information for proposed
sediment traps and/or basins
VEGETATIVE STABILIZATION
Area & acreage to be vegetatively stabilized
Method of soil preparation
Seed type & rates (temporary & permanent)
Fertilizer type and rates
Mulch type and rates
NOTE: Plan should include provisions for groundcover on
exposed slopes within 15 working days or 30 calendar
days (whichever is shorter), following completion of any
phase of grading; permanent groundcover for all
disturbed areas within 15 working days or 90 calendar
days (whichever is shorter) following completion of construction or
development.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
Completed, signed & notarized FR/O Form
Accurate application fee ($50 00 per acre rounded up the
next acre with no ceiling amount)
Certificate of assumed name, it the owner is a partnership
Name of Registered Agent (if applicable)
_X_ Copy of the most current Deed for the site
NOTE: For the Express Permitting Option, inquire at the local
RegionalOffice for availability.
NARRATIVE AND CONSTRUCTION SEQUENCE
Narrative describing the nature and purpose of the
construction activity
Construction sequence related to erosion and sediment
control(including installation of critical measures prior to
the initiation of the land -disturbing activity & removal of
measures after areas they serve are permanently stabilized)
Bid specifications related only to erosion control
Continuation of Erosion and Sedimentation Control Plan Preliminary Review Checklist:
Project Name: Live Oaks at Topsail
Project # Pende-2006- 039
1. Please provide a copy of the most current deed.
2. As per our preliminary meeting on 813105, please relocate the limits of disturbance outside of jurisdictional
wetlands. Provide a minimum 5' buffer between the limits of disturbance and wetlands in addition to the
silt fence which is to be located at the outer edge of the 5' buffer.
3. The infiltration basin should not be used for sediment storage, please revise the narrative to reflect this.
Wilmington regional Office
127 Cardinal Drive Extension, Wilmington, NC 28405 Phone: 910-395-3900 Fax: 910-350-2004