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HomeMy WebLinkAboutSW8020510_Final Permit_20210216February 16, 2021 WDV, Inc. Attn: Robert Exum, President PO Box 1967 Wilmington, NC 28402 Subject: Revised Permit Stormwater Permit No. SW8 020510 Waterford Brunswick County Dear Mr. Exum: The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on. The Division is hereby notifying you that permit SW8 020510 has been renewed on February 16, 2021, and shall be effective until February 15, 2029. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved on November 25, 2002 and most recently modified on January 5, 2021, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is issued in the original permittee's name and will be transferred in a separate action after this issuance. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the fling fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Daniel Sams in the Wilmington Regional Office, at (910) 796-7215 or dan.sams@ncdenr.gov. Sincerely, Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Renewal Application Documents Attachment A — Designer's Certification Form Attachment B — Built -Upon Area Allocation Attachment C — Permitting History DES/dan: \\\Stormwater\Permits & Projects\2002\020510 HD\2021 02 permit 020510 cc: Gavin Milligan, Cape Fear Engineering Brunswick County Engineering Wilmington Regional Office Stormwater File State Stormwater Management Systems Permit No. SW8 020510 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 WDV, Inc. Waterford Leland, Brunswick County FOR THE construction, operation and maintenance of a non -discharging series of wet detention ponds 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 and considered a part of this permit. This permit shall be effective from the date of issuance until February 15, 2029 and shall be subject to the following specified conditions and limitations: I. 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 Attachment A. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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. Page] of 8 State Stormwater Management Systems Permit No. SW8 020510 5. The following design elements have been permitted for this non -discharging series of wet detention ponds stormwater facility, and must be provided in the system at all times. E:1 b c d e f. a m n. o. P. Drainage Area, acres: Onsite, ft2: Offsite, ft2: Total Impervious Surfaces, ft2: Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL: Pond 1, FMSL: Pond 2-5, FMSL: Pond 3, FMSL: Pond 4, FMSL: Pond 5, FMSL: Pond 8, FMSL: Pond 9, FMSL: Pond 10, FMSL: Pond 11, FMSL: Pond 12, FMSL: Pond 13, FMSL: Pond 14, FMSL: Permitted Surface Area @PP, ft2: Permitted Storage Volume, ft3: Storage Elevation, FMSL: Pond 1, FMSL: Pond 2-5, FMSL: Pond 3, FMSL: Pond 4, FMSL: Pond 5, FMSL: Pond 8, FMSL: Pond 9, FMSL: Pond 10, FMSL: Pond 11, FMSL: Pond 12, FMSL: Pond 13, FMSL: Pond 14, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Forebay Volume, ft3. Maximum Fountain Horsepower: Receiving Stream / River Basin: Stream Index Number: Classification of Water Body: 580.1 25,269,353 None 9,874,355 (see Attachment B) 3.0 minimum 90% 4", non -discharging pond 21.0 20.0 21.5 23.0 20.0 19.0 21.0 22.0 22.0 22.0 22.0 20.0 3,123.260 3,636,768 23.0 22.0 23.5 23.0 22.0 20.0 22.0 23.0 23.0 23.0 23.0 22.0 n/a, non -discharging pond n/a n/a n/a Jackeys Creek/Cape Fear 18-77-3 "CI Sw" Page 2 of 8 State Stormwater Management Systems Permit No. SW8 020510 II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (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. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 5. 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. 6. 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. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 020510 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to be submitted, 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. 9. 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. 10. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020510 Modification, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. Impervious Area required to be recorded is as summarized in Attachment B. These allotted amounts include 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j. If the ownership of any commercial lot is not retained by the permittee, the owner of each of the lots must submit a separate Offsite Stormwater Management Permit application package to the Division of Energy, Mineral and Land Resources and receive a permit prior to any construction on the lot. 12. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 13. Decorative spray fountains will not be allowed in the stormwater treatment system. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 020510 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 16. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 17. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 2. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval Nthe Director. The permittee shall submit a completed and signed "Permit Transfeoplication Form" (available on the Division website) accompanied -By the required tee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14- 05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; Page 5 of 8 State Stormwater Management Systems Permit No. SW8 020510 3. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 4. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 5. 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. 6. 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. 7. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 8. Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 10. 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. 11. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate appplication, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit modified, updated and reissued this the 16th day of February 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J7,-,,Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 020510 Page 6 of 8 State Stormwater Management Systems Permit No. SW8 020510 Attachment A Waterford Page 1 of 2 Stormwater Permit No. SW8 020510 Brunswick 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 are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8 020510 Certification Requirements: Page 2 of 2 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 outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. 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. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Regional Office Town of Leland Building Inspections Brunswick County Engineering Page 8 of 8