SW1170501_Final Permit_20170523

State Stormwater Permit
Permit No.SW 1170501
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
STATE STORMWATER MANAGEMENT PERMIT
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
BME Holdings
FOR THE
construction, operation and maintenance of a low density development, Acony Bell, Mills
River, Henderson County in compliance with the provisions of 15A NCAC 2H .1017 (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 State and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be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
The overall tract built -upon area percentage for the project must be maintained
below 24% or 2 dwelling units per acre, as required by 15A NCAC 2H .1017 of
the stormwater rules.
2. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
3. All roof drains must terminate at least 30 foot from the mean high water mark.
4. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent streams.
5. Projects shall be designed to maximize dispersed flow through vegetated areas
and minimize channelization of flow.
6. Stormwater that cannot be released as dispersed flow shall be transported by
vegetated conveyances. A minimal amount of non -vegetated conveyances for
erosion protection or piping for driveways or culverts under a road shall be
allowed by the permitting authority when it cannot be avoided.
7. The conveyance shall be designed so that it does not erode during the peak flow
from the 10-year storm as demonstrated by engineering calculations.
8. Grassed swales or vegetated areas shall be designed such that the swale or
vegetated area can carry the peak flow from the 10-year storm at a non -erosive
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State Stormwater Permit
Permit No.SW 1170501
velocity. The longitudinal slope of the swale or vegetated area shall not exceed
five percent, except where not practical due to physical constraints. In these
cases, devices to slow the rate of runoff and encourage infiltration to reduce
pollutant delivery shall be provided. The swale's cross-section shall be
trapezoidal with a minimum bottom width of two feet. The side slopes of the
swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical).
9. The minimum length of the swale or vegetated area shall be 100 feet.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
2. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
3. This project may not be sold or subdivided in whole or in part without first
receiving a permit modification.
4. The following deed restrictions must be recorded with the Office of the Register
of Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW 1170501.
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.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the State.
f. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification prior to
construction. An engineered system will be required to collect and treat
the runoff from all built -upon area associated with the project, including
that area permitted under the low -density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings,
is strictly prohibited by any persons.
j. The built -upon areas shall be located a minimum of 30 feet landward of all
perennial and intermittent surface waters.
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State Stormwater Permit
Permit No.SW 1170501
5. A copy of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the permitted development, except for average driveway
crossings, is strictly prohibited by any persons.
7. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area in whole or in
part. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
9. At all times the permittee shall 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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
10. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
11. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
re -issuance of the permit to change the name and incorporate such other
requirements as may be necessary. In the event of a name or ownership
change, a completed Name/Ownership Change form, signed by both parties,
must be submitted to the State accompanied by the supporting documentation.
The approval of this request will be considered on its merits.
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State Stormwater Permit
Permit No.SW1170501
2. The permittee is responsible for compliance with all permit conditions until the
Director approves a transfer of ownership. Neither the sale of the project nor the
transfer of common areas to a third party, such as a homeowner's association,
constitutes an approved transfer of the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action in accordance with North
Carolina General Statutes 143-215.6A to 143-215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Session Law 2006-
246, Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000;
and North Carolina General Statute 143-215.1 et. al.
5. In the event the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by the State, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants permission to DEQ Staff to enter the property during
normal business hours, to inspect all components of the stormwater
management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance, or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with
all statutes, rules, regulations, or ordinances, which may be imposed by other
government agencies (local, state and federal), which have jurisdiction.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
Permit issued this the 23rd day of May, 2017.
Or4GnS t. ne& by M%chea b F. 2a4lLd�
for Tracy E. Davis, P.E., CPM
Director Division of Energy, Mineral, and Land Resources
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