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HomeMy WebLinkAboutSW8970834_Current Permit_20090708IFA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 8, 2009 Mr. Patrick Jason Joyce, Board Chairman Pirates Cove Homeowner's Association, Inc. 632 West Corrbett Ave Swansboro, NC 28584 Subject: Stormwater Permit No. SW8 970834 Renewal Pirates Cove Townhomes High Density Subdivision Project Onslow County Dear Mr. Joyce: Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Renewal Application for Pirates Cove Townhomes on July 2, 2009. Staff review of the plans and specifications has determined that the project complies with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000 effective September 1, 1995. Therefore permit SW8 970834 has been renewed on July 8, 2009 and shall be effective until January 26, 2018. 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. This site was inspected on May 14, 2009. All deficiencies noted in the inspection report have been addressed and the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans previously approved on January 26, 1998 remain in full force and effect. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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 Angela Hammers, or me at (910) 796-7215. Sinc rely, Georgette 4kc,ott Stormwater Supervisor Division of Water Quality GDS/akh: S:IWQSISTORMWATERIPERMIT1970834ren.ju109 cc: John McLean, PE, (John P. McLean Engineering Associates) Wayne Bartell, Swansboro Property Management Onslow County Planning Department; Angela Hammers; v'/iRO; Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org Naturally Equal Opportunity 1 Affirmative Action Employer �atur State Stormwater Management Systems Permit No. SW8 970834Ren STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Patrick Jason Joyce & Pirates Cove Homeowners Association, Inc. Pirates Cove Townhomes Pirates Cove Drive, Swansboro, Onslow County FOR THE operation and maintenance of one weft detention pond in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (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 January 26, 2018 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 Section 1.7 of this permit. The subdivision is permitted for 104 units consisting of twelve 6-unit townhomes and four 8-unit townhomes. The 6-unit townhomes are limited to 4,397 square feet of built -upon area each and the 8-unit townhomes are limited to 5,897 square feet of built -upon area each. 3. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 251,949 square feet of built -upon area. The wet pond has been designed to treat the runoff from 251,949 square feet of Built -Upon Area. 2 State Stormwater Management Systems Permit No. SW8 970834Ren 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces, ft2: Lots, ft2: Roads/Parking, ft2: Other, ft2: Offsite, ft2: c. Average Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP ft2: h. Permitted Storage Volume, ft�: i. Temporary Storage Elevation, FMSL: j. Controlling Orifice, inches: k. Maximum Fountain Horsepower: I. Receiving Stream / River Basin: m. Stream Index Number: n. Classification of Water Body: 10.89 474,501 0 251,949 76,352 141,889 33,708 0 5 90% 1" 30 21,185 21,185 31.75 2.5"0 pipe N/A Cartwheel Branch / White Oak 20-26-1 "SA" II. SCHEDULE OF COMPLIANCE 1. 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 does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, 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. 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. 5. 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. State Stormwater Management Systems Permit No. SW8 970834Ren 6. 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 development, subdivision, acquisition, or sale of any, 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. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. 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. 11. 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. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. 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 re -vegetation 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. 4 State Stormwater Management Systems Permit No. SW8 970834Ren 14. 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. 15. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. 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 970834, as issued by the Division of Water Quality 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area for the 6 unit townhomes are limited to 4,397 square feet of built -upon area each and the 8 unit townhomes are limited to 5,897 square feet of built -upon area. This allotted amount includes 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. 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. h. Built -upon area in excess of the permitted amount will require a permit modification. 17. 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. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ 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. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed "Name/Ownership Change Form" must be submitted to the Division of Water 5 State Stormwater Management Systems Permit No. SW8 970834Ren Quality, signed by the parties involved, along with the appropriate documentation as listed on page 2 of the form. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. 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 nor the transfer of common area to a third party constitutes legal transfer of the stormwater permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. 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. 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 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. The Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. 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. 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. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 8th day of July 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission 6 DWQ USE ONLY Date Received Fee Paid Permit Number 7 07- D y 6Y.04 "aw /,2 0 %' 9% 0 J State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This form may be photocopied for use as an original L GENERAL INFORMATION 1. Stormwater Management Permit Number: SW c3 ' 7o ?3`( 2. Permit Holder's n (specifyAtMeOCUA...04-S ame of the corporation, individual, etc.): I�f2��5 009 ,8575'01C. lNco 3. Print Owner/Signing Official's name and title (person legally responsible for permP 4. Mailing Address for person listed in item 2 above: City: 52�ylgvvs- State: AJ.0 o Zip: -'� F-/TF' Phone: (��y ) :32 fJ O Fax: ( 9 ) 3 �C� — /T 16 Email: \ 5. Project Name: �f &) cc U e- % / �►'��� �-,J 6. Location of Project (street address): City: County: c!:�e, /L✓ - -,c Zip: .2 8-J cF 7. Directions to projectt om nearest major intersection): 2V IA-1 s aey � �•S U. PERMIT INFORMATION: 1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention )<Wet Detention Basin ❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other: 2. List any changes from project that was originally approved (attach additional pages if needed): ,r 0.► 3. Do you have a copy of the original Operation and Maintenance Agreement? (c ne) �QQ Form SWU-102 (Renewal Form) Version 02.16.09 Page 1 of 3 ',XYes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.) ❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the Division of Water Quality Dome Page under the BBMP Manual link: http://h2o.enr.state.nc.us/sulbmp_forms.htm) -'1T T c 'C III. SUBMITTAL REQUIREMENTS Only complete application pack -ages will be accepted and reviewed by the Division of Water Quality (fiDWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at biip:Hh2o.enr.state.nc.us/sa/msi maps.html 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. initials • Original & 1 copy of the Stormwater Management Permit Renewal Application Form `' P--) 3 • Application fee of $505.00 (made payable to NCDENR) *: P3 a • Operation & Maintenance Verification or a new O&M Agreement r --`it. F,' i NG e ;v k PT • SWU-101 Application Form (f requesting a modification to the permit) • Transfer of Ownership/Name Change Form (f requesting transfer of ownership)` #' 1 VI. APPLICANT'S CERTIFICATION I, (print or t)pe name ofperson listed in General Information, item 3) _v c certify that tinrmation.included onthis permit renewal application issa the best of m wle ge,fcorrect and complete. •`i Signatue:�jl/=.Z.G.: ; .;L"xr-- Date:f'C�C�� Form SW-102 (Renewal Form) Version 02.16.09 Page 2 of 3 Operations and Maintenance Verification I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Fafin"aL nI/� Print naive: "� 45- 'r'''` C ' �: �' C-- 'r Title: " Address: 6 3 ?— A-Ue / l"L—:-, e O, Y Phone: '% IO - 32-6 --7'c Signature: )r Date: (0 8CJ/ 2-0 0-�� Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. O a Notary Public for the State ofA0kW ee%I0h A)9 ;ove,< County of do hereby certify that Jo V. personally appc<ed before me this day of ) 34 , o700 , and acknowledge the due execution o the fo ing stormwater BMP maintenance requirements. Witness my hand and official seal, ; Notary Si tore- My commission expires: 7 Form SNNU-102 (Renewal Fonn) Version 02.16.09 Page 3 of 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWAT ER PERMIT NAME/OWNERSHIP CHANCE FORM I. CURRENT PERMIT INFORMATION: 1 Stormwater Management Permit Number:, 2. Permit Holder's Name 3. Signing official's Name: 9 %&tide_ ri f✓`f. Title: �._.►, o for permit) Mailing Address: ( / /fAz C.2 CJ!� City: a.)c�-` G'°c' Ca State: Phone: e�5 Al legally .�. Zip: ' 5T Fax: ( ) 1V1,4 II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) u= 2. `^ 3. a b. Name change of project (Please complete Item #5 below) c. Mailing address change. (Please complete Item #4 below) d. Other (please explain): New owner's name to be put on permit fSSr bvc New owner's signing official's name and title: 1 �iiric , Title: L-)VQ 4 -,4Ah/ ,w New Mailing Address: 6 31 ?vFST City: SV4'AVSeop-c State: �;IL_ Zip: Phone: ��- 32L — 22�C�- 32L - 2?�C� Fax: (i�S2g - 5. New Project Name to be placed on permit: Ownership/Name Change-022309 Page 1 of 3 PERMIT DAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVESION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. ! understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. _ -ij ...v i j rv' �i `lee u;ee Signature: Date: New Applicant's Certification: (Must be completed for all transfers of ownership) Piz I,�attest that this application for an ownership change has been reviewed "and s accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete— =k` Signature: : 6 /3r162 Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-022309 Page 2 of 3 STORMWATER POND MAINTENTANCE REQUIREMENTS Project Name: P I RATES COVETOWW(npSeS CAIEF D RA-fl�G Permittee: Address:(001 VELETIF=E,?- LWE POAD 5 UJA k)5$626_ Q C Z 8 SS ¢ 6FFICEP, p E C E 1 y E OCT os 1997 D PhoneNo. g Ig- 393- 805$ I. Monthly, or after every runoff producing rainfall event, whichever comes first: A, Inspect the trash rack; remove accumulated debris, repair; replace if it is not functioning. B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DWQ personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/cleaning will be done as necessary. II. Quarterly (Four times a year): A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting. Riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. III. Semi-annually (twice a year): A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75 % of the original forebay design depth of ' . C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. ,POND MAINTENANCE REQUIREMENTS PAGE 2 IV. -Annually (Once a year): A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced to 75 % of the original design depth or Y, whichever. is greater. Design depth is ° _ , measured vertically from the orifice down to the pond's bottom. Sediment must be removed to at least the original design depth. V. General: A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6" . B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of the growing season, in November. Environmentally sensitive chemicals for use in killing cattails can also be used. Contact your nearest Agricultural Extension Agent. I C. The orifice/pump is designed to draw down the pond in 2-5 days. If dray: down is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributed to a clogged system. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements: I, J PM 9-5 A . UAVIS , hereby acknowledge that I am the financially (please print or type name clearly) responsible party for maintenance of this detention pond. I will be responsible for the performance of the maintenance -as outlined above, as part of the Stormwater Management Permit received for this project. Signature�� �cuv 1_ ' eM,�. Date: , 1e — ? —ems ? Revised 2/25/97 "6 c OAS John P. McLean Engineering Associates May 29, 2002 Ms. Noelle Lutheran DENR - Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 Re: Pirates Cove Townhomes : To: Whom It May Concern 106 Manatee street Cape Carteret N.C. 28584 TEL 252-393-2219 FAX 252-393-2463 E-mail clean"tcp2.aom Project No. 5W8 970834 I, John P. McLean as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, Pirates Cove Townhomes, for James Davis, Jr., Chief Operation Officer of Pirates Cove LLC„ 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. Noted deviations from approved plans and specifications: none General Note: The project immediately downstream may adversely affect the drawndown and permanent pond level of this project. It appears the downstream storage pond was built with little/no regard to Pirates Cove Townhomes drainage. ion)Number: 56 31 Date: /Uft 2 F ZOOZ Fi Ie:P imtesCert5.29.02