HomeMy WebLinkAboutSW8071004_Current Permit_20071016 OFWATF
`O� 9QG Michael F.Easley,Governor
. William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
D - Coleen H.Sullins Director
Division of Water Quality
October 16, 2007
Mr. M. Kent Mitchell, President and Managing Member
Bald Head Island Limited, LLC
P.O. Box 3069
Bald Head Island, NC 28461
Subject: Permit No. SW8 071004
Deep Point Marina Basin
Low Density Stormwater Project
Brunswick County
Dear Mr. Mitchell:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Deep Point Marina Basin on October 4, 2007. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 071004
dated October 16, 2007, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
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 sixty (60) 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 Genera! 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 either Paul Bartlett at (919) 733-5083 X235 or me at (910) 796-7215.
Sinc y,
Edwar eck
Regional Supervisor
Surface Water Protection Section
ENB/ptb: S:IWQSISTORMWATIPERMIT1071004.oct07
cc: Bruce Marek, P.E.
Stephen O. Robertson, Bald Head Island Limited, LLC
Delaney Aycock, Brunswick County Inspections
Jeff Phillipps, Brunswick County Engineering
Paul T. Bartlett, P.E.
Division of Coastal Management
Wilmington Regional Office
One
Central Files NjorhCarolina
,Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwaterqualitv.org Fax (910)350-2004 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
State Stormwater Management Systems
Permit Number SW8 071004
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
M. Kent Mitchell and Bald Head Island Limited, LLC
Deep Point Marina Basin
Ferry Road(NC 211), Brunswick County
FOR THE
construction, operation and maintenance of a low density development 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.
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
1. This permit covers the construction of 20,039 square feet of built-upon area.
2. The overall tract built-upon area percentage for the project must be maintained at
30%, as required by Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
5. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
6. 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.
7. Roof drains must terminate at least 30 foot from the Mean High Water line.
Page 2 of 5
State Stormwater Management Systems
Permit Number SW8 071004
II. SCHEDULE OF COMPLIANCE
1. Projects covered by this permit will maintain a minimum 30-foot wide vegetative
buffer between all impervious areas and surface waters.
2. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area.
3. 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.
4. Prior to the subdivision and/or sale of this project, in whole or in part, 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 SW8 071004, 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. Lots within CAMA's Area of Environmental Concern may have the
permitted maximum built-upon area reduced due to CAMA jurisdiction
within the AEC.
g. Construction of additional built-upon area in excess of 20,039 square feet
will require a permit modification.
h. Construction of additional impervious areas such that low-density
requirements are no longer met must be submitted to DWQ and a permit
modification must be issued 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. A minimum 30' wide vegetated buffer area shall be provided between
surface waters and all impervious surfaces..
• Page 3 of 5
State Stormwater Management Systems
Permit Number SW8 071004
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. Projects within CAMA's Area of Environmental Concern (AEC) are subject to a
reduction of the permitted amount of built-upon area due to CAMA jurisdiction
within the AEC.
8. 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. 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. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.
10. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
11. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at optimum
efficiency to include:
a. Inspections
b Sediment removal.
c. Mowing, and re-vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
12. 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.
13. 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 CONDI T iONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
Page 4 of 5
State Stormwater Management Systems
Permit Number SW8 071004
3. 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.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable 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. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of
this request will be considered on its merits, and may or may not be approved.
The permittee is responsible for compliance with all permit conditions until the
Director approves the transfer.
6. The permittee grants permission to DENR Staff to enter the property for the
purpose of inspecting all components of the stormwater management facility.
7. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
8. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction.
Permit issued this the 16th day of October 2007
NORT AROLINA E R MENTAL MANAGEMENT COMMISSION
for Colleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 071004
Page 5 of 5
Deep Point Marina Basin Low Density
OFFICE USE ONLY
D e Received Fee Paid Permit Number
/0 --®4 —�,c '7 c , tea- ak z7- SLA d7/ oC.1.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual,etc.who owns the project):
Bald Head Island Limited, LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Stephen O. Robertston, Senior Vice President
3. Mailing Address for person listed in item 2 above:
P.O. Box 3069
City: Bald Head Island State: NC Zip: 28461
Telephone Number: ( 910 ) 4 5 7-7 3 5 8
4. Project Name (subdivision,facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
Deep Point Marina Basin Low Density
5. Location of Project (street address):
Ferry Road (NC 211)
City: Southport County: Brunswick
6. Directions to project(from nearest major intersection):
Follow Highway 211 through Southport following signs to Southport-Ft.
Fisher Ferry. Deep Point is on the right immediately before State ferry.
7. Latitude: 33 DEG 55 . 87 N Longitude: 77 DEG 59.772W of project
8. Contact person who can answer questions about the project:
Name: Bruce Marek, P.E. Telephone Number: ( 910 ) 22 8-24 84
II. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4
Deep Point Marina Basin Low Density
2. If this application is being submitted as the result of a renewal or modification to an existing permit:list the
existing permit number and its issue date(if known)
3. Specify the type of project(check one):
X
Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements(check applicable blanks):
iCAMA Major Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
This is a low density project in an area with high infiltration rate soil/sand(a20"/hr). Site is basically fiat. Marina
wall elevation is approx.5.64 FMSL(NAVD 88). At less than 30%site impervious, no runoff is anticipated based
on regulated storm event.Within 30'of marina wall,impervious surface are those necessary for marina operations.
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Project Area: 1'S6 acres 4. Project Built Upon Area: 23.5 96
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Stream Name Southport Restricted Area:18-88-3.5
Receiving Stream Class Sc -
Drainage Area 67,928 sf 1.56 ac
Existing Impervious*Area 0 ac
Proposed Impervious*Area 20,039 sf 0.46 ac
%Impervious Area(total) 29.5%
Impervious*Surface Area Drainage Area 1 Drainage Area 2
On-site Buildings 3123 sf
On-site Streets 7100 sf
On-site Parking 7500 sf
On-site Sidewalks Q sf
Other on-site 2316 sf
Off-site -
Total: 20,039 sf 0.46 ac Total:
*Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4
Deep Point Marina Basin Low Density
7. How was the off-site impervious area listed above derived? None, per Engineer
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a table
listing each lot number,size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
``��� 3113
2. No more than N 1, I 1 all-isquare feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel, concrete,brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and persons
claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
Deep Point Marina Basin Low Density
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please Indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP WO- /rI
• Permit application processing fee of$420 (payable to NCDENR) IQ/I/LL O% C!�
• Detailed narrative description of stormwater treatment/management '42l
• Two copies of plans and specifications,including: 3Gepiijs: tco4oL.Q/t,G,,v�rc.
-Development/Project name Ppm. C 44f4 frf, q,rrj v4 purl/goat's'
-Engineer and firm PL BASE SrmogdtLL Mal rig D wp-SW A/PRod/EG
-Legend
-North arrow
-Scale
-Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads,drainage features,collection systems,and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage (including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): Bruce Marek, P.E.
Mailing Address: 5489 Eastwind Road
City: Wilmington State: NC Zip: 28403
Phone: L_910 ) 2 2 8-24 84 Fax: ( 910
) 457-7463
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Stephen 0. Robert son
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of 15A
NCAC 2H.1000.
Signature: Q 437.0 . Date: /0-j p 7
Form SWU-101 Version 3.99 Page 4 of 4
Permit No.S t) 3 07(OO4—
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : Deep Point Marina Basin Low Density
Contact Person: Bruce Marek, P.E. Phone Number: ( 910) 228-2484
Number of Lots: 1 Allowable Built Upon Area Per Lot*: See attached
cAccvc.AT/a,v oN l ewi aZa
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name,phase,page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes,complete the following calculation in the space provided below where:
• SA Site Area-the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor-the appropriate percent built upon area divided by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area-the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks, etc.
• No. Lots -the total number of lots in the subdivision.
• BUA/Lot-the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2
Deep Point Marina Basin Low Density
(SAxDF) -RA-OA = BUA
No. Lots Lot
Calculation:
SA c 67 12k sr
DF ' . 30
AA = 7/00 sp
or omen z a3i& = ,P , 45-cK (Co•vcitrrr); Tot 4NcFo2iNar/c AOS,tilrgc
@ i, (i`Th x . 3c5) -- 11AI" F -- a 3/6 5F ao 3 7e -2/et,--a 3/6�0 96a5
•
I l
/3vA2.0r = /o fGa sF
d ' - -- 17500 F = .746o? SF IF AO Xx4 tAu✓rwAy galrR4k.7
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form,the agent may initial below.
Applicants Initials
/,L a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
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Form SWU-104 Rev 3.99 Page 2 of 2 Q F
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