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HomeMy WebLinkAboutSW6100701_Cover Letter & Permit_20110511LPIWA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Jackie Hairr HCC Investments, LLC 3077 N. Main Street Hope Mills, NC 28348 Division of Water Quality Colleen H. Sullins Director May 11, 2011 Subject: Stormwater Permit No. SW6100701 Traemoor Connection High Density Development Wet Pond Cumberland County Dear Mr. Hairy. JUL 27 2�11 UNNO Project Dee Freeman Secretary DENR-FRO JUN 16 2011 DWQ The Stormwater Permitting Unit received a complete Stormwater Management Permit Application requesting a modification to the permit for Traemoor Connection on May 11, 2011. 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 and Session Law 2006-246. We are forwarding Permit No. SW6100701, dated May 11, 2011, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until October 11, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater management system 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 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. This project will be kept on file at the Fayetteville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Brian Lowther at (919) 807-6368; or brian.lowther@ncdenr.gov. Sincerely, for Coleen H. Sullins cc: Mr. Joe E. Godwin, Sr., PE — Enoch Engineers, PA Fayetteville Regional Office SW6100701 File Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919.807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity lA(flrmativektion Employer NorthCarolina Naturally State Stormwater Permit Permit No. SW6100701 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 HCC Investments, LLC Traemoor Connection Lakewood Dr. & Rockfish Rd., Hope Mills, Cumberland County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of Session Law 2006-246 and 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 11, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 of this permit. The subdivision is permitted for 14 outparcels, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. _ 3. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. Each outparcel within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the outparcel. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Page 1 of 8 State Stormwater Permit Permit No. SW6100701 a. Pond #1 as per the approved plans and attached approved Wet Detention Basin Supplement Form dated May 5, 2010; and sealed October 11, 2010. b. Receiving Stream 1 River Basin: Little Rockfish Creek 1 Cape Fear c. Stream Index Number: 18-31-24-(4) d. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE No outparcel 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 outparcel does not exceed the maximum allowed by this permit. Once the outparcel 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 set up by the permittee 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. 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 subdivision, acquisition, 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. 7. The permittee shall submit for approval, final site layout and grading plans for any permitted future development areas shown on the approved plans, prior to construction. 8. All stormwater collection and treatment, systems must be located in either dedicated common areas or recorded easements. The final plats for the project Page 2 of 8 State Stormwater Permit Permit No. SW6100701 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. 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. 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. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 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 outparcel, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW6100701, as issued by the Division of Water Quality under the stormwater rules. 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. Page 3 of 8 State Stormwater Permit Permit No. SW6100701 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 per outparcel is as follows. This allotted amount includes any built -upon area constructed within the outparcel property boundaries, and that portion of the right-of-way between the front outparcel 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. Outparcel BUA s Outparcel BUA s A 41,560 B 33,063 C 33,625 D 45,918 E 44,450 F 41,717 G 41,628 H 41,382 1 38,314 Duplex Area 150,042 HCC Site 477,875 Harris Teeter 372,214 CVS Site 58,447 CVS OP . 19,625 g. All runoff on the outparcel must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the outparcel to drain toward the street, or grading perimeter swales and directing them into the pond or street. Outparcels 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. i. Each outparcel within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the outparcel. j. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. 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 outparcels. 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. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1 HP. Page 4 of 8 State Stormwater Permit Permit No. SW6100701 20. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual outparcel owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. 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 completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permiftee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. 3. 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. 4. 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. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permiftee 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. 6. 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. 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 stormwater control 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 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 NCAC 2H.1000, and NCGS 143-215.1 et.al. 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. Page 5 of 8 State Stormwater Permit Permit No. SW6100701 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 11th day of May, 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Permit Permit No. SW6100701 Traemoor Connection Page 1 of 2 Stormwater Permit No. SW6100701 Cumberland County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull 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 a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Permit Permit No. SW6100701 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 outlet. .15. The required dimensions of the system are provided, per the approved plan. Please submit this Designer's Certification to: DWQ Fayetteville Regional Office Surface Water Protection 225 Green Street Systel Bldg. Suite 714 Fayetteville, NC 28301-5043 Page 8of8