SW4170501 Arbors at Meadowlark Permit

State Stormwater Permit
Permit No. SW4170501
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
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Meadowlark Developers, LLC
Ronald C. Davis Manager
FOR THE
construction, operation and maintenance of a low-density development, The Arbors at
Meadowlark, in Forsyth 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The Permit shall be effective from the date of issuance until rescinded and shall be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 less than 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 velocity. The
longitudinal slope of the swale or vegetated area shall not exceed five percent, except
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State Stormwater Permit
Permit No. SW4170501
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.
10. Each builder and/or property owner must have plans for individual lots approved,
knowing and understanding the BUA limit and the prohibition against excessive piping,
how to size the driveway pipe, knowing where the buffer is on that lot, knowing where the
drainage easements are and the expectation to keep existing swales open, and ensuring
roof gutters and impervious surfaces are disconnected to the maximum extent technically
feasible.
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 SW4170501.
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. SW4170501
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. 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.
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 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 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
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State Stormwater Permit
Permit No. SW4170501
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 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 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 any and
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 2611 day of May, 2017.
for Tracy E. Davis, P.E., CPM
Director Division of Energy, Mineral, and Land Resources
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