NCS000478_Low Density Dev Permit_20190812

LOCAL WATER SUPPLY WATERSHED MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article XVI of the Town of Laurel Park Zoning
Ordinance, General Statutes of North Carolina as amended, and other applicable Laws,
Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
WXZ/SG ACQUISITION LLC
Project: ARCADIA VIEWS PHASE 1
Address: 2710 BREVARD RD (HWY 64 WEST)
PIN:9559-21-7758
FOR THE
construction, operation and maintenance of a low density project in compliance with the
provisions set forth in Town of Laurel Park Zoning Ordinance, Article XVI as amended
as well as Title 15A NCAC 2H.0624 (hereafter referred to as the "water supply
watershed rules') and the approved water supply watershed management plans and
specifications and other supporting data as attached and on file with and approved by
the Henderson County Project Management Department, Stormwater Phase II Post -
Construction Run-off Program and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded, and shall be
subject to the following specified conditions and limitations:
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This permit covers the construction of 231,304 square feet of permanent built -
upon area on this 90.60-acre tract of land.
The overall tract built -upon area percentage for the project must be maintained at
or below 24%, as required by WS-IV and Section 2H.0624 of the Water Supply
Watershed rules.
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit and shall be
kept on file by the permittee at all times.
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 Water
Supply Watershed rules and approved by this division.
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Local Water Supply Watershed Permit
Permit No. WS 20181207
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. The built -upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
7. All temporary built -upon area that is not shown on the approved water supply
watershed management plan as a permanent built -upon area, and that is shown
on the approved sedimentation erosion control plan, shall be removed and the
area restored to a vegetated state when that area is no longer needed, or prior to
final inspection per the requirements of the approved sedimentation erosion
control plan, or within 30 days of project completion, whichever occurs first.
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
2. The Water Quality Administrator may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of this permit. Within
the time frame specified in the notice, the permittee shall submit a written time
schedule to the Water Quality Administrator for modifying the site to meet the
minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Water Quality Administrator that the changes have
been made.
3. This project may not be sold or subdivided in whole or in part, the receiving a
permit modification from the department.
✓ 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 for Henderson County:
a. The following covenants are intended to ensure ongoing compliance with
Local Water Supply Watershed Management Permit Number WS 20181207,
as issued by the Henderson County Project Management Department Water
Quality Division Stormwater Phase II Post Construction Run -Off Program.
b. Henderson County is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Water Supply Watershed
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 Water Supply Watershed management may not
be altered or rescinded without the express written consent of the Henderson
County Project Management Department Division of Water Quality
Stormwater Phase II Post Construction Run-off program.
e. Alteration of the drainage as shown on the plans may not take place without
the concurrence of the division of Water Quality Post Construction Run -Off
Program.
f. This project is permitted for a maximum of 231,304 square feet of built upon
area. Construction of additional built upon area in excess of this amount will
require a permit modification.
g. This project may not be sold or subdivided in whole or in part without first
receiving a permit modification from the division of water quality post
construction run-off program.
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Local Water Supply Watershed Permit
Permit No. WS 20181207
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 areas 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 area shall be located a minimum of 30 feet landward of all
perennial and intermittent surface waters.
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
crossing is strictly prohibited by any persons.
v / The permittee shall submit to the Water Quality Administrator 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. Swales and other vegetative conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
10. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted Water Supply Watershed 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.
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Local Water Supply Watershed Permit
Permit No. WS 20181207
J11. 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.
12. The permittee shall submit all information request by the Water Quality
Administrator 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 Water Quality Administrator. The Water Quality Administrator
may require a permit modification or revocation and re -issuance of permit to
change the name and incorporate other such requirements as may be
necessary. 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 Henderson County Project Management Department, Division of
Water Quality Stormwater Phase II Post -Construction program, 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.
The permittee is responsible for compliance with all permit conditions until such
time as the Water Quality Administrator approves a request to transfer the
permit. 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 a
Water Supply Watershed permit.
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
Stormwater Post Construction Phase II Run-off Program, in accordance with
Town of Laurel Park Zoning Ordinance Article XII Administration and
Enforcement, Article XVI - Section 1614 - Violations, and Appeals and 15A
NCAC 02B.0623.
4. The issuance of this permit does prohibit the Water Quality Administrator 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
Town of Laurel Park Zoning Ordinance Article XII Administration and
Enforcement.
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 division of Water Quality Stormwater
Phase II Post Construction Run off program, such as the construction of
additional or replacement water supply watershed management systems.
The Permittee grants Henderson County Project Management Department
Division of Water Quality Phase II Post Construction run off program staff
permission to enter the property during normal business hours for the purpose of
inspecting all components of the permitted water supply watershed management
facility.
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.
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Local Water Supply Watershed Permit
Permit No. WS 20181207
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.
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) having 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 10th day of May 2019.
Natalie Berry, P.E.
Stormwater Phase II Post Construction Run off Plan Reviewer
Water Quality Administrator
Project: Arcadia Views Phase 1
Water Supply Watershed Permit No.: WS 20181207
Jurisdiction: Town of Laurel Park
CC: SESC FILE
Jeff Foster PE, Mercer Design Group
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