HomeMy WebLinkAboutSW6200402_Final Permit_20200702ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
Galt Land Development, LLC
Attn: Shaun Gardner, Managing Member
- -256-Briar Hill Road -
Raeford, NC 28376
NORTH CAROLINA
Emitonmentat Quatity
July 2, 2020
Subject: Stormwater Management Permit SW6200402
Liberty Meadows Subdivision
Low Density Subdivision Permit
Harnett County
Dear Mr. Gardner:
The Division of Energy, Mineral and Land Resources (DEMLR) received a complete Stormwater Management
Permit Application for Liberty Meadows Subdivision on April 13, 2020. Staff review of the plans and specifications,
along with additional information received on July 1, 2020, has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC 2H .1000. Therefore, we are forwarding
herewith Stormwater Management Permit SW6200402, dated July 2, 2020, for the construction, operation and
maintenance of the subject project and stormwater management system.
This permit shall be effective from the date of issuance and shall be subject to the conditions and limitations as
specified therein, and does not supersede 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 by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143-215(e), the petition
must be filed with OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all
questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail
Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.ncoah.com. 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 Mike Lawyer at
(910) 433-3394 or mike.lawyer@ncdenr.gov.
Sincerel ,
Y
for Brian Wrenn
Director
DEMLR
ec: Scott Brown, PE - 4D Site Solutions, Inc.
cc: FRO - DEMLR, State Stormwater Files
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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, andother applicable ° Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Galt Land Development, LLC
for
Liberty Meadows Subdivision
Johnsonville School Road near Pineview
Harnett County
FOR THE
construction, operation and maintenance of a low density subdivision 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 Energy, Mineral and Land Resources and considered a part of this permit.
The Permit shall be effective from the date.of issuance 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 at or below 24%
per the requirements of Section .1017 of the stormwater rules.
2. Each of the 90 lots is limited to a maximum of 11,082 square feet of built -upon area as indicated
in the approved plans.
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. All roof drains must terminate at least 30 feet from the mean high water mark.
7. The built -upon areas associated with this project shall be located at least 30 feet landward of all
perennial and intermittent streams.
8. All swales that discharge into a wetland shall do so at a non -erosive velocity for the 10-year
storm.
9. 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.
10. Curb cuts must be provided where ribbon curbs and/or curb and gutter is provided.
II. SCHEDULE OF COMPLIANCE
1. 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:
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
3. 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.
4. 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 any of the items shown on the approved plans, including the stormwater
management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering, or piping any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to
the permit.
6. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road and that minimum amount needed under driveways to
provide access to lots.
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. The permittee is responsible for verifying that the proposed built -upon area does not exceed the
allowable built -upon area.
10. Within 30 calendar 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. Deed restrictions are incorporated into this permit by reference and must be recorded with the
Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must
include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW6200402, as issued by the Division of
Energy, Mineral and Land Resources 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 Energy, Mineral and
Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place without
--the concurrence -of the Division of -Energy, -Mineral and Land Resources.
f. The maximum allowable built -upon area per lot is 11,082 square feet. 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, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings is strictly prohibited by any
persons.
h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
i. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
12. The permittee shall submit a copy of the recorded deed restrictions within 30 calendar days of
the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon area
(BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to
maintain compliance with the permitted BUA limit.
14. 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.
15. Stormwater conveyances will be located in dedicated right-of-ways (public or private), recorded
common areas or recorded drainage easements. The final plats for the project will be recorded
showing all such required easements in accordance with the approved plans.
III. GENERAL CONDITIONS
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 Energy, Mineral and Land Resources in
accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shalt continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, 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 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. The 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 reissuance of the permit to
change the name and incorporate such other requirements as may be necessary. A formal
permit transfer request must be submitted to the Division of Energy, Mineral and Land
Resources 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.
6. The=permittee-is-responsible-for==compliance=with-all=permit=conditions=until=such=time=as=the
Division approves the permit transfer request. 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.
7. 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. If any of those permits result in
revisions to the plans, a permit modification must be submitted. .
8. 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 such as the construction of additional or replacement stormwater
management systems.
9. The permittee grants permission to Division staff to enter the property during normal business
hours for the purpose of inspecting all components of the stormwater management system.
10. The permittee shall notify the Division of Energy, Mineral and Land Resources of any name,
ownership, or mailing address changes at least 30 calendar days prior to making such changes.
Permit issued this the 2"d day of July 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral, and Land Resources
by Authority of the Environmental Management Commission
Stormwater Management Permit SW6200402