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HomeMy WebLinkAboutSW7021010_Final Permit_20091204Beverly Eaves Perdue Governor 14402- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director December 4, 2009 William N. Miles, President Shine Landing Property Owners Association, Inc. Post Office Box 128 Arapahoe, North Carolina 28510 Dear Mr. Miles: Dee Freeman Secretary Subject: Stormwater Permit No. SW7021010 & SW7050604 Shine Landing & Shine Landing West Low Density Subdivision Permit Pamlico County The Washington Regional Office received a complete Stormwater Management Permit Name/Ownership Change Application for Shine Landing & Shine Landing West on November 17, 2009. 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 new Permit Nos. SW7021010 & SW7050504, dated December 4, 2009, for the construction and maintenance of the subject project issued to Shine Landing Property Owners Association, Inc.. The original two permits issued to Coastal Marketing & Development Company are henceforth rescinded to be replaced with the enclosed permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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 thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E 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. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at (252) 946-6481. Jinct, Regional Supervisor Surface Water Protection Section AH/sv: K:SAV\K-Stormwater\PERMIT\SW7021010&SW7050504-Shine Landing cc: Duncan Harrison, Coastal Marketing & Development Company P mlico County Inspections Washington Regional Office Central Files North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 An Fnual Ononrlunity 1 ARrmalive Action Fmnlover Internet: www,ncwaterquality.org Phone: 252-946-6481 \ FAX: 252-946-9215 FAX 252-946-9215 Nne orthCarofna Nafta�allif State Stormwater Management Systems Permit No.SW7021010 & SW7050504 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Shine Landing Property Owners Association, Inc. Shine Landing & Shine Landing West Pamlico County FOR THE construction, operation and maintenance of a 25% 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 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. Each of the 95 lots in Shine Landing and 25 lots in Shine Landing West is limited to that maximum amount of built -upon area as indicated in the attachments of this permit, the applications and as shown on the approved plans. 2. The overall tract built -upon area percentage for the project must be maintained at 25% per the requirements of Section .1005 of the stormwater rules. 3. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent surface waters. 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. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non - erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 5. All roof drains must terminate at least 50 foot from the mean high water mark. 6. Level spreaders shall be provided at the ends of all swales that discharge into a regulated wetland or any surface water. 7. No direct discharges to class SA Waters are allowed. Page 2 of 5 State Stormwater Management Systems Permit No. SW7021010 & SW7050504 II. SCHEDULE OF COMPLIANCE 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. f. Maintenance of level spreaders and infiltration areas in accordance with approved plans and O&M documents. 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 permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 6. 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. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 8. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality. 9. 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 SW7021010 & SW7050504, as issued by the Division of Water Quality under NCAC 2H.1000. Page 3 of 5 State Stormwater Management Systems Permit No.SW7021010 & SW7050504 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. The maximum built -upon area per lot is (see attached) 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 50 foot wide vegetated buffer between all impervious areas and surface waters. i. All roof drains shall terminate at least 50 foot from the mean high water mark. j. If permeable pavement credit is desired, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of the permeable pavement. 10. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 11. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB) 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 or ARB do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 12. All stormwater conveyances will be located in either dedicated right-of-way (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. 13. 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. 14. 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 lot 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 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 Division of Water Quality Page 4 of 5 State Stormwater Management Systems Permit No.SW7021010 & SW7050504 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 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. 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 2008-211, Title 15A of the North Carolina Administrative Code, Subchapter 21-1.1000; 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 Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater 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. 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 41" day of December, 2009. N RlT CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION U - for Coleen H. Sulli s Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7021010 & SW7050504 Page 5 of 5 L ,-, (/ Attachment A Lot Number Sq. Ft. of lot Sg Ft of impervious area allowable 1 -30,810 6972.5 2 33,560 7660 3 37,530 8652.5 4 32860 7485 5 27,940 6255 6 28,280 634.0 7 24,450 5382.5 8 21,950 5487.5 9 26,400 .5870 10 33,810 7722.5 11 32,430 7377.5 12 28,600 6420 13 28,440 6380 14 28,440 6380 15 28,440 6380 16 27,660 6185 17 25,300. 5595 18 66,270 8878.5 19 46,980 8745 20 30,200 6820 21 27,606 6170 22 27,680 6190 23 32,420 7375 24 31,910 7247.5 , 25 3,000 750 Proposed 95 Lot Subdivision Allowable Built Upon Allowable Built Upon Lot No's Sq.Ft. Acres Area Per Lot (Sq.Ft.) Area Per Lot (%) 1 42,407 0,974 10601.75 25.00% 2 26,309 0.604 6577.25 25.00% 3 27,376 0,628 6844 25.00% 4 27,757 0.637 6939.25 25.00% 5 27,494 0.631 6873.5 25.00% 6 23,451 0.538 5862.75 25.00% 7 21,780 0.500 5445 25.00% 8 115,957 2.662 15000 12.94% 9 48,742 1.119 9785.5 20.08% 10 28,260 0.649 7065 25.00% 11 28,875 0.663 7218.75 25.00% 12 29,087 0.668 7271.75 25.00% 13 21,780 0.500 5445 25.00% 14 30,639 0.703 7659.75 25.00% 15 25,168 0.578 6292 25.00% 16 22,436 0.515 5609 25.00% 17 82,141 1.886 18135.25 22.08% 18 67,791 1.556 14547.75 21.46% 19 67,567 1.551 14491.75 21.45% 20 75,735 1.739 16533.75 21.83% 21 72,307 1.660 15676.75 21.68% 22 43,560 1.000 10890 25.00% 23 49,202 1.130 11100.5 22.56% 24 .69,144 1.587 17286 25.00% 25 80,479 1,848 17719.75 22.02% 26 44,322 1.017 11080.5 25.00% 27 48,175 1,106 10843.75 22.51% 28 75,847 1.741 16561.75 21.84% 29 50,427 1.158 10206.75 20.24% 30 50,940 1.169 10335 20.29% 31 59,311 1.362 12427.75 20195% 32 77,919 1.789 17079.75 21.92% 33 51,311 1.178 10427.75 20.32% 34 46,243 1.062 10360.75 22.41 % 35 43,560 1.000 10890 25.00% 36 50,167 1.152 11341.75 22.61% 37 64,559 1,482 13739.75 21.28% 38 74,400 1.708 16200 21.77% 39 69,897 1.605 15074.25 21,57% 40 53,168 1.221 10892 20.49% 41 63,277 1.453 13419.25 21.21 % 42 65,525 1.504 13981.25 21,34%- 43 100,860 2.315 21289 21.11% 44 44,054 1.011 11013.5 25.00% 45 35,524 0.816 8881 25.00% 46 28,625 0.657. 7156.25 25,00% 47 21,780 0.500 5445 25.00% 48 24,541 0.563 6135.25 25.00% 49 26,795 0.615 6698.75 25.00% 50 23,774 0.546 5943.5 25.00% 51 24,868 0.571 6217 25.00% 52 23,092 0.530 5773 25.00% 53 30,343 0.697 7585.75 25.00% 54 37,500 0,861 9375 25.00% 55 24,000 0.551 6000 25.00% 56 25,767 0.592 6441.75 25.00% 57 23,524 0,540 5881 25.00% 58 24,829 0.570 6207.25 25.00% 59 24,908 0.572 6227 25.00% 60 28,924 0.664 7231 25.00% 61 37,785 0.867 9446.25 25.00% 62 58,895 1.352 12323.75 20.92% 63 32,731 0.751 8182.75, 25.00% 64 35,569 0.817 8892.25 25.00% 65 23,760 0.545 5940 25.00% 66 24,977 0.573 6244.25 25.00% 67 255,441 5.864 48000 18.79% 68 44,948 1.032 11237 25.00% 69 36,254 0.832 9063.5 25.00% 70 31,040 0.713 7760 25.00% 71 53,615 a 1.231 11003.75 20,52% 72 80,027 1.837 17606.75 22.00% 73 38,005 0.872 9501.25 25.006/. 74 26,254 0.603 6563.5 25.00% 75 26,254 0.603 6563.5 25.00% 76 26,254 0.603 6563.5 25.00% 77 26,254 0.603 6563.5 25.00% 78 35,406 0.813 8851.5 25.00% 79 32.956 0.757 8239 25,00% 80 43,619 1.001 10904.75 25.00% 81 57,390 1.317 11947.5 20,82% 82 32,670 0.750 8167.5 25.00% 83 21,813 0.501 5453.25 25.00% 84 21,780 0.500 5445 25.00% 85 22,597 0.519 5649.25 25.00% 86 21,780 0.500 5445 25.00% 87 21,784 0.500 5446 25.00% 88 30,316 0.696 7579 25.00% 89 30,200 0.693 7550 25.00% 90 27,666 0.635 6916.5 25.00% 91 23,002 0.528 5750.5 25,00% 92 27,065 0.621 6766.25 25.00% 93 26,370 0.605 6592.5 25.00% 94 24,804 0.569 6201 25.00% 95 28,161 0.646 7040.25 25.00% 932635.00 Total Project Area Proposed Impervious Area of Streets Sq.Ft, Acres Sq.Ft. Acres 4588400 105.34 21G 4.92 Total Allowable Total Proposed Total Project Built Impervious Surface Impervious Surface Upon Area (%) 1147100 1147100 25.00%