SW7050619_Final Permit_20050708

Michael F. Easley, Governor iNa—IRU
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 8, 2005
Mr, Rudy A. Smithwick, Member/Manager
Figure 8 Partners, LLC
8211 Market Street, Suite CC
Wilmington, NC 28411
Subject: Permit No. SW7050619
Marina Townes
Low Density Stormwater Project
Craven County
Dear Mr. Smithwick:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Marina Townes on June 22, 2005. 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 Permit
No. SW7050619 dated July 8, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be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 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.
If you have any questions, or need additional information concerning this matter, please
contact either Scott Vinson or me at [phone],
Sincerely,
Al Hodge
Regional Supervisor
Surface Water Protection Section
AH/sav: C:\STORMWAT\PERMIT\SW7050619
cc: John Thomas, PE
Graven County Inspections
Washington Regional Office
Central Files
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX (2s2) 946-9215 Customer Service
Internet: h2o.ear.slate.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
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State Stormwater Management Systems
Permit Number SW7050619
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Rudy A. Smithwick, Member/Manager
Figure 8 Partners, LLC
Craven County
FOR THE
construction, operation and maintenance of a low density development 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
This permit covers the construction of 29,590 square feet of built -upon area.
The overall tract built -upon area percentage for the project must be maintained at
30%, as required by Section .1005 of the stormwater rules.
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. 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.
7. Roof drains must terminate at least 30' from the Mean High Water line.
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State Stormwater Management Systems
Permit Number SW7050619
II. SCHEDULE OF COMPLIANCE
Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
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.
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:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7050619, as issued by
the Division of Water Quality 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 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. Construction of additional built -upon area in excess of 29,590 square feet
will require a permit modification.
g. Construction of additional impervious areas such that low density
requirements are no longer met must be submitted to DWQ and a permit
modification must be issued 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.
h. 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.
i. A minimum 30' wide vegetated buffer area shall be provided between
surface waters and all impervious surfaces.
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State Stormwater Management Systems
Permit Number SW7050619
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. 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.
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.
10. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
11. 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 revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
12. 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.
13. 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
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.
2. The permit issued shall continue in force and effect until revoked or terminated.
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State Stormwater Management Systems
Permit Number SW7050619
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request fora 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 Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable 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 request must be submitted to the Division of Water
Quality 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.
The permittee is responsible for compliance with all permit conditions until the
Director approves the transfer.
6. The permittee grants permission to DENR Staff to enter the property for the
purpose of inspecting all components of the stormwater management facility.
7. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
8. 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.
Permit issued this the 8th day of July, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1�- - 7 �------------------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7060619
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