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HomeMy WebLinkAboutSW7061234_Final Permit_200701291/J�;RO Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DIVISION OF WATER QUALITY January 29, 2007 Cypress Landing Master Homeowners Association, Inc. Attn: Mr. Robert Schultz 100 Marina Drive Chocowinity, NC 27817 Subject: Stormwater Permit No. SW7061234 Cypress Landing Subdivision Low Density Stormwater Project Beaufort County Dear: Mr. Schultz: The Washington Regional Office received your completed request for ownership change and supporting information for the subject project on December 15, 2006. After reviewing the information provided with your request, and our stormwater files it has been determined that the project will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7061234 dated January 29, 2007 to Cypress Landing Master Homeowners Association. This permit replaces all low density permits previously issued to Weyerhaeuser Real Estate Company for the Cypress Landing Development, and shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. 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. North Carolina Division of Water Quality Internet: h2o.em.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 On e NhCarohna An Equal Opportunity/Atfrmafive Action Employer— 50% Recycled/10% Post Consumer Paper Cypress Landing Master Homeowners Association January 29, 2007 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (252)948- 3919. S'ncer ly, Al HoLd eigional Supervisor Surface Water Protection Section Washington Regional Office cc: B�.aufort County Planning/Inspections ✓WaRO Files Central Files State Stormwater Management Systems Permit No. SW7061234 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 Cypress Landing Master Homeowners Association Beaufort County FOR THE continued, operation and maintenance of stormwater management systems 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 for grassed swales and vegetated buffers to serve Cypress Landing Subdivision located near Chocowinity, NC. This permit replaces all low density permits previously issued to Weyerhaueser Real Estate for the Cypress Landing Development, and and 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. The following criteria are approved as meeting the stormwater rules for this project: a. Total site area for the Cypress Landing Development, including the Subdivision, Golf Course, Marina, Roads and Common Areas is approximately 900 acres. The subdivision portion of this development is approximately 592 acres. b. Total allowable impervious area for the subdivision portion is 144.47 acres. C. Total number of single family lots is 723. d. Allowable built -upon areas must be consistent with final construction plats and deed covenants submitted by the applicant. Allowable impervious area per lot is based on a maximum of 26.5% and is reflected in the attached supplement sheet, "Cypress Landing Development - Table of Built Upon Areas". 3 e. Engineered stormwater controls for the golf course, clubhouse, maintenance facilities, marina, roads and common areas are covered under a separate permit issued to the Cypress Landing Master Homeowners Association (see SW7061235). 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at levels at least as stringent as the low density levels. specified in the stormwater rules. 3. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed would be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road b. That minimum amount needed under driveways to provide access to lots. 7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division of Water Quality. 9. Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built - upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built - upon area limit is transferred to the individual homeowner. n 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: A statement of the allowable built -upon area per lot in the following form: "The allowable built -upon area per lot shall not exceed 26.5% as shown in the current deed covenants, inclusive of that portion of the right- of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." b. Items related to stormwater management must remain in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "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." 12. The Permittee has provided construction drawings and copies of the deed covenants to show that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the previously approved plans and specifications. In the past, several minor piping/drainage modifications were approved during on -site meetings with Division of Water Quality staff, Department of Transportation staff and the previous owners. 13. The following items will require a modification to the permit: a. Any revision to the approved plans (construction drawings), regardless of size; including changes to the lots, streets and drainage. b. Project name change c. Transfer of ownership of any part of the development. d. Redesign or addition to the approved amount of built -upon area for the subdivision lots. e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 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. II. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. 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 except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 2. 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. Inspect all swales and vegetated buffers after significant storm events; and on a quarterly basis b. Sediment and debris 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. f. All roadside swales and primary outlet swales, as shown on the approved plans, shall be properly maintained in a permanent vegetated state. N At least 30 days prior to recording any amendments to the current deed restrictions, the permittee shall submit to the Division of Water Quality, Washington Regional office, a copy of the proposed changes. 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 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 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. 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 Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built -upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. The permit is not transferable to any person 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. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) that have jurisdiction. Permit issued this the 29 th day of January, 2007. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, Y.E. uirector Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7061234 Cypress Landing Development - Table of Built Upon Areas PHASE SECTION LOTS # LOTS DEED RESTRICT SEC. ACREAGE MAX IMPERV. SUR. 1 1 1-52 51 No 40.4 8.43 1 2 53-90 38 Yes 30.84 4.6 1 3 91-107 17 Yes 23.56 2.8 1 4 152.158 7 Yes 10.02 2.43 1 5 159.219 60 Yes 55.6 15.1 1 6 108-166 9 125-151 27 117-124 8 44 total lots Yes 30.4 7.8 1 7 456-482 26 Yes 25.73 6.82 1 8 320-350 31 Yes 28.55 7.49 1 9 351.380 30 Yes 32,48 6.6 1 10 271.319 49 Yes 39.62 10,57 1 11 263.270 8 Yes 6.95 1.67 1 12 220-262 42 Yes 34 9.1 1 13 422-455 34 Yes 28.08 7.7 1 14 381-421 39 Yes 45.86 10.84 1 15 483.493 11 Yes 7.77 2.06 1 BR 1-9 9 Yes 4.56 1.27 1 CR 1-19 19 Yes 4.37 1.25 1 FO 1-15 15 Yes 6.09 1.62 1 FV 1-21 21 Yes 7.33 1.95 2 1 1-29 29 Yes 21.366 5.67 2 2 30-51 22 Yes 15.433 4.09 2 3 52-102 51 Yes 35.447 9.4 2 4 158-175 18 Yes 11.21 2.97 2 5/6 57 total lots)Yes 2 5 111-121 10 Yes 23.16 6.14 2 5 144-156 13 Yes 2 6 104-110 7 Yes 23.02 6.1 2 (6) 122-143 22 Yes _ Total 723 691.846(1) 144.47(2) -Table Notes: (1) Cypress Landing is an approx 900 acre development including Golf Course, Marina, Roads and Common Areas (2) Current deed restrictions and Building Guidelines requires a Maximum Allowable Impervious Surface per Lot of 26.5%. Cypress Landing Golf Course property including fairways, clubhouse, restrooms, parking lots, cart maintenance facilities are managed/leased to the Cypress Landing Golf Club Association, owever, the CLMHOA retains ownership of the property. Landing Marina property including slips, slips access, parking, are managed/leased by the Cypress Landing Marina Association, however, the CLMHOA retains ownership of the property. able prepared by: Tomi Moody, CMCA, AMS Community Association Manager Cypress Landing Master Homeowners Association, Inc. t the direction of: Bill Moore, Environmental Engineer NCDENR-DWQ -and -Cypress _