HomeMy WebLinkAboutSW7090209_Modification_20101020NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
ctober 2 , 2010
Mr. Horace Kim Old, Member Manager
Old Brothers, LLC
101 Commerce Drive
Moyock, North Carolina27958
Subject: Stormwater Permit No. SW7090209 Modification
Holly Ridge
Low Density Subdivision Permit
Currituck County
Dear Mr. Old:
The Washington Regional Office received a complete Stormwater Management Permit
Modification Application for Holly Ridge on September 10, 2010. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW7090209 Modification, dated October 20, 2010, for the construction
of the subject project.
This permit shall be' effective from the date of issuance until rescinded, shall void permit
SW7090209 issued on April 13, 2009 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 adjudicatery 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 Samir Dumpor or me at (252) 946-6481.
ince e�y,
AI Hodge
Regional Supervisor
Surface Water Protection Section
AH/sd: K:\SD\Permits — Low Density\SW7090209 Modification -Holly Ridge
cc: Doug Abbott, PE, Hyman and Robey, PC
Currituck County Inspections
viNashington Regional Office
North Carolina Division of Water Quality Internet: www.ncwaterauality.mg
943 Washington square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nata 4if
State Stormwater Management Systems
Permit No.SW7090209 Modification
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
Horace Kim Old, Old Brothers, LLC
Holly Ridge
Guinea Road, Moyock, North Carolina, Currituck County
FOR THE
construction, operation and maintenance of a 24% low density subdivision in
compliance with the provisions of Session Law 2008-211 and 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 thirty-three lots is limited to a maximum of 9,600 square feet of built -
upon area, as indicated in the application and as shown on the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at
24% per the requirements of Session Law 2008-211 and Section .1005 of the
stormwater rules.
3. The project proposes the use of two wet detention basins to comply with the local
requirements. Permitting of this wet detention basin will be done through the local
government.
4. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
5. 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.
6. All roof drains must terminate at least 50 foot from the mean high water mark.
7. Level spreaders shall be provided at the ends of all swales that discharge into a
regulated wetland or any surface water.
8. No direct discharges to class SA or SR Waters are allowed.
Page 2 of 6
State 5tormwater Management Systems
Permit No.SW7090209 Modification
It. 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. Mowin.9, 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.
7. 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, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requirements of Section 11.11 and 11.12 of this permit.
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
Page 3 of 6
State Stormwater Management Systems
Permit No.SW7090209 Modification
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7090209 Modification,
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.
g. The maximum built -upon area per lot is 9,600 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.
h. 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.
j. Each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters.
k. All roof drains shall terminate at least 50 foot from the mean high water
mark.
1. 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
Page 4of6
Mate stormwater management Systems
Permit No.SW7090209 Modification
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 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.
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 2008-
211, Title 15A of the North Carolina Administrative Code, Subchapter 2H.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.
7. 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.
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. 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.
Page 5 of 6
State Stormwater Management Systems
Permit No.SW7090209 Modification
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 Twentieth day of October, 2010.
NO TH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
or oleen .Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 6