HomeMy WebLinkAboutSW7180906_Final Permit_20181003ROY COOPER
Governor
MICHAEL S. REGAN
secretary
ILLIAM E. (TOBY) VINSON, JR.
7ntertmDirector
H. Kim Old
104 Tulls Bay Dr.
Moyock, NC 27958
Dear H. Kim Old:
NORTH CAROLINA
Envtron enta[QuaQty
October 3, 2018
Subject: Stormwater Permit No. SW7180906
Walker's Ridge Subdivision
Low Density Subdivision Permit
Currituck County
The Washington Regional Office received a complete Stormwater Management Permit
Application for the Walker's Ridge Subdivision project on September 21, 2018. 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 21-1.1000. We are forwarding Permit No.
SW7180906, dated October 3, 2018, 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This permit shall be effective from the date of issuance until rescinded, and shall be subject to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
folI n receippt of this permit. This request must be in the form of a written petition,
conform ing to Cha ter 150B of the North Carolina General Statutes, and filed with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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 me at (252) 946-6481.
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: David A. Deel, PE - Deel Engineering, PLLC (PO Box 3901, Kill Devil Hills, NC 27948)
Currituck County Inspections (153 Courthouse Rd, Suite 110, Currituck, NC 27929)
Washington Regional Office
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North Carolina Department Of Environmental Qpahgr I Division of Energy, Mineral and Land.Resources
Washington RegionalAfhce 1943 Washington Square Mall I Washington,North Caraitna27884:
251946,6481
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, and other applicable Laws, Rules, and kegulations,
H. Kim Old
Walker's Ridge Subdivision
Tulls Creek Road, Moyock, Currituck County
FOR THE
construction, operation and maintenance of a 24% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') 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
(Division) 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:
1. DESIGN STANDARDS
Each of the 21 lots is limited to a maximum of (see Attachment A) square feet of built -
upon area, as indicated in the application and as shown on the approved plans.
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2. The overall tract built -upon area percentage for the project must be maintained at 24%
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.
5. All roof drains must terminate at least 50 foot from the mean high water mark.
6. Approved plans and specifications for projects covered by this permit are incorporated
by reference and are enforceable parts of the permit.
7. Two wet detention ponds are provided to meet the Currituck County Unified Development
Ordinance and are not covered by this permit.
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.
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:
North
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. 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.
8. 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.
9. 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, 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 11.12 and 11.13 of this permit.
10. 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 SW7180906, 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.
i • �
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 built -upon area per lot is (see Attachment A) 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, 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.
11. The permittee shall submit a copy of the recorded deed restrictions within 30 days of
the date of recording.
12. 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.
13. 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.
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. If permeable pavement credit is desired, the permittee must submit a request to modify
the permit to incorporate such language as required b the Division. 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.
North Carolina Department of Environmental :Quality I Diylston ofeoergy, Mineratand Land Resources
Washington Regional Office ( 943Washington Square Mall I Washington, North Carolina27889
257946.6481
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 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.
Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division, 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 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 DEQ 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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
WashingtonRegional Office 1 943 Washington Square Mall I Washington, North Carolina 27889'
282946,6481
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 3rd day of October, 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,Toby Vinson, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7180906
uremm.ame�ndeataW
North Carolina Department SfEnvironmental'Quaffty I DivisionofEnergy, Mineral and Land Resources
Washington Regional Office 1 943Washington Square Mail I Washington, North Carolina27889
2$2.946.6481
SUBDIVISION AREAS
WALKER'S RIDGE
Lot Number
Lot Area (sf)
Lot Area (ac)
Lot Coverage
Allowed (27%)
1
41,950
0.96
11,327
2
41,950
0.96
11,327
3
41,950
0.96
11,327
4
48,385
1.11
13,064
5
40,058
0.92
10,816
6
40,000
0.92
10,800
7
40,000
0.92
10,800
8
40,000
0.92
10,800
9
40,100
0.92
10,827
10
40,000
0.92
10,800
11
40,000
0.92
10,800
12
40,729
0.94
10,997
13
40,596
0.93
10,961
14
40,687
0.93
10,985
15
40,538
0.93
10,945
16
40,815
0.94
11,020
17
40,000
0.92
10,800
18
40,118
0.92
10,832
19
40,000
0.92
10,800
20
40,473
0.93
10,928
21
40,043
0.92
10,812
858,392
- - - - 231,766