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HomeMy WebLinkAboutSW8060722_HISTORICAL FILE_20060819STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW EtZ2a M2 DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS f�PHISTORICAL FILE C ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ffaee NC®LNR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 7/18/2006 LETTER OF RECEIPT FOR AN EROSION CONTROL PLAN EXPRESS REVIEW Mr. W. Delynn Richardson, 3135 Rustic Lane Castle Hayne, NC 28429 RE: Project Name: Williams Walk Project ID: Pende-2007-021 County: Pender, Burgaw, Penderlea Hwy NCSR 1332 River Basin: Cape Fear Submitted By: Withers and Ravenel Date Received by LQS: July 18, 2006 Plan Type: NEW Dear Mr. Richardson: This office has received a soil erosion and sediment control plan for the project listed above which was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4)). The Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)). The review period for an express review is three days of receipt of a complete plan. If additional information is requested, it must be submitted within five working days of receipt. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, i Carol N. Miller Assistant Regional Engineer cc: Mr. Gary S. Pape, P.E., Withers and Ravenel LQS-WIRO: SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone; 910-796-72151 FAX: 910-350-2004 State Stormwater Management Systems Permit No. SW8 060722 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH 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 W. Delynn Richardson, Owner Williams Walk Pender County FOR THE construction, operation and maintenance of a wet detention pond 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. This permit shall be effective from the date of issuance until August 16, 2016 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 on page 3 of this permit. The subdivision is permitted for 28 lots, each allowed 3,870 square feet of built -upon area. 3. Approved plans and specifications for this project.are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 060722 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 11.54 Onsite, ft2: 502,618 Offsite, ft2: None b. Total Impervious Surfaces, ft2: 181,652 Lots at 3,870 ft2: 108,360 Roads/Parking, ft2: 57,638 Other, ft2: 15,654 Offsite, ft2: None C. d. e, f. 9. h. k. Pond Depth, feet: 4.0 TSS removal efficiency: 90% Design Storm: 1.0 Permanent Pool Elevation, I=MSL: 42.0 Permitted Surface Area @PP, ft2: 16,948 Permitted Storage Volume, ft3: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3 Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream 1 River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 15, 738 42.5 2.0" fd pipe 43,562 8,986 116 UT Burgaw Creek 1 Cape Fear 18-74-39 "C.Sw" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (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. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, 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. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 060722 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 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 all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060722, 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. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 060722 12. Deed Restrictions (Cont'd.) 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 3,870.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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff from built upon area on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street,. grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the starnplsignature of the Register of Deeds. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1 /6. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 060722 17. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. 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 of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. 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. 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 this Division, such as the construction of additional or replacement stormwater management systems. 6. 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. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 16th day of August 2006. NORTH.CA'ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Atan Vv. KIImeK, F'.t., uirector Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 060722 Page 6 of 8 State Stormwater Management Systems Permit No. SW8 060722 Williams Walk Page 1 of 2 Stormwater Permit No. SW8 060722 Pender County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8 060722 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Ren Holt, Pender County Building Inspections Page 8 of 8 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id, 200600679 County: Pender U.S.G.S. Quad: Bur aw NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: W. Delynn Richardson Agent: Chill Jackson r�� Needham Environmental,Inc. I V Point Drive �+i Address: 3135 Rustic Lane 323 Shore Wilmington, NC 28411 Castle Hayne, NC 28429 �U� Telephone No.: 910 6� 12-5134 (910) 795-2133_ r7� Property description: (� 13 "" � P& Size (acres) 14.187 acres Nearest Town Burgaw C Nearest Waterway Burgaw Creek USGS HUC 03030007 River Basin Coordinates Cape Fear River t,w� n N 345576 W 77.9480 a/ Location description: The properly is located adjacent to an unnamed tributnEy of Bur aw Creek at 1450 Penderlea l Hi2hway, in Bur aw Pender County, North Carolina. l b Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. on the above described property subiect to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 4 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. on vour property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subiect to CWA 'ul risdiction on your property+ which, provided there is no change in the law or our published regulations, may be relied upon for a_period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The ro ert is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act LAMA). You should contact the Division of Coastai Management in Wilmington, NC at (9101796-7215 to determine their requirements. Page 1 of 2 Action ID: 200600679 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Lillette Granade at (910) 2514829. Basis For Determination: The subiect waterbody exhibits an Ordinary High Water Mark and is an unnamed tributary of Burgaw Creek, a tributary of the Northeast Cane Fear River, a navigable water of the US. Determination is based on information provided by Chip Jackson, of Needham Environmental, Inc., and a field visit by Lillette Granade on March 8, 2006. Remarks: There is one wetland area less than 0.5 acres in size on the above described property. The Corps of En2ineers does not have Wrisdiction over this area. The State of North Carolina does have jurisdiction over this wetland and any activity in this wetland is subject to the State's regulations. Please contact Ms. Cyndi Karoly with the North Carolina Division of oWater Quality at 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27609 before d_o_ing,anv work in this area. Corps Regulatory Official: ,G Date March 17, 2006 Expiration Date March 17, 2011 Corps Regulatory Official (Initial):- h011z FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal' form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 a �iJtV yA�Ll "14' . .4!.t M UPLANDS R .........■........... ..... y i M 1 UPLANDS C/L of Water of ITS is property lint • LEGEND ' DASHED LINES - Waters of the US as regulated by the US Army Corps M of Engineers: 'These areas will be regulated as W#ters of the US. Field review by the USACE may also determine that these areas will be regulated as 1) intermittent streams or 2) perennial streams with ' A) little importance or B)high importance. k ;' -'These criteria will affect permitting in this area 1 Waters of the US vs. Waters of US - Stream / 2) intermittent vs perennial and 3) tittle importance vs. high importance Ilk r Uplands - Area of planned disturbance and imperveous areas may require stormwater, sediment/erosion control and CAMA permitting approval 404 Wetlands as regulated by the U.S. Army Corps of Engineers - no development, soll disturbance or fill activities without prior 404/401 and CAMA permitting approval Delineated in the field with pink/black striped ribbon Transitional Areas - Areas lathing complete 3 parameter wetlands criteria; however, final decision to be made by USACE during site review. W. Delyon Richat ti ' ;Tract Needham Environmental, Inc. 14.187 Acr . EnAmnmental Consultants PleliIDinary 404 PenderCoun C Vmnabow;.N.C. Wetlands Map (, December, 2005 t:t�;i'titi Y �'W�i 'Y7.4�t'{is#"'• `:.': k ,E,&tr w6q Y�`C,+=, .q1'� Fr}} '..:1 '- _3:1 pF' .s�,N!wr�'-. ?kM�f '4N-1, �kU4L JIB',. �C. 4aA+i1Vrlt'i -l1.7� _t,.'[ {, 'Q :+{,� �Jy�,�x kii• .4'" al��{f^i �n,11Yrr.{�'fy��/�' f i S,,••1 6 ``` I Jh�� � �iWii�,,�r ?;i LA'.-3�A'R�il}F,i�:,J •1r1.\SsF: �� J ����:r��{+t �. .N. ���-IN�� ��I.�.?�., t�dlti �` +I NOTIFCATYONi OIADMTNISTRA'[tI'EA2PP 'OF,TION_StAND_PR()CESSJ`AND ipf��..� f � run, S( f .•,.,,�lYfi \\ C' �%i�ft 5 t �:lti '.`1'.ae+1r �:•.�fb��j R'�M�i j� R Y !.{ � �`��..., .fall ��^� .C�?"�.v�+Y�f4�ilh"JfK�..+.i�.Jj _ _ �f paa�f� �� - �PW�j al,• rr�! Y- I�� Way i�{�S 7 u 7���.. tk �'��:2s;� � r'?- '%'r17�,F°% I��'''� �� >�'.I`.i, � :C�.L`J1.7f.L'"��FQR�AP-.,P'EAiI�"*,��`�j`', ki�iy '.✓P.�`Y!'. !�` �4YjJr1 ..'.Wf. h-:� ��������.%1 �1 f�Y�•'...;1._4.ii:ri�,'�i'.�??�.i'S�'4�4+�rs`7.S�,r.ZYt�.J�Y1 `�����S1 J>.`sw.v�r� �d% 'f+�'. �w ..+�, ..�1.. ��t. d�. �l.'� Applicant: W. Del nn Richardson File Number: 200600679 Date: March 17, 2006 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter of ermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I .The fallowtrig identtfies;your�rtghts and apton's'regairdtng an adrnintstrattve appeal of the above deciston .Addttional.information moy be'found a#9http /lwww usace army m=Utnedfuncti' h§/cw/cecwo/reg or . Co s re lations at.31 CFR�? �31 d.< A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit, • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: "PROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. h4fiyY5�,+ryr�'. Yf (� }}ik . C l,C, �,[Z.i�S.ytrx'113.i�k i i�4:M�i 7Y y*U l Y f 1 SECTION II :REQUEST FORAPPEAL or.,OBJECTIONS_�TO,AN� NXTIAL`°PRO FFERW'PERMIT. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT;OF,.CONTACT:-FOR' UESTIONS-'OR'INFORMATION ,.. If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Mr. Mike Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Geor is 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. v Ryan McAlister From: Sent: To: Cc: Subject: Delynn and Ryan, Chip Jackson Oacksonchip@ec.rr.com] Wednesday, July 05, 2006 11:08 AM Ryan McAlister Delynn Richardson FW: Richardson Property No wetlands permitting concerns exist on the property. Please see email from Noelle below (NC DENR Water Quality). As long as we comply with sediment and erosion control concerns, all isolated wetlands fill permit conditions will be met. Thanks! Chip Jackson Wetlands Specialist Needham Environmental, Inc. 323 Shore Point Drive Wilmington, NC 28411 office/fax - (910) 795-2133 mobile - (910) 232-5388 jacksonchip@ec.rr.com -----Original Message ----- From: Noelle Lutheran[mailto:Noelle.Lutheran@ncmail.net] Sent: Wednesday, July 05, 2006 10:41 AM To: 'Chip Jackson' Subject: Richardson.Property Chip, http://h2o.enr.state.nc.us/ncwetlands/certs.html Click on the link above and see *Isolated Wetland/Stream General Permit *Projects that involve the filling of less than 1/3 acre of isolated wetlands are covered under this general permit without written concurrence from DWQ; however, notification is always appreciated. It helps us track overall impacts and assists us in responding to inquiries and complaints. Thank you for your notification. Your client is authorized to proceed. Noelle Lutheran No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.0.394 / Virus Database: 268.9.9/382 - Release Date: 7/4/2006 �� _ i.: . � , • i , 1 4 � � , WITHERS & RAVENEL July 28, 2006 NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 c/o Mr. Paul Bartlett, PE ENGINEERS I PLANNERS I SURVEYORS 3 1 Z5 6 . ro oC o7 Re: Williams Walk Stormwater Application #SW8 060722; Request for Additional Information Mr. Bartlett: We have received your comments, dated July 25, 2006. The following notes outline our responses to your comments and address how the comments have been addressed, and identify the changes to the plan: 1. Please delineate all wetlands on site, disturbed or undisturbed, and provide a copy of the Corps of Engineers jurisdictional determination. Response: A copy of the USACOE jurisdictional determination is attached. 2. ease provide: (a) a label on the Roof Drain Detail at the T-fatting on Sheet 10,0 that ,states where the fitting connects; and (b) illustrate that connection coifiguration(s) frorn the roof drains to the stormwater collection .system on Sheet 5.0. Response: The Roof Drain Detail has been deleted from Sheet 10.0. The site has been graded in such a manner as to direct all impervious surface drainage into the streets and into the proposed wet detention stormwater management pond. .3, Please provide a copy of the proposed deed restrictions to include' all required conditions and limilalions. A shell is attached for your use, Please complete, sign, date have notarized and return the original. Response: A letter has been provided signed by the applicant indicating that the deed restrictions and covenants will be incorporated into the final Declaration of Covenants Conditions and Restriction fro the Williams Walk Subdivision. 7040 Wrightsville Avenue, Suite io Wilmington, North Carolina 28403 tel: 910-256.9277 fax: 9io-256-2584 www.withersravenel.com WITHERS &- RAVENEL ENGINECRS I P4ANNERS I SI.IRVEYCIRS 4. Please clarify the cul-de-sac detail oil Sheet 3.0. The plan view labels a 40 ' r"adrtls and the detail labels a 50' BOCradius. !'he 60' RIW label on the detail V'xx also appears to be incorrect. Response: The cul-de-sac detail on Sheet 3.0 has been revised. 5. Please clarify the impervious are for sidewalks listed in Section M.6 of the apiVication. It appears that E. Paisley Lane Sidetivalk may not have been included. My rough calculation resulled in crppr-oxhncrtely 14,000 sq fi fcrr sidewalks vs, the 10,508 sq ft listed on the application. Response: The plans, calculations and application have been revised to include the correct amount of impervious area for all sidewalks located within the development and are attached. 6. Please clarify the pond contours above the 42' permanent pool elevation. It appears from the pond cross-section on Sheet 10.1 that a 3:1 slope is being used which implies that the 43' contour should only be 3 ' (horizontal) ftoill the 42' contour, not the 20' illustrated This may impact the temporary pool surface area and volume. Response: The pond contours above the Normal Pool Elevation have been clarified on Sheet 10.1. The pond cross-section detail has been revised to indicate the actual design pond slopes. Please illustrate the 10' wide, 6:1 slope, vegetated shelf on the Pond Plan on Sheet 10.1 after clarifying item M above. Response: The 10' wide 6:1 slope, vegetated shelf on the pond plan on Sheet 10.1 has been revised to be clearly labeled. 1 trust the responses to the comments will adequately address your concerns. Please contact me immediately at 910-256-9277 or gpape a, withersravenel.com if you have any questions or require additional information. Sincerely, WITHE 5 &-RAVENEL, INC. Garry S. P e, P.E. Project Manager 7040 Wrightsville Avenue, Suite tot Wilmington, North Carolina 28403 tel: 910-256-9277 Fax: 910-256-2584 www.withersravenel.com P. 1 r FILE MODE - - 143 MEMORY TX } COMMUNICATION RESULT REPORT ( JUL.25.2006 5:20PM ) TTI NCDENR WIRO OPTION ADDRESS (GROUP) RESULT PAGE ----------------------------------------------------------------------------------- 92562534 OK P. 4/4 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor Date: 7/25/06 To: Garry Pape Company: W & R FAX #: (910) 256-2584 William G. Ross, Jr., Secretary FAX COVER SHEET No. of Pages: 4 (Incl. Cover) From: Paul Bartlett Water Quality Section - Stormwater FAX #: 910-350-2004 Phone #: 910-796.7301 DWQ Stormwater Project Number: SW8 060722 Project Name: Williams Walk MESSAGE:. Garry, A Request for Additional lnformation is attached for the subject project. The original will be mailed to Ms. Richardson, and a copy will be mailed to you. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor FAX COVER SHEET Date: 7/25/06 To: Garry Pape Company: W & R FAX #: (910) 256-2584 DWQ Stormwater Project Number: SW8 0 Project Name: Williams Walk , MESSAGE: Garry, William G. Ross, Jr., Secretary No. of Pages: 4 (Intl. Cover) From: Paul Bartlett Water Quality Section - Stormwater FAX #: 910-350-2004 Phone #: 910-796--7301------ A Request for Additional Information is attached for the subject project. The original wil be mailed to Ms. Richardson, and a copy will be mailed to you. ENBlptb: S:IWQSISTORMWATERIADDINF0120061060722.july06 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone (910) 796-7215 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer �OFWAT�RO � O G r O ~r July 25, 2006 Ms. W. Delynn Richardson 3135 Rustic Lane Castle Hayne, NC 28429 Subject: Request for Additional Information Stormwater Project No. SW8 060722 Williams Walk Pender County Dear Ms, Richardson: Michael F. Casley, Govemor William G. ]toss Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.F. Director Division or Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for Williams Walk on July 19, 2006. A preliminary review of that information has determined that the applicatio 'snot complete. The following information is needed to continue the stormwater view: 1✓ ���C� Please delineate all wetlands on site, disturbed or undisturbed, and provide a copy of the Corps of Engineers jurisdictional determination. Please provide: (a) a label on the Roof Drain Detail at the T-fitting on Sheet 10.0 aat states to where the fitting connects; and (b) illustrate that connection nfiguration(s) from the roof drains to the stormwater collection system on C �-7� Sheet 5.0, d 3. Please provide a copy of the proposed deed restrictions to include all required conditions and limitations. A shell is attached for your use. Please complete, (� sign, date, have notarized, and return the original. 0,,&(0, 4. Please clarify the cul-de-sac detail on Sheet 3.0. The plan view labels a 40' radius and the detail labels a 50' BOC radius. The 60' R/W label on the detail also appears to be incorrect. b5 / Please clarify the impervious area for sidewalks listed in Section 111.6 of the 1-71-7(1 J�, application. It appears that E. Paisley Lane sidewalks may not have been $U�/f,.�ncluded. My rough calculation resulted in approximately 14,000 sq ft for 6 �! � r sidewalks vs. the 10,508 sq ft listed on the application. 6. Please clarify the pond contours above the 42' permanent pool elevation. It appears from the pond cross-section on Sheet 10.1 that a 3:1 slope is being used which implies that the 43' contour should be only 3' (horizontal) form the 42' contour, not the 20' illustrated. This may impact the temporary pool surface area and volume. /please illustrate the 10' wide, 6.1 slope, vegetated shelf on the Pond Plan on Sheet 10.1 after clarifying Item #6 above. NorthCarolina Alaturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.newaterqualily.Org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recyc1edll0% Past Consumer Paper Mrs. W. Delynn Richardson July 25, 2006 Stormwater Application No. SW8 060722 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 2, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7301. Since ly, � J/ lele, Paul T. Bartlett, P.E. Environmental Engineer ENBlptb: - S:IWQSISTORMWATERIADDINF0120061060722.july06 cc: Garry S. Pape, P.E., Withers & Ravenel, Inc. Paul Bartlett cc A » INFORMATION PERTAINING TO DEED RESTRICTIONS ri AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. The following deed restrictions and covenants must be recorded prior to the sale of any lot: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Note: If the BUA per lot varies, please substitute the following paragraph for the one above and provide a complete listing of the proposed BUA for each lot: The maximum allowable built -upon area per lot is as follows: Lot # BUA Lot # BUA Lot # BUA These allotted amounts include 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. WITHERS &— RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS 7040 Wrightsville Avenue, Suite ioi WILMINGTON, NORTH CAROLINA, 28403 (qso) 256-9277 FAX (910) 256-2584 TO: Paul Bartlett, P.E. NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter LG7TEQ OF T °�NSWWl AL DATE 0 ' 1/2006 IOBNO. O 0 0 .01 ATTENTION Paul Bartlett PHONE # RE: Williams Walk ❑ Attached ❑ Under separate cover via ❑ Prints ® Plans ❑ Samples ❑ Change order ❑ Diskette ® Other the following items: ❑ Specifications COPIES DESCRIPTION 2 Revised Sheets (Cover Sheet, Layout Plan, Grading Plan & Pond Detils) 1 Comment Response Leter 1 Deed restriction and protective covenants for High Density Residential Subdivisions 1 Permit Application (SWU-io1) pageS 2 & 3 & calculation sheet 1 USACQE Jurisdiction Determination THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return COPY TO: File SIGNED: copies for approval copies for distribution corrected prints - Gam S. Pape, P.E. If enclosures are not as noted, kindly notify us at once. WITHERS &" RAVENEL ENGINEERS I PLAr14NCRS I SURVEYORS 7040 Wrightsville Avenue, Suite lol WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 To: Cameron Weaver NC Division of Water Quali 127 Cardinal Drive Ext. Wilmington, NC 28405 LETTER OF TRANSMITTRL DATE 0 /20/2006 6BNO. o3o5o477.ol ATTENTION Cameron Weaver PHONEA 796-73o7 RE. Williams Wal mAt� WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints ® Plans ❑ Samples ❑ Copy of Letter ❑ Change order ❑ Diskette ® Other the following �e s: ❑ Specifications COPIES DESCRIPTION 2 Sets of plans for stormwater permit 2 Copies of stormwater narrative and calculations 2 Stormwater Management Permit Application Form (one original, one copy) 2 Wet Detention Basin Supplement Form SWU-102 (one original, one copy) THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED'ATR'LOAN TO US f L REMARKS: lI c [ For approval. VU4 ro 4 I79Lrr-1 COPYTO: File ❑ Resubmit ❑ Submit ❑ Return SIGNED: copies for approval copies for distribution corrected prints - Garry S. Pape. P.E. If enclosures are notes noted, k/ndlynotlly us at once. 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I �•� •,� '1 M* U V, i V.b V."I 1.L 1.0 Km 4 0.1 0.2 0.3 0.4 0.5 mi Map center is 340 33' 26"N, 771 55' 26"W (WGS84/NAD83) Burgaw quadrangle M=-9.057 Projection is UTM Zone 18 NAD83 Datum G=-1.66 http://www.topozone.com/print.asp?z=l 8&n=3827825&e=23 l 718&s=48&size=m&symsh... 7/25/2006 A- L'A -7/5--o & NCDENR �iy-c North Carolina Department of Environment and Natural Resources 6, k"%? ? 127 Cardinal Drive, Wilmington NC 28405 (910) 796-7307 FAX (910) 350-2004 el Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX or email to Cameron. Wea ver(a)ncmail. net along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name W. Delynn Richardson Company Address 3135 Rustic Lane City/State _Castle Wayne, NC Zip 28429 County New Hanover Phone 910-763-6593 Fax Email PROJECT Name Williams Walk PROJECT SYSTEM(S) TRIBUTARY TO BURGAW CREEK (STREAM NAME) _Cape Fear RIVER BASIN ENGINEER/CONSULTANT Company Withers & Ravenel, Inc. -- Garry S. Pape P.E _._ Address 7040 Wrightsville Avenue City/State Wilmington, NC Zip 28403 County New Hanover Phone 910-256-9277 Fax 910-256-2584 Email gpape(d)withersravenel.com -------------------------------------------------------------------------------------------------------------------------------------- State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes ❑ No ❑ STREAM ORIGIN Determination; # of stream calls; Stream Name ❑ STORMWATER ❑ Low Density ® High Density -Detention Pond ❑ High Density -Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ----------------------------------------------------------------------------------------------------------------------------------------------------------------- ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® LAND QUALITY ® Erosion and Sedimentation Control Plan with 12 +1- acres to be disturbed. ------ ------------------------------------------------------------------------------------------------------------------------------------------------------------------ WETLANDS (401) Wetlands on Property ® Yes ❑ No Isolated Wetlands on Property ® yes ❑ No Check all that apply Wetlands Will Be Impacted ❑ Yes ® No Wetland Impacts,, Acres) Wetlands Delineation has been completed ® Yes ❑ No ❑ Buffers Impacted; Acres) USACOE Approval of Delineation completed ® Yes ❑ No 404 Application in process wIUSACOE ❑Yes ❑No I Permit received from USACE ❑Yes [:]No 401 Application required ❑Yes ❑ No If Yes, ❑ Regular ❑ Express ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LQS $ 401 $ Total Fee Amount $